Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 8677-8682 [2010-3893]
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
interpretation or other auxiliary aids
should be directed to Kitty M. Simonds,
(808) 522–8220 (voice) or (808) 522–
8226 (fax), at least 5 days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 22, 2010.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2010–3806 Filed 2–24–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–964, A–201–838]
Seamless Refined Copper Pipe and
Tube From the People’s Republic of
China and Mexico: Postponement of
Preliminary Determinations of
Antidumping Duty Investigations
AGENCY: Import Administration,
International Trade Administration,
Department of Commerce.
DATES: Effective Date: February 25,
2010.
FOR FURTHER INFORMATION CONTACT:
Karine Gziryan (the People’s Republic of
China) or Joy Zhang (Mexico), AD/CVD
Operations, Offices 4 and 3, Import
Administration, International Trade
Administration, U.S. Department of
Commerce, 14th Street and Constitution
Avenue, NW., Washington, DC 20230;
telephone: (202) 482–4081 or (202) 482–
1168, respectively.
SUPPLEMENTARY INFORMATION:
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BILLING CODE 3510–DS–P
On October 20, 2009, the Department
of Commerce (‘‘the Department’’)
initiated the antidumping investigations
of Seamless Refined Copper Pipe and
Tube from the People’s Republic of
China and Mexico. See Seamless
Refined Copper Pipe and Tube from the
People’s Republic of China and Mexico:
Initiation of Antidumping Duty
Investigations, 74 FR 42852 (October 27,
2009).
The notice of initiation stated that
unless postponed the Department would
issue the preliminary determinations for
these investigations no later than 140
days after the date of initiation, in
accordance with section 733(b)(1)(A) of
the Tariff Act of 1930, as amended (‘‘the
Act’’). The preliminary determinations
were originally due no later than March
9, 2010. After being tolled for seven
days, the preliminary determinations
are currently due no later than March
16:34 Feb 24, 2010
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Dated: February 18, 2010.
Ronald K. Lorentzen,
Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–3881 Filed 2–24–10; 8:45 am]
Postponement of Preliminary
Determinations
VerDate Nov<24>2008
16, 2010. See Memorandum For The
Record from Ronald Lorentzen, DAS for
Import Administration, titled ‘‘Tolling of
Administrative Deadlines As a Result of
the Government Closure During the
Recent Snowstorm,’’ dated February 12,
2010.
On February 12, 2010, Cerro Flow
Products, Inc., KobeWieland Copper
Products, LLC, Mueller Copper Tube
Products, Inc., and Mueller Copper
Tube Company, Inc. (collectively,
‘‘Petitioners’’), made a timely request
pursuant to section 733(c)(1)(A) of the
Act and 19 CFR 351.205(e) for a 50-day
postponement of the preliminary
determinations. The petitioners
requested postponement of the
preliminary determinations in order to
ensure that the Department has
adequate time to conduct a complete
and thorough investigation of
respondents in these proceedings.
Because there are no compelling
reasons to deny the request, the
Department is postponing the deadline
for the preliminary determinations
pursuant to section 733(c)(1)(A) of the
Act to May 5, 2010, the 190th day from
the date of initiation, when adjusted for
the seven days referenced above. The
deadline for the final determinations
will continue to be 75 days after the
date of the preliminary determinations,
unless postponed.
This notice is issued and published
pursuant to sections 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XT90
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 incidental
harassment authorization.
SUMMARY: In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
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Harassment Authorization (IHA) to
PRBO Conservation Science (PRBO), to
incidentally harass, by Level B
harassment only, four species of marine
mammals during the specified activity.
DATES: This authorization is effective
from February 19, 2010, through
February 18, 2011.
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. A copy of the application may be
obtained by writing to this address, by
telephoning the contact listed here (FOR
FURTHER INFORMATION CONTACT) or
online at: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody (301) 713–2289, ext. 113
or Monica DeAngelis, NMFS Southwest
Region, (562) 980–3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16
U.S.C. 1371 (a)(5)(D)) directs the
Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals of a species or stock,
for periods of not more than one year,
by United States citizens who engage in
a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses. The authorization
must set forth the permissible methods
of taking, other means of effecting the
least practicable adverse impact on the
species or stock and its habitat, and
monitoring and reporting of such
takings. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA
establishes a 45–day time limit for
NMFS’ review of an application
followed by a 30–day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
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Summary of Request
NMFS received an application on
October 13, 2009, from PRBO for the
taking by harassment, of marine
mammals incidental to conducting
seabird and pinniped research
operations in central California.
Seabird research activities involve
censusing shorebirds; conducting
observational and marking studies of
breeding seabirds and viewing breeding
seabirds from observation blinds.
Pinniped research activities involve
monitoring breeding northern elephant
seals (Mirounga angustirostris) to
determine attendance patterns;
resighting previously-tagged elephant
seals; and conducting weekly pinniped
censuses.
The action area consists of the
following four locations: Southeast
Farallon Island (SEFI), West End Island
˜
(WEI), Ano Nuevo Island (ANI), and
Point Reyes National Seashore (PRNS).
SEFI and WEI are located near the edge
of the continental shelf 28 miles (mi)
(45.1 km) west of San Francisco,
California, and are located within the
waters of the Gulf of the Farallones
National Marine Sanctuary (NMS). ANI
is located one-quarter mile (402 m)
˜
offshore of Ano Nuevo Point in San
˜
Mateo County, CA, is part of the Ano
Nuevo State Reserve, and lies within the
Monterey Bay NMS and the newly
˜
established Ano Nuevo State Marine
Conservation Area. PRNS is located 40
miles (64.3 km) north of San Francisco
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16:34 Feb 24, 2010
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Bay and lies within close proximity (6
mi, 9.6 km) of the Cordell Bank NMS.
Acoustic and visual stimuli generated
by noise generated during boat landing
operations, research activities (e.g.,
mark and recapture of seabirds,
censusing of pinnipeds) and human
presence (e.g., transiting in the vicinity
of the haul out areas, resupplying field
stations), may have the potential to
cause the pinnipeds hauled out to flush
into the surrounding water or to cause
a short-term behavioral disturbance.
These types of disturbances are the
principal means of marine mammal
taking associated with these activities
and PRBO has requested an
authorization to take 5,000 California
sea lions (Zalophus californianus); 418
Pacific harbor seals (Phoca vitulina);
253 northern elephant seals; and 20
Steller sea lions (Eumetopias jubatus)
by Level B harassment.
Summary of the Final Report for the
2008 IHA
In compliance with the 2008 IHA,
PRBO submitted a final report on the
seabird and pinniped research activities
conducted during the period of
December 12, 2007 to December 11,
2008. A summary of that report follows.
Researchers at Southeast Farallon
Island observed marine mammal takes
during year round daily observations,
bimonthly field station resupply trips,
and murre observations at North
Landing during the spring and summer.
PRBO reported three takes of Steller sea
lions, 39 takes of Pacific harbor seals, 45
takes of northern elephant seals, and
616 takes of California sea lions.
˜
Researchers at Ano Nuevo Island
observed marine mammal takes during
occasional visits for spring/summer
seabird monitoring, and one field
station resupply trip. For ANI, PRBO
reported nine takes of Pacific harbor
seals, 10 takes of Steller sea lions, 43
takes of northern elephant seals, and
430 takes of California sea lions.
PRBO did not conduct seabird
research on PRNS during December 12,
2007 to December 11, 2008. Thus, they
reported no data for this site.
In summary, the total number of
potentially harassed marine mammals
for all seabird and pinniped research
activities were below the take limits as
authorized in 2008 IHA. No dead or
injured marine mammals were reported
for any of the events. Accordingly, these
monitoring results support NMFS’
initial findings that PRBO’s seabird and
pinniped research activities will result
in no more than Level B harassment of
small numbers of marine mammals and
that the effects will be limited to shortterm behavioral changes.
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Description of the Specified Activity
PRBO will conduct seabird and
pinniped research activities on SEFI,
WEI, ANI, and PRNS between February
19, 2010 and February 18, 2011. NMFS
has provided a detailed overview of the
activity in the notice of the proposed
IHA (74 FR 61109, November 23, 2009).
No changes have been made to the
proposed activities.
Seabird Research
Southeast Farallon Island (SEFI):
PRBO researchers will census, observe,
and conduct marking studies of SEFI’s
seabird community year-round
(approximately 1,080 visits annually).
These activities will involve one or two
researchers transiting to one of the
island’s two landings using a 14 to 18
feet (ft) (4.3 to 5.5 meters (m)) open
motorboat. The researchers will hoist
the motorboat onto the island using a
derrick system. During the study, the
researchers plan to visit the observation
sites approximately one to three times
per day for 15–minute (min) periods.
From early April through early August,
the observers will extend the duration of
the work period from 15 min to two- to
five-hour (hr) periods. Most intertidal
areas of SEFI, where marine mammals
are present, are rarely visited during the
conduct off seabird research. In both
locations (the North Landing and East
Landing) the observers are located
greater than 50 ft (15.2 m) above any
pinnipeds which may be hauled out.
˜
Ano Nuevo Island (ANI): PRBO
researchers will monitor seabird burrow
nesting habitat quality and habitat
restoration efforts year-round
(approximately 30 visits annually). This
activity involves two to three
researchers accessing the island by a
12–ft (3.7 m) Zodiac boat. During the
study, the researchers plan to monitor
the seabirds (April through August);
conduct restoration and monitoring
activities (September through
November); and carry out intermittent
visits throughout the rest of the year.
During the study, the researchers plan to
visit the nesting boxes approximately
once a week for 15 min. The landing
area and the nesting boxes are located
more than 50 ft (15.2 m) away from any
pinniped haul out area.
Point Reyes National Seashore
(PRNS): PRBO researchers will monitor
seabird breeding and roosting colonies;
conduct habitat restoration; remove
non-native plants, monitor the intertidal
areas, and maintain coastal dune habitat
year round (approximately 18 visits
annually). Seabird monitoring involves
one or two researchers surveying the
colonies using small boats (12 to 22 ft)
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along the PRNS shoreline. A majority of
the research occurs in areas where
pinnipeds are not present.
Pinniped Research
West End Island (WEI): PRBO
researchers in collaboration with the
National Park Service conduct marine
mammal research under NMFS
Scientific Permit 373–1868. PRBO
intends to survey breeding elephant
seals on WEI between early December
and late February. PRBO conducts
approximately five surveys per year,
each lasting approximately two hours.
These surveys involve three observers
moving approximately 1,500 ft (457.2
m) above pinniped colonies to census
northern elephant seal areas. The
researchers will transit adjacent to a
Steller sea lion haulout area to reach the
northern elephant seal colony and their
journey will last approximately 30 min
in duration.
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Field Station Resupply on SEFI
PRBO will resupply the field station
once every two weeks for a maximum of
26 visits per year. These visits to either
the North Landing or East Landing will
last one to three hours and involve
launching of the boat with one operator
along with two to four researchers
assisting with the operations from land.
At East Landing the primary landing site
all personnel assisting with the landing
will stay on the loading platform 30 ft
(9.1 m) above the water. At North
Landing, loading operations would
occur at the water level in the intertidal
areas.
NMFS expects that acoustic and
visual stimuli resulting from these
activities (resupply activities, boat
approaches and departures, operation of
the derrick system, and human
presence) have the potential to disturb
pinnipeds hauled out on SEFI, WEI,
ANI, and PRNS.
Comments and Responses
NMFS published a notice of receipt of
the PRBO application and proposed IHA
in the Federal Register on November 23,
2009 (74 FR 61109). During the 30–day
comment period, NMFS received a letter
from the Marine Mammal Commission
(Commission) which recommended that
NMFS issue the requested
authorization, provided that the
required mitigation measures and
monitoring are carried out (e.g.,
researchers speaking in hushed voices,
use of observation blinds, postponing
landing boats after pinnipeds have
entered the water, and coordinating
visits to the island) as described in
NMFS’ November 23, 2009 (74 FR
61109), notice of the proposed IHA and
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16:34 Feb 24, 2010
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the application. All measures proposed
in the initial Federal Register notice are
included in the authorization and
NMFS has determined that they will
effect the least practicable impact on the
species or stocks and their habitats.
Comment 1: The Commission further
recommended that any IHA issued to
PRBO for seabird and pinniped research
activities specify that, if a death or
serious injury of a marine mammal
occurs that appears to be related to the
research activities be suspended while
the Service determines whether steps
can be taken to avoid further injuries or
deaths or until such taking has been
authorized by regulations promulgated
under section 101(a)(5)(A) of the
MMPA.
Response: NMFS concurs with the
Commission’s recommendation and has
included a requirement to this effect in
the IHA. NMFS authorizes the applicant
to take marine mammals by Level B
harassment only.
Marine Mammals Affected by the
Activity
The marine mammal species most
likely to be harassed incidental to
seabird and pinniped research activities
are the California sea lion, Pacific
harbor seal, the eastern Distinct
Population Segment (DPS) of Steller sea
lion, and the northern elephant seal on
SEFI, WEI, ANI, and PRNS.
California sea lions, Pacific harbor
seals, and northern elephant seals are
not listed as threatened or endangered
under the ESA, nor are they categorized
as depleted under the MMPA. The
eastern DPS of the Steller sea lion is
listed as threatened under the ESA and
is categorized as depleted under the
MMPA. NMFS’ discussion of these
species is included in the notice of the
proposed IHA (74 FR 61109, November
23, 2009). Refer to Caretta et al. (2008)
and Angliss and Allen (2009) for
information on these species at the
following URLs: https://
www.nmfs.noaa.gov/pr/pdfs/sars/
po2008.pdf and https://
www.nmfs.noaa.gov/pr/pdfs/sars/
ak2008.pdf.
Potential Effects of the Activities on
Marine Mammals
Level B harassment of pinnipeds has
the potential to occur during approach
to landing sites on SEFI, WEI, ANI, or
PRNS due to acoustic and visual stimuli
caused by the motorboat and the use of
the derrick system. It is likely that the
initial motorboat approach to the shore
would cause a subset, or all of the
marine mammals hauled out to depart
the beach and flush into the water. The
pinnipeds’ movement into the water is
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expected to be gradual due to the
required, controlled boat approaches
(see Mitigation) as well as behavioral
habituation on the part of the animals to
repeated boat trips throughout the day.
During the sessions of boat activity,
some animals may be temporarily
displaced from the landing areas and
either raft in the water or relocate to
other haul outs.
Level B harassment also has the
potential to occur as a result of acoustic
and visual stimuli related to human
presence. The only anticipated impacts
would be temporary disturbances
caused by the appearance of researchers
near the pinnipeds. The potential
disturbance might alter pinniped
behavior and 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 min (Allen et
al., 1985). Long term effects of this
disturbance are unlikely, as very few
breeding animals will be present in the
vicinity of the proposed seabird
research areas.
It is expected that any incidental
disturbance to pinnipeds from seabird
and pinniped research would have
minimal, short-term effects and no longterm effects on the individuals.
Incidental disturbance is believed to
have minimal impacts because
pinnipeds usually return to a site or a
nearby site within 30 min upon
conclusion of research activities (Allen
et al., 1985). Numerous IHAs and
Letters of Authorizations issued under
the MMPA, Incidental Take Statements
issued under Section 10(a)(1)(b) of the
ESA (e.g. 72 FR 124, January 3, 2007),
and reports on more localized areas
(e.g., Demarchi and Bentley, 2004) have
analyzed the potential effects of
incidental disturbance to pinnipeds
from various sources. Based on these
reports, the effects to pinnipeds appear,
at the most, to displace the animals
temporarily from their haul out sites.
Based on previous monitoring reports
from PRBO, maximum disturbance to
Steller sea lions would result in the
animals flushing into the water in
response to presence of the researchers.
It is not expected that pinnipeds would
permanently abandon a haul-out site
during PRBO’s research, as precautions
would be taken to not disturb the same
haul-out site on frequent occasions.
No research would occur on pinniped
rookeries; therefore, the potential for
mother and pup separation or crushing
of pups is negligible. In PRBO’s final
report of activities conducted between
December 12, 2007 to December 11,
2008 for the 2008 IHA, they reported
disturbing three Steller sea lions on
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SEFI and 10 Steller sea lions on ANI
during all surveys.
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Possible Effects of Activities on Marine
Mammal Habitat
PRBO’s seabird and pinniped research
activities will not significantly affect the
geology or the marine environment in
and around SEFI, WEI, ANI, and PRNS.
No impacts to marine mammal habitats
used by northern elephant seals, Pacific
harbor seals, northern elephant seals, or
Steller sea lions that may haul-out on
SEFI, WEI, ANI, and PRNS are
anticipated.
Mitigation and Monitoring
In order to issue an incidental take
authorization (ITA) under Section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses. To reduce the
potential for disturbance from visual
and acoustic stimuli associated with the
activities, PRBO and/or its designees
will undertake the following marine
mammal mitigation measures and
monitoring protocols:
(1) Abide by all of the Terms and
Conditions listed in the Incidental Take
Statement for NMFS’ 2008 Biological
Opinion.
(2) Abide by the Terms and
Conditions of Scientific Research Permit
373–1868.
(3) 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) Postpone beach landings on Ano
Nuevo Island only after any pinnipeds
that might be present on the beach have
entered the water.
(5) 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 haulouts.
(6) Monitor for offshore predators and
not approach hauled out Steller sea
lions if great white sharks (Carcharodon
carcharias) or killer whales (Orcinas
orca) are seen in the area. If predators
are seen, eastern DPS Steller sea lions
must not be disturbed until the area is
free of predators.
(7) Keep voices hushed and bodies
low in the visual presence of pinnipeds.
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16:34 Feb 24, 2010
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(8) Conduct seabird observations at
North Landing on Southeast Farallon
Island in an observation blind, shielded
from the view of hauled out pinnipeds.
(9) Crawl slowly to access seabird nest
˜
boxes on Ano Nuevo Island if pinnipeds
are within view.
(10) Coordinate research visits to
intertidal areas of Southeast Farallon
Island (to reduce potential take) and to
˜
coordinate research goals for Ano Nuevo
Island to minimize the number of trips
˜
to the island. Once on Ano Nuevo
Island, researchers would coordinate
monitoring schedules so that areas near
any pinnipeds would be accessed only
once per visit.
(11) Coordinate monitoring schedules
˜
on Ano Nuevo Island, so that areas near
any pinnipeds would be accessed only
once per visit.
(12) Have the lead biologist serve as
an observer to evaluate incidental take
and halt any research activities should
the potential for incidental take be too
great.
(13) Take notes of pinnipeds observed
within the research area. The notes
would provide dates, location, species,
the researcher’s activity, behavioral
state, numbers of pinnipeds that moved
greater than one meter, and numbers of
pinnipeds that flushed into the water.
NMFS conducted a formal section 7
consultation under the Endangered
Species Act (ESA; 16 U.S.C. 1531 et
seq.) in 2008. After issuance of the
proposed 2010 IHA, NMFS reviewed the
Terms and Conditions of the 2008
Biological Opinion (BiOp) which
directed the PRBO researchers to
monitor the offshore environment for
predators such as great white sharks or
killer whales before approaching hauled
out Steller sea lions. If predators were
seen, the researchers would halt
operations until the area was deemed
free of predators. NMFS deemed this
mitigation measure appropriate for
ensuring Steller sea lion safety in the
study area and adopted this requirement
into the 2010 IHA.
NMFS has carefully evaluated the
applicant’s proposed mitigation
measures and considered a range of
other measures in the context of
ensuring that NMFS prescribes the
means of effecting the least practicable
adverse impact on the affected marine
mammal species and stocks and their
habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
˜
Another: (1) the manner in which, and
the degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals; (2) the proven or
likely efficacy of the specific measure to
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minimize adverse impacts as planned;
and (3) the practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS
or recommended by the public, NMFS
has determined that the required
mitigation measures provide the means
of effecting the least practicable adverse
impacts on marine mammals species or
stocks and their habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance.
Reporting
In order to issue an ITA for an
activity, Section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking.’’ The MMPA implementing
regulations at 50 CFR 216.104 (a)(13)
indicate that requests for IHAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the action
area.
Draft Report: PRBO will submit a
draft final report to the Assistant
Regional Administrator (ARA) for
Protected Resources, Southwest Region,
NMFS, 501 West Ocean Blvd., Suite
4200, Long Beach, CA 90802–4213 and
to the Chief, Permits, Conservation, and
Education Division, Office of Protected
Resources, NMFS, 1315 East West
Highway, SSMC3 13822, Silver Spring,
MD 20910 within 90 days after the
expiration of the IHA. This report must
contain the following information:
dates, location, species, the researcher’s
activity, behavioral state, numbers of
pinnipeds that moved greater than one
meter, and numbers of pinnipeds that
flushed into the water, along with an
executive summary. If NMFS decides
that the draft final report needs no
comments, the draft final report will be
considered to be the final report.
Final Report: PRBO will submit a
final report to the ARA for Protected
Resources, Southwest Region and to the
Chief, Permits, Conservation, and
Education Division, Office of Protected
Resources, NMFS, within 30 days after
receiving comments from NMFS on the
draft final report.
In the unanticipated event that any
cases of pinniped injury or mortality are
judged to result from these activities,
(which is highly unlikely), PRBO and/
or its designees will immediately cease
operations and report the incident,
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
within 48 hours, to the Southwest
Region, Assistant Regional
Administrator (ARA) for Protected
Resources, Southwest Region, NMFS,
501 West Ocean Blvd., Suite 4200, Long
Beach, CA 90802–4213; phone (562)
980–4020; fax (562) 980–4027; and to
the Chief, Permits, Conservation, and
Education Division, Office of Protected
Resources, National Marine Fisheries
Service (NMFS), phone (301) 713–2289.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
jlentini on DSKJ8SOYB1PROD with NOTICES
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is
anticipated and authorized as a result of
the seabird and pinniped research
activities. Acoustic and visual stimuli
generated by boat landings/departures,
the operation of the derrick system, and
noise generated during research
activities and maintenance activities
have the potential to cause the
pinnipeds hauled out on SEFI, WEI,
ANI, and PRNS to flush into the
surrounding water or to cause a shortterm behavioral disturbance. There is no
evidence that the planned activities
could result in injury or mortality. The
required mitigation and monitoring
measures will minimize any potential
risk for injury or mortality.
NMFS estimates that a maximum of
5,000 California sea lions, 418 Pacific
harbor seals, 253 northern elephant
seals, and 20 Steller sea lions could be
potentially affected by Level B
harassment over the course of the IHA.
This estimate is based on PRBO’s
previous research experiences
conducted in the proposed research area
and on marine mammal research
activities in these areas. All of the
potential takes are expected to be Level
B behavioral harassment only. Because
of the mitigation measures that will be
required and the likelihood that some
pinnipeds will avoid the area, injury or
mortality to pinnipeds is neither
expected nor requested.
Negligible Impact and Small Numbers
Analysis and Determination
NMFS has defined’’ negligible impact’’
in 50 CFR 216.103 as ’’...an impact
resulting from the specified altivity that
cannot be reasonably expected to, and is
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16:34 Feb 24, 2010
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not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.’’
In making a negligible impact
determination, NMFS considers: (1) the
number of anticipated mortalities; (2)
the number and nature of anticipated
injuries; (3) the number, nature, and
intensity, and duration of Level B
harassment; and (4) the context in
which the takes occur.
As mentioned previously, NMFS
estimates that a maximum of 5,000
California sea lions, 418 Pacific harbor
seals, 253 northern elephant seals, and
20 Steller sea lions could be potentially
affected by Level B harassment over the
course of the IHA. 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 DPS of Steller sea lion. For each
species, these numbers are small
relative to the population size.
No injuries or mortalities are
anticipated to occur as a result of the
PRBO’s planned seabird and pinniped
research activities, and none are
authorized. Takes will be limited to
Level B behavioral harassment over the
course of the IHA.
Only short-term behavioral
disturbance is anticipated to occur due
to the brief and sporadic duration of the
research activities. No mortality or
injury is expected to occur, and due to
the nature, degree, and context of
behavioral harassment anticipated, the
activity is not expected to impact rates
of recruitment or survival.
NMFS has determined, provided that
the aforementioned mitigation and
monitoring measures are implemented,
that the impact of conducting seabird
and pinniped research on SEFI, WEI,
ANI, and PRNS may result, at worst, in
a temporary modification in behavior
and/or low-level physiological effects
(Level B harassment) of small numbers
of certain species of marine mammals.
While behavioral modifications,
including temporarily vacating the area
during the seabird and pinniped
research activities, may be made by
these species to avoid the resultant boat
landing/takeoff and visual disturbance
from human presence, the availability of
alternate areas within these areas and
haulout sites, and the short and
sporadic duration of the research
activities, have led NMFS to determine
that this action will have a negligible
impact on California sea lions, Pacific
harbor seals, northern elephant seals,
and Steller sea lions.
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8681
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that the PRBO’s planned
seabird and pinniped research activities,
will result in the incidental take of
small numbers of marine mammals, by
Level B harassment only, and that the
total taking from seabird and pinniped
research activities will have a negligible
impact on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act
The Steller sea lion, eastern DPS is
listed as threatened under the ESA and
occurs in the research area. NMFS
Headquarters’ Office of Protected
Resources, Permits, Conservation, and
Education Division conducted a formal
section 7 consultation under the ESA.
On November 18, 2008, NMFS issued a
Biological Opinion (2008 BiOp) 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. NMFS has reviewed
the 2008 BiOp and determined that
there is no new information regarding
effects to Stellar sea lions; the action has
not been modified in a manner which
would cause adverse effects not
previously evaluated; there has been no
new listing of species or designation of
critical habitat that could be affected by
the action; and, the action will not
exceed the extent or amount of
incidental take authorized in the 2008
BiOp. Therefore, the proposed IHA does
not require the reinitiation of Section 7
consultation under the ESA.
National Environmental Policy Act
(NEPA)
To meet NMFS’ NEPA requirements
for the issuance of an IHA to PRBO,
NMFS prepared an Environmental
Assessment (EA) in 2007 that was
specific to seabird and pinniped
research activities on SEFI, WEI, ANI,
and PRNS and evaluated the impacts on
the human environment of NMFS’
authorization of incidental Level B
harassment resulting from seabird
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Federal Register / Vol. 75, No. 37 / Thursday, February 25, 2010 / Notices
research in Central California. 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) and, therefore, it was not
necessary to prepare an environmental
impact statement for the issuance of an
IHA to PRBO for this activity. In 2008,
NMFS prepared a supplemental EA
(SEA) titled ‘‘Supplemental
Environmental Assessment For The
Issuance Of An Incidental Harassment
Authorization To Take Marine
Mammals By Harassment Incidental To
Conducting Seabird And Pinniped
Research In Central California And
Environmental Assessment For The
Continuation Of Scientific Research On
Pinnipeds In California Under Scientific
Research Permit 373–1868–00,’’ 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. At
that time, NMFS concluded that
issuance of an IHA for the December
2008 through 2009 season would not
significantly affect the quality of the
human environment and issued a
FONSI for the 2008 SEA regarding
PRBO’s activities. In conjunction with
this year’s application, NMFS has again
reviewed the 2007 EA and the 2008 SEA
and determined that there are no new
direct, indirect or cumulative impacts to
the human and natural environment
associated with the IHA requiring
evaluation in a supplemental EA and
NMFS, therefore, reaffirms the 2008
FONSI. A copy of the EA, SEA, and the
NMFS FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
jlentini on DSKJ8SOYB1PROD with NOTICES
As a result of these determinations,
NMFS has issued an IHA to PRBO to
conduct seabird and pinniped research
on Southeast Farallon Island, West End
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
California from February 19, 2010
through February 18, 2011, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: February 19, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–3893 Filed 2–24–10; 8:45 am]
BILLING CODE 3510–22–S
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COMMODITY FUTURES TRADING
COMMISSION
Sunshine Act Meetings
AGENCY HOLDING THE MEETING:
Commodity Futures Trading
Commission (Commission).
DATE AND TIME: Thursday, March 25,
2010, commencing at 9 a.m. and ending
at 3 p.m.
PLACE: Three Lafayette Center, 1155 21st
St., NW., Washington, DC, Lobby Level
Hearing Room (Room 1000).
STATUS: Open.
MATTERS TO BE CONSIDERED: Public
meeting to examine the trading of
futures and options in the precious and
base metals markets, and to consider
Federal position limits in the precious
and base metals markets and related
hedge exemptions on regulated futures
exchanges, derivatives transaction
execution facilities and electronic
trading facilities.
CONTACT PERSONS AND ADDRESSES:
Written materials should be mailed to
the Commodity Futures Trading
Commission, Three Lafayette Center,
1155 21st Street, NW., Washington, DC,
20581, attention Office of the
Secretariat; transmitted by facsimile at
202–418–5521; or transmitted
electronically to
metalshearing@cftc.gov.
Reference should be made to ‘‘metals
position limits.’’ For questions, please
contact Sauntia Warfield, 202–418–
5084.
SUPPLEMENTARY INFORMATION: The
Commission is undertaking a review of
issues related to the trading of futures
and options in the precious and base
metals markets, and to consider Federal
position limits in the precious and base
metals markets and related hedge
exemptions on regulated futures
exchanges, derivatives transaction
execution facilities and electronic
trading facilities. In furtherance of that
review, the Commission hereby
announces that it will hold a public
meeting on Thursday, March 25, 2010
from 9 a.m. to 3 p.m. at the Commission
headquarters in Washington, DC. At this
meeting the Commission will have oral
presentations by panels of experts
representing all segments of futures
market participants and experts.
This meeting will generally focus on
precious and base metals markets
issues, including: the application of
speculative position limits to address
the burdens of excessive speculation in
the precious and base metals markets;
how such limits should be structured;
how such limits should be set; the
aggregation of positions across different
PO 00000
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Fmt 4703
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markets; and the types of exemptions, if
any, that should be permitted. The focus
will be on gold, silver and copper
markets.
A transcript of the meeting will be
made and entered into the
Commission’s public comment files,
which will remain open for the receipt
of written comments until April 30,
2010.
Advanced Registration Requested:
Advanced registration for attending the
metals meeting is requested. Please
transmit full name and organization
represented to
metalsmeetingregistration@cftc.gov, no
later than March 18, 2010. Upon arrival
on March 25, 2010, all attendees will be
required to show valid, governmentissued identification before being
granted admittance. Unregistered
attendees arriving on the day of the
meeting will be seated on a space
available basis. Overflow seating will be
available for additional public viewing
via live videocast. Registrants will be
notified if attendance capacity has been
met.
Issued in Washington, DC, on February 22,
2010 by the Commission.
David Stawick,
Secretary of the Commission.
[FR Doc. 2010–3968 Filed 2–23–10; 11:15 am]
BILLING CODE 6351–01–P
DEPARTMENT OF DEFENSE
Office of the Secretary
[Docket ID: DOD–2010–OS–0019]
U.S. Court of Appeals for the Armed
Forces Proposed Rules Changes
ACTION: Notice of proposed changes to
the Rules of Practice and Procedure of
the United States Court of Appeals for
the Armed Forces.
SUMMARY: This notice announces the
following proposed changes to Rules
21(b) and 21(b)(5)(G), and proposed new
Rule 21A of the Rules of Practice and
Procedure, United States Court of
Appeals for the Armed Forces for public
notice and comment.
DATES: Comments on the proposed
changes must be received within 30
days of the date of this notice.
ADDRESSES: Comments may be
submitted, identified by docket number
and title, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Mail: Federal Docket Management
System Office, 1160 Defense Pentagon,
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8677-8682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3893]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XT90
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 incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
PRBO Conservation Science (PRBO), to incidentally harass, by Level B
harassment only, four species of marine mammals during the specified
activity.
DATES: This authorization is effective from February 19, 2010, through
February 18, 2011.
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. A copy of the
application may be obtained by writing to this address, by telephoning
the contact listed here (FOR FURTHER INFORMATION CONTACT) or online at:
https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody (301) 713-2289, ext. 113
or Monica DeAngelis, NMFS Southwest Region, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs
the Secretary of Commerce to authorize, upon request, the incidental,
but not intentional, taking of small numbers of marine mammals of a
species or stock, for periods of not more than one year, by United
States citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and, if the taking is limited to harassment, a notice
of a proposed authorization is provided to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses. The authorization must set forth the
permissible methods of taking, other means of effecting the least
practicable adverse impact on the species or stock and its habitat, and
monitoring and reporting of such takings. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival.''
[[Page 8678]]
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS' review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application on October 13, 2009, from PRBO for the
taking by harassment, of marine mammals incidental to conducting
seabird and pinniped research operations in central California.
Seabird research activities involve censusing shorebirds;
conducting observational and marking studies of breeding seabirds and
viewing breeding seabirds from observation blinds. Pinniped research
activities involve monitoring breeding northern elephant seals
(Mirounga angustirostris) to determine attendance patterns; resighting
previously-tagged elephant seals; and conducting weekly pinniped
censuses.
The action area consists of the following four locations: Southeast
Farallon Island (SEFI), West End Island (WEI), Año Nuevo Island
(ANI), and Point Reyes National Seashore (PRNS). SEFI and WEI are
located near the edge of the continental shelf 28 miles (mi) (45.1 km)
west of San Francisco, California, and are located within the waters of
the Gulf of the Farallones National Marine Sanctuary (NMS). ANI is
located one-quarter mile (402 m) offshore of Año Nuevo Point in
San Mateo County, CA, is part of the Año Nuevo State Reserve,
and lies within the Monterey Bay NMS and the newly established
Año Nuevo State Marine Conservation Area. PRNS is located 40
miles (64.3 km) north of San Francisco Bay and lies within close
proximity (6 mi, 9.6 km) of the Cordell Bank NMS.
Acoustic and visual stimuli generated by noise generated during
boat landing operations, research activities (e.g., mark and recapture
of seabirds, censusing of pinnipeds) and human presence (e.g.,
transiting in the vicinity of the haul out areas, resupplying field
stations), may have the potential to cause the pinnipeds hauled out to
flush into the surrounding water or to cause a short-term behavioral
disturbance. These types of disturbances are the principal means of
marine mammal taking associated with these activities and PRBO has
requested an authorization to take 5,000 California sea lions (Zalophus
californianus); 418 Pacific harbor seals (Phoca vitulina); 253 northern
elephant seals; and 20 Steller sea lions (Eumetopias jubatus) by Level
B harassment.
Summary of the Final Report for the 2008 IHA
In compliance with the 2008 IHA, PRBO submitted a final report on
the seabird and pinniped research activities conducted during the
period of December 12, 2007 to December 11, 2008. A summary of that
report follows.
Researchers at Southeast Farallon Island observed marine mammal
takes during year round daily observations, bimonthly field station
resupply trips, and murre observations at North Landing during the
spring and summer. PRBO reported three takes of Steller sea lions, 39
takes of Pacific harbor seals, 45 takes of northern elephant seals, and
616 takes of California sea lions.
Researchers at Año Nuevo Island observed marine mammal takes
during occasional visits for spring/summer seabird monitoring, and one
field station resupply trip. For ANI, PRBO reported nine takes of
Pacific harbor seals, 10 takes of Steller sea lions, 43 takes of
northern elephant seals, and 430 takes of California sea lions.
PRBO did not conduct seabird research on PRNS during December 12,
2007 to December 11, 2008. Thus, they reported no data for this site.
In summary, the total number of potentially harassed marine mammals
for all seabird and pinniped research activities were below the take
limits as authorized in 2008 IHA. No dead or injured marine mammals
were reported for any of the events. Accordingly, these monitoring
results support NMFS' initial findings that PRBO's seabird and pinniped
research activities will result in no more than Level B harassment of
small numbers of marine mammals and that the effects will be limited to
short-term behavioral changes.
Description of the Specified Activity
PRBO will conduct seabird and pinniped research activities on SEFI,
WEI, ANI, and PRNS between February 19, 2010 and February 18, 2011.
NMFS has provided a detailed overview of the activity in the notice of
the proposed IHA (74 FR 61109, November 23, 2009). No changes have been
made to the proposed activities.
Seabird Research
Southeast Farallon Island (SEFI): PRBO researchers will census,
observe, and conduct marking studies of SEFI's seabird community year-
round (approximately 1,080 visits annually). These activities will
involve one or two researchers transiting to one of the island's two
landings using a 14 to 18 feet (ft) (4.3 to 5.5 meters (m)) open
motorboat. The researchers will hoist the motorboat onto the island
using a derrick system. During the study, the researchers plan to visit
the observation sites approximately one to three times per day for 15-
minute (min) periods. From early April through early August, the
observers will extend the duration of the work period from 15 min to
two- to five-hour (hr) periods. Most intertidal areas of SEFI, where
marine mammals are present, are rarely visited during the conduct off
seabird research. In both locations (the North Landing and East
Landing) the observers are located greater than 50 ft (15.2 m) above
any pinnipeds which may be hauled out.
Año Nuevo Island (ANI): PRBO researchers will monitor
seabird burrow nesting habitat quality and habitat restoration efforts
year-round (approximately 30 visits annually). This activity involves
two to three researchers accessing the island by a 12-ft (3.7 m) Zodiac
boat. During the study, the researchers plan to monitor the seabirds
(April through August); conduct restoration and monitoring activities
(September through November); and carry out intermittent visits
throughout the rest of the year. During the study, the researchers plan
to visit the nesting boxes approximately once a week for 15 min. The
landing area and the nesting boxes are located more than 50 ft (15.2 m)
away from any pinniped haul out area.
Point Reyes National Seashore (PRNS): PRBO researchers will monitor
seabird breeding and roosting colonies; conduct habitat restoration;
remove non-native plants, monitor the intertidal areas, and maintain
coastal dune habitat year round (approximately 18 visits annually).
Seabird monitoring involves one or two researchers surveying the
colonies using small boats (12 to 22 ft)
[[Page 8679]]
along the PRNS shoreline. A majority of the research occurs in areas
where pinnipeds are not present.
Pinniped Research
West End Island (WEI): PRBO researchers in collaboration with the
National Park Service conduct marine mammal research under NMFS
Scientific Permit 373-1868. PRBO intends to survey breeding elephant
seals on WEI between early December and late February. PRBO conducts
approximately five surveys per year, each lasting approximately two
hours. These surveys involve three observers moving approximately 1,500
ft (457.2 m) above pinniped colonies to census northern elephant seal
areas. The researchers will transit adjacent to a Steller sea lion
haulout area to reach the northern elephant seal colony and their
journey will last approximately 30 min in duration.
Field Station Resupply on SEFI
PRBO will resupply the field station once every two weeks for a
maximum of 26 visits per year. These visits to either the North Landing
or East Landing will last one to three hours and involve launching of
the boat with one operator along with two to four researchers assisting
with the operations from land. At East Landing the primary landing site
all personnel assisting with the landing will stay on the loading
platform 30 ft (9.1 m) above the water. At North Landing, loading
operations would occur at the water level in the intertidal areas.
NMFS expects that acoustic and visual stimuli resulting from these
activities (resupply activities, boat approaches and departures,
operation of the derrick system, and human presence) have the potential
to disturb pinnipeds hauled out on SEFI, WEI, ANI, and PRNS.
Comments and Responses
NMFS published a notice of receipt of the PRBO application and
proposed IHA in the Federal Register on November 23, 2009 (74 FR
61109). During the 30-day comment period, NMFS received a letter from
the Marine Mammal Commission (Commission) which recommended that NMFS
issue the requested authorization, provided that the required
mitigation measures and monitoring are carried out (e.g., researchers
speaking in hushed voices, use of observation blinds, postponing
landing boats after pinnipeds have entered the water, and coordinating
visits to the island) as described in NMFS' November 23, 2009 (74 FR
61109), notice of the proposed IHA and the application. All measures
proposed in the initial Federal Register notice are included in the
authorization and NMFS has determined that they will effect the least
practicable impact on the species or stocks and their habitats.
Comment 1: The Commission further recommended that any IHA issued
to PRBO for seabird and pinniped research activities specify that, if a
death or serious injury of a marine mammal occurs that appears to be
related to the research activities be suspended while the Service
determines whether steps can be taken to avoid further injuries or
deaths or until such taking has been authorized by regulations
promulgated under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendation and has
included a requirement to this effect in the IHA. NMFS authorizes the
applicant to take marine mammals by Level B harassment only.
Marine Mammals Affected by the Activity
The marine mammal species most likely to be harassed incidental to
seabird and pinniped research activities are the California sea lion,
Pacific harbor seal, the eastern Distinct Population Segment (DPS) of
Steller sea lion, and the northern elephant seal on SEFI, WEI, ANI, and
PRNS.
California sea lions, Pacific harbor seals, and northern elephant
seals are not listed as threatened or endangered under the ESA, nor are
they categorized as depleted under the MMPA. The eastern DPS of the
Steller sea lion is listed as threatened under the ESA and is
categorized as depleted under the MMPA. NMFS' discussion of these
species is included in the notice of the proposed IHA (74 FR 61109,
November 23, 2009). Refer to Caretta et al. (2008) and Angliss and
Allen (2009) for information on these species at the following URLs:
https://www.nmfs.noaa.gov/pr/pdfs/sars/po2008.pdf and https://www.nmfs.noaa.gov/pr/pdfs/sars/ak2008.pdf.
Potential Effects of the Activities on Marine Mammals
Level B harassment of pinnipeds has the potential to occur during
approach to landing sites on SEFI, WEI, ANI, or PRNS due to acoustic
and visual stimuli caused by the motorboat and the use of the derrick
system. It is likely that the initial motorboat approach to the shore
would cause a subset, or all of the marine mammals hauled out to depart
the beach and flush into the water. The pinnipeds' movement into the
water is expected to be gradual due to the required, controlled boat
approaches (see Mitigation) as well as behavioral habituation on the
part of the animals to repeated boat trips throughout the day. During
the sessions of boat activity, some animals may be temporarily
displaced from the landing areas and either raft in the water or
relocate to other haul outs.
Level B harassment also has the potential to occur as a result of
acoustic and visual stimuli related to human presence. The only
anticipated impacts would be temporary disturbances caused by the
appearance of researchers near the pinnipeds. The potential disturbance
might alter pinniped behavior and 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 min (Allen
et al., 1985). Long term effects of this disturbance are unlikely, as
very few breeding animals will be present in the vicinity of the
proposed seabird research areas.
It is expected that any incidental disturbance to pinnipeds from
seabird and pinniped research would have minimal, short-term effects
and no long-term effects on the individuals. Incidental disturbance is
believed to have minimal impacts because pinnipeds usually return to a
site or a nearby site within 30 min upon conclusion of research
activities (Allen et al., 1985). Numerous IHAs and Letters of
Authorizations issued under the MMPA, Incidental Take Statements issued
under Section 10(a)(1)(b) of the ESA (e.g. 72 FR 124, January 3, 2007),
and reports on more localized areas (e.g., Demarchi and Bentley, 2004)
have analyzed the potential effects of incidental disturbance to
pinnipeds from various sources. Based on these reports, the effects to
pinnipeds appear, at the most, to displace the animals temporarily from
their haul out sites. Based on previous monitoring reports from PRBO,
maximum disturbance to Steller sea lions would result in the animals
flushing into the water in response to presence of the researchers. It
is not expected that pinnipeds would permanently abandon a haul-out
site during PRBO's research, as precautions would be taken to not
disturb the same haul-out site on frequent occasions.
No research would occur on pinniped rookeries; therefore, the
potential for mother and pup separation or crushing of pups is
negligible. In PRBO's final report of activities conducted between
December 12, 2007 to December 11, 2008 for the 2008 IHA, they reported
disturbing three Steller sea lions on
[[Page 8680]]
SEFI and 10 Steller sea lions on ANI during all surveys.
Possible Effects of Activities on Marine Mammal Habitat
PRBO's seabird and pinniped research activities will not
significantly affect the geology or the marine environment in and
around SEFI, WEI, ANI, and PRNS. No impacts to marine mammal habitats
used by northern elephant seals, Pacific harbor seals, northern
elephant seals, or Steller sea lions that may haul-out on SEFI, WEI,
ANI, and PRNS are anticipated.
Mitigation and Monitoring
In order to issue an incidental take authorization (ITA) under
Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
such species or stock for taking for certain subsistence uses. To
reduce the potential for disturbance from visual and acoustic stimuli
associated with the activities, PRBO and/or its designees will
undertake the following marine mammal mitigation measures and
monitoring protocols:
(1) Abide by all of the Terms and Conditions listed in the
Incidental Take Statement for NMFS' 2008 Biological Opinion.
(2) Abide by the Terms and Conditions of Scientific Research Permit
373-1868.
(3) 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) Postpone beach landings on Año Nuevo Island only after
any pinnipeds that might be present on the beach have entered the
water.
(5) 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.
(6) Monitor for offshore predators and not approach hauled out
Steller sea lions if great white sharks (Carcharodon carcharias) or
killer whales (Orcinas orca) are seen in the area. If predators are
seen, eastern DPS Steller sea lions must not be disturbed until the
area is free of predators.
(7) Keep voices hushed and bodies low in the visual presence of
pinnipeds.
(8) Conduct seabird observations at North Landing on Southeast
Farallon Island in an observation blind, shielded from the view of
hauled out pinnipeds.
(9) Crawl slowly to access seabird nest boxes on Año Nuevo
Island if pinnipeds are within view.
(10) Coordinate research visits to intertidal areas of Southeast
Farallon Island (to reduce potential take) and to coordinate research
goals for Año Nuevo Island to minimize the number of trips to
the island. Once on Año Nuevo Island, researchers would
coordinate monitoring schedules so that areas near any pinnipeds would
be accessed only once per visit.
(11) Coordinate monitoring schedules on Añto Nuevo Island,
so that areas near any pinnipeds would be accessed only once per visit.
(12) Have the lead biologist serve as an observer to evaluate
incidental take and halt any research activities should the potential
for incidental take be too great.
(13) Take notes of pinnipeds observed within the research area. The
notes would provide dates, location, species, the researcher's
activity, behavioral state, numbers of pinnipeds that moved greater
than one meter, and numbers of pinnipeds that flushed into the water.
NMFS conducted a formal section 7 consultation under the Endangered
Species Act (ESA; 16 U.S.C. 1531 et seq.) in 2008. After issuance of
the proposed 2010 IHA, NMFS reviewed the Terms and Conditions of the
2008 Biological Opinion (BiOp) which directed the PRBO researchers to
monitor the offshore environment for predators such as great white
sharks or killer whales before approaching hauled out Steller sea
lions. If predators were seen, the researchers would halt operations
until the area was deemed free of predators. NMFS deemed this
mitigation measure appropriate for ensuring Steller sea lion safety in
the study area and adopted this requirement into the 2010 IHA.
NMFS has carefully evaluated the applicant's proposed mitigation
measures and considered a range of other measures in the context of
ensuring that NMFS prescribes the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one
Añother: (1) the manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals; (2) the proven or likely efficacy of
the specific measure to minimize adverse impacts as planned; and (3)
the practicability of the measure for applicant implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS or recommended by the public,
NMFS has determined that the required mitigation measures provide the
means of effecting the least practicable adverse impacts on marine
mammals species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance.
Reporting
In order to issue an ITA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking.'' The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
Draft Report: PRBO will submit a draft final report to the
Assistant Regional Administrator (ARA) for Protected Resources,
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach,
CA 90802-4213 and to the Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, NMFS, 1315 East West Highway,
SSMC3 13822, Silver Spring, MD 20910 within 90 days after the
expiration of the IHA. This report must contain the following
information: dates, location, species, the researcher's activity,
behavioral state, numbers of pinnipeds that moved greater than one
meter, and numbers of pinnipeds that flushed into the water, along with
an executive summary. If NMFS decides that the draft final report needs
no comments, the draft final report will be considered to be the final
report.
Final Report: PRBO will submit a final report to the ARA for
Protected Resources, Southwest Region and to the Chief, Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS, within 30 days after receiving comments from NMFS on the draft
final report.
In the unanticipated event that any cases of pinniped injury or
mortality are judged to result from these activities, (which is highly
unlikely), PRBO and/or its designees will immediately cease operations
and report the incident,
[[Page 8681]]
within 48 hours, to the Southwest Region, Assistant Regional
Administrator (ARA) for Protected Resources, Southwest Region, NMFS,
501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone
(562) 980-4020; fax (562) 980-4027; and to the Chief, Permits,
Conservation, and Education Division, Office of Protected Resources,
National Marine Fisheries Service (NMFS), phone (301) 713-2289.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is anticipated and authorized as a
result of the seabird and pinniped research activities. Acoustic and
visual stimuli generated by boat landings/departures, the operation of
the derrick system, and noise generated during research activities and
maintenance activities have the potential to cause the pinnipeds hauled
out on SEFI, WEI, ANI, and PRNS to flush into the surrounding water or
to cause a short-term behavioral disturbance. There is no evidence that
the planned activities could result in injury or mortality. The
required mitigation and monitoring measures will minimize any potential
risk for injury or mortality.
NMFS estimates that a maximum of 5,000 California sea lions, 418
Pacific harbor seals, 253 northern elephant seals, and 20 Steller sea
lions could be potentially affected by Level B harassment over the
course of the IHA. This estimate is based on PRBO's previous research
experiences conducted in the proposed research area and on marine
mammal research activities in these areas. All of the potential takes
are expected to be Level B behavioral harassment only. Because of the
mitigation measures that will be required and the likelihood that some
pinnipeds will avoid the area, injury or mortality to pinnipeds is
neither expected nor requested.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined'' negligible impact'' in 50 CFR 216.103 as ''...an
impact resulting from the specified altivity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.'' In making a negligible impact determination, NMFS
considers: (1) the number of anticipated mortalities; (2) the number
and nature of anticipated injuries; (3) the number, nature, and
intensity, and duration of Level B harassment; and (4) the context in
which the takes occur.
As mentioned previously, NMFS estimates that a maximum of 5,000
California sea lions, 418 Pacific harbor seals, 253 northern elephant
seals, and 20 Steller sea lions could be potentially affected by Level
B harassment over the course of the IHA. 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 DPS of Steller
sea lion. For each species, these numbers are small relative to the
population size.
No injuries or mortalities are anticipated to occur as a result of
the PRBO's planned seabird and pinniped research activities, and none
are authorized. Takes will be limited to Level B behavioral harassment
over the course of the IHA.
Only short-term behavioral disturbance is anticipated to occur due
to the brief and sporadic duration of the research activities. No
mortality or injury is expected to occur, and due to the nature,
degree, and context of behavioral harassment anticipated, the activity
is not expected to impact rates of recruitment or survival.
NMFS has determined, provided that the aforementioned mitigation
and monitoring measures are implemented, that the impact of conducting
seabird and pinniped research on SEFI, WEI, ANI, and PRNS may result,
at worst, in a temporary modification in behavior and/or low-level
physiological effects (Level B harassment) of small numbers of certain
species of marine mammals.
While behavioral modifications, including temporarily vacating the
area during the seabird and pinniped research activities, may be made
by these species to avoid the resultant boat landing/takeoff and visual
disturbance from human presence, the availability of alternate areas
within these areas and haulout sites, and the short and sporadic
duration of the research activities, have led NMFS to determine that
this action will have a negligible impact on California sea lions,
Pacific harbor seals, northern elephant seals, and Steller sea lions.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that the PRBO's planned seabird and pinniped
research activities, will result in the incidental take of small
numbers of marine mammals, by Level B harassment only, and that the
total taking from seabird and pinniped research activities will have a
negligible impact on the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals
implicated by this action.
Endangered Species Act
The Steller sea lion, eastern DPS is listed as threatened under the
ESA and occurs in the research area. NMFS Headquarters' Office of
Protected Resources, Permits, Conservation, and Education Division
conducted a formal section 7 consultation under the ESA. On November
18, 2008, NMFS issued a Biological Opinion (2008 BiOp) 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. NMFS has reviewed the 2008 BiOp and determined
that there is no new information regarding effects to Stellar sea
lions; the action has not been modified in a manner which would cause
adverse effects not previously evaluated; there has been no new listing
of species or designation of critical habitat that could be affected by
the action; and, the action will not exceed the extent or amount of
incidental take authorized in the 2008 BiOp. Therefore, the proposed
IHA does not require the reinitiation of Section 7 consultation under
the ESA.
National Environmental Policy Act (NEPA)
To meet NMFS' NEPA requirements for the issuance of an IHA to PRBO,
NMFS prepared an Environmental Assessment (EA) in 2007 that was
specific to seabird and pinniped research activities on SEFI, WEI, ANI,
and PRNS and evaluated the impacts on the human environment of NMFS'
authorization of incidental Level B harassment resulting from seabird
[[Page 8682]]
research in Central California. 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) and, therefore, it was not necessary to
prepare an environmental impact statement for the issuance of an IHA to
PRBO for this activity. In 2008, NMFS prepared a supplemental EA (SEA)
titled ``Supplemental Environmental Assessment For The Issuance Of An
Incidental Harassment Authorization To Take Marine Mammals By
Harassment Incidental To Conducting Seabird And Pinniped Research In
Central California And Environmental Assessment For The Continuation Of
Scientific Research On Pinnipeds In California Under Scientific
Research Permit 373-1868-00,'' 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. At that time, NMFS concluded that issuance of
an IHA for the December 2008 through 2009 season would not
significantly affect the quality of the human environment and issued a
FONSI for the 2008 SEA regarding PRBO's activities. In conjunction with
this year's application, NMFS has again reviewed the 2007 EA and the
2008 SEA and determined that there are no new direct, indirect or
cumulative impacts to the human and natural environment associated with
the IHA requiring evaluation in a supplemental EA and NMFS, therefore,
reaffirms the 2008 FONSI. A copy of the EA, SEA, and the NMFS FONSI for
this activity is available upon request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an IHA to PRBO
to conduct seabird and pinniped research on Southeast Farallon Island,
West End Island, Año Nuevo Island, and Point Reyes National
Seashore in central California from February 19, 2010 through February
18, 2011, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: February 19, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-3893 Filed 2-24-10; 8:45 am]
BILLING CODE 3510-22-S
