Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 2011-2012, 46724-46729 [2011-19666]
Download as PDF
<![CDATA[
46724
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
The North Carolina
Coastal Management Program
evaluation site visit will be held
September 12–16, 2011. One public
meeting will be held during the week.
The public meeting will be held on
Wednesday, September 14th, 2011, at
6:30 p.m. local time at the NOAA
Beaufort Laboratory, NOAA/NCNERR
Administration Building (Building 1),
101 Pivers Island Road, Beaufort, North
Carolina.
The Delaware Coastal Management
Program evaluation site visit will be
held September 19–23, 2011. One
public meeting will be held during the
week. The public meeting will be held
on Monday, September 19, 2011, at 6
p.m. local time at the Delaware Reserve,
818 Kitts Hummock Road, Dover,
Delaware.
The Delaware National Estuarine
Research Reserve evaluation site visit
will be held September 19–23, 2011.
One public meeting will be held during
the week. The public meeting will be
held on Monday, September 19, 2011, at
6 p.m. local time at the Delaware
Reserve, 818 Kitts Hummock Road,
Dover, Delaware.
ADDRESSES: Copies of the states’ most
recent performance reports, as well as
OCRM’s evaluation notification and
supplemental information request
letters to the state, are available upon
request from OCRM. Written comments
from interested parties regarding these
programs are encouraged and will be
accepted until 15 days after the public
meeting held for the program. Please
direct written comments to Kate Barba,
Chief, National Policy and Evaluation
Division, Office of Ocean and Coastal
Resource Management, NOS/NOAA,
1305 East-West Highway, 10th Floor,
N/ORM7, Silver Spring, Maryland
20910, or Kate.Barba@noaa.gov.
SUPPLEMENTARY INFORMATION: Notice is
hereby given of the availability of the
final evaluation findings for the North
Inlet/Winyah Bay (South Carolina)
National Estuarine Research Reserve
(NERR). Sections 312 and 315 of the
Coastal Zone Management Act of 1972
(CZMA), as amended, require a
continuing review of the performance of
coastal states with respect to approval of
CMPs and the operation and
management of NERRs. The North Inlet/
Winyah Bay NERR was found to be
adhering to programmatic requirements
of the NERR System.
Copies of these final evaluation
findings may be obtained upon written
request from: Kate Barba, Chief,
National Policy and Evaluation
Division, Office of Ocean and Coastal
Resource Management, NOS/NOAA,
srobinson on DSK4SPTVN1PROD with NOTICES
DATES AND TIME:
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
1305 East-West Highway, 10th Floor,
N/ORM7, Silver Spring, Maryland
20910, or Kate.Barbaa@noaa.gov.
FOR FURTHER INFORMATION CONTACT: Kate
Barba, Chief, National Policy and
Evaluation Division, Office of Ocean
and Coastal Resource Management,
NOS/NOAA, 1305 East-West Highway,
10th Floor, N/ORM7, Silver Spring,
Maryland 20910, (301) 563–1182, or
Kate.Barba@noaa.gov.
Federal Domestic Assistance Catalog
11.419 Coastal Zone Management Program
Administration.
Dated: July 19, 2011.
Donna Wieting,
Director, Office of Ocean and Coastal
Resource Management National Ocean
Service National Oceanic and Atmospheric
Administration.
[FR Doc. 2011–19494 Filed 8–2–11; 8:45 am]
BILLING CODE 3510–08–M
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA534
Takes of Marine Mammals Incidental to
Specified Activities; Seabird and
Pinniped Research Activities in Central
California, 2011–2012
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to PRBO Conservation Science
(PRBO), to take marine mammals, by
Level B harassment, incidental to
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
California.
DATES: Effective July 29, 2011, through
July 28, 2012.
ADDRESSES: A copy of the authorization,
application, and associated
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) may be obtained 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, telephoning the contact listed
SUMMARY:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
below (see FOR FURTHER INFORMATION
or visiting the internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may
also be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION:
CONTACT),
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 U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s) and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (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
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. NMFS must publish a
notice in the Federal Register within 30
days of its determination to issue or
deny the authorization.
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
srobinson on DSK4SPTVN1PROD with NOTICES
Any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
NMFS received an application on
January 10, 2011, from PRBO requesting
the taking, by Level B harassment, of
small numbers of marine mammals,
incidental to conducting seabird and
pinniped research activities on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore in central California (CA) for
one year. PRBO, along with partners
Oikonos Ecosystem Knowledge and
Point Reyes National Seashore, plan to
conduct the research 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 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
activities would occur in the vicinity of
pinniped haul out sites located on
Southeast Farallon Island (37°41′54.32″
˜
N, 123° 0′8.33″ W), Ano Nuevo Island
(37° 6′29.25″ N, 122°20′12.20″ W), or
within Point Reyes National Seashore
(37°59′38.61″ N, 122°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, Ano Nuevo Island, or
Point Reyes National Seashore to flush
into the surrounding water or to cause
a short-term behavioral disturbance for
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
marine mammals in the 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 by Level
B harassment only.
Description of the Specified Geographic
Region
The 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°41′54.32″ N,
123°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).
˜
Ano Nuevo Island
˜
Ano Nuevo Island (ANI) located at
37° 6′29.25″ N, 122°20′12.20″ W is one˜
quarter mile (402 m) offshore of Ano
Nuevo Point in San Mateo County, CA.
This small 25-acre (0.1 square km)
˜
island is part of the Ano 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 Ano Nuevo State
Marine Conservation Area.
Point Reyes National Seashore
Point Reyes National Seashore (PRNS)
is located approximately 40 miles (64.3
km) north of San Francisco Bay and also
lies within the Gulf of the Farallones
NMS. The 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
PRBO will conduct seabird and
pinniped research activities on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore from July 29, 2011 through
July 28, 2012. To date, NMFS has issued
three, 1-year IHAs to PRBO for the
conduct of the same activities from 2007
to 2011, with the last expiring on Feb.
18, 2011.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
46725
Seabird Research on Southeast Farallon
Island
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 July 2012. These
activities usually involve one or two
observers conducting daily censuses of
seabirds or conducting mark/recapture
studies of breeding seabirds on
Southeast Farallon Island. 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.
Field Station Resupply on Southeast
Farallon Island
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.
˜
Seabird Research on Ano Nuevo Island
PRBO, in collaboration with OikonosEcosystem 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.
Seabird Research on Point Reyes
National Seashore
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
by small boats (12 to 22 ft; 3.6 to 6.7 m)
along the Point Reyes National Seashore
shoreline. Researchers would visit the
site at a maximum frequency of 20 times
E:\FR\FM\03AUN1.SGM
03AUN1
46726
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
per year, with an emphasis on
increasing monitoring during the
nesting season. Researchers would
conduct occasional, intermittent visits
during the rest of the year.
Pinniped Research on West End Island
Pinniped research activities involve
surveying breeding northern elephant
seals on West End Island 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.
NMFS outlined the purpose of the
program in the Notice of Proposed IHA
(76 FR 30311, May 25, 2011). The
activities to be conducted have not
changed between the Notice of Proposed
IHA (76 FR 30311, May 25, 2011) and
this final notice announcing the
issuance of the IHA. For a more detailed
description of the authorized action,
including a discussion of associated
acoustic and visual stimuli from the
pinniped and seabird research, NMFS
refers the reader to the Notice of
Proposed IHA (76 FR 30311, May 25,
2011), the application, and associated
documents referenced earlier in this
document.
lions, northern elephant seals, and
Pacific harbor seals are not listed as
threatened or endangered under the
ESA, nor are they categorized as
depleted under the MMPA.
NMFS included a more detailed
discussion of the status of these stocks
and their occurrence at SEFI, ANI, and
PRNS in the Notice of Proposed IHA (76
FR 30311, May 25, 2011).
srobinson on DSK4SPTVN1PROD with NOTICES
Comments and Responses
NMFS published a notice of receipt of
the PRBO application and proposed IHA
in the Federal Register on May 25, 2011
(76 FR 30311). During the 30-day public
comment period, NMFS received no
comments from the public and one
letter from the Marine Mammal
Commission (Commission), which
recommended that NMFS issue the
requested authorization provided that
PRBO carry out the required mitigation
measures and monitoring as described
in the Notice of Proposed IHA (76 FR
30311, May 25, 2011). NMFS has
included all measures proposed in the
Notice of Proposed IHA (76 FR 30311,
May 25, 2011) in the authorization.
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated
by: (1) Motorboat operations; and (2) the
appearance of researchers may have the
potential to cause Level B harassment of
any pinnipeds hauled out on Southeast
˜
Farallon Island, Ano Nuevo Island, or
Point Reyes National Seashore. This
disturbance from acoustic and visual
stimuli is the principal means of marine
mammal taking associated with these
activities.
The effects of the pinniped and
seabird research activities would be
limited to short-term startle responses
and localized behavioral changes and
have the potential to temporarily
displace the animals from a haulout site.
NMFS would expect the pinnipeds to
return to a haulout site within 60 min
of the disturbance (Allen et al., 1985)
and does not expect that the pinnipeds
would permanently abandon a haulout
site during the conduct of pinniped and
seabird research operations.
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.
For a more detailed discussion of
behavioral reactions of marine mammals
to loud noises or looming visual stimuli,
and some specific observations of the
response of marine mammals to this
activity gathered during previous
monitoring, NMFS refers the reader to
the Notice of Proposed IHA (76 FR
30311, May 25, 2011), the application,
and associated documents.
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammals most likely to
be harassed incidental to conducting
seabird and pinniped research at the
research areas on Southeast Farallon
˜
Island, Ano Nuevo Island, or Point
Reyes National Seashore 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.). California sea
Anticipated Effects on Habitat
NMFS does not anticipate that the
research operations would result in any
temporary or permanent effects on the
habitats used by the marine mammals in
the research areas, 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
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
reversible. See the Notice of Proposed
IHA (76 FR 30311, May 25, 2011).
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 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 will
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 Ano
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 haulouts.
(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
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
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 Ano Nuevo Island if pinnipeds
are within view.
(10) Coordinate research visits to
intertidal areas of Southeast Farallon
Island (to reduce potential take) and to
˜
coordinate research goals for Ano Nuevo
Island to minimize the number of trips
to the island.
(11) Coordinate monitoring schedules
˜
on Ano Nuevo Island, so that areas near
any pinnipeds would be accessed only
once per visit.
(12) Have the lead biologist serve as
an observer to evaluate incidental take.
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 determined that the 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.
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
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the action
area.
PRBO will sponsor a marine mammal
monitor during the present research
project, in order to implement the
mitigation measures thus satisfying the
monitoring requirements of the IHA.
PRBO’s monitoring activities will
consist of monitoring the area for
pinnipeds during all research activities
and conducting and recording
observations on pinnipeds within the
vicinity of the 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.
Reporting
The PRBO will submit a final
monitoring report to the NMFS Director
of Office of Protected Resources no later
than 90 days after the expiration of the
IHA. The final report will describe the
operations that were conducted and
sightings of marine mammals near the
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.
In the unanticipated event that
PRBO’s activities cause any taking of a
marine mammal in a manner prohibited
by the IHA, such as an injury (Level A
harassment), serious injury or mortality
(e.g., vessel-strike), PRBO shall
immediately cease the specified
activities and immediately report the
incident to the Chief of the Permits,
Conservation, and Education Division,
Office of Protected Resources, NMFS, at
301–427–8401 and/or by e-mail to
Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the
Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
46727
and Sarah.Wilkin@noaa.gov). The report
must include the following information:
(a) Time, date, and location (latitude/
longitude) of the incident; the name and
type of vessel involved; the vessel’s
speed during and leading up to the
incident; description of the incident;
water depth; environmental conditions
(e.g., wind speed and direction, Beaufort
sea state, cloud cover, and visibility);
description of marine mammal
observations in the 24 hours preceding
the incident; species identification or
description of the animal(s) involved;
the fate of the animal(s); and
photographs or video footage of the
animal (if equipment is available).
PRBO shall not resume its activities
until NMFS is able to review the
circumstances of the prohibited take.
NMFS shall work with PRBO to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
compliance. PRBO may not resume their
activities until notified by NMFS in
writing via a letter or e-mail or via the
telephone.
In the event that PRBO discovers an
injured or dead marine mammal, and
the lead researcher determines that the
cause of the injury or death is unknown
and the death is relatively recent (i.e., in
less than a moderate state of
decomposition as described in the next
paragraph), PRBO will immediately
report the incident to the Chief of the
Permits, Conservation, and Education
Division, Office of Protected Resources,
NMFS, at 301–427–8401 and/or by email to Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the
Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov
and Sarah.Wilkin@noaa.gov). The report
must include the same information
required above for unauthorized takings.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with PRBO to
determine whether modifications in the
activities are appropriate.
In the event that PRBO discovers an
injured or dead marine mammal, and
the lead researcher determines that the
injury or death is not associated with or
related to the activities authorized in the
IHA (e.g., previously wounded animal,
carcass with moderate to advanced
decomposition, or scavenger damage),
PRBO will report the incident to the
Chief of the Permits, Conservation, and
Education Division, Office of Protected
Resources, NMFS, at 301–427–8401
and/or by
e-mail to Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the
Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov
E:\FR\FM\03AUN1.SGM
03AUN1
46728
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
and Sarah.Wilkin@noaa.gov) within
24 hours of the discovery. PRBO will
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
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].
NMFS anticipates take by Level B
harassment only as a result of the
pinniped and research operations on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore. Based on PRBO’s previous
research experiences, with the same
activities conducted in the research
areas, NMFS estimates that small
numbers of California sea lions, Pacific
harbor seals, northern elephant seals,
and Steller sea lions could be
potentially affected by Level B
behavioral harassment over the course
of the IHA.
For this IHA, NMFS has authorized
the take of 5,104 California sea lions,
526 harbor seals, 190 northern elephant
seals, and 20 Steller sea lions. Because
of the required mitigation measures and
the likelihood that some pinnipeds will
avoid the areas, NMFS expects no
injury, serious injury, or mortality to
occur, and no takes by injury or
mortality are authorized.
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.’’
srobinson on DSK4SPTVN1PROD with NOTICES
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.
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
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
research activities, and none are
authorized. These species may exhibit
behavioral modifications, including
temporarily vacating the area during the
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 brief
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, Ano Nuevo Island, and
Point Reyes National Seashore during
the pupping season. Due to the nature,
degree, and context of the behavioral
harassment anticipated, NMFS does not
expect these activities 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 impact of
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
California, July 29, 2011 through July
28, 2012, will 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 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. Therefore, NMFS has
determined that the total taking of
affected species or stocks would not
have an unmitigable adverse impact on
the availability of such species or stocks
for taking for subsistence purposes.
PO 00000
Frm 00008
Fmt 4703
Sfmt 4703
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
Education Division conducted a formal
section 7 consultation under the ESA.
On November 18, 2008, NMFS issued a
Biological Opinion (2008 BiOp);
concluded that the issuance of an IHA
is likely to affect, but not likely to
jeopardize the continued existence of
Steller sea lions; and 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 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
E:\FR\FM\03AUN1.SGM
03AUN1
Federal Register / Vol. 76, No. 149 / Wednesday, August 3, 2011 / Notices
address new available information
regarding the effects of PRBO’s seabird
and pinniped research activities that
may have cumulative impacts to the
physical and biological environment. At
that time, NMFS concluded that
issuance of an IHA for the December
2008 through 2009 season would not
significantly affect the quality of the
human environment and issued a
FONSI for the 2008 SEA regarding
PRBO’s activities. In conjunction with
this year’s application, NMFS has again
reviewed the 2007 EA and the 2008 SEA
and determined that there are no new
direct, indirect or cumulative impacts to
the human and natural environment
associated with the IHA requiring
evaluation in a supplemental EA and
NMFS, therefore, reaffirms the 2008
FONSI. A copy of the EA, SEA, and the
NMFS FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
As a result of these determinations,
NMFS has issued an IHA to PRBO to
take marine mammals, by Level B
harassment only, incidental to
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
California provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: July 29, 2011.
Helen M. Golde,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2011–19666 Filed 8–2–11; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA396
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Shallow
Hazards Survey in the Chukchi Sea,
Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
srobinson on DSK4SPTVN1PROD with NOTICES
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to Statoil USA E&P Inc. (Statoil)
SUMMARY:
VerDate Mar<15>2010
16:24 Aug 02, 2011
Jkt 223001
to take, by harassment, small numbers
of 13 species of marine mammals
incidental to shallow hazards and
geotechnical surveys in the Chukchi
Sea, Alaska, during the 2011 Arctic
open-water season.
DATES: Effective August 1, 2011, through
November 30, 2011.
ADDRESSES: Inquiry for information on
the incidental take authorization 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. A copy of the application
containing a list of the references used
in this document, NMFS’ 2010
Environmental Assessment (EA), 2011
Supplemental Environmental
Assessment (SEA), Finding of No
Significant Impact (FONSI), and the IHA
may be obtained by writing to the
address specified above, telephoning the
contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the
Internet at: https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Shane Guan, Office of Protected
Resources, NMFS, (301) 427–8401 or
Brad Smith, NMFS, Alaska Region,
(907) 271–3023.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional taking of marine
mammals by U.S. citizens who engage
in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and regulations are issued or,
if the taking is limited to harassment, a
notice of a proposed authorization is
provided to the public for review.
Authorization shall be granted if
NMFS finds that the taking will have a
negligible impact on the species or
stock(s), will not have an unmitigable
adverse impact on the availability of the
species or stock(s) for subsistence uses
(where relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such taking are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as:
An impact resulting from the specified
activity that cannot be reasonably expected
PO 00000
Frm 00009
Fmt 4703
Sfmt 4703
46729
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 U.S. can apply for
an authorization to incidentally take
small numbers of marine mammals by
harassment. Except with respect to
certain activities not pertinent here, the
MMPA defines ‘‘harassment’’ as:
Any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
Section 101(a)(5)(D) establishes a 45day 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 marine
mammals. Within 45 days of the close
of the comment period, NMFS must
either issue or deny issuance of the
authorization.
Summary of Request
NMFS received an application on
March 1, 2011, from Statoil for the
taking, by harassment, of marine
mammals incidental to shallow hazards
site surveys and soil investigations
(geotechnical boreholes) in the Chukchi
Sea, Alaska, during the 2011 open-water
season. After addressing comments from
NMFS, Statoil modified its application
and submitted a revised application on
April 19, 2011. The April 19, 2011,
application was the one available for
public comment (see ADDRESSES) and
considered by NMFS for the IHA.
The shallow hazards and site
clearance surveys would use a towed
airgun cluster consisting of four, 10-in3
airguns with a ∼600 m (1,969 ft) towed
hydrophone streamer, as well as
additional lower-powered and higher
frequency survey equipment for
collecting bathymetric and shallow subbottom data. The proposed survey will
take place on and near Statoil’s leases in
the Chukchi Sea, covering a total area of
∼665 km2 located ∼240 km (150 mi) west
of Barrow and ∼165 km (103 mi)
northwest of Wainwright, in water
depths of ∼30–50 m (100–165 ft).
The geotechnical soil investigations
will take place at prospective drilling
locations on Statoil’s leases and leases
jointly owned with ConocoPhillips
Alaska Inc. (CPAI). All cores will be
either 5.3 cm or 7.1 cm (2.1 in. or 2.8
in.) in diameter (depending on soil
E:\FR\FM\03AUN1.SGM
03AUN1
]]>Agencies
[Federal Register Volume 76, Number 149 (Wednesday, August 3, 2011)]
[Notices]
[Pages 46724-46729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19666]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA534
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; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to PRBO Conservation Science
(PRBO), to take marine mammals, by Level B harassment, 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.
DATES: Effective July 29, 2011, through July 28, 2012.
ADDRESSES: A copy of the authorization, application, and associated
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) may be obtained 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, telephoning the contact listed below (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 also be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
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 U.S. citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region if certain findings are made and, if the taking is
limited to harassment, a notice of a proposed authorization is provided
to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s) and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (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 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. NMFS must publish a notice in the Federal Register
within 30 days of its determination to issue or deny the authorization.
[[Page 46725]]
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 Level B 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) for one year.
PRBO, along with partners Oikonos Ecosystem Knowledge and Point Reyes
National Seashore, plan to conduct the research 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 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
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 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 by Level B harassment only.
Description of the Specified Geographic Region
The 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) is located approximately 40
miles (64.3 km) north of San Francisco Bay and also lies within the
Gulf of the Farallones NMS. The 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
PRBO will conduct seabird and pinniped research activities on
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes
National Seashore from July 29, 2011 through July 28, 2012. To date,
NMFS has issued three, 1-year IHAs to PRBO for the conduct of the same
activities from 2007 to 2011, with the last expiring on Feb. 18, 2011.
Seabird Research on Southeast Farallon Island
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 July 2012. These activities usually involve one or two
observers conducting daily censuses of seabirds or conducting mark/
recapture studies of breeding seabirds on Southeast Farallon Island.
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.
Field Station Resupply on Southeast Farallon Island
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.
Seabird Research on A[ntilde]o Nuevo Island
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.
Seabird Research on Point Reyes National Seashore
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 by small boats (12 to 22 ft; 3.6 to 6.7 m) along
the Point Reyes National Seashore shoreline. Researchers would visit
the site at a maximum frequency of 20 times
[[Page 46726]]
per year, with an emphasis on increasing monitoring during the nesting
season. Researchers would conduct occasional, intermittent visits
during the rest of the year.
Pinniped Research on West End Island
Pinniped research activities involve surveying breeding northern
elephant seals on West End Island 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.
NMFS outlined the purpose of the program in the Notice of Proposed
IHA (76 FR 30311, May 25, 2011). The activities to be conducted have
not changed between the Notice of Proposed IHA (76 FR 30311, May 25,
2011) and this final notice announcing the issuance of the IHA. For a
more detailed description of the authorized action, including a
discussion of associated acoustic and visual stimuli from the pinniped
and seabird research, NMFS refers the reader to the Notice of Proposed
IHA (76 FR 30311, May 25, 2011), the application, and associated
documents referenced earlier in this document.
Comments and Responses
NMFS published a notice of receipt of the PRBO application and
proposed IHA in the Federal Register on May 25, 2011 (76 FR 30311).
During the 30-day public comment period, NMFS received no comments from
the public and one letter from the Marine Mammal Commission
(Commission), which recommended that NMFS issue the requested
authorization provided that PRBO carry out the required mitigation
measures and monitoring as described in the Notice of Proposed IHA (76
FR 30311, May 25, 2011). NMFS has included all measures proposed in the
Notice of Proposed IHA (76 FR 30311, May 25, 2011) in the
authorization.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammals most likely to be harassed incidental to
conducting seabird and pinniped research at the research areas on
Southeast Farallon Island, A[ntilde]o Nuevo Island, or Point Reyes
National Seashore 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.). California sea lions, northern elephant seals,
and Pacific harbor seals are not listed as threatened or endangered
under the ESA, nor are they categorized as depleted under the MMPA.
NMFS included a more detailed discussion of the status of these
stocks and their occurrence at SEFI, ANI, and PRNS in the Notice of
Proposed IHA (76 FR 30311, May 25, 2011).
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated by: (1) Motorboat operations;
and (2) the 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. This
disturbance from acoustic and visual stimuli is the principal means of
marine mammal taking associated with these activities.
The effects of the pinniped and seabird research activities would
be limited to short-term startle responses and localized behavioral
changes and have the potential to temporarily displace the animals from
a haulout site. NMFS would expect the pinnipeds to return to a haulout
site within 60 min of the disturbance (Allen et al., 1985) and does not
expect that the pinnipeds would permanently abandon a haulout site
during the conduct of pinniped and seabird research operations.
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.
For a more detailed discussion of behavioral reactions of marine
mammals to loud noises or looming visual stimuli, and some specific
observations of the response of marine mammals to this activity
gathered during previous monitoring, NMFS refers the reader to the
Notice of Proposed IHA (76 FR 30311, May 25, 2011), the application,
and associated documents.
Anticipated Effects on Habitat
NMFS does not anticipate that the research operations would result
in any temporary or permanent effects on the habitats used by the
marine mammals in the research areas, 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. See the Notice of
Proposed IHA (76 FR 30311, May 25, 2011).
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 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 will
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
[[Page 46727]]
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 determined that the 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.
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 in the action area.
PRBO will sponsor a marine mammal monitor during the present
research project, in order to implement the mitigation measures thus
satisfying the monitoring requirements of the IHA. PRBO's monitoring
activities will consist of monitoring the area for pinnipeds during all
research activities and conducting and recording observations on
pinnipeds within the vicinity of the 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.
Reporting
The PRBO will submit a final monitoring report to the NMFS Director
of Office of Protected Resources no later than 90 days after the
expiration of the IHA. The final report will describe the operations
that were conducted and sightings of marine mammals near the 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.
In the unanticipated event that PRBO's activities cause any taking
of a marine mammal in a manner prohibited by the IHA, such as an injury
(Level A harassment), serious injury or mortality (e.g., vessel-
strike), PRBO shall immediately cease the specified activities and
immediately report the incident to the Chief of the Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS, at 301-427-8401 and/or by e-mail to Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov and Sarah.Wilkin@noaa.gov). The
report must include the following information: (a) Time, date, and
location (latitude/longitude) of the incident; the name and type of
vessel involved; the vessel's speed during and leading up to the
incident; description of the incident; water depth; environmental
conditions (e.g., wind speed and direction, Beaufort sea state, cloud
cover, and visibility); description of marine mammal observations in
the 24 hours preceding the incident; species identification or
description of the animal(s) involved; the fate of the animal(s); and
photographs or video footage of the animal (if equipment is available).
PRBO shall not resume its activities until NMFS is able to review
the circumstances of the prohibited take. NMFS shall work with PRBO to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. PRBO may not resume their
activities until notified by NMFS in writing via a letter or e-mail or
via the telephone.
In the event that PRBO discovers an injured or dead marine mammal,
and the lead researcher determines that the cause of the injury or
death is unknown and the death is relatively recent (i.e., in less than
a moderate state of decomposition as described in the next paragraph),
PRBO will immediately report the incident to the Chief of the Permits,
Conservation, and Education Division, Office of Protected Resources,
NMFS, at 301-427-8401 and/or by e-mail to Michael.Payne@noaa.gov and
Jeannine.Cody@noaa.gov, and the Southwest Regional Stranding
Coordinators (Joe.Cordaro@noaa.gov and Sarah.Wilkin@noaa.gov). The
report must include the same information required above for
unauthorized takings. Activities may continue while NMFS reviews the
circumstances of the incident. NMFS will work with PRBO to determine
whether modifications in the activities are appropriate.
In the event that PRBO discovers an injured or dead marine mammal,
and the lead researcher determines that the injury or death is not
associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), PRBO will report the incident to
the Chief of the Permits, Conservation, and Education Division, Office
of Protected Resources, NMFS, at 301-427-8401 and/or by e-mail to
Michael.Payne@noaa.gov and Jeannine.Cody@noaa.gov, and the Southwest
Regional Stranding Coordinators (Joe.Cordaro@noaa.gov
[[Page 46728]]
and Sarah.Wilkin@noaa.gov) within 24 hours of the discovery. PRBO will
provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS and the Marine
Mammal Stranding Network.
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].
NMFS anticipates take by Level B harassment only as a result of the
pinniped and research operations 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 research areas, NMFS estimates that small numbers of
California sea lions, Pacific harbor seals, northern elephant seals,
and Steller sea lions could be potentially affected by Level B
behavioral harassment over the course of the IHA.
For this IHA, NMFS has authorized the take of 5,104 California sea
lions, 526 harbor seals, 190 northern elephant seals, and 20 Steller
sea lions. Because of the required mitigation measures and the
likelihood that some pinnipeds will avoid the areas, NMFS expects no
injury, serious injury, or mortality to occur, and no takes by injury
or mortality are authorized.
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 research
activities, and none are authorized. These species may exhibit
behavioral modifications, including temporarily vacating the area
during the 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 brief
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, NMFS does not expect
these activities 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 impact of conducting seabird and pinniped
research activities on Southeast Farallon Island, A[ntilde]o Nuevo
Island, and Point Reyes National Seashore in central California, July
29, 2011 through July 28, 2012, will 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 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. Therefore, NMFS has determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
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 Education
Division conducted a formal section 7 consultation under the ESA. On
November 18, 2008, NMFS issued a Biological Opinion (2008 BiOp);
concluded that the issuance of an IHA is likely to affect, but not
likely to jeopardize the continued existence of Steller sea lions; and
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
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
[[Page 46729]]
address new available information regarding the effects of PRBO's
seabird and pinniped research activities that may have cumulative
impacts to the physical and biological environment. At that time, NMFS
concluded that issuance of an IHA for the December 2008 through 2009
season would not significantly affect the quality of the human
environment and issued a FONSI for the 2008 SEA regarding PRBO's
activities. In conjunction with this year's application, NMFS has again
reviewed the 2007 EA and the 2008 SEA and determined that there are no
new direct, indirect or cumulative impacts to the human and natural
environment associated with the IHA requiring evaluation in a
supplemental EA and NMFS, therefore, reaffirms the 2008 FONSI. A copy
of the EA, SEA, and the NMFS FONSI for this activity is available upon
request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an IHA to PRBO
to take marine mammals, by Level B harassment only, 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 provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
Dated: July 29, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-19666 Filed 8-2-11; 8:45 am]
BILLING CODE 3510-22-P
