Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, CA, 10564-10569 [2011-4291]
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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
Authority: 16 U.S.C. 6902.
Dated: February 22, 2011.
Margo Schulze-Haugen,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2011–4296 Filed 2–24–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA191
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance at Northwest Seal Rock,
Del Norte County, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
St. George Reef Lighthouse Preservation
Society (SGRLPS) to incidentally harass,
by Level B harassment only, four
species of marine mammals during
aircraft operations, and lighthouse
renovation and light maintenance
activities on the St. George Reef Light
Station on Northwest Seal Rock (NWSR)
in the northeast Pacific Ocean, from the
period of February 18, 2011, through
April 30, 2011, or during the period of
November 1, 2011, through December
31, 2011.
DATES: This authorization is effective
from February 18, 2011, through April
30, 2011, and during the period of
November 1, 2011, through December
31, 2011.
ADDRESSES: A copy of the IHA and
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910. A copy of the application
containing a list of the references used
in this document may be obtained by
writing to the above address,
telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) or
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications. The
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SUMMARY:
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following associated documents are also
available at the same Internet address:
Environmental Assessment (EA)
prepared by NMFS; and the finding of
no significant impact (FONSI).
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 713–
2289 or Monica DeAngelis, NMFS
Southwest Regional Office, (562) 980–
3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16
U.S.C. 1371(a)(5)(D)) directs the
Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking by harassment of
small numbers of marine mammals of a
species or population stock, by United
States citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made, and a notice
of a proposed authorization is provided
to the public for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). The
authorization must set forth the
permissible methods of taking, other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat, and monitoring and
reporting of such takings. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘* * * an impact resulting
from the specified activity that cannot
be reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
establishes a 45-day time limit for
NMFS’ review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
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mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received a letter on October 13,
2010, from the SGRLPS requesting the
taking by harassment, of small numbers
of marine mammals, incidental to
aircraft operations and restoration and
maintenance activities on the St. George
Reef Light Station (Station). At NMFS’
request, the SGRLPS submitted a
complete and adequate application on
November 3, 2010. The SGRLPS aims to:
(1) Restore and preserve the Station on
a monthly basis (November 1–April 30,
annually); and (2) perform periodic,
annual maintenance on the Station’s
optical light system.
The Station, which is listed in the
National Park Service’s National
Register of Historic Places, is located on
Northwest Seal Rock (NWSR) offshore
of Crescent City, California in the
northeast Pacific Ocean.
The specified activities would occur
in the vicinity of a possible pinniped
haul out site located on NWSR.
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); (3) maintenance
activities (e.g., bulb replacement and
automation of the light system); and (4)
human presence, may have the potential
to cause any pinnipeds hauled out on
NWSR to flush into the surrounding
water or to cause a short-term
behavioral disturbance. These types of
disturbances are the principal means of
marine mammal taking associated with
these activities and the SGRLPS has
requested an authorization to take 204
California sea lions (Zalophus
californianus); 36 Pacific Harbor seals
(Phoca vitulina); 172 Steller sea lions
(Eumetopias jubatus); and six northern
fur seals (Callorhinus ursinus) by Level
B harassment.
Description of the Specified Activity
SGRLPS would conduct the proposed
activities (aircraft operations, lighthouse
restoration, and light maintenance
activities) between February 18, 2011,
through April 30, 2011, and during the
period of November 1, 2011, through
December 31, 2011, at a maximum
frequency of one session per month. The
duration for each session would last no
more than three days (e.g., Friday,
Saturday, and Sunday).
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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
Aircraft Operations
The SGRLPS would transport
personnel and equipment from the
California mainland to NWSR by a small
helicopter and would transport no more
than 15 work crew members and
equipment to NWSR. Each session
would require no more than 36
helicopter landings/takeoffs per month.
Lighthouse Restoration Activities
Restoration activities would include
the removal of peeling paint and plaster,
restoration of interior plaster and paint,
refurbishing structural and decorative
metal, reworking original metal support
beams throughout the lantern room and
elsewhere, replacing glass as necessary,
and upgrading the present electrical
system.
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Light Maintenance Activities
The SGRLPS would need to conduct
maintenance on the Station’s beacon
light at least once or up to two times per
year within the proposed work window.
Scheduled light maintenance activities
would coincide with lighthouse
restoration activities conducted monthly
during the period of February 18, 2011,
through April 30, 2011, or during the
period of November 1, 2011, through
December 31, 2011.
Emergency Light Maintenance
If the beacon light fails during the
period from February 18, 2011, through
April 30, 2011, or during the period of
November 1, 2011, through December
31, 2011, the SGRLPS would send a
crew of two to three people to the
Station by helicopter to repair the
beacon light. For each emergency repair
event, the SGRLPS would conduct a
maximum of four flights (two arrivals
and two departures) to transport
equipment and supplies.
In the case of an emergency repair
between May 1, 2011, and October 31,
2011, the SGRLPS would consult with
the NMFS Southwest Regional Office
(SWRO) biologist to best determine the
timing of the trips to the lighthouse, on
a case-by-case basis, based upon the
existing environmental conditions and
the abundance and distribution of any
marine mammals present on NWSR.
The SWRO would also ensure that the
SGRLPS’ request for incidental take
during emergency repairs would not
exceed the number of incidental take
authorized in the IHA.
NMFS has outlined the purpose of the
program in a previous notice for the
proposed IHA (75 FR 80471 December
22, 2010). The planned activities have
not changed between the proposed IHA
notice and this final notice announcing
the issuance of the IHA. For a more
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detailed description of the authorized
action, including vessel and acoustic
source specifications, the reader should
refer to the proposed IHA notice (75 FR
8047, December 22, 2010).
Comments and Responses
NMFS published a notice of receipt of
the SGRLPS’ application and proposed
IHA in the Federal Register on
December 22, 2010 (75 FR 80471).
During the 30-day comment period,
NMFS received a letter from the Marine
Mammal Commission (Commission)
which recommended that NMFS issue
the requested authorization, provided
that the required monitoring and
mitigation measures are carried out (e.g.,
restrictions on the timing and frequency
of activities, restrictions on helicopter
approaches, timing measures for
helicopter landings, and measures to
minimize acoustic and visual
disturbances) as described in NMFS’
December 22, 2010 (75 FR 80471) notice
of the proposed IHA and the
application. All measures proposed in
the initial Federal Register notice are
included within the authorization and
NMFS has determined that they will
effect the least practicable impact on the
species or stocks and their habitats.
Description of the Specified Geographic
Region
The Station is located on a small,
rocky islet (41°50′24″ N, 124°22′06″ W)
approximately nine kilometers (km) (6.0
miles (mi)) in the northeast Pacific
Ocean, offshore of Crescent City,
California (Latitude: 41°46′48″ N;
Longitude: 124°14′11″ W).
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammal species likely to
be harassed incidental to helicopter
operations, lighthouse restoration, and
lighthouse maintenance on NWSR are
the California sea lion, the Pacific
Harbor seal, the eastern (Distinct
Population Segment) U.S. stock of
Steller sea lion, and the eastern Pacific
stock of northern fur seal. California sea
lions and Pacific harbor seals are not
listed as threatened or endangered
under the Endangered Species Act
(ESA; 16 U.S.C. 1531 et seq.), nor are
they categorized as depleted under the
MMPA. Northern fur seals are not listed
as threatened or endangered under the
ESA. However, they are categorized as
depleted under the MMPA. Last, the
Steller sea lion, eastern U.S. stock is
listed as threatened under the ESA and
is categorized as depleted under the
MMPA.
NMFS presented a more detailed
discussion of the status of these stocks
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and their occurrence in the
northwestern Pacific Ocean, as well as
other marine mammal species that may
occur around NWSR in the notice of the
proposed IHA (75 FR 8047, December
22, 2010).
Potential Effects of the Activity on
Marine Mammals
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); and (3)
maintenance activities (e.g., bulb
replacement and automation of the light
system) may have the potential to cause
Level B harassment of any pinnipeds
hauled out on NWSR. The effects of
sounds from helicopter operations and/
or restoration and maintenance
activities might include one of the
following: temporary or permanent
hearing impairment or behavioral
disturbance (Southall, et al., 2007).
There is a dearth of information on
acoustic effects of helicopter overflights
on pinniped hearing and
communication (Richardson et al.,
1995) and to NMFS’ knowledge, there
has been no specific documentation of
temporary or permanent hearing
impairment in free-ranging pinnipeds
exposed to helicopter operations during
realistic field conditions. Any noise
attributed to the SGRLPS’ proposed
helicopter operations on NWSR would
be short-term (approximately 5 minutes
per trip) and NMFS would expect the
ambient noise levels to return to a
baseline state when helicopter
operations have ceased for the day.
NMFS does not expect that the
increased received levels of sound from
the helicopter would cause temporary or
permanent hearing impairment because
the pinnipeds would flush before the
helicopter approached NWSR; thus
increasing the distance between the
pinnipeds and the received sound levels
on NWSR during the specified
activities.
Some behavioral disturbance is
expected; however NMFS expects the
disturbance to be localized and shortterm. If pinnipeds are present on NWSR,
Level B behavioral harassment of
pinnipeds may occur during helicopter
landing and takeoff from NWSR due to
the pinnipeds temporarily moving from
the rocks and lower structure of NWSR
into the sea due to the noise and
appearance of helicopter during
approaches and departures. It is
expected that all or a portion of the
marine mammals hauled out on the
island will depart the rock and move
into the water upon the initial
helicopter approach.
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NMFS provided a detailed overview
of: (1) The sound levels produced by the
helicopter; (2) behavioral reactions of
pinnipeds to helicopter operations and
light construction noise; (3) hearing
impairment and other non-auditory
physical effects; (4) behavioral reactions
to visual stimuli; (5) and specific
observations gathered during previous
monitoring of the marine mammals
present on NWSR in the notice of the
proposed IHA (75 FR 8047, December
22, 2010).
Anticipated Effects on Habitat
NMFS provided a detailed discussion
of the potential effects of this action on
marine mammal habitat in the notice of
the proposed IHA (75 FR 8047,
December 22, 2010). The SGRLPS
proposes to confine all restoration
activities to the existing structure which
is not used by marine mammals. Thus,
the specified activities will not result in
any permanent impact on habitats used
by the marine mammals in the area,
including the food sources they use (i.e.
fish and invertebrates), and there will be
no physical damage to any habitat.
While it is anticipated that the specified
activity may result in marine mammals
avoiding certain areas due to temporary
ensonification, this impact to habitat is
temporary and reversible. The main
impact associated with the specified
activity will be temporarily elevated
noise levels and the associated direct
effects on marine mammals, previously
discussed in this notice.
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Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and the availability of such
species or stock for taking for certain
subsistence uses.
The SGRLPS has based the mitigation
measures described herein, to be
implemented for the helicopter
operations and restoration activities, on
the following: (1) Protocols used during
the 2010 IHA for helicopter operations
and restoration activities as approved by
NMFS; (2) recommended best practices
in Richardson et al. (1995); and (3)
reasonable and prudent measures
implemented by the terms and
conditions of the section 7 ESA
Biological Opinion’s (BiOp) Incidental
Take Statement (ITS).
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To reduce the potential for
disturbance from acoustic and visual
stimuli associated with the activities,
the SGRLPS and/or its designees will
implement the following mitigation
measures for marine mammals:
(1) Limit the time and frequency of
the restoration activities;
(2) Employ helicopter approach and
timing techniques; and
(3) Avoidance of visual and acoustic
contact with marine mammals by the
SGRLPS and/or its designees.
Time and Frequency: The SGRLPS
will conduct lighthouse restoration
activities at maximum frequency of once
per month between February 18, 2011,
through April 30, 2011, or between
November 1, 2011, through December
31, 2011. Each restoration session will
last no more than three days.
Maintenance of the light beacon will
occur only in conjunction with
restoration activities.
Helicopter Approach and Timing
Techniques: The SGRLPS shall ensure
that helicopter approach patterns to the
lighthouse will be such that the timing
techniques are least disturbing to
marine mammals. To the extent
possible, the helicopter should
approach NWSR when the tide is too
high for the marine mammals to haulout on NWSR.
Since the most severe impacts
(stampede) are precipitated by rapid and
direct helicopter approaches, initial
approach to the Station must be offshore
from the island at a relatively high
altitude (e.g., 800–1,000 ft; 244–305 m).
Before the final approach, the helicopter
shall circle lower, and approach from
area where the density of pinnipeds is
the lowest. If for any safety reasons (e.g.,
wind condition) such helicopter
approach and timing techniques cannot
be achieved, the SGRLPS must abort the
restoration and maintenance activities
for that day.
Avoidance of Visual and Acoustic
Contact with Marine Mammals: The
SGRLPS will instruct its members and
restoration crews to avoid making
unnecessary noise and not expose
themselves visually to pinnipeds
around the base of the lighthouse. The
door to the lower platform (which is
used at times by pinnipeds) shall
remain closed and barricaded to all
tourists and other personnel.
NMFS has carefully evaluated the
applicant’s mitigation measures and
considered a range of other measures in
the context of ensuring that NMFS
prescribes the means of effecting the
least practicable adverse impact on the
affected marine mammal species and
stocks and their habitat. Our evaluation
of potential measures included
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consideration of the following factors in
relation to one another:
• The manner in which, and the
degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals;
• The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and
• The practicability of the measure
for applicant implementation, including
safety and practicality of
implementation.
Based on our evaluation of the
applicant’s mitigation measures, NMFS
has determined that these measures
provide the means of effecting the least
practicable adverse impacts on marine
mammals species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Summary of Previous Monitoring
The SGRLPS complied with the
mitigation and monitoring required
under the previous authorization for the
2010 season. In compliance with the
2010 IHA, the SGRLPS submitted a final
report on the activities at the Station,
covering the period of January 27, 2010
through April 30, 2010. During the
effective dates of the 2010 IHA, the
SGRLPS conducted two sessions of
aircraft operations and restoration
activities on NWSR which did not
exceed the activity levels analyzed
under the 2010 authorization. The 2010
IHA required that the SGRLPS conduct
a pre-restoration and post-restoration
aerial survey of all marine mammals
hauled-out on NWSR for each session.
On February 26, 2010, the SGRLPS’
photographed the haulout areas on the
initial approach to NWSR. During the
approach, the photographer observed no
animals hauled out on NWSR. The
SGRLPS observed no animals hauled on
NWSR during the two-day restoration
session and no pinnipeds were present
during the helicopter’s February 28th
departure flight to the mainland.
On April 9, 2010, the SGRLPS’
photographed the haulout areas on the
initial approach to NWSR. Similar to the
February session, the photographer
observed no animals hauled out on
NWSR during approach. The SGRLPS
observed no animals hauled on NWSR
during the three-day restoration session
and no pinnipeds were present during
the helicopter’s April 11th departure
flight to the mainland.
The SGRLPS observed no animals
hauled on NWSR during the entirety of
each session. As there were no observed
impacts to pinnipeds from these
activities, NMFS was unable to assess
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the effectiveness of mitigation measures
for helicopter approaches set forth in
the 2010 IHA. However, the 2010 IHA
restricted SGRLP’s access to NWSR
during the pupping season, thus
effecting the least practical adverse
impact on the species or stock. These
results did not refute NMFS’ original
findings.
Monitoring
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.
At least once during the period
between February 18, 2011, through
April 30, 2011, or during the period of
November 1, 2011, through December
31, 2011 a qualified biologist shall be
present during all three workdays at the
Station. The biologist hired will be
subject to approval of NMFS. This
requirement may be modified
depending on the results of the second
year of monitoring.
The qualified biologist shall
document use of the island by the
pinnipeds (i.e., frequency, dates, time,
tidal height, species, numbers present,
and any disturbances) and note any
responses to potential disturbances. In
the event of any observed Steller sea
lion injury, mortality, or the presence of
newborn pup, the SGRLPS will notify
the NMFS’ SWRO Administrator and
the NMFS’ Director of the Office of
Protected Resources immediately.
Aerial photographic surveys may
provide the most accurate means of
documenting species composition, age
and sex class of pinnipeds using the
project site during human activity
periods. Aerial photo coverage of the
island shall be completed from the same
helicopter used to transport the SGRLPS
personnel to the island during
restoration trips. Photographs of all
marine mammals hauled out on the
island shall be taken at an altitude
greater than 300 m (984 ft) by a skilled
photographer, prior to the first landing
on each visit included in the monitoring
program. Photographic documentation
of marine mammals present at the end
of each three-day work session shall
also be made for a before and after
comparison. Data shall be provided to
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NMFS in the form of a report with a
data table, any other significant
observations related to marine
mammals, and a report of restoration
activities (see Reporting). The original
photographs can be made available to
NMFS or other marine mammal experts
for inspection and further analysis.
Reporting
The SGRLPS personnel will record
data to document the number of marine
mammals exposed to helicopter noise
and to document apparent disturbance
reactions or lack thereof. SGRLPS and
NMFS will use the data to estimate
numbers of animals potentially taken by
Level B harassment.
Interim Monitoring Report
The SGRLPS will submit interim
monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of
Office of Protected Resources no later
than 30 days after the conclusion of
each monthly session. The interim
report will describe the operations that
were conducted and sightings of marine
mammals near the proposed project.
The report will provide full
documentation of methods, results, and
interpretation pertaining to all
monitoring.
Each interim report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Final Monitoring Report
In addition to the interim reports, the
SGRLPS will submit a draft Final
Monitoring Report to NMFS no later
than 90 days after the project is
completed to the Regional
Administrator and the Director of Office
of Protected Resources at NMFS
Headquarters. Within 30 days after
receiving comments from NMFS on the
draft Final Monitoring Report, the
SGRLPS must submit a Final
Monitoring Report to the Regional
Administrator and the NMFS Director of
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Office of Protected Resources. If the
SGRLPS receives no comments from
NMFS on the draft Final Monitoring
Report, the draft Final Monitoring
Report will be considered to be the
Final Monitoring Report.
The final report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is
anticipated and authorized as a result of
the helicopter operations and
restoration and maintenance activities
on NWSR.
Based on pinniped survey counts
conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000
(CCR, 2001), NMFS estimates that
approximately 204 California sea lions
(calculated by multiplying the average
monthly abundance of California sea
lions (zero in April, 1997 and 34 in
April,1998) present on NWSR by six
months of the proposed restoration and
maintenance activities), 172 Steller sea
lions (NMFS’ estimate of the maximum
number of Steller sea lions that could be
present on NWSR with a 95-percent
confidence interval), 36 Pacific harbor
seals (calculated by multiplying the
maximum number of harbor seals
present on NWSR (6) by six months),
and 6 northern fur seals (calculated by
multiplying the maximum number of
northern fur seals present on NWSR (1)
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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
by six months) could be potentially
affected by Level B behavioral
harassment over the course of the
proposed IHA. Estimates of the numbers
of marine mammals that might be
affected are based on consideration of
the number of marine mammals that
could be disturbed appreciably by
approximately 51 hrs of aircraft
operations during the course of the
proposed activity. These incidental
harassment take numbers represent
approximately 0.14 percent of the U.S.
stock of California sea lion, 0.42 percent
of the eastern U.S. stock of Steller sea
lion, 0.11 percent of the California stock
of Pacific harbor seals, and 0.06 percent
of the San Miguel Island stock of
northern fur seal.
All of the potential takes are expected
to be Level B behavioral harassment
only. Because of the required mitigation
measures and the likelihood that some
pinnipeds will avoid the area, no injury
or mortality to pinnipeds is expected or
requested.
srobinson on DSKHWCL6B1PROD with NOTICES
Negligible Impact and Small Numbers
Analysis and Determination
NMFS has defined ‘‘negligible impact’’
in 50 CFR 216.103 as ‘‘. . . an impact
resulting from the specified 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.’’
In making a negligible impact
determination, NMFS considers:
(1) The number of anticipated
mortalities;
(2) The number and nature of
anticipated injuries;
(3) The number, nature, and intensity,
and duration of Level B harassment; and
(4) The context in which the takes
occur.
As mentioned previously, NMFS
estimates that four species of marine
mammals could be potentially affected
by Level B harassment over the course
of the IHA. For each species, these
numbers are small (each, less than one
percent) relative to the population size.
No takes by Level A harassment,
serious injury, or mortality are
anticipated to occur as a result of the
SGRLPS’ proposed activities, and none
are authorized. Only short-term
behavioral disturbance is anticipated to
occur due to the brief and sporadic
duration of the proposed activities; the
availability of alternate areas near
NWSR for marine mammals to avoid the
resultant acoustic disturbance; and
limited access to NWSR during the
pupping season. Due to the nature,
degree, and context of the behavioral
harassment anticipated, the activities
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16:39 Feb 24, 2011
Jkt 223001
are not expected to impact rates of
recruitment or survival.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that the SGRLPS’ helicopter
operations and restoration/maintenance
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
helicopter operations and restoration/
maintenance activities would have a
negligible impact on the affected species
or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct
Population Segment is listed as
threatened under the ESA and occurs in
the action area. NMFS Headquarters’
Office of Protected Resources, Permits,
Conservation, and Education Division
conducted a formal section 7
consultation under the ESA with the
Southwest Region, NMFS. On January
27, 2010, the Southwest Region issued
a BiOp and concluded that the issuance
of IHAs are likely to adversely affect,
but not likely to jeopardize the
continued existence of Steller sea lions.
NMFS has designated critical habitat for
the eastern Distinct Population Segment
˜
of Steller sea lions in California at Ano
Nuevo Island, Southeast Farallon Island,
Sugarloaf Island and Cape Mendocino,
California pursuant to section 4 of the
ESA (see 50 CFR 226.202(b)). Northwest
Seal Rock is neither within nor nearby
these designated areas. Finally, the
BiOp included an ITS for Steller sea
lions. The ITS contains reasonable and
prudent measures implemented by
terms and conditions to minimize the
effects of this take. NMFS has reviewed
the 2010 BiOp and determined that
there is no new information regarding
effects to Steller sea lions; the action has
not been modified in a manner which
would cause adverse effects not
previously evaluated; there has been no
new listing of species or designation of
critical habitat that could be affected by
the action; and, the action will not
exceed the extent or amount of
incidental take authorized in the 2010–
2012 ITS. Therefore, the proposed IHA
does not require the reinitiation of
section 7 consultation under the ESA.
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Frm 00014
Fmt 4703
Sfmt 4703
National Environmental Policy Act
(NEPA)
To meet NMFS’ NEPA requirements
for the issuance of an IHA to the
SGRLPS, NMFS prepared an
Environmental Assessment (EA) in 2010
that was specific to conducting aircraft
operations and restoration and
maintenance work on the St. George
Reef Light Station. The EA, titled
‘‘Issuance of an Incidental Harassment
Authorization to Take Marine Mammals
by Harassment Incidental to Conducting
Aircraft Operations, Lighthouse
Restoration and Maintenance Activities
on St. George Reef Lighthouse Station in
Del Norte County, California,’’ evaluated
the impacts on the human environment
of NMFS’ authorization of incidental
Level B harassment resulting from the
specified activity in the specified
geographic region. At that time, NMFS
concluded that issuance of an IHA
November 1 through April 30, annually
would not significantly affect the
quality of the human environment and
issued a Finding of No Significant
Impact (FONSI) for the 2010 EA
regarding the SGRLPS’ activities. In
conjunction with the SGRLPS’ 2011
application, NMFS has again reviewed
the 2010 EA and determined that there
are no new direct, indirect or
cumulative impacts to the human and
natural environment associated with the
IHA requiring evaluation in a
supplemental EA. NMFS, therefore,
reaffirms the 2010 FONSI. A copy of the
EA and the FONSI for this activity is
available upon request (see ADDRESSES).
Determinations
NMFS has determined that the impact
of conducting the specific helicopter
operations and restoration activities
described in this notice and in the IHA
request in the specific geographic region
in the northwestern Pacific Ocean may
result, at worst, in a temporary
modification in behavior (Level B
harassment) of small numbers of marine
mammals. Further, this activity is
expected to result in a negligible impact
on the affected species or stocks of
marine mammals. The provision
requiring that the activity not have an
unmitigable impact on the availability
of the affected species or stock of marine
mammals for subsistence uses is not
implicated for this action.
Authorization
As a result of these determinations,
NMFS has issued an IHA to the SGRLPS
to conduct helicopter operations and
restoration and maintenance work on
the St. George Reef Light Station on
Northwest Seal Rock in the northeast
E:\FR\FM\25FEN1.SGM
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Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices
Pacific Ocean from the period of
February 18, 2011, through April 30,
2011, or during the period of November
1, 2011, through December 31, 2011,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated. The
duration of the IHA would not exceed
one year from the date of its issuance.
Dated: February 16, 2011.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–4291 Filed 2–24–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
[Docket No. 110207099–1099–01]
RIN 0660–XA23
Request for Comments on the Internet
Assigned Numbers Authority (IANA)
Functions
National Telecommunications
and Information Administration, U.S.
Department of Commerce.
ACTION: Notice of Inquiry.
AGENCY:
The United States Department
of Commerce’s National
Telecommunications and Information
Administration (NTIA) remains
committed to preserving a stable and
secure Internet Domain Name System
(DNS). Critical to the DNS is the
continued performance of the Internet
Assigned Numbers Authority (IANA)
functions. The IANA functions have
historically included: (1) The
coordination of the assignment of
technical Internet protocol parameters;
(2) the administration of certain
responsibilities associated with Internet
DNS root zone management; (3) the
allocation of Internet numbering
resources; and (4) other services related
to the management of the .ARPA and
.INT top-level domains. The Internet
Corporation for Assigned Names and
Numbers (ICANN) currently performs
the IANA functions, on behalf of the
United States Government, through a
contract with NTIA. Given the
September 30, 2011 expiration of this
contract, NTIA is seeking public
comment to enhance the performance of
the IANA functions in the development
and award of a new IANA functions
contract.
DATES: Comments are due on or before
March 31, 2011.
ADDRESSES: Written comments may be
submitted by mail to Fiona M.
srobinson on DSKHWCL6B1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:39 Feb 24, 2011
Jkt 223001
Alexander, Associate Administrator,
Office of International Affairs, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue, NW., Room 4701, Washington,
DC 20230. Paper submissions should
include a three and one-half inch
computer diskette in HTML, ASCII,
Word or WordPerfect format (please
specify version). Diskettes should be
labeled with the name and
organizational affiliation of the filer, and
the name of the word processing
program used to create the document.
Alternatively, comments may be
submitted electronically to
IANAFunctions@ntia.doc.gov.
Comments provided via electronic mail
should also be submitted in one or more
of the formats specified above.
Comments will be posted to NTIA’s
Web site at https://www.ntia.doc.gov/
ntiahome/domainname/
IANAFunctions.html.
For
questions about this Notice contact:
Vernita D. Harris, National
Telecommunications and Information
Administration, U.S. Department of
Commerce, 1401 Constitution Avenue,
NW., Room 4701, Washington, DC
20230; telephone: (202) 482–4686; email: vharris@ntia.doc.gov. Please direct
media inquiries to the Office of Public
Affairs, NTIA, at (202) 482–7002.
FOR FURTHER INFORMATION CONTACT:
The
Internet Assigned Numbers Authority
(IANA) functions were initially
performed under a series of contracts
between the Department of Defense’s
Advanced Research Projects Agency
(DARPA) and the University of
Southern California (USC), as part of a
research project known as the Terranode
Network Technology (TNT). As the TNT
project and the DARPA/USC contract
neared completion, the United States
Government recognized the need for the
continued performance of the IANA
functions as vital to the stability and
correct functioning of the Internet. In
January 1999, NTIA initiated a
procurement process to fulfill this
need.1 NTIA awarded the IANA
functions contract to ICANN in
February 2000, and subsequently in
March 2001, March 2004, and August
2005.2 The current contract expires
SUPPLEMENTARY INFORMATION:
1 To assist in this transition from the DARPA
contract with USC to ICANN, in 1998, ICANN
entered into an agreement with the University of
Southern California Information Sciences Institute
(USC/ISI) to transition certain functions,
responsibilities, assets, and personnel to ICANN.
2 Each contract and modifications are available at
https://www.ntia.doc.gov/ntiahome/domainname/
iana.htm.
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
10569
September 30, 2011.3 Given this
impending expiration, NTIA is issuing
this Notice of Inquiry (NOI) to seek
public comment to inform the
procurement process, leading to the
award of a new IANA functions
contract. We take this opportunity to ask
a detailed set of questions on this topic
as this is the first time NTIA has
undertaken a comprehensive review of
the IANA functions contract since the
award of the first contract in 2000.
The domain name system (DNS) is a
critical component of the Internet that
works like an address book, allowing
users to reach websites using easy-tounderstand domain names (e.g., https://
commerce.gov) rather than the numeric
network server addresses (e.g., https://
170.110.225.168) necessary to retrieve
information on the Internet. It is a
hierarchical and globally distributed
system in which distinct servers
maintain the detailed information for
their local domains and pointers for
how to navigate the hierarchy to retrieve
information from other domains. The
accuracy, integrity, and availability of
the information supplied by the DNS are
essential to the operation of most
systems, services, or applications that
use the Internet.
Essential to the DNS is the
performance of the IANA functions. At
a summary level, the IANA functions
include: (1) The coordination of the
assignment of technical Internet
protocol parameters; (2) the
administration of certain
responsibilities associated with Internet
DNS root zone management; (3) the
allocation of Internet numbering
resources; and (4) other services related
to the management of the .ARPA and
.INT top-level domains. A more detailed
description of each of the IANA
functions follows.
The first of the IANA functions is the
coordination of the assignment of
technical protocol parameters. This
function includes the review and
assignment of unique values to
numerous parameters (e.g., operation
codes, port numbers, object identifiers,
protocol numbers) used in various
Internet protocols. This function also
includes dissemination of listings of
assigned parameters through various
means (including on-line publication)
and the review of technical documents
for consistency with assigned values.
3 The current contract has an option to extend the
performance period for an additional six months. If
necessary, NTIA will exercise this option in order
to complete the contract procurement process. See
Contract Clause 1.5 of the current contract, which
can be viewed at https://www.ntia.doc.gov/
ntiahome/domainname/iana/
ianacontract_081406.pdf.
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 38 (Friday, February 25, 2011)]
[Notices]
[Pages 10564-10569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4291]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA191
Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance at Northwest Seal
Rock, Del Norte County, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
the St. George Reef Lighthouse Preservation Society (SGRLPS) to
incidentally harass, by Level B harassment only, four species of marine
mammals during aircraft operations, and lighthouse renovation and light
maintenance activities on the St. George Reef Light Station on
Northwest Seal Rock (NWSR) in the northeast Pacific Ocean, from the
period of February 18, 2011, through April 30, 2011, or during the
period of November 1, 2011, through December 31, 2011.
DATES: This authorization is effective from February 18, 2011, through
April 30, 2011, and during the period of November 1, 2011, through
December 31, 2011.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the
application containing a list of the references used in this document
may be obtained by writing to the above address, telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting
the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following associated documents are
also available at the same Internet address: Environmental Assessment
(EA) prepared by NMFS; and the finding of no significant impact
(FONSI). Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 713-2289 or Monica DeAngelis, NMFS
Southwest Regional Office, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) directs
the Secretary of Commerce to authorize, upon request, the incidental,
but not intentional, taking by harassment of small numbers of marine
mammals of a species or population stock, by United States citizens who
engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made, and a
notice of a proposed authorization is provided to the public for
review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and monitoring and reporting of such takings. NMFS has defined
``negligible impact'' in 50 CFR 216.103 as ``* * * an impact resulting
from the specified activity that cannot be reasonably expected to, and
is not reasonably likely to, adversely affect the species or stock
through effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit
for NMFS' review of an application followed by a 30-day public notice
and comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received a letter on October 13, 2010, from the SGRLPS
requesting the taking by harassment, of small numbers of marine
mammals, incidental to aircraft operations and restoration and
maintenance activities on the St. George Reef Light Station (Station).
At NMFS' request, the SGRLPS submitted a complete and adequate
application on November 3, 2010. The SGRLPS aims to: (1) Restore and
preserve the Station on a monthly basis (November 1-April 30,
annually); and (2) perform periodic, annual maintenance on the
Station's optical light system.
The Station, which is listed in the National Park Service's
National Register of Historic Places, is located on Northwest Seal Rock
(NWSR) offshore of Crescent City, California in the northeast Pacific
Ocean.
The specified activities would occur in the vicinity of a possible
pinniped haul out site located on NWSR. Acoustic and visual stimuli
generated by: (1) Helicopter landings/takeoffs; (2) noise generated
during restoration activities (e.g., painting, plastering, welding, and
glazing); (3) maintenance activities (e.g., bulb replacement and
automation of the light system); and (4) human presence, may have the
potential to cause any pinnipeds hauled out on NWSR to flush into the
surrounding water or to cause a short-term behavioral disturbance.
These types of disturbances are the principal means of marine mammal
taking associated with these activities and the SGRLPS has requested an
authorization to take 204 California sea lions (Zalophus
californianus); 36 Pacific Harbor seals (Phoca vitulina); 172 Steller
sea lions (Eumetopias jubatus); and six northern fur seals (Callorhinus
ursinus) by Level B harassment.
Description of the Specified Activity
SGRLPS would conduct the proposed activities (aircraft operations,
lighthouse restoration, and light maintenance activities) between
February 18, 2011, through April 30, 2011, and during the period of
November 1, 2011, through December 31, 2011, at a maximum frequency of
one session per month. The duration for each session would last no more
than three days (e.g., Friday, Saturday, and Sunday).
[[Page 10565]]
Aircraft Operations
The SGRLPS would transport personnel and equipment from the
California mainland to NWSR by a small helicopter and would transport
no more than 15 work crew members and equipment to NWSR. Each session
would require no more than 36 helicopter landings/takeoffs per month.
Lighthouse Restoration Activities
Restoration activities would include the removal of peeling paint
and plaster, restoration of interior plaster and paint, refurbishing
structural and decorative metal, reworking original metal support beams
throughout the lantern room and elsewhere, replacing glass as
necessary, and upgrading the present electrical system.
Light Maintenance Activities
The SGRLPS would need to conduct maintenance on the Station's
beacon light at least once or up to two times per year within the
proposed work window. Scheduled light maintenance activities would
coincide with lighthouse restoration activities conducted monthly
during the period of February 18, 2011, through April 30, 2011, or
during the period of November 1, 2011, through December 31, 2011.
Emergency Light Maintenance
If the beacon light fails during the period from February 18, 2011,
through April 30, 2011, or during the period of November 1, 2011,
through December 31, 2011, the SGRLPS would send a crew of two to three
people to the Station by helicopter to repair the beacon light. For
each emergency repair event, the SGRLPS would conduct a maximum of four
flights (two arrivals and two departures) to transport equipment and
supplies.
In the case of an emergency repair between May 1, 2011, and October
31, 2011, the SGRLPS would consult with the NMFS Southwest Regional
Office (SWRO) biologist to best determine the timing of the trips to
the lighthouse, on a case-by-case basis, based upon the existing
environmental conditions and the abundance and distribution of any
marine mammals present on NWSR. The SWRO would also ensure that the
SGRLPS' request for incidental take during emergency repairs would not
exceed the number of incidental take authorized in the IHA.
NMFS has outlined the purpose of the program in a previous notice
for the proposed IHA (75 FR 80471 December 22, 2010). The planned
activities have not changed between the proposed IHA notice and this
final notice announcing the issuance of the IHA. For a more detailed
description of the authorized action, including vessel and acoustic
source specifications, the reader should refer to the proposed IHA
notice (75 FR 8047, December 22, 2010).
Comments and Responses
NMFS published a notice of receipt of the SGRLPS' application and
proposed IHA in the Federal Register on December 22, 2010 (75 FR
80471). During the 30-day comment period, NMFS received a letter from
the Marine Mammal Commission (Commission) which recommended that NMFS
issue the requested authorization, provided that the required
monitoring and mitigation measures are carried out (e.g., restrictions
on the timing and frequency of activities, restrictions on helicopter
approaches, timing measures for helicopter landings, and measures to
minimize acoustic and visual disturbances) as described in NMFS'
December 22, 2010 (75 FR 80471) notice of the proposed IHA and the
application. All measures proposed in the initial Federal Register
notice are included within the authorization and NMFS has determined
that they will effect the least practicable impact on the species or
stocks and their habitats.
Description of the Specified Geographic Region
The Station is located on a small, rocky islet
(41[deg]50[min]24[sec] N, 124[deg]22[min]06[sec] W) approximately nine
kilometers (km) (6.0 miles (mi)) in the northeast Pacific Ocean,
offshore of Crescent City, California (Latitude: 41[deg]46[min]48[sec]
N; Longitude: 124[deg]14[min]11[sec] W).
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species likely to be harassed incidental to
helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR are the California sea lion, the Pacific Harbor
seal, the eastern (Distinct Population Segment) U.S. stock of Steller
sea lion, and the eastern Pacific stock of northern fur seal.
California sea lions and Pacific harbor seals are not listed as
threatened or endangered under the Endangered Species Act (ESA; 16
U.S.C. 1531 et seq.), nor are they categorized as depleted under the
MMPA. Northern fur seals are not listed as threatened or endangered
under the ESA. However, they are categorized as depleted under the
MMPA. Last, the Steller sea lion, eastern U.S. stock is listed as
threatened under the ESA and is categorized as depleted under the MMPA.
NMFS presented a more detailed discussion of the status of these
stocks and their occurrence in the northwestern Pacific Ocean, as well
as other marine mammal species that may occur around NWSR in the notice
of the proposed IHA (75 FR 8047, December 22, 2010).
Potential Effects of the Activity on Marine Mammals
Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause Level B harassment of any pinnipeds
hauled out on NWSR. The effects of sounds from helicopter operations
and/or restoration and maintenance activities might include one of the
following: temporary or permanent hearing impairment or behavioral
disturbance (Southall, et al., 2007).
There is a dearth of information on acoustic effects of helicopter
overflights on pinniped hearing and communication (Richardson et al.,
1995) and to NMFS' knowledge, there has been no specific documentation
of temporary or permanent hearing impairment in free-ranging pinnipeds
exposed to helicopter operations during realistic field conditions. Any
noise attributed to the SGRLPS' proposed helicopter operations on NWSR
would be short-term (approximately 5 minutes per trip) and NMFS would
expect the ambient noise levels to return to a baseline state when
helicopter operations have ceased for the day. NMFS does not expect
that the increased received levels of sound from the helicopter would
cause temporary or permanent hearing impairment because the pinnipeds
would flush before the helicopter approached NWSR; thus increasing the
distance between the pinnipeds and the received sound levels on NWSR
during the specified activities.
Some behavioral disturbance is expected; however NMFS expects the
disturbance to be localized and short-term. If pinnipeds are present on
NWSR, Level B behavioral harassment of pinnipeds may occur during
helicopter landing and takeoff from NWSR due to the pinnipeds
temporarily moving from the rocks and lower structure of NWSR into the
sea due to the noise and appearance of helicopter during approaches and
departures. It is expected that all or a portion of the marine mammals
hauled out on the island will depart the rock and move into the water
upon the initial helicopter approach.
[[Page 10566]]
NMFS provided a detailed overview of: (1) The sound levels produced
by the helicopter; (2) behavioral reactions of pinnipeds to helicopter
operations and light construction noise; (3) hearing impairment and
other non-auditory physical effects; (4) behavioral reactions to visual
stimuli; (5) and specific observations gathered during previous
monitoring of the marine mammals present on NWSR in the notice of the
proposed IHA (75 FR 8047, December 22, 2010).
Anticipated Effects on Habitat
NMFS provided a detailed discussion of the potential effects of
this action on marine mammal habitat in the notice of the proposed IHA
(75 FR 8047, December 22, 2010). The SGRLPS proposes to confine all
restoration activities to the existing structure which is not used by
marine mammals. Thus, the specified activities will not result in any
permanent impact on habitats used by the marine mammals in the area,
including the food sources they use (i.e. fish and invertebrates), and
there will be no physical damage to any habitat. While it is
anticipated that the specified activity may result in marine mammals
avoiding certain areas due to temporary ensonification, this impact to
habitat is temporary and reversible. The main impact associated with
the specified activity will be temporarily elevated noise levels and
the associated direct effects on marine mammals, previously discussed
in this notice.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
The SGRLPS has based the mitigation measures described herein, to
be implemented for the helicopter operations and restoration
activities, on the following: (1) Protocols used during the 2010 IHA
for helicopter operations and restoration activities as approved by
NMFS; (2) recommended best practices in Richardson et al. (1995); and
(3) reasonable and prudent measures implemented by the terms and
conditions of the section 7 ESA Biological Opinion's (BiOp) Incidental
Take Statement (ITS).
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities, the SGRLPS and/or its designees
will implement the following mitigation measures for marine mammals:
(1) Limit the time and frequency of the restoration activities;
(2) Employ helicopter approach and timing techniques; and
(3) Avoidance of visual and acoustic contact with marine mammals by
the SGRLPS and/or its designees.
Time and Frequency: The SGRLPS will conduct lighthouse restoration
activities at maximum frequency of once per month between February 18,
2011, through April 30, 2011, or between November 1, 2011, through
December 31, 2011. Each restoration session will last no more than
three days. Maintenance of the light beacon will occur only in
conjunction with restoration activities.
Helicopter Approach and Timing Techniques: The SGRLPS shall ensure
that helicopter approach patterns to the lighthouse will be such that
the timing techniques are least disturbing to marine mammals. To the
extent possible, the helicopter should approach NWSR when the tide is
too high for the marine mammals to haul-out on NWSR.
Since the most severe impacts (stampede) are precipitated by rapid
and direct helicopter approaches, initial approach to the Station must
be offshore from the island at a relatively high altitude (e.g., 800-
1,000 ft; 244-305 m). Before the final approach, the helicopter shall
circle lower, and approach from area where the density of pinnipeds is
the lowest. If for any safety reasons (e.g., wind condition) such
helicopter approach and timing techniques cannot be achieved, the
SGRLPS must abort the restoration and maintenance activities for that
day.
Avoidance of Visual and Acoustic Contact with Marine Mammals: The
SGRLPS will instruct its members and restoration crews to avoid making
unnecessary noise and not expose themselves visually to pinnipeds
around the base of the lighthouse. The door to the lower platform
(which is used at times by pinnipeds) shall remain closed and
barricaded to all tourists and other personnel.
NMFS has carefully evaluated the applicant's mitigation measures
and considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
adverse impact on the affected marine mammal species and stocks and
their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation, including safety and practicality of implementation.
Based on our evaluation of the applicant's mitigation measures,
NMFS has determined that these measures provide the means of effecting
the least practicable adverse impacts on marine mammals species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Summary of Previous Monitoring
The SGRLPS complied with the mitigation and monitoring required
under the previous authorization for the 2010 season. In compliance
with the 2010 IHA, the SGRLPS submitted a final report on the
activities at the Station, covering the period of January 27, 2010
through April 30, 2010. During the effective dates of the 2010 IHA, the
SGRLPS conducted two sessions of aircraft operations and restoration
activities on NWSR which did not exceed the activity levels analyzed
under the 2010 authorization. The 2010 IHA required that the SGRLPS
conduct a pre-restoration and post-restoration aerial survey of all
marine mammals hauled-out on NWSR for each session.
On February 26, 2010, the SGRLPS' photographed the haulout areas on
the initial approach to NWSR. During the approach, the photographer
observed no animals hauled out on NWSR. The SGRLPS observed no animals
hauled on NWSR during the two-day restoration session and no pinnipeds
were present during the helicopter's February 28th departure flight to
the mainland.
On April 9, 2010, the SGRLPS' photographed the haulout areas on the
initial approach to NWSR. Similar to the February session, the
photographer observed no animals hauled out on NWSR during approach.
The SGRLPS observed no animals hauled on NWSR during the three-day
restoration session and no pinnipeds were present during the
helicopter's April 11th departure flight to the mainland.
The SGRLPS observed no animals hauled on NWSR during the entirety
of each session. As there were no observed impacts to pinnipeds from
these activities, NMFS was unable to assess
[[Page 10567]]
the effectiveness of mitigation measures for helicopter approaches set
forth in the 2010 IHA. However, the 2010 IHA restricted SGRLP's access
to NWSR during the pupping season, thus effecting the least practical
adverse impact on the species or stock. These results did not refute
NMFS' original findings.
Monitoring
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.
At least once during the period between February 18, 2011, through
April 30, 2011, or during the period of November 1, 2011, through
December 31, 2011 a qualified biologist shall be present during all
three workdays at the Station. The biologist hired will be subject to
approval of NMFS. This requirement may be modified depending on the
results of the second year of monitoring.
The qualified biologist shall document use of the island by the
pinnipeds (i.e., frequency, dates, time, tidal height, species, numbers
present, and any disturbances) and note any responses to potential
disturbances. In the event of any observed Steller sea lion injury,
mortality, or the presence of newborn pup, the SGRLPS will notify the
NMFS' SWRO Administrator and the NMFS' Director of the Office of
Protected Resources immediately.
Aerial photographic surveys may provide the most accurate means of
documenting species composition, age and sex class of pinnipeds using
the project site during human activity periods. Aerial photo coverage
of the island shall be completed from the same helicopter used to
transport the SGRLPS personnel to the island during restoration trips.
Photographs of all marine mammals hauled out on the island shall be
taken at an altitude greater than 300 m (984 ft) by a skilled
photographer, prior to the first landing on each visit included in the
monitoring program. Photographic documentation of marine mammals
present at the end of each three-day work session shall also be made
for a before and after comparison. Data shall be provided to NMFS in
the form of a report with a data table, any other significant
observations related to marine mammals, and a report of restoration
activities (see Reporting). The original photographs can be made
available to NMFS or other marine mammal experts for inspection and
further analysis.
Reporting
The SGRLPS personnel will record data to document the number of
marine mammals exposed to helicopter noise and to document apparent
disturbance reactions or lack thereof. SGRLPS and NMFS will use the
data to estimate numbers of animals potentially taken by Level B
harassment.
Interim Monitoring Report
The SGRLPS will submit interim monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of Office of Protected Resources no
later than 30 days after the conclusion of each monthly session. The
interim report will describe the operations that were conducted and
sightings of marine mammals near the proposed project. The report will
provide full documentation of methods, results, and interpretation
pertaining to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
Final Monitoring Report
In addition to the interim reports, the SGRLPS will submit a draft
Final Monitoring Report to NMFS no later than 90 days after the project
is completed to the Regional Administrator and the Director of Office
of Protected Resources at NMFS Headquarters. Within 30 days after
receiving comments from NMFS on the draft Final Monitoring Report, the
SGRLPS must submit a Final Monitoring Report to the Regional
Administrator and the NMFS Director of Office of Protected Resources.
If the SGRLPS receives no comments from NMFS on the draft Final
Monitoring Report, the draft Final Monitoring Report will be considered
to be the Final Monitoring Report.
The final report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Only take by Level B harassment is anticipated and authorized as a
result of the helicopter operations and restoration and maintenance
activities on NWSR.
Based on pinniped survey counts conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), NMFS estimates that
approximately 204 California sea lions (calculated by multiplying the
average monthly abundance of California sea lions (zero in April, 1997
and 34 in April,1998) present on NWSR by six months of the proposed
restoration and maintenance activities), 172 Steller sea lions (NMFS'
estimate of the maximum number of Steller sea lions that could be
present on NWSR with a 95-percent confidence interval), 36 Pacific
harbor seals (calculated by multiplying the maximum number of harbor
seals present on NWSR (6) by six months), and 6 northern fur seals
(calculated by multiplying the maximum number of northern fur seals
present on NWSR (1)
[[Page 10568]]
by six months) could be potentially affected by Level B behavioral
harassment over the course of the proposed IHA. Estimates of the
numbers of marine mammals that might be affected are based on
consideration of the number of marine mammals that could be disturbed
appreciably by approximately 51 hrs of aircraft operations during the
course of the proposed activity. These incidental harassment take
numbers represent approximately 0.14 percent of the U.S. stock of
California sea lion, 0.42 percent of the eastern U.S. stock of Steller
sea lion, 0.11 percent of the California stock of Pacific harbor seals,
and 0.06 percent of the San Miguel Island stock of northern fur seal.
All of the potential takes are expected to be Level B behavioral
harassment only. Because of the required mitigation measures and the
likelihood that some pinnipeds will avoid the area, no injury or
mortality to pinnipeds is expected or requested.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . .
an impact resulting from the specified 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.'' In making a negligible impact determination,
NMFS considers:
(1) The number of anticipated mortalities;
(2) The number and nature of anticipated injuries;
(3) The number, nature, and intensity, and duration of Level B
harassment; and
(4) The context in which the takes occur.
As mentioned previously, NMFS estimates that four species of marine
mammals could be potentially affected by Level B harassment over the
course of the IHA. For each species, these numbers are small (each,
less than one percent) relative to the population size.
No takes by Level A harassment, serious injury, or mortality are
anticipated to occur as a result of the SGRLPS' proposed activities,
and none are authorized. Only short-term behavioral disturbance is
anticipated to occur due to the brief and sporadic duration of the
proposed activities; the availability of alternate areas near NWSR for
marine mammals to avoid the resultant acoustic disturbance; and limited
access to NWSR during the pupping season. Due to the nature, degree,
and context of the behavioral harassment anticipated, the activities
are not expected to impact rates of recruitment or survival.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that the SGRLPS' helicopter operations and
restoration/maintenance 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 helicopter operations and restoration/
maintenance activities would have a negligible impact on the affected
species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct Population Segment is listed
as threatened under the ESA and occurs in the action area. NMFS
Headquarters' Office of Protected Resources, Permits, Conservation, and
Education Division conducted a formal section 7 consultation under the
ESA with the Southwest Region, NMFS. On January 27, 2010, the Southwest
Region issued a BiOp and concluded that the issuance of IHAs are likely
to adversely affect, but not likely to jeopardize the continued
existence of Steller sea lions. NMFS has designated critical habitat
for the eastern Distinct Population Segment of Steller sea lions in
California at A[ntilde]o Nuevo Island, Southeast Farallon Island,
Sugarloaf Island and Cape Mendocino, California pursuant to section 4
of the ESA (see 50 CFR 226.202(b)). Northwest Seal Rock is neither
within nor nearby these designated areas. Finally, the BiOp included an
ITS for Steller sea lions. The ITS contains reasonable and prudent
measures implemented by terms and conditions to minimize the effects of
this take. NMFS has reviewed the 2010 BiOp and determined that there is
no new information regarding effects to Steller sea lions; the action
has not been modified in a manner which would cause adverse effects not
previously evaluated; there has been no new listing of species or
designation of critical habitat that could be affected by the action;
and, the action will not exceed the extent or amount of incidental take
authorized in the 2010-2012 ITS. Therefore, the proposed IHA does not
require the reinitiation of section 7 consultation under the ESA.
National Environmental Policy Act (NEPA)
To meet NMFS' NEPA requirements for the issuance of an IHA to the
SGRLPS, NMFS prepared an Environmental Assessment (EA) in 2010 that was
specific to conducting aircraft operations and restoration and
maintenance work on the St. George Reef Light Station. The EA, titled
``Issuance of an Incidental Harassment Authorization to Take Marine
Mammals by Harassment Incidental to Conducting Aircraft Operations,
Lighthouse Restoration and Maintenance Activities on St. George Reef
Lighthouse Station in Del Norte County, California,'' evaluated the
impacts on the human environment of NMFS' authorization of incidental
Level B harassment resulting from the specified activity in the
specified geographic region. At that time, NMFS concluded that issuance
of an IHA November 1 through April 30, annually would not significantly
affect the quality of the human environment and issued a Finding of No
Significant Impact (FONSI) for the 2010 EA regarding the SGRLPS'
activities. In conjunction with the SGRLPS' 2011 application, NMFS has
again reviewed the 2010 EA and determined that there are no new direct,
indirect or cumulative impacts to the human and natural environment
associated with the IHA requiring evaluation in a supplemental EA.
NMFS, therefore, reaffirms the 2010 FONSI. A copy of the EA and the
FONSI for this activity is available upon request (see ADDRESSES).
Determinations
NMFS has determined that the impact of conducting the specific
helicopter operations and restoration activities described in this
notice and in the IHA request in the specific geographic region in the
northwestern Pacific Ocean may result, at worst, in a temporary
modification in behavior (Level B harassment) of small numbers of
marine mammals. Further, this activity is expected to result in a
negligible impact on the affected species or stocks of marine mammals.
The provision requiring that the activity not have an unmitigable
impact on the availability of the affected species or stock of marine
mammals for subsistence uses is not implicated for this action.
Authorization
As a result of these determinations, NMFS has issued an IHA to the
SGRLPS to conduct helicopter operations and restoration and maintenance
work on the St. George Reef Light Station on Northwest Seal Rock in the
northeast
[[Page 10569]]
Pacific Ocean from the period of February 18, 2011, through April 30,
2011, or during the period of November 1, 2011, through December 31,
2011, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated. The duration of the IHA would
not exceed one year from the date of its issuance.
Dated: February 16, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-4291 Filed 2-24-11; 8:45 am]
BILLING CODE 3510-22-P
