Taking of Marine Mammals Incidental to Specified Activities; Repair of the South Jetty at the Mouth of the Columbia River, Clatsop County, Oregon, 124-127 [E6-22483]
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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices
On November 7, 2006 (71 FR 65086),
NMFS published a NOI that
summarized the recent stock
assessments conducted for large coastal,
blacktip, sandbar, porbeagle, and dusky
sharks. The NOI also described NMFS’
determination as to the status of these
stocks based on the assessments. As a
result of these assessments, NMFS
needs to amend current shark
management measures via an FMP
amendment and anticipates completing
this amendment and any related
documents by January 1, 2008. The
comment period on the NOI and the
issues and options presentation ends on
February 5, 2007.
Request for Comments
Seven scoping meetings will be held
in January 2007 to provide the public an
opportunity to comment on potential
shark management measures to be
included in the upcoming amendment
to the Consolidated HMS FMP. These
public scoping meetings will be held
simultaneously with public hearings for
a proposed rule to gather comments on
management measures to fully utilize
the North Atlantic swordfish quota. The
time allotted to swordfish and shark
management measures will be
distributed accordingly to provide
ample opportunity for the public to
comment on both topics. Time may be
split equally or additional time may be
allotted to either shark or swordfish
measures, as necessary, depending on
the attendees’ primary interests.
Scoping Meetings Code of Conduct
The public is reminded that NMFS
expects participants at the scoping
meetings to conduct themselves
appropriately. At the beginning of each
meeting, a representative of NMFS will
explain the ground rules (e.g., alcohol is
prohibited from the hearing room;
attendees will be called to give their
comments in the order in which they
registered to speak; each attendee will
have an equal amount of time to speak;
and attendees should not interrupt one
another). The NMFS representative will
attempt to structure the meeting so that
all attending members of the public will
be able to comment, if they so choose,
regardless of the controversial nature of
the subject(s). Attendees are expected to
respect the ground rules, and, if they do
not, they will be asked to leave the
meeting.
Special Accommodations
The meetings are physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Michael Clark (see
FOR FURTHER INFORMATION CONTACT) at
least 7 days prior to the meeting.
Dated: December 26, 2006.
Karyl K. Brewster-Geisz,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E6–22513 Filed 12–29–06; 8:45 am]
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Meeting Dates, Times, and Locations
DEPARTMENT OF COMMERCE
The public scoping meetings for this
action will be conducted as follows:
1. Wednesday, January 17, 2007, 6–9
p.m. Northeast Regional Office, One
Blackburn Drive, Gloucester, MA 01930.
2. Thursday, January 18, 2007, 6–9
p.m. City of Madeira Beach, 300
Municipal Drive, Madeira Beach,
Florida 33708.
3. Thursday, January 18, 2007, 6–9
p.m. Manahawkin Public Library, 129
North Main Street, Manahawkin, NJ
08050.
4. Tuesday, January 23, 2007, 6–9
p.m. Destin Community Center, 101
Stahlman Avenue, Destin, FL 32541.
5. Thursday, January 25, 2007, 6–9
p.m. Bayou Black Recreational Center,
3688 Southdown Mandalay Road,
Houma, LA 70360.
6. Tuesday, January 30, 2007, 6–9
p.m. Fort Pierce Library, 101 Melody
Lane, Fort Pierce, FL 34950.
7. Wednesday, January 31, 2007, 6–9
p.m. Manteo Town Hall, 407 Budleigh
Street, Manteo, NC 27954.
National Oceanic and Atmospheric
Administration
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[I.D. 121306A]
Taking of Marine Mammals Incidental
to Specified Activities; Repair of the
South Jetty at the Mouth of the
Columbia River, Clatsop County,
Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Proposed authorization
for a small take authorization; request
for comments.
AGENCY:
SUMMARY: NMFS has received a request
from the U.S. Army Corps of Engineers
(ACOE), Portland District for an
authorization to take small numbers of
Steller sea lions, California sea lions,
and Pacific harbor seals, incidental to
repair work on the South Jetty at the
Mouth of the Columbia River (MCR) in
Clatsop County, Oregon. As a result of
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this request, NMFS is proposing to issue
a 1–year incidental take authorization
(IHA) to take marine mammals by Level
B harassment incidental to this activity.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on ACOE’s
application and NMFS’ proposal to
issue an authorization to ACOE to
incidentally take, by harassment, small
numbers of these species of marine
mammals for a period of 1 year.
DATES: Comments and information must
be received no later than February 2,
2007.
ADDRESSES: Comments on the
application should be addressed to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by telephoning the
contact listed here. The mailbox address
for providing e-mail comments is
PR1.121306A@noaa.gov. Comments
sent via e-mail, including all
attachments, must not exceed a 10–
megabyte file size. A copy of the
application and an Environmental
Assessment (EA) prepared by ACOE
may be viewed at https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm, or by writing to this
address or by telephoning one of the
contacts listed here. Other supporting
documents related to this proposed
project can be viewed at ACOE’s Web
page at https://
www.nwp.usace.army.mil/issues/jetty/
cms/documents.asp.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, NMFS, (301)713–2289, ext
137, or Bridgette Lohrman, NMFS
Oregon State Habitat Office, (503)230–
5422.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(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.
An authorization shall be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s) and will not have an
unmitigable adverse impact on the
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availability of the species or stock(s) for
subsistence uses, and if the permissible
methods of taking and requirements
pertaining to the mitigation, 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.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment. Except
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
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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 authorizations 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 October 23, 2006, NMFS received
a request from ACOE Portland District
for an IHA to take small numbers of
Steller sea lions (Eumetopias jubatus),
California sea lions (Zalophus
californianus), and Pacific harbor seals
(Phoca vitulina richardsi), by Level B
harassment, incidental to conducting
repair work on the MCR South Jetty in
Clatsop County, Oregon. The propose of
the proposed work is to ensure the
continuing function of the South Jetty
by repairing critical trunk portions of
the jetty. The premise of the jetty repair
is to repair the most vulnerable areas of
the South Jetty, where the consequences
of jetty failure is high and would rapidly
and significantly degrade navigation
through the MCR. The intent of the
proposed project is three-fold: (1)
Improve the stability of the foundation
(toe) of the jetty as affected by scour. (2)
Improve the side slope (above and
below water) stability. (3) Improve the
dynamic stability of the jetty as affected
by wave forces impinging on the jetty.
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Interim repairs in 2007 at the MCR
South Jetty consist of placing
approximately 70,000 tons of stone on
the north and south slopes of the jetty.
The jetty repair work extends from
Station (Sta) 258 to Sta 290 (3,200 linear
ft, or 975 linear m) (each station
represent 100 linear ft, or 30.5 linear m;
Sta 0 being at the farthest landward
point of the jetty). The stone size ranges
from 10 - 40 tons with an average size
of 16 tons. A haul road is required along
the top of the jetty for travel of heavy
equipment to the areas of repair.
The contractor will rebuild the
existing haul road from Sta 183 to Sta
245 (6,200 linear ft, or 1,890 linear m)
in the reach of the jetty that is being
repaired in 2006. In addition, a new
haul road segment will be constructed
from Sta 245 to Sta 258 (1,300 linear ft,
or 396 linear m) to access the reach of
the 2007 jetty repairs, bringing the total
haul road length shoreward of actual
jetty rehabilitation to about 7,500 ft
(2,286 m). Haul road materials may
consist of approximately 50,000 tons of
small rock material. New haul road
construction to Sta 258 is anticipated to
begin in April 2007 for duration of
about 4 to 6 weeks. Haul road
construction and concurrent jetty
interim repairs from Sta 258 to the work
terminus at Sta 290 (3,200 linear ft, or
975 linear m) will occur from May
through October 2007.
A lattice boom crane and an excavator
will be used to place stone. Stone
placement will occur from the top of the
jetty. The crane and excavator will use
environmentally-friendly hydraulic
fluids. Four off-road dump trucks will
be used to haul the rock to the work area
on the south jetty. The excavator will be
used to construct the initial haul road to
access the repair areas with a dozer used
to build the haul road over the
completed repair areas. The crane,
excavator and dozer will be stored on
the jetty when not in use. Fueling and
maintenance will be accomplished
using the Wiggins closed fueling system.
The proposed project is planned to
occur from April through October, 2007.
The contractor will work 7 days per
week, sunrise to sunset depending on
weather and wave conditions.
Description of the Marine Mammals
Potentially Affected by the Activity
The marine mammals most likely to
be found in MCR area are the Eastern
U.S. stock of Steller sea lions, California
sea lions, and Pacific harbor seals. The
Steller sea lion eastern stock is listed as
threatened under the Endangered
Species Act (ESA) and is designated as
‘‘depleted’’ under MMPA. The
California sea lions and harbor seals are
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125
not ESA-listed, nor are they depleted.
General information of these species can
be found in Caretta et al. (2006) and
Angliss and Outlaw (2005), which is
available at the following URL: https://
www.nmfs.noaa.gov/pr/pdfs/sars/
po2005.pdf and https://
www.nmfs.noaa.gov/pr/pdfs/sars/
ak2005.pdf, respectively. Refer to those
documents for information on these
species. Additional information on
these species is presented below.
Steller sea lion
The eastern stock of Steller sea lions
breeds on rookeries located in southeast
Alaska, British Columbia, Oregon, and
California; there are no rookeries located
in Washington (Angliss and Outlaw,
2005). While Steller sea lions breed in
Oregon, they use the MCR South Jetty
solely as a haul out area, not a rookery.
In the vicinity of the proposed project
area, Steller sea lions are present all
year round, but are more numerous in
the winter. The breeding season of
Steller sea lions occur from late May to
early July, therefore, abundance is
typically lowest during this period as
many of the adults are at the breeding
rookeries (Hodder, 2005). Only nonbreeding individuals are found on the
jetty during this time, and a greater
percentage of juveniles are present.
Abundance increases following the
breeding season. Minimum population
estimate for the eastern U.S. stock of
Steller sea lion is 43,728 (Angliss and
Outlaw, 2005). Average numbers of
Steller sea lion recorded on the MCR
South Jetty area from 1995 - 2004 vary
from 168 in October to 1,106 in
December (Hodder, 2005).
California sea lion
The U.S. stock of California sea lion
occurs from northern Washington to
southern California. Major rookeries are
found in waters of southern California
and Baja California, Mexico. Only male
California occur at the MCR South Jetty,
as post-breeding dispersers from the
south (Hodder, 2005). Like Steller sea
lions, California sea lions also present in
the vicinity of the proposed project area
year round, and are also more numerous
in winter. The total population size of
the U.S. stock of California sea lions is
estimated from 244,000 to 237,000
(Carretta et al., 2006). Average numbers
of California sea lions recorded on the
MCR South Jetty area from 1995 - 2004
vary from 18 in January to 725 in
December (Hodder, 2005).
Pacific harbor seal
The Oregon/Washington coastal stock
of Pacific harbor seal occurs from
northern Washington to southern
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Oregon and are generally non-migratory.
Harbor seals breed and pup throughout
their range, including the vicinity of the
Columbia River. They use the Columbia
River extensively throughout the year
but are rarely noted on the MCR South
Jetty. An average of 1 - 2 harbor seals
were recorded on MCR South Jetty from
April to June between 1995 and 2004.
No harbor seal have been sighted during
the rest of the months (Hodder, 2005).
Potential Effects on Marine Mammals
and Their Habitat
ACOE and NMFS have determined
that the proposed repair work at MCR
South Jetty has the potential to result in
behavioral harassment of those Steller
sea lions, California sea lions, and
Pacific harbor seals that may be present
in the project vicinity.
The potential takes of these three
marine mammal species will be from
noise generated by operation of
construction equipment and related
activities, and from the presence of
trucks, excavators, construction
machinery, and personnel in the
proximity to the animals.
The anticipated impact upon the sea
lions and harbor seals include
temporary disturbance and
displacement of animals to other parts
of the jetty or other nearby haul-outs
until work is discontinued. Other haulouts are available for harbor seals
throughout the Columbia River estuary,
and for sea lions on other parts of the
south jetty, the North Jetty, or rocky
headlands in northern Oregon or
southern Washington states.
Observations in the past have shown
that animals that are disturbed into the
water did not leave the vicinity, instead,
they would move to other parts of the
jetty.
It has been observed that Steller sea
lions moved into water when
approached by a boat within 300 ft (91
m) or less, however, in other occasions
there was no change in Steller sea lion
behavior when approached within the
same distance or less. It is also noted
that majority of Steller sea lions use the
far end of the jetty, which is broken off
from the main stretch of the jetty and
formed an island. It is estimated that
maximum of 10 percent Steller sea lions
at South Jetty will occur within range of
disturbance, and none would occur
within the range of disturbance during
the first month. Therefore, the total
number of Steller sea lion that
potentially could be taken, calculated
from the recorded data of Steller sea
lion at South Jetty from 1995 – 2004,
would be 204 animals.
California sea lions are known to use
areas of the jetty more shoreward than
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Steller sea lions. It is assumed that all
California sea lions and harbor seals
hauled out in the vicinity of the
proposed project would be taken by
Level B harassment. Based on the
average number of pinnipeds recorded
on the MCR South Jetty between 1995
and 2004 (Hodder, 2005), it is estimated
that a total of 336 California sea lions
and 4 Pacific harbor seals would be
taken by Level B harassment as a result
of the proposed jetty repair work.
Repairing the South Jetty by adding
more rocks will not reduce the
availability or accessibility of habitat for
Steller and California sea lions and
harbor seals, as rock replacement would
occur at the existing jetty footprint.
Seals and sea lions use the existing tip
of the jetty that is built of concrete
blocks, and are easily able to climb up
several vertical feet from one block to
the next. The MCR South Jetty is not
designated as critical habitat for the
Steller sea lion under the ESA.
There is no subsistence harvest of
marine mammals in the proposed
project area, therefore, there will be no
impact of the activity on the availability
of the species or stocks of marine
mammals for subsistence uses.
Mitigation and Monitoring
As a mitigation measure to reduce
potential Level B harassment to marine
mammals as a result of the proposed
project, NMFS proposes that during
land-based rock placement at South
Jetty, the contractor vehicles and
personnel should avoid direct approach
towards pinnipeds that are hauled out
as much as possible. If it is absolutely
necessary for the contractor to make
movements towards pinnipeds, the
contractor will approach in a slow and
steady manner to reduce the behavioral
harassment to the animals as much as
possible.
ACOE would monitor marine
mammals before, during, and after the
proposed South Jetty repair project in
the MCR area. Steller and California sea
lions and harbor seal in the MCR area
would be monitored for 1 week before,
during, and 4 and 8 weeks after the
proposed construction work. Pinniped
species, numbers, behavior, any
observed disturbances during the jetty
repair construction, and recolonization
by pinnipeds of the project area after the
construction activities would be noted.
Reporting
The ACOE will report the number of
sea lions and seals present on the South
Jetty for 1 week before starting work.
During construction, the ACOE will
provide weekly reports to NMFS which
will include a summary of the previous
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week’s numbers of sea lions and seals
that may have been disturbed as a result
of the jetty repair construction activities.
These reports will provide dates, time,
tidal height, maximum number of sea
lions and seals on the jetty and any
observed disturbances. The ACOE also
will provide a description of
construction activities at the time of
observation. The ACOE will submit a
report to NMFS within 90 days of
completion of the 2007 phase of the
project.
National Environmental Policy Act
(NEPA)
In January, 2005, ACOE prepared the
Final Environmental Assessment Repair
of North and South Jetties Mouth of the
Columbia River, Clatsop County, Oregon
and Pacific County, Washington (EA)
and issued a Finding of No Significant
Impact on January 24, 2005. NMFS is
reviewing this EA and will either adopt
it or prepare its own NEPA document
before making a determination on the
issuance of an IHA. A copy of ACOE’s
EA for this activity is available upon
written request (see ADDRESSES) or at
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm.
ESA
The NMFS Northwest Regional Office
(NWRO) prepared a Biological Opinion
(BO) upon conducting a section 7
consultation with the ACOE in July
2004. In the BO, NMFS concluded that
the proposed action is not likely to
jeopardize the continued existence of
thirteen species of ESA-listed salmonid
fishes, Snake River (SR) fall-run
Chinook salmon, SR spring/summer-run
Chinook salmon, SR sockeye salmon, SR
steelhead, Lower Columbia River (LCR)
Chinook salmon, Upper Columbia River
(UCR) spring-run Chinook salmon,
Upper Willamette River (UMR) Chinook
salmon, Columbia River chum salmon,
Middle Columbia River steelhead, LCR
steelhead, UWR steelhead, UCR
steelhead, and LCR coho salmon, or
destroy or adversely modify designated
critical habitat.
On April 2, 2004, NMFS NWRO
issued a ‘‘may affect, but not likely to
adversely affect’’ determination for the
effects to marine mammals and sea
turtles listed under the ESA from the
rehabilitation of the north and south
jetties at the MCR area to the ACOE. On
October 18, 2005, ACOE contacted
NMFS to discuss new information
regarding Steller sea lions hauling out
on the South Jetty closer to the work site
than previously observed. The ACOE
requested NMFS’ concurrence with a
determination of may affect, but not
likely to adversely affect Steller sea
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lions with regard to this new
information. After conversations with
NMFS concerning this determination,
the ACOE initiated formal consultation
for the Steller sea lion on November 30,
2005, for carrying out the rehabilitation
of the South Jetty at the MCR. On
September 27, 2006, NMFS NWRO
issued a BO based on the reinitiation of
an ESA section 7 consultation on Steller
sea lions. In this BO, NMFS concluded
that the proposed action is not likely to
jeopardize the continued existence of
the Eastern U.S. stock of Steller sea lion.
The BO also concurred that no Steller
sea lion critical habitat exists within the
proposed action area.
Information Solicited
NMFS requests interested persons to
submit comments, information, and
suggestions concerning this request (see
ADDRESSES).
Preliminary Determinations
Renewal of Department of Defense
Federal Advisory Committees
For the reasons discussed in this
document and in previously identified
supporting documents, NMFS has
preliminarily determined that the
impact of jetty repair construction at the
MCR South Jetty should result, at worst,
in the Level B harassment of small
numbers of Steller sea lions, California
sea lions, and Pacific harbor seals that
haul-out in the vicinity of the proposed
project area. While behavioral
modifications, including temporarily
vacating the area around the
construction site, may be made by these
species to avoid the resultant visual and
acoustic disturbance, the availability of
alternate areas within MCR and haul-out
sites has led NMFS to preliminarily
determine that this action will have a
negligible impact on Steller sea lion,
California sea lion, and Pacific harbor
seal populations in the area.
In addition, no take by Level A
harassment (injury) or death is
anticipated and harassment takes
should be at the lowest level practicable
due to incorporation of the mitigation
measures mentioned previously in this
document.
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Proposed Authorization
NMFS proposes to issue an IHA to
ACOE for the potential harassment of
small numbers of Steller sea lions,
California sea lions, and harbor seals
incidental to repair construction of at
the MCR South Jetty in Clatsop County,
Oregon, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
NMFS has preliminarily determined
that the proposed activity would result
in the harassment of only small
numbers of Steller sea lions, California
sea lions, and harbor seals, and will
have no more than a negligible impact
on these marine mammal species and/
or stocks.
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19:02 Dec 29, 2006
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Dated: December 27, 2006.
P. Michael Payne,
Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. E6–22483 Filed 12–29–06; 8:45 am]
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DEPARTMENT OF DEFENSE
DoD.
Notice.
AGENCY:
ACTION:
SUMMARY: Under the provisions of the
Federal Advisory Committee Act of
1972, as amended (5 U.S.C. Appendix),
the Department of Defense gives notice
that the Threat Reduction Advisory
Committee, intends to modify the
existing charter to include the use of
subcommittees. This committee and its
subcommittees provide necessary and
valuable independent advice to the
Secretary of Defense and other senior
Defense officials in their respective
areas of expertise.
It is a continuing DoD policy to make
every effort to achieve a balanced
membership on all DoD advisory
committees. Each committee is
evaluated in terms of the functional
disciplines, levels of experience,
professional diversity, public and
private association, and similar
characteristics required to ensure a high
degree of balance is obtained.
FOR FURTHER INFORMATION CONTACT:
Frank Wilson, DoD Committee
Management Officer, 703–601–2554.
Dated: December 22, 2006.
L.M. Bynum,
Alternate OSD Federal Register, Liaison
Officer, Department of Defense.
[FR Doc. 06–9945 Filed 12–29–06; 8:45 am]
BILLING CODE 5001–06–M
DEPARTMENT OF DEFENSE
Department of the Navy
Information on Surplus Land at a
Military Installation Designated for
Disposal: Naval Air Station, Brunswick,
ME—Topsham Annex
Department of the Navy, DoD.
Notice.
AGENCY:
ACTION:
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SUMMARY: This notice provides
information on the surplus property at
Naval Air Station (NAS), Brunswick,
ME—Topsham Annex.
FOR FURTHER INFORMATION CONTACT: Ms.
Kimberly Kesler, Director, Base
Realignment and Closure Program
Management Office, 1455 Frazee Road,
San Diego, CA 92108–4310, telephone
619–532–0993, or Mr. David Drozd,
Director, Base Realignment and Closure
Program Management Office, Northeast,
4911 South Broad Street, Philadelphia,
PA 19112–1303, telephone 215–897–
4909.
In 2005,
NAS, Brunswick, ME, was designated
for closure under the authority of the
Defense Base Closure and Realignment
Act of 1990, Public Law 101–510, as
amended (the Act). Pursuant to this
designation, on January 23, 2006, land
and facilities at this installation were
declared excess to the Department of
Navy (DON) and available to other
Department of Defense components and
other federal agencies. The DON has
evaluated all timely Federal requests
and has made a decision on property
required by the Federal Government.
Notice of Surplus Property. Pursuant
to paragraph (7)(B) of Section 2905(b) of
the Act, as amended by the Base Closure
Community Redevelopment and
Homeless Assistance Act of 1994, the
following information regarding the
redevelopment authority for surplus
property at NAS, Brunswick, ME—
Topsham Annex is published in the
Federal Register.
Redevelopment Authority. The local
redevelopment authority for NAS,
Brunswick, ME—Topsham Annex is the
Topsham Local Redevelopment
Authority. The point of contact is Mr.
Gary Brown, Town Manager, Town of
Topsham, 22 Elm Street, Topsham, ME
04086, telephone 207–725–5821.
Surplus Property Description. The
following is a list of the land and
facilities at NAS, Brunswick—Topsham
Annex that are surplus to the needs of
the Federal Government.
a. Land. NAS, Brunswick, ME—
Topsham Annex consists of
approximately 74 acres of improved and
unimproved fee simple land located
within Sagadahoc County and the City
of Topsham; however, approximately 44
acres of this land is improved with 177
units of housing formerly known as
‘‘Capehart Housing’’ and a maintenance
building, which are currently outleased
to Northeast Housing LLC. Lease expires
October 31, 2054. In general, the area
will be available when the installation
closes in September 2011.
SUPPLEMENTARY INFORMATION:
Office of the Secretary
127
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03JAN1
]]>Agencies
[Federal Register Volume 72, Number 1 (Wednesday, January 3, 2007)]
[Notices]
[Pages 124-127]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-22483]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 121306A]
Taking of Marine Mammals Incidental to Specified Activities;
Repair of the South Jetty at the Mouth of the Columbia River, Clatsop
County, Oregon
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; Proposed authorization for a small take authorization;
request for comments.
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SUMMARY: NMFS has received a request from the U.S. Army Corps of
Engineers (ACOE), Portland District for an authorization to take small
numbers of Steller sea lions, California sea lions, and Pacific harbor
seals, incidental to repair work on the South Jetty at the Mouth of the
Columbia River (MCR) in Clatsop County, Oregon. As a result of this
request, NMFS is proposing to issue a 1-year incidental take
authorization (IHA) to take marine mammals by Level B harassment
incidental to this activity. Pursuant to the Marine Mammal Protection
Act (MMPA), NMFS is requesting comments on ACOE's application and NMFS'
proposal to issue an authorization to ACOE to incidentally take, by
harassment, small numbers of these species of marine mammals for a
period of 1 year.
DATES: Comments and information must be received no later than February
2, 2007.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225, or by telephoning the
contact listed here. The mailbox address for providing e-mail comments
is PR1.121306A@noaa.gov. Comments sent via e-mail, including all
attachments, must not exceed a 10-megabyte file size. A copy of the
application and an Environmental Assessment (EA) prepared by ACOE may
be viewed at https://www.nmfs.noaa.gov/pr/permits/incidental.htm, or by
writing to this address or by telephoning one of the contacts listed
here. Other supporting documents related to this proposed project can
be viewed at ACOE's Web page at https://www.nwp.usace.army.mil/issues/
jetty/cms/documents.asp.
FOR FURTHER INFORMATION CONTACT: Shane Guan, NMFS, (301)713-2289, ext
137, or Bridgette Lohrman, NMFS Oregon State Habitat Office, (503)230-
5422.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and 101(a)(5)(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.
An authorization shall be granted if NMFS finds that the taking
will have a negligible impact on the species or stock(s) and will not
have an unmitigable adverse impact on the
[[Page 125]]
availability of the species or stock(s) for subsistence uses, and if
the permissible methods of taking and requirements pertaining to the
mitigation, 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.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except with respect to certain activities not pertinent here, the MMPA
defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
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 authorizations 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 October 23, 2006, NMFS received a request from ACOE Portland
District for an IHA to take small numbers of Steller sea lions
(Eumetopias jubatus), California sea lions (Zalophus californianus),
and Pacific harbor seals (Phoca vitulina richardsi), by Level B
harassment, incidental to conducting repair work on the MCR South Jetty
in Clatsop County, Oregon. The propose of the proposed work is to
ensure the continuing function of the South Jetty by repairing critical
trunk portions of the jetty. The premise of the jetty repair is to
repair the most vulnerable areas of the South Jetty, where the
consequences of jetty failure is high and would rapidly and
significantly degrade navigation through the MCR. The intent of the
proposed project is three-fold: (1) Improve the stability of the
foundation (toe) of the jetty as affected by scour. (2) Improve the
side slope (above and below water) stability. (3) Improve the dynamic
stability of the jetty as affected by wave forces impinging on the
jetty.
Interim repairs in 2007 at the MCR South Jetty consist of placing
approximately 70,000 tons of stone on the north and south slopes of the
jetty. The jetty repair work extends from Station (Sta) 258 to Sta 290
(3,200 linear ft, or 975 linear m) (each station represent 100 linear
ft, or 30.5 linear m; Sta 0 being at the farthest landward point of the
jetty). The stone size ranges from 10 - 40 tons with an average size of
16 tons. A haul road is required along the top of the jetty for travel
of heavy equipment to the areas of repair.
The contractor will rebuild the existing haul road from Sta 183 to
Sta 245 (6,200 linear ft, or 1,890 linear m) in the reach of the jetty
that is being repaired in 2006. In addition, a new haul road segment
will be constructed from Sta 245 to Sta 258 (1,300 linear ft, or 396
linear m) to access the reach of the 2007 jetty repairs, bringing the
total haul road length shoreward of actual jetty rehabilitation to
about 7,500 ft (2,286 m). Haul road materials may consist of
approximately 50,000 tons of small rock material. New haul road
construction to Sta 258 is anticipated to begin in April 2007 for
duration of about 4 to 6 weeks. Haul road construction and concurrent
jetty interim repairs from Sta 258 to the work terminus at Sta 290
(3,200 linear ft, or 975 linear m) will occur from May through October
2007.
A lattice boom crane and an excavator will be used to place stone.
Stone placement will occur from the top of the jetty. The crane and
excavator will use environmentally-friendly hydraulic fluids. Four off-
road dump trucks will be used to haul the rock to the work area on the
south jetty. The excavator will be used to construct the initial haul
road to access the repair areas with a dozer used to build the haul
road over the completed repair areas. The crane, excavator and dozer
will be stored on the jetty when not in use. Fueling and maintenance
will be accomplished using the Wiggins closed fueling system.
The proposed project is planned to occur from April through
October, 2007. The contractor will work 7 days per week, sunrise to
sunset depending on weather and wave conditions.
Description of the Marine Mammals Potentially Affected by the Activity
The marine mammals most likely to be found in MCR area are the
Eastern U.S. stock of Steller sea lions, California sea lions, and
Pacific harbor seals. The Steller sea lion eastern stock is listed as
threatened under the Endangered Species Act (ESA) and is designated as
``depleted'' under MMPA. The California sea lions and harbor seals are
not ESA-listed, nor are they depleted. General information of these
species can be found in Caretta et al. (2006) and Angliss and Outlaw
(2005), which is available at the following URL: https://
www.nmfs.noaa.gov/pr/pdfs/sars/po2005.pdf and https://www.nmfs.noaa.gov/
pr/pdfs/sars/ak2005.pdf, respectively. Refer to those documents for
information on these species. Additional information on these species
is presented below.
Steller sea lion
The eastern stock of Steller sea lions breeds on rookeries located
in southeast Alaska, British Columbia, Oregon, and California; there
are no rookeries located in Washington (Angliss and Outlaw, 2005).
While Steller sea lions breed in Oregon, they use the MCR South Jetty
solely as a haul out area, not a rookery.
In the vicinity of the proposed project area, Steller sea lions are
present all year round, but are more numerous in the winter. The
breeding season of Steller sea lions occur from late May to early July,
therefore, abundance is typically lowest during this period as many of
the adults are at the breeding rookeries (Hodder, 2005). Only non-
breeding individuals are found on the jetty during this time, and a
greater percentage of juveniles are present. Abundance increases
following the breeding season. Minimum population estimate for the
eastern U.S. stock of Steller sea lion is 43,728 (Angliss and Outlaw,
2005). Average numbers of Steller sea lion recorded on the MCR South
Jetty area from 1995 - 2004 vary from 168 in October to 1,106 in
December (Hodder, 2005).
California sea lion
The U.S. stock of California sea lion occurs from northern
Washington to southern California. Major rookeries are found in waters
of southern California and Baja California, Mexico. Only male
California occur at the MCR South Jetty, as post-breeding dispersers
from the south (Hodder, 2005). Like Steller sea lions, California sea
lions also present in the vicinity of the proposed project area year
round, and are also more numerous in winter. The total population size
of the U.S. stock of California sea lions is estimated from 244,000 to
237,000 (Carretta et al., 2006). Average numbers of California sea
lions recorded on the MCR South Jetty area from 1995 - 2004 vary from
18 in January to 725 in December (Hodder, 2005).
Pacific harbor seal
The Oregon/Washington coastal stock of Pacific harbor seal occurs
from northern Washington to southern
[[Page 126]]
Oregon and are generally non-migratory. Harbor seals breed and pup
throughout their range, including the vicinity of the Columbia River.
They use the Columbia River extensively throughout the year but are
rarely noted on the MCR South Jetty. An average of 1 - 2 harbor seals
were recorded on MCR South Jetty from April to June between 1995 and
2004. No harbor seal have been sighted during the rest of the months
(Hodder, 2005).
Potential Effects on Marine Mammals and Their Habitat
ACOE and NMFS have determined that the proposed repair work at MCR
South Jetty has the potential to result in behavioral harassment of
those Steller sea lions, California sea lions, and Pacific harbor seals
that may be present in the project vicinity.
The potential takes of these three marine mammal species will be
from noise generated by operation of construction equipment and related
activities, and from the presence of trucks, excavators, construction
machinery, and personnel in the proximity to the animals.
The anticipated impact upon the sea lions and harbor seals include
temporary disturbance and displacement of animals to other parts of the
jetty or other nearby haul-outs until work is discontinued. Other haul-
outs are available for harbor seals throughout the Columbia River
estuary, and for sea lions on other parts of the south jetty, the North
Jetty, or rocky headlands in northern Oregon or southern Washington
states. Observations in the past have shown that animals that are
disturbed into the water did not leave the vicinity, instead, they
would move to other parts of the jetty.
It has been observed that Steller sea lions moved into water when
approached by a boat within 300 ft (91 m) or less, however, in other
occasions there was no change in Steller sea lion behavior when
approached within the same distance or less. It is also noted that
majority of Steller sea lions use the far end of the jetty, which is
broken off from the main stretch of the jetty and formed an island. It
is estimated that maximum of 10 percent Steller sea lions at South
Jetty will occur within range of disturbance, and none would occur
within the range of disturbance during the first month. Therefore, the
total number of Steller sea lion that potentially could be taken,
calculated from the recorded data of Steller sea lion at South Jetty
from 1995 - 2004, would be 204 animals.
California sea lions are known to use areas of the jetty more
shoreward than Steller sea lions. It is assumed that all California sea
lions and harbor seals hauled out in the vicinity of the proposed
project would be taken by Level B harassment. Based on the average
number of pinnipeds recorded on the MCR South Jetty between 1995 and
2004 (Hodder, 2005), it is estimated that a total of 336 California sea
lions and 4 Pacific harbor seals would be taken by Level B harassment
as a result of the proposed jetty repair work.
Repairing the South Jetty by adding more rocks will not reduce the
availability or accessibility of habitat for Steller and California sea
lions and harbor seals, as rock replacement would occur at the existing
jetty footprint. Seals and sea lions use the existing tip of the jetty
that is built of concrete blocks, and are easily able to climb up
several vertical feet from one block to the next. The MCR South Jetty
is not designated as critical habitat for the Steller sea lion under
the ESA.
There is no subsistence harvest of marine mammals in the proposed
project area, therefore, there will be no impact of the activity on the
availability of the species or stocks of marine mammals for subsistence
uses.
Mitigation and Monitoring
As a mitigation measure to reduce potential Level B harassment to
marine mammals as a result of the proposed project, NMFS proposes that
during land-based rock placement at South Jetty, the contractor
vehicles and personnel should avoid direct approach towards pinnipeds
that are hauled out as much as possible. If it is absolutely necessary
for the contractor to make movements towards pinnipeds, the contractor
will approach in a slow and steady manner to reduce the behavioral
harassment to the animals as much as possible.
ACOE would monitor marine mammals before, during, and after the
proposed South Jetty repair project in the MCR area. Steller and
California sea lions and harbor seal in the MCR area would be monitored
for 1 week before, during, and 4 and 8 weeks after the proposed
construction work. Pinniped species, numbers, behavior, any observed
disturbances during the jetty repair construction, and recolonization
by pinnipeds of the project area after the construction activities
would be noted.
Reporting
The ACOE will report the number of sea lions and seals present on
the South Jetty for 1 week before starting work. During construction,
the ACOE will provide weekly reports to NMFS which will include a
summary of the previous week's numbers of sea lions and seals that may
have been disturbed as a result of the jetty repair construction
activities. These reports will provide dates, time, tidal height,
maximum number of sea lions and seals on the jetty and any observed
disturbances. The ACOE also will provide a description of construction
activities at the time of observation. The ACOE will submit a report to
NMFS within 90 days of completion of the 2007 phase of the project.
National Environmental Policy Act (NEPA)
In January, 2005, ACOE prepared the Final Environmental Assessment
Repair of North and South Jetties Mouth of the Columbia River, Clatsop
County, Oregon and Pacific County, Washington (EA) and issued a Finding
of No Significant Impact on January 24, 2005. NMFS is reviewing this EA
and will either adopt it or prepare its own NEPA document before making
a determination on the issuance of an IHA. A copy of ACOE's EA for this
activity is available upon written request (see ADDRESSES) or at http:/
/www.nmfs.noaa.gov/pr/permits/incidental.htm.
ESA
The NMFS Northwest Regional Office (NWRO) prepared a Biological
Opinion (BO) upon conducting a section 7 consultation with the ACOE in
July 2004. In the BO, NMFS concluded that the proposed action is not
likely to jeopardize the continued existence of thirteen species of
ESA-listed salmonid fishes, Snake River (SR) fall-run Chinook salmon,
SR spring/summer-run Chinook salmon, SR sockeye salmon, SR steelhead,
Lower Columbia River (LCR) Chinook salmon, Upper Columbia River (UCR)
spring-run Chinook salmon, Upper Willamette River (UMR) Chinook salmon,
Columbia River chum salmon, Middle Columbia River steelhead, LCR
steelhead, UWR steelhead, UCR steelhead, and LCR coho salmon, or
destroy or adversely modify designated critical habitat.
On April 2, 2004, NMFS NWRO issued a ``may affect, but not likely
to adversely affect'' determination for the effects to marine mammals
and sea turtles listed under the ESA from the rehabilitation of the
north and south jetties at the MCR area to the ACOE. On October 18,
2005, ACOE contacted NMFS to discuss new information regarding Steller
sea lions hauling out on the South Jetty closer to the work site than
previously observed. The ACOE requested NMFS' concurrence with a
determination of may affect, but not likely to adversely affect Steller
sea
[[Page 127]]
lions with regard to this new information. After conversations with
NMFS concerning this determination, the ACOE initiated formal
consultation for the Steller sea lion on November 30, 2005, for
carrying out the rehabilitation of the South Jetty at the MCR. On
September 27, 2006, NMFS NWRO issued a BO based on the reinitiation of
an ESA section 7 consultation on Steller sea lions. In this BO, NMFS
concluded that the proposed action is not likely to jeopardize the
continued existence of the Eastern U.S. stock of Steller sea lion. The
BO also concurred that no Steller sea lion critical habitat exists
within the proposed action area.
Preliminary Determinations
For the reasons discussed in this document and in previously
identified supporting documents, NMFS has preliminarily determined that
the impact of jetty repair construction at the MCR South Jetty should
result, at worst, in the Level B harassment of small numbers of Steller
sea lions, California sea lions, and Pacific harbor seals that haul-out
in the vicinity of the proposed project area. While behavioral
modifications, including temporarily vacating the area around the
construction site, may be made by these species to avoid the resultant
visual and acoustic disturbance, the availability of alternate areas
within MCR and haul-out sites has led NMFS to preliminarily determine
that this action will have a negligible impact on Steller sea lion,
California sea lion, and Pacific harbor seal populations in the area.
In addition, no take by Level A harassment (injury) or death is
anticipated and harassment takes should be at the lowest level
practicable due to incorporation of the mitigation measures mentioned
previously in this document.
Proposed Authorization
NMFS proposes to issue an IHA to ACOE for the potential harassment
of small numbers of Steller sea lions, California sea lions, and harbor
seals incidental to repair construction of at the MCR South Jetty in
Clatsop County, Oregon, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. NMFS has
preliminarily determined that the proposed activity would result in the
harassment of only small numbers of Steller sea lions, California sea
lions, and harbor seals, and will have no more than a negligible impact
on these marine mammal species and/or stocks.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: December 27, 2006.
P. Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E6-22483 Filed 12-29-06; 8:45 am]
BILLING CODE 3510-22-S
