Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Abalone Research on San Nicolas Island, CA, 61575-61578 [2012-24932]
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Federal Register / Vol. 77, No. 196 / Wednesday, October 10, 2012 / Notices
Dated: October 3, 2012.
Andy Baldus,
Acting Chief Financial Officer/Chief
Administrative Officer, Office of Oceanic and
Atmospheric Research, National Oceanic and
Atmospheric Administration.
[FR Doc. 2012–24866 Filed 10–9–12; 8:45 am]
BILLING CODE 3510–KD–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XA969
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Abalone
Research on San Nicolas Island, CA
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
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we have issued an incidental
harassment authorization (IHA) to Dr.
Glenn R. VanBlaricom (VanBlaricom) to
incidentally harass, by Level B
harassment only, several species of
marine mammal incidental to abalone
research surveys on San Nicolas Island
(SNI).
DATES: This authorization is effective for
a period of 1 year from the date of
issuance.
SUMMARY:
A copy of the IHA and
related documents may be obtained by
visiting the Internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm. Associated documents
prepared pursuant to the National
Environmental Policy Act (NEPA) are
also available at the same site. For those
members of the public unable to view
these documents on the internet, a copy
may be obtained by writing to Michael
Payne, Chief, Permits and Conservation
Division, Office of Protected Resources,
National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD
20910 or telephoning the contact listed
below (see FOR FURTHER INFORMATION
CONTACT). Documents may also be
viewed, by appointment only, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
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ADDRESSES:
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Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce to allow,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
authorization is provided to the public
for review.
Authorization for incidental takings
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 takings are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
part 216 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 U.S. can apply for
an authorization to incidentally take
small numbers of marine mammals by
harassment. Section 101(a)(5)(D)
establishes a 45-day time limit for
NMFS review of an application
followed by a 30-day public notice and
comment period 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
the authorization. Except with respect to
certain activities not pertinent here, the
MMPA defines ‘‘harassment’’ as: ‘‘any
act of pursuit, torment, or annoyance
which (i) has the potential to injure a
marine mammal or marine mammal
stock in the wild [Level A harassment];
or (ii) has the potential to disturb a
marine mammal or marine mammal
stock in the wild by causing disruption
of behavioral patterns, including, but
not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].’’
Summary of Request
On October 26, 2011, NMFS received
a complete application from
VanBlaricom for the taking, by Level B
harassment only, of marine mammals
incidental to research surveys
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investigating the black abalone (Haliotis
cracherodii). The first of five IHAs for
similar research activities was issued to
VanBlaricom on September 23, 2003 (68
FR 57427; October 3, 2003); the most
recent of these was issued on January
18, 2008 (73 FR 4841; January 28, 2008),
expiring January 17, 2009.
Authorization for incidental take, by
Level B harassment only, was requested
for small numbers of California sea lions
(Zalophus californianus), harbor seals
(Phoca vitulina), and northern elephant
seals (Mirounga angustirostris). The take
is expected to occur incidental to
research surveys performed for the
purpose of assessing trends in black
abalone populations over time in
permanent study sites, and to conduct
related research on the biology and
ecology of black abalones relevant to
current conservation concerns for the
species, at San Nicolas Island (SNI),
Ventura County, California. The
specified activity consists of researchers
on foot counting black abalones in plots
along established transect lines at each
of nine permanent study sites. Visits are
generally made to each site on SNI up
to four times per year in order to
complete standardized annual black
abalone surveys. VanBlaricom plans to
conduct additional studies of growth
and mortality rates, as well as genetic
studies, necessitating as many as five
visits per year to certain sites.
Description of the Specified Activity
Long-term study of abalone
population trends began in 1979 due to
interest in relocation of southern sea
otters (Enhydra lutris nereis) to SNI.
Following two seasons of
reconnaissance surveys (1979–80),
quantitative survey effort started in
1981, when nine permanent research
sites in rocky intertidal habitats were
chosen based on the presence of
relatively dense abalone aggregations in
order to monitor changes over time.
From September 1979 through October
2011, VanBlaricom has made 137
separate field trips to SNI, with a total
of 723 days of survey work. The
specified activity and specific
geographic region were described in
greater detail in the Federal Register
notice of proposed authorization
(hereafter, the FR notice; 77 FR 12246;
February 29, 2012) and will not be
repeated here.
Research is conducted by counting
black abalone in plots along permanent
transect lines in rocky intertidal habitats
at each of the nine study sites (see
Figure 1 of VanBlaricom’s application
for a map of the study sites). Survey
work is typically done by two field
biologists working on foot (sites are
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accessed by hiking to the shoreline from
a vehicle parked inland), and is
conducted only at low tide. Variation in
surf height and sea conditions can
influence the safety of field biologists as
well as the quality of data collected, so
specific timing of site visits is difficult
to predict, although work is typically
conducted between October and
February. All work is done during
daylight hours.
Marine mammals likely to be affected
by abalone research activity are those
that are hauled out on land near study
sites. Past experience has shown that
those animals disturbed by researchers
may flush into the water, or move some
distance away from the researchers
without flushing into the water.
Variable numbers of California sea lions,
harbor seals, and elephant seals
typically haul out near six of the nine
study sites, and rarely near a seventh.
Thus, of the nine study sites used for
the abalone surveys, only two may
currently be approached without the
possibility of disturbing at least one
species of pinniped. Breeding activity of
the three relatively common pinniped
species occurs at five of the nine sites.
Periods of breeding and lactation for
California sea lions and harbor seals
occur from approximately February 15
through October 15, while elephant seal
pups are born, nursed, and weaned from
approximately January through March,
with pups departing for foraging areas at
sea at about 30 days post-weaning.
Annual black abalone surveys
typically require that each of the nine
permanent sites be visited between one
and three times per year. As a result of
additional studies planned for SNI, one
site would be visited five times per year,
and two additional sites would be
visited four times each. Each visit to a
given study site generally takes no more
than 4 hours, after which the site is
vacated and can be re-occupied by any
marine mammals that were disturbed by
the presence of researchers. One annual
visit to each site is typically for
maintenance purposes, is conducted in
a month when pinnipeds are absent or
are present in reduced numbers, and
takes approximately 30 minutes.
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Comments and Responses
We published a notice of receipt of
the application and proposal for an IHA
in the Federal Register on February 29,
2012 (77 FR 12246). We received
comments from the Marine Mammal
Commission, which recommended that
we issue the requested incidental
harassment authorization, subject to
inclusion of the proposed mitigation
and monitoring measures. All proposed
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mitigation and monitoring measures are
included in the issued authorization.
Description of Marine Mammals in the
Area of the Specified Activity
Many of the beaches in the Channel
Islands provide resting, molting or
breeding places for pinnipeds. On SNI,
three pinniped species (northern
elephant seal, harbor seal, and
California sea lion) can be expected to
occur on land in the vicinity of abalone
research sites either regularly or in large
numbers during certain times of the
year. In addition to the three species
commonly encountered at SNI,
Guadalupe fur seals (Arctocephalus
townsendi), listed as threatened under
the ESA, and sea otters are known to
occur. A single adult male Guadalupe
fur seal was seen at one abalone
research site on two occasions during
the summer months in the mid-1980s.
However, none have been seen since
that time. Due to the rarity of Guadalupe
fur seal sightings during abalone
research at SNI, and because of
mitigation measures described later in
this document (see Mitigation section of
this document), no take of Guadalupe
fur seals is anticipated or authorized.
While sea otters are not typically
sighted during the abalone survey work,
a 2011 population survey indicated that
sea otters at SNI number approximately
50 individuals. However, sea otters are
under the jurisdiction of the U.S. Fish
and Wildlife Service and are not
discussed further here.
The FR notice of proposed IHA (77 FR
12246; February 29, 2012) summarizes
the population status and abundance of
these species and provides detailed life
history information. Further information
on the biology and distribution of these
species and others in the region can be
found in the FR notice or in NMFS’
Marine Mammal Stock Assessment
Reports, which are available online at
https://www.nmfs.noaa.gov/pr/sars/.
Potential Effects of the Specified
Activity on Marine Mammals
Variable numbers of California sea
lions, harbor seals, and elephant seals,
depending on the time of year and the
specific site, typically haul out near six
of the nine study sites used for abalone
research, and rarely near a seventh, with
breeding activity occurring at five of the
nine sites. Pinnipeds likely to be
affected by abalone research activity are
those that are hauled out on land at or
near study sites.
Incidental harassment may result if
hauled out animals are disturbed by the
presence of abalone researchers.
Although marine mammals are never
deliberately approached by abalone
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survey personnel, approach may be
unavoidable if pinnipeds are hauled out
in the immediate vicinity of the
permanent abalone study plots.
Disturbance may result in reactions
ranging from an animal simply
becoming alert to the presence of
researchers (e.g., turning the head,
assuming a more upright posture) to
flushing from the haul-out site into the
water. We do not consider the alerting
reactions to constitute behavioral
harassment, or Level B harassment
takes, but rather assume that pinnipeds
that move greater than 1 m or change
the speed or direction of their
movement in response to the presence
of researchers are behaviorally harassed,
and thus subject to Level B harassment
taking. Animals that respond to the
presence of researchers by becoming
alert, but do not move or change the
nature of locomotion as described, are
not considered to have been subject to
behavioral harassment.
Even those reactions constituting
Level B harassment would result at most
in temporary, short-term disturbance. In
any given study season (i.e., October to
March), the researchers will make 4–6
visits to SNI, although each site is not
visited during every visit to SNI. Visits
to each site are thus separated by a
matter of weeks, within the season, and
are typically not visited at all during the
summer months. Each site visit
typically lasts no more than 4 hours.
Therefore, disturbance of pinnipeds
resulting from the presence of
researchers lasts only for short periods
of time and is separated by significant
amounts of time in which no
disturbance occurs. Because such
disturbance is sporadic, rather than
chronic, and of low intensity, individual
marine mammals are unlikely to incur
any detrimental impacts to vital rates or
ability to forage and, thus, loss of
fitness. Correspondingly, even local
populations, much less the overall
stocks of animals, are extremely
unlikely to accrue any significantly
detrimental impacts. The FR notice of
proposed IHA (77 FR 12246; February
29, 2012) provides a more detailed
description of the potential effects of
these activities on marine mammals.
Anticipated Effects on Habitat
We do not anticipate any detrimental
effects to marine mammal habitat as a
result of the specified activities, beyond
rendering the areas immediately around
each of the nine study sites less
desirable as haul-out sites for a matter
of hours per year.
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Summary of Previous Monitoring
VanBlaricom has complied with the
mitigation and monitoring required
under previous authorizations. During
the course of these activities,
VanBlaricom has not exceeded the take
levels authorized. A full summary of
previous monitoring may be found in
the FR notice (77 FR 12246; February
29, 2012).
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Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must,
where applicable, set forth the
permissible methods of taking pursuant
to such activity, and other means of
effecting the least practicable impact on
such species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses (where
relevant).
Several mitigation measures will be
implemented as part of the SNI abalone
research activities in order to reduce the
potential for harassment and the
intensity of any harassment that does
occur. The primary method of
mitigating the risk of disturbance to
pinnipeds, which will be in use at all
times, is the selection of judicious
routes of approach to abalone study
sites, avoiding close contact with
pinnipeds hauled out on shore, and the
use of extreme caution upon any
unavoidable approach. In no case will
marine mammals be deliberately
approached by abalone survey
personnel, and in all cases every
possible measure will be taken to select
a pathway of approach to study sites
that minimizes the number of marine
mammals potentially harassed. Each
visit to a given study site will last for
approximately 4 hours, after which the
site is vacated and can be re-occupied
by any marine mammals that may have
been disturbed by the presence of
abalone researchers.
In addition, potential disturbances to
females with dependent pups (in the
cases of California sea lions and harbor
seals) will be mitigated to the greatest
extent practicable by avoiding visits to
sites with pinnipeds present from
March–September, during periods of
breeding and lactation for those species.
During this period, abalone research
will either not occur or will be confined
to those sites (2, 3, 4, and 9) where
pinniped breeding and post-partum
nursing does not occur. Limiting visits
to the breeding and lactation sites to
periods when these activities do not
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occur (October–February) will reduce
the possibility of incidental harassment
and disruption of reproductive behavior
and the potential for injury, serious
injury, or mortality of dependent
California sea lion pups and harbor seal
pups to near zero.
Northern elephant seal pups are
present at four sites (5–8) during winter
months. Risks of injury or mortality of
elephant seal pups by mother/pup
separation or trampling are limited to
the period from January through March
when pups are born, nursed, and
weaned, ending about 30 days postweaning when pups depart land for
foraging areas at sea. However, elephant
seals have a much higher tolerance of
nearby human activity than sea lions or
harbor seals. Also, elephant seal
pupping typically occurs on the sandy
beaches at SNI, approximately 50 m or
more away from the abalone study sites.
Possible take of northern elephant seal
pups will be minimized, as for other
species, by using a very careful
approach to the study sites and avoiding
the proximity of hauled-out seals and
any seal pups during collection of
abalone population data. As described
previously, elephant seals show very
low sensitivity to the presence of
researchers, and no juvenile elephant
seal was harassed during the December
2005–January 2009 period.
One individual Guadalupe fur seal
was seen on two separate occasions
during the summer months in the mid1980s. Since the original sightings, no
individuals of this species have been
seen during abalone research. However,
to ensure that Guadalupe fur seals are
not affected by these activities, work
will be immediately suspended if an
individual is seen. Guadalupe fur seals
are distinctive in appearance and
behavior, and can be readily identified
at a distance without any possibility of
disturbance.
We have carefully evaluated the
applicant’s planned mitigation measures
and considered a range of other
measures in the context of ensuring that
we prescribe 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: (1) The manner in which, and
the degree to which, the successful
implementation of the measure is
expected to minimize adverse impacts
to marine mammals; (2) the proven or
likely efficacy of the specific measure to
minimize adverse impacts as planned;
and (3) the practicability of the measure
for applicant implementation, including
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consideration of personnel safety and
practicality of implementation.
Based on our evaluation of the
mitigation measures, we have
determined that these mitigation
measures provide the means of effecting
the least practicable impact on marine
mammal species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
In order to issue an ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must, where
applicable, 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
ITAs must include the suggested means
of accomplishing the necessary
monitoring and reporting that would
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.
Currently, all biological research
activities at SNI are subject to approval
and regulation by the Environmental
Planning and Management Department
(EPMD), U.S. Navy (Navy). The Navy
owns SNI and closely regulates all
civilian access to, and activity on, the
island, including biological research.
Therefore, monitoring activities will be
closely coordinated with Navy marine
mammal biologists located on SNI. In
addition, status and trends of pinniped
aggregations at SNI are monitored by the
NMFS Southwest Fisheries Science
Center (SWFSC). Also, long-term studies
of pinniped population dynamics,
migratory and foraging behavior, and
foraging ecology at SNI are conducted
by staff at Hubbs-Sea World Research
Institute (HSWRI).
Monitoring requirements in relation
to VanBlaricom’s abalone research
surveys will include observations made
by the applicant and his associates.
Information recorded will include
species counts (with numbers of pups/
juveniles), numbers of observed
disturbances, and descriptions of the
disturbance behaviors during the
abalone surveys. Observations of
unusual behaviors, numbers, or
distributions of pinnipeds on SNI will
be reported to EPMD, SWFSC, and
HSWRI so that any potential follow-up
observations can be conducted by the
appropriate personnel. In addition,
observations of tag-bearing pinniped
carcasses as well as any rare or unusual
species of marine mammals will be
reported to EPMD and SWFSC.
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If at any time serious injury or
mortality of the species for which take
is authorized should occur, or if
harassment of any other marine
mammal occurs, and such action may be
a result of the specified abalone
research, VanBlaricom will suspend
research activities and contact NMFS
immediately to determine how best to
proceed to ensure that another injury or
death does not occur and to ensure that
the applicant remains in compliance
with the MMPA.
A draft final report must be submitted
to NMFS Office of Protected Resources
within 60 days after the conclusion of
the field season. The report will include
a summary of the information gathered
pursuant to the monitoring
requirements set forth in the IHA. A
final report must be submitted within 30
days after receiving comments from
NMFS on the draft final report. If no
comments are received from NMFS, the
draft final report will be considered to
be the final report.
response to the researcher’s presence or
if the animal was already moving and
changed direction and/or speed, or if
the animal flushed into the water.
Animals that become alert without such
movements are not considered harassed.
Estimated potential incidental take is
based on the number of visits proposed
for each site, the maximum number of
animals observed at each site (October–
February), and the observed
susceptibility to harassment for each
species (see FR notice; 77 FR 12246;
February 29, 2012). We conservatively
estimate that the maximum total
possible numbers of individuals that
may be incidentally harassed as a result
of the planned activity would be 3,340
California sea lions, 212 harbor seals,
and nine northern elephant seals (each
constituting less than 2 percent of the
relevant populations).
Estimated Take by Incidental
Harassment
With respect to the activities
described 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].
All anticipated takes would be by
Level B harassment, involving
temporary changes in behavior. The
planned mitigation and monitoring
measures are expected to minimize the
possibility of injurious or lethal takes
such that take by injury, serious injury,
or mortality is considered remote. The
distribution of pinnipeds hauled out on
beaches is not uniform between sites or
at different times of the year. The
number of marine mammals disturbed
may vary by month and location, and it
is likely that only those animals hauled
out closest to the actual survey transect
plots contained within each research
site would be disturbed by the presence
of researchers and alter their behavior or
attempt to move out of the way.
VanBlaricom plans to visit site 8 five
times, sites 5 and 7 four times each, and
sites 1, 4, 6, and 9 two times each. No
marine mammals have been observed at
sites 2 and 3, and unlimited visits are
allowed to those sites.
We consider an animal to have been
harassed if it moved greater than 1 m in
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, we
consider a variety of factors, including
but not limited to: (1) The number of
anticipated mortalities; (2) the number
and nature of anticipated injuries; (3)
the number, nature, intensity, and
duration of Level B harassment; and (4)
the context in which the take occurs.
Based on VanBlaricom’s application
and monitoring reports for previous
field seasons, as well as the analysis
contained herein, we have determined
that the impact of the described abalone
research at SNI will result, at most, in
a temporary modification in behavior
for small numbers of California sea
lions, harbor seals, and northern
elephant seals, in the form of movement
away from the researchers and/or
flushing from the beach. The numbers of
authorized take for each of the three
species are considered small relative to
the relevant stocks or populations (each
less than 2 percent). In addition, no take
by injury, serious injury or mortality is
anticipated or authorized, and take by
harassment will be at the lowest level
practicable due to incorporation of the
mitigation and monitoring measures
mentioned previously in this document.
We have determined that the
anticipated takes will not have an
adverse on annual rates of recruitment
or survival for these species or stocks,
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Negligible Impact and Small Numbers
Analysis and Preliminary
Determination
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and therefore will have a negligible
impact on the affected species or stocks.
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
No subsistence uses of marine
mammals are implicated by this action.
Endangered Species Act (ESA)
The described abalone research and
issuance of the accompanying IHA will
not affect ESA-listed marine mammal
species or critical habitat under NMFS’
jurisdiction.
National Environmental Policy Act
(NEPA)
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), and NOAA
Administrative Order 216–6, we
prepared an Environmental Assessment
(EA) to consider the direct, indirect and
cumulative effects to the human
environment resulting from the issuance
of IHAs to VanBlaricom. NMFS signed
a Finding of No Significant Impact on
November 21, 2005. We have reviewed
the application and previous monitoring
reports and determined that there are no
substantial changes to the proposed
action or new environmental impacts or
concerns. Therefore, we have
determined that a new or supplemental
EA or Environmental Impact Statement
is unnecessary. We received no public
comments or new information in
response to this notice that would affect
that determination. The 2005 EA
referenced above is available for review
at https://www.nmfs.noaa.gov/pr/
permits/incidental.htm. We hereby
reaffirm the 2005 FONSI.
Authorization
As a result of these determinations,
we have issued an IHA to VanBlaricom
to conduct the described activities for a
period of one year, provided the
previously described mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: October 3, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
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10OCN1
Agencies
[Federal Register Volume 77, Number 196 (Wednesday, October 10, 2012)]
[Notices]
[Pages 61575-61578]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24932]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA969
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Abalone Research on San Nicolas
Island, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that we have issued an incidental harassment authorization (IHA) to Dr.
Glenn R. VanBlaricom (VanBlaricom) to incidentally harass, by Level B
harassment only, several species of marine mammal incidental to abalone
research surveys on San Nicolas Island (SNI).
DATES: This authorization is effective for a period of 1 year from the
date of issuance.
ADDRESSES: A copy of the IHA and related documents may be obtained by
visiting the Internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Associated documents prepared pursuant to the National
Environmental Policy Act (NEPA) are also available at the same site.
For those members of the public unable to view these documents on the
internet, a copy may be obtained by writing to Michael Payne, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East-West Highway, Silver
Spring, MD 20910 or telephoning the contact listed below (see FOR
FURTHER INFORMATION CONTACT). Documents may also be viewed, by
appointment only, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, NMFS, (301) 427-8401.
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 to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
Authorization for incidental takings 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 takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR part
216 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 U.S. can apply for an authorization to
incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of
an application followed by a 30-day public notice and comment period 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 the authorization. Except with respect to certain
activities not pertinent here, the MMPA defines ``harassment'' as:
``any act of pursuit, torment, or annoyance which (i) has the potential
to injure a marine mammal or marine mammal stock in the wild [Level A
harassment]; or (ii) has the potential to disturb a marine mammal or
marine mammal stock in the wild by causing disruption of behavioral
patterns, including, but not limited to, migration, breathing, nursing,
breeding, feeding, or sheltering [Level B harassment].''
Summary of Request
On October 26, 2011, NMFS received a complete application from
VanBlaricom for the taking, by Level B harassment only, of marine
mammals incidental to research surveys investigating the black abalone
(Haliotis cracherodii). The first of five IHAs for similar research
activities was issued to VanBlaricom on September 23, 2003 (68 FR
57427; October 3, 2003); the most recent of these was issued on January
18, 2008 (73 FR 4841; January 28, 2008), expiring January 17, 2009.
Authorization for incidental take, by Level B harassment only, was
requested for small numbers of California sea lions (Zalophus
californianus), harbor seals (Phoca vitulina), and northern elephant
seals (Mirounga angustirostris). The take is expected to occur
incidental to research surveys performed for the purpose of assessing
trends in black abalone populations over time in permanent study sites,
and to conduct related research on the biology and ecology of black
abalones relevant to current conservation concerns for the species, at
San Nicolas Island (SNI), Ventura County, California. The specified
activity consists of researchers on foot counting black abalones in
plots along established transect lines at each of nine permanent study
sites. Visits are generally made to each site on SNI up to four times
per year in order to complete standardized annual black abalone
surveys. VanBlaricom plans to conduct additional studies of growth and
mortality rates, as well as genetic studies, necessitating as many as
five visits per year to certain sites.
Description of the Specified Activity
Long-term study of abalone population trends began in 1979 due to
interest in relocation of southern sea otters (Enhydra lutris nereis)
to SNI. Following two seasons of reconnaissance surveys (1979-80),
quantitative survey effort started in 1981, when nine permanent
research sites in rocky intertidal habitats were chosen based on the
presence of relatively dense abalone aggregations in order to monitor
changes over time. From September 1979 through October 2011,
VanBlaricom has made 137 separate field trips to SNI, with a total of
723 days of survey work. The specified activity and specific geographic
region were described in greater detail in the Federal Register notice
of proposed authorization (hereafter, the FR notice; 77 FR 12246;
February 29, 2012) and will not be repeated here.
Research is conducted by counting black abalone in plots along
permanent transect lines in rocky intertidal habitats at each of the
nine study sites (see Figure 1 of VanBlaricom's application for a map
of the study sites). Survey work is typically done by two field
biologists working on foot (sites are
[[Page 61576]]
accessed by hiking to the shoreline from a vehicle parked inland), and
is conducted only at low tide. Variation in surf height and sea
conditions can influence the safety of field biologists as well as the
quality of data collected, so specific timing of site visits is
difficult to predict, although work is typically conducted between
October and February. All work is done during daylight hours.
Marine mammals likely to be affected by abalone research activity
are those that are hauled out on land near study sites. Past experience
has shown that those animals disturbed by researchers may flush into
the water, or move some distance away from the researchers without
flushing into the water. Variable numbers of California sea lions,
harbor seals, and elephant seals typically haul out near six of the
nine study sites, and rarely near a seventh. Thus, of the nine study
sites used for the abalone surveys, only two may currently be
approached without the possibility of disturbing at least one species
of pinniped. Breeding activity of the three relatively common pinniped
species occurs at five of the nine sites. Periods of breeding and
lactation for California sea lions and harbor seals occur from
approximately February 15 through October 15, while elephant seal pups
are born, nursed, and weaned from approximately January through March,
with pups departing for foraging areas at sea at about 30 days post-
weaning.
Annual black abalone surveys typically require that each of the
nine permanent sites be visited between one and three times per year.
As a result of additional studies planned for SNI, one site would be
visited five times per year, and two additional sites would be visited
four times each. Each visit to a given study site generally takes no
more than 4 hours, after which the site is vacated and can be re-
occupied by any marine mammals that were disturbed by the presence of
researchers. One annual visit to each site is typically for maintenance
purposes, is conducted in a month when pinnipeds are absent or are
present in reduced numbers, and takes approximately 30 minutes.
Comments and Responses
We published a notice of receipt of the application and proposal
for an IHA in the Federal Register on February 29, 2012 (77 FR 12246).
We received comments from the Marine Mammal Commission, which
recommended that we issue the requested incidental harassment
authorization, subject to inclusion of the proposed mitigation and
monitoring measures. All proposed mitigation and monitoring measures
are included in the issued authorization.
Description of Marine Mammals in the Area of the Specified Activity
Many of the beaches in the Channel Islands provide resting, molting
or breeding places for pinnipeds. On SNI, three pinniped species
(northern elephant seal, harbor seal, and California sea lion) can be
expected to occur on land in the vicinity of abalone research sites
either regularly or in large numbers during certain times of the year.
In addition to the three species commonly encountered at SNI, Guadalupe
fur seals (Arctocephalus townsendi), listed as threatened under the
ESA, and sea otters are known to occur. A single adult male Guadalupe
fur seal was seen at one abalone research site on two occasions during
the summer months in the mid-1980s. However, none have been seen since
that time. Due to the rarity of Guadalupe fur seal sightings during
abalone research at SNI, and because of mitigation measures described
later in this document (see Mitigation section of this document), no
take of Guadalupe fur seals is anticipated or authorized. While sea
otters are not typically sighted during the abalone survey work, a 2011
population survey indicated that sea otters at SNI number approximately
50 individuals. However, sea otters are under the jurisdiction of the
U.S. Fish and Wildlife Service and are not discussed further here.
The FR notice of proposed IHA (77 FR 12246; February 29, 2012)
summarizes the population status and abundance of these species and
provides detailed life history information. Further information on the
biology and distribution of these species and others in the region can
be found in the FR notice or in NMFS' Marine Mammal Stock Assessment
Reports, which are available online at https://www.nmfs.noaa.gov/pr/sars/.
Potential Effects of the Specified Activity on Marine Mammals
Variable numbers of California sea lions, harbor seals, and
elephant seals, depending on the time of year and the specific site,
typically haul out near six of the nine study sites used for abalone
research, and rarely near a seventh, with breeding activity occurring
at five of the nine sites. Pinnipeds likely to be affected by abalone
research activity are those that are hauled out on land at or near
study sites.
Incidental harassment may result if hauled out animals are
disturbed by the presence of abalone researchers. Although marine
mammals are never deliberately approached by abalone survey personnel,
approach may be unavoidable if pinnipeds are hauled out in the
immediate vicinity of the permanent abalone study plots. Disturbance
may result in reactions ranging from an animal simply becoming alert to
the presence of researchers (e.g., turning the head, assuming a more
upright posture) to flushing from the haul-out site into the water. We
do not consider the alerting reactions to constitute behavioral
harassment, or Level B harassment takes, but rather assume that
pinnipeds that move greater than 1 m or change the speed or direction
of their movement in response to the presence of researchers are
behaviorally harassed, and thus subject to Level B harassment taking.
Animals that respond to the presence of researchers by becoming alert,
but do not move or change the nature of locomotion as described, are
not considered to have been subject to behavioral harassment.
Even those reactions constituting Level B harassment would result
at most in temporary, short-term disturbance. In any given study season
(i.e., October to March), the researchers will make 4-6 visits to SNI,
although each site is not visited during every visit to SNI. Visits to
each site are thus separated by a matter of weeks, within the season,
and are typically not visited at all during the summer months. Each
site visit typically lasts no more than 4 hours. Therefore, disturbance
of pinnipeds resulting from the presence of researchers lasts only for
short periods of time and is separated by significant amounts of time
in which no disturbance occurs. Because such disturbance is sporadic,
rather than chronic, and of low intensity, individual marine mammals
are unlikely to incur any detrimental impacts to vital rates or ability
to forage and, thus, loss of fitness. Correspondingly, even local
populations, much less the overall stocks of animals, are extremely
unlikely to accrue any significantly detrimental impacts. The FR notice
of proposed IHA (77 FR 12246; February 29, 2012) provides a more
detailed description of the potential effects of these activities on
marine mammals.
Anticipated Effects on Habitat
We do not anticipate any detrimental effects to marine mammal
habitat as a result of the specified activities, beyond rendering the
areas immediately around each of the nine study sites less desirable as
haul-out sites for a matter of hours per year.
[[Page 61577]]
Summary of Previous Monitoring
VanBlaricom has complied with the mitigation and monitoring
required under previous authorizations. During the course of these
activities, VanBlaricom has not exceeded the take levels authorized. A
full summary of previous monitoring may be found in the FR notice (77
FR 12246; February 29, 2012).
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must, where applicable, set
forth the permissible methods of taking pursuant to such activity, and
other means of effecting the least practicable impact on such species
or stock and its habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance, and on the
availability of such species or stock for taking for certain
subsistence uses (where relevant).
Several mitigation measures will be implemented as part of the SNI
abalone research activities in order to reduce the potential for
harassment and the intensity of any harassment that does occur. The
primary method of mitigating the risk of disturbance to pinnipeds,
which will be in use at all times, is the selection of judicious routes
of approach to abalone study sites, avoiding close contact with
pinnipeds hauled out on shore, and the use of extreme caution upon any
unavoidable approach. In no case will marine mammals be deliberately
approached by abalone survey personnel, and in all cases every possible
measure will be taken to select a pathway of approach to study sites
that minimizes the number of marine mammals potentially harassed. Each
visit to a given study site will last for approximately 4 hours, after
which the site is vacated and can be re-occupied by any marine mammals
that may have been disturbed by the presence of abalone researchers.
In addition, potential disturbances to females with dependent pups
(in the cases of California sea lions and harbor seals) will be
mitigated to the greatest extent practicable by avoiding visits to
sites with pinnipeds present from March-September, during periods of
breeding and lactation for those species. During this period, abalone
research will either not occur or will be confined to those sites (2,
3, 4, and 9) where pinniped breeding and post-partum nursing does not
occur. Limiting visits to the breeding and lactation sites to periods
when these activities do not occur (October-February) will reduce the
possibility of incidental harassment and disruption of reproductive
behavior and the potential for injury, serious injury, or mortality of
dependent California sea lion pups and harbor seal pups to near zero.
Northern elephant seal pups are present at four sites (5-8) during
winter months. Risks of injury or mortality of elephant seal pups by
mother/pup separation or trampling are limited to the period from
January through March when pups are born, nursed, and weaned, ending
about 30 days post-weaning when pups depart land for foraging areas at
sea. However, elephant seals have a much higher tolerance of nearby
human activity than sea lions or harbor seals. Also, elephant seal
pupping typically occurs on the sandy beaches at SNI, approximately 50
m or more away from the abalone study sites. Possible take of northern
elephant seal pups will be minimized, as for other species, by using a
very careful approach to the study sites and avoiding the proximity of
hauled-out seals and any seal pups during collection of abalone
population data. As described previously, elephant seals show very low
sensitivity to the presence of researchers, and no juvenile elephant
seal was harassed during the December 2005-January 2009 period.
One individual Guadalupe fur seal was seen on two separate
occasions during the summer months in the mid-1980s. Since the original
sightings, no individuals of this species have been seen during abalone
research. However, to ensure that Guadalupe fur seals are not affected
by these activities, work will be immediately suspended if an
individual is seen. Guadalupe fur seals are distinctive in appearance
and behavior, and can be readily identified at a distance without any
possibility of disturbance.
We have carefully evaluated the applicant's planned mitigation
measures and considered a range of other measures in the context of
ensuring that we prescribe 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: (1) The manner in
which, and the degree to which, the successful implementation of the
measure is expected to minimize adverse impacts to marine mammals; (2)
the proven or likely efficacy of the specific measure to minimize
adverse impacts as planned; and (3) the practicability of the measure
for applicant implementation, including consideration of personnel
safety and practicality of implementation.
Based on our evaluation of the mitigation measures, we have
determined that these mitigation measures provide the means of
effecting the least practicable impact on marine mammal species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must, where applicable, 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 ITAs must include the suggested means of
accomplishing the necessary monitoring and reporting that would 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.
Currently, all biological research activities at SNI are subject to
approval and regulation by the Environmental Planning and Management
Department (EPMD), U.S. Navy (Navy). The Navy owns SNI and closely
regulates all civilian access to, and activity on, the island,
including biological research. Therefore, monitoring activities will be
closely coordinated with Navy marine mammal biologists located on SNI.
In addition, status and trends of pinniped aggregations at SNI are
monitored by the NMFS Southwest Fisheries Science Center (SWFSC). Also,
long-term studies of pinniped population dynamics, migratory and
foraging behavior, and foraging ecology at SNI are conducted by staff
at Hubbs-Sea World Research Institute (HSWRI).
Monitoring requirements in relation to VanBlaricom's abalone
research surveys will include observations made by the applicant and
his associates. Information recorded will include species counts (with
numbers of pups/juveniles), numbers of observed disturbances, and
descriptions of the disturbance behaviors during the abalone surveys.
Observations of unusual behaviors, numbers, or distributions of
pinnipeds on SNI will be reported to EPMD, SWFSC, and HSWRI so that any
potential follow-up observations can be conducted by the appropriate
personnel. In addition, observations of tag-bearing pinniped carcasses
as well as any rare or unusual species of marine mammals will be
reported to EPMD and SWFSC.
[[Page 61578]]
If at any time serious injury or mortality of the species for which
take is authorized should occur, or if harassment of any other marine
mammal occurs, and such action may be a result of the specified abalone
research, VanBlaricom will suspend research activities and contact NMFS
immediately to determine how best to proceed to ensure that another
injury or death does not occur and to ensure that the applicant remains
in compliance with the MMPA.
A draft final report must be submitted to NMFS Office of Protected
Resources within 60 days after the conclusion of the field season. The
report will include a summary of the information gathered pursuant to
the monitoring requirements set forth in the IHA. A final report must
be submitted within 30 days after receiving comments from NMFS on the
draft final report. If no comments are received from NMFS, the draft
final report will be considered to be the final report.
Estimated Take by Incidental Harassment
With respect to the activities described 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].
All anticipated takes would be by Level B harassment, involving
temporary changes in behavior. The planned mitigation and monitoring
measures are expected to minimize the possibility of injurious or
lethal takes such that take by injury, serious injury, or mortality is
considered remote. The distribution of pinnipeds hauled out on beaches
is not uniform between sites or at different times of the year. The
number of marine mammals disturbed may vary by month and location, and
it is likely that only those animals hauled out closest to the actual
survey transect plots contained within each research site would be
disturbed by the presence of researchers and alter their behavior or
attempt to move out of the way. VanBlaricom plans to visit site 8 five
times, sites 5 and 7 four times each, and sites 1, 4, 6, and 9 two
times each. No marine mammals have been observed at sites 2 and 3, and
unlimited visits are allowed to those sites.
We consider an animal to have been harassed if it moved greater
than 1 m in response to the researcher's presence or if the animal was
already moving and changed direction and/or speed, or if the animal
flushed into the water. Animals that become alert without such
movements are not considered harassed. Estimated potential incidental
take is based on the number of visits proposed for each site, the
maximum number of animals observed at each site (October-February), and
the observed susceptibility to harassment for each species (see FR
notice; 77 FR 12246; February 29, 2012). We conservatively estimate
that the maximum total possible numbers of individuals that may be
incidentally harassed as a result of the planned activity would be
3,340 California sea lions, 212 harbor seals, and nine northern
elephant seals (each constituting less than 2 percent of the relevant
populations).
Negligible Impact and Small Numbers Analysis and Preliminary
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,
we consider a variety of factors, including but not limited to: (1) The
number of anticipated mortalities; (2) the number and nature of
anticipated injuries; (3) the number, nature, intensity, and duration
of Level B harassment; and (4) the context in which the take occurs.
Based on VanBlaricom's application and monitoring reports for
previous field seasons, as well as the analysis contained herein, we
have determined that the impact of the described abalone research at
SNI will result, at most, in a temporary modification in behavior for
small numbers of California sea lions, harbor seals, and northern
elephant seals, in the form of movement away from the researchers and/
or flushing from the beach. The numbers of authorized take for each of
the three species are considered small relative to the relevant stocks
or populations (each less than 2 percent). In addition, no take by
injury, serious injury or mortality is anticipated or authorized, and
take by harassment will be at the lowest level practicable due to
incorporation of the mitigation and monitoring measures mentioned
previously in this document. We have determined that the anticipated
takes will not have an adverse on annual rates of recruitment or
survival for these species or stocks, and therefore will have a
negligible impact on the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
No subsistence uses of marine mammals are implicated by this
action.
Endangered Species Act (ESA)
The described abalone research and issuance of the accompanying IHA
will not affect ESA-listed marine mammal species or critical habitat
under NMFS' jurisdiction.
National Environmental Policy Act (NEPA)
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), and
NOAA Administrative Order 216-6, we prepared an Environmental
Assessment (EA) to consider the direct, indirect and cumulative effects
to the human environment resulting from the issuance of IHAs to
VanBlaricom. NMFS signed a Finding of No Significant Impact on November
21, 2005. We have reviewed the application and previous monitoring
reports and determined that there are no substantial changes to the
proposed action or new environmental impacts or concerns. Therefore, we
have determined that a new or supplemental EA or Environmental Impact
Statement is unnecessary. We received no public comments or new
information in response to this notice that would affect that
determination. The 2005 EA referenced above is available for review at
https://www.nmfs.noaa.gov/pr/permits/incidental.htm. We hereby reaffirm
the 2005 FONSI.
Authorization
As a result of these determinations, we have issued an IHA to
VanBlaricom to conduct the described activities for a period of one
year, provided the previously described mitigation, monitoring, and
reporting requirements are incorporated.
Dated: October 3, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-24932 Filed 10-9-12; 8:45 am]
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