Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 2012-2013, 73989-73993 [2012-29952]
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Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC362
Takes of Marine Mammals Incidental to
Specified Activities; Seabird and
Pinniped Research Activities in Central
California, 2012–2013
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, we hereby give
notification that the National Marine
Fisheries Service has issued an
Incidental Harassment Authorization
(IHA) to PRBO Conservation Science
(PRBO), to take marine mammals, by
Level B harassment, incidental to
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
California.
SUMMARY:
Effective December 7, 2012,
through December 6, 2013.
ADDRESSES: To obtain an electronic
copy of the authorization, application,
and associated Environmental
Assessment (EA) and Finding of No
Significant Impact (FONSI), write to P.
Michael Payne, Chief, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East West
Highway, Silver Spring, MD 20910,
telephone the contact listed below (see
FOR FURTHER INFORMATION CONTACT), or
download the files at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may
also be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION:
DATES:
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Background
Section 101(a)(5)(D) of the MMPA
(MMPA; 16 U.S.C. 1361 et seq.) directs
the Secretary of Commerce to authorize,
upon request, the incidental, but not
intentional, taking of small numbers of
marine mammals of a species or
population stock, by United States
citizens who engage in a specified
activity (other than commercial fishing)
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within a specified geographical region
if: (1) We make certain findings; (2) the
taking is limited to harassment; and (3)
we provide a notice of a proposed
authorization to the public for review.
Authorization shall be granted for the
incidental taking of small numbers of
marine mammals if we, NMFS, find 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.
We have 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 Marine
Mammal Protection Act established an
expedited process by which citizens of
the United States can apply for an
authorization to incidentally take small
numbers of marine mammals by
harassment. Section 101(a)(5)(D) of the
Act establishes a 45-day time limit for
our 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, we must either issue or deny the
authorization and must publish a notice
in the Federal Register within 30 days
of our determination to issue or deny
the authorization.
Except with respect to certain
activities not applicable here, the
Marine Mammal Protection Act 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
We received an application on April
29, 2012, from PRBO requesting the
taking by harassment, of small numbers
of marine mammals, incidental to
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
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73989
Reyes National Seashore in central
California. PRBO, along with partners
Oikonos Ecosystem Knowledge and
Point Reyes National Seashore, plan to
conduct the proposed activities for one
year. We determined the application
complete and adequate on June 5, 2012
and made the complete application
available for public comment (see
ADDRESSES) for this IHA.
Their proposed research activities
would involve monitoring and
censusing seabird colonies; observing
seabird nesting habitat; restoring nesting
burrows; observing breeding elephant
seals, and resupplying a field station.
The proposed activities would occur in
the vicinity of pinniped haul out sites
located on Southeast Farallon Island
˜
(37° 41′54.32″ N, 123° 0′8.33″ W), Ano
Nuevo Island (37° 6′29.25″ N, 122°
20′12.20″ W), or within Point Reyes
National Seashore (37° 59′38.61″ N, 122°
58′24.90″ W) in central California.
Acoustic and visual stimuli generated
by: (1) Noise generated by motorboat
approaches and departures; (2) noise
generated during restoration activities
and loading operations while
resupplying the field station; and (3)
human presence during seabird and
pinniped research activities, may have
the potential to cause California sea
lions (Zalophus californianus), Pacific
harbor seals (Phoca vitulina), northern
elephant seals (Mirounga angustirostris),
and Steller sea lions (Eumetopias
jubatus) hauled out on Southeast
˜
Farallon Island, Ano Nuevo Island, or
Point Reyes National Seashore to flush
into the surrounding water or to cause
a short-term behavioral disturbance for
marine mammals in the proposed areas.
These types of disturbances are the
principal means of marine mammal
taking associated with these activities
and PRBO has requested an
authorization to take 5,104 California
sea lions, 526 harbor seals, 190 northern
elephant seals, and 20 Steller sea lions
(Eumetopias jubatus) by Level B
harassment only.
To date, we have issued four 1-year
IHAs to PRBO for the conduct of the
same activities from 2007 to 2012. This
will be PRBO’s fifth IHA for the same
activities for the 2012 through 2013
season.
Description of the Specified Geographic
Region
The proposed action area consists of
the following three locations in the
northeast Pacific Ocean: the South
˜
Farallon Islands, Ano Nuevo Island and
Point Reyes National Seashore.
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Description of the Specified Activity
Potential Effects on Marine Mammals
We outlined the purpose of the
research and the specified geographic
locations of the activities in a previous
notice for the proposed IHA (77 FR
59377, September 27, 2012). The
activities to be conducted and their
locations have not changed between the
proposed IHA notice and this final
notice announcing the issuance of the
IHA. For a more detailed description of
PRBO’s seabird and pinniped research
activities conducted under, the reader
should refer to the notice of the
proposed IHA (77 FR 59377, September
27, 2012), the application, and
associated documents referenced above
this section.
Acoustic and visual stimuli generated
by: (1) Motorboat operations; and (2) the
appearance of researchers may have the
potential to cause Level B harassment of
any pinnipeds hauled out on Southeast
˜
Farallon Island, Ano Nuevo Island, or
Point Reyes National Seashore. This
disturbance from acoustic and visual
stimuli is the principal means of marine
mammal taking associated with these
activities.
The effects of the pinniped and
seabird research activities would be
limited to short-term startle responses
and localized behavioral changes and
have the potential to temporarily
displace the animals from a haul out
site. We would expect the pinnipeds to
return to a haulout site within 60
minutes of the disturbance (Allen et al.,
1985) and do not expect that the
pinnipeds would permanently abandon
a haul-out site during the conduct of
pinniped and seabird research
operations.
Finally, no research activities would
occur on pinniped rookeries and
breeding animals are concentrated in
areas where researchers would not visit.
Therefore, we would not expect mother
and pup separation or crushing of pups
to occur.
For a more detailed discussion of
behavioral reactions of marine mammals
to loud noises or looming visual stimuli,
and some specific observations of the
response of marine mammals to this
activity gathered during previous
monitoring, we refer the reader to the
notice of the proposed IHA (77 FR
59377, September 27, 2012), the
application, and associated documents.
Comments and Responses
We published a notice of receipt of
PRBO’s application and proposed IHA
in the Federal Register on September
27, 2012 (77 FR 59377). During the 30day public comment period, we
received one comment from the Marine
Mammal Commission (Commission)
which recommended that we issue the
requested authorization provided that
PRBO carry out the required mitigation
measures and monitoring as described
in the notice of a proposed IHA (77 FR
59377, September 27, 2012). We have
included all measures proposed in the
notice of the proposed IHA (77 FR
59377, September 27, 2012) in the
Authorization.
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Description of Marine Mammals in the
Area of the Specified Activity
The marine mammals most likely to
be harassed incidental to conducting
seabird and pinniped research at the
research areas on Southeast Farallon
˜
Island, Ano Nuevo Island, or Point
Reyes National Seashore are primarily
California sea lions, northern elephant
seals, Pacific harbor seals, and to a
lesser extent the eastern distinct
population of the Steller sea lion which
is listed as endangered under the U.S.
Endangered Species Act of 1973 (ESA;
16 U.S.C. 1531 et seq.). California sea
lions, northern elephant seals, Pacific
harbor seals are not listed as threatened
or endangered under the ESA, nor are
they categorized as depleted under the
MMPA.
We refer the public to Carretta et al.,
(2011) for general information on these
species. We included a more detailed
discussion of the status of these stocks
and their occurrence in and around
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore in the notice of the proposed
IHA (77 FR 59377, September 27, 2012).
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Anticipated Effects on Habitat
We do not anticipate that the research
operations would result in any
temporary or permanent effects on the
habitats used by the marine mammals in
the research areas, including the food
sources they use (i.e., fish and
invertebrates). We do not anticipate that
there would be any physical damage to
any habitat. While we anticipate that the
specified activity may result in marine
mammals avoiding certain areas due to
temporary ensonification and human
presence, this impact to habitat is
temporary and reversible which we
considered in detail in the proposed
IHA (77 FR 59377, September 27, 2012),
as behavioral modification.
Mitigation
In order to issue an incidental take
authorization under section 101(a)(5)(D)
of the Marine Mammal Protection Act,
we must set forth the permissible
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methods of taking pursuant to such
activity, and other means of effecting
the least practicable adverse impact on
such species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and the availability of such
species or stock for taking for certain
subsistence uses.
PRBO has based the mitigation
measures described herein, to be
implemented for the seabird and
pinniped research activities, on the
following:
(1) Protocols used during the previous
PRBO seabird and pinniped research
activities as approved by us;
(2) Recommended best practices in
Richardson et al. (1995);
(3) The Terms and Conditions of
Scientific Research Permit 17152–00
issued on November 30, 2012;
(4) The Terms and Conditions listed
in the Incidental Take Statement for
NMFS’ 2008 Biological Opinion for
these activities.
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with the activities,
PRBO and/or its designees will
implement the following mitigation
measures for marine mammals:
(1) Abide by all of the Terms and
Conditions listed in the Incidental Take
Statement for NMFS’ 2008 Biological
Opinion, including: monitoring for
offshore predators and reporting on
observed behaviors of Steller sea lions
in relation to the disturbance.
(2) Abide by the Terms and
Conditions of Scientific Research Permit
17152–00 issued on November 30, 2012.
˜
(3) Postpone beach landings on Ano
Nuevo Island until pinnipeds that may
be present on the beach have slowly
entered the water.
(4) Select a pathway of approach to
research sites that minimizes the
number of marine mammals harassed,
with the first priority being avoiding the
disturbance of Steller sea lions at haulouts.
(5) Avoid visits to sites used by
pinnipeds for pupping.
(6) Monitor for offshore predators and
not approach hauled out Steller sea
lions or other pinnipeds if great white
sharks (Carcharodon carcharias) or
killer whales (Orcinas orca) are seen in
the area. If predators are seen, eastern
U.S. stock Steller sea lions or any other
pinniped must not be disturbed until
the area is free of predators.
(7) Keep voices hushed and bodies
low to the ground in the visual presence
of pinnipeds.
(8) Conduct seabird observations at
North Landing on Southeast Farallon
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Island in an observation blind, shielded
from the view of hauled out pinnipeds.
(9) Crawl slowly to access seabird nest
˜
boxes on Ano Nuevo Island if pinnipeds
are within view.
(10) Coordinate research visits to
intertidal areas of Southeast Farallon
Island (to reduce potential take) and to
˜
coordinate research goals for Ano Nuevo
Island to minimize the number of trips
to the island.
(11) Coordinate monitoring schedules
˜
on Ano Nuevo Island, so that areas near
any pinnipeds would be accessed only
once per visit.
(12) Have the lead biologist serve as
an observer to evaluate incidental take.
We have carefully evaluated the
applicant’s proposed mitigation
measures and have 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 impacts as
planned; and
(3) the practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by us or
recommended by the public for
previous Authorizations, we have
determined that the mitigation measures
provide the means of effecting the least
practicable adverse impacts on marine
mammals species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
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Monitoring
In order to issue an ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
‘‘requirements pertaining to the
monitoring and reporting of such
taking’’. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13)
indicate that requests for IHAs must
include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the action
area.
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As part of its 2012 application, PRBO
proposes to sponsor marine mammal
monitoring during the present project,
in order to implement the mitigation
measures that require real-time
monitoring, and to satisfy the
monitoring requirements of the
incidental harassment authorization.
The PRBO researchers will monitor
the area for pinnipeds during all
research activities. Monitoring activities
will consist of conducting and recording
observations on pinnipeds within the
vicinity of the proposed research areas.
The monitoring notes would provide
dates, location, species, the researcher’s
activity, behavioral state, numbers of
animals that were alert or moved greater
than one meter, and numbers of
pinnipeds that flushed into the water.
PRBO has complied with the
monitoring requirements under the
previous authorizations for the 2007
through 2012 seasons. For the 2011–
2012 season, the total number of marine
mammals incidentally harassed during
the conduct of the research were lower
than what we authorized in in the 2011
IHA. This along with the results from
previous PRBO monitoring reports
support our original findings that the
mitigation measures set forth in the
2007–2012 Authorizations effected the
least practicable adverse impact on the
species or stock. We have posted
PRBO’s 2011–2012 monitoring report at
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Reporting
PRBO will submit a final monitoring
report to us no later than 90 days after
the expiration of the IHA. The final
report will describe the operations
conducted and sightings of marine
mammals near the proposed project.
The report will provide full
documentation of methods, results, and
interpretation pertaining to all
monitoring. The final report will
provide:
(i) A summary and table of the dates,
times, and weather during all seabird
and pinniped research activities.
(ii) Species, number, location, and
behavior of any marine mammals
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
or visual stimuli associated with the
seabird and pinniped research activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the Authorization and full
documentation of methods, results, and
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73991
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 authorization (if
issued), such as an injury (Level A
harassment), serious injury, or mortality
(e.g., vessel-strike, stampede, etc.),
PRBO shall immediately cease the
specified activities and immediately
report the incident to the Incidental
Take Program Supervisor, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and 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;
• Description and location of the
incident (including water depth, if
applicable);
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Description of all marine mammal
observations in the 24 hours preceding
the incident;
• 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).
PRBO shall not resume its activities
until we are able to review the
circumstances of the prohibited take.
We shall work with PRBO to determine
what is necessary to minimize the
likelihood of further prohibited take and
ensure Marine Mammal Protection Act
compliance. PRBO may not resume their
activities until notified by us via letter,
email, or telephone.
In the event that PRBO discovers an
injured or dead marine mammal, and
the lead visual observer 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 we describe in the
next paragraph), PRBO will immediately
report the incident to the Incidental
Take Program Supervisor, Permits and
Conservation Division, Office of
Protected Resources, at 301–427–8401
and/or by email to
Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and 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 this section. Activities may
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continue while we review the
circumstances of the incident. We will
work with PRBO to determine whether
modifications in the activities are
appropriate.
In the event that PRBO discovers an
injured or dead marine mammal, and
the lead visual observer determines that
the injury or death is not associated
with or related to the authorized
activities (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), PRBO will report the incident
to the Incidental Take Program
Supervisor, Permits and Conservation
Division, Office of Protected Resources,
at 301–427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and the Southwest
Regional Stranding Coordinator at (562)
980–3230 (Sarah.Wilkin@noaa.gov),
within 24 hours of the discovery. PRBO
staff will provide photographs or video
footage (if available) or other
documentation of the stranded animal
sighting to us.
PRBO scientists, and our statistical
analysis of the past three years of data.
For this IHA, we have authorized the
take of 5,390 California sea lions, 526
harbor seals, 190 northern elephant
seals, and 20 Steller sea lions. Estimates
of the numbers of marine mammals that
might be affected are based on
consideration of the maximum number
of marine mammals that could be
disturbed by approximately 1,908 visits
˜
to Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore during the course of the
activity.
There is no evidence that PRBO’s
planned activities could result in injury,
serious injury or mortality within the
three areas. Because of the required
mitigation measures and the likelihood
that some pinnipeds will avoid the
areas, we expect no injury, serious
injury, or mortality to occur, and we do
not authorize any takes by injury,
serious injury, or mortality. We expect
all potential takes to fall under the
category of Level B harassment only.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the Marine
Mammal Protection Act 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].
We anticipate take by Level B
harassment only as a result of the
pinniped and research operations on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore. Based on PRBO’s previous
research experiences, with the same
activities conducted in the research
areas, we estimate that approximately
5,390 California sea lions, 526 harbor
seals, 190 northern elephant seals, and
20 Steller sea lions could be potentially
affected by Level B behavioral
harassment over the course of the
effective period of the proposed
Authorization. IHA. We base these
estimates by multiplying three
components: (1) The maximum number
of animals that could be present; (2) the
maximum number of disturbances; and
(3) the estimated number of days that an
animal could be present in the proposed
area. We derived these estimates from
the results of the 2007–2011 monitoring
reports, anecdotal information from
Negligible Impact and Small Numbers
Analysis and Determination
We have 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:
(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); and
(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.
As mentioned previously, we estimate
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 relative to the population size.
These incidental harassment numbers
represent 1.8 percent of the U.S. stock
of California sea lion, 0.25 percent of the
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California breeding stock of the northern
elephant seal; 1.97 percent of the
California stock of Pacific harbor seal,
and 0.04 percent of the Eastern U.S.
stock of Steller sea lion. For each
species, these numbers are small (each,
less than or equal to two percent)
relative to the population size.
PRBO’s specified activities are not
likely to cause long-term behavioral
disturbance, abandonment of the
haulout areas, serious injury, or
mortality because:
(1) The effects of the research
activities would be limited to short-term
startle responses and localized
behavioral changes. Minor and brief
responses, such as short-duration startle
or alert reactions, are not likely to
constitute disruption of behavioral
patterns, such as migration, nursing,
breeding, feeding, or sheltering.
(2) The relatively slow operational
speed of the small motor craft during
approach to the landing areas;
(3) There is little potential for largescale movements leading to serious
injury or mortality;
(4) The specified activities do not
occur near rookeries;
(5) The availability of alternate areas
for pinnipeds to avoid the resultant
noise and visual stimuli from the
seabird and pinniped research activities.
Results from previous monitoring
reports that support our conclusions
that the pinnipeds return to the sites
after the disturbance and do not
permanently abandon these sites.
We do not anticipate takes by Level A
harassment, serious injury, or mortality
to occur as a result of PRBO’s research
activities, and none are authorized.
These species may exhibit behavioral
modifications, including temporarily
vacating the area during the seabird and
pinniped research activities to avoid the
resultant acoustic and visual
disturbances. However, we anticipate
only short-term behavioral disturbance
to occur due to the brief duration of the
research activities, the availability of
alternate areas for marine mammals to
avoid the resultant acoustic and visual
disturbances; and limited access of
PRBO researchers to Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore during the
pupping season. Due to the nature,
degree, and context of the behavioral
harassment anticipated, we do not
expect these activities to impact rates of
recruitment or survival.
We have determined, provided that
PRBO carries out the previously
described mitigation and monitoring
measures, that the impact of conducting
seabird and pinniped research activities
˜
on Southeast Farallon Island, Ano
E:\FR\FM\12DEN1.SGM
12DEN1
Federal Register / Vol. 77, No. 239 / Wednesday, December 12, 2012 / Notices
Nuevo Island, and Point Reyes National
Seashore in central California December
7, 2012, through December 6, 2013, may
result, at worst, in a temporary
modification in behavior and/or lowlevel physiological effects (Level B
harassment) of small numbers of certain
species of marine mammals.
Based on the analysis contained here
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, have
determined that the total taking from the
proposed activities will have a
negligible impact on the affected species
or stocks; and that impacts to affected
species or stocks of marine mammals
would be mitigated to the lowest level
practicable.
mstockstill on DSK4VPTVN1PROD with
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) of the Marine
Mammal Protection Act also requires us
to determine that the authorization will
not have an unmitigable adverse effect
on the availability of marine mammal
species or stocks for subsistence use.
There are no relevant subsistence uses
of marine mammals in the study area
(northeastern Pacific Ocean) that
implicate section 101(a)(5)(D) of the
Marine Mammal Protection Act.
Endangered Species Act
The Steller sea lion, eastern U.S. stock
is listed as threatened under the ESA
and occurs in the research area. NMFS
Headquarters’ Office of Protected
Resources, Permits and Conservation on
Division conducted a formal section 7
consultation under the ESA. On
November 18, 2008, NMFS issued a
Biological Opinion (2008 BiOp);
concluded that the issuance of an IHA
is likely to affect, but not likely to
jeopardize the continued existence of
Steller sea lions; and issued an
incidental take statement (ITS) for
Steller sea lions pursuant to section 7 of
the ESA. The ITS contains reasonable
and prudent measures for implementing
terms and conditions to minimize the
effects of this take. NMFS has reviewed
the 2008 BiOp and determined that
there is no new information regarding
effects to Steller sea lions; the action has
not been modified in a manner which
would cause adverse effects not
previously evaluated; there has been no
new listing of species or no new
designation of critical habitat that could
be affected by the action; and the action
will not exceed the extent or amount of
incidental take authorized in the 2008
BiOp. Therefore, the IHA does not
VerDate Mar<15>2010
15:48 Dec 11, 2012
Jkt 229001
require the reinitiation of Section 7
consultation under the ESA.
National Environmental Policy Act
(NEPA)
To meet our NEPA requirements for
the issuance of an Authorization to
PRBO, we prepared an Environmental
Assessment (EA) in 2007 that was
specific to seabird research activities on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
Seashore and evaluated the impacts on
the human environment of our
authorization of Level B harassment
resulting from seabird research in
Central California. At that time, we
determined that conducting the seabird
research would not have a significant
impact on the quality of the human
environment and issued a Finding of No
Significant Impact (FONSI) and,
therefore, it was not necessary to
prepare an environmental impact
statement for the issuance of an
Authorization to PRBO for this activity.
In 2008, we prepared a supplemental
EA (SEA) titled ‘‘Supplemental
Environmental Assessment for the
issuance of an Incidental Harassment
Authorization To Take Marine
Mammals by Harassment Incidental To
Conducting Seabird and Pinniped
Research in Central California and
Environmental Assessment for the
Continuation of Scientific Research on
Pinnipeds in California,’’ to address
new available information regarding the
effects of PRBO’s seabird and pinniped
research activities that may have
cumulative impacts to the physical and
biological environment. At that time, we
concluded that issuance of an
Authorization would not significantly
affect the quality of the human
environment and issued a FONSI for the
2008 SEA regarding PRBO’s activities.
In conjunction with this year’s
application, we have again reviewed the
2007 EA and the 2008 SEA and
determined that there are no new direct,
indirect or cumulative impacts to the
human and natural environment
associated with the Authorization
requiring evaluation in a supplemental
EA. We, therefore, again reaffirm the
2008 FONSI. A copy of the EA, SEA,
and the FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
As a result of these determinations,
we have issued an IHA to PRBO to take
marine mammals, by Level B
harassment only, incidental to
conducting seabird and pinniped
research activities on Southeast Farallon
˜
Island, Ano Nuevo Island, and Point
Reyes National Seashore in central
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
73993
California provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: December 7, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2012–29952 Filed 12–11–12; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF EDUCATION
[Docket No. ED–2012–ICCD–0068]
Agency Information Collection
Activities; Comment Request; Indian
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Grants Program: GPRA and Service
Payback Data Collection
Office of Elementary and
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Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing an extension of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before February
11, 2013.
ADDRESSES: Comments submitted in
response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
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Docket ID number ED–2012–ICCD–0068
or via postal mail, commercial delivery,
or hand delivery. Please note that
comments submitted by fax or email
and those submitted after the comment
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requests for information or comments
submitted by postal mail or delivery
should be addressed to the Director of
the Information Collection Clearance
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FOR FURTHER INFORMATION CONTACT:
Electronically mail
ICDocketMgr@ed.gov. Please do not
send comments here.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
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SUMMARY:
E:\FR\FM\12DEN1.SGM
12DEN1
Agencies
[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 73989-73993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29952]
[[Page 73989]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC362
Takes of Marine Mammals Incidental to Specified Activities;
Seabird and Pinniped Research Activities in Central California, 2012-
2013
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, we hereby give notification that the National Marine
Fisheries Service has issued an Incidental Harassment Authorization
(IHA) to PRBO Conservation Science (PRBO), to take marine mammals, by
Level B harassment, incidental to conducting seabird and pinniped
research activities on Southeast Farallon Island, A[ntilde]o Nuevo
Island, and Point Reyes National Seashore in central California.
DATES: Effective December 7, 2012, through December 6, 2013.
ADDRESSES: To obtain an electronic copy of the authorization,
application, and associated Environmental Assessment (EA) and Finding
of No Significant Impact (FONSI), write to P. Michael Payne, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, 1315 East West Highway, Silver
Spring, MD 20910, telephone the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or download the files at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Documents cited in this notice may also be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the MMPA (MMPA; 16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to authorize, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals of a species or population stock, by United States citizens who
engage in a specified activity (other than commercial fishing) within a
specified geographical region if: (1) We make certain findings; (2) the
taking is limited to harassment; and (3) we provide a notice of a
proposed authorization to the public for review.
Authorization shall be granted for the incidental taking of small
numbers of marine mammals if we, NMFS, find 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.
We have 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 Marine Mammal Protection Act
established an expedited process by which citizens of the United States
can apply for an authorization to incidentally take small numbers of
marine mammals by harassment. Section 101(a)(5)(D) of the Act
establishes a 45-day time limit for our 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, we
must either issue or deny the authorization and must publish a notice
in the Federal Register within 30 days of our determination to issue or
deny the authorization.
Except with respect to certain activities not applicable here, the
Marine Mammal Protection Act 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
We received an application on April 29, 2012, from PRBO requesting
the taking by harassment, of small numbers of marine mammals,
incidental to conducting seabird and pinniped research activities on
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes
National Seashore in central California. PRBO, along with partners
Oikonos Ecosystem Knowledge and Point Reyes National Seashore, plan to
conduct the proposed activities for one year. We determined the
application complete and adequate on June 5, 2012 and made the complete
application available for public comment (see ADDRESSES) for this IHA.
Their proposed research activities would involve monitoring and
censusing seabird colonies; observing seabird nesting habitat;
restoring nesting burrows; observing breeding elephant seals, and
resupplying a field station. The proposed activities would occur in the
vicinity of pinniped haul out sites located on Southeast Farallon
Island (37[deg] 41'54.32'' N, 123[deg] 0'8.33'' W), A[ntilde]o Nuevo
Island (37[deg] 6'29.25'' N, 122[deg] 20'12.20'' W), or within Point
Reyes National Seashore (37[deg] 59'38.61'' N, 122[deg] 58'24.90'' W)
in central California.
Acoustic and visual stimuli generated by: (1) Noise generated by
motorboat approaches and departures; (2) noise generated during
restoration activities and loading operations while resupplying the
field station; and (3) human presence during seabird and pinniped
research activities, may have the potential to cause California sea
lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina),
northern elephant seals (Mirounga angustirostris), and Steller sea
lions (Eumetopias jubatus) hauled out on Southeast Farallon Island,
A[ntilde]o Nuevo Island, or Point Reyes National Seashore to flush into
the surrounding water or to cause a short-term behavioral disturbance
for marine mammals in the proposed areas. These types of disturbances
are the principal means of marine mammal taking associated with these
activities and PRBO has requested an authorization to take 5,104
California sea lions, 526 harbor seals, 190 northern elephant seals,
and 20 Steller sea lions (Eumetopias jubatus) by Level B harassment
only.
To date, we have issued four 1-year IHAs to PRBO for the conduct of
the same activities from 2007 to 2012. This will be PRBO's fifth IHA
for the same activities for the 2012 through 2013 season.
Description of the Specified Geographic Region
The proposed action area consists of the following three locations
in the northeast Pacific Ocean: the South Farallon Islands, A[ntilde]o
Nuevo Island and Point Reyes National Seashore.
[[Page 73990]]
Description of the Specified Activity
We outlined the purpose of the research and the specified
geographic locations of the activities in a previous notice for the
proposed IHA (77 FR 59377, September 27, 2012). The activities to be
conducted and their locations have not changed between the proposed IHA
notice and this final notice announcing the issuance of the IHA. For a
more detailed description of PRBO's seabird and pinniped research
activities conducted under, the reader should refer to the notice of
the proposed IHA (77 FR 59377, September 27, 2012), the application,
and associated documents referenced above this section.
Comments and Responses
We published a notice of receipt of PRBO's application and proposed
IHA in the Federal Register on September 27, 2012 (77 FR 59377). During
the 30-day public comment period, we received one comment from the
Marine Mammal Commission (Commission) which recommended that we issue
the requested authorization provided that PRBO carry out the required
mitigation measures and monitoring as described in the notice of a
proposed IHA (77 FR 59377, September 27, 2012). We have included all
measures proposed in the notice of the proposed IHA (77 FR 59377,
September 27, 2012) in the Authorization.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammals most likely to be harassed incidental to
conducting seabird and pinniped research at the research areas on
Southeast Farallon Island, A[ntilde]o Nuevo Island, or Point Reyes
National Seashore are primarily California sea lions, northern elephant
seals, Pacific harbor seals, and to a lesser extent the eastern
distinct population of the Steller sea lion which is listed as
endangered under the U.S. Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.). California sea lions, northern elephant seals,
Pacific harbor seals are not listed as threatened or endangered under
the ESA, nor are they categorized as depleted under the MMPA.
We refer the public to Carretta et al., (2011) for general
information on these species. We included a more detailed discussion of
the status of these stocks and their occurrence in and around Southeast
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National
Seashore in the notice of the proposed IHA (77 FR 59377, September 27,
2012).
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated by: (1) Motorboat operations;
and (2) the appearance of researchers may have the potential to cause
Level B harassment of any pinnipeds hauled out on Southeast Farallon
Island, A[ntilde]o Nuevo Island, or Point Reyes National Seashore. This
disturbance from acoustic and visual stimuli is the principal means of
marine mammal taking associated with these activities.
The effects of the pinniped and seabird research activities would
be limited to short-term startle responses and localized behavioral
changes and have the potential to temporarily displace the animals from
a haul out site. We would expect the pinnipeds to return to a haulout
site within 60 minutes of the disturbance (Allen et al., 1985) and do
not expect that the pinnipeds would permanently abandon a haul-out site
during the conduct of pinniped and seabird research operations.
Finally, no research activities would occur on pinniped rookeries
and breeding animals are concentrated in areas where researchers would
not visit. Therefore, we would not expect mother and pup separation or
crushing of pups to occur.
For a more detailed discussion of behavioral reactions of marine
mammals to loud noises or looming visual stimuli, and some specific
observations of the response of marine mammals to this activity
gathered during previous monitoring, we refer the reader to the notice
of the proposed IHA (77 FR 59377, September 27, 2012), the application,
and associated documents.
Anticipated Effects on Habitat
We do not anticipate that the research operations would result in
any temporary or permanent effects on the habitats used by the marine
mammals in the research areas, including the food sources they use
(i.e., fish and invertebrates). We do not anticipate that there would
be any physical damage to any habitat. While we anticipate that the
specified activity may result in marine mammals avoiding certain areas
due to temporary ensonification and human presence, this impact to
habitat is temporary and reversible which we considered in detail in
the proposed IHA (77 FR 59377, September 27, 2012), as behavioral
modification.
Mitigation
In order to issue an incidental take authorization under section
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the
permissible methods of taking pursuant to such activity, and other
means of effecting the least practicable adverse impact on such species
or stock and its habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance, and the availability
of such species or stock for taking for certain subsistence uses.
PRBO has based the mitigation measures described herein, to be
implemented for the seabird and pinniped research activities, on the
following:
(1) Protocols used during the previous PRBO seabird and pinniped
research activities as approved by us;
(2) Recommended best practices in Richardson et al. (1995);
(3) The Terms and Conditions of Scientific Research Permit 17152-00
issued on November 30, 2012;
(4) The Terms and Conditions listed in the Incidental Take
Statement for NMFS' 2008 Biological Opinion for these activities.
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities, PRBO and/or its designees will
implement the following mitigation measures for marine mammals:
(1) Abide by all of the Terms and Conditions listed in the
Incidental Take Statement for NMFS' 2008 Biological Opinion, including:
monitoring for offshore predators and reporting on observed behaviors
of Steller sea lions in relation to the disturbance.
(2) Abide by the Terms and Conditions of Scientific Research Permit
17152-00 issued on November 30, 2012.
(3) Postpone beach landings on A[ntilde]o Nuevo Island until
pinnipeds that may be present on the beach have slowly entered the
water.
(4) Select a pathway of approach to research sites that minimizes
the number of marine mammals harassed, with the first priority being
avoiding the disturbance of Steller sea lions at haul-outs.
(5) Avoid visits to sites used by pinnipeds for pupping.
(6) Monitor for offshore predators and not approach hauled out
Steller sea lions or other pinnipeds if great white sharks (Carcharodon
carcharias) or killer whales (Orcinas orca) are seen in the area. If
predators are seen, eastern U.S. stock Steller sea lions or any other
pinniped must not be disturbed until the area is free of predators.
(7) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds.
(8) Conduct seabird observations at North Landing on Southeast
Farallon
[[Page 73991]]
Island in an observation blind, shielded from the view of hauled out
pinnipeds.
(9) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo
Island if pinnipeds are within view.
(10) Coordinate research visits to intertidal areas of Southeast
Farallon Island (to reduce potential take) and to coordinate research
goals for A[ntilde]o Nuevo Island to minimize the number of trips to
the island.
(11) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so
that areas near any pinnipeds would be accessed only once per visit.
(12) Have the lead biologist serve as an observer to evaluate
incidental take.
We have carefully evaluated the applicant's proposed mitigation
measures and have 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 impacts as planned; and
(3) the practicability of the measure for applicant implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by us or recommended by the public
for previous Authorizations, we have determined that the mitigation
measures provide the means of effecting the least practicable adverse
impacts on marine mammals species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance.
Monitoring
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth ``requirements pertaining to
the monitoring and reporting of such taking''. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs
must include the suggested means of accomplishing the necessary
monitoring and reporting that will result in increased knowledge of the
species and of the level of taking or impacts on populations of marine
mammals that are expected to be present in the action area.
As part of its 2012 application, PRBO proposes to sponsor marine
mammal monitoring during the present project, in order to implement the
mitigation measures that require real-time monitoring, and to satisfy
the monitoring requirements of the incidental harassment authorization.
The PRBO researchers will monitor the area for pinnipeds during all
research activities. Monitoring activities will consist of conducting
and recording observations on pinnipeds within the vicinity of the
proposed research areas. The monitoring notes would provide dates,
location, species, the researcher's activity, behavioral state, numbers
of animals that were alert or moved greater than one meter, and numbers
of pinnipeds that flushed into the water.
PRBO has complied with the monitoring requirements under the
previous authorizations for the 2007 through 2012 seasons. For the
2011-2012 season, the total number of marine mammals incidentally
harassed during the conduct of the research were lower than what we
authorized in in the 2011 IHA. This along with the results from
previous PRBO monitoring reports support our original findings that the
mitigation measures set forth in the 2007-2012 Authorizations effected
the least practicable adverse impact on the species or stock. We have
posted PRBO's 2011-2012 monitoring report at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Reporting
PRBO will submit a final monitoring report to us no later than 90
days after the expiration of the IHA. The final report will describe
the operations conducted and sightings of marine mammals near the
proposed project. The report will provide full documentation of
methods, results, and interpretation pertaining to all monitoring. The
final report will provide:
(i) A summary and table of the dates, times, and weather during all
seabird and pinniped research activities.
(ii) Species, number, location, and behavior of any marine mammals
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic or visual stimuli associated
with the seabird and pinniped research activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the Authorization 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
authorization (if issued), such as an injury (Level A harassment),
serious injury, or mortality (e.g., vessel-strike, stampede, etc.),
PRBO shall immediately cease the specified activities and immediately
report the incident to the Incidental Take Program Supervisor, Permits
and Conservation Division, Office of Protected Resources, NMFS, at 301-
427-8401 and/or by email to Jolie.Harrison@noaa.gov and
ITP.Cody@noaa.gov and 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;
Description and location of the incident (including water
depth, if applicable);
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
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).
PRBO shall not resume its activities until we are able to review the
circumstances of the prohibited take. We shall work with PRBO to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure Marine Mammal Protection Act compliance.
PRBO may not resume their activities until notified by us via letter,
email, or telephone.
In the event that PRBO discovers an injured or dead marine mammal,
and the lead visual observer 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 we describe in the next
paragraph), PRBO will immediately report the incident to the Incidental
Take Program Supervisor, Permits and Conservation Division, Office of
Protected Resources, at 301-427-8401 and/or by email to
Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and 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 this section. Activities may
[[Page 73992]]
continue while we review the circumstances of the incident. We will
work with PRBO to determine whether modifications in the activities are
appropriate.
In the event that PRBO discovers an injured or dead marine mammal,
and the lead visual observer determines that the injury or death is not
associated with or related to the authorized activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), PRBO will report the incident to
the Incidental Take Program Supervisor, Permits and Conservation
Division, Office of Protected Resources, at 301-427-8401 and/or by
email to Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and the
Southwest Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov), within 24 hours of the discovery. PRBO staff
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to us.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
Marine Mammal Protection Act 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].
We anticipate take by Level B harassment only as a result of the
pinniped and research operations on Southeast Farallon Island,
A[ntilde]o Nuevo Island, and Point Reyes National Seashore. Based on
PRBO's previous research experiences, with the same activities
conducted in the research areas, we estimate that approximately 5,390
California sea lions, 526 harbor seals, 190 northern elephant seals,
and 20 Steller sea lions could be potentially affected by Level B
behavioral harassment over the course of the effective period of the
proposed Authorization. IHA. We base these estimates by multiplying
three components: (1) The maximum number of animals that could be
present; (2) the maximum number of disturbances; and (3) the estimated
number of days that an animal could be present in the proposed area. We
derived these estimates from the results of the 2007-2011 monitoring
reports, anecdotal information from PRBO scientists, and our
statistical analysis of the past three years of data.
For this IHA, we have authorized the take of 5,390 California sea
lions, 526 harbor seals, 190 northern elephant seals, and 20 Steller
sea lions. Estimates of the numbers of marine mammals that might be
affected are based on consideration of the maximum number of marine
mammals that could be disturbed by approximately 1,908 visits to
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes
National Seashore during the course of the activity.
There is no evidence that PRBO's planned activities could result in
injury, serious injury or mortality within the three areas. Because of
the required mitigation measures and the likelihood that some pinnipeds
will avoid the areas, we expect no injury, serious injury, or mortality
to occur, and we do not authorize any takes by injury, serious injury,
or mortality. We expect all potential takes to fall under the category
of Level B harassment only.
Negligible Impact and Small Numbers Analysis and Determination
We have 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:
(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); and
(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.
As mentioned previously, we estimate 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 relative
to the population size. These incidental harassment numbers represent
1.8 percent of the U.S. stock of California sea lion, 0.25 percent of
the California breeding stock of the northern elephant seal; 1.97
percent of the California stock of Pacific harbor seal, and 0.04
percent of the Eastern U.S. stock of Steller sea lion. For each
species, these numbers are small (each, less than or equal to two
percent) relative to the population size.
PRBO's specified activities are not likely to cause long-term
behavioral disturbance, abandonment of the haulout areas, serious
injury, or mortality because:
(1) The effects of the research activities would be limited to
short-term startle responses and localized behavioral changes. Minor
and brief responses, such as short-duration startle or alert reactions,
are not likely to constitute disruption of behavioral patterns, such as
migration, nursing, breeding, feeding, or sheltering.
(2) The relatively slow operational speed of the small motor craft
during approach to the landing areas;
(3) There is little potential for large-scale movements leading to
serious injury or mortality;
(4) The specified activities do not occur near rookeries;
(5) The availability of alternate areas for pinnipeds to avoid the
resultant noise and visual stimuli from the seabird and pinniped
research activities. Results from previous monitoring reports that
support our conclusions that the pinnipeds return to the sites after
the disturbance and do not permanently abandon these sites.
We do not anticipate takes by Level A harassment, serious injury,
or mortality to occur as a result of PRBO's research activities, and
none are authorized. These species may exhibit behavioral
modifications, including temporarily vacating the area during the
seabird and pinniped research activities to avoid the resultant
acoustic and visual disturbances. However, we anticipate only short-
term behavioral disturbance to occur due to the brief duration of the
research activities, the availability of alternate areas for marine
mammals to avoid the resultant acoustic and visual disturbances; and
limited access of PRBO researchers to Southeast Farallon Island,
A[ntilde]o Nuevo Island, and Point Reyes National Seashore during the
pupping season. Due to the nature, degree, and context of the
behavioral harassment anticipated, we do not expect these activities to
impact rates of recruitment or survival.
We have determined, provided that PRBO carries out the previously
described mitigation and monitoring measures, that the impact of
conducting seabird and pinniped research activities on Southeast
Farallon Island, A[ntilde]o
[[Page 73993]]
Nuevo Island, and Point Reyes National Seashore in central California
December 7, 2012, through December 6, 2013, may result, at worst, in a
temporary modification in behavior and/or low-level physiological
effects (Level B harassment) of small numbers of certain species of
marine mammals.
Based on the analysis contained here 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, have determined that the total taking from the proposed
activities will have a negligible impact on the affected species or
stocks; and that impacts to affected species or stocks of marine
mammals would be mitigated to the lowest level practicable.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) of the Marine Mammal Protection Act also
requires us to determine that the authorization will not have an
unmitigable adverse effect on the availability of marine mammal species
or stocks for subsistence use. There are no relevant subsistence uses
of marine mammals in the study area (northeastern Pacific Ocean) that
implicate section 101(a)(5)(D) of the Marine Mammal Protection Act.
Endangered Species Act
The Steller sea lion, eastern U.S. stock is listed as threatened
under the ESA and occurs in the research area. NMFS Headquarters'
Office of Protected Resources, Permits and Conservation on Division
conducted a formal section 7 consultation under the ESA. On November
18, 2008, NMFS issued a Biological Opinion (2008 BiOp); concluded that
the issuance of an IHA is likely to affect, but not likely to
jeopardize the continued existence of Steller sea lions; and issued an
incidental take statement (ITS) for Steller sea lions pursuant to
section 7 of the ESA. The ITS contains reasonable and prudent measures
for implementing terms and conditions to minimize the effects of this
take. NMFS has reviewed the 2008 BiOp and determined that there is no
new information regarding effects to Steller sea lions; the action has
not been modified in a manner which would cause adverse effects not
previously evaluated; there has been no new listing of species or no
new designation of critical habitat that could be affected by the
action; and the action will not exceed the extent or amount of
incidental take authorized in the 2008 BiOp. Therefore, the IHA does
not require the reinitiation of Section 7 consultation under the ESA.
National Environmental Policy Act (NEPA)
To meet our NEPA requirements for the issuance of an Authorization
to PRBO, we prepared an Environmental Assessment (EA) in 2007 that was
specific to seabird research activities on Southeast Farallon Island,
A[ntilde]o Nuevo Island, and Point Reyes National Seashore and
evaluated the impacts on the human environment of our authorization of
Level B harassment resulting from seabird research in Central
California. At that time, we determined that conducting the seabird
research would not have a significant impact on the quality of the
human environment and issued a Finding of No Significant Impact (FONSI)
and, therefore, it was not necessary to prepare an environmental impact
statement for the issuance of an Authorization to PRBO for this
activity. In 2008, we prepared a supplemental EA (SEA) titled
``Supplemental Environmental Assessment for the issuance of an
Incidental Harassment Authorization To Take Marine Mammals by
Harassment Incidental To Conducting Seabird and Pinniped Research in
Central California and Environmental Assessment for the Continuation of
Scientific Research on Pinnipeds in California,'' to address new
available information regarding the effects of PRBO's seabird and
pinniped research activities that may have cumulative impacts to the
physical and biological environment. At that time, we concluded that
issuance of an Authorization would not significantly affect the quality
of the human environment and issued a FONSI for the 2008 SEA regarding
PRBO's activities. In conjunction with this year's application, we have
again reviewed the 2007 EA and the 2008 SEA and determined that there
are no new direct, indirect or cumulative impacts to the human and
natural environment associated with the Authorization requiring
evaluation in a supplemental EA. We, therefore, again reaffirm the 2008
FONSI. A copy of the EA, SEA, and the FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
As a result of these determinations, we have issued an IHA to PRBO
to take marine mammals, by Level B harassment only, incidental to
conducting seabird and pinniped research activities on Southeast
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National
Seashore in central California provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
Dated: December 7, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-29952 Filed 12-11-12; 8:45 am]
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