Incidental Takes of Marine Mammals During Specified Activities; Replacement and Repair of Fur Seal Research Observation Towers and Walkways on St. Paul Island, Alaska, 11121-11129 [2010-5012]
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seven days. The revised deadline for the
final results of this review is now March
9, 2010. See Memorandum to the Record
from Ronald Lorentzen, DAS for import
Administration, regarding ‘‘Tolling of
Administrative Deadlines As a Result of
the Government Closure During the
Recent Snowstorm,’’ dated February 12,
2010.
Scope of the Order
The merchandise subject to this
antidumping duty order consists of
hand trucks manufactured from any
material, whether assembled or
unassembled, complete or incomplete,
suitable for any use, and certain parts
thereof, namely the vertical frame, the
handling area and the projecting edges
or toe plate, and any combination
thereof.
A complete or fully assembled hand
truck is a hand–propelled barrow
consisting of a vertically disposed frame
having a handle or more than one
handle at or near the upper section of
the vertical frame; at least two wheels at
or near the lower section of the vertical
frame; and a horizontal projecting edge
or edges, or toe plate, perpendicular or
angled to the vertical frame, at or near
the lower section of the vertical frame.
The projecting edge or edges, or toe
plate, slides under a load for purposes
of lifting and/or moving the load.
That the vertical frame can be
converted from a vertical setting to a
horizontal setting, then operated in that
horizontal setting as a platform, is not
a basis for exclusion of the hand truck
from the scope of this order. That the
vertical frame, handling area, wheels,
projecting edges or other parts of the
hand truck can be collapsed or folded is
not a basis for exclusion of the hand
truck from the scope of the order. That
other wheels may be connected to the
vertical frame, handling area, projecting
edges, or other parts of the hand truck,
in addition to the two or more wheels
located at or near the lower section of
the vertical frame, is not a basis for
exclusion of the hand truck from the
scope of the order. Finally, that the
hand truck may exhibit physical
characteristics in addition to the vertical
frame, the handling area, the projecting
edges or toe plate, and the two wheels
at or near the lower section of the
vertical frame, is not a basis for
exclusion of the hand truck from the
scope of the order.
Examples of names commonly used to
reference hand trucks are hand truck,
convertible hand truck, appliance hand
truck, cylinder hand truck, bag truck,
dolly, or hand trolley. They are typically
imported under heading 8716.80.50.10
of the Harmonized Tariff Schedule of
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the United States (HTSUS), although
they may also be imported under
heading 8716.80.50.90. Specific parts of
a hand truck, namely the vertical frame,
the handling area and the projecting
edges or toe plate, or any combination
thereof, are typically imported under
heading 8716.90.50.60 of the HTSUS.
Although the HTSUS subheadings are
provided for convenience and customs
purposes, the Department’s written
description of the scope is dispositive.
Excluded from the scope are small
two–wheel or four–wheel utility carts
specifically designed for carrying loads
like personal bags or luggage in which
the frame is made from telescoping
tubular materials measuring less than 5/
8 inch in diameter; hand trucks that use
motorized operations either to move the
hand truck from one location to the next
or to assist in the lifting of items placed
on the hand truck; vertical carriers
designed specifically to transport golf
bags; and wheels and tires used in the
manufacture of hand trucks. The written
description remains dispositive.
Analysis of Comments Received
All issues raised in this case are
addressed in the Issues and Decision
Memorandum from John M. Andersen,
Acting Deputy Assistant Secretary for
AD/CVD Operations, Import
Administration, to Carole Showers,
Acting Deputy Assistant Secretary for
Import Administration, dated March 2,
2010 (Decision Memorandum), which is
hereby adopted by this notice. The
issues discussed in the Decision
Memorandum include the likelihood of
continuation or recurrence of dumping
and the magnitude of the margin likely
to prevail if the order was revoked.
Parties can find a complete discussion
of all issues raised in this sunset review
and the corresponding
recommendations in this public
memorandum, which is on file in room
1117 of the main Department building.
In addition, a complete version of the
Decision Memorandum can be accessed
directly on the Internet at https://
ia.ita.doc.gov/frn/. The paper copy and
electronic version of the Decision
Memorandum are identical in content.
Final Results of Sunset Review
The Department has determined that
revocation of the antidumping duty
order on hand trucks from the PRC
would likely lead to continuation or
recurrence of dumping at the following
percentage weighted–average margins:
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Manufacturers/
Exporters/Producers
Qingdao Taifa Group
Co., Ltd. ....................
True Potential Co. ........
Qingdao Huatian Hand
Truck Co., Ltd. ..........
Shandong Machinery
Import & Export
Group Corp. ..............
Qingdao Future Tool
Inc. ............................
PRC–wide rate .............
Weighted–Average
Margin (Percent)
26.49 percent
33.68 percent
46.48 percent
32.76 percent
32.76 percent
383.60 percent
This notice serves as the only
reminder to parties subject to
administrative protective orders (APO)
of their responsibility concerning the
return or destruction of proprietary
information disclosed under APO in
accordance with 19 CFR 351.305.
Timely notification of the return or
destruction of APO materials or
conversion to judicial protective order is
hereby requested. Failure to comply
with the regulations and terms of an
APO is a violation which is subject to
sanction.
The Department is issuing and
publishing these results and this notice
in accordance with sections 751(c), 752,
and 777(i)(1) of the Act.
Dated: March 2, 2010.
Carole Showers,
Acting Deputy Assistant Secretary for Import
Administration.
[FR Doc. 2010–5111 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–DS–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU31
Incidental Takes of Marine Mammals
During Specified Activities;
Replacement and Repair of Fur Seal
Research Observation Towers and
Walkways on St. Paul Island, Alaska
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed Incidental
Harassment Authorization; request for
comments.
SUMMARY: NMFS has received an
application from the NMFS, Alaska
Region (NMFS AKR) for an Incidental
Harassment Authorization (IHA) to take
small numbers of marine mammals, by
Level B harassment, incidental to
conducting replacement and repair of
northern fur seal research observation
towers and walkways on St. Paul Island,
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Alaska, from April to June and
December, 2010. NMFS has reviewed
the application, including all supporting
documents, and determined that it is
adequate and complete. Pursuant to the
Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an IHA to NMFS
AKR to take, by Level B harassment
only, marine mammals incidental to
specified activities within the specified
geographic region.
DATES: Comments and information must
be received no later than April 9, 2010.
ADDRESSES: Comments on the
application should be addressed to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910–3225. The mailbox address for
providing email comments is PR1.0648–
XU31@noaa.gov. NMFS is not
responsible for e-mail comments sent to
addresses other than the one provided
here. Comments sent via e-mail,
including all attachments, must not
exceed a 10–megabyte file size.
All comments received are a part of
the public record and will generally be
posted to https://www.nmfs.noaa.gov/pr/
permits/incidental.htm without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
A copy of the application containing
a list of the references used in this
document may be obtained by writing to
the address specified above, telephoning
the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or
visiting the internet 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.
FOR FURTHER INFORMATION CONTACT:
Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS,
301–713–2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of marine mammals
by U.S. citizens who engage in a
specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
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are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
An authorization to take small
numbers of marine mammals by
harassment 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 (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring and reporting of
such takings are set forth to achieve the
least practicable adverse impact. NMFS
has defined ‘‘negligible impact’’ in 50
CFR 216.103 as ’’...an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment. Except
with respect to certain activities not
pertinent here, the MMPA defines
‘‘harassment’’ as:
any act of pursuit, torment, or
annoyance which (i) has the potential to
injure a marine mammal or marine
mammal stock in the wild [Level A
harassment]; or (ii) has the potential to
disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
16 USC 1362(18).
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 for any
proposed authorizations for the
incidental harassment 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 February 2, 2010, NMFS received
a letter from NMFS AKR requesting an
IHA to authorize the take, by Level B
harassment, of small numbers of
northern fur seals (Callorhinus ursinus)
incidental to conducting replacement
and repair operations for fur seal
research observation towers and
walkways on St. Paul Island, Alaska.
NMFS is currently contracting
demolition, repair, and select
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replacement of northern fur seal
observation towers and walkways. The
original timing restrictions for this
project would have allowed human
presence and work on the rookeries only
until April 20, 2010, which would have
made the incidental take of northern fur
seals unlikely. However, the proposed
construction season has been extended
to the first week of June in order to
provide flexibility in the construction
schedule to complete the replacement
and repair of the observation towers and
walkways during a single winter and
spring season. NMFS AKR has
identified a need to authorize the
incidental taking of northern fur seals
hauling out on St. Paul Island during
their intermittent and early season
presence through early June.
The purpose of the replacement and
repair operations is to provide safe
access for fur seal researchers into the
dense breeding aggregations of northern
fur seals. Safe access for researchers is
required because northern fur seals
exhibit strong site fidelity, tenacity, and
high levels of aggression within dense
aggregations. In addition, non-territorial
fur seals are sensitive to human
presence within and near breeding areas
as a result of visual, auditory, and
olfactory stimuli. The observation
towers and walkways provide elevated
access to observe and count breeding
and resting fur seals, reducing stimuli
that influence fur seal behavior.
Additional information on the
construction project is contained below
and in the IHA application, which is
available upon request (see ADDRESSES).
Description of the Proposed Specified
Activities
NMFS AKR is currently contracting
demolition, repair and select
replacement of northern fur seal
research infrastructure on St. Paul
Island, Alaska. The objective of this
work is to repair 47 fur seal observation
towers and their associated walkways
within fur seal breeding areas around
the island. Prior to the replacement
phase of the project, old towers and
walkways will need to be demolished.
The replacement work will occur at the
Reef rookery (i.e., breeding area), if
funding is available in future years it
will occur at other sites. Seven
observation towers will be replaced at
the Reef rookery, and the long term plan
is to replace and repair the remaining 40
towers at the other rookeries around the
island (depending on funding).
Construction crews will be using
hand carpentry techniques, possibly
supplemented with small gasoline
generators, and pneumatic tools. Most
construction sites are inaccessible to
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vehicles with the exception of all-terrain
vehicles and equipment or snow
machines, if conditions allow. Crews
will be primarily accessing the
immediate worksites by foot. The
proposed action includes summer and
fall construction restrictions to protect
northern fur seals from disturbances
during the breeding and pup rearing
period. Repair and replacement
activities will include human presence
within the fur seal breeding areas and
use of all-terrain and four-wheel drive
vehicles to transport personnel,
equipment, and materials. Construction
crews will use hand and power tools,
gas-powered generators, and air
compressors. Construction crews will
need to demolish and remove old
towers and walkways prior to
replacement of new structures. Large
boulders or uneven terrain will be
altered to facilitate construction or
access to areas where new foundations
are to be placed.
NMFS AKR biologists will begin daily
marine mammal monitoring for the
presence of fur seals on April 20, 2010
and record the number and response of
northern fur seals to the proposed
actions until June 7, 2010. Construction
activities will cease and demobilization
will begin if the incidental taking of
northern fur seals is predicted to exceed
that authorized in the IHA prior to June
1, 2010, otherwise all activities will be
completed on the rookeries by June 7,
2010.
Additional details regarding the
proposed action can be found in the
IHA application and Draft
Environmental Assessment (EA).
Proposed Dates, Duration, and Location
of Specified Activity
The research walkways and towers
will be repaired and replaced on St.
Paul Island, Alaska from January 4,
2010, through June 7, 2010, and again in
December, 2010 if necessary and
authorized. The proposed dates of the
authorization will be from April 20 to
June 7, 2010, and December 1 to 31,
2010, which is during the presence of
fur seals at the location of the specified
activity. See below for information
regarding when northern fur seals arrive
(i.e., when incidental take starts
occurring).
Description of Marine Mammals and
Habitat Affected in the Proposed
Activity Area
Several marine mammal species are
known to or could occur in the Bering
Sea off the Alaska coastline (see Table
1 below). The northern fur seal is the
only species of marine mammal
managed by NMFS that may be present
in the project area during the
construction project. Northern fur seals
are not listed as threatened or
endangered under the Endangered
Species Act (ESA), but are designated as
depleted under the MMPA. Other
marine mammal species managed by
NMFS that inhabit the Bering Sea, but
are not anticipated to occur in the
Bering Sea project area during the
replacement and repair activities, are
listed in Table 1 (below). Polar bears
and Pacific walrus also occur in the
Bering Sea, but they are not addressed
further, since they are managed under
the jurisdiction of the U.S. Fish and
Wildlife Service (USFWS).
The marine mammals that occur in
the proposed action area belong to four
taxonomic groups: mysticetes (baleen
whales), odontocetes (toothed whales),
pinnipeds (seals, sea lions, and walrus),
and carnivores (polar bears). Table 1
below outlines the marine mammal
species and their habitat in the region of
the proposed activity area.
TABLE 1. THE HABITAT AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE PROPOSED SSTUDY AREA IN
THE U.S. BERING SEA OFF OF ALASKA.
Habitat
ESA1
Pack ice and coastal
EN
Coastal and shelf
EN
Coastal and lagoons
NL
Mainly nearshore waters and
banks
EN
Shelf and coastal
NL
Sei whale (Balaenoptera borealis)
Primarily offshore and pelagic
EN
Fin whale (Balaenoptera physalus)
Slope, mostly pelagic
EN
Pelagic and coastal
EN
Odontocetes
Killer whale (Orcinus orca)
Widely distributed
NL
Beluga whale (Delphinapterus leucas)
Coastal, ice edges
NL
Pelagic
NL
Likely pelagic
NL
Harbor porpoise (Phocoena phocoena)
Coastal, inland waters
NL
Dall’s porpoise (Phocoenoides dalli)
Slope, offshore waters
NL
Pelagic, breeds coastally
NL
Species
Mysticetes
Bowhead whale (Balaena mysticetus)
North Pacific right whale (Eubalaena japonica)
Gray whale (Eschrichtius robustus)
Humpback whale (Megaptera novaeangliae)
Minke whale (Balaenoptera acutorostrata)
Blue whale (Balaenoptera musculus)
Baird’s beaked whale (Berardius bairdii)
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Stejneger’s beaked whale (Mesoplodon stejnegeri)
Pinnipeds
Northern fur seal (Callorhinus ursinus)
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TABLE 1. THE HABITAT AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE PROPOSED SSTUDY AREA IN
THE U.S. BERING SEA OFF OF ALASKA.—Continued
Habitat
ESA1
Steller sea lion (Eumetopias jubatus)
Mostly pelagic, high relief
EN
Bearded seal (Erignathus barbatus)
Ice
NL
Spotted seal (Phoca largha)
Pack ice
Proposed T (Southern
DPS)
NL (Okhotsk and Bering
DPSs)
Ringed seal (Phoca hispida)
Landfast and pack ice
NL
Ribbon seal (Histriophoca fasciata)
Landfast and pack ice
NL
Coastal
NL
Pacific Walrus (Odobenus rosmarus divergens)
Ice, coastal
NL
Carnivores
Polar bear (Ursus maritimus marinus)
Ice, coastal
T
Species
Pacific harbor seal (Phoca vitulina richardsi)
1
U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL = Not listed
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Not all of these species (listed in
Table 1 above) are expected to be
harassed from the described proposed
activities. Because the activities are
occurring on land, only northern fur
seals are expected to be disturbed by the
project.
Northern fur seals (Callorhinus
ursinus) are likely to be found within
the activity area. Northern fur seals are
seasonal residents on St. Paul Island,
and may be found on the breeding and
resting areas around the island from late
April until early December.
Adult males are the most likely group
of northern fur seals to be encountered
on St. Paul during the spring of 2010. By
June 1, 2010, NMFS estimates about 50
percent of the maximum count of adult
males will be on all the St. Paul Island
breeding areas of 4,976 adult male
northern fur seals. NMFS’ estimate
includes territorial males, and nonterritorial males.
In addition, NMFS estimates
intermittent arrival and departure of few
sub-adult males during the winter and
spring. Most sub-adult male seals begin
arriving during the last week of May
resulting in a few tens to a hundred
seals at any of the hauling grounds on
St. Paul Island (Gentry, 1981)
Northern Fur Seal
Northern fur seals occur from
southern California north to the Bering
Sea and west to the Okhotsk Sea and
Honshu Island, Japan. During the
summer breeding season, most of the
worldwide population is found on the
Pribilof Islands in the southern Bering
Sea, with the remaining animals on
rookeries in Russia, on Bogoslof Island
in the southern Bering Sea, and on San
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Miguel Island off Southern California
(Lander and Kajimura, 1982; NMFS,
1993). This species may temporarily
haul-out onto land at other sites in
Alaska, British Columbia, and on islets
along the coast of the continental U.S.,
but generally do so outside of the
breeding season (Fiscus, 1983).
Northern fur seals are colonial
breeding pinnipeds that exhibit strong
site fidelity and currently breed on a
few islands in the North Pacific Ocean
and Bering Sea. Adult male fur seals,
about three to five times larger than
females, arrive at rookeries prior to the
late June/July breeding season and
defend territories within the rookery.
Beginning in mid-June the rookeries are
occupied by breeding females, who
within a few days give birth and begin
nursing their single pup. Lactating
females cycle between on shore
attendance and at-sea foraging trips
during the nursing period (July to
November).
NMFS designated the Pribilof Islands
northern fur seal population depleted
on June 17, 1988 (53 FR 17888) because
it declined to less than 50 percent of
levels observed in the late 1950s and no
compelling evidence suggested that the
northern fur seal carrying capacity of
the Bering Sea had changed
substantially since the late 1950s.
Towell and Ream (2008) report that the
2008 pup production estimate for St.
Paul Island was 6.6 percent less than the
estimate in 2006. The 2008 pup
production estimate for St. George
Island was 6.4 percent greater than the
estimate in 2006. Since the depleted
designation in 1988 pup production on
St. Paul Island has declined by 40
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percent (171,610 pups born to 102,674)
and on St. George Island by 27 percent
(24,280 pups born to 18,160).
Male northern fur seals arrive on all
of their breeding islands in reverse
proportion to their age. That is, the
oldest seals arrive first followed by
progressively younger seals. Thus adult
males nine years old and older arrive as
early as late April and persist
intermittently at first and then
permanently (for territorial males) for
the duration of their tenure on the
island which generally ranges for about
30 to 60 days (Gentry, 1998). All nonterritorial males (i.e., younger than 7
years old) arrive on the island and cycle
between fasting and resting on shore
and foraging trips at sea from June
through November (Sterling and Ream,
2004). Fur seals can be observed on and
near St. Paul Island in nearly every
month of the year, but the probability of
encountering a hauled-out fur seal in
any month from December until April is
highly uncertain and near zero for any
particular day.
Two separate stocks of northern fur
seals are recognized within U.S. waters,
an Eastern Pacific stock and a San
Miguel Island stock. The most recent
estimate for the number of fur seals in
the Eastern Pacific stock, based on pup
counts from 2002 on Sea Lion Rock,
from 2006 on the Pribilof Islands, and
from 2005 on Bogoslof Island is 665,500
animals. The minimum population
estimate is 654,437 animals; this
estimate includes the first pup counts
on Bogoslof Island in more than 5 years
and does not indicate population
increase.
NMFS anticipates that no northern fur
seals will be injured, seriously injured,
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or killed during the replacement and
repair activities with incorporation of
the described proposed mitigation and
monitoring measures. Because of the
proposed mitigation and monitoring
requirements discussed in this
document, NMFS and NMFS AKR
believes it is highly unlikely that the
proposed activities would have the
potential to injure (Level A harassment),
or cause serious injury, or mortality of
northern fur seals; however, they may
temporarily leave or avoid the area
where the proposed construction
activities may occur, thus resulting in
Level B harassment. NMFS AKR has
requested the incidental take of 579
adult male northern fur seals (9,785
times) and 1,000 sub-adult northern
male fur seals (one time) or 1,579 total
individual northern fur seals for the
proposed action. The requested take is
approximately 0.24 percent of the
estimated minimum (654,437) Eastern
Pacific stock. NMFS has determined
that the number of requested incidental
takes for the proposed action is small
relative to population estimates of
northern fur seals.
Further information on the biology
and local distribution of these species
and others in the region can be found in
NMFS AKR’s application, which is
available upon request (see ADDRESSES),
and the NMFS Marine Mammal Stock
Assessment Reports, which are available
online at: https://www.nmfs.noaa.gov/pr/
species/.
Potential Effects of Activities on Marine
Mammals
All anticipated takes likely to occur
incidental to the proposed construction
activities would be Level B harassment
(as defined in 50 CFR 216.3), involving
short-term, temporary changes in
behavior. Incidental harassment may
result if hauled-out animals move away
from the field crew personnel. For the
purpose of estimating the number of
pinnipeds taken by these activities,
NMFS assumes that pinnipeds that
move or change the direction of their
movement in response to the presence
of field crew personnel are taken by
Level B harassment. Animals that
merely raise their head and look at the
field crew personnel are not considered
to have been taken.
Some adult seals may depart, but
NMFS AKR anticipates most will alter
their activity budgets due to stimuli
related construction. NMFS used the
2006 adult male counts because they
were available and partitioned by
section, and because the continued
decline of northern fur seals provided
us with a conservative (i.e., biased high)
estimate. NMFS estimates about five
percent of the adult males, less than one
percent of sub-adult males, and no
females or pups on St. Paul Island will
be exposed to the proposed construction
activities. NMFS anticipates sub-adult
seals will be displaced from their resting
areas if encountered during
construction. The NMFS AKR
anticipates there will be no significant
impact on the species or stock of
northern fur seals from the proposed
construction activity on the rookeries
prior to and after the breeding season.
Given the considerations noted above,
and the small proportion of the total
northern fur seal population potentially
disturbed by the proposed construction
activity, the effects of operations are
expected to be limited to short-term and
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localized displacement (behavioral
changes) within the work sites involving
relatively small numbers of seals. The
effects of the proposed construction
operations fall within the MMPA
definition of Level B harassment. The
impacts of the proposed construction
activities are expected to be negligible
for the northern fur seal stock and
populations.
Potential Effects of Activities on Marine
Mammal Habitat
The NMFS AKR does not anticipate
any negative impact on northern fur seal
habitat from the demolition, repair, and
replacement of observation towers and
walkways on St. Paul Island. These
structures have been located in nearly
the same areas for at least 50 years at
some locations and northern fur seals
continue to use the habitat around the
structures. The demolition and removal
of condemned structures will restore
some small areas of fur seal habitat. The
replacement and repair of observation
towers and walkways will likely result
in no net change or modification to
marine mammal habitat. Consequently,
construction activities are anticipated to
have a negligible impact on the local
northern fur seal population and their
habitat.
Number of Marine Mammals Expected
to be Incidentally Taken by the
Proposed Activity
The NMFS AKR is requesting take, by
Level B harassment only, of male
northern fur seals. The method of taking
will be from a combination of human
presence, scent, and airborne
construction noise.
TABLE 2. SUMMARY OF INCIDENTAL TAKING BY HARASSMENT OF NORTHERN FUR SEALS DURING CONSTRUCTION ACTIVITIES
ON ST. PAUL ISLAND
Prior to April
25, 2010
Week 1
Week 2
Week 3
Week 4
week 5
Total
0
8 seals taken
58 times
115 seals
taken 811
times
232 seals
taken 1,621
times
463 seals
taken 3,242
times
579 seals
taken 4,053
times
579 seals
taken 9,785
times
50 seals taken
once
50 seals taken
once
150 seals
taken once
200 seals
taken once
250 seals
taken once
300 seals
taken once
1,000 seals
taken once
Adult Male Northern
Fur Seal
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Sub-adult Male Fur
Seal
Most adult male northern fur seals
will be incidentally taken by harassment
multiple times. NMFS AKR anticipates
approximately 230 of the 579 adult
males will be taken once. These single
takes by harassment are of the estimated
non-territorial adult males predicted to
be present and will likely depart due to
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the noise, presence or scent of the
construction activities on the rookery.
NMFS estimates the remaining 349
adult male northern fur seals are
territorial at Reef rookery on St. Paul
Island during the five week period
beginning late April, 2010 and will not
depart. NMFS predicts these territorial
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males may change the time spent in
certain behaviors due to the presence,
noise, or scent due to construction
activities on the rookery.
The number of incidental takes by
harassment was derived from 2006 adult
male counts from the National Marine
Mammal Laboratory (NMML) from Reef
rookery (Fowler et al., 2006) and was
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
corrected based on the timing of arrival
curve from Gentry (1998). Rookeries are
divided into sections allowing easier
tabulation of counts and the maximum
counts in each section have been
divided by the percentage estimated on
land for each week in Tables 3a to 3e
(below). NMFS summed the daily take
estimates into weekly bins (Table 3a to
3e) because few animals were predicted
on land in late April and early May, but
those few animals would likely to be
taken repeatedly during the week and
every subsequent week. Table 3 shows
fractional daily taking within each
section, summed for the week, and
rounded up into Table 2. NMFS
estimates an additional 1,000 sub-adult
male seals may be encountered during
the construction or repair activities at
Reef or other rookeries (Table 2).
TABLE 3A. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE LAST WEEK OF
APRIL. ESTIMATE BASED ON ONE PERCENT OF THE MAXIMUM 2006 BULL COUNTS.
Class Bull
Section
1
2
3
4
5
6
7
8
9
10
11
2
0.13
0.26
0.27
0.1
0.22
0.21
0.05
0.27
0.22
0.11
0.03
3
0.48
0.81
0.63
0.46
0.67
0.7
0.01
0.66
0.37
0.28
0.04
5
0.08
0.27
0.4
0.47
0.31
0.13
0.15
0.31
0.34
0.72
1.42
Total Taking by Harassment Week 1: 57.9
TABLE 3B. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE FIRST WEEK OF
MAY. ESTIMATE BASED ON 10 PERCENT OF THE MAXIMUM 2006 BULL COUNTS.
Class Bull
Section
1
2
3
4
5
6
7
8
9
10
11
2
1.3
2.6
2.7
1
2.2
2.1
0.5
2.7
2.2
1.1
0.3
3
4.8
8.1
6.3
4.6
6.7
7
0.1
6.6
3.7
2.8
0.4
5
0.8
2.7
4
4.7
3.1
1.3
1.5
3.1
3.4
7.2
14.2
Total Taking by Harassment Week 2: 810.6
TABLE 3C. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE SECOND WEEK OF
MAY. ESTIMATE BASED ON 20 PERCENT OF THE MAXIMUM 2006 BULL COUNTS.
Class Bull
Section
1
2
3
4
5
6
7
8
9
10
11
2
2.6
5.2
5.4
2
4.4
4.2
1
5.4
4.4
2.2
0.6
3
9.6
16.2
12.6
9.2
13.4
14
0.2
13.2
7.4
5.6
0.8
5
1.6
5.4
8
9.4
6.2
2.6
3
6.2
6.8
14.4
28.42
Total Taking by Harassment Week 3: 1621.2
TABLE 3D. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE THIRD WEEK OF
MAY. ESTIMATE BASED ON 40 PERCENT OF THE MAXIMUM 2006 BULL COUNTS.
Class Bull
Section
2
3
4
5
6
7
8
9
10
11
2
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1
5.2
10.4
10.8
4
8.8
8.4
2
10.8
8.8
4.4
1.2
3
19.2
32.4
25.2
18.4
26.8
28
0.4
26.4
14.8
11.2
1.6
5
3.2
10.8
16
18.8
12.4
5.2
6
12.4
13.6
28.8
56.8
Total Taking by Harassment Week 4: 3242.4
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
TABLE 3E. ESTIMATED DAILY TAKE OF ADULT MALE NORTHERN FUR SEALS ON REEF ROOKERY FOR THE LAST WEEK OF
MAY. ESTIMATE BASED ON 50 PERCENT OF THE MAXIMUM 2006 BULL COUNTS.
Class Bull
Section
1
2
3
4
5
6
7
8
9
10
11
2
6.5
13
13.5
5
11
10.5
2.5
13.5
11
5.5
1.5
3
24
40.5
31.5
23
33.5
35
0.5
33
18.5
14
2
5
4
13.5
20
23.5
15.5
6.5
7.5
15.5
17
36
71
Total Taking by Harassment Week 5: 4053
NMFS and NMFS AKR estimate that
the incidental ‘‘take by harassment’’
could be up to 579 adult male northern
fur seals taken 9,785 times and 1,000
sub-adult male northern fur seals taken
once during the proposed action.
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Proposed Mitigation
In order to issue an Incidental Take
Authorization 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.
Northern fur seals are the only marine
mammal species managed by NMFS
expected to be present in the project
area during the planned construction
activities. The construction season has
been chosen based on the minimum
likelihood of encountering breeding and
nursing northern fur seals. The amount
of work and weather conditions during
the winter season necessitates providing
some contingency arrangements for
work to be completed when few if any
fur seals are found on land. In addition,
the outlying periods requested are prior
to the arrival and after the departure of
the most sensitive fur seals (i.e., adult
females and unweaned pups). Gentry
(1998) experimented with complete
displacement in early June of territorial
males from their terrestrial sites. He
found that over 80 percent of adult
males returned with in seven hours to
their original territory site with less
aggression than required to originally
secure the site. Thus territorial adult
males are highly resistant to disturbance
at the time of year NMFS AKR is
requesting authorization for incidental
harassment. Some individual territorial
males were so resistant to harassment
that it required four to six people with
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15:07 Mar 09, 2010
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poles and noisemakers to move them
from their sites.
Thus, the combination of a winter and
spring construction season along with
incidental harassment of small numbers
of adult and sub-adult male northern fur
seals will minimize the potential for
adverse impacts to the population and
habitat. The habitat is further protected
because the ground is frozen and
resistant to erosion and degradation due
to vehicle traffic. In addition to the
mitigation described above, NMFS AKR
will also limit field personnel to
approaching sites cautiously, choosing a
route that minimizes the potential for
disturbance of pinnipeds; and after each
site visit, the site will be vacated as soon
as possible so that it can be re-occupied
by pinnipeds that may have been
disturbed. The implementation of a
monitoring and mitigation program is
expected by NMFS to achieve the least
practicable adverse impact upon the
affected species or stock.
Proposed Monitoring and 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.
NMFS AKR will begin marine
mammal monitoring at Reef, Gorbatch,
and Ardiguen breeding areas to identify
and count northern fur seals on land,
their response to the presence and
absence of construction activities and
the timing of arrival beginning the last
week of April. In addition to counts of
northern fur seals monitoring will also
record the type and duration of
construction activities at each site
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Sfmt 4703
where northern fur seals are identified
to evaluate the construction actions
potential contribution to the responses
observed. Gorbatch and Ardiguen
breeding areas will provide control
areas with no construction activities to
compare the timing of arrival and
response of male northern fur seals at
Reef. NMFS AKR will consider beforeafter/control-impact (see Underwood,
1994) study design in the final
monitoring plan, method and analysis.
NMFS AKR will have monitors check
the site every morning before the arrival
of field crew personnel for seal presence
and provide the best route. In addition,
they would be able to complete a
‘‘before’’ count that could provide a
baseline for estimating incidental take.
Information recorded by observers
will include: species counts, life history
stage (e.g., adult, sub-adult, pup, etc.)
numbers of observed disturbances (e.g.,
flushed into the water; moving more
than 1 m [3.3 ft], but not into the water;
becoming alert and moving, but do not
move more than 1 m; and changing the
direction of current movement),
descriptions of the disturbance
behaviors and responses during
construction activities, closest point of
approach to field crew personnel, as
well as the date, time, and weather
conditions. Observations of stampeding,
other unusual behaviors, numbers, or
distributions of pinnipeds at St. Paul
Island will be reported to NMFS’ NMML
so that any potential follow-up
observations can be conducted by the
appropriate personnel. Weather
observations should be recorded during
activities and observations as they have
strong influence on the presence/
absence and behavior of pinnipeds and
propagation of human scent. In
addition, any chance observations of
tag-bearing pinnipeds (including
carcasses) as well as any rare or unusual
species of marine mammals will be
reported to NMFS.
If at any time injury, serious injury, or
death of any marine mammal occurs
that may be a result of the proposed
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
Impacts from the proposed activities
on northern fur seals and their habitat
are expected to be temporary and occur
to a small, localized population of
marine mammals. The effects on the
habitat from the proposed construction
activities are not expected to have an
effect on recruitment or survival rates.
Due to the limited duration, and
monitoring and mitigation measures
described above, which include
seasonal restrictions, takes will not
occur during times of significance for
marine mammals. The estimated
incidental ‘‘take by harassment’’ of 579
adult male and 1,000 sub-adult male
(1,579 total individuals) northern fur
seals during the proposed action is
approximately 0.24 percent of the
estimated minimum (654,437
individuals) population of the Eastern
Pacific stock.
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 preliminarily finds that NMFS
AKR’s proposed activities would result
in the incidental take of small numbers
of marine mammals, by Level B
harassment only, and that the total
taking from the construction activities
would have a negligible impact on the
affected species or stocks of marine
mammals.
Encouraging and Coordinating
Research
Coordination and collaboration with
Tribal ECO will be accomplished to
partner with and potentially utilize
local sentinels currently implementing a
long-term monitoring program on St.
Paul Island. Dr. Paul Wade at the
NMML has conducted work at this site
related to offshore observations of killer
whales, and NMFS AKR will coordinate
with Dr. Wade if necessary. Northern fur
seal researchers at the NMML and North
Pacific Universities Marine Mammal
Consortium do not begin their work
until the arrival of adult females in late
June, but NMFS AKR will contact the
Principal Investigators to ensure their
plans have not changed and whether
their research may overlap with this
project.
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construction activities, NMFS AKR will
suspend construction activities and
contact NMFS immediately to
determine how best to proceed to ensure
that another injury or death does not
occur and to ensure that the applicant
remains in compliance with the MMPA.
Any takes of marine mammals other
than those authorized by the IHA, as
well as any injuries or deaths of marine
mammals, will be reported to the Alaska
Regional Administrator and NMFS
Office of Protected Resources, within 24
hours. NMFS AKR will submit a draft
report to NMFS within 90 days of
completing the replacement and repair
activities. The monitoring report would
contain a summary of information
gathered pursuant to the monitoring and
mitigation requirements set forth in the
IHA, including detailed descriptions of
observations of any marine mammal, by
species, number, age class, and sex,
whenever possible, that is sighted in the
vicinity of the proposed project area;
description of the animal’s observed
behaviors, and the activities occurring at
the time. The location and time of each
animal sighting will also be included. A
final report must be submitted to the
Regional Administrator and Chief of the
Permits, Conservation, and Education
Division within 30 days after receiving
comments from NMFS on the draft final
report. If no comments are received
from NMFS, the draft final report will
be considered to be the final report.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
Under the MMPA, NMFS must
determine that an activity would not
have an unmitigable adverse impact on
the subsistence needs for marine
mammals. While this includes usage of
both cetaceans and pinnipeds, the
primary impact by construction
activities is expected to be impacts from
replacement and repair of fur seal
research observation towers and
walkways on northern fur seals. In 50
CFR 216.103, NMFS has defined
unmitigable adverse impact as:
An impact resulting from the
specified activity: (1) that is likely to
reduce the availability of the species to
a level insufficient for a harvest to meet
subsistence needs by: (i) causing the
marine mammals to abandon or avoid
hunting areas, (ii) directly displacing
subsistence users, or (iii) placing
physical barriers between the marine
mammals and the subsistence hunters;
and (2) that cannot be sufficiently
mitigated by other measures to increase
the availability of marine mammals to
allow subsistence needs to be met.
Northern fur seals are not allowed to
be harvested on land by Alaska Natives
Negligible Impact and Small Numbers
Analysis and Determination
The regulations at CFR 216.103 states
that ‘‘negligible impact is 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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15:07 Mar 09, 2010
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outside the harvest season described at
50 CFR 216.72. And 50 CFR 216.72(c)(1)
states that ‘‘no fur seal may be taken on
the Pribilof Islands before June 23 of
each year.’’ Therefore there will be no
impact on subsistence use of northern
fur seals. Steller sea lion subsistence
hunting occurs during the winter and
spring on the Reef Peninsula. Steller sea
lion subsistence hunting does not occur
at the tower and walkway sites on Reef
Rookery. Hunting effort is primarily
located at Gorbatch and Ardiguen
Rookeries as well as the bluffs along the
east shore to the north of Reef Rookery.
Other sea lion hunting areas are not
typically associated with fur seal towers
and walkways and therefore would not
be affected.
NMFS AKR has discussed the
potential overlap between the
construction season and location with
subsistence hunting with the Tribal
Government of St. Paul Island’s
Ecosystem Conservation Office (Tribal
ECO) staff. The NMFS AKR has ongoing
communication with Steller sea lion
hunters through the Tribal Government
of St. Paul Island. As part of the
cooperative management agreement
between NMFS and the Tribal
Government of St. Paul under section
119 of the MMPA, NMFS regularly
communicates agency project plans and
subsistence needs and activities. Most
subsistence activities occur during the
summer per the subsistence harvest
regulations at 50 CFR 216 subpart F.
Annual reports submitted to NMFS of
subsistence marine mammal harvests
indicate most hunting occurs at
Northeast Point. Winter subsistence
harvests occur at many locations
surrounding St. Paul Island and are not
concentrated at any locations where
tower or walkway work would be
conducted.
The number of individual northern
fur seals likely to be impacted by
construction operations is expected to
be relatively low. With the proposed
monitoring and mitigation measures
described above, which include
seasonal restrictions, the construction
operations are not expected to cause
seals to abandon/avoid subsistence
hunting areas, directly displace
subsistence users, or place physical
barriers between the marine mammals
and the subsistence hunters. Effects on
most individual seals are expected to be
limited to localized and temporary
displacement (Level B harassment). The
taking by harassment is not expected to
result in an unmitigable adverse impact
on the availability of such species for
taking for subsistence uses.
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Federal Register / Vol. 75, No. 46 / Wednesday, March 10, 2010 / Notices
Endangered Species Act (ESA)
For the reasons already described in
this Federal Register Notice, NMFS has
determined that the described proposed
construction activities and the
accompanying IHA are not anticipated
to have the potential to adversely affect
species under NMFS jurisdiction and
protected by the ESA. Consequently,
NMFS has determined that a Section 7
consultation is not required. The
northern fur seal, which is the only
species of marine mammal under NMFS
jurisdiction likely to occur in the
proposed action area, is not listed under
the ESA.
National Environmental Policy Act
(NEPA)
With its complete application, NMFS
AKR prepared a draft final
Environmental Assessment for Issuance
of an Incidental Harassment
Authorization for Replacement and
Repair of Northern Fur Seal Observation
Towers and Walkways on St. Paul
Island, Alaska, which analyzed the
direct, indirect and cumulative
environmental impacts of the proposed
specified activities on marine mammals
including those listed as threatened or
endangered under the ESA. Prior to
making a final decision on the IHA
application, NMFS will either prepare
an independent EA, or after review and
evaluation of NMFS AKR EA for
consistency with regulations published
by the Council on Environmental
Quality (CEQ) and NOAA
Administrative Order 216–6,
Environmental Review Procedures for
Implementing NEPA, adopt the NMFS
AKR EA and make a decision of
whether or not to issue a Finding of No
Significant Impact (FONSI). A copy of
the draft final EA will be available upon
request (see ADDRESSES).
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Preliminary Determinations
Based on NMFS AKR’s application, as
well as the analysis contained herein,
NMFS has preliminarily determined
that the impact of the described
replacement and repair operations will
result, at most, in a temporary
modification in behavior by small
numbers of northern fur seals. The effect
of the proposed construction activities
is expected to be limited to short-term
and localized behavioral changes.
Due to the infrequency, short timeframe, and localized nature of these
activities, the number of marine
mammals, relative to the population
size, potentially taken by harassment is
expected to be small. In addition, no
take by injury (Level A harassment),
serious injury, and/or death is
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15:07 Mar 09, 2010
Jkt 220001
anticipated or authorized, and take by
Level B harassment will be at the lowest
level practicable due to incorporation of
the proposed monitoring and mitigation
measures mentioned previously in this
document. NMFS has further
preliminarily determined that the
anticipated takes will have a negligible
impact on the affected species or stock
of marine mammals. Also, the proposed
construction project is not expected to
result in an unmitigable adverse impact
on subsistence uses of this species.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to NMFS AKR for the
harassment of small numbers (based on
populations of the species and stock) of
northern fur seals incidental to
construction operations on St. Paul
Island, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: March 2, 2010.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2010–5012 Filed 3–9–10; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XU91
Mid-Atlantic Fishery Management
Council; Atlantic Mackerel, Butterfish,
Atlantic Bluefish, Spiny Dogfish,
Summer Flounder, Scup, Black Sea
Bass, Tilefish, Surfclam, and Ocean
Quahog Annual Catch Limits and
Accountability Measures Omnibus
Amendment
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Supplemental Notice of Intent
to prepare an environmental assessment
(EA); request for comments.
SUMMARY: The Mid-Atlantic Fishery
Management Council (Council)
announces its intention to prepare, in
cooperation with NMFS, an EA in
accordance with the National
Environmental Policy Act (NEPA) to
assess potential effects on the human
environment of alternative measures to
address the Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requirements
for annual catch limits (ACLs) and
accountability measures (AMs) in an
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Fmt 4703
Sfmt 4703
11129
Omnibus Amendment to the fishery
management plans (FMPs) for Atlantic
mackerel, butterfish, Atlantic bluefish,
spiny dogfish, summer flounder, scup,
black sea bass, tilefish, surfclams, and
ocean quahogs.
This supplemental notice is to alert
the interested public of the Council’s
intent to change the level of NEPA
analysis from an Environmental Impact
Statement (EIS) to an EA. In addition,
this supplement announces an
opportunity for the public to comment
on the change.
DATES: Written comments must be
received on or before 5 p.m., EST, on
March 25, 2010.
ADDRESSES: Written comments may be
sent by any of the following methods:
• E-mail to the following address:
0648–XU91@noaa.gov;
• Mail or hand deliver to Daniel T.
Furlong, Executive Director, MidAtlantic Fishery Management Council,
800 North State Street, Suite 201, Dover,
DE 19901. Mark the outside of the
envelope ‘‘Omnibus Amendment:
National Standard 1 Requirements
Comments’’; or
• Fax to (302) 674–5399.
Questions about this action may be
directed to the Council office at the
previously provided address, or by
request to the Council by telephone
(302) 674–2331.
FOR FURTHER INFORMATION CONTACT: Mr.
Daniel T. Furlong, Mid-Atlantic Fishery
Management Council, Room 800 North
State Street, Suite 201, Dover, DE 19901,
(telephone 302–674–2331).
SUPPLEMENTARY INFORMATION: On March
24, 2009, the Council announced its
intention to prepare, in cooperation
with NMFS, an EIS in accordance with
NEPA to assess potential effects on the
human environment of alternative
measures to address the new MagnusonStevens Act requirements for ACLs and
AMs (74 FR 12314). The Council has
been in the process of developing an
Omnibus Amendment to the FMPs for
Atlantic mackerel, butterfish, Atlantic
bluefish, spiny dogfish, summer
flounder, scup, black sea bass, tilefish,
surfclams, and ocean quahogs to address
ACL and AM requirements since 2008.
During the development that has
occurred to date for the Omnibus
Amendment, three public scoping
hearings have been conducted, and the
Council has conducted numerous
Fishery Management Action Team
(FMAT) Omnibus Amendment
Committee, and full Council meetings,
wherein approaches and potential
alternatives have been discussed. These
discussions have included public
participation. The development process
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11121-11129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5012]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU31
Incidental Takes of Marine Mammals During Specified Activities;
Replacement and Repair of Fur Seal Research Observation Towers and
Walkways on St. Paul Island, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed Incidental Harassment Authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received an application from the NMFS, Alaska Region
(NMFS AKR) for an Incidental Harassment Authorization (IHA) to take
small numbers of marine mammals, by Level B harassment, incidental to
conducting replacement and repair of northern fur seal research
observation towers and walkways on St. Paul Island,
[[Page 11122]]
Alaska, from April to June and December, 2010. NMFS has reviewed the
application, including all supporting documents, and determined that it
is adequate and complete. Pursuant to the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to issue an IHA to
NMFS AKR to take, by Level B harassment only, marine mammals incidental
to specified activities within the specified geographic region.
DATES: Comments and information must be received no later than April
9, 2010.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing email comments is PR1.0648-XU31@noaa.gov. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
All comments received are a part of the public record and will
generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet 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.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization to take small numbers of marine mammals by
harassment 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 (where relevant), and if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth to achieve the
least practicable adverse impact. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ''...an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except with respect to certain activities not pertinent here, the MMPA
defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential to disturb a marine
mammal or marine mammal stock in the wild by causing disruption of
behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering [Level B
harassment].
16 USC 1362(18).
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 for any proposed authorizations for the incidental harassment 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 February 2, 2010, NMFS received a letter from NMFS AKR
requesting an IHA to authorize the take, by Level B harassment, of
small numbers of northern fur seals (Callorhinus ursinus) incidental to
conducting replacement and repair operations for fur seal research
observation towers and walkways on St. Paul Island, Alaska.
NMFS is currently contracting demolition, repair, and select
replacement of northern fur seal observation towers and walkways. The
original timing restrictions for this project would have allowed human
presence and work on the rookeries only until April 20, 2010, which
would have made the incidental take of northern fur seals unlikely.
However, the proposed construction season has been extended to the
first week of June in order to provide flexibility in the construction
schedule to complete the replacement and repair of the observation
towers and walkways during a single winter and spring season. NMFS AKR
has identified a need to authorize the incidental taking of northern
fur seals hauling out on St. Paul Island during their intermittent and
early season presence through early June.
The purpose of the replacement and repair operations is to provide
safe access for fur seal researchers into the dense breeding
aggregations of northern fur seals. Safe access for researchers is
required because northern fur seals exhibit strong site fidelity,
tenacity, and high levels of aggression within dense aggregations. In
addition, non-territorial fur seals are sensitive to human presence
within and near breeding areas as a result of visual, auditory, and
olfactory stimuli. The observation towers and walkways provide elevated
access to observe and count breeding and resting fur seals, reducing
stimuli that influence fur seal behavior. Additional information on the
construction project is contained below and in the IHA application,
which is available upon request (see ADDRESSES).
Description of the Proposed Specified Activities
NMFS AKR is currently contracting demolition, repair and select
replacement of northern fur seal research infrastructure on St. Paul
Island, Alaska. The objective of this work is to repair 47 fur seal
observation towers and their associated walkways within fur seal
breeding areas around the island. Prior to the replacement phase of the
project, old towers and walkways will need to be demolished. The
replacement work will occur at the Reef rookery (i.e., breeding area),
if funding is available in future years it will occur at other sites.
Seven observation towers will be replaced at the Reef rookery, and the
long term plan is to replace and repair the remaining 40 towers at the
other rookeries around the island (depending on funding).
Construction crews will be using hand carpentry techniques,
possibly supplemented with small gasoline generators, and pneumatic
tools. Most construction sites are inaccessible to
[[Page 11123]]
vehicles with the exception of all-terrain vehicles and equipment or
snow machines, if conditions allow. Crews will be primarily accessing
the immediate worksites by foot. The proposed action includes summer
and fall construction restrictions to protect northern fur seals from
disturbances during the breeding and pup rearing period. Repair and
replacement activities will include human presence within the fur seal
breeding areas and use of all-terrain and four-wheel drive vehicles to
transport personnel, equipment, and materials. Construction crews will
use hand and power tools, gas-powered generators, and air compressors.
Construction crews will need to demolish and remove old towers and
walkways prior to replacement of new structures. Large boulders or
uneven terrain will be altered to facilitate construction or access to
areas where new foundations are to be placed.
NMFS AKR biologists will begin daily marine mammal monitoring for
the presence of fur seals on April 20, 2010 and record the number and
response of northern fur seals to the proposed actions until June 7,
2010. Construction activities will cease and demobilization will begin
if the incidental taking of northern fur seals is predicted to exceed
that authorized in the IHA prior to June 1, 2010, otherwise all
activities will be completed on the rookeries by June 7, 2010.
Additional details regarding the proposed action can be found in
the IHA application and Draft Environmental Assessment (EA).
Proposed Dates, Duration, and Location of Specified Activity
The research walkways and towers will be repaired and replaced on
St. Paul Island, Alaska from January 4, 2010, through June 7, 2010, and
again in December, 2010 if necessary and authorized. The proposed dates
of the authorization will be from April 20 to June 7, 2010, and
December 1 to 31, 2010, which is during the presence of fur seals at
the location of the specified activity. See below for information
regarding when northern fur seals arrive (i.e., when incidental take
starts occurring).
Description of Marine Mammals and Habitat Affected in the Proposed
Activity Area
Several marine mammal species are known to or could occur in the
Bering Sea off the Alaska coastline (see Table 1 below). The northern
fur seal is the only species of marine mammal managed by NMFS that may
be present in the project area during the construction project.
Northern fur seals are not listed as threatened or endangered under the
Endangered Species Act (ESA), but are designated as depleted under the
MMPA. Other marine mammal species managed by NMFS that inhabit the
Bering Sea, but are not anticipated to occur in the Bering Sea project
area during the replacement and repair activities, are listed in Table
1 (below). Polar bears and Pacific walrus also occur in the Bering Sea,
but they are not addressed further, since they are managed under the
jurisdiction of the U.S. Fish and Wildlife Service (USFWS).
The marine mammals that occur in the proposed action area belong to
four taxonomic groups: mysticetes (baleen whales), odontocetes (toothed
whales), pinnipeds (seals, sea lions, and walrus), and carnivores
(polar bears). Table 1 below outlines the marine mammal species and
their habitat in the region of the proposed activity area.
Table 1. The Habitat and Conservation Status of Marine Mammals Inhabiting the Proposed Sstudy Area in the U.S.
Bering Sea off of Alaska.
----------------------------------------------------------------------------------------------------------------
Species Habitat ESA\1\
----------------------------------------------------------------------------------------------------------------
Mysticetes Pack ice and coastal EN
Bowhead whale (Balaena mysticetus)
----------------------------------------------------------------------------------------------------------------
North Pacific right whale (Eubalaena japonica) Coastal and shelf EN
----------------------------------------------------------------------------------------------------------------
Gray whale (Eschrichtius robustus) Coastal and lagoons NL
----------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera novaeangliae) Mainly nearshore waters and EN
banks
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera acutorostrata) Shelf and coastal NL
----------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera borealis) Primarily offshore and EN
pelagic
----------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera physalus) Slope, mostly pelagic EN
----------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera musculus) Pelagic and coastal EN
----------------------------------------------------------------------------------------------------------------
Odontocetes Widely distributed NL
Killer whale (Orcinus orca)
----------------------------------------------------------------------------------------------------------------
Beluga whale (Delphinapterus leucas) Coastal, ice edges NL
----------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius bairdii) Pelagic NL
----------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale (Mesoplodon stejnegeri) Likely pelagic NL
----------------------------------------------------------------------------------------------------------------
Harbor porpoise (Phocoena phocoena) Coastal, inland waters NL
----------------------------------------------------------------------------------------------------------------
Dall's porpoise (Phocoenoides dalli) Slope, offshore waters NL
----------------------------------------------------------------------------------------------------------------
Pinnipeds Pelagic, breeds coastally NL
Northern fur seal (Callorhinus ursinus)
----------------------------------------------------------------------------------------------------------------
[[Page 11124]]
Steller sea lion (Eumetopias jubatus) Mostly pelagic, high relief EN
----------------------------------------------------------------------------------------------------------------
Bearded seal (Erignathus barbatus) Ice NL
----------------------------------------------------------------------------------------------------------------
Spotted seal (Phoca largha) Pack ice Proposed T (Southern
DPS)
NL (Okhotsk and Bering
DPSs)
----------------------------------------------------------------------------------------------------------------
Ringed seal (Phoca hispida) Landfast and pack ice NL
----------------------------------------------------------------------------------------------------------------
Ribbon seal (Histriophoca fasciata) Landfast and pack ice NL
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal (Phoca vitulina richardsi) Coastal NL
----------------------------------------------------------------------------------------------------------------
Pacific Walrus (Odobenus rosmarus divergens) Ice, coastal NL
----------------------------------------------------------------------------------------------------------------
Carnivores Ice, coastal T
Polar bear (Ursus maritimus marinus)
----------------------------------------------------------------------------------------------------------------
\1\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL = Not listed
Not all of these species (listed in Table 1 above) are expected to
be harassed from the described proposed activities. Because the
activities are occurring on land, only northern fur seals are expected
to be disturbed by the project.
Northern fur seals (Callorhinus ursinus) are likely to be found
within the activity area. Northern fur seals are seasonal residents on
St. Paul Island, and may be found on the breeding and resting areas
around the island from late April until early December.
Adult males are the most likely group of northern fur seals to be
encountered on St. Paul during the spring of 2010. By June 1, 2010,
NMFS estimates about 50 percent of the maximum count of adult males
will be on all the St. Paul Island breeding areas of 4,976 adult male
northern fur seals. NMFS' estimate includes territorial males, and non-
territorial males.
In addition, NMFS estimates intermittent arrival and departure of
few sub-adult males during the winter and spring. Most sub-adult male
seals begin arriving during the last week of May resulting in a few
tens to a hundred seals at any of the hauling grounds on St. Paul
Island (Gentry, 1981)
Northern Fur Seal
Northern fur seals occur from southern California north to the
Bering Sea and west to the Okhotsk Sea and Honshu Island, Japan. During
the summer breeding season, most of the worldwide population is found
on the Pribilof Islands in the southern Bering Sea, with the remaining
animals on rookeries in Russia, on Bogoslof Island in the southern
Bering Sea, and on San Miguel Island off Southern California (Lander
and Kajimura, 1982; NMFS, 1993). This species may temporarily haul-out
onto land at other sites in Alaska, British Columbia, and on islets
along the coast of the continental U.S., but generally do so outside of
the breeding season (Fiscus, 1983).
Northern fur seals are colonial breeding pinnipeds that exhibit
strong site fidelity and currently breed on a few islands in the North
Pacific Ocean and Bering Sea. Adult male fur seals, about three to five
times larger than females, arrive at rookeries prior to the late June/
July breeding season and defend territories within the rookery.
Beginning in mid-June the rookeries are occupied by breeding females,
who within a few days give birth and begin nursing their single pup.
Lactating females cycle between on shore attendance and at-sea foraging
trips during the nursing period (July to November).
NMFS designated the Pribilof Islands northern fur seal population
depleted on June 17, 1988 (53 FR 17888) because it declined to less
than 50 percent of levels observed in the late 1950s and no compelling
evidence suggested that the northern fur seal carrying capacity of the
Bering Sea had changed substantially since the late 1950s. Towell and
Ream (2008) report that the 2008 pup production estimate for St. Paul
Island was 6.6 percent less than the estimate in 2006. The 2008 pup
production estimate for St. George Island was 6.4 percent greater than
the estimate in 2006. Since the depleted designation in 1988 pup
production on St. Paul Island has declined by 40 percent (171,610 pups
born to 102,674) and on St. George Island by 27 percent (24,280 pups
born to 18,160).
Male northern fur seals arrive on all of their breeding islands in
reverse proportion to their age. That is, the oldest seals arrive first
followed by progressively younger seals. Thus adult males nine years
old and older arrive as early as late April and persist intermittently
at first and then permanently (for territorial males) for the duration
of their tenure on the island which generally ranges for about 30 to 60
days (Gentry, 1998). All non-territorial males (i.e., younger than 7
years old) arrive on the island and cycle between fasting and resting
on shore and foraging trips at sea from June through November (Sterling
and Ream, 2004). Fur seals can be observed on and near St. Paul Island
in nearly every month of the year, but the probability of encountering
a hauled-out fur seal in any month from December until April is highly
uncertain and near zero for any particular day.
Two separate stocks of northern fur seals are recognized within
U.S. waters, an Eastern Pacific stock and a San Miguel Island stock.
The most recent estimate for the number of fur seals in the Eastern
Pacific stock, based on pup counts from 2002 on Sea Lion Rock, from
2006 on the Pribilof Islands, and from 2005 on Bogoslof Island is
665,500 animals. The minimum population estimate is 654,437 animals;
this estimate includes the first pup counts on Bogoslof Island in more
than 5 years and does not indicate population increase.
NMFS anticipates that no northern fur seals will be injured,
seriously injured,
[[Page 11125]]
or killed during the replacement and repair activities with
incorporation of the described proposed mitigation and monitoring
measures. Because of the proposed mitigation and monitoring
requirements discussed in this document, NMFS and NMFS AKR believes it
is highly unlikely that the proposed activities would have the
potential to injure (Level A harassment), or cause serious injury, or
mortality of northern fur seals; however, they may temporarily leave or
avoid the area where the proposed construction activities may occur,
thus resulting in Level B harassment. NMFS AKR has requested the
incidental take of 579 adult male northern fur seals (9,785 times) and
1,000 sub-adult northern male fur seals (one time) or 1,579 total
individual northern fur seals for the proposed action. The requested
take is approximately 0.24 percent of the estimated minimum (654,437)
Eastern Pacific stock. NMFS has determined that the number of requested
incidental takes for the proposed action is small relative to
population estimates of northern fur seals.
Further information on the biology and local distribution of these
species and others in the region can be found in NMFS AKR's
application, which is available upon request (see ADDRESSES), and the
NMFS Marine Mammal Stock Assessment Reports, which are available online
at: https://www.nmfs.noaa.gov/pr/species/.
Potential Effects of Activities on Marine Mammals
All anticipated takes likely to occur incidental to the proposed
construction activities would be Level B harassment (as defined in 50
CFR 216.3), involving short-term, temporary changes in behavior.
Incidental harassment may result if hauled-out animals move away from
the field crew personnel. For the purpose of estimating the number of
pinnipeds taken by these activities, NMFS assumes that pinnipeds that
move or change the direction of their movement in response to the
presence of field crew personnel are taken by Level B harassment.
Animals that merely raise their head and look at the field crew
personnel are not considered to have been taken.
Some adult seals may depart, but NMFS AKR anticipates most will
alter their activity budgets due to stimuli related construction. NMFS
used the 2006 adult male counts because they were available and
partitioned by section, and because the continued decline of northern
fur seals provided us with a conservative (i.e., biased high) estimate.
NMFS estimates about five percent of the adult males, less than one
percent of sub-adult males, and no females or pups on St. Paul Island
will be exposed to the proposed construction activities. NMFS
anticipates sub-adult seals will be displaced from their resting areas
if encountered during construction. The NMFS AKR anticipates there will
be no significant impact on the species or stock of northern fur seals
from the proposed construction activity on the rookeries prior to and
after the breeding season.
Given the considerations noted above, and the small proportion of
the total northern fur seal population potentially disturbed by the
proposed construction activity, the effects of operations are expected
to be limited to short-term and localized displacement (behavioral
changes) within the work sites involving relatively small numbers of
seals. The effects of the proposed construction operations fall within
the MMPA definition of Level B harassment. The impacts of the proposed
construction activities are expected to be negligible for the northern
fur seal stock and populations.
Potential Effects of Activities on Marine Mammal Habitat
The NMFS AKR does not anticipate any negative impact on northern
fur seal habitat from the demolition, repair, and replacement of
observation towers and walkways on St. Paul Island. These structures
have been located in nearly the same areas for at least 50 years at
some locations and northern fur seals continue to use the habitat
around the structures. The demolition and removal of condemned
structures will restore some small areas of fur seal habitat. The
replacement and repair of observation towers and walkways will likely
result in no net change or modification to marine mammal habitat.
Consequently, construction activities are anticipated to have a
negligible impact on the local northern fur seal population and their
habitat.
Number of Marine Mammals Expected to be Incidentally Taken by the
Proposed Activity
The NMFS AKR is requesting take, by Level B harassment only, of
male northern fur seals. The method of taking will be from a
combination of human presence, scent, and airborne construction noise.
Table 2. Summary of incidental taking by harassment of northern fur seals during construction activities on St. Paul Island
Prior to April Week 1 Week 2 Week 3 Week 4 week 5 Total
25, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adult Male Northern Fur Seal 0 8 seals taken 115 seals taken 232 seals taken 463 seals taken 579 seals taken 579 seals taken
58 times 811 times 1,621 times 3,242 times 4,053 times 9,785 times
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-adult Male Fur Seal 50 seals taken 50 seals taken 150 seals taken 200 seals taken 250 seals taken 300 seals taken 1,000 seals
once once once once once once taken once
--------------------------------------------------------------------------------------------------------------------------------------------------------
Most adult male northern fur seals will be incidentally taken by
harassment multiple times. NMFS AKR anticipates approximately 230 of
the 579 adult males will be taken once. These single takes by
harassment are of the estimated non-territorial adult males predicted
to be present and will likely depart due to the noise, presence or
scent of the construction activities on the rookery. NMFS estimates the
remaining 349 adult male northern fur seals are territorial at Reef
rookery on St. Paul Island during the five week period beginning late
April, 2010 and will not depart. NMFS predicts these territorial males
may change the time spent in certain behaviors due to the presence,
noise, or scent due to construction activities on the rookery.
The number of incidental takes by harassment was derived from 2006
adult male counts from the National Marine Mammal Laboratory (NMML)
from Reef rookery (Fowler et al., 2006) and was
[[Page 11126]]
corrected based on the timing of arrival curve from Gentry (1998).
Rookeries are divided into sections allowing easier tabulation of
counts and the maximum counts in each section have been divided by the
percentage estimated on land for each week in Tables 3a to 3e (below).
NMFS summed the daily take estimates into weekly bins (Table 3a to 3e)
because few animals were predicted on land in late April and early May,
but those few animals would likely to be taken repeatedly during the
week and every subsequent week. Table 3 shows fractional daily taking
within each section, summed for the week, and rounded up into Table 2.
NMFS estimates an additional 1,000 sub-adult male seals may be
encountered during the construction or repair activities at Reef or
other rookeries (Table 2).
Table 3a. Estimated daily take of adult male northern fur seals on Reef rookery for the last week of April. Estimate based on one percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 0.13 0.26 0.27 0.1 0.22 0.21 0.05 0.27 0.22 0.11 0.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 0.48 0.81 0.63 0.46 0.67 0.7 0.01 0.66 0.37 0.28 0.04
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 0.08 0.27 0.4 0.47 0.31 0.13 0.15 0.31 0.34 0.72 1.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 1: 57.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3b. Estimated daily take of adult male northern fur seals on Reef rookery for the first week of May. Estimate based on 10 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 1.3 2.6 2.7 1 2.2 2.1 0.5 2.7 2.2 1.1 0.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 4.8 8.1 6.3 4.6 6.7 7 0.1 6.6 3.7 2.8 0.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 0.8 2.7 4 4.7 3.1 1.3 1.5 3.1 3.4 7.2 14.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 2: 810.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3c. Estimated daily take of adult male northern fur seals on Reef rookery for the second week of May. Estimate based on 20 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 2.6 5.2 5.4 2 4.4 4.2 1 5.4 4.4 2.2 0.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 9.6 16.2 12.6 9.2 13.4 14 0.2 13.2 7.4 5.6 0.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 1.6 5.4 8 9.4 6.2 2.6 3 6.2 6.8 14.4 28.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 3: 1621.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3d. Estimated daily take of adult male northern fur seals on Reef rookery for the third week of May. Estimate based on 40 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 5.2 10.4 10.8 4 8.8 8.4 2 10.8 8.8 4.4 1.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 19.2 32.4 25.2 18.4 26.8 28 0.4 26.4 14.8 11.2 1.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 3.2 10.8 16 18.8 12.4 5.2 6 12.4 13.6 28.8 56.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 4:
3242.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 11127]]
Table 3e. Estimated daily take of adult male northern fur seals on Reef rookery for the last week of May. Estimate based on 50 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 6.5 13 13.5 5 11 10.5 2.5 13.5 11 5.5 1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 24 40.5 31.5 23 33.5 35 0.5 33 18.5 14 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 4 13.5 20 23.5 15.5 6.5 7.5 15.5 17 36 71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 5: 4053
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS and NMFS AKR estimate that the incidental ``take by
harassment'' could be up to 579 adult male northern fur seals taken
9,785 times and 1,000 sub-adult male northern fur seals taken once
during the proposed action.
Proposed Mitigation
In order to issue an Incidental Take Authorization 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.
Northern fur seals are the only marine mammal species managed by
NMFS expected to be present in the project area during the planned
construction activities. The construction season has been chosen based
on the minimum likelihood of encountering breeding and nursing northern
fur seals. The amount of work and weather conditions during the winter
season necessitates providing some contingency arrangements for work to
be completed when few if any fur seals are found on land. In addition,
the outlying periods requested are prior to the arrival and after the
departure of the most sensitive fur seals (i.e., adult females and
unweaned pups). Gentry (1998) experimented with complete displacement
in early June of territorial males from their terrestrial sites. He
found that over 80 percent of adult males returned with in seven hours
to their original territory site with less aggression than required to
originally secure the site. Thus territorial adult males are highly
resistant to disturbance at the time of year NMFS AKR is requesting
authorization for incidental harassment. Some individual territorial
males were so resistant to harassment that it required four to six
people with poles and noisemakers to move them from their sites.
Thus, the combination of a winter and spring construction season
along with incidental harassment of small numbers of adult and sub-
adult male northern fur seals will minimize the potential for adverse
impacts to the population and habitat. The habitat is further protected
because the ground is frozen and resistant to erosion and degradation
due to vehicle traffic. In addition to the mitigation described above,
NMFS AKR will also limit field personnel to approaching sites
cautiously, choosing a route that minimizes the potential for
disturbance of pinnipeds; and after each site visit, the site will be
vacated as soon as possible so that it can be re-occupied by pinnipeds
that may have been disturbed. The implementation of a monitoring and
mitigation program is expected by NMFS to achieve the least practicable
adverse impact upon the affected species or stock.
Proposed Monitoring and 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.
NMFS AKR will begin marine mammal monitoring at Reef, Gorbatch, and
Ardiguen breeding areas to identify and count northern fur seals on
land, their response to the presence and absence of construction
activities and the timing of arrival beginning the last week of April.
In addition to counts of northern fur seals monitoring will also record
the type and duration of construction activities at each site where
northern fur seals are identified to evaluate the construction actions
potential contribution to the responses observed. Gorbatch and Ardiguen
breeding areas will provide control areas with no construction
activities to compare the timing of arrival and response of male
northern fur seals at Reef. NMFS AKR will consider before-after/
control-impact (see Underwood, 1994) study design in the final
monitoring plan, method and analysis. NMFS AKR will have monitors check
the site every morning before the arrival of field crew personnel for
seal presence and provide the best route. In addition, they would be
able to complete a ``before'' count that could provide a baseline for
estimating incidental take.
Information recorded by observers will include: species counts,
life history stage (e.g., adult, sub-adult, pup, etc.) numbers of
observed disturbances (e.g., flushed into the water; moving more than 1
m [3.3 ft], but not into the water; becoming alert and moving, but do
not move more than 1 m; and changing the direction of current
movement), descriptions of the disturbance behaviors and responses
during construction activities, closest point of approach to field crew
personnel, as well as the date, time, and weather conditions.
Observations of stampeding, other unusual behaviors, numbers, or
distributions of pinnipeds at St. Paul Island will be reported to NMFS'
NMML so that any potential follow-up observations can be conducted by
the appropriate personnel. Weather observations should be recorded
during activities and observations as they have strong influence on the
presence/absence and behavior of pinnipeds and propagation of human
scent. In addition, any chance observations of tag-bearing pinnipeds
(including carcasses) as well as any rare or unusual species of marine
mammals will be reported to NMFS.
If at any time injury, serious injury, or death of any marine
mammal occurs that may be a result of the proposed
[[Page 11128]]
construction activities, NMFS AKR will suspend construction activities
and contact NMFS immediately to determine how best to proceed to ensure
that another injury or death does not occur and to ensure that the
applicant remains in compliance with the MMPA.
Any takes of marine mammals other than those authorized by the IHA,
as well as any injuries or deaths of marine mammals, will be reported
to the Alaska Regional Administrator and NMFS Office of Protected
Resources, within 24 hours. NMFS AKR will submit a draft report to NMFS
within 90 days of completing the replacement and repair activities. The
monitoring report would contain a summary of information gathered
pursuant to the monitoring and mitigation requirements set forth in the
IHA, including detailed descriptions of observations of any marine
mammal, by species, number, age class, and sex, whenever possible, that
is sighted in the vicinity of the proposed project area; description of
the animal's observed behaviors, and the activities occurring at the
time. The location and time of each animal sighting will also be
included. A final report must be submitted to the Regional
Administrator and Chief of the Permits, Conservation, and Education
Division within 30 days after receiving comments from NMFS on the draft
final report. If no comments are received from NMFS, the draft final
report will be considered to be the final report.
Encouraging and Coordinating Research
Coordination and collaboration with Tribal ECO will be accomplished
to partner with and potentially utilize local sentinels currently
implementing a long-term monitoring program on St. Paul Island. Dr.
Paul Wade at the NMML has conducted work at this site related to
offshore observations of killer whales, and NMFS AKR will coordinate
with Dr. Wade if necessary. Northern fur seal researchers at the NMML
and North Pacific Universities Marine Mammal Consortium do not begin
their work until the arrival of adult females in late June, but NMFS
AKR will contact the Principal Investigators to ensure their plans have
not changed and whether their research may overlap with this project.
Negligible Impact and Small Numbers Analysis and Determination
The regulations at CFR 216.103 states that ``negligible impact is
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.''
Impacts from the proposed activities on northern fur seals and
their habitat are expected to be temporary and occur to a small,
localized population of marine mammals. The effects on the habitat from
the proposed construction activities are not expected to have an effect
on recruitment or survival rates. Due to the limited duration, and
monitoring and mitigation measures described above, which include
seasonal restrictions, takes will not occur during times of
significance for marine mammals. The estimated incidental ``take by
harassment'' of 579 adult male and 1,000 sub-adult male (1,579 total
individuals) northern fur seals during the proposed action is
approximately 0.24 percent of the estimated minimum (654,437
individuals) population of the Eastern Pacific stock.
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 preliminarily finds that NMFS AKR's proposed activities
would result in the incidental take of small numbers of marine mammals,
by Level B harassment only, and that the total taking from the
construction activities would have a negligible impact on the affected
species or stocks of marine mammals.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
Under the MMPA, NMFS must determine that an activity would not have
an unmitigable adverse impact on the subsistence needs for marine
mammals. While this includes usage of both cetaceans and pinnipeds, the
primary impact by construction activities is expected to be impacts
from replacement and repair of fur seal research observation towers and
walkways on northern fur seals. In 50 CFR 216.103, NMFS has defined
unmitigable adverse impact as:
An impact resulting from the specified activity: (1) that is likely
to reduce the availability of the species to a level insufficient for a
harvest to meet subsistence needs by: (i) causing the marine mammals to
abandon or avoid hunting areas, (ii) directly displacing subsistence
users, or (iii) placing physical barriers between the marine mammals
and the subsistence hunters; and (2) that cannot be sufficiently
mitigated by other measures to increase the availability of marine
mammals to allow subsistence needs to be met.
Northern fur seals are not allowed to be harvested on land by
Alaska Natives outside the harvest season described at 50 CFR 216.72.
And 50 CFR 216.72(c)(1) states that ``no fur seal may be taken on the
Pribilof Islands before June 23 of each year.'' Therefore there will be
no impact on subsistence use of northern fur seals. Steller sea lion
subsistence hunting occurs during the winter and spring on the Reef
Peninsula. Steller sea lion subsistence hunting does not occur at the
tower and walkway sites on Reef Rookery. Hunting effort is primarily
located at Gorbatch and Ardiguen Rookeries as well as the bluffs along
the east shore to the north of Reef Rookery. Other sea lion hunting
areas are not typically associated with fur seal towers and walkways
and therefore would not be affected.
NMFS AKR has discussed the potential overlap between the
construction season and location with subsistence hunting with the
Tribal Government of St. Paul Island's Ecosystem Conservation Office
(Tribal ECO) staff. The NMFS AKR has ongoing communication with Steller
sea lion hunters through the Tribal Government of St. Paul Island. As
part of the cooperative management agreement between NMFS and the
Tribal Government of St. Paul under section 119 of the MMPA, NMFS
regularly communicates agency project plans and subsistence needs and
activities. Most subsistence activities occur during the summer per the
subsistence harvest regulations at 50 CFR 216 subpart F. Annual reports
submitted to NMFS of subsistence marine mammal harvests indicate most
hunting occurs at Northeast Point. Winter subsistence harvests occur at
many locations surrounding St. Paul Island and are not concentrated at
any locations where tower or walkway work would be conducted.
The number of individual northern fur seals likely to be impacted
by construction operations is expected to be relatively low. With the
proposed monitoring and mitigation measures described above, which
include seasonal restrictions, the construction operations are not
expected to cause seals to abandon/avoid subsistence hunting areas,
directly displace subsistence users, or place physical barriers between
the marine mammals and the subsistence hunters. Effects on most
individual seals are expected to be limited to localized and temporary
displacement (Level B harassment). The taking by harassment is not
expected to result in an unmitigable adverse impact on the availability
of such species for taking for subsistence uses.
[[Page 11129]]
Endangered Species Act (ESA)
For the reasons already described in this Federal Register Notice,
NMFS has determined that the described proposed construction activities
and the accompanying IHA are not anticipated to have the potential to
adversely affect species under NMFS jurisdiction and protected by the
ESA. Consequently, NMFS has determined that a Section 7 consultation is
not required. The northern fur seal, which is the only species of
marine mammal under NMFS jurisdiction likely to occur in the proposed
action area, is not listed under the ESA.
National Environmental Policy Act (NEPA)
With its complete application, NMFS AKR prepared a draft final
Environmental Assessment for Issuance of an Incidental Harassment
Authorization for Replacement and Repair of Northern Fur Seal
Observation Towers and Walkways on St. Paul Island, Alaska, which
analyzed the direct, indirect and cumulative environmental impacts of
the proposed specified activities on marine mammals including those
listed as threatened or endangered under the ESA. Prior to making a
final decision on the IHA application, NMFS will either prepare an
independent EA, or after review and evaluation of NMFS AKR EA for
consistency with regulations published by the Council on Environmental
Quality (CEQ) and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing NEPA, adopt the NMFS AKR EA and make a
decision of whether or not to issue a Finding of No Significant Impact
(FONSI). A copy of the draft final EA will be available upon request
(see ADDRESSES).
Preliminary Determinations
Based on NMFS AKR's application, as well as the analysis contained
herein, NMFS has preliminarily determined that the impact of the
described replacement and repair operations will result, at most, in a
temporary modification in behavior by small numbers of northern fur
seals. The effect of the proposed construction activities is expected
to be limited to short-term and localized behavioral changes.
Due to the infrequency, short time-frame, and localized nature of
these activities, the number of marine mammals, relative to the
population size, potentially taken by harassment is expected to be
small. In addition, no take by injury (Level A harassment), serious
injury, and/or death is anticipated or authorized, and take by Level B
harassment will be at the lowest level practicable due to incorporation
of the proposed monitoring and mitigation measures mentioned previously
in this document. NMFS has further preliminarily determined that the
anticipated takes will have a negligible impact on the affected species
or stock of marine mammals. Also, the proposed construction project is
not expected to result in an unmitigable adverse impact on subsistence
uses of this species.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to NMFS AKR for the harassment of small numbers (based on
populations of the species and stock) of northern fur seals incidental
to construction operations on St. Paul Island, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: March 2, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-5012 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S
