Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, CA, 8811-8817 [2012-3542]
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
Notice and request for
applications.
ACTION:
The ONMS is seeking
applications for the following vacant
seats on the Gray’s Reef National Marine
Sanctuary Advisory Council: Sport
diving and charter/commercial fishing.
Applicants are chosen based upon their
particular expertise and experience in
relation to the seat for which they are
applying; community and professional
affiliations; philosophy regarding the
protection and management of marine
resources; and possibly the length of
residence in the area affected by the
sanctuary. Applicants who are chosen
as members should expect to serve 3year terms, pursuant to the council’s
Charter.
SUMMARY:
Applications are due by March
30, 2012.
DATES:
Application kits may be
obtained from Becky Shortland, Council
Coordinator (becky.shortland@noaa.gov,
10 Ocean Science Circle, Savannah, GA
31411; 912–598–2381). Completed
applications should be sent to the same
address.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Becky Shortland, Council Coordinator
(becky.shortland@noaa.gov, 10 Ocean
Science Circle, Savannah, GA 31411;
912–598–2381.
The
sanctuary advisory council was
established in August 1999 to provide
advice and recommendations on
management and protection of the
sanctuary. The advisory council,
through its members, also serves as
liaison to the community regarding
sanctuary issues and represents
community interests, concerns, and
management needs to the sanctuary and
NOAA.
SUPPLEMENTARY INFORMATION:
Authority: 16 U.S.C. Sections 1431, et seq.
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(Federal Domestic Assistance Catalog
Number 11.429 Marine Sanctuary Program)
Daniel J. Basta,
Director, Office of National Marine
Sanctuaries, National Ocean Service,
National Oceanic and Atmospheric
Administration.
[FR Doc. 2012–3465 Filed 2–14–12; 8:45 am]
BILLING CODE 3510–NK–M
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA941
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance at Northwest Seal Rock,
Del Norte County, CA
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an Incidental
Harassment Authorization (IHA) to the
St. George Reef Lighthouse Preservation
Society (SGRLPS) to take marine
mammals, by Level B harassment only,
incidental to conducting aircraft
operations, and lighthouse renovation
and light maintenance activities on the
St. George Reef Light Station on
Northwest Seal Rock (NWSR) in the
northeast Pacific Ocean, from the period
of February 10, 2012, through April 30,
2012, or during the period of November
1, 2012, through December 31, 2012.
DATES: This authorization is effective
from February 10, 2012, through April
30, 2012, and during the period of
November 1, 2012, through December
31, 2012.
ADDRESSES: A copy of the IHA and
application are available by writing to P.
Michael Payne, Chief, Permits,
Conservation and Education Division,
Office of Protected Resources, National
Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD
20910. An electronic copy of the
application containing a list of the
references used in this document may
be obtained by writing to the above
address, telephoning the contact listed
here (see FOR FURTHER INFORMATION
CONTACT) or visiting the internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications. The
following associated documents are also
available at the same internet address:
Environmental Assessment (EA)
prepared by NMFS; and the finding of
no significant impact (FONSI).
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 427–
8401 or Monica DeAngelis, NMFS
Southwest Regional Office, (562) 980–
3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine
Mammal Protection of 1972, as
amended (MMPA;16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to
authorize, upon request, the incidental,
but not intentional, taking by
harassment of small numbers of marine
mammals of a species or population
stock, by United States citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental taking of
small numbers of marine mammals shall
be granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), and will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). The
authorization must set forth the
permissible methods of taking, other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat, and 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
establishes 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.
Except with respect to certain
activities not pertinent here, the MMPA
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
Description of the Specified Activity
Summary of Request
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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].’’
Aircraft Operations
NMFS received an application on
October 7, 2011, from the SGRLPS for
the taking by harassment, of marine
mammals, incidental to conducting
aircraft operations and restoration and
maintenance activities on the St. George
Reef Light Station (Station). NMFS
determined that application complete
and adequate on October 21, 2011.
NMFS made the complete application
available for public comment (see
ADDRESSES) for this IHA.
The SGRLPS aims to: (1) Restore and
preserve the Station on a monthly basis
(November 1 through April 30,
annually); and (2) perform periodic,
annual maintenance on the Station’s
optical light system. The Station, which
is listed in the National Park Service’s
National Register of Historic Places, is
located on Northwest Seal Rock (NWSR)
offshore of Crescent City, California in
the northeast Pacific Ocean.
The specified activities would occur
in the vicinity of a possible pinniped
haul out site located on NWSR.
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); (3) maintenance
activities (e.g., bulb replacement and
automation of the light system); and (4)
human presence, may have the potential
to cause any pinnipeds hauled out on
NWSR to flush into the surrounding
water or to cause a short-term
behavioral disturbance. These types of
disturbances are the principal means of
marine mammal taking associated with
these activities and the SGRLPS has
requested an authorization to take 204
California sea lions (Zalophus
californianus); 36 Pacific Harbor seals
(Phoca vitulina); 172 Steller sea lions
(Eumetopias jubatus); and six northern
fur seals (Callorhinus ursinus) by Level
B harassment.
To date, NMFS has issued two, 1-year
IHAs to the SGRLPS for the conduct of
the same activities from 2009 to 2011.
This will be the SGRLPS’ third IHA.
Because NWSR has no safe landing
area for boats, the restoration activities
would require the SGRLPS to transport
personnel and equipment from the
California mainland to NWSR by a small
helicopter. SGRLPS would transport no
more than 15 work crew members and
equipment to NWSR for each session
and estimates that each session would
require no more than 36 helicopter
landings/takeoffs per month.
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SGRLPS would conduct the activities
(aircraft operations, lighthouse
restoration, and light maintenance
activities) between February 10, 2012,
through April 30, 2012, and during the
period of November 1, 2012, through
December 31, 2012, at a maximum
frequency of one session per month. The
duration for each session would last no
more than three days (e.g., Friday,
Saturday, and Sunday).
Lighthouse Restoration Activities
Restoration activities would include
the removal of peeling paint and plaster,
restoration of interior plaster and paint,
refurbishing structural and decorative
metal, reworking original metal support
beams throughout the lantern room and
elsewhere, replacing glass as necessary,
and upgrading the present electrical
system. The SGRLPS expects to
complete most of the major restoration
work within five years.
Light Maintenance Activities
The SGRLPS will need to conduct
maintenance on the Station’s beacon
light at least once or up to two times per
year within the work window.
Scheduled light maintenance activities
would coincide with lighthouse
restoration activities conducted monthly
during the period of February through
April, 2012 and during the period of
November through December, 2012. The
SGRLPS expects that maintenance
activities would not exceed three hours
per each monthly session.
Emergency Light Maintenance
If the beacon light fails during the
period from February 10, 2012, through
April 30, 2012, or during the period of
November 1, 2012, through December
31, 2012, the SGRLPS would send a
crew of two to three people to the
Station by helicopter to repair the
beacon light. For each emergency repair
event, the SGRLPS would conduct a
maximum of four flights (two arrivals
and two departures) to transport
equipment and supplies. The helicopter
may remain on site or transit back to
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shore and make a second landing to
pick up the repair personnel.
In the case of an emergency repair
between May 1, 2012, and October 31,
2012, the SGRLPS would consult with
the NMFS Southwest Regional Office
(SWRO) to best determine the timing of
the trips to the lighthouse, on a case-bycase basis, based upon the existing
environmental conditions and the
abundance and distribution of any
marine mammals present on NWSR.
The SWRO biologists would have realtime knowledge regarding the animal
use and abundance of the NWSR at the
time of the repair request and would
make a decision regarding when the
trips to the lighthouse can be made
during the emergency repair time
window that would have the least
practicable adverse impact to marine
mammals. The SWRO would also
ensure that the SGRLPS’ request for
incidental take during emergency
repairs would not exceed the number of
incidental take authorized in the IHA.
NMFS has outlined the purpose of the
program in a previous notice for the
proposed IHA (76 FR 79157, December
21, 2011). The planned activities have
not changed between the proposed IHA
notice and this final notice announcing
the issuance of the IHA. For a more
detailed description of the authorized
action, including aircraft and acoustic
source specifications, the reader should
refer to the notice for the proposed IHA
(76 FR 79157, December 21, 2011).
Comments and Responses
NMFS published a notice of receipt of
the SGRLPS’ application and proposed
IHA in the Federal Register on
December 21, 2011 (76 FR 79157).
During the 30-day comment period,
NMFS received comments from the
Marine Mammal Commission
(Commission) only. The Commission
recommended that NMFS issue the
requested authorization, provided that
the required monitoring and mitigation
measures are carried out (e.g.,
restrictions on the timing and frequency
of activities, restrictions on helicopter
approaches, timing measures for
helicopter landings, and measures to
minimize acoustic and visual
disturbances) as described in NMFS’
December 21, 2011 (76 FR 79157) notice
of the proposed IHA and the
application. All measures proposed in
the initial Federal Register notice are
included within the authorization and
NMFS has determined that they will
effect the least practicable impact on the
species or stocks and their habitats.
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Description of the Specified Geographic
Region
The Station is located on a small,
rocky islet (41°50′24″ N, 124°22′06″ W)
approximately nine kilometers (km) (6.0
miles (mi)) in the northeast Pacific
Ocean, offshore of Crescent City,
California (Latitude: 41°46′48″ N;
Longitude: 124°14′11″ W).
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammal species likely to
be harassed incidental to helicopter
operations, lighthouse restoration, and
lighthouse maintenance on NWSR are
the California sea lion, the Pacific
harbor seal, the eastern Distinct
Population Segment (DPS) of Steller sea
lion, and the eastern Pacific stock of
northern fur seal. California sea lions
and Pacific harbor seals are not listed as
threatened or endangered under the
Endangered Species Act (ESA; 16 U.S.C.
1531 et seq.), nor are they categorized as
depleted under the MMPA. Northern fur
seals are not listed as threatened or
endangered under the ESA. However,
they are categorized as depleted under
the MMPA. Last, the eastern DPS of
Steller sea lion, is listed as threatened
under the ESA and is categorized as
depleted under the MMPA.
NMFS has presented a more detailed
discussion of the status of these stocks
and their occurrence in the
northwestern Pacific Ocean, as well as
other marine mammal species that may
occur around NWSR in the notice for
the proposed IHA (76 FR 79157,
December 21, 2011).
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Potential Effects of the Activity on
Marine Mammals
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); and (3)
maintenance activities (e.g., bulb
replacement and automation of the light
system) may have the potential to cause
Level B harassment of any pinnipeds
hauled out on NWSR. The effects of
sounds from helicopter operations and/
or restoration and maintenance
activities might include one of the
following: temporary or permanent
hearing impairment or behavioral
disturbance (Southall, et al., 2007).
There is a dearth of information on
acoustic effects of helicopter overflights
on pinniped hearing and
communication (Richardson et al.,
1995) and to NMFS’ knowledge, there
has been no specific documentation of
temporary or permanent hearing
impairment in free-ranging pinnipeds
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exposed to helicopter operations during
realistic field conditions. Any noise
attributed to the SGRLPS’ helicopter
operations on NWSR would be shortterm (approximately five minutes per
trip) and NMFS would expect the
ambient noise levels to return to a
baseline state when helicopter
operations have ceased for the day.
NMFS does not expect that the
increased received levels of sound from
the helicopter would cause temporary or
permanent hearing impairment because
the pinnipeds would flush before the
helicopter approached NWSR; thus
increasing the distance between the
pinnipeds and the received sound levels
on NWSR during the specified
activities.
Some behavioral disturbance is
expected; however NMFS expects the
disturbance to be localized and shortterm. If pinnipeds are present on NWSR,
Level B behavioral harassment of
pinnipeds may occur during helicopter
landing and takeoff from NWSR due to
the pinnipeds temporarily moving from
the rocks and lower structure of NWSR
into the sea due to the noise and
appearance of helicopter during
approaches and departures. It is
expected that all or a portion of the
marine mammals hauled out on the
island will depart the rock and move
into the water upon the initial
helicopter approach.
The notice of the proposed IHA (76
FR 79157, December 21, 2011) provided
a discussion of: (1) The sound levels
produced by the helicopter; (2)
behavioral reactions of pinnipeds to
helicopter operations and light
construction noise; (3) hearing
impairment and other non-auditory
physical effects; (4) behavioral reactions
to visual stimuli; (5) and specific
observations gathered during previous
monitoring of the marine mammals
present on NWSR. NMFS refers readers
to the reader to the SGRLPS’ application
and NMFS’ EA for additional
information on the behavioral reactions
(or lack thereof) by pinnipeds to aircraft
overflights.
Mortality
Sudden movement of large numbers
of animals may cause a stampede. In
order to prevent such stampedes from
occurring within the sea lion colony,
NMFS would require certain mitigation
requirements and restrictions, such as
controlled helicopter approaches and
limited access period during the
pupping season. As such, and because
any pinnipeds nearby likely would
avoid the approaching helicopter,
NMFS anticipates that there will be no
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instances of injury or mortality during
the project.
Anticipated Effects on Marine Mammal
Habitat
The NMFS expects that there will be
no long- or short-term physical impacts
to pinniped habitat on NWSR. NMFS
provided a detailed discussion of the
potential effects of this action on marine
mammal habitat in the notice of the
proposed IHA (76 FR 79157, December
21, 2011). The SGRLPS proposes to
confine all restoration activities to the
existing structure which would occur on
the upper levels of the Station which are
not used by marine mammals. The
SGRLPS would remove all waste,
discarded materials and equipment from
the island after each visit. The activities
will not result in any permanent impact
on habitats used by marine mammals,
including the food sources they use. The
main impact associated with the activity
will be temporarily elevated noise levels
and the associated direct effects on
marine mammals.
Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable adverse impact on such
species or stock and its habitat, paying
particular attention to rookeries, mating
grounds, and areas of similar
significance, and the availability of such
species or stock for taking for certain
subsistence uses.
The SGRLPS has based the mitigation
measures described herein, to be
implemented for the helicopter
operations and restoration activities, on
the following: (1) Protocols used during
the 2010 IHA for helicopter operations
and restoration activities as approved by
NMFS; (2) recommended best practices
in Richardson et al. (1995); and (3)
reasonable and prudent measures
implemented by the terms and
conditions of the section 7 ESA
Biological Opinion’s (BiOp) Incidental
Take Statement (ITS).
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with the activities,
the SGRLPS and/or its designees will
implement the following mitigation
measures for marine mammals:
(1) Limit the time and frequency of
the restoration activities;
(2) Employ helicopter approach and
timing techniques; and
(3) Avoidance of visual and acoustic
contact with marine mammals by the
SGRLPS and/or its designees.
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Time and Frequency: Lighthouse
restoration activities are to be conducted
at maximum of once per month between
February 10, 2012, through April 30,
2012, or between November 1, 2012,
through December 31, 2012. Each
restoration session will last no more
than three days. Maintenance of the
light beacon will occur only in
conjunction with restoration activities.
Helicopter Approach and Timing
Techniques: The SGRLPS shall ensure
that helicopter approach patterns to the
lighthouse will be such that the timing
techniques are least disturbing to
marine mammals. To the extent
possible, the helicopter should
approach NWSR when the tide is too
high for the marine mammals to haulout
on NWSR.
Since the most severe impacts
(stampede) are precipitated by rapid and
direct helicopter approaches, initial
approach to the Station must be offshore
from the island at a relatively high
altitude (e.g., 800–1,000 ft, or 244–305
m). Before the final approach, the
helicopter shall circle lower, and
approach from area where the density of
pinnipeds is the lowest. If for any safety
reasons (e.g., wind condition) such
helicopter approach and timing
techniques cannot be achieved, the
SGRLPS must abort the restoration and
maintenance activities for that day.
Avoidance of Visual and Acoustic
Contact with Marine Mammals: The
SGRLPS members and restoration crews
shall be instructed to avoid making
unnecessary noise and not expose
themselves visually to pinnipeds
around the base of the lighthouse.
Although no impacts from these
activities were seen during the 2001
CCR study, it is relatively simple to
avoid this potential impact. The door to
the lower platform (which is used at
times by pinnipeds) shall remain closed
and barricaded to all tourists and other
personnel.
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Mitigation Conclusions
NMFS has carefully evaluated the
applicant’s mitigation measures in the
context of ensuring that NMFS
prescribes the means of effecting the
least practicable impact on the affected
marine mammal species and stocks and
their habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another:
• The manner in which, and the
degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals;
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• The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and
• The practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s mitigation measures, NMFS
has determined that these measures
provide the means of effecting the least
practicable adverse impacts on marine
mammals species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring
In order to issue an ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking’’. The MMPA implementing
regulations at 50 CFR 216.104 a)(13)
indicate that requests for IHAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present.
At least once during the period
between February 10, 2012, through
April 30, 2012, or during the period of
November 1, 2012, through December
31, 2012 a qualified biologist shall be
present during all three workdays at the
Station. The biologist hired will be
subject to approval of NMFS and this
requirement may be modified
depending on the results of the
monitoring report from the 2011 season.
The qualified biologist shall
document use of the island by the
pinnipeds, frequency, (i.e., dates, time,
tidal height, species, numbers present,
and any disturbances), and note any
responses to potential disturbances. In
the event of any observed Steller sea
lion injury, mortality, or the presence of
newborn pup, the SGRLPS will notify
the NMFS SWRO Administrator and the
NMFS Director of Office of Protected
Resources immediately.
Aerial photographic surveys may
provide the most accurate means of
documenting species composition, age
and sex class of pinnipeds using the
project site during human activity
periods. Aerial photo coverage of the
island shall be completed from the same
helicopter used to transport the SGRLPS
personnel to the island during
restoration trips. A skilled photographer
shall take photographs of all marine
mammals hauled out on the island at an
altitude greater than 300 m (984 ft),
prior to the first landing on each visit
included in the monitoring program.
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Photographic documentation of marine
mammals present at the end of each
three-day work session shall also be
made for a before and after comparison.
The SGRLPS will forward these
photographs to a biologist capable of
discerning marine mammal species.
Data shall be provided to NMFS in the
form of a report with a data table, any
other significant observations related to
marine mammals, and a report of
restoration activities (see Reporting).
The original photographs can be made
available to NMFS or other marine
mammal experts for inspection and
further analysis.
Reporting
The SGRLPS personnel will record
data to document the number of marine
mammals exposed to helicopter noise
and to document apparent disturbance
reactions or lack thereof. SGRLPS and
NMFS will use the data to estimate
numbers of animals potentially taken by
Level B harassment.
Interim Monitoring Report
The SGRLPS will submit interim
monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of
Office of Protected Resources no later
than 30 days after the conclusion of
each monthly session. The interim
report will describe the operations that
were conducted and sightings of marine
mammals near the project. The report
will provide full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Final Monitoring Report
In addition to the interim reports, the
SGRLPS will submit a draft Final
Monitoring Report to NMFS no later
than 90 days after the project is
completed to the Regional
Administrator and the Director of Office
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
of Protected Resources at NMFS
Headquarters. Within 30 days after
receiving comments from NMFS on the
draft Final Monitoring Report, the
SGRLPS must submit a Final
Monitoring Report to the Regional
Administrator and the NMFS Director of
Office of Protected Resources. If the
SGRLPS receives no comments from
NMFS on the draft Final Monitoring
Report, the draft Final Monitoring
Report will be considered to be the
Final Monitoring Report.
The final report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by the IHA (if issued), such
as an injury (Level A harassment),
serious injury or mortality (e.g.,
stampede), the SGRLPS shall
immediately cease the specified
activities and immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov).
The report must include the following
information:
• Time, date, and location (latitude/
longitude) of the incident;
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
Activities will not resume until NMFS
is able to review the circumstances of
the prohibited take. NMFS will work
with the SGRLPS to determine what is
necessary to minimize the likelihood of
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further prohibited take and ensure
MMPA compliance. The SGRLPS may
not resume their activities until notified
by NMFS via letter, email, or telephone.
In the event that the SGRLPS
discovers an injured or dead marine
mammal, and the biologist (if present)
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), the
SGRLPS will immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov). The report
must include the same information
identified in the paragraph above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with the
SGRLPS to determine whether
modifications in the activities are
appropriate.
In the event that the SGRLPS
discovers an injured or dead marine
mammal, and the lead biologist (if
present) 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),
the SGRLPS will report the incident to
the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov), within 24
hours of the discovery. The SGRLPS
will provide photographs or video
footage (if available) or other
documentation of the stranded animal
sighting to NMFS.
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,
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Fmt 4703
Sfmt 4703
8815
nursing, breeding, feeding, or sheltering
[Level B harassment].’’
Only take by Level B harassment is
anticipated and authorized as a result of
the helicopter operations and
restoration and maintenance activities
on NWSR.
Based on pinniped survey counts
conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000
(CCR, 2001), NMFS estimates that
approximately 204 California sea lions
(calculated by multiplying the average
monthly abundance of California sea
lions (zero in April, 1997 and 34 in
April,1998) present on NWSR by 6
months of the restoration and
maintenance activities), 172 Steller sea
lions (NMFS’ estimate of the maximum
number of Steller sea lions that could be
present on NWSR with a 95-percent
confidence interval), 36 Pacific harbor
seals (calculated by multiplying the
maximum number of harbor seals
present on NWSR (6) by 6 months), and
6 northern fur seals (calculated by
multiplying the maximum number of
northern fur seals present on NWSR (1)
by 6 months) could be potentially
affected by Level B behavioral
harassment over the course of the IHA.
Estimates of the numbers of marine
mammals that might be affected are
based on consideration of the number of
marine mammals that could be
disturbed appreciably by approximately
51 hrs of aircraft operations during the
course of the activity. These incidental
harassment take numbers represent
approximately 0.14 percent of the U.S.
stock of California sea lion, 0.42 percent
of the eastern U.S. stock of Steller sea
lion, 0.11 percent of the California stock
of Pacific harbor seals, and 0.06 percent
of the San Miguel Island stock of
northern fur seal. Because of the
required mitigation measures and the
likelihood that some pinnipeds will
avoid the area, no injury or mortality to
pinnipeds is expected nor requested.
Negligible Impact and Small Numbers
Analysis and Determination
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘ * * *
an impact resulting from the specified
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
injuries, serious injuries, or mortalities;
(2) The number, nature, and intensity,
and duration of Level B harassment (all
relatively limited);
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(3) The context in which the takes
occur (i.e., impacts to areas of
significance, impacts to local
populations, and cumulative impacts
when taking into account successive/
contemporaneous actions when added
to baseline data);
(4) The status of stock or species of
marine mammals (i.e., depleted, not
depleted, decreasing, increasing, stable,
impact relative to the size of the
population);
(5) Impacts on habitat affecting rates
of recruitment/survival; and
(6) The effectiveness of monitoring
and mitigation measures.
For reasons stated previously in this
document and in the notice of the
proposed IHA (76 FR 79157, December
21, 2011), the specified activities
associated with the SGRLPS’ helicopter
operations and restoration/maintenance
activities are not likely to cause PTS, or
other non-auditory injury, serious
injury, or death because:
(1) The likelihood that, given
sufficient notice through relatively slow
helicopter approaches, NMFS expects
marine mammals to gradually move
away from a noise source that is
annoying prior to its becoming
potentially injurious; and
(2) The potential for temporary or
permanent hearing impairment is
relatively low and would likely be
avoided through the incorporation of
the required monitoring and mitigation
measures.
As mentioned previously, NMFS
estimates that four species of marine
mammals could be potentially affected
by Level B harassment over the course
of the IHA. For each species, these
numbers are small (each, less than one
percent) relative to the population size.
No takes by Level A harassment,
serious injury, or mortality are
anticipated to occur as a result of the
SGRLPS’ specified activities, and none
are authorized. Only short-term
behavioral disturbance is anticipated to
occur due to the brief and sporadic
duration of the activities; the
availability of alternate areas near
NWSR for marine mammals to avoid the
resultant acoustic disturbance; and
limited access to NWSR during the
pupping season. Due to the nature,
degree, and context of the behavioral
harassment anticipated, the activities
are not expected to impact rates of
recruitment or survival.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS preliminarily finds that the
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17:09 Feb 14, 2012
Jkt 226001
SGRLPS’ planned helicopter operations
and restoration/maintenance activities,
would result in the incidental take of
small numbers of marine mammals, by
Level B harassment only, and that the
total taking from the helicopter
operations and restoration/maintenance
activities will have a negligible impact
on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct
Population Segment is listed as
threatened under the ESA and occurs in
the action area. NMFS Headquarters’
Office of Protected Resources, Permits
and Conservation Division conducted a
formal section 7 consultation under the
ESA with the Southwest Region, NMFS.
On January 27, 2010, the Southwest
Region issued a Biological Opinion
(BiOp) and concluded that the issuance
of IHAs are likely to adversely affect,
but not likely to jeopardize the
continued existence of Steller sea lions.
NMFS has designated critical habitat for
the eastern DPS of Steller sea lions in
˜
California at Ano Nuevo Island,
Southeast Farallon Island, Sugarloaf
Island and Cape Mendocino, California
pursuant to section 4 of the ESA (see 50
CFR 226.202(b)). Northwest Seal Rock is
neither within nor nearby these
designated areas. Finally, the BiOp
included an ITS for Steller sea lions.
The ITS contains reasonable and
prudent measures implemented by
terms and conditions to minimize the
effects of this take. NMFS has reviewed
the 2010 BiOp and determined that
there is no new information regarding
effects to Stellar sea lions; the action has
not been modified in a manner which
would cause adverse effects not
previously evaluated; there has been no
new listing of species or designation of
critical habitat that could be affected by
the action; and, the action will not
exceed the extent or amount of
incidental take authorized in the ITS.
Therefore, the IHA did not require
reinitiation of a Section 7 consultation.
National Environmental Policy Act
(NEPA)
To meet NMFS’ NEPA requirements
for the issuance of an IHA to the
SGRLPS, NMFS prepared an
Environmental Assessment (EA) in 2010
that was specific to conducting aircraft
operations and restoration and
maintenance work on the St. George
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
Reef Light Station. The EA, titled
‘‘Issuance of an Incidental Harassment
Authorization to Take Marine Mammals
by Harassment Incidental to Conducting
Aircraft Operations, Lighthouse
Restoration and Maintenance Activities
on St. George Reef Lighthouse Station in
Del Norte County, California,’’ evaluated
the impacts on the human environment
of NMFS’ authorization of incidental
Level B harassment resulting from the
specified activity in the specified
geographic region. At that time, NMFS
concluded that issuance of an IHA
November 1 through April 30, annually
would not significantly affect the
quality of the human environment and
issued a Finding of No Significant
Impact (FONSI) for the 2010 EA
regarding the SGRLPS’ activities. In
conjunction with the SGRLPS’ 2012
application, NMFS has again reviewed
the 2010 EA and determined that there
are no new direct, indirect or
cumulative impacts to the human and
natural environment associated with the
IHA requiring evaluation in a
supplemental EA and NMFS, therefore,
reaffirms the 2010 FONSI. An electronic
copy of the EA and the FONSI for this
activity is available upon request (see
ADDRESSES).
Determinations
NMFS has determined that the impact
of conducting the specific helicopter
operations and restoration activities
described in this notice and in the IHA
request in the specific geographic region
in the northwestern Pacific Ocean may
result, at worst, in a temporary
modification in behavior (Level B
harassment) of small numbers of marine
mammals. Further, this activity is
expected to result in a negligible impact
on the affected species or stocks of
marine mammals. The provision
requiring that the activity not have an
unmitigable impact on the availability
of the affected species or stock of marine
mammals for subsistence uses is not
implicated for this action.
Authorization
As a result of these determinations,
NMFS has issued an IHA to the SGRLPS
to conduct helicopter operations and
restoration and maintenance work on
the St. George Reef Light Station on
Northwest Seal Rock in the northeast
Pacific Ocean from the period of
February 10, 2012, through April 30,
2012, or during the period of November
1, 2012, through December 31, 2012,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated. The
duration of the IHA would not exceed
one year from the date of its issuance.
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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices
Dated: February 10, 2012.
James H. Lecky,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–3542 Filed 2–14–12; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Agency Information Collection
Activities; Proposed Collection,
Comment Request
Commodity Futures Trading
Commission.
ACTION: Notice.
AGENCY:
The Commodity Futures
Trading Commission (‘‘CFTC’’ or
‘‘Commission’’) seeks public comment
on the collection of certain information
by the Commission under section 745 of
the Wall Street Reform and Consumer
Protection Act (‘‘Dodd-Frank Act’’). The
Paperwork Reduction Act (‘‘PRA’’)
requires federal agencies to publish a
notice in the Federal Register
concerning each proposed collection of
information and to allow 60 days for
public comment. Section 745 requires
the Commission to seek public comment
for not less than 30 days with respect to
certain industry filings. This notice
solicits comments on the provisions of
the Commission’s final rulemaking on
‘‘Provisions Common to Registered
Entities’’ under which the Commission
would collect comments on the industry
filings by publication of documents
related to the filings and a request for
comments on the Commission’s public
Web site.1
DATES: Comments must be submitted on
or before April 2, 2012.
ADDRESSES: You may submit comments,
identified by ‘‘Part 40 Notice and
Comment Collection,’’ by any of the
following methods:
• Agency Web site, via its Comments
Online process: https://
comments.cftc.gov. Follow the
instructions for submitting comments
through the Web site.
• Mail: Send to David A. Stawick,
Secretary, Commodity Futures Trading
Commission, 1155 21st Street NW.,
Washington, DC 20581.
• Hand delivery/Courier: Same as
Mail above.
• Federal eRulemaking Portal: https://
www.regulations.gov/search/index.jsp.
Follow the instructions for submitting
comments.
All comments must be submitted in
English, or if not, accompanied by an
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
1 76
FR 44776, July 27, 2011.
VerDate Mar<15>2010
17:09 Feb 14, 2012
Jkt 226001
English translation. Comments will be
posted as received to https://
www.cftc.gov. You should submit only
information that you wish to make
available publicly. If you wish the
Commission to consider information
that is exempt from disclosure under the
Freedom of Information Act, a petition
for confidential treatment of the exempt
information may be submitted according
to the procedures set forth in § 145.9 of
the Commission’s regulations.2
The Commission reserves the right,
but shall have no obligation, to review,
pre-screen, filter, redact, refuse or
remove any or all of your submission
from www.cftc.gov that it may deem to
be inappropriate for publication, such as
obscene language. All submissions that
have been redacted or removed that
contain comments on the merits of the
rulemaking will be retained in the
public comment file and will be
considered as required under the
Administrative Procedure Act and other
applicable laws, and may be accessible
under the Freedom of Information Act.
FOR FURTHER INFORMATION OR A COPY
CONTACT: Bella Rozenberg, Assistant
Deputy Director, Division of Market
Oversight, Commodity Futures Trading
Commission, (202) 418–5119
brozenberg@cftc.gov or Mathew T.
Hargrow, Attorney, Office of the General
Counsel, (202) 418–5267,
mhargrow@cftc.gov.
SUPPLEMENTARY INFORMATION: Under the
PRA, federal agencies must obtain
approval from the Office of Management
and Budget (‘‘OMB’’) for each collection
of information they collect or sponsor.
‘‘Collection of information’’ is defined
in 44 U.S.C. 3502(3) as ‘‘the obtaining,
causing to be obtained, soliciting * * *
facts or opinions by or for any agency,
regardless of form or format [from] ten
or more persons.’’ An agency may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information unless it displays a valid
OMB control number. Section
3506(c)(2)(A) of the PRA, 44 U.S.C.
3506(c)(2)(A), requires federal agencies
to provide a 60-day notice in the
Federal Register for each proposed
collection of information before
submitting the collection to OMB for
approval. Under OMB regulations,
which implement provisions of the
PRA, certain ‘‘facts or opinions that are
submitted in response to a general
solicitation of comments from the
public, published in the Federal
Register or other publications,’’ 5 CFR
2 Commission regulations referred to herein are
found at 17 CFR Ch. 1 (2010). Commission
regulations are accessible on the Commission’s Web
site, www.cftc.gov.
PO 00000
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8817
1320.3(h)(4), or ‘‘facts or opinions
obtained or solicited at or in connection
with public hearings or meetings,’’ 5
CFR 1320.3(h)(8), are excluded from the
OMB approval process.
In the Commission’s final rulemaking
on provisions common to registered
entities,3 the Commission seeks to
implement section 745 of the DoddFrank Act,4 which amends Section 5c
the Commodity Exchange Act (CEA) 5 to
enhance compliance by registered
entities. This section permits a
registered entity to elect to list for
trading or accept for clearing any new
contract or other instrument, or elect to
approve and implement any new rule or
rule amendment by providing to the
Commission a written certification that
the new contract, instrument, rule, or
rule amendment complies with the
CEA. Such rules or rule amendments
become effective after ten (10) business
days, unless the Commission notifies
the registered entity that it is staying the
certification because there exist novel or
complex issues that require additional
time to analyze, an inadequate
explanation by the submitting registered
entity, or a potential inconsistency with
the CEA. Pursuant to section 745 and
the final amendments to part 40 of the
Commission’s regulations,6 the
Commission will provide a not less than
a 30-day comment period when it
determines that the rule or rule
amendment will be stayed. Pursuant to
the final rules, the Commission will
provide notice of the stay and the
request for comment on its Web site, as
well as specify the manner in which the
public may submit comments.7
The Commission initially estimated
that approximately 45 entities would be
affected by the rule certification
procedures.8 The initial estimate
determined that these 45 entities would
each have approximately 120 responses
per year for a total of 5,400 responses.9
The Commission has amended these
numbers in the final rule such that the
estimated number of respondents is
increased to 70 entities, the average
annual responses by each respondent is
decreased to 100. These numbers are
based upon comments received
regarding the proposed rules as well as
changes made by the Commission to
streamline the product certification
process for certain swap contracts. The
Commission anticipates that the
3 75
FR 67282, Nov. 2, 2010.
Law 111–203, 124 Stat. 1376 (2010).
5 7 U.S.C. 7a.
6 75 FR 67282, 67296 (Nov. 2, 2010).
7 Id.
8 Id. at 67290.
9 Id.
4 Public
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]]>Agencies
[Federal Register Volume 77, Number 31 (Wednesday, February 15, 2012)]
[Notices]
[Pages 8811-8817]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3542]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA941
Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance at Northwest Seal
Rock, Del Norte County, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an Incidental Harassment Authorization (IHA) to
the St. George Reef Lighthouse Preservation Society (SGRLPS) to take
marine mammals, by Level B harassment only, incidental to conducting
aircraft operations, and lighthouse renovation and light maintenance
activities on the St. George Reef Light Station on Northwest Seal Rock
(NWSR) in the northeast Pacific Ocean, from the period of February 10,
2012, through April 30, 2012, or during the period of November 1, 2012,
through December 31, 2012.
DATES: This authorization is effective from February 10, 2012, through
April 30, 2012, and during the period of November 1, 2012, through
December 31, 2012.
ADDRESSES: A copy of the IHA and application are available by writing
to P. Michael Payne, Chief, Permits, Conservation and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910. An electronic
copy of the application containing a list of the references used in
this document may be obtained by writing to the above address,
telephoning the contact listed here (see FOR FURTHER INFORMATION
CONTACT) or visiting the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following associated documents
are also available at the same internet address: Environmental
Assessment (EA) prepared by NMFS; and the finding of no significant
impact (FONSI). Documents cited in this notice may be viewed, by
appointment, during regular business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 427-8401 or Monica DeAngelis, NMFS
Southwest Regional Office, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protection of 1972, as
amended (MMPA;16 U.S.C. 1361 et seq.) directs the Secretary of Commerce
to authorize, upon request, the incidental, but not intentional, taking
by harassment of small numbers of marine mammals of a species or
population stock, by United States citizens who engage in a specified
activity (other than commercial fishing) within a specified
geographical region if certain findings are made and, a notice of a
proposed authorization is provided to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and 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 establishes 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.
Except with respect to certain activities not pertinent here, the
MMPA
[[Page 8812]]
defines ``harassment'' as: `` * * * Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].''
Summary of Request
NMFS received an application on October 7, 2011, from the SGRLPS
for the taking by harassment, of marine mammals, incidental to
conducting aircraft operations and restoration and maintenance
activities on the St. George Reef Light Station (Station). NMFS
determined that application complete and adequate on October 21, 2011.
NMFS made the complete application available for public comment (see
ADDRESSES) for this IHA.
The SGRLPS aims to: (1) Restore and preserve the Station on a
monthly basis (November 1 through April 30, annually); and (2) perform
periodic, annual maintenance on the Station's optical light system. The
Station, which is listed in the National Park Service's National
Register of Historic Places, is located on Northwest Seal Rock (NWSR)
offshore of Crescent City, California in the northeast Pacific Ocean.
The specified activities would occur in the vicinity of a possible
pinniped haul out site located on NWSR. Acoustic and visual stimuli
generated by: (1) Helicopter landings/takeoffs; (2) noise generated
during restoration activities (e.g., painting, plastering, welding, and
glazing); (3) maintenance activities (e.g., bulb replacement and
automation of the light system); and (4) human presence, may have the
potential to cause any pinnipeds hauled out on NWSR to flush into the
surrounding water or to cause a short-term behavioral disturbance.
These types of disturbances are the principal means of marine mammal
taking associated with these activities and the SGRLPS has requested an
authorization to take 204 California sea lions (Zalophus
californianus); 36 Pacific Harbor seals (Phoca vitulina); 172 Steller
sea lions (Eumetopias jubatus); and six northern fur seals (Callorhinus
ursinus) by Level B harassment.
To date, NMFS has issued two, 1-year IHAs to the SGRLPS for the
conduct of the same activities from 2009 to 2011. This will be the
SGRLPS' third IHA.
Description of the Specified Activity
SGRLPS would conduct the activities (aircraft operations,
lighthouse restoration, and light maintenance activities) between
February 10, 2012, through April 30, 2012, and during the period of
November 1, 2012, through December 31, 2012, at a maximum frequency of
one session per month. The duration for each session would last no more
than three days (e.g., Friday, Saturday, and Sunday).
Aircraft Operations
Because NWSR has no safe landing area for boats, the restoration
activities would require the SGRLPS to transport personnel and
equipment from the California mainland to NWSR by a small helicopter.
SGRLPS would transport no more than 15 work crew members and equipment
to NWSR for each session and estimates that each session would require
no more than 36 helicopter landings/takeoffs per month.
Lighthouse Restoration Activities
Restoration activities would include the removal of peeling paint
and plaster, restoration of interior plaster and paint, refurbishing
structural and decorative metal, reworking original metal support beams
throughout the lantern room and elsewhere, replacing glass as
necessary, and upgrading the present electrical system. The SGRLPS
expects to complete most of the major restoration work within five
years.
Light Maintenance Activities
The SGRLPS will need to conduct maintenance on the Station's beacon
light at least once or up to two times per year within the work window.
Scheduled light maintenance activities would coincide with lighthouse
restoration activities conducted monthly during the period of February
through April, 2012 and during the period of November through December,
2012. The SGRLPS expects that maintenance activities would not exceed
three hours per each monthly session.
Emergency Light Maintenance
If the beacon light fails during the period from February 10, 2012,
through April 30, 2012, or during the period of November 1, 2012,
through December 31, 2012, the SGRLPS would send a crew of two to three
people to the Station by helicopter to repair the beacon light. For
each emergency repair event, the SGRLPS would conduct a maximum of four
flights (two arrivals and two departures) to transport equipment and
supplies. The helicopter may remain on site or transit back to shore
and make a second landing to pick up the repair personnel.
In the case of an emergency repair between May 1, 2012, and October
31, 2012, the SGRLPS would consult with the NMFS Southwest Regional
Office (SWRO) to best determine the timing of the trips to the
lighthouse, on a case-by-case basis, based upon the existing
environmental conditions and the abundance and distribution of any
marine mammals present on NWSR. The SWRO biologists would have real-
time knowledge regarding the animal use and abundance of the NWSR at
the time of the repair request and would make a decision regarding when
the trips to the lighthouse can be made during the emergency repair
time window that would have the least practicable adverse impact to
marine mammals. The SWRO would also ensure that the SGRLPS' request for
incidental take during emergency repairs would not exceed the number of
incidental take authorized in the IHA.
NMFS has outlined the purpose of the program in a previous notice
for the proposed IHA (76 FR 79157, December 21, 2011). The planned
activities have not changed between the proposed IHA notice and this
final notice announcing the issuance of the IHA. For a more detailed
description of the authorized action, including aircraft and acoustic
source specifications, the reader should refer to the notice for the
proposed IHA (76 FR 79157, December 21, 2011).
Comments and Responses
NMFS published a notice of receipt of the SGRLPS' application and
proposed IHA in the Federal Register on December 21, 2011 (76 FR
79157). During the 30-day comment period, NMFS received comments from
the Marine Mammal Commission (Commission) only. The Commission
recommended that NMFS issue the requested authorization, provided that
the required monitoring and mitigation measures are carried out (e.g.,
restrictions on the timing and frequency of activities, restrictions on
helicopter approaches, timing measures for helicopter landings, and
measures to minimize acoustic and visual disturbances) as described in
NMFS' December 21, 2011 (76 FR 79157) notice of the proposed IHA and
the application. All measures proposed in the initial Federal Register
notice are included within the authorization and NMFS has determined
that they will effect the least practicable impact on the species or
stocks and their habitats.
[[Page 8813]]
Description of the Specified Geographic Region
The Station is located on a small, rocky islet (41[deg]50'24'' N,
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi))
in the northeast Pacific Ocean, offshore of Crescent City, California
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W).
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species likely to be harassed incidental to
helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR are the California sea lion, the Pacific harbor
seal, the eastern Distinct Population Segment (DPS) of Steller sea
lion, and the eastern Pacific stock of northern fur seal. California
sea lions and Pacific harbor seals are not listed as threatened or
endangered under the Endangered Species Act (ESA; 16 U.S.C. 1531 et
seq.), nor are they categorized as depleted under the MMPA. Northern
fur seals are not listed as threatened or endangered under the ESA.
However, they are categorized as depleted under the MMPA. Last, the
eastern DPS of Steller sea lion, is listed as threatened under the ESA
and is categorized as depleted under the MMPA.
NMFS has presented a more detailed discussion of the status of
these stocks and their occurrence in the northwestern Pacific Ocean, as
well as other marine mammal species that may occur around NWSR in the
notice for the proposed IHA (76 FR 79157, December 21, 2011).
Potential Effects of the Activity on Marine Mammals
Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause Level B harassment of any pinnipeds
hauled out on NWSR. The effects of sounds from helicopter operations
and/or restoration and maintenance activities might include one of the
following: temporary or permanent hearing impairment or behavioral
disturbance (Southall, et al., 2007).
There is a dearth of information on acoustic effects of helicopter
overflights on pinniped hearing and communication (Richardson et al.,
1995) and to NMFS' knowledge, there has been no specific documentation
of temporary or permanent hearing impairment in free-ranging pinnipeds
exposed to helicopter operations during realistic field conditions. Any
noise attributed to the SGRLPS' helicopter operations on NWSR would be
short-term (approximately five minutes per trip) and NMFS would expect
the ambient noise levels to return to a baseline state when helicopter
operations have ceased for the day. NMFS does not expect that the
increased received levels of sound from the helicopter would cause
temporary or permanent hearing impairment because the pinnipeds would
flush before the helicopter approached NWSR; thus increasing the
distance between the pinnipeds and the received sound levels on NWSR
during the specified activities.
Some behavioral disturbance is expected; however NMFS expects the
disturbance to be localized and short-term. If pinnipeds are present on
NWSR, Level B behavioral harassment of pinnipeds may occur during
helicopter landing and takeoff from NWSR due to the pinnipeds
temporarily moving from the rocks and lower structure of NWSR into the
sea due to the noise and appearance of helicopter during approaches and
departures. It is expected that all or a portion of the marine mammals
hauled out on the island will depart the rock and move into the water
upon the initial helicopter approach.
The notice of the proposed IHA (76 FR 79157, December 21, 2011)
provided a discussion of: (1) The sound levels produced by the
helicopter; (2) behavioral reactions of pinnipeds to helicopter
operations and light construction noise; (3) hearing impairment and
other non-auditory physical effects; (4) behavioral reactions to visual
stimuli; (5) and specific observations gathered during previous
monitoring of the marine mammals present on NWSR. NMFS refers readers
to the reader to the SGRLPS' application and NMFS' EA for additional
information on the behavioral reactions (or lack thereof) by pinnipeds
to aircraft overflights.
Mortality
Sudden movement of large numbers of animals may cause a stampede.
In order to prevent such stampedes from occurring within the sea lion
colony, NMFS would require certain mitigation requirements and
restrictions, such as controlled helicopter approaches and limited
access period during the pupping season. As such, and because any
pinnipeds nearby likely would avoid the approaching helicopter, NMFS
anticipates that there will be no instances of injury or mortality
during the project.
Anticipated Effects on Marine Mammal Habitat
The NMFS expects that there will be no long- or short-term physical
impacts to pinniped habitat on NWSR. NMFS provided a detailed
discussion of the potential effects of this action on marine mammal
habitat in the notice of the proposed IHA (76 FR 79157, December 21,
2011). The SGRLPS proposes to confine all restoration activities to the
existing structure which would occur on the upper levels of the Station
which are not used by marine mammals. The SGRLPS would remove all
waste, discarded materials and equipment from the island after each
visit. The activities will not result in any permanent impact on
habitats used by marine mammals, including the food sources they use.
The main impact associated with the activity will be temporarily
elevated noise levels and the associated direct effects on marine
mammals.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
The SGRLPS has based the mitigation measures described herein, to
be implemented for the helicopter operations and restoration
activities, on the following: (1) Protocols used during the 2010 IHA
for helicopter operations and restoration activities as approved by
NMFS; (2) recommended best practices in Richardson et al. (1995); and
(3) reasonable and prudent measures implemented by the terms and
conditions of the section 7 ESA Biological Opinion's (BiOp) Incidental
Take Statement (ITS).
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities, the SGRLPS and/or its designees
will implement the following mitigation measures for marine mammals:
(1) Limit the time and frequency of the restoration activities;
(2) Employ helicopter approach and timing techniques; and
(3) Avoidance of visual and acoustic contact with marine mammals by
the SGRLPS and/or its designees.
[[Page 8814]]
Time and Frequency: Lighthouse restoration activities are to be
conducted at maximum of once per month between February 10, 2012,
through April 30, 2012, or between November 1, 2012, through December
31, 2012. Each restoration session will last no more than three days.
Maintenance of the light beacon will occur only in conjunction with
restoration activities.
Helicopter Approach and Timing Techniques: The SGRLPS shall ensure
that helicopter approach patterns to the lighthouse will be such that
the timing techniques are least disturbing to marine mammals. To the
extent possible, the helicopter should approach NWSR when the tide is
too high for the marine mammals to haulout on NWSR.
Since the most severe impacts (stampede) are precipitated by rapid
and direct helicopter approaches, initial approach to the Station must
be offshore from the island at a relatively high altitude (e.g., 800-
1,000 ft, or 244-305 m). Before the final approach, the helicopter
shall circle lower, and approach from area where the density of
pinnipeds is the lowest. If for any safety reasons (e.g., wind
condition) such helicopter approach and timing techniques cannot be
achieved, the SGRLPS must abort the restoration and maintenance
activities for that day.
Avoidance of Visual and Acoustic Contact with Marine Mammals: The
SGRLPS members and restoration crews shall be instructed to avoid
making unnecessary noise and not expose themselves visually to
pinnipeds around the base of the lighthouse. Although no impacts from
these activities were seen during the 2001 CCR study, it is relatively
simple to avoid this potential impact. The door to the lower platform
(which is used at times by pinnipeds) shall remain closed and
barricaded to all tourists and other personnel.
Mitigation Conclusions
NMFS has carefully evaluated the applicant's mitigation measures in
the context of ensuring that NMFS prescribes the means of effecting the
least practicable impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure is expected to minimize
adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Based on our evaluation of the applicant's mitigation measures,
NMFS has determined that these measures provide the means of effecting
the least practicable adverse impacts on marine mammals species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104 a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present.
At least once during the period between February 10, 2012, through
April 30, 2012, or during the period of November 1, 2012, through
December 31, 2012 a qualified biologist shall be present during all
three workdays at the Station. The biologist hired will be subject to
approval of NMFS and this requirement may be modified depending on the
results of the monitoring report from the 2011 season.
The qualified biologist shall document use of the island by the
pinnipeds, frequency, (i.e., dates, time, tidal height, species,
numbers present, and any disturbances), and note any responses to
potential disturbances. In the event of any observed Steller sea lion
injury, mortality, or the presence of newborn pup, the SGRLPS will
notify the NMFS SWRO Administrator and the NMFS Director of Office of
Protected Resources immediately.
Aerial photographic surveys may provide the most accurate means of
documenting species composition, age and sex class of pinnipeds using
the project site during human activity periods. Aerial photo coverage
of the island shall be completed from the same helicopter used to
transport the SGRLPS personnel to the island during restoration trips.
A skilled photographer shall take photographs of all marine mammals
hauled out on the island at an altitude greater than 300 m (984 ft),
prior to the first landing on each visit included in the monitoring
program. Photographic documentation of marine mammals present at the
end of each three-day work session shall also be made for a before and
after comparison. The SGRLPS will forward these photographs to a
biologist capable of discerning marine mammal species. Data shall be
provided to NMFS in the form of a report with a data table, any other
significant observations related to marine mammals, and a report of
restoration activities (see Reporting). The original photographs can be
made available to NMFS or other marine mammal experts for inspection
and further analysis.
Reporting
The SGRLPS personnel will record data to document the number of
marine mammals exposed to helicopter noise and to document apparent
disturbance reactions or lack thereof. SGRLPS and NMFS will use the
data to estimate numbers of animals potentially taken by Level B
harassment.
Interim Monitoring Report
The SGRLPS will submit interim monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of Office of Protected Resources no
later than 30 days after the conclusion of each monthly session. The
interim report will describe the operations that were conducted and
sightings of marine mammals near the project. The report will provide
full documentation of methods, results, and interpretation pertaining
to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
Final Monitoring Report
In addition to the interim reports, the SGRLPS will submit a draft
Final Monitoring Report to NMFS no later than 90 days after the project
is completed to the Regional Administrator and the Director of Office
[[Page 8815]]
of Protected Resources at NMFS Headquarters. Within 30 days after
receiving comments from NMFS on the draft Final Monitoring Report, the
SGRLPS must submit a Final Monitoring Report to the Regional
Administrator and the NMFS Director of Office of Protected Resources.
If the SGRLPS receives no comments from NMFS on the draft Final
Monitoring Report, the draft Final Monitoring Report will be considered
to be the Final Monitoring Report.
The final report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury or
mortality (e.g., stampede), the SGRLPS shall immediately cease the
specified activities and immediately report the incident to the Chief
of the Permits and Conservation Division, Office of Protected
Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov).
The report must include the following information:
Time, date, and location (latitude/longitude) of the
incident;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with the SGRLPS to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The SGRLPS may not resume
their activities until notified by NMFS via letter, email, or
telephone.
In the event that the SGRLPS discovers an injured or dead marine
mammal, and the biologist (if present) 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), the SGRLPS will immediately report the incident to the
Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov). The report must include the same information
identified in the paragraph above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with the
SGRLPS to determine whether modifications in the activities are
appropriate.
In the event that the SGRLPS discovers an injured or dead marine
mammal, and the lead biologist (if present) 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), the SGRLPS will report
the incident to the Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at (301) 427-8401 and/or by email
to Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov), within 24 hours of the discovery. The SGRLPS
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: `` * * * any act of pursuit, torment,
or annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].''
Only take by Level B harassment is anticipated and authorized as a
result of the helicopter operations and restoration and maintenance
activities on NWSR.
Based on pinniped survey counts conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), NMFS estimates that
approximately 204 California sea lions (calculated by multiplying the
average monthly abundance of California sea lions (zero in April, 1997
and 34 in April,1998) present on NWSR by 6 months of the restoration
and maintenance activities), 172 Steller sea lions (NMFS' estimate of
the maximum number of Steller sea lions that could be present on NWSR
with a 95-percent confidence interval), 36 Pacific harbor seals
(calculated by multiplying the maximum number of harbor seals present
on NWSR (6) by 6 months), and 6 northern fur seals (calculated by
multiplying the maximum number of northern fur seals present on NWSR
(1) by 6 months) could be potentially affected by Level B behavioral
harassment over the course of the IHA. Estimates of the numbers of
marine mammals that might be affected are based on consideration of the
number of marine mammals that could be disturbed appreciably by
approximately 51 hrs of aircraft operations during the course of the
activity. These incidental harassment take numbers represent
approximately 0.14 percent of the U.S. stock of California sea lion,
0.42 percent of the eastern U.S. stock of Steller sea lion, 0.11
percent of the California stock of Pacific harbor seals, and 0.06
percent of the San Miguel Island stock of northern fur seal. Because of
the required mitigation measures and the likelihood that some pinnipeds
will avoid the area, no injury or mortality to pinnipeds is expected
nor requested.
Negligible Impact and Small Numbers Analysis and Determination
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as `` * *
* an impact resulting from the specified 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 injuries, serious injuries, or
mortalities;
(2) The number, nature, and intensity, and duration of Level B
harassment (all relatively limited);
[[Page 8816]]
(3) The context in which the takes occur (i.e., impacts to areas of
significance, impacts to local populations, and cumulative impacts when
taking into account successive/contemporaneous actions when added to
baseline data);
(4) The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
(5) Impacts on habitat affecting rates of recruitment/survival; and
(6) The effectiveness of monitoring and mitigation measures.
For reasons stated previously in this document and in the notice of
the proposed IHA (76 FR 79157, December 21, 2011), the specified
activities associated with the SGRLPS' helicopter operations and
restoration/maintenance activities are not likely to cause PTS, or
other non-auditory injury, serious injury, or death because:
(1) The likelihood that, given sufficient notice through relatively
slow helicopter approaches, NMFS expects marine mammals to gradually
move away from a noise source that is annoying prior to its becoming
potentially injurious; and
(2) The potential for temporary or permanent hearing impairment is
relatively low and would likely be avoided through the incorporation of
the required monitoring and mitigation measures.
As mentioned previously, NMFS estimates that four species of marine
mammals could be potentially affected by Level B harassment over the
course of the IHA. For each species, these numbers are small (each,
less than one percent) relative to the population size.
No takes by Level A harassment, serious injury, or mortality are
anticipated to occur as a result of the SGRLPS' specified activities,
and none are authorized. Only short-term behavioral disturbance is
anticipated to occur due to the brief and sporadic duration of the
activities; the availability of alternate areas near NWSR for marine
mammals to avoid the resultant acoustic disturbance; and limited access
to NWSR during the pupping season. Due to the nature, degree, and
context of the behavioral harassment anticipated, the activities are
not expected to impact rates of recruitment or survival.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS preliminarily finds that the SGRLPS' planned helicopter
operations and restoration/maintenance activities, would result in the
incidental take of small numbers of marine mammals, by Level B
harassment only, and that the total taking from the helicopter
operations and restoration/maintenance activities will have a
negligible impact on the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act (ESA)
The Steller sea lion, eastern Distinct Population Segment is listed
as threatened under the ESA and occurs in the action area. NMFS
Headquarters' Office of Protected Resources, Permits and Conservation
Division conducted a formal section 7 consultation under the ESA with
the Southwest Region, NMFS. On January 27, 2010, the Southwest Region
issued a Biological Opinion (BiOp) and concluded that the issuance of
IHAs are likely to adversely affect, but not likely to jeopardize the
continued existence of Steller sea lions. NMFS has designated critical
habitat for the eastern DPS of Steller sea lions in California at
A[ntilde]o Nuevo Island, Southeast Farallon Island, Sugarloaf Island
and Cape Mendocino, California pursuant to section 4 of the ESA (see 50
CFR 226.202(b)). Northwest Seal Rock is neither within nor nearby these
designated areas. Finally, the BiOp included an ITS for Steller sea
lions. The ITS contains reasonable and prudent measures implemented by
terms and conditions to minimize the effects of this take. NMFS has
reviewed the 2010 BiOp and determined that there is no new information
regarding effects to Stellar sea lions; the action has not been
modified in a manner which would cause adverse effects not previously
evaluated; there has been no new listing of species or designation of
critical habitat that could be affected by the action; and, the action
will not exceed the extent or amount of incidental take authorized in
the ITS. Therefore, the IHA did not require reinitiation of a Section 7
consultation.
National Environmental Policy Act (NEPA)
To meet NMFS' NEPA requirements for the issuance of an IHA to the
SGRLPS, NMFS prepared an Environmental Assessment (EA) in 2010 that was
specific to conducting aircraft operations and restoration and
maintenance work on the St. George Reef Light Station. The EA, titled
``Issuance of an Incidental Harassment Authorization to Take Marine
Mammals by Harassment Incidental to Conducting Aircraft Operations,
Lighthouse Restoration and Maintenance Activities on St. George Reef
Lighthouse Station in Del Norte County, California,'' evaluated the
impacts on the human environment of NMFS' authorization of incidental
Level B harassment resulting from the specified activity in the
specified geographic region. At that time, NMFS concluded that issuance
of an IHA November 1 through April 30, annually would not significantly
affect the quality of the human environment and issued a Finding of No
Significant Impact (FONSI) for the 2010 EA regarding the SGRLPS'
activities. In conjunction with the SGRLPS' 2012 application, NMFS has
again reviewed the 2010 EA and determined that there are no new direct,
indirect or cumulative impacts to the human and natural environment
associated with the IHA requiring evaluation in a supplemental EA and
NMFS, therefore, reaffirms the 2010 FONSI. An electronic copy of the EA
and the FONSI for this activity is available upon request (see
ADDRESSES).
Determinations
NMFS has determined that the impact of conducting the specific
helicopter operations and restoration activities described in this
notice and in the IHA request in the specific geographic region in the
northwestern Pacific Ocean may result, at worst, in a temporary
modification in behavior (Level B harassment) of small numbers of
marine mammals. Further, this activity is expected to result in a
negligible impact on the affected species or stocks of marine mammals.
The provision requiring that the activity not have an unmitigable
impact on the availability of the affected species or stock of marine
mammals for subsistence uses is not implicated for this action.
Authorization
As a result of these determinations, NMFS has issued an IHA to the
SGRLPS to conduct helicopter operations and restoration and maintenance
work on the St. George Reef Light Station on Northwest Seal Rock in the
northeast Pacific Ocean from the period of February 10, 2012, through
April 30, 2012, or during the period of November 1, 2012, through
December 31, 2012, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. The duration
of the IHA would not exceed one year from the date of its issuance.
[[Page 8817]]
Dated: February 10, 2012.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2012-3542 Filed 2-14-12; 8:45 am]
BILLING CODE 3510-22-P
