Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, CA, 1838-1848 [2013-00202]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Notices]
[Pages 1838-1848]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00202]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC350


Takes of Marine Mammals Incidental to Specified Activities; St. 
George Reef Light Station Restoration and Maintenance at Northwest Seal 
Rock, Del Norte County, CA

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

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

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SUMMARY: We have received an application from the St. George Reef 
Lighthouse Preservation Society

[[Page 1839]]

(Society), for an Incidental Harassment Authorization (IHA) to take 
marine mammals, by harassment incidental to conducting aircraft 
operations, lighthouse renovation, and light maintenance activities on 
the St. George Reef Light Station on Northwest Seal Rock (NWSR) in the 
northeast Pacific Ocean from the period of February through April, 2013 
and during the period of November through December, 2013. Per the 
Marine Mammal Protection Act, we are requesting comments on our 
proposal to issue an Incidental Harassment Authorization to the Society 
to incidentally harass, by Level B harassment only, four species of 
marine mammals during the specified activity.

DATES: Comments and information must be received no later than February 
7, 2013.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910-3225. The mailbox address for 
providing email comments is ITP.Cody@noaa.gov. Please include 0648-
XC350 in the subject line. We are not responsible for email comments 
sent to other addresses other than the one provided here. Comments sent 
via email to ITP.Cody@noaa.gov, including all attachments, must not 
exceed a 10-megabyte file size.
    All submitted comments are a part of the public record and we will 
post to https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications 
without change. All Personal Identifying Information (for example, 
name, address, etc.) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit confidential business information or 
otherwise sensitive or protected information.
    To obtain an electronic copy of the application containing a list 
of the references used in this document, write to the previously 
mentioned address, telephone the contact listed here (see FOR FURTHER 
INFORMATION CONTACT), or visit the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    The following associated documents are also available at the same 
internet address: Environmental Assessment (EA) prepared by us; and our 
2010 Finding of No Significant Impact (FONSI). Documents cited in this 
notice may be viewed, by appointment, during regular business hours, at 
the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of 
Protected Resources, NMFS, (301) 713-2289 or Monica DeAngelis, NMFS 
Southwest Regional Office, (562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972, 
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of 
Commerce to authorize, upon request, the incidental, but not 
intentional, taking 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, after notice of a proposed authorization to the 
public for review and public comment: (1) We make certain findings; and 
(2) the taking is limited to harassment.
    We shall grant authorization for the incidental taking of small 
numbers of marine mammals if we 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 taking. 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 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].

Summary of Request

    We received an application from the Society on May 8, 2012, 
requesting that we issue an Incidental Harassment Authorization 
(Authorization) for the take, by Level B harassment only, of small 
numbers of marine mammals incidental to conducting to helicopter 
operations and restoration and maintenance activities on the St. George 
Reef Light Station (Station) for the 2013 season. After addressing 
comments from us and submitting required annual monitoring reports from 
the 2011 season, we determined the application complete and adequate on 
November 27, 2012.
    The Society aims to: (1) Restore and preserve the Station on a 
monthly basis (February-April, and November-December, 2013); and (2) 
perform periodic, annual maintenance on the Station's optical light 
system.
    The Station, which is listed in the National Park Service's 
National Register of Historic Places, is located on Northwest Seal Rock 
offshore of Crescent City, California in the northeast Pacific Ocean.
    The proposed activities would occur in the vicinity of a possible 
pinniped haul out site located on Northwest Seal Rock. Acoustic and 
visual stimuli generated by: (1) Helicopter landings/takeoffs; (2) 
noise generated during restoration activities (e.g., painting, 
plastering, welding, and glazing); (3) maintenance activities (e.g., 
bulb replacement and automation of the light system); and (4) human 
presence, may have the potential to cause any pinnipeds hauled out on 
Northwest Seal Rock to flush into the surrounding water or to cause a 
short-term behavioral disturbance. These types of disturbances are the 
principal means of marine mammal taking associated with these 
activities and the Society has requested an authorization to take 204 
California sea lions (Zalophus californianus); 36 Pacific Harbor seals 
(Phoca vitulina); 172 Steller sea lions (Eumetopias jubatus) within the 
eastern U.S. Stock; and six northern fur seals (Callorhinus ursinus) by 
Level B harassment.

[[Page 1840]]

    To date, we have issued three, 1-year IHAs to the Society for the 
conduct of the same activities from 2010 to 2012 (75 FR 4774, January 
29, 2010; 76 FR 10564, February 25, 2011; and 77 FR 8811, February 15, 
2012). This is the Society's fourth request for an IHA; the current IHA 
will expire on December 31, 2012.

Description of the Specified Activity

    The Society proposes to conduct the proposed activities (aircraft 
operations, lighthouse restoration, and light maintenance activities) 
from the period of February through April, 2013 and during the period 
of November through December, 2013, at a maximum frequency of one 
session per month. The proposed duration for each session would last no 
more than three days (e.g., Friday, Saturday, and Sunday).

Aircraft Operations

    Because Northwest Seal Rock has no safe landing area for boats, the 
proposed restoration activities would require the Society to transport 
personnel and equipment from the California mainland to Northwest Seal 
Rock by a small helicopter. Helicopter landings take place on top of 
the engine room (caisson) which is approximately 15 meters (m) (48 feet 
(ft)) above the surface of the rocks on Northwest Seal Rock.
    The Society proposes to transport no more than 15 work crew members 
and equipment to Northwest Seal Rock for each session and estimates 
that each session would require no more than 36 helicopter landings/
takeoffs per month. During landing, the helicopter would land on the 
caisson to allow the work crew members to disembark and retrieve their 
equipment located in a basket attached to the underside of the 
helicopter. The helicopter would then return to the mainland to pick up 
additional personnel and equipment. Even though the Society would use 
the helicopter to transport work crew members and materials on the 
first and last days of the three-day activity, the helicopter would 
likely fly to and from the Station on all three days of the restoration 
and maintenance activities.
    Proposed schedule: The Society would conduct a maximum of 16 
flights (eight arrivals and eight departures) for the first day. The 
first flight would depart from Crescent City Airport at approximately 9 
a.m. for a 6-minute flight to Northwest Seal Rock. The helicopter would 
land and takeoff immediately after offloading personnel and equipment 
every 20 minutes (min). The total duration of the first day's aerial 
operations could last for approximately 3 hours (hrs) and 26 min and 
would end at approximately 12:34 p.m. Crew members would remain 
overnight at the Station and would not return to the mainland on the 
first day.
    For the second day, the Society would conduct a maximum of 10 
flights (five arrivals and five departures) to transport additional 
materials on and off the islet. The first flight would depart from 
Crescent City Airport at 9 a.m. for a 6-minute flight to Northwest Seal 
Rock. The total duration of the second day's aerial operations could 
last up to three hours.
    For the final day of operations, the Society could conduct a 
maximum of eight helicopter flights (four arrivals and four departures) 
to transport the remaining crew members and equipment/material back to 
the Crescent City Airport. The total duration of the third day's 
helicopter operations in support of restoration could last up to 2 hrs 
and 14 min.
    As a mean of funding support for the restoration activities, the 
Society proposes to conduct public tours of the Station during the last 
day of the proposed restoration and maintenance activities. The Society 
proposes to transport visitors to the Station during the Sunday work 
window period. Although some of these flights would be conducted solely 
for the transportation of tourists, those flights would be conducted at 
a later stage when no pinnipeds are expected to be at the Station. The 
proposed IHA does not include additional allowance for animals that 
might be affected by additional flights for the transportation of 
tourists.

Lighthouse Restoration Activities

    Restoration activities would include the removal of peeling paint 
and plaster, restoration of interior plaster and paint, refurbishing 
structural and decorative metal, reworking original metal support beams 
throughout the lantern room and elsewhere, replacing glass as 
necessary, and upgrading the present electrical system. The Society 
expects to complete most of the major restoration work within the next 
five years.

Light Maintenance Activities

    The Society will need to conduct maintenance on the Station's 
beacon light at least once or up to two times per year within the 
proposed work window. Scheduled light maintenance activities would 
coincide with lighthouse restoration activities conducted monthly 
during the period of February through April, 2013 and during the period 
of November through December, 2013. The Society expects that 
maintenance activities would not exceed 3 hrs per each monthly session.

Emergency Light Maintenance

    If the beacon light fails during the period from February 22, 2013, 
through April 30, 2013, or during the period of November 1, 2013, 
through December 31, 2013, the Society proposes to send a crew of two 
to three people to the Station by helicopter to repair the beacon 
light. For each emergency repair event, the Society proposes to conduct 
a maximum of four flights (two arrivals and two departures) to 
transport equipment and supplies. The helicopter may remain on site or 
transit back to shore and make a second landing to pick up the repair 
personnel.
    In the case of an emergency repair between May 1, 2013, and October 
31, 2013, the Society would consult with the NMFS Southwest Regional 
Office (SWRO) to best determine the timing of the trips to the 
lighthouse, on a case-by-case basis, based upon the existing 
environmental conditions and the abundance and distribution of any 
marine mammals present on NWSR. The SWRO biologists would have real-
time knowledge regarding the animal use and abundance of the Northwest 
Seal Rock at the time of the repair request and would make a decision 
regarding when the trips to the lighthouse can be made during the 
emergency repair time window that would have the least practicable 
adverse impact to marine mammals. The SWRO would also ensure that the 
Society's request for incidental take during emergency repairs would 
not exceed the number of incidental take authorized in the proposed 
IHA. To date, the Society has not needed to conduct emergency light 
maintenance between May through October under any of the previous 
Authorizations.
    Complete automation of the light generating system and automatic 
backup system would minimize maintenance and emergency repair visits to 
the island. The light is solar powered using one solar panel; an 
installed second panel serves as a backup which is automatically 
activated if needed. A second smaller bulb in the lantern is activated 
if the primary bulb fails. Use of high quality, durable materials and 
thorough weatherproofing is planned to minimize trips for maintenance 
and repair in the future. All tools and supplies are stored on the 
island so that a minimal number of transport trips for emergency 
maintenance will be necessary.

[[Page 1841]]

Acoustic Source Specifications

R44 Raven Helicopter

    The Society plans to charter a Raven R44 helicopter, owned and 
operated by Air Shasta Rotor and Wing, LLC. The Raven R44, which seats 
three passengers and one pilot, is a compact-sized (1134 kilograms 
(kg), 2500 pounds (lbs)) helicopter with two-bladed main and tail 
rotors. Both sets of rotors are fitted with noise-attenuating blade tip 
caps that would decrease flyover noise.

Metrics Used in This Document

    This section includes a brief explanation of the sound measurements 
frequently used in the discussions of acoustic effects in this 
document. Sound pressure is the sound force per unit area, and is 
usually measured in micropascals ([mu]Pa), where 1 pascal (Pa) is the 
pressure resulting from a force of one newton exerted over an area of 
one square meter. Sound pressure level (SPL) is expressed as the ratio 
of a measured sound pressure and a reference level. The commonly used 
reference pressure is 1 [mu]Pa for under water, and the units for SPLs 
are dB re: 1 [mu]Pa. The commonly used reference pressure is 20 [mu]Pa 
for in air, and the units for SPLs are dB re: 20 [mu]Pa.
    SPL (in decibels (dB)) = 20 log (pressure/reference pressure).
    SPL is an instantaneous measurement and can be expressed as the 
peak, the peak-peak (p-p), or the root mean square (rms). Root mean 
square, which is the square root of the arithmetic average of the 
squared instantaneous pressure values, is typically used in discussions 
of the effects of sounds on vertebrates and all references to SPL in 
this document refer to the root mean square unless otherwise noted. SPL 
does not take the duration of a sound into account.

Characteristics of the Aircraft Noise

    Noise testing performed on the R44 Raven Helicopter, as required 
for Federal Aviation Administration approval, required an overflight at 
150 m (492 ft) above ground level, 109 knots and a maximum gross weight 
of 1,134 kg (2,500 lbs). The noise levels measured on the ground at 
this distance and speed were 81.9 decibels (dB) re: 20 [mu]Pa (A-
weighted) for the model R44 Raven I, or 81.0 dB re: 20 [mu]Pa (A-
weighted) for the model R44 Raven II (NMFS, 2007).
    The helicopter would land on the Station's caisson and presumably, 
the received sound levels would increase above 81-81.9 dB re: 20 [mu]Pa 
(A-weighted) at the landing area.

Characteristics of Restoration and Maintenance Noise

    Restoration and maintenance activities would involve the removal of 
peeling paint and plaster, restoration of interior plaster and paint, 
refurbishing structural and decorative metal, reworking original metal 
support beams throughout the lantern room and elsewhere, replacing 
glass as necessary, upgrading the present electrical system; and annual 
light beacon maintenance. Any noise associated with these activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills). The Society proposes to confine all restoration 
activities to the existing structure which would occur on the upper 
levels of the Station. Pinnipeds hauled out on Northwest Seal Rock do 
not have access to this area.
    We expect that acoustic stimuli resulting from the proposed 
helicopter operations; noise from maintenance and restoration 
activities; and human presence have the potential to harass marine 
mammals, incidental to the conduct of the proposed activities. We 
expect these disturbances to be temporary and result, at worst, in a 
temporary modification in behavior and/or low-level physiological 
effects (Level B Harassment) of small numbers of certain species of 
marine mammals.

Description of the Specified Geographic Region

    The Station is located on a small, rocky islet (41[deg]50'24'' N, 
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi)) 
in the northeast Pacific Ocean, offshore of Crescent City, California 
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W). NWSR is 
approximately 91.4 m (300 ft) in diameter that peaks at 5.18 m (17 ft) 
above mean sea level. The Station, built in 1892, rises 45.7 m (150 ft) 
above the sea, consists of hundreds of granite blocks, is topped with a 
cast iron lantern room, and covers much of the surface of the islet.

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

    The marine mammals most likely to be harassed incidental to the 
Society's helicopter operations, lighthouse restoration, and lighthouse 
maintenance on Northwest Seal Rock are primarily Steller and California 
sea lions and to a lesser extent the Pacific harbor seal and the 
eastern Pacific stock of northern fur seal. We refer the public to 
Carretta et al., (2011) and Allen and Angliss (2012) for general 
information on these species which are presented below this section. 
The publications are available at: https://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf and https://www.nmfs.noaa.gov/pr/pdfs/sars/ak2011.pdf 
respectively. We present a summary of information on these species 
below this section.

California Sea Lion

    California sea lions are not listed as threatened or endangered 
under the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), nor are 
they categorized as depleted under the MMPA. The California sea lion is 
now a full species, separated from the Galapagos sea lion (Z. 
wollebaeki) and the extinct Japanese sea lion (Z. japonicus) (Brunner 
2003, Wolf et al., 2007, Schramm et al., 2009). The estimated 
population of the U.S. stock of California sea lion is approximately 
296,750 animals and the current maximum population growth rate is 12 
percent (Carretta et al., 2011).
    Major rookeries for the California sea lion exist on the Channel 
Islands off southern California and on the islands situated along the 
east and west coasts of Baja California. The breeding areas of the 
California sea lion are on islands located in southern California, 
western Baja California, and the Gulf of California. Males are 
polygamous, establishing breeding territories that may include up to 14 
females. They defend their territories with aggressive physical 
displays and vocalization. Sea lions reach sexual maturity at four to 
five years old and the breeding season lasts from May to August. Most 
pups are born from May through July and weaned at 10 months old.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the Society. They reported 
that counts of California sea lions on NWSR varied greatly (from six to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April-May), summer (June-August), and fall (September-October), 
averaged 60, 154, and 235, respectively (CCR, 2001).
    The most current counts for the month of July by NMFS (2000 through 
2004) have been relatively low as the total number of California sea 
lions recorded in 2000 and 2003 was 3 and 11, respectively (M. Lowry, 
NMFS, SWFSC, unpublished data). Based on the monitoring report for the 
2011 season, the maximum numbers of California sea lions present during 
the April and November, 2011 work sessions was 2 and 90 animals, 
respectively (SGRLPS, 2012). There were no California sea lions present

[[Page 1842]]

during the March, 2012 work session (SGRLPS, 2012).

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The estimated population of the 
California stock of Pacific harbor seals is approximately 30,196 
animals (Carretta et. al., 2011).
    The animals inhabit near-shore coastal and estuarine areas from 
Baja California, Mexico, to the Pribilof Islands in Alaska. Pacific 
harbor seals are divided into two subspecies: P. v. stejnegeri in the 
western North Pacific, near Japan, and P. v. richardsi in the northeast 
Pacific Ocean. The latter subspecies, recognized as three separate 
stocks, inhabits the west coast of the continental United States, 
including: The outer coastal waters of Oregon and Washington states; 
Washington state inland waters; and Alaska coastal and inland waters. 
Two of these stocks, the California stock and Oregon/Washington coast 
stock, of Pacific harbor seals are identified off the coast of Oregon 
and California for management purposes under the MMPA. However, the 
stock boundary is difficult to distinguish because of the continuous 
distribution of harbor seals along the west coast and any rigid 
boundary line is (to a greater or lesser extent) arbitrary, from a 
biological perspective (Carretta et al., 2011). Due to the location of 
the proposed project which is situated near the border of Oregon and 
California, both stocks could be present within the proposed project 
area.
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Pups are nursed for 
an average of 24 days and are ready to swim minutes after being born. 
Harbor seal pupping takes place at many locations and rookery size 
varies from a few pups to many hundreds of pups. The nearest harbor 
seal rookery relative to the proposed project site is at Castle Rock 
National Wildlife Refuge, located approximately located 965 m (0.6 mi) 
south of Point St. George, and 2.4 km (1.5 mi) north of the Crescent 
City Harbor in Del Norte County, California (USFWS, 2007).
    CCR noted that harbor seal use of Northwest Seal Rock was minimal, 
with only one sighting of a group of six animals, during 20 observation 
surveys. They hypothesized that harbor seals may avoid the islet 
because of its distance from shore, relatively steep topography, and 
full exposure to rough and frequently turbulent sea swells. For the 
2010 and 2011 seasons, the Society did not observe any Pacific harbor 
seals present on Northwest Seal Rock during restoration activities 
(SGRLPS, 2010; 2011). During the 2012 season, the Society reported 
sighting a total of two harbor seals present on Northwest Seal Rock 
(SGRLPS, 2012).

Northern Fur Seal

    Northern fur seals are not listed as threatened or endangered under 
the Endangered Species Act. However, they are categorized as depleted 
under the Marine Mammal Protection Act. Northern fur seals occur from 
southern California north to the Bering Sea and west to the Sea of 
Okhotsk and Honshu Island of Japan. Two separate stocks of northern fur 
seals are recognized within U.S. waters: An Eastern Pacific stock 
distributed among sites in Alaska, British Columbia; and a San Miguel 
Island stock distributed along the west coast of the continental U.S.
    Northern fur seals may temporarily haul out on land at other sites 
in Alaska, British Columbia, and on islets along the west coast of the 
continental United States, but generally this occurs outside of the 
breeding season (Fiscus, 1983).
    The estimated population of the San Miguel Island stock is 9,968 
animals with a maximum population growth rate of 12 percent (Carretta 
et al., 2011).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental U.S., but individuals occasionally 
come ashore on islands well offshore (i.e., Farallon Islands and 
Channel Islands in California). During the breeding season, 
approximately 74 percent of the worldwide population is found on the 
Pribilof Islands in Alaska, with the remaining animals spread 
throughout the North Pacific Ocean (Lander and Kajimura, 1982).
    CCR observed one male northern fur seal on Northwest Seal Rock in 
October, 1998 (CCR, 2001). It is possible that a few animals may use 
the island more often that indicated by the CCR surveys, if they were 
mistaken for other otariid species (i.e., eared seals or fur seals and 
sea lions) (M. DeAngelis, NMFS, pers. comm.).
    For the 2010, 2011, and 2012 work seasons, the Society has not 
observed any northern fur seals present on Northwest Seal Rock during 
restoration activities (SGRLPS, 2010; 2011; 2012).

Steller Sea Lion

    Steller sea lions consist of two distinct population segments: the 
western and eastern distinct population segments divided at 144[deg] 
West longitude (Cape Suckling, Alaska). The eastern distinct population 
segment of the Steller sea lion is threatened; however NMFS is 
proposing to remove the eastern distinct population segment of Steller 
sea lions from the list of endangered wildlife, after a status review 
by its biologists found the species is recovering. The western distinct 
population segment is endangered under the Endangered Species Act. Both 
segments are depleted under the Marine Mammal Protection Act.
    Steller sea lions range along the North Pacific Rim from northern 
Japan to California (Loughlin et al., 1984), with centers of abundance 
and distribution in the Gulf of Alaska and Aleutian Islands, 
respectively. The species is not known to migrate, but individuals 
disperse widely outside of the breeding season (late May through early 
July), thus potentially intermixing with animals from other areas.
    The western segment of Steller sea lions inhabit central and 
western Gulf of Alaska, Aleutian Islands, as well as coastal waters and 
breed in Asia (e.g., Japan and Russia). The eastern segment includes 
sea lions living in southeast Alaska, British Columbia, California, and 
Oregon.
    The estimated population of the eastern distinct population segment 
ranges from a minimum of 52,847 up to 72,223 animals and the maximum 
population growth rate is 12.1 percent (Angliss and Allen, 2011).
    The eastern distinct population segment of Steller sea lions breeds 
on rookeries located in southeast Alaska, British Columbia, Oregon, and 
California. There are no rookeries located in Washington state. Steller 
sea lions give birth in May through July and breeding commences a 
couple of weeks after birth. Pups are weaned during the winter and 
spring of the following year.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS 1995, 
Trujillo et al., 2004, Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern

[[Page 1843]]

California and new rookeries established in southeastern Alaska 
(Pitcher et al., 2007).
    CCR reported that Steller sea lion numbers at Northwest Seal Rock 
ranged from 20 to 355 animals. Counts of Steller sea lions during the 
spring (April-May), summer (June-August), and fall (September-October), 
averaged 68, 110, and 56, respectively (CCR, 2001). A more recent 
survey at NWSR between 2000 and 2004 showed Steller sea lion numbers 
ranged from 175 to 354 in July (M. Lowry, NMFS/SWFSC, unpubl. data). 
Winter use of NWSR by Steller sea lion is presumed to be minimal, due 
to inundation of the natural portion of the island by large swells.
    For the 2010 season, the Society reported that no Steller sea lions 
were present in the vicinity of Northwest Seal Rock during restoration 
activities (SGRLPS, 2010). Based on the monitoring report for the 2011 
season, the maximum numbers of Steller sea lions present during the 
April and November 2011, work sessions was 2 and 150 animals, 
respectively (SGRLPS, 2012). During the 2012 season, the Society did 
not observe any Steller sea lions present on Northwest Seal Rock during 
restoration activities.

Other Marine Mammals in the Proposed Action Area

    There are several endangered cetaceans that have the potential to 
transit in the vicinity of Northwest Seal Rock including the blue 
(Balaenoptera musculus), fin (Balaenoptera physalus), humpback 
(Megaptera novaeangliae), sei (Balaenoptera borealis), north Pacific 
right (Eubalena japonica), sperm (Physeter macrocephalus), and southern 
resident killer (Orcinus orca) whales.
    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the ESA and categorized as depleted under the MMPA, 
usually range in coastal waters within two km (1.2 mi) of shore. 
Neither CCR nor the Society has encountered California sea otters on 
Northwest Seal Rock during the course of the four-year wildlife study 
(CCR, 2001) nor has the Society encountered the species during the 
course of the previous three IHAs. The U.S. Fish and Wildlife Service 
(USFWS) manages the sea otter and we will not consider this species 
further in this proposed IHA notice.
    All of the aforementioned species are found farther offshore than 
the proposed action area and are not likely to be affected by the 
restoration and maintenance activities. Accordingly, we will not 
consider these species in greater detail and the proposed IHA will only 
address requested take authorizations for pinnipeds.

Potential Effects on Marine Mammals

    Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g., 
painting, plastering, welding, and glazing); and (3) maintenance 
activities (e.g., bulb replacement and automation of the light system) 
may have the potential to cause Level B harassment of any pinnipeds 
hauled out on NWSR. The effects of sounds from helicopter operations 
and/or restoration and maintenance activities might include one of the 
following: temporary or permanent hearing impairment or behavioral 
disturbance (Southall, et al., 2007).

Hearing Impairment

    Marine mammals produce sounds in various important contexts--social 
interactions, foraging, navigating, and to responding to predators. The 
best available science suggests that pinnipeds have a functional aerial 
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and 
can produce a diversity of sounds, though generally from 100 Hz to 
several tens of kHz (Southall, et al., 2007).
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran, 
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount 
of threshold shift include the amplitude, duration, frequency content, 
temporal pattern, and energy distribution of noise exposure. The 
magnitude of hearing threshold shift normally decreases over time 
following cessation of the noise exposure. The amount of threshold 
shift just after exposure is called the initial threshold shift. If the 
threshold shift eventually returns to zero (i.e., the threshold returns 
to the pre-exposure value), it is called temporary threshold shift 
(TTS) (Southall et al., 2007).
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the engine of the aircraft (Born, Riget, 
Dietz, and Andriashek, 1999; Richardson, Greene, Malme, and Thomson, 
1995). Data on underwater TTS-onset in pinnipeds exposed to pulses are 
limited to a single study which exposed two California sea lions to 
single underwater pulses from an arc-gap transducer and found no 
measurable TTS following exposures up to 183 dB re: 1 [micro]Pa (peak-
to-peak) (Finneran, Dear, Carder, and Ridgway, 2003).
    TTS has been demonstrated and studied in certain captive 
odontocetes and pinnipeds exposed to strong sounds (reviewed in 
Southall et al., 2007). In 2004, researchers measured auditory fatigue 
to airborne sound in harbor seals, California sea lions, and northern 
elephant seals (Mirounga angustirostris) after exposure to non-pulse 
noise for 25 minutes (Kastak, Southall, Holt, Kastak, and Schusterman, 
2004). In the study, the harbor seal experienced approximately 6 dB of 
TTS at 99 dB re: 20 [micro]Pa. Onset of TTS was identified in the 
California sea lion at 122 dB re: 20 [micro]Pa. The northern elephant 
seal experienced TTS-onset at 121 dB re: 20 [micro]Pa (Kastak et al., 
2004).
    There is a dearth of information on acoustic effects of helicopter 
overflights on pinniped hearing and communication (Richardson et al., 
1995) and to NMFS' knowledge, there has been no specific documentation 
of TTS, let alone permanent threshold shift (PTS), in free-ranging 
pinnipeds exposed to helicopter operations during realistic field 
conditions.
    In 2008, NMFS issued an IHA to the U.S. Fish and Wildlife Service 
(USFWS) for the take of small numbers of Steller sea lions and Pacific 
harbor seals, incidental to rodent eradication activities on an islet 
offshore of Rat Island, AK conducted by helicopter. The 15-minute 
aerial treatment consisted of the helicopter slowly approaching the 
islet at an elevation of over 1,000 feet (304.8 m); gradually 
decreasing altitude in slow circles; and applying the rodenticide in a 
single pass and returning to Rat Island. The gradual and deliberate 
approach to the islet resulted in the sea lions present initially 
becoming aware of the helicopter and calmly moving into the water. 
Further, the USFWS reported that all responses fell well within the 
range of Level B harassment (i.e., alert head raises without moving or 
limited, short-term displacement resulting from aircraft noise due to 
helicopter overflights).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haulout areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Any 
noise attributed to the Society's proposed helicopter operations on 
NWSR would be short-term (approximately 5 min per trip). NMFS would 
expect the ambient noise levels to return to a baseline state when 
helicopter operations have ceased for the day. Per Richardson et al. 
(1995), approaching aircraft generally flush animals into the water and 
noise from

[[Page 1844]]

a helicopter is typically directed down in a ``cone'' underneath the 
aircraft. As the helicopter landings take place 15 m (48 ft) above the 
surface of the rocks on NWSR, NMFS presumes that the received sound 
levels would increase above 81-81.9 dB re: 20 [mu]Pa (A-weighted) at 
the landing pad. However, NMFS does not expect that the increased 
received levels of sound from the helicopter would cause TTS or PTS 
because the pinnipeds would flush before the helicopter approached 
NWSR; thus increasing the distance between the pinnipeds and the 
received sound levels on NWSR during the proposed action.

Behavioral Disturbance

    There is increasing recognition that the effect of human 
disturbance wildlife is highly dependent on the nature of the 
disturbance (Burger et al., 1995; Klein et al., 1995; and Kucey, 2005). 
Disturbances resulting from human activity can impact short- and long-
term pinniped haul out behavior (Renouf et al., 1981; Schneider and 
Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). The apparent skittishness of both harbor seals and 
Steller sea lions raises concerns regarding behavioral and 
physiological impacts to individuals and populations experiencing high 
levels of human disturbance. It is well known that human activity can 
flush harbor seals off haul out sites (Allen et al., 1984; Calambokidis 
et al., 1991; Suryan and Harvey, 1999; Mortenson et al., 2000).
    The Hawaiian monk seal (Monachus schauinslandi) has been shown to 
avoid beaches that have been disturbed often by humans (Kenyon, 1972). 
Stevens and Boness (2003) concluded that after the 1997-98 El 
Ni[ntilde]o, when populations of the South American fur seal, 
Arctocephalus australis, in Peru declined dramatically, seals abandoned 
some of their former primary breeding sites, but continued to breed at 
adjacent beaches that were more rugged (i.e., less likely to be used by 
humans). Abandoned and unused sites were more likely to have human 
disturbance than currently used sites. In one case, human disturbance 
appeared to cause Steller sea lions to desert a breeding area at 
Northeast Point on St. Paul Island, Alaska (Kenyon, 1962).
    It is likely that the initial helicopter approach to the Station 
would cause a subset, or all of the marine mammals hauled out on NWSR 
to depart the rock and flush into the water. The physical presence of 
aircraft could also lead to non-auditory effects on marine mammals 
involving visual or other cues. Airborne sound from a low-flying 
helicopter or airplane may be heard by marine mammals while at the 
surface or underwater. In general, helicopters tend to be noisier than 
fixed wing aircraft of similar size and underwater sounds from aircraft 
are strongest just below the surface and directly under the aircraft. 
Noise from aircraft would not be expected to cause direct physical 
effects but have the potential to affect behavior. The primary factor 
that may influence abrupt movements of animals is engine noise, 
specifically changes in engine noise. Responses by mammals could 
include hasty dives or turns, change in course, or flushing and 
stampeding from a haul out site. There are few well documented studies 
of the impacts of aircraft overflight over pinniped haul out sites or 
rookeries, and many of those that exist, are specific to military 
activities (Efroymson et al., 2001).
    Several factors complicate the analysis of long- and short-term 
effects for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAELs) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and harbor seals observed on 
San Miguel Island, CA; animals responded to some degree by moving 
within the haul out and entering into the water, stampeding into the 
water, or clearing the haul out completely. Both species always 
responded with the raising of their heads. California sea lions 
appeared to react more to the visual cue of the helicopter than the 
noise.
    If pinnipeds are present on NWSR, it is likely that a helicopter 
landing at the Station would cause some number of the pinnipeds on NWSR 
to flush; however, when present, they appear to show rapid habituation 
to helicopter landing and departure (Crescent Coastal Research, 2001; 
Guy Towers, SGRLPS, pers. com.). According to the CCR Report (2001), 
while up to 40 percent of the California and Steller sea lions present 
on the rock have been observed to enter the water on the first of a 
series of helicopter landings, as few as zero percent have flushed on 
subsequent landings on the same date. In fact, the Society reported 
that during the November 2011 work session, Steller sea lions and 
California sea lions exhibited minimal ingress and egress from 
Northwest Seal Rock during helicopter approaches and departures 
(SGRLPS, 2011).
    If pinnipeds are present on NWSR, Level B behavioral harassment of 
pinnipeds may occur during helicopter landing and takeoff from NWSR due 
to the pinnipeds temporarily moving from the rocks and lower structure 
of the Station into the sea due to the noise and appearance of 
helicopter during approaches and departures. It is expected that all or 
a portion of the marine mammals hauled out on the island will depart 
the rock and move into the water upon initial helicopter approaches. 
The movement to the water is expected to be gradual due to the required 
controlled helicopter approaches (see Proposed Mitigation section), the 
small size of the aircraft, the use of noise-attenuating blade tip caps 
on the rotors, and behavioral habituation on the part of the animals as 
helicopter trips continue throughout the day. During the sessions of 
helicopter activity, if present on NWSR, some animals may be 
temporarily displaced from the island and either raft in the water or 
relocate to other haul-outs.
    Sea lions have shown habituation to helicopter flights within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrival/departures within a short time period, animals are expected to 
show less response to subsequent landings. No impact on the population 
size or breeding stock of Steller sea lions, California sea lions, 
Pacific harbor seals, or northern fur seals is expected to occur.
    Restoration and maintenance activities would involve the removal of 
peeling paint and plaster, restoration of interior plaster and paint, 
refurbishing

[[Page 1845]]

structural and decorative metal, reworking original metal support beams 
throughout the lantern room and elsewhere, replacing glass as 
necessary, upgrading the present electrical system; and annual light 
beacon maintenance. Any noise associated with these activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills) and the pinnipeds may be disturbed by human presence. 
Animals respond to disturbance from humans in the same way as they 
respond to the risk of predation, by avoiding areas of high risk, 
either completely or by using them for limited periods (Gill et al., 
1996).

Mortality

    Sudden movement of large numbers of animals may cause a stampede. 
In order to prevent such stampedes from occurring within the sea lion 
colony, certain mitigation requirements and restrictions, such as 
controlled helicopter approaches and limited access period during the 
pupping season, will be imposed should an IHA be issued. As such, and 
because any pinnipeds nearby likely would avoid the approaching 
helicopter, the Society anticipates that there will be no instances of 
injury or mortality during the proposed project.

Anticipated Effects on Habitat

    We expect that there will be no long- or short-term physical 
impacts to pinniped habitat on NWSR. The Society proposes to confine 
all restoration activities to the existing structure which would occur 
on the upper levels of the Station which are not used by marine 
mammals. The Society would remove all waste, discarded materials and 
equipment from the island after each visit. The proposed activities 
will not result in any permanent impact on habitats used by marine 
mammals, including the food sources they use. The main impact 
associated with the proposed activity will be temporarily elevated 
noise levels and the associated direct effects on marine mammals, 
previously discussed in this notice.

Proposed Mitigation

    In order to issue an incidental take authorization (ITA) under 
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible 
methods of taking pursuant to such activity, and other means of 
effecting the least practicable adverse impact on such species or stock 
and its habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance, and the availability of 
such species or stock for taking for certain subsistence uses.
    As a way to reduce or minimize adverse impacts that would result 
from the proposed project to the lowest level practicable, we propose 
that the following mitigation measures would be required.
    Time and Frequency: Lighthouse restoration activities are to be 
conducted at maximum of once per month between February 1, 2013, 
through April 30, 2013, or between November 1, 2013, through December 
31, 2013. Each restoration session will last no more than three days. 
Maintenance of the light beacon will occur only in conjunction with 
restoration activities.
    Helicopter Approach and Timing Techniques: The Society shall ensure 
that helicopter approach patterns to the lighthouse will be such that 
the timing techniques are least disturbing to marine mammals. To the 
extent possible, the helicopter should approach NWSR when the tide is 
too high for the marine mammals to haul-out on NWSR.
    Since the most severe impacts (stampede) are precipitated by rapid 
and direct helicopter approaches, initial approach to the Station must 
be offshore from the island at a relatively high altitude (e.g., 800-
1,000 ft, or 244-305 m). Before the final approach, the helicopter 
shall circle lower, and approach from area where the density of 
pinnipeds is the lowest. If for any safety reasons (e.g., wind 
condition) such helicopter approach and timing techniques cannot be 
achieved, the Society must abort the restoration and maintenance 
activities for that day.
    Avoidance of Visual and Acoustic Contact with People on Island: The 
Society members and restoration crews shall be instructed to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the lighthouse. Although no impacts from 
these activities were seen during the 2001 CCR study, it is relatively 
simple to avoid this potential impact. The door to the lower platform 
(which is used at times by pinnipeds) shall remain closed and 
barricaded to all tourists and other personnel.

Mitigation Conclusions

    We have carefully evaluated the proposed mitigation measures in the 
context of ensuring that NMFS prescribes the means of effecting the 
least practicable impact on the affected marine mammal species and 
stocks and their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Based on our evaluation of the proposed measures, we have 
preliminarily determined that the proposed 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.

Summary of Previous Monitoring

    The Society complied with the mitigation and monitoring required 
under the previous authorizations (2010-2012). In compliance with the 
2012 IHA, the Society submitted a final report on the activities at the 
Station, covering the period of February 15, 2012 through April 30, 
2012. During the effective dates of the 2012 IHA, the Society conducted 
one work session in March, 2012. The Society's aircraft operations and 
restoration activities on NWSR did not exceed the activity levels 
analyzed under the 2012 authorization. During the March 2012 work 
session, the Society observed two harbor seals hauled out on Northwest 
Seal Rock. Both animals (a juvenile and an adult) departed the rock, 
entered the water, and did not return to the Station during the 
duration of the activities.

Proposed Monitoring

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that we must set forth ``requirements pertaining to the 
monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for IHAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present.
    At least once during the period between February 22, 2013, through 
April 30, 2013, or during the period of November 1, 2013, through 
December 31, 2013 a qualified biologist shall be present during all 
three workdays at the

[[Page 1846]]

Station. The biologist hired will be subject to approval by us.
    The qualified biologist shall document use of the island by the 
pinnipeds, frequency, (i.e., dates, time, tidal height, species, 
numbers present, and any disturbances), and note any responses to 
potential disturbances. In the event of any observed Steller sea lion 
injury, mortality, or the presence of newborn pup, the Society will 
notify the NMFS SWRO Administrator and the NMFS Director of Office of 
Protected Resources immediately.
    Aerial photographic surveys may provide the most accurate means of 
documenting species composition, age and sex class of pinnipeds using 
the project site during human activity periods. Aerial photo coverage 
of the island shall be completed from the same helicopter used to 
transport the Society's personnel to the island during restoration 
trips. Photographs of all marine mammals hauled out on the island shall 
be taken at an altitude greater than 300 m (984 ft) by a skilled 
photographer, prior to the first landing on each visit included in the 
monitoring program. Photographic documentation of marine mammals 
present at the end of each three-day work session shall also be made 
for a before and after comparison. These photographs will be forwarded 
to a biologist capable of discerning marine mammal species. Data shall 
be provided to us in the form of a report with a data table, any other 
significant observations related to marine mammals, and a report of 
restoration activities (see Reporting). The original photographs can be 
made available to us or other marine mammal experts for inspection and 
further analysis.

Proposed Reporting

    The Society's personnel will record data to document the number of 
marine mammals exposed to helicopter noise and to document apparent 
disturbance reactions or lack thereof. The Society and NMFS will use 
the data to estimate numbers of animals potentially taken by Level B 
harassment.

Interim Monitoring Report

    The Society will submit interim monitoring reports to the NMFS SWRO 
Administrator and the NMFS Director of Office of Protected Resources no 
later than 30 days after the conclusion of each monthly session. The 
interim report will describe the operations that were conducted and 
sightings of marine mammals near the proposed project. The report will 
provide full documentation of methods, results, and interpretation 
pertaining to all monitoring.
    Each interim report will provide:
    (i) A summary and table of the dates, times, and weather during all 
helicopter operations, and restoration and maintenance activities.
    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to acoustic stimuli associated with the 
helicopter operations, restoration and maintenance activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.

Final Monitoring Report

    In addition to the interim reports, the Society will submit a draft 
Final Monitoring Report to us no later than 90 days after the project 
is completed to the Regional Administrator and the Director of Office 
of Protected Resources at NMFS Headquarters. Within 30 days after 
receiving comments from us on the draft Final Monitoring Report, the 
Society must submit a Final Monitoring Report to the Regional 
Administrator and the NMFS Director of Office of Protected Resources. 
If the Society receives no comments from us on the draft Final 
Monitoring Report, the draft Final Monitoring Report will be considered 
to be the Final Monitoring Report.
    The final report will provide:
    (i) A summary and table of the dates, times, and weather during all 
helicopter operations, and restoration and maintenance activities.
    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to acoustic stimuli associated with the 
helicopter operations, restoration and maintenance activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury or 
mortality (e.g., stampede), the Society shall immediately cease the 
specified activities and immediately report the incident to the Chief 
of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and/or by email to 
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest 
Regional Stranding Coordinator at 562-980-3230 (Sarah.Wilkin@noaa.gov). 
The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities will not resume until we are able to review the 
circumstances of the prohibited take. We will work with the Society to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The Society may not resume 
their activities until notified by us via letter, email, or telephone.
    In the event that the Society discovers an injured or dead marine 
mammal, and the biologist (if present) determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as described in the next 
paragraph), the Society will immediately report the incident to the 
Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and/or by email to 
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest 
Regional Stranding Coordinator at 562-980-3230 (Sarah.Wilkin@noaa.gov). 
The report must include the same information identified in the 
paragraph above. Activities may continue while NMFS reviews the 
circumstances of the incident. We will work with the Society to 
determine whether modifications in the activities are appropriate.
    In the event that the Society discovers an injured or dead marine 
mammal, and the lead biologist (if present) determines that the injury 
or death is not associated with or related to the activities authorized 
in the IHA (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), the Society will report 
the incident to the Chief of the Permits and Conservation Division, 
Office of Protected Resources, NMFS, at

[[Page 1847]]

301-427-8401 and/or by email to Michael.Payne@noaa.gov and 
ITP.Cody@noaa.gov and to the Southwest Regional Stranding Coordinator 
at 562-980-3230 (Sarah.Wilkin@noaa.gov), within 24 hours of the 
discovery. The Society will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
NMFS.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as:

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

    Only take by Level B harassment is anticipated and authorized as a 
result of the helicopter operations and restoration and maintenance 
activities on NWSR.
    Based on pinniped survey counts conducted by CCR on NWSR in the 
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), we estimate that 
approximately 204 California sea lions (calculated by multiplying the 
average monthly abundance of California sea lions (zero in April 1997 
and 34 in April 1998) present on NWSR by 6 months of the proposed 
restoration and maintenance activities); 172 Steller sea lions (our 
estimate of the maximum number of Steller sea lions that could be 
present on NWSR with a 95-percent confidence interval); 36 Pacific 
harbor seals (calculated by multiplying the maximum number of harbor 
seals present on NWSR (6) by 6 months); and 6 northern fur seals 
(calculated by multiplying the maximum number of northern fur seals 
present on NWSR (1) by 6 months) could be potentially affected by Level 
B behavioral harassment over the course of the proposed IHA. Estimates 
of the numbers of marine mammals that might be affected are based on 
consideration of the number of marine mammals that could be disturbed 
appreciably by approximately 51 hrs of aircraft operations during the 
course of the proposed activity. These incidental harassment take 
numbers represent approximately 0.14 percent of the U.S. stock of 
California sea lion, 0.42 percent of the eastern U.S. stock of Steller 
sea lion, 0.11 percent of the California stock of Pacific harbor seals, 
and 0.06 percent of the San Miguel Island stock of northern fur seal. 
Because of the required mitigation measures and the likelihood that 
some pinnipeds will avoid the area, no injury or mortality to pinnipeds 
is expected nor requested.

Negligible Impact and Small Numbers Analyses and Determinations

    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 mortalities;
    (2) The number and nature of anticipated injuries;
    (3) The number, nature, and intensity, and duration of Level B 
harassment; and
    (4) The context in which the takes occur.
    As mentioned previously, we estimate that up to four species of 
marine mammals could be potentially affected by Level B harassment over 
the course of the IHA.
    No takes by Level A harassment, serious injury, or mortality are 
anticipated to occur as a result of the Society's proposed activities, 
and none are authorized. Only short-term behavioral disturbance is 
anticipated to occur due to the brief and sporadic duration of the 
proposed activities; the availability of alternate areas near NWSR for 
marine mammals to avoid the resultant acoustic disturbance; and limited 
access to NWSR during the pupping season. Due to the nature, degree, 
and context of the behavioral harassment anticipated, the activities 
are not expected to impact rates of recruitment or survival.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, we preliminarily find that the taking by Level b harassment 
from the Society's planned helicopter operations and restoration/
maintenance activities, would have a negligible impact on the affected 
species or stocks of marine mammals.
    We also preliminarily find that the taking would be limited to 
small numbers of marine mammals, relative to the population sizes of 
the affected species or stocks (i.e., for each species, these numbers 
are less than one percent).
Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses
    There are no relevant subsistence uses of marine mammals implicated 
by this action.

Endangered Species Act (ESA)

    The Steller sea lion, eastern Distinct Population Segment (DPS) is 
listed as threatened under the ESA and occurs in the planned action 
area. NMFS Headquarters' Office of Protected Resources, Permits, 
Conservation, and Education Division conducted a formal section 7 
consultation under the ESA with the Southwest Region, NMFS. On January 
27, 2010, the Southwest Region issued a BiOp and concluded that the 
issuance of IHAs are likely to adversely affect, but not likely to 
jeopardize the continued existence of Steller sea lions. NMFS has 
designated critical habitat for the eastern Distinct Population Segment 
of Steller sea lions in California at A[ntilde]o Nuevo Island, 
Southeast Farallon Island, Sugarloaf Island and Cape Mendocino, 
California pursuant to section 4 of the ESA (see 50 CFR 226.202(b)). 
Northwest Seal Rock is neither within nor nearby these designated 
areas. Finally, the BiOp included an ITS for Steller sea lions. The ITS 
contains reasonable and prudent measures implemented by terms and 
conditions to minimize the effects of this take.
    We have again reviewed the 2010 BiOp and determined that there is 
no new information regarding effects to Stellar sea lions; the action 
has not been modified in a manner which would cause adverse effects not 
previously evaluated; there has been no new listing of species or 
designation of critical habitat that could be affected by the action; 
and, the action will not exceed the extent or amount of incidental take 
authorized in the ITS. Therefore, the proposed 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 IHA to the 
Society, we have prepared an Environmental Assessment (EA) in 2010 that 
was specific to conducting aircraft operations and restoration and 
maintenance work on the St. George Reef Light Station. The EA, titled 
``Issuance of an Incidental Harassment Authorization to Take Marine 
Mammals by Harassment Incidental to Conducting Aircraft Operations, 
Lighthouse Restoration and Maintenance Activities on St. George Reef 
Lighthouse Station in

[[Page 1848]]

Del Norte County, California,'' evaluated the impacts on the human 
environment of our authorization of incidental Level B harassment 
resulting from the specified activity in the specified geographic 
region. At that time, we concluded that issuance of an IHA November 1 
through April 30, annually would not significantly affect the quality 
of the human environment and issued a Finding of No Significant Impact 
(FONSI) for the 2010 EA regarding the Society's activities. In 
conjunction with the Society's 2012 application, we have again reviewed 
the 2010 EA and determined that there are no new direct, indirect or 
cumulative impacts to the human and natural environment associated with 
the IHA requiring evaluation in a supplemental EA and we, therefore, 
intend to preliminarily reaffirm the 2010 FONSI. An electronic copy of 
the EA and the FONSI for this activity is available upon request (see 
ADDRESSES).

Helen M. Golde,
Acting Office Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2013-00202 Filed 1-8-13; 8:45 am]
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