Small Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 77011-77013 [E8-30108]
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
Salmon Management Measures for 2009
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May 1, 2009: Federal regulations for
2009 ocean salmon regulations will be
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mstockstill on PROD1PC66 with NOTICES
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17:51 Dec 17, 2008
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Authority: 16 U.S.C. 1801 et. seq.
Dated: December 15, 2008.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–30091 Filed 12–17–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XM02
Small Takes of Marine Mammals
Incidental to Specified Activities;
Seabird and Pinniped Research
Activities in Central California
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 an Incidental
Harassment Authorization (IHA) to
PRBO Conservation Science (PRBO) to
take small numbers of marine mammals,
by Level B behavioral harassment only,
incidental to conducting seabird and
pinniped research in central California.
DATES: This authorization is effective
from December 12, 2008, through
December 11, 2009.
ADDRESSES: A copy of the IHA and the
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225, or by contacting one of the
individuals listed here (FOR FURTHER
INFORMATION CONTACT), or online at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this
notice may be viewed, by appointment,
during regular business hours, at the
aforementioned address and at the
Southwest Region, NMFS, 501 West
Ocean Boulevard, Suite 4200, Long
Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody or Jaclyn Daly, Office of
Protected Resources, NMFS, (301) 713–
2289, or Monica DeAngelis, Southwest
Regional Office, NMFS, (562) 980–4023.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
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77011
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by United States
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 a negligible impact on
the species or stock(s), and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
certain 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
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 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 the
authorization.
Summary of Request
On July 28, 2008, NMFS received an
application from PRBO requesting an
authorization for the harassment of
small numbers of California sea lions
(Zalophus californianus), Pacific harbor
seals (Phoca vitulina richardsi),
northern elephant seals (Mirounga
angustirostris), and Steller sea lions
(Eumetopias jubatus) incidental to
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
conducting seabird and pinniped
research operations on Southeast
Farallon Island, Ano Nuevo Island, and
Point Reyes National Seashore in central
California. A detailed description of the
activity is provided in the September
29, 2008, Federal Register notice (73 FR
56556), therefore, it is not repeated here.
mstockstill on PROD1PC66 with NOTICES
Comments and Responses
A notice of receipt and request for 30–
day public comment on the application
and proposed authorization was
published on September 29, 2008 (73 FR
56556). During the 30–day public
comment period, NMFS received
comments from the Marine Mammal
Commission (Commission).
Comment: The Commission
recommends that any authorization
issued specify that, if a mortality or
serious injury of a marine mammal
occurs that appears to be related to the
research, PRBO must suspend research
activities while NMFS determines
whether steps can be taken to avoid
further injuries or mortalities or until
NMFS would potentially authorize such
taking by regulations promulgated
under section 101(a)(5)(A) of the
MMPA.
Response:NMFS agrees with the
Commission that research activities
must be suspended immediately if a
dead or injured marine mammal is
found in the vicinity of the project area
and the death or injury of the animal
could be attributable to the applicant’s
activities. This requirement is a
condition in the IHA.
Description of the Marine Mammals
Potentially Affected by the Activity
The marine mammals most likely to
be harassed incidental to conducting
seabird research at the proposed
research areas on Southeast Farallon
Island, Ano Nuevo Island, and Point
Reyes National Seashore are primarily
California sea lions, northern elephant
seals, Pacific harbor seals, and to a
lesser extent Steller sea lions.
The marine mammals most likely to
be harassed incidental to conducting
pinniped research conducted under
NMFS Scientific Research Permit (SRP)
373–1868–00 are harbor seals, northern
elephant seals, California sea lions,
Steller sea lions and northern fur seals.
However, directed take of elephant
seals, harbor seals, California sea lions,
and northern fur seals is authorized by
SRP 373–1868–00.
General information of these species
can be found in Caretta et al. (2008) and
is available at the following URL: https://
www.nmfs.noaa.gov/pr/pdfs/sars/
po2007.pdf. Additional information on
these species is provided in the
VerDate Aug<31>2005
17:51 Dec 17, 2008
Jkt 217001
September 29, 2008, Federal Register
notice (73 FR 56556). Refer to these
documents for information on these
species.
Potential Effects on Marine Mammals
The only anticipated impacts would
be temporary disturbances caused by
the appearance of researchers near the
pinnipeds. Incidental harassment may
occur as researchers approach the haulout sites with vessels, pedestrian
approach to bird nesting sites, and
during capture and sampling activities
of harbor seals and northern elephant
seals. The potential disturbance might
alter pinniped behavior and may cause
animals to flush from the area. Animals
may return to the same site once
researchers have left or go to an
alternate haul out site, which usually
occurs within 30 minutes (Allen et al.,
1985).
Long-term effects of this disturbance
are unlikely, as the activities are not
conducted in breeding areas for marine
mammals and very few breeding
animals will be present in the vicinity
of the proposed seabird and pinniped
research areas. No research would occur
on pinniped rookeries; therefore, mother
and pup separation or crushing of pups
is not a concern.
Potential Impacts on Habitat
NMFS has designated critical habitat
for the Steller sea lion around Southeast
Farallon Island and Ano Nuevo Island,
extending from these two rookeries to
3,000 feet offshore. Neither the
proposed seabird research, nor the
proposed pinniped research would
result in the physical altering of marine
mammal habitat. The proposed action
will not impact any habitat on the
islands and is not likely to result in the
destruction or adverse modification of
Steller sea lion critical habitat or to the
food sources that they use. This project
will have negligible impacts to any
haul-out sites, rafting sites, forage sites,
or food resources in the action area and
therefore is not likely to adversely affect
designated critical habitat.
Incidental marine mammal takes will
not result in the physical altering of
major breeding habitat. No survey or
sampling equipment will be left in
habitat areas; no toxic chemicals will be
present; and all state and federal marine
regulations, including those from
National Marine Sanctuaries, will be
followed in regards to boat emissions.
Potential Impacts to Subsistence
Harvest of Marine Mammals
There is no subsistence harvest of
marine mammals in the proposed
research area; therefore, there will be no
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Fmt 4703
Sfmt 4703
impact of the activity on the availability
of the species or stocks of marine
mammals for subsistence uses.
Number of Marine Mammals Expected
to Be Taken
It is estimated that approximately
2,242 California sea lions, 418 harbor
seals, 253 northern elephant seals, and
20 Steller sea lions could be potentially
affected by Level B behavioral
harassment. This estimate is based on
previous research experiences, with the
same activities conducted in the
proposed research area, and on marine
mammal research activities in these
areas. These incidental harassment take
numbers represent approximately one
percent of the U.S. stock of California
sea lion, 1.2 percent of the California
stock of Pacific harbor seal, less than
one percent of the California breeding
stock of northern elephant seal, and 0.04
percent of the eastern U.S. stock of
Steller sea lion. All of the potential
takes are expected to be Level B
behavioral harassment only. No injury
or mortality to pinnipeds is expected or
requested.
Mitigation Measures
PRBO researchers would take all
possible measures to reduce marine
mammal disturbance for the activities
described in the Summary of Request
and in the Federal Register notice of
receipt (73 FR 56556, September 29,
2008).
To reduce the potential for
disturbance from visual and acoustic
stimuli associated with seabird and
pinniped research activities, PRBO
proposes to undertake the following
mitigation measures: (1) abide by the
Terms and Conditions of the Biological
Opinion’s Incidental Take Statement; (2)
continue to abide by the Terms and
Conditions of Scientific Research Permit
373–1868–00; (3) plan to minimize the
potential for disturbance (to the lowest
level practicable) near known pinniped
haul-outs by boat travel and pedestrian
approach during pinniped and seabird
research operations; (4) conduct
research activities during the planned
dates stated in the application; (5) to the
extent possible, be careful in the route
of approach during beach landings; (6)
attempt beach landings on Ano Nuevo
Island only after any pinnipeds that
might be present on the landing beach
have entered the water; (7) select a
pathway of approach to research sites
that minimizes the number of marine
mammals harassed, with the first
priority being avoiding the disturbance
of Steller sea lions at haul outs; (8)
monitor for offshore predators and not
approach hauled out Stellar sea lions if
E:\FR\FM\18DEN1.SGM
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Federal Register / Vol. 73, No. 244 / Thursday, December 18, 2008 / Notices
and issued a Finding of No Significant
Impact (FONSI).
For this proposed action, PRBO has
requested to incidentally harass 20
Steller sea lions, (i.e., 4 more than what
was analyzed in the 2007 EA, which
expands the scope of the previously
analyzed action) during the conduct of
pinniped and seabird research. Thus,
NMFS has prepared a supplemental EA
(SEA) to address new available
information regarding the effects of
PRBO’s seabird and pinniped research
activities that may have cumulative
impacts to the physical and biological
environment. NMFS has issued a FONSI
for the SEA regarding PRBO’s activities.
The analysis in the 2007 EA and 2008
SEA concluded that issuance of an IHA
would not significantly affect the
quality of the human environment. In
addition, all beneficial and adverse
impacts of the action have been
addressed to reach the conclusion of no
significant impacts. Accordingly,
preparation of an Environmental Impact
Statement for this action is not
necessary.
Monitoring
PRBO researchers, and their designees
would: (1) record the date, time, and
location (or closest point of ingress) of
each visit; (2) record marine mammal
behavior patterns observed before,
during, and after the activities; (3)
record the number of Steller sea lions
present at each location; (4) if
applicable, note the presence of any
offshore predators (date, time, number,
species).
Reporting
PRBO, and its designees, will submit
a draft final report to NMFS within 90
days after the expiration of the IHA and
will submit a final report to NMFS
within 30 days after receiving comments
from NMFS on the draft final report.
mstockstill on PROD1PC66 with NOTICES
great white sharks or killer whales are
seen in the area, and if predators are
seen, eastern Steller sea lions must not
be disturbed until the area is free of
predators; (9) keep voices hushed and
bodies low in the visual presence of
pinnipeds; (10) conduct seabird
observations at North Landing on
Southeast Farallon Island within an
observation blind to remain shielded
from the view of hauled out pinnipeds;
(11) crawl slowly towards seabird
nesting boxes on Ano Nuevo Island if
pinnipeds are within the researchers’
field of vision; (12) coordinate visits for
seabird and pinniped research to
intertidal areas of Southeast Farallon
Island to reduce potential take; (13)
coordinate all research goals on Ano
Nuevo Island to minimize the number of
trips to the island and coordinate
monitoring schedules so that areas near
any pinnipeds would be accessed only
once per visit; and (14) the lead
biologist will serve as an observer to
evaluate incidental take and halt any
research activities should the potential
for incidental take become too great.
Endangered Species Act (ESA)
NMFS Headquarters’ Office of
Protected Resources, Permits,
Conservation, and Education Division
conducted a section 7 consultation
under the ESA with the NMFS
Headquarters’ Office of Protected
Resources, Endangered Species
Division. On November 18, 2008, NMFS
issued a Biological Opinion and
concluded that the issuance of an IHA
is likely to affect, but not likely to
jeopardize the continued existence of
Steller sea lions. NMFS has also issued
an incidental take statement (ITS) for
Steller sea lions pursuant to section 7 of
the ESA. The ITS contains reasonable
and prudent measures for implementing
terms and conditions to minimize the
effects of this take.
National Environmental Policy Act
(NEPA)
In 2007, NMFS prepared a draft
Environmental Assessment (EA) on the
issuance of an IHA to PRBO to take
marine mammals by Level B behavioral
harassment incidental to conducting
seabird research in central California.
The draft EA was released for public
review and comment along with the
application and the proposed IHA (72
FR 41294, July 27, 2007). All comments
were addressed in full in the Federal
Register Notice of Issuance of an IHA
for PRBO (72 FR 71121, December 14,
2007). At that time, NMFS determined
that conducting the seabird research
would not have a significant impact on
the quality of the human environment
Determinations
For the reasons discussed in this
document and in the identified
supporting documents, NMFS has
determined that the impact of seabird
and pinniped research operations on
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore in central California would
result in Level B behavioral harassment
only, of small numbers of California sea
lions, Pacific harbor seals, northern
elephant seals, and Steller sea lions
hauled out in the vicinity of the
research area; and would have a
negligible impact on the affected
species. The provision requiring that the
activities not have an unmitigable
adverse impact on the availability of the
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77013
affected species or stock for subsistence
uses does not apply for this proposed
action.
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 described in this document.
Authorization
NMFS has issued an IHA to PRBO,
and its designees, for the potential
harassment of small numbers of
California sea lions, harbor seals,
northern elephant seals, and Steller sea
lions incidental to conducting of seabird
and pinniped research on Southeast
Farallon Island, Ano Nuevo Island, and
Point Reyes National Seashore,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. E8–30108 Filed 12–17–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–AX32
Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to the Port of Anchorage
Marine Terminal Redevelopment
Project
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; receipt of application for
rulemaking and subsequent letter of
authorization; request for comments and
information.
SUMMARY: NMFS has received a request
from the Port of Anchorage (Port) and
the U.S. Department of Transportation
Maritime Administration (MARAD) for
authorization to take marine mammals
incidental to the Port’s Marine Terminal
Redevelopment Project (Project) for the
period of July 2009 through July 2014.
Pursuant to Marine Mammal Protection
Act (MMPA) implementing regulations,
NMFS is announcing receipt of the
Port’s request for the development and
implementation of regulations
governing the incidental taking of
marine mammals and inviting
information, suggestions, and comments
on the Port’s application and request.
E:\FR\FM\18DEN1.SGM
18DEN1
]]>Agencies
[Federal Register Volume 73, Number 244 (Thursday, December 18, 2008)]
[Notices]
[Pages 77011-77013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-30108]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XM02
Small Takes of Marine Mammals Incidental to Specified Activities;
Seabird and Pinniped Research Activities in Central California
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 an Incidental
Harassment Authorization (IHA) to PRBO Conservation Science (PRBO) to
take small numbers of marine mammals, by Level B behavioral harassment
only, incidental to conducting seabird and pinniped research in central
California.
DATES: This authorization is effective from December 12, 2008, through
December 11, 2009.
ADDRESSES: A copy of the IHA and the application are available by
writing to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
contacting one of the individuals listed here (FOR FURTHER INFORMATION
CONTACT), or online at: https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address and at the Southwest Region, NMFS, 501 West Ocean Boulevard,
Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody or Jaclyn Daly, Office
of Protected Resources, NMFS, (301) 713-2289, or Monica DeAngelis,
Southwest Regional Office, NMFS, (562) 980-4023.
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 United States 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 a negligible impact on the species or
stock(s), and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for certain 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 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 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 the authorization.
Summary of Request
On July 28, 2008, NMFS received an application from PRBO requesting
an authorization for the harassment of small numbers of California sea
lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina
richardsi), northern elephant seals (Mirounga angustirostris), and
Steller sea lions (Eumetopias jubatus) incidental to
[[Page 77012]]
conducting seabird and pinniped research operations on Southeast
Farallon Island, Ano Nuevo Island, and Point Reyes National Seashore in
central California. A detailed description of the activity is provided
in the September 29, 2008, Federal Register notice (73 FR 56556),
therefore, it is not repeated here.
Comments and Responses
A notice of receipt and request for 30-day public comment on the
application and proposed authorization was published on September 29,
2008 (73 FR 56556). During the 30-day public comment period, NMFS
received comments from the Marine Mammal Commission (Commission).
Comment: The Commission recommends that any authorization issued
specify that, if a mortality or serious injury of a marine mammal
occurs that appears to be related to the research, PRBO must suspend
research activities while NMFS determines whether steps can be taken to
avoid further injuries or mortalities or until NMFS would potentially
authorize such taking by regulations promulgated under section
101(a)(5)(A) of the MMPA.
Response:NMFS agrees with the Commission that research activities
must be suspended immediately if a dead or injured marine mammal is
found in the vicinity of the project area and the death or injury of
the animal could be attributable to the applicant's activities. This
requirement is a condition in the IHA.
Description of the Marine Mammals Potentially Affected by the Activity
The marine mammals most likely to be harassed incidental to
conducting seabird research at the proposed research areas on Southeast
Farallon Island, Ano Nuevo Island, and Point Reyes National Seashore
are primarily California sea lions, northern elephant seals, Pacific
harbor seals, and to a lesser extent Steller sea lions.
The marine mammals most likely to be harassed incidental to
conducting pinniped research conducted under NMFS Scientific Research
Permit (SRP) 373-1868-00 are harbor seals, northern elephant seals,
California sea lions, Steller sea lions and northern fur seals.
However, directed take of elephant seals, harbor seals, California sea
lions, and northern fur seals is authorized by SRP 373-1868-00.
General information of these species can be found in Caretta et al.
(2008) and is available at the following URL: https://www.nmfs.noaa.gov/
pr/pdfs/sars/po2007.pdf. Additional information on these species is
provided in the September 29, 2008, Federal Register notice (73 FR
56556). Refer to these documents for information on these species.
Potential Effects on Marine Mammals
The only anticipated impacts would be temporary disturbances caused
by the appearance of researchers near the pinnipeds. Incidental
harassment may occur as researchers approach the haul-out sites with
vessels, pedestrian approach to bird nesting sites, and during capture
and sampling activities of harbor seals and northern elephant seals.
The potential disturbance might alter pinniped behavior and may cause
animals to flush from the area. Animals may return to the same site
once researchers have left or go to an alternate haul out site, which
usually occurs within 30 minutes (Allen et al., 1985).
Long-term effects of this disturbance are unlikely, as the
activities are not conducted in breeding areas for marine mammals and
very few breeding animals will be present in the vicinity of the
proposed seabird and pinniped research areas. No research would occur
on pinniped rookeries; therefore, mother and pup separation or crushing
of pups is not a concern.
Potential Impacts on Habitat
NMFS has designated critical habitat for the Steller sea lion
around Southeast Farallon Island and Ano Nuevo Island, extending from
these two rookeries to 3,000 feet offshore. Neither the proposed
seabird research, nor the proposed pinniped research would result in
the physical altering of marine mammal habitat. The proposed action
will not impact any habitat on the islands and is not likely to result
in the destruction or adverse modification of Steller sea lion critical
habitat or to the food sources that they use. This project will have
negligible impacts to any haul-out sites, rafting sites, forage sites,
or food resources in the action area and therefore is not likely to
adversely affect designated critical habitat.
Incidental marine mammal takes will not result in the physical
altering of major breeding habitat. No survey or sampling equipment
will be left in habitat areas; no toxic chemicals will be present; and
all state and federal marine regulations, including those from National
Marine Sanctuaries, will be followed in regards to boat emissions.
Potential Impacts to Subsistence Harvest of Marine Mammals
There is no subsistence harvest of marine mammals in the proposed
research area; therefore, there will be no impact of the activity on
the availability of the species or stocks of marine mammals for
subsistence uses.
Number of Marine Mammals Expected to Be Taken
It is estimated that approximately 2,242 California sea lions, 418
harbor seals, 253 northern elephant seals, and 20 Steller sea lions
could be potentially affected by Level B behavioral harassment. This
estimate is based on previous research experiences, with the same
activities conducted in the proposed research area, and on marine
mammal research activities in these areas. These incidental harassment
take numbers represent approximately one percent of the U.S. stock of
California sea lion, 1.2 percent of the California stock of Pacific
harbor seal, less than one percent of the California breeding stock of
northern elephant seal, and 0.04 percent of the eastern U.S. stock of
Steller sea lion. All of the potential takes are expected to be Level B
behavioral harassment only. No injury or mortality to pinnipeds is
expected or requested.
Mitigation Measures
PRBO researchers would take all possible measures to reduce marine
mammal disturbance for the activities described in the Summary of
Request and in the Federal Register notice of receipt (73 FR 56556,
September 29, 2008).
To reduce the potential for disturbance from visual and acoustic
stimuli associated with seabird and pinniped research activities, PRBO
proposes to undertake the following mitigation measures: (1) abide by
the Terms and Conditions of the Biological Opinion's Incidental Take
Statement; (2) continue to abide by the Terms and Conditions of
Scientific Research Permit 373-1868-00; (3) plan to minimize the
potential for disturbance (to the lowest level practicable) near known
pinniped haul-outs by boat travel and pedestrian approach during
pinniped and seabird research operations; (4) conduct research
activities during the planned dates stated in the application; (5) to
the extent possible, be careful in the route of approach during beach
landings; (6) attempt beach landings on Ano Nuevo Island only after any
pinnipeds that might be present on the landing beach have entered the
water; (7) select a pathway of approach to research sites that
minimizes the number of marine mammals harassed, with the first
priority being avoiding the disturbance of Steller sea lions at haul
outs; (8) monitor for offshore predators and not approach hauled out
Stellar sea lions if
[[Page 77013]]
great white sharks or killer whales are seen in the area, and if
predators are seen, eastern Steller sea lions must not be disturbed
until the area is free of predators; (9) keep voices hushed and bodies
low in the visual presence of pinnipeds; (10) conduct seabird
observations at North Landing on Southeast Farallon Island within an
observation blind to remain shielded from the view of hauled out
pinnipeds; (11) crawl slowly towards seabird nesting boxes on Ano Nuevo
Island if pinnipeds are within the researchers' field of vision; (12)
coordinate visits for seabird and pinniped research to intertidal areas
of Southeast Farallon Island to reduce potential take; (13) coordinate
all research goals on Ano Nuevo Island to minimize the number of trips
to the island and coordinate monitoring schedules so that areas near
any pinnipeds would be accessed only once per visit; and (14) the lead
biologist will serve as an observer to evaluate incidental take and
halt any research activities should the potential for incidental take
become too great.
Monitoring
PRBO researchers, and their designees would: (1) record the date,
time, and location (or closest point of ingress) of each visit; (2)
record marine mammal behavior patterns observed before, during, and
after the activities; (3) record the number of Steller sea lions
present at each location; (4) if applicable, note the presence of any
offshore predators (date, time, number, species).
Reporting
PRBO, and its designees, will submit a draft final report to NMFS
within 90 days after the expiration of the IHA and will submit a final
report to NMFS within 30 days after receiving comments from NMFS on the
draft final report.
National Environmental Policy Act (NEPA)
In 2007, NMFS prepared a draft Environmental Assessment (EA) on the
issuance of an IHA to PRBO to take marine mammals by Level B behavioral
harassment incidental to conducting seabird research in central
California. The draft EA was released for public review and comment
along with the application and the proposed IHA (72 FR 41294, July 27,
2007). All comments were addressed in full in the Federal Register
Notice of Issuance of an IHA for PRBO (72 FR 71121, December 14, 2007).
At that time, NMFS determined that conducting the seabird research
would not have a significant impact on the quality of the human
environment and issued a Finding of No Significant Impact (FONSI).
For this proposed action, PRBO has requested to incidentally harass
20 Steller sea lions, (i.e., 4 more than what was analyzed in the 2007
EA, which expands the scope of the previously analyzed action) during
the conduct of pinniped and seabird research. Thus, NMFS has prepared a
supplemental EA (SEA) to address new available information regarding
the effects of PRBO's seabird and pinniped research activities that may
have cumulative impacts to the physical and biological environment.
NMFS has issued a FONSI for the SEA regarding PRBO's activities. The
analysis in the 2007 EA and 2008 SEA concluded that issuance of an IHA
would not significantly affect the quality of the human environment. In
addition, all beneficial and adverse impacts of the action have been
addressed to reach the conclusion of no significant impacts.
Accordingly, preparation of an Environmental Impact Statement for this
action is not necessary.
Endangered Species Act (ESA)
NMFS Headquarters' Office of Protected Resources, Permits,
Conservation, and Education Division conducted a section 7 consultation
under the ESA with the NMFS Headquarters' Office of Protected
Resources, Endangered Species Division. On November 18, 2008, NMFS
issued a Biological Opinion and concluded that the issuance of an IHA
is likely to affect, but not likely to jeopardize the continued
existence of Steller sea lions. NMFS has also issued an incidental take
statement (ITS) for Steller sea lions pursuant to section 7 of the ESA.
The ITS contains reasonable and prudent measures for implementing terms
and conditions to minimize the effects of this take.
Determinations
For the reasons discussed in this document and in the identified
supporting documents, NMFS has determined that the impact of seabird
and pinniped research operations on Southeast Farallon Island, Ano
Nuevo Island, and Point Reyes National Seashore in central California
would result in Level B behavioral harassment only, of small numbers of
California sea lions, Pacific harbor seals, northern elephant seals,
and Steller sea lions hauled out in the vicinity of the research area;
and would have a negligible impact on the affected species. The
provision requiring that the activities not have an unmitigable adverse
impact on the availability of the affected species or stock for
subsistence uses does not apply for this proposed action.
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 described
in this document.
Authorization
NMFS has issued an IHA to PRBO, and its designees, for the
potential harassment of small numbers of California sea lions, harbor
seals, northern elephant seals, and Steller sea lions incidental to
conducting of seabird and pinniped research on Southeast Farallon
Island, Ano Nuevo Island, and Point Reyes National Seashore, provided
the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: December 15, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-30108 Filed 12-17-08; 8:45 am]
BILLING CODE 3510-22-S
