Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 2011-2012, 30311-30319 [2011-12978]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 76, Number 101 (Wednesday, May 25, 2011)]
[Notices]
[Pages 30311-30319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12978]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA201


Takes of Marine Mammals Incidental to Specified Activities; 
Seabird and Pinniped Research Activities in Central California, 2011-
2012

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from PRBO Conservation 
Science (PRBO), for an Incidental Harassment Authorization (IHA) to 
take marine mammals, by harassment, incidental to conducting proposed 
seabird and pinniped research activities on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central 
California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS 
is requesting comments on its proposal to issue an IHA to PRBO to 
incidentally harass, by Level B harassment only, four species of marine 
mammals during the specified activity from July, 2011 through June, 
2012.

DATES: Comments and information must be received no later than June 24, 
2011.

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. The mailbox address for 
providing e-mail comments is ITP.Cody@noaa.gov. NMFS is not responsible 
for e-mail comments send 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#applications 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 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. Documents cited in this notice may 
be viewed, by appointment, during regular business hours, at the 
aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected 
Resources, NMFS (301) 713-2289, ext. 113.

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs 
the Secretary of Commerce to authorize, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals of a 
species or 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, if the taking is 
limited to harassment, a notice of a proposed authorization is provided 
to the public for review.
    Authorization for the 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 requirements pertaining to the mitigation, 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 established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of marine mammals by harassment. 
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for 
NMFS' review of an application followed by a 30-day public notice and 
comment period on any proposed authorizations for the incidental 
harassment of small numbers of marine mammals. Within 45 days of the 
close of the public comment period, NMFS must either issue or deny the 
authorization.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as:

any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild [Level A harassment]; or (ii) has the potential to disturb a 
marine mammal or marine mammal stock in the wild by causing 
disruption of behavioral patterns, including, but not limited to, 
migration, breathing, nursing, breeding, feeding, or sheltering 
[Level B harassment].

Summary of Request

    NMFS received an application on January 10, 2011, from PRBO 
requesting the taking by harassment, of small numbers of marine 
mammals, incidental to conducting seabird and pinniped research 
activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and 
Point Reyes National Seashore in central California (CA). PRBO, along 
with partners Oikonos Ecosystem Knowledge

[[Page 30312]]

and Point Reyes National Seashore, plan to conduct the proposed 
activities for one year. NMFS reviewed PRBO's application and 
identified a number of issues requiring further clarification. After 
addressing comments from NMFS, PRBO modified its application and 
submitted a revised application on February 23, 2011. NMFS determined 
that application complete and adequate on April 18, 2011.
    PRBO's proposed research activities involve monitoring and 
censusing seabird colonies; observing seabird nesting habitat; 
restoring nesting burrows; observing breeding elephant seals, and 
resupplying a field station. The proposed activities would occur in the 
vicinity of pinniped haul out sites located on Southeast Farallon 
Island (37[deg]41'54.32'' N, 123[deg]0'8.33'' W), A[ntilde]o Nuevo 
Island (37[deg]6'29.25'' N, 122[deg]20'12.20'' W), or within Point 
Reyes National Seashore (37[deg]59'38.61'' N, 122[deg]58'24.90'' W) in 
Central CA.
    Acoustic and visual stimuli generated by: (1) Noise generated by 
motorboat approaches and departures; (2) noise generated during 
restoration activities and loading operations while resupplying the 
field station; and (3) human presence during seabird and pinniped 
research activities, may have the potential to cause California sea 
lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina), 
northern elephant seals (Mirounga angustirostris), and Steller sea 
lions (Eumetopias jubatus) hauled out on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, or Point Reyes National Seashore to flush into 
the surrounding water or to cause a short-term behavioral disturbance 
for marine mammals in the proposed areas. These types of disturbances 
are the principal means of marine mammal taking associated with these 
activities and PRBO has requested an authorization to take 5,104 
California sea lions, 526 harbor seals, 190 northern elephant seals, 
and 20 Steller sea lions (Eumetopias jubatus) by Level B harassment 
only.
    To date, NMFS has issued three 1-year IHAs to PRBO for the conduct 
of the same activities from 2007 to 2010. This is PRBO's fourth request 
for an IHA and the monitoring results from the 2008-2009 IHA appear in 
the Proposed Monitoring section of this notice.

Description of the Specified Geographic Region

    The proposed action area consists of the following three locations 
in the northeast Pacific Ocean:

South Farallon Islands

    The South Farallon Islands (SFI) consist of Southeast Farallon 
Island (SEFI) located at 37[deg]41'54.32'' N, 123[deg]0'8.33'' W and 
West End Island (WEI). These two islands are directly adjacent to each 
other and separated by only a 30-foot (ft) (9.1 meter (m)) channel. The 
SFI have a land area of approximately 120 acres (0.49 square kilometers 
(km)) and are part of the Farallon National Wildlife Refuge. The 
islands are located near the edge of the continental shelf 28 miles 
(mi) (45.1 km) west of San Francisco, CA, and lie within the waters of 
the Gulf of the Farallones National Marine Sanctuary (NMS).

A[ntilde]o Nuevo Island

    A[ntilde]o Nuevo Island (ANI) located at 37[deg]6'29.25'' N, 
122[deg]20'12.20'' W is one-quarter mile (402 m) offshore of A[ntilde]o 
Nuevo Point in San Mateo County, CA. This small 25-acre (0.1 square km) 
island is part of the A[ntilde]o Nuevo State Reserve, all of which is 
owned and operated by California State Parks. ANI lies within the 
Monterey Bay NMS and the newly established A[ntilde]o Nuevo State 
Marine Conservation Area.

Point Reyes National Seashore

    Point Reyes National Seashore (PRNS) located is approximately 40 
miles (64.3 km) north of San Francisco Bay and also lies within the 
Gulf of the Farallones NMS. The proposed research areas (Life Boat 
Station, Drakes Beach, and Point Bonita) are within the headland 
coastal areas of the national park.

Description of the Specified Activity

Seabird Research on SEFI

    PRBO proposes to conduct: (1) Daily observations of seabird 
colonies at a maximum frequency of three 15-minute (min) visits per 
day; and (2) conduct daily observations of breeding common murres (Uria 
aalge) at a maximum frequency of one 5-hour visit per day between July, 
2011 and June, 2012. These activities usually involve one or two 
observers conducting daily censuses of seabirds or conducting mark/
recapture studies of breeding seabirds on SEFI. The researchers plan to 
access the island's two landing areas, the North Landing and the East 
Landing, by 14 to 18 ft (4.3 to 5.5 m) open motorboats which are 
hoisted onto the island using a derrick system and then travel by foot 
to coastal areas of the island to view breeding seabirds from behind an 
observation blind.
    The potential for incidental take related to the mark/recapture 
studies is very low as these activities are conducted within the 
interior of the island away from the intertidal areas where the 
pinnipeds haul out. Most potential for incidental take would occur when 
the researchers approach or depart the intertidal area by motorboat or 
when the researchers walk within 50 ft (15.2 m) of the haulout areas to 
enter the observation blinds to observe shorebirds.

Field Station Resupply on SEFI

    PRBO proposes to resupply the field station once every two weeks at 
a maximum frequency of 26 visits. Resupply activities involve personnel 
approaching either the North Landing or East Landing by motorboat. At 
East Landing--the primary landing site--all personnel assisting with 
the landing would stay on the loading platform approximately 30 ft (9.1 
m) above the water. At North Landing, loading operations would occur at 
the water level in the intertidal areas. Most potential for incidental 
take would occur when the researchers approach the area by motorboat or 
when the researchers load or unload supplies onshore.

Seabird Research on A[ntilde]o Nuevo Island (ANI)

    PRBO, in collaboration with Oikonos--Ecosystem Knowledge, proposes 
to monitor seabird burrow nesting habitat quality and to conduct 
habitat restoration at a maximum frequency of 20 visits per year. This 
activity involves two to three researchers accessing the north side of 
the island by a 12 ft (3.7 m) Zodiac boat. Once onshore, the 
researchers will check subterranean nest boxes and restore any nesting 
habitat for approximately 15 min.
    Most potential for incidental take would occur at the landing beach 
on the north side of the island when the researchers arrive and depart 
to check the boxes. Non-breeding pinnipeds may occasionally be present, 
including California sea lions that may be hauled out near a small 
group of subterranean seabird nest boxes on the island terrace. In both 
locations researchers are located more than 50 ft (15.2 m) away from 
any pinnipeds which may be hauled out.

Seabird Research on Point Reyes National Seashore (PRNS)

    The National Park Service in collaboration with PRBO monitors 
seabird breeding and roosting colonies; conducts habitat restoration; 
removes non-native plants; monitors intertidal areas; maintains coastal 
dune habitat. Seabird monitoring usually involves one or two observers 
conducting the survey

[[Page 30313]]

by small boats (12 to 22 ft; 3.6 to 6.7 m) along the PRNS shoreline. 
Researchers would visit the site at a maximum frequency of 20 times per 
year, with an emphasis on increasing monitoring during the nesting 
season. Researchers would conduct occasional, intermittent visits 
during the rest of the year.
    A majority of the research occurs in areas where marine mammals are 
not present. However, the potential for incidental harassment will 
occur at the landing beaches along Point Reyes Headland, boat ramps, or 
parking lots where northern elephant seals, harbor seals, or California 
sea lions may be hauled out in the vicinity.

Pinniped Research on West End Island (WEI)

    Pinniped research activities involve surveying breeding northern 
elephant seals on WEI between early December and late February. At 
least three researchers would visit the site at a maximum frequency of 
five times per year. To conduct the census, the researchers would 
travel by foot approximately 1,500 ft (457.2 m) above the site to 
conduct the census. Historically, a few juvenile Steller sea lions may 
haul out on a spit of rocks called Shell Beach Rocks below the transit 
path to the northern elephant seal haul out. Thus, the potential for 
incidental harassment of Steller sea lions may occur when the 
researchers transit above Shell Beach Rocks.
    NMFS expects that acoustic and visual stimuli resulting from the 
proposed motorboat operations and human presence has the potential to 
harass marine mammals, incidental to the conduct of the proposed 
activities. NMFS expects these disturbances to be temporary and result, 
at worst, in a temporary modification in behavior and/or low-level 
physiological effects (Level B Harassment) of small numbers of certain 
species of marine mammals.

Description of the Marine Mammals in the Area of the Proposed Specified 
Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird and pinniped research at the proposed research areas 
on SEFI, ANI, and PRNS are primarily California sea lions, northern 
elephant seals, Pacific harbor seals, and to a lesser extent the 
eastern distinct population of the Steller sea lion which is listed as 
endangered under the U.S. Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.)
    General information of these species can be found in Caretta et 
al., (2010) and Allen and Angliss (2010) and is available at the 
following URLs: https://www.nmfs.noaa.gov/pr/pdfs/sars/po2010_draft.pdf 
and https://www.nmfs.noaa.gov/pr/pdfs/sars/ak2010_draft.pdf 
respectively. Refer to these documents for information on these 
species. Additional information on these species is presented below 
this section.

Northern Elephant Seal

    Northern elephant seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
northern elephant breeding population is distributed from central Baja 
California, Mexico, to the Point Reyes Peninsula in northern 
California. Along this coastline there are 13 major breeding colonies.
    Populations of northern elephant seals in the U.S. and Mexico were 
all originally derived from a few tens or a few hundreds of individuals 
surviving in Mexico after being nearly hunted to extinction (Stewart et 
al., 1994). Given the very recent derivation of most rookeries, no 
genetic differentiation would be expected. Although movement and 
genetic exchange continues between rookeries, most elephant seals 
return to their natal rookeries when they start breeding (Huber et al., 
1991). The California breeding population is now demographically 
isolated from the Baja California population. No international 
agreements exist for the joint management of this species by the U.S. 
and Mexico. The California breeding population is considered to be a 
separate stock (Caretta et al., 2010).
    A complete population count of elephant seals is not possible 
because all age classes are not ashore at the same time. Elephant seal 
population size is typically estimated by counting the number of pups 
produced and multiplying by the inverse of the expected ratio of pups 
to total animals (McCann, 1985). Stewart et al., (1994) used McCann's 
multiplier of 4.5 to extrapolate from 28,164 pups to a population 
estimate of 127,000 elephant seals in the U.S. and Mexico in 1991. The 
multiplier of 4.5 was based on a non-growing population. Boveng (1988) 
and Barlow et al. (1993) suggest that a multiplier of 3.5 is more 
appropriate for a rapidly growing population such as the California 
stock of elephant seals. Based on the estimated 35,549 pups born in 
California in 2005 and this 3.5 multiplier, the California stock was 
approximately 124,000 in 2005.
    At Point Reyes, the population grew at 32.8 percent per year 
between 1988 and 1997 (Sydeman and Allen, 1999) and around 10 percent 
per year since 2000 (S. Allen, unpubl. data), and in 2006 around 700 
pups were born at three primary breeding areas. The population on the 
Farallon Islands has declined by 3.4 percent per year since 1983, and 
in recent years numbers have fluctuated between 100 and 200 pups (W. 
Sydeman, D. Lee, unpubl. data). Observers first sighted elephant seals 
on A[ntilde]o Nuevo Island in 1955 and today the population ranges from 
900 to 1,000 adults (M. Lowry, unpubl. data).
    Elephant seals congregate in central California to breed from late 
November to March. Females typically give birth to a single pup and 
attend the pup for up to six weeks. Breeding occurs after the pup is 
weaned by attending males. After breeding, seals migrate to the Gulf of 
Alaska or deeper waters in the eastern Pacific. Adult females and 
juveniles return to terrestrial colonies to molt in April and May, and 
males return in June and July to molt, remaining onshore for around 
three weeks.

California Sea Lion

    California sea lions are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
California sea lion includes three subspecies: Z. c. wollebaeki (on the 
Galapagos Islands), Z. c. japonicus (in Japan, but now thought to be 
extinct), and Z. c. californianus (found from southern Mexico to 
southwestern Canada; herein referred to as the California sea lion). 
The subspecies is comprised of three stocks: (1) The U.S. stock, 
beginning at the U.S./Mexico border extending northward into Canada; 
(2) the western Baja California stock, extending from the U.S./Mexico 
border to the southern tip of the Baja California peninsula; and (3) 
the Gulf of California stock, which includes the Gulf of California 
from the southern tip of the Baja California peninsula and across to 
the mainland and extends to southern Mexico (Lowry et al., 1992).
    In 2009, the estimated population of the U.S. stock of California 
sea lion ranged from 141,842 to 238,000 animals and the maximum 
population growth rate was 6.52 percent when pup counts from El 
Ni[ntilde]o years (1983, 1984, 1992, 1993, 1998, and 2003) were removed 
(Carretta et al., 2010).
    Major rookeries for the California sea lion exist on the Channel 
Islands off southern California and on the islands situated along the 
east and west coasts of Baja California. Males are polygamous, 
establishing breeding territories that may include up to fourteen 
females. They defend their territories with aggressive physical 
displays and vocalization. Sea lions reach sexual maturity at four to 
five

[[Page 30314]]

years old and the breeding season lasts from May to August. Most pups 
are born from May through July and weaned at 10 months old.
    The U.S. stock of California sea lion is the only stock present in 
the proposed research area and in recent years, California sea lions 
have begun to breed annually in small numbers at Southeast Farallon and 
A[ntilde]o Nuevo Islands.
    On the Farallon Islands, California sea lions haul out in many 
intertidal areas year round, fluctuating from several hundred to 
several thousand animals. California sea lions at PRNS haul out at only 
a few locations, but will occur on human structures such as boat ramps. 
The annual population averages around 300 to 500 during the fall 
through spring months, although on occasion, several thousand sea lions 
can arrive depending upon local prey resources (S. Allen, unpublished 
data). On A[ntilde]o Nuevo Island, California sea lions may haul out at 
one of eight beach areas on the perimeter of the island (see Figure 2 
in the Application). The island's average population ranges from 4,000 
to 9,500 animals (M. Lowry, unpublished data).

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
animals inhabit near-shore coastal and estuarine areas from Baja 
California, Mexico, to the Pribilof Islands in Alaska. Pacific harbor 
seals are divided into two subspecies: P. v. stejnegeri in the western 
North Pacific, near Japan, and P. v. richardsi in the northeast Pacific 
Ocean. The latter subspecies, recognized as three separate stocks, 
inhabits the west coast of the continental United States, including: 
The outer coastal waters of Oregon and Washington states; Washington 
state inland waters; and Alaska coastal and inland waters. Two of these 
stocks, the California stock and Oregon/Washington coast stock, of 
Pacific harbor seals are identified off the coast of Oregon and 
California for management purposes under the MMPA. However, the stock 
boundary is difficult to distinguish because of the continuous 
distribution of harbor seals along the west coast and any rigid 
boundary line is (to a greater or lesser extent) arbitrary, from a 
biological perspective (Carretta et al., 2010).
    In 2009, the estimated population of the California of Pacific 
harbor seals ranged from 31,600 to 34,233 animals and the maximum 
population growth rate was 3.5 percent. The estimated population of the 
Oregon/Washington coast stocks was 24,732 animals (Carretta et al., 
2010).
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). On the 
Farallon Islands, approximately 40 to 120 Pacific harbor seals haul out 
in the intertidal areas (PRBO unpublished data). Harbor seals at PRNS 
haul out at nine locations with an annual population of up to 4,000 
animals (M. Lowry, unpublished data). On A[ntilde]o Nuevo Island, 
harbor seals may haul out at one of eight beach areas on the perimeter 
of the island (see Figure 2 in PRBO's Application) and the island's 
average population ranges from 100 to 150 animals (M. Lowry, 
unpublished data).
    Harbor seals mate at sea and females give birth during the spring 
and summer, although, the pupping season varies with latitude. Pups are 
nursed for an average of 24 days and are ready to swim minutes after 
being born. Harbor seal pupping takes place at many locations and 
rookery size varies from a few pups to many hundreds of pups.

Steller Sea Lion

    The Steller sea lion eastern stock is listed as threatened under 
the ESA and is categorized as depleted under the MMPA. Steller sea 
lions range along the North Pacific Rim from northern Japan to 
California (Loughlin et al., 1984), with centers of abundance and 
distribution in the Gulf of Alaska and Aleutian Islands, respectively. 
Two separate stocks of Steller sea lions were recognized within U.S. 
waters: An eastern U.S. stock, which includes animals east of Cape 
Suckling, Alaska (144[deg] W), and a western U.S. stock, which includes 
animals at and west of Cape Suckling (Loughlin, 1997). The species is 
not known to migrate, but individuals disperse widely outside of the 
breeding season (late May through early July), thus potentially 
intermixing with animals from other areas.
    In 2008, the estimated population of the eastern U.S. stock ranged 
from 44,404 to 55,832 animals and the maximum population growth rate 
was 3.1 percent (Angliss and Allen, 2010).
    The eastern U.S. stock of Steller sea lions breeds on rookeries 
located in southeast Alaska, British Columbia, Oregon, and California; 
there are no rookeries located in Washington state. Counts of pups on 
rookeries conducted near the end of the birthing season are nearly 
complete counts of pup production.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS 1995, 
Trujillo et al., 2004, Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern California and new rookeries established in 
southeastern Alaska (Pitcher et al., 2007).
    The current population of eastern Steller sea lions in the proposed 
research area is estimated to number between 50 and 750 animals. The 
PRBO estimates that between 50 and 150 Steller sea lions live on the 
Farallon Islands, and the NMFS Southwest Fisheries Science Center 
(SWFSC) estimates between 400 and 600 live on ANI (PRBO unpublished 
data, 2008; SWFSC unpublished data, 2008).
    On SEFI, the abundance of females declined an average of 3.6 
percent per year from 1974 to 1997 (Sydeman and Allen, 1999). Pup 
counts at ANI declined 5 percent annually through the 1990s (NOAA Stock 
Assessment, 2003), and have apparently stabilized between 2001 and 2005 
(M. Lowry, SWFSC unpublished data).
    In 2000, the combined pup estimate for both islands was 349. In 
2005, the pup estimate was 204 on ANI. Pup counts on the Farallon 
Islands have generally varied from five to 15 (Hastings and Sydeman, 
2002; PRBO unpublished data). Pups have not been born at Point Reyes 
Headland since the 1970s and Steller sea lions are seen in very low 
numbers there currently (S. Allen, unpubl. data).
    Steller sea lions give birth in May through July and breeding 
commences a couple of weeks after birth. Pups are weaned during the 
winter and spring of the following year.

Other Marine Mammals in the Proposed Action Area

    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the ESA and categorized as depleted under the MMPA, 
usually range in coastal waters within two km of shore. PRBO has not 
encountered California sea otters on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, or Point Reyes National Seashore during the 
course of seabird or pinniped research activities over the past three 
years. This species is managed by the U.S. Fish and Wildlife Service 
and is not considered further in this proposed IHA notice.

Potential Effects on Marine Mammals

    Acoustic and visual stimuli generated by: (1) Motorboat operations; 
and (2) the

[[Page 30315]]

appearance of researchers may have the potential to cause Level B 
harassment of any pinnipeds hauled out on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, or Point Reyes National Seashore. The effects 
of sounds from motorboat operations and the appearance of researchers 
might include hearing impairment or behavioral disturbance (Southall, 
et al., 2007).

Hearing Impairment

    Marine mammals produce sounds in various important contexts--social 
interactions, foraging, navigating, and to responding to predators. The 
best available science suggests that pinnipeds have a functional aerial 
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and 
can produce a diversity of sounds, though generally from 100 Hz to 
several tens of kHz (Southall, et al., 2007).
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran, 
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount 
of threshold shift include the amplitude, duration, frequency content, 
temporal pattern, and energy distribution of noise exposure. The 
magnitude of hearing threshold shift normally decreases over time 
following cessation of the noise exposure. The amount of threshold 
shift just after exposure is called the initial threshold shift. If the 
threshold shift eventually returns to zero (i.e., the threshold returns 
to the pre-exposure value), it is called temporary threshold shift 
(TTS) (Southall et al., 2007).
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the small boats equipped with outboard 
engines (Richardson, Greene, Malme, and Thomson, 1995). However, there 
is a dearth of information on acoustic effects of motorboats on 
pinniped hearing and communication and to NMFS' knowledge; there has 
been no specific documentation of hearing impairment in free-ranging 
pinnipeds exposed to small motorboats during realistic field 
conditions.

Behavioral Disturbance

    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). Disturbance includes a variety of effects, including 
subtle to conspicuous changes in behavior, movement, and displacement. 
Reactions to sound, if any, depend on species, state of maturity, 
experience, current activity, reproductive state, time of day, and many 
other factors (Richardson et al., 1995; Wartzok et al., 2004; Southall 
et al., 2007; Weilgart, 2007). However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007).
    Numerous studies have shown that human activity can flush harbor 
seals off haul out sites (Allen et al., 1984; Calambokidis et al., 
1991; Suryan and Harvey, 1999; and Mortenson et al., 2000). The 
Hawaiian monk seal (Monachus schauinslandi) has been shown to avoid 
beaches that have been disturbed often by humans (Kenyon, 1972). And in 
one case, human disturbance appeared to cause Steller sea lions to 
desert a breeding area at Northeast Point on St. Paul Island, Alaska 
(Kenyon, 1962).
    In 1997, Henry and Hammil (2001) conducted a study to measure the 
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats) 
on harbor seal haulout behavior in M[eacute]tis Bay, Quebec, Canada. 
During that study, the authors noted that the most frequent 
disturbances (n=73) were caused by lower speed, lingering kayaks and 
canoes (33.3 percent) as opposed to motorboats (27.8 percent) 
conducting high speed passes. The seal's flight reactions could be 
linked to a surprise factor by kayaks-canoes which approach slowly, 
quietly and low on water making them look like predators. However, the 
authors note that once the animals were disturbed, there did not appear 
to be any significant lingering effect on the recovery of numbers to 
their pre-disturbance levels. In conclusion, the study showed that boat 
traffic at current levels has only a temporary effect on the haulout 
behavior of harbor seals in the M[eacute]tis Bay area.
    In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haulout 
sites on Yellow Island, Washington state. The authors estimated the 
minimum distance between the vessels and the haul-out sites; 
categorized the vessel types; and evaluated seal responses to the 
disturbances. During the course of the seven-weekend study, the authors 
recorded 14 human-related disturbances which were associated with 
stopped powerboats and kayaks. During these events, hauled out seals 
became noticeably active and moved into the water. The flushing 
occurred when stopped kayaks and powerboats were at distances as far as 
453 and 1,217 ft (138 and 371 m) respectively. The authors note that 
the seals were unaffected by passing powerboats, even those approaching 
as close as 128 ft (39 m), possibly indicating that the animals had 
become tolerant of the brief presence of the vessels and ignored them. 
The authors reported that on average, the seals quickly recovered from 
the disturbances and returned to the haulout site in less than or equal 
to 60 min. Seal numbers did not return to pre-disturbance levels within 
180 min. of the disturbance less than one quarter of the time observed. 
The study concluded that the return of seal numbers to pre-disturbance 
levels and the relatively regular seasonal cycle in abundance 
throughout the area counter the idea that disturbances from powerboats 
may result in site abandonment (Johnson and Acevedo-Gutierrez, 2007).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 decibels re: 20 [mu]Pa) 
non-pulse sounds often leave haulout areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Based on 
the available data, previous monitoring reports from PRBO, and studies 
described here, any pinnipeds found in the vicinity of the proposed 
project are only anticipated to have short-term behavioral reactions to 
the noise attributed to PRBO's motorboat operations and human presence 
related to the seabird and pinniped research. NMFS would expect the 
pinnipeds to return to a haulout site within 60 min. of the disturbance 
(Allen et al., 1985). The effects to pinnipeds appear at the most, to 
displace the animals temporarily from their haul out sites and NMFS 
does not expect that the pinnipeds would permanently abandon a haul-out 
site during the conduct of the proposed research. The maximum 
disturbance to Steller sea lions would result in the animals flushing 
into the water in response to presence of the researchers.
    Finally, no research activities would occur on pinniped rookeries 
and breeding animals are concentrated in areas where researchers would 
not visit. Therefore, NMFS does not expect mother and pup separation or 
crushing of pups to occur.
    The potential effects to marine mammals described in this section 
of the document do not take into consideration the proposed monitoring 
and mitigation measures described later

[[Page 30316]]

in this document (see the ``Proposed Mitigation'' and ``Proposed 
Monitoring and Reporting'' sections) which, as noted, are designed to 
effect the least practicable adverse impact on affected marine mammal 
species and stocks.

Anticipated Effects on Habitat

    NMFS does not anticipate that the proposed operations would result 
in any temporary or permanent effects on the habitats used by the 
marine mammals in the proposed area, including the food sources they 
use (i.e.. fish and invertebrates). NMFS does not anticipate that there 
would be any physical damage to any habitat. While NMFS anticipates 
that the specified activity may result in marine mammals avoiding 
certain areas due to temporary ensonification and human presence, this 
impact to habitat is temporary and reversible which NMFS considered in 
further detail earlier in this document, as behavioral modification.

Proposed 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.
    PRBO has based the mitigation measures described herein, to be 
implemented for the proposed seabird and pinniped research activities, 
on the following: (1) Protocols used during previous PRBO seabird and 
pinniped research activities as approved by NMFS; (2) recommended best 
practices in Richardson et al. (1995); (3) the Terms and Conditions of 
Scientific Research Permit 373-1868-00; and (4) the Terms and 
Conditions listed in the Incidental Take Statement for NMFS' 2008 
Biological Opinion for these activities.
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities PRBO and/or its designees has 
proposed to implement the following mitigation measures for marine 
mammals:
    (1) Abide by all of the Terms and Conditions listed in the 
Incidental Take Statement for NMFS' 2008 Biological Opinion, including: 
Monitoring for offshore predators and reporting on observed behaviors 
of Steller sea lions in relation to the disturbance.
    (2) Abide by the Terms and Conditions of Scientific Research Permit 
373-1868-00.
    (3) Postpone beach landings on A[ntilde]o Nuevo Island until 
pinnipeds that may be present on the beach have slowly entered the 
water.
    (4) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed, with the first priority being 
avoiding the disturbance of Steller sea lions at haul-outs.
    (5) Avoid visits to sites used by pinnipeds for pupping.
    (6) Monitor for offshore predators and not approach hauled out 
Steller sea lions or other pinnipeds if great white sharks (Carcharodon 
carcharias) or killer whales (Orcinas orca) are seen in the area. If 
predators are seen, eastern U.S. stock Steller sea lions or any other 
pinniped must not be disturbed until the area is free of predators.
    (7) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    (8) Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    (9) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo 
Island if pinnipeds are within view.
    (10) Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and to coordinate research 
goals for A[ntilde]o Nuevo Island to minimize the number of trips to 
the island.
    (11) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so 
that areas near any pinnipeds would be accessed only once per visit.
    (12) Have the lead biologist serve as an observer to evaluate 
incidental take.
    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and has 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: (i) 
The manner in which, and the degree to which, the successful 
implementation of the measure is expected to minimize adverse impacts 
to marine mammals; (ii) the proven or likely efficacy of the specific 
measure to minimize adverse impacts as planned; and (iii) the 
practicability of the measure for applicant implementation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS or recommended by the public, 
NMFS has preliminarily determined that the proposed mitigation measures 
provide the means of effecting the least practicable adverse impacts on 
marine mammals species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance.

Proposed Monitoring

Summary of Previous Monitoring

    PRBO has complied with the mitigation and monitoring required under 
the previous authorization for the 2008-2009 seasons. In compliance 
with the 2008-2009 IHA, PRBO submitted a final report on their 
activities covering the period of December 12, 2008 through December 
11, 2009. During the effective dates of the 2008-2009 IHA, PRBO 
conducted seabird and pinniped research activities on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore. PRBO recorded the following behaviors (i.e., alert, moved 
greater than one meter, or flushed to the water) of marine mammals 
during the course of the IHA. The total number of potentially harassed 
California sea lions (991); northern elephant seals (102); harbor seals 
(93); and Steller sea lions (10) during the conduct of the research 
activities were, respectively, 67, 78, 62, and 52 percent lower than 
what NMFS authorized in the IHA. These results support NMFS' original 
findings that the mitigation measures set forth in the 2008-2009 IHA 
effected the least practicable adverse impact on the species or stock.
    PRBO will submit an annual monitoring report for the 2010-2011 IHA 
(effective dates, February 19, 2010 through February 18, 2011) by May 
19, 2011. Upon receipt, NMFS will post this annual report on the same 
Internet address.
    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the action area.
    As part of its 2011 application for an IHA, PRBO provided a 
proposed monitoring plan for assessing impacts to seals and sea lions 
from the research

[[Page 30317]]

activities. The PRBO researchers will monitor the area for pinnipeds 
during all research activities. Monitoring activities will consist of 
conducting and recording observations on pinnipeds within the vicinity 
of the proposed research areas. The monitoring notes would provide 
dates, location, species, the researcher's activity, behavioral state, 
numbers of animals that were alert or moved greater than one meter, and 
numbers of pinnipeds that flushed into the water.

Proposed Reporting

    The PRBO will submit a final monitoring report to the NMFS Director 
of the Office of Protected Resources no later than 90 days after the 
expiration of the Incidental Harassment Authorization (IHA), if it is 
issued. The final 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. The final report will 
provide:
    (i) A summary and table of the dates, times, and weather during all 
seabird and pinniped research 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 or visual stimuli associated 
with the seabird and pinniped research 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.
    PRBO will report all injured and dead marine mammals (regardless of 
cause) to NMFS as soon as practicable. The report should include the 
species or description of the animal, the condition of the animal, 
location, time first found, observed behaviors (if alive) and photo or 
video if available.
    In the unanticipated event that PRBO's activities cause any taking 
of a marine mammal in a manner prohibited by the IHA, if issued, such 
as an injury (Level A harassment), serious injury or mortality, PRBO 
shall postpone the authorized activities and immediately report the 
incident to the Chief of the Permits, Conservation, and Education 
Division, Office of Protected Resources and shall submit an incident 
report to NMFS. The report must include the following information: 
Time, date, and location (latitude/longitude) of the incident; the name 
and type of vessel involved; the vessel's speed during the incident; 
description of the incident; water depth; environmental conditions 
(e.g. wind speed and direction, sea state, cloud cover, and 
visibility); species identification or description of the animal; the 
fate of the animal; and photographs or video footage of the animal (if 
equipment is available). Activities shall not resume until NMFS is able 
to review the circumstances of the prohibited take. NMFS shall work 
with PRBO to determine whether modifications in the activities are 
appropriate and necessary. PRBO may not resume their activities until 
notified by NMFS in writing via a letter or an email or via the 
telephone.

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 proposed seabird and pinniped research activities on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore.
    Based on PRBO's previous research experiences, with the same 
activities conducted in the proposed research area, and on marine 
mammal research activities in these areas, NMFS estimates that 
approximately 5,104 California sea lions, 526 harbor seals, 190 
northern elephant seals, and 20 Steller sea lions could be potentially 
affected by Level B behavioral harassment over the course of the 
proposed IHA. NMFS calculated the take estimates by multiplying three 
components: (1) The maximum number of animals that could be present; 
(2) the maximum number of disturbances; and (3) the estimated number of 
days that an animal could be present in the proposed area. NMFS derived 
these estimates from the results of the 2008-2009 monitoring report and 
anecdotal information from PRBO scientists.

Table 1--Estimates of the Possible Numbers of Marine Mammals Exposed to Acoustic and Visual Stimuli During PRBO's Proposed Seabird and Pinniped Research
                                                                During July 2011-June2012
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Maximum
                                             Maximum        estimated      Estimated number of days with animal
                Activity                    estimated       number of                    presence                  Requested number of incidental takes
                                         number present   disturbances
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      California sea lions: Requested take = 5,104
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEFI Daily Observations................              27               3  E. Landing--15                           E. Landing--1,215
                                                                         N. Landing--22                           N. Landing--1,782
                                                                         Other Areas--4                           Other Areas--324
SEFI Murre Research....................              26               1  Other Areas--17                          Other Areas--442
SEFI Field Station Resupply............              31               1  E. Landing--13                           E. Landing--403
ANI Seabird Monitoring.................              68               1  Other Areas--12                          Other Areas--816
ANI Intermittent Activities............             110               1  Other Areas--1                           Other Areas--110
PRNS Seabird Monitoring................               3               1  Other Areas--4                           Other Areas--12
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Harbor seals: Requested take = 526
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEFI Daily Observations................               5               3  E. Landing--4                            E. Landing--60
                                                                         N. Landing--7                            N. Landing--105
                                                                         Other Areas--18                          Other Areas--270
SEFI Murre Research....................               2               1  N. Landing--9                            N. Landing--18

[[Page 30318]]

 
SEFI Field Station Resupply............              12               1  E. Landing--2                            E. Landing--24
                                                                         N. Landing--2                            N. Landing--24
ANI Seabird Monitoring.................               2               1  Other Areas--5                           Other Areas--10
PRNS Seabird Monitoring................              15               1  Other Areas--1                           Other Areas--15
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Northern elephant seals: Requested take = 190
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEFI Daily Observations................               2               3  E. Landing--4                            E. Landing--24
                                                                         N. Landing--7                            N. Landing--42
SEFI Murre Research....................               4               1  N. Landing--5                            N. Landing--20
SEFI Field Station Resupply............               2               1  E. Landing--1                            E. Landing--2
ANI Seabird Monitoring.................              10               1  Other Areas--10                          Other Areas--100
PRNS Seabird Monitoring................               2               1  Other Areas--1                           Other Areas--2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Steller sea lions: Requested take = 20
--------------------------------------------------------------------------------------------------------------------------------------------------------
SEFI Daily Observations................               2               3  Other Areas--1                           Other Areas--6
SEFI Murre Research....................               9               1  Other Areas--1                           Other Areas--9
SEFI Field Station Resupply............               1               1  E. Landing--1                            E. Landing--1
ANI Seabird Monitoring.................               1               1  Other Areas--2                           Other Areas--2
ANI Intermittent Activities............               1               1  Other Areas--1                           Other Areas--1
PRNS Seabird Monitoring................               1               1  Other Areas--1                           Other Areas--1
--------------------------------------------------------------------------------------------------------------------------------------------------------
Other Areas: Elephant Seal Colony (SEFI), Sea Lion Cove (SEFI), Landing Cove (ANI), and Drakes Beach (PRNS).

    Estimates of the numbers of marine mammals that might be affected 
are based on consideration of the maximum number of marine mammals that 
could be disturbed by approximately 1,908 visits to SEFI, ANI, and PRNS 
during the course of the proposed activity. These incidental harassment 
numbers represent approximately two percent of the U.S. stock of 
California sea lion, 1.5 percent of the California stock of Pacific 
harbor seal, 0.15 percent of the California breeding stock of northern 
elephant seal, and 0.04 percent of the eastern U.S. stock of Steller 
sea lion. For each species, these numbers are small relative to the 
population size.
    NMFS expects all of the potential takes 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 or equal to two percent) relative to the population size.
    NMFS does not anticipate takes by Level A harassment, serious 
injury, or mortality to occur as a result of PRBO's proposed 
activities, and none are authorized. These species may exhibit 
behavioral modifications, including temporarily vacating the area 
during the proposed seabird and pinniped research activities to avoid 
the resultant acoustic and visual disturbances. However, NMFS 
anticipates only short-term behavioral disturbance to occur due to the 
short and sporadic duration of the research activities, the 
availability of alternate areas for marine mammals to avoid the 
resultant acoustic and visual disturbances; and limited access of PRBO 
researchers to Southeast Farallon Island, A[ntilde]o Nuevo Island, and 
Point Reyes National Seashore during the pupping season. Due to the 
nature, degree, and context of the behavioral harassment anticipated, 
the proposed 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 preliminarily finds that the impact of conducting 
proposed seabird and pinniped research activities on Southeast Farallon 
Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in 
central California, July, 2011 through June, 2012, would result in the 
incidental take of small numbers of marine mammals, by Level B 
behavioral harassment only, and that the total taking from PRBO's 
proposed activities would have a negligible impact on the affected 
species or stocks; and that impacts to affected species or stocks of 
marine mammals would be mitigated to the lowest level practicable.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action.

Endangered Species Act

    The Steller sea lion, eastern U.S. stock is listed as threatened 
under the ESA and occurs in the research area. NMFS Headquarters' 
Office of Protected Resources, Permits, Conservation, and

[[Page 30319]]

Education Division conducted a formal section 7 consultation under the 
ESA. On November 18, 2008, NMFS issued a Biological Opinion (2008 BiOp) 
and concluded that the issuance of an IHA is likely to affect, but not 
likely to jeopardize the continued existence of Steller sea lions. NMFS 
has also issued an incidental take statement (ITS) for Steller sea 
lions pursuant to section 7 of the ESA. The ITS contains reasonable and 
prudent measures for implementing terms and conditions to minimize the 
effects of this take. NMFS has reviewed the 2008 BiOp and determined 
that there is no new information regarding effects to 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 no new designation of critical habitat that could be 
affected by the action; and the action will not exceed the extent or 
amount of incidental take authorized in the 2008 BiOp. Therefore, the 
proposed IHA does not require the reinitiation of Section 7 
consultation under the ESA.

National Environmental Policy Act (NEPA)

    To meet NMFS' NEPA requirements for the issuance of an IHA to PRBO, 
NMFS prepared an Environmental Assessment (EA) in 2007 that was 
specific to seabird research activities on SEFI, WEI, ANI, and PRNS and 
evaluated the impacts on the human environment of NMFS' authorization 
of incidental Level B harassment resulting from seabird research in 
Central California. At that time, NMFS determined that conducting the 
seabird research would not have a significant impact on the quality of 
the human environment and issued a Finding of No Significant Impact 
(FONSI) and, therefore, it was not necessary to prepare an 
environmental impact statement for the issuance of an IHA to PRBO for 
this activity. In 2008, NMFS prepared a supplemental EA (SEA) titled 
``Supplemental Environmental Assessment for the Issuance of an 
Incidental Harassment Authorization to Take Marine Mammals by 
Harassment Incidental to Conducting Seabird and Pinniped Research in 
Central California and Environmental Assessment for the Continuation of 
Scientific Research on Pinnipeds in California Under Scientific 
Research Permit 373-1868-00,'' to address new available information 
regarding the effects of PRBO's seabird and pinniped research 
activities that may have cumulative impacts to the physical and 
biological environment. At that time, NMFS concluded that issuance of 
an IHA for the December 2008 through 2009 season would not 
significantly affect the quality of the human environment and issued a 
FONSI for the 2008 SEA regarding PRBO's activities. In conjunction with 
this year's application, NMFS has again reviewed the 2007 EA and the 
2008 SEA and determined that there are no new direct, indirect or 
cumulative impacts to the human and natural environment associated with 
the IHA requiring evaluation in a supplemental EA and NMFS, therefore, 
reaffirms the 2008 FONSI. A copy of the EA, SEA, and the NMFS FONSI for 
this activity is available upon request (see ADDRESSES).

    Dated: May 20, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-12978 Filed 5-24-11; 8:45 am]
BILLING CODE 3510-22-P