Takes of Marine Mammals Incidental to Specified Activities; Seabird and Pinniped Research Activities in Central California, 2013-2014, 66686-66695 [2013-26596]
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66686
Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices
England Fishery Management Council,
the Mid-Atlantic Fishery Management
Council, the South Atlantic Fishery
Management Council, the Gulf of
Mexico Fishery Management Council,
and the Caribbean Fishery Management
Council. The HMS AP also includes 22
ex-officio participants: 20
representatives of the coastal states and
two representatives of the interstate
commissions (the Atlantic States Marine
Fisheries Commission and the Gulf
States Marine Fisheries Commission).
NMFS will provide the necessary
administrative support, including
technical assistance, for the HMS AP.
However, NMFS will not compensate
participants with monetary support of
any kind. Depending on availability of
funds, members may be reimbursed for
travel costs related to the HMS AP
meetings.
C. Meeting Schedule
Meetings of the HMS AP will be held
as frequently as necessary but are
routinely held twice each year—once in
the spring, and once in the fall. The
meetings may be held in conjunction
with public hearings.
Dated: November 1, 2013.
James P. Burgess,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2013–26600 Filed 11–5–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC837
Takes of Marine Mammals Incidental to
Specified Activities; Seabird and
Pinniped Research Activities in Central
California, 2013–2014
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments.
AGENCY:
We, NMFS, have received an
application from Point Blue
Conservation Science (Point Blue,
formerly PRBO Conservation Science),
requesting an Incidental Harassment
Authorization (Authorization) to take
marine mammals, by harassment,
incidental to conducting proposed
seabird and pinniped research activities
˜
on Southeast Farallon Island, Ano
Nuevo Island, and Point Reyes National
Seashore in central California from
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SUMMARY:
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December 2013 through December 2014.
Per the Marine Mammal Protection Act,
we are requesting comments on our
proposal to issue an Authorization to
Point Blue to incidentally harass, by
Level B harassment only, four species of
marine mammals during the year-long
research project.
DATES: We must receive comments and
information no later than December 5,
2013.
ADDRESSES: Address your comments on
the application 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. The mailbox address for
providing email comments is ITP.Cody@
noaa.gov. Please include 0648–XC837 in
the subject line. We are not responsible
for email comments sent to addresses
other than the one provided here.
Comments sent via email, including all
attachments, must not exceed a 10megabyte file size.
All comments received are a part of
the public record and we will generally
post them 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, write to the previously
mentioned address, telephone the
contact listed here (see FOR FURTHER
INFORMATION CONTACT) or access the
documents on our Web page at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
We will prepare a separate NEPA
analysis to evaluate the environmental
effects related to the scope of our federal
action, which is the proposed issuance
of an Authorization to Point Blue for
their proposed seabird and pinniped
research activities. This notice presents
detailed information on the scope of our
federal action under NEPA (i.e., the
proposed Authorization including
mitigation measures and monitoring)
and we will consider comments
submitted in response to this notice as
we prepare our NEPA analysis.
The public can view documents cited
in this notice by appointment, during
regular business hours, at the previously
mentioned address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION: Section
101(a)(5)(D) of the Marine Mammal
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Protection Act (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.
We shall allow 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 (i.e., mitigation); and
requirements pertaining to the
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 MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take 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 authorization
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].
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Summary of Request
We received an application on July
17, 2013, from Point Blue 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
Reyes National Seashore in central
California. Point Blue, along with
partners Oikonos Ecosystem Knowledge
and Point Reyes National Seashore, plan
to conduct the proposed activities for
one year. These partners are conducting
this research under cooperative
agreements with the U.S. Fish and
Wildlife Service in consultation with
the Gulf of the Farallones National
Marine Sanctuary. We determined the
application complete and adequate on
August 27, 2013.
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, 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 shortterm 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. Point
Blue has requested an authorization to
take 5,390 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 five 1-year
Incidental Harassment Authorizations to
Point Blue (formerly known as PRBO
Conservation Science) for the conduct of
the same activities from 2007 to 2013.
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The current Authorization expires on
December 5, 2013 (77 FR 73989,
December 7, 2012). This is the
organization’s sixth request for an
Authorization and they will submit a
monitoring report to us no later than 90
days after the expiration of the current
Authorization.
Description of the Specified Geographic
Region
The proposed action area consists of
the following three locations in the
northeast Pacific Ocean:
South Farallones Islands
The South Farallon Islands consist of
Southeast Farallon Island located at
37°41′54.32″ N; 123°0′8.33″ W and West
End Island. These two islands are
directly adjacent to each other and
separated by only a 30-foot (ft) (9.1
meter (m)) channel. The South Farallon
Islands have a land area of
approximately 120 acres (0.49 square
kilometers (km)) and are part of the
Farallon National Wildlife Refuge. The
islands are located near the edge of the
continental shelf 28 miles (mi) (45.1 km)
west of San Francisco, CA, and lie
within the waters of the Gulf of the
Farallones National Marine Sanctuary.
˜
Ano Nuevo Island
˜
Ano Nuevo Island located at
37°6′29.25″ N; 122°20′12.20″ W is one˜
quarter mile (402 m) offshore of Ano
Nuevo Point in San Mateo County, CA.
This small 25-acre (0.1 square km)
˜
island is part of the Ano Nuevo State
Reserve, all of which is owned and
operated by California State Parks. The
Island lies within the Monterey Bay
˜
National Marine Sanctuary and the Ano
Nuevo State Marine Conservation Area.
Point Reyes National Seashore
Point Reyes National Seashore located
is approximately 40 miles (64.3 km)
north of San Francisco Bay and also lies
within the Gulf of the Farallones
National Marine Sanctuary. The
proposed research areas (Life Boat
Station, Drakes Beach, and Point Bonita)
are within the headland coastal areas of
the National Park.
Description of the Specified Activity
Seabird Research on Southeast Farallon
Island
Point Blue proposes to conduct: (1)
Daily observations of seabird colonies at
a maximum frequency of three 15minute visits per day; and (2) conduct
daily observations of breeding common
murres (Uria aalge) at a maximum
frequency of one, 5-hour visit per day
between September 2013, and
September 2014. These activities
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usually involve one or two observers
conducting daily censuses of seabirds or
conducting mark/recapture studies of
breeding seabirds on Southeast Farallon
Island. The researchers plan to access
the island’s two landing areas, the North
Landing and the East Landing, by 14 to
18 ft (4.3 to 5.5 m) open motorboats
which are hoisted onto the island using
a derrick system and then travel by foot
to coastal areas of the island to view
breeding seabirds from behind an
observation blind.
The potential for incidental take
related to the mark/recapture studies is
very low as these activities are
conducted within the interior of the
island away from the intertidal areas
where the pinnipeds haul out. Most
potential for incidental take would
occur when the researchers approach or
depart the intertidal area by motorboat
or when the researchers walk within 50
ft (15.2 m) of the haulout areas to enter
the observation blinds to observe
shorebirds.
Field Station Resupply on Southeast
Farallon Island
Point Blue proposes to resupply the
field station once every two weeks at a
maximum frequency of 26 visits.
Resupply activities involve personnel
approaching either the North Landing or
East Landing by motorboat. At East
Landing—the primary landing site—all
personnel assisting with the landing
would stay on the loading platform
approximately 30 ft (9.1 m) above the
water. At North Landing, loading
operations would occur at the water
level in the intertidal areas. Most
potential for incidental take would
occur when the researchers approach
the area by motorboat or when the
researchers load or unload supplies
onshore.
˜
Seabird Research on Ano Nuevo Island
Point Blue and its partners propose to
monitor seabird burrow nesting habitat
quality and to conduct habitat
restoration at a maximum frequency of
20 visits per year. This activity involves
two to three researchers accessing the
north side of the island by a 12 ft (3.7
m) Zodiac boat. Once onshore, the
researchers will check subterranean nest
boxes and restore any nesting habitat for
approximately 15 minutes.
Most potential for incidental take
would occur at the landing beach on the
north side of the island when the
researchers arrive and depart to check
the boxes. Non-breeding pinnipeds may
occasionally be present, including
California sea lions that may be hauled
out near a small group of subterranean
seabird nest boxes on the island terrace.
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In both locations researchers are located
more than 50 ft (15.2 m) away from any
pinnipeds which may be hauled out.
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Seabird Research on Point Reyes
National Seashore
The National Park Service in
collaboration with Point Blue monitors
seabird breeding and roosting colonies;
conducts habitat restoration; removes
non-native plants; monitors intertidal
areas; maintains coastal dune habitat.
Seabird monitoring usually involves one
or two observers conducting the survey
by small boats (12 to 22 ft; 3.6 to 6.7 m)
along the Point Reyes National Seashore
shoreline. Researchers would visit the
site at a maximum frequency of 20 times
per year, with an emphasis on
increasing monitoring during the
nesting season. Researchers would
conduct occasional, intermittent visits
during the rest of the year.
A majority of the research occurs in
areas where marine mammals are not
present. However, the potential for
incidental harassment will occur at the
landing beaches along Point Reyes
Headland, boat ramps, or parking lots
where northern elephant seals, harbor
seals, or California sea lions may be
hauled out in the vicinity.
Pinniped Research on West End Island
Pinniped research activities involve
surveying breeding northern elephant
seals on West End Island between early
December and late February. At least
three researchers would visit the site at
a maximum frequency of five times per
year. To conduct the census, the
researchers would travel by foot
approximately 1,500 ft (457.2 m) above
the site to conduct the census.
Historically, a few juvenile Steller sea
lions may haul out on a spit of rocks
called Shell Beach Rocks below the
transit path to the northern elephant
seal haul out. Thus, the potential for
incidental harassment of Steller sea
lions may occur when the researchers
transit above Shell Beach Rocks.
We expect that acoustic and visual
stimuli resulting from the proposed
motorboat operations and human
presence has the potential to harass
marine mammals. We also expect that
these disturbances would be temporary
and result, at worst, in a temporary
modification in behavior and/or lowlevel physiological effects (Level B
harassment) of certain species of marine
mammals.
Description of the Marine Mammals in
the Area of the Proposed Specified
Activity
The marine mammals most likely to
be harassed incidental to conducting
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seabird and pinniped research at the
proposed research areas on Southeast
˜
Farallon Island, Ano Nuevo Island, and
Point Reyes National Seashore are
primarily California sea lions, northern
elephant seals, Pacific harbor seals, and
to a lesser extent the eastern distinct
population segment (DPS) of the Steller
sea lion, which NMFS has removed
from the list of threatened species under
the U.S. Endangered Species Act of
1973 (ESA; 16 U.S.C. 1531 et seq.),
effective November, 2013.
We refer the public to Carretta et al.,
(2013) for general information on these
species which we present below this
section. The publication is available at:
https://www.nmfs.noaa.gov/pr/sars/pdf/
po2012.pdf.
Northern Elephant Seal
Northern elephant 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
Breeding Stock is approximately
124,000 animals and the maximum
population growth rate is 11.7 percent
(Carretta et al., 2013).
Northern elephant seals range in the
eastern and central North Pacific Ocean,
from as far north as Alaska and as far
south as Mexico. Northern elephant
seals spend much of the year, generally
about nine months, in the ocean. They
are usually underwater, diving to depths
of about 1,000 to 2,500 ft (330–800 m)
for 20- to 30-minute intervals with only
short breaks at the surface. They are
rarely seen out at sea for this reason.
While on land, they prefer sandy
beaches.
Northern elephant seals breed and
give birth in California (U.S.) and Baja
California (Mexico), primarily on
offshore islands (Stewart et al., 1994),
from December to March (Stewart and
Huber, 1993). Males feed near the
eastern Aleutian Islands and in the Gulf
of Alaska, and females feed further
south, south of 45° N. (Stewart and
Huber, 1993; Le Boeuf et al., 1993).
Adults return to land between March
and August to molt, with males
returning later than females. Adults
return to their feeding areas again
between their spring/summer molting
and their winter breeding seasons.
At Point Reyes, the population ranges
from 1,500 and 2,000 animals (NPS,
2013a). Adult northern elephant seals
visit Point Reyes twice a year (NPS,
2013a). They arrive in early winter from
their feeding grounds off Alaska and the
largest congregations occur in the
winter, when the females arrive to
deliver their pups and nurse them, and
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in spring when immature seals and
adult females return to molt. During the
time they are onshore they are fasting
(NPS, 2013b).
At Southeast Farallon, the population
consists of approximately 500 animals
(FNMS, 2013). Northern elephant seals
began recolonizing the South Farallon
Islands in the early 1970s (Stewart et al.,
1994) at which time the colony grew
rapidly. In 1983 a record 475 pups were
born on the South Farallones (Stewart et
al., 1994). Since then, the size of the
South Farallones colony has declined,
stabilizing in the early 2000s and then
declining further over the past six years
(USFWS, 2013). In 2012, a total of 90
cows were counted on the South
Farallones, and 60 pups were weaned
(USFWS, 2013). Point Blue’s average
monthly counts from 2000 to 2009
ranged from 20 individuals in July to
nearly 500 individuals in November
(USFWS, 2013).
Northern elephant seals are present
on the islands and in the waters
surrounding the South Farallones yearround for either breeding or molting;
however, they are more abundant
during breeding and peak molting
seasons (Le Boeuf and Laws 1994,
Sydeman and Allen, 1997). They live
and feed in deep, offshore waters the
remainder of the year.
In mid-December, adult males begin
arriving on the South Farallones, closely
followed by pregnant females on the
verge of giving birth. Females give birth
to a single pup, generally in late
December or January (Le Boeuf and
Laws, 1994) and nurse their pups for
approximately four weeks (Reiter et al.,
1978). Upon pup weaning, females mate
with an adult male and then depart the
islands. The last adult breeders depart
the islands in mid-March. The spring
peak of elephant seals on the rookery
occurs in April, when females and
immature seals (approximately one to
four years old) arrive at the colony to
molt (a one month process) (USFWS,
2013). The year’s new pups remain on
the island throughout both of these
peaks, generally leaving by the end of
April (USFWS, 2013).
The lowest numbers of elephant seals
present on the rookery occurs during
June, July, and August, when sub-adult
and adult males molt. Another peak of
young seals return to the rookery for a
haul-out period in October, and at that
time some individuals undergo partial
˜
molt (Le Boeuf and Laws, 1994). At Ano
Nuevo Island the population ranges
from 900 to 1,000 adults.
Observers first sighted elephant seals
˜
on Ano Nuevo Island in 1955 and today
the population ranges from 900 to 1,000
adults (M. Lowry, unpubl. data). Males
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began to haul out on the mainland in
1965. California State Park reports that
by 1988/1989, approximately 2,000
˜
elephant seals came ashore to Ano
Nuevo (CSP, 2012).
California Sea Lion
California sea lions 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
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., 2012).
California sea lion breeding areas are
on islands located in southern
California, in western Baja California,
Mexico, and the Gulf of California.
During the breeding season, most
California sea lions inhabit southern
California and Mexico. Rookery sites in
southern California are limited to the
San Miguel Islands and the southerly
Channel Islands of San Nicolas, Santa
Barbara, and San Clemente (Carretta et.
al., 2012). Males establish breeding
territories during May through July on
both land and in the water. Females
come ashore in mid-May and June
where they give birth to a single pup
approximately four to five days after
arrival and will nurse pups for about a
week before going on their first feeding
trip. Females will alternate feeding trips
with nursing bouts until the pup is
weaned between four and 10 months of
age (NMML, 2010).
Adult and juvenile males will migrate
as far north as British Columbia, Canada
while females and pups remain in
southern California waters in the nonbreeding season. In warm water (El
˜
Nino) years, some females are found as
far north as Washington and Oregon,
presumably following prey.
The U.S. stock of California sea lion
is the only stock present in the proposed
research area and in recent years,
California sea lions have begun to breed
annually in small numbers at Southeast
˜
Farallon and Ano Nuevo Islands.
On the Farallon Islands, California sea
lions haul out in many intertidal areas
year round, fluctuating from several
hundred to several thousand animals.
California sea lions at Point Reyes
National Seashore haul out at only a few
locations, but will occur on human
structures such as boat ramps. The
annual population averages around 300
to 500 during the fall through spring
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months, although on occasion, several
thousand sea lions can arrive depending
upon local prey resources (S. Allen,
˜
unpublished data). On Ano Nuevo
Island, California sea lions may haulout
at one of eight beach areas on the
perimeter of the island (see Figure 2 in
the Application). The island’s average
population ranges from 4,000 to 9,500
animals (M. Lowry, unpublished data).
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 26,667 animals (Carretta
et. al., 2012).
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.
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.
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). On the Farallon Islands,
approximately 40 to 120 Pacific harbor
seals haul out in the intertidal areas
(Point Blue unpublished data). Harbor
seals at Point Reyes National Seashore
haul out at nine locations with an
annual population of up to 4,000
animals (M. Lowry, unpublished data).
˜
On Ano Nuevo Island, harbor seals may
haulout at one of eight beach areas on
the perimeter of the island (see Figure
2 in Point Blue’s Application) and the
island’s average population ranges from
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66689
100 to 150 animals (M. Lowry,
unpublished data).
Steller Sea Lion
Steller sea lions consist of two
distinct population segments: the
western and eastern distinct population
segments divided at 144° West
longitude (Cape Suckling, Alaska). On
October 23, 2013 NMFS found that the
eastern distinct population segment of
Steller sea lions has recovered. As a
result of the finding, NMFS removed
them from the list of threatened species
under the ESA. The eastern distinct
population segment is depleted under
the MMPA.
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.
In 2012, the estimated population of
the eastern distinct population segment
ranged from a minimum of 52,847 up to
72,223 animals and the maximum
population growth rate is 12.1 percent
(Allen and Angliss, 2012).
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
California and new rookeries
established in southeastern Alaska
(Pitcher et al., 2007).
The current population of Steller sea
lions in the proposed research area is
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estimated to number between 50 and
750 animals. Overall, counts of nonpups at trend sites in California and
Oregon have been relatively stable or
increasing slowly since the 1980s (Allen
and Angliss, 2012).
Point Blue estimates that between 50
and 150 Steller sea lions live on the
Farallon Islands. On Southeast Farallon
Island, the abundance of females
declined an average of 3.6 percent per
year from 1974 to 1997 (Sydeman and
Allen, 1999).
The National Marine Fisheries
Service’s Southwest Fisheries Science
Center estimates between 400 and 600
˜
live on Ano Nuevo Island (Point Blue
unpublished data, 2008; Southwest
Fisheries Science Center unpublished
˜
data, 2008). At Ano Nuevo Island off
central California, a steady decline in
ground counts started around 1970, and
there was an 85 percent reduction in the
breeding population by 1987 (LeBoeuf
et al., 1991)
˜
Pup counts at Ano Nuevo Island
declined five percent annually through
the 1990s (NOAA Stock Assessment,
2003), and have apparently stabilized
between 2001 and 2005 (M. Lowry,
SWFSC unpublished data). In 2000, the
combined pup estimate for both islands
was 349. In 2005, the pup estimate was
204 on the Island. Pup counts on the
Farallon Islands have generally varied
from five to 15 (Hastings and Sydeman,
2002; Point Blue unpublished data).
Pups have not been born at Point Reyes
Headland since the 1970s and Steller
sea lions are seen in very low numbers
there currently (S. Allen, unpublished
data).
mstockstill on DSK4VPTVN1PROD with NOTICES
Other Marine Mammals in the Proposed
Action Area
California (southern) sea otters
(Enhydra lutris nereis), listed as
threatened under the Endangered
Species Act and categorized as depleted
under the Marine Mammal Protection
Act, usually range in coastal waters
within two km of shore. Point Blue has
not encountered California sea otters on
˜
Southeast Farallon Island, Ano Nuevo
Island, or Point Reyes National Seashore
during the course of seabird or pinniped
research activities over the past five
years. This species is managed by the
U.S. Fish and Wildlife Service and is
not considered further in this notice.
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated
by: (1) Motorboat operations; and (2) the
appearance of researchers may have the
potential to cause Level B harassment of
any pinnipeds hauled out on Southeast
˜
Farallon Island, Ano Nuevo Island, or
Point Reyes National Seashore. The
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effects of sounds from motorboat
operations and the appearance of
researchers might include hearing
impairment or behavioral disturbance
(Southall, et al., 2007).
Hearing Impairment
Marine mammals produce sounds in
various important contexts—social
interactions, foraging, navigating, and
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
(Southall et al., 2007).
Pinnipeds have the potential to be
disturbed by airborne and underwater
noise generated by the small boats
equipped with outboard engines
(Richardson, Greene, Malme, and
Thomson, 1995). However, there is a
dearth of information on acoustic effects
of motorboats on pinniped hearing and
communication and to our knowledge
there has been no specific
documentation of hearing impairment
in free-ranging pinnipeds exposed to
small motorboats during realistic field
conditions.
Behavioral Disturbance
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).
Disturbance includes a variety of effects,
including subtle to conspicuous changes
in behavior, movement, and
displacement. Reactions to sound, if
any, depend on species, state of
maturity, experience, current activity,
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Fmt 4703
Sfmt 4703
reproductive state, time of day, and
many other factors (Richardson et al.,
1995; Wartzok et al., 2004; Southall et
al., 2007; Weilgart, 2007). If a sound
source displaces marine mammals from
an important feeding or breeding area
for a prolonged period, impacts on
individuals and populations could be
significant (e.g., Lusseau and Bejder,
2007; Weilgart, 2007).
Numerous studies have shown that
human activity can flush harbor seals
off haulout sites (Allen et al., 1984;
Calambokidis et al., 1991; Suryan and
Harvey, 1999; and 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). And 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).
In 1997, Henry and Hammil (2001)
conducted a study to measure the
impacts of small boats (i.e., kayaks,
canoes, motorboats and sailboats) on
´
harbor seal haulout behavior in Metis
Bay, Quebec, Canada. During that study,
the authors noted that the most frequent
disturbances (n=73) were caused by
lower speed, lingering kayaks and
canoes (33.3 percent) as opposed to
motorboats (27.8 percent) conducting
high speed passes. The seal’s flight
reactions could be linked to a surprise
factor by kayaks-canoes which approach
slowly, quietly and low on water
making them look like predators.
However, the authors note that once the
animals were disturbed, there did not
appear to be any significant lingering
effect on the recovery of numbers to
their pre-disturbance levels. In
conclusion, the study showed that boat
traffic at current levels has only a
temporary effect on the haulout
´
behavior of harbor seals in the Metis
Bay area.
In 2004, Johnson and AcevedoGutierrez (2007) evaluated the efficacy
of buffer zones for watercraft around
harbor seal haulout sites on Yellow
Island, Washington state. The authors
estimated the minimum distance
between the vessels and the haul-out
sites; categorized the vessel types; and
evaluated seal responses to the
disturbances. During the course of the
seven-weekend study, the authors
recorded 14 human-related disturbances
which were associated with stopped
powerboats and kayaks. During these
events, hauled out seals became
noticeably active and moved into the
water. The flushing occurred when
stopped kayaks and powerboats were at
distances as far as 453 and 1,217 ft (138
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06NON1
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and 371 m) respectively. The authors
note that the seals were unaffected by
passing powerboats, even those
approaching as close as 128 ft (39 m),
possibly indicating that the animals had
become tolerant of the brief presence of
the vessels and ignored them. The
authors reported that on average, the
seals quickly recovered from the
disturbances and returned to the
haulout site in less than or equal to 60
minutes. Seal numbers did not return to
pre-disturbance levels within 180
minutes of the disturbance less than one
quarter of the time observed. The study
concluded that the return of seal
numbers to pre-disturbance levels and
the relatively regular seasonal cycle in
abundance throughout the area counter
the idea that disturbances from
powerboats may result in site
abandonment (Johnson and AcevedoGutierrez, 2007).
As a general statement from the
available information, pinnipeds
exposed to intense (approximately 110
to 120 decibels re: 20 mPa) non-pulse
sounds often leave haulout areas and
seek refuge temporarily (minutes to a
few hours) in the water (Southall et al.,
2007). Based on the available data,
previous monitoring reports from Point
Blue, and studies described here, we
anticipate that any pinnipeds found in
the vicinity of the proposed project
could have short-term behavioral
reactions to the noise attributed to Point
Blue’s motorboat operations and human
presence related to the seabird and
pinniped research. We would expect the
pinnipeds to return to a haulout site
within 60 minutes of the disturbance
(Allen et al., 1985). The effects to
pinnipeds appear at the most, to
displace the animals temporarily from
their haul out sites and we do not
expect that the pinnipeds would
permanently abandon a haul-out site
during the conduct of the proposed
research. The maximum disturbance to
Steller sea lions would result in the
animals slowly flushing into the water
in response to presence of the
researchers.
Finally, no research activities would
occur on pinniped rookeries. Breeding
animals are concentrated in areas where
researchers would not visit. Therefore,
we do not expect mother and pup
separation or crushing of pups during
flushing.
The potential effects to marine
mammals described in this section of
the document do not take into
consideration the proposed monitoring
and mitigation measures described later
in this document (see the ‘‘Proposed
Mitigation’’ and ‘‘Proposed Monitoring
and Reporting’’ sections).
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Anticipated Effects on Habitat
We do not anticipate that the
proposed operations would result in any
temporary or permanent effects on the
habitats used by the marine mammals in
the proposed area, including the food
sources they use (i.e., fish and
invertebrates). While it is anticipated
that the specified activity may result in
marine mammals avoiding certain areas
due to temporary ensonification, this
impact to habitat is temporary and
reversible and was considered in further
detail earlier in this document, as
behavioral modification. 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 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.
Point Blue has based the mitigation
measures which they will implement
during the proposed research, on the
following: (1) Protocols used during
previous Point Blue seabird and
pinniped research activities as required
by our previous authorizations and
Incidental Take Statement for the
Biological Opinion for these activities;
(2) recommended best practices in
Richardson et al. (1995); and (3) the
Terms and Conditions of NMFS
Scientific Research Permit 17152–00.
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with the activities
Point Blue and/or its designees has
proposed to implement the following
mitigation measures for marine
mammals:
(1) Abide by the Terms and
Conditions of NMFS Scientific Research
Permit 17152–00.
˜
(2) Postpone beach landings on Ano
Nuevo Island until pinnipeds that may
be present on the beach have slowly
entered the water.
(3) Select a pathway of approach to
research sites that minimizes the
number of marine mammals harassed.
(4) Avoid visits to sites used by
pinnipeds for pupping.
(5) Monitor for offshore predators and
do not approach hauled out pinnipeds
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Fmt 4703
Sfmt 4703
66691
if great white sharks (Carcharodon
carcharias) or killer whales (Orcinas
orca). If Point Blue and/or its designees
see predators in the area, they must not
disturb the animals until the area is free
of predators.
(6) Keep voices hushed and bodies
low to the ground in the visual presence
of pinnipeds.
(7) Conduct seabird observations at
North Landing on Southeast Farallon
Island in an observation blind, shielded
from the view of hauled out pinnipeds.
(8) Crawl slowly to access seabird nest
˜
boxes on Ano Nuevo Island if pinnipeds
are within view.
(9) Coordinate research visits to
intertidal areas of Southeast Farallon
Island (to reduce potential take) and
˜
coordinate research goals for Ano Nuevo
Island to minimize the number of trips
to the island.
(10) Coordinate monitoring schedules
˜
on Ano Nuevo Island, so that areas near
any pinnipeds would be accessed only
once per visit.
(11) 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 have prescribed the
means of effecting the least practicable
adverse impact on the affected marine
mammal species and stocks and their
habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another:
(1) The manner in which, and the
degree to which, we expect that the
successful implementation of the
measure would minimize adverse
impacts to marine mammals;
(2) The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and
(3) The practicability of the measure
for applicant implementation.
Based on our evaluation of Point
Blue’s proposed measures, we have
preliminarily 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.
Proposed Monitoring
In order to issue an incidental take
authorization for an activity, section
101(a)(5)(D) of the Marine Mammal
Protection Act states that we must set
forth ‘‘requirements pertaining to the
monitoring and reporting of such
taking.’’ The Act’s implementing
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regulations at 50 CFR 216.104(a)(13)
indicate that requests for an
authorization must include the
suggested means of accomplishing the
necessary monitoring and reporting that
will result in increased knowledge of
the species and our expectations of the
level of taking or impacts on
populations of marine mammals present
in the action area.
As part of its 2013 application, Point
Blue proposes to sponsor marine
mammal monitoring during the present
project, in order to implement the
mitigation measures that require realtime monitoring, and to satisfy the
monitoring requirements of the
incidental harassment authorization.
The Point Blue 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.
Point Blue has complied with the
monitoring requirements under the
previous authorizations for the 2007
through 2013 seasons. The results from
previous Point Blue’s monitoring
reports support our findings that the
proposed mitigation measures, which
we also required under the 2007–2012
Authorizations provide the means of
effecting the least practicable adverse
impact on the species or stock.
Point Blue will submit a monitoring
report on the December 6, 2012 through
December 5, 2013 research period by
January, 2014. Upon receipt and review,
we will post this annual report on our
Web site at https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
mstockstill on DSK4VPTVN1PROD with NOTICES
Proposed Reporting
Point Blue will submit a final
monitoring report to us no later than 90
days after the expiration of the
Incidental Harassment Authorization, if
we issue it. 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
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17:25 Nov 05, 2013
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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.), Point
Blue 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).
Point Blue shall not resume its
activities until we are able to review the
circumstances of the prohibited take.
We shall work with Point Blue to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure Marine
Mammal Protection Act compliance.
Point Blue may not resume their
activities until notified by us via letter,
email, or telephone.
In the event that Point Blue 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), Point Blue will
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Fmt 4703
Sfmt 4703
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
continue while we review the
circumstances of the incident. We will
work with Point Blue to determine
whether modifications in the activities
are appropriate.
In the event that Point Blue 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), Point Blue 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. Point Blue
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 propose to authorize take by Level
B harassment only for the proposed
pinniped and seabird research activities
˜
on Southeast Farallon Island, Ano
Nuevo Island, and Point Reyes National
Seashore. Acoustic (i.e., increased
sound) and visual stimuli generated
during these proposed activities may
have the potential to cause marine
mammals in the harbor area to
experience temporary, short-term
changes in behavior.
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Steller sea lions could be potentially
affected by Level B behavioral
harassment over the course of the
effective period of the proposed
Authorization.
We base these estimates by
multiplying three components: (1) The
maximum number of animals that could
Based on Point Blue’s previous
research experiences, with the same
activities conducted in the proposed
research area, and on marine mammal
research activities in these areas, we
estimate that approximately 5,104
California sea lions, 526 harbor seals,
190 northern elephant seals, and 20
66693
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 2007–2012 monitoring reports
and anecdotal information from Point
Blue scientists.
TABLE 1—ESTIMATES OF THE POSSIBLE NUMBERS OF MARINE MAMMALS EXPOSED TO ACOUSTIC AND VISUAL STIMULI
DURING POINT BLUE’S PROPOSED SEABIRD AND PINNIPED RESEARCH DURING DECEMBER, 2013–DECEMBER, 2014
Maximum
estimated
number
present
Activity
Maximum
estimated
number of
disturbances
Estimated number of days with
animal presence
Requested number of
incidental takes
California sea lions: Requested take = 5,104
SEFI Daily Observations ............................
SEFI Murre Research .................................
SEFI Field Station Resupply ......................
ANI Seabird Monitoring ..............................
ANI Intermittent Activities ...........................
PRNS Seabird Monitoring ..........................
........................
........................
27
26
31
68
110
3
........................
........................
3
1
1
1
1
1
E. Landing—15 ........................
N. Landing—22 ........................
Other Areas—4 ........................
Other Areas—17 ......................
E. Landing—13 ........................
Other Areas—12 ......................
Other Areas—1 ........................
Other Areas—4 ........................
E. Landing—1,215.
N. Landing—1,782.
Other Areas—324.
Other Areas—442.
E. Landing—403.
Other Areas—816.
Other Areas—110.
Other Areas—12.
Harbor seals: Requested Take = 526
SEFI Daily Observations ............................
SEFI Murre Research .................................
SEFI Field Station Resupply ......................
ANI Seabird Monitoring ..............................
PRNS Seabird Monitoring ..........................
........................
........................
5
2
........................
12
2
15
........................
........................
3
1
........................
1
1
1
E. Landing—4 ..........................
N. Landing—7 ..........................
Other Areas—18 ......................
N. Landing—9 ..........................
E. Landing—2 ..........................
N. Landing—2 ..........................
Other Areas—5 ........................
Other Areas—1 ........................
E. Landing—60.
N. Landing—105.
Other Areas—270.
N. Landing—18.
E. Landing—24.
N. Landing—24.
Other Areas—10.
Other Areas—15.
Northern elephant seals: Requested Take = 190
SEFI Daily Observations ............................
SEFI Murre Research .................................
SEFI Field Station Resupply ......................
ANI Seabird Monitoring ..............................
PRNS Seabird Monitoring ..........................
........................
2
4
2
10
2
........................
3
1
1
1
1
E. Landing—4 ..........................
N. Landing—7 ..........................
N. Landing—5 ..........................
E. Landing—1 ..........................
Other Areas—10 ......................
Other Areas—1 ........................
E. Landing—24.
N. Landing—42.
N. Landing—20.
E. Landing—2.
Other Areas—100.
Other Areas—2.
Steller sea lions: Requested Take = 20
SEFI Daily Observations ............................
SEFI Murre Research .................................
SEFI Field Station Resupply ......................
ANI Seabird Monitoring ..............................
ANI Intermittent Activities ...........................
PRNS Seabird Monitoring ..........................
2
9
1
1
1
1
3
1
1
1
1
1
Other Areas—1 ........................
Other Areas—1 ........................
E. Landing—1 ..........................
Other Areas—2 ........................
Other Areas—1 ........................
Other Areas—1 ........................
Other Areas—6.
Other Areas—9.
E. Landing—1.
Other Areas—2.
Other Areas—1.
Other Areas—1.
mstockstill on DSK4VPTVN1PROD with NOTICES
Other Areas: Elephant Seal Colony (SEFI), Sea Lion Cove (SEFI), Landing Cove (ANI), and Drakes Beach (PRNS).
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
proposed activity.
There is no evidence that Point Blue’s
planned activities could result in injury,
serious injury or mortality within the
action area. The required mitigation and
monitoring measures will minimize any
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potential risk for injury, serious injury,
or mortality. Thus, we do not propose
to authorize any injury, serious injury or
mortality. We expect all potential takes
to fall under the category of Level B
harassment only.
Encouraging and Coordinating
Research
Point Blue will continue to coordinate
monitoring of pinnipeds during the
research activities occurring on
˜
Southeast Farallon Island, Ano Nuevo
Island, and Point Reyes National
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Seashore. Point Blue conducts bone fide
research on marine mammals, the
results of which may contribute to the
basic knowledge of marine mammal
biology or ecology, or are likely to
identify, evaluate, or resolve
conservation problems.
Negligible Impact and Small Numbers
Analyses and Determinations
We typically include our negligible
impact and small numbers analyses and
determinations under the same section
heading of our Federal Register notices.
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Despite co-locating these terms, we
acknowledge that negligible impact and
small numbers are distinct standards
under the MMPA and treat them as
such. The analyses presented below do
not conflate the two standards; instead,
each standard has been considered
independently and we have applied the
relevant factors to inform our negligible
impact and small numbers
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
injuries, serious injuries, or mortalities;
(2) The number, nature, and intensity,
and duration of Level B harassment; and
(3) The context in which the takes
occur (e.g., 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
proposed Authorization. For each
species, these numbers are small
numbers (each, less than or equal to two
percent) relative to the population size.
These incidental harassment numbers
represent approximately 1.82 percent of
the U.S. stock of California sea lion, 1.74
percent of the California stock of Pacific
harbor seal, 0.15 percent of the
California breeding stock of northern
elephant seal, and 0.04 percent of the
eastern distinct population segment of
Steller sea lion.
For reasons stated previously in this
document and based on the following
factors, Point Blue’s specified activities
are not likely to cause long-term
behavioral disturbance, abandonment of
the haulout area, injury, serious injury,
or mortality because:
(1) The effects of the pinniped and
seabird research activities would be
limited to short-term startle responses
and localized behavioral changes due to
the short and sporadic duration of the
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research activities. 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 availability of alternate areas
for pinnipeds to avoid the resultant
acoustic and visual disturbances from
the research operations. Results from
previous monitoring reports also show
that the pinnipeds returned to the
various sites and did not permanently
abandon haul-out sites after Point Blue
conducted their pinniped and research
activities.
(3) There is no potential for largescale movements leading to injury,
serious injury, or mortality because the
researchers must delay ingress into the
landing areas until after the pinnipeds
present have slowly entered the water.
(4) The limited access of Point Blue’s
researchers to Southeast Farallon Island,
˜
Ano Nuevo Island, and Point Reyes
National Seashore during the pupping
season.
We do not anticipate that any injuries,
serious injuries, or mortalities would
occur as a result of Point Blue’s
proposed activities, and we do not
propose to authorize injury, serious
injury or mortality. These species may
exhibit behavioral modifications,
including temporarily vacating the area
during the proposed seabird and
pinniped research activities to avoid the
resultant acoustic and visual
disturbances. Further, these proposed
activities would not take place in areas
of significance for marine mammal
feeding, resting, breeding, or calving
and would not adversely impact marine
mammal habitat. 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
have preliminarily 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 MMPA
also requires us to determine that the
taking will not have an unmitigable
adverse effect on the availability of
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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 MMPA.
Endangered Species Act
On October 23, 2013 NMFS
announced the removal of the eastern
distinct population segment of Steller
sea lions from the list of threatened
species under the ESA. With the
delisting, federal agencies proposing
actions that may affect the eastern
Steller sea lions are no longer required
to consult with NMFS under section 7
of the ESA. This delisting will be
effective by the time that we make our
final determinations on the proposed
issuance of an Authorization to Point
Blue.
National Environmental Policy Act
(NEPA)
To meet our NEPA requirements for
the issuance of an Authorization to
Point Blue, we intend to prepare an
Environmental Assessment (EA) titled
‘‘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.’’ Prior to making a
final decision on the issuance of an
Authorization, we would decide
whether or not to issue a Finding of No
Significant Impact (FONSI).
Proposed Authorization
As a result of these preliminary
determinations, we propose to authorize
the take of marine mammals incidental
to Point Blue’s proposed seabird and
pinniped research activities in the
northeast Pacific Ocean, provided they
incorporate the previously mentioned
mitigation, monitoring, and reporting
requirements. The duration of the
Incidental harassment Authorization
would not exceed one year from the
effective date.
Information Solicited
We request interested persons to
submit comments and information
concerning this proposed take
authorization (see ADDRESSES).
Concurrent with the publication of this
notice in the Federal Register, we will
forward copies of this application to the
Marine Mammal Commission and its
Committee of Scientific Advisors.
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Federal Register / Vol. 78, No. 215 / Wednesday, November 6, 2013 / Notices
Dated: November 1, 2013.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
DEPARTMENT OF ENERGY
Western Area Power Administration
Loveland Area Projects, Colorado
River Storage Project, Pacific
Northwest-Pacific Southwest Intertie
Project, Central Arizona Project, and
Parker-Davis Project—Rate Order No.
WAPA–163
[FR Doc. 2013–26596 Filed 11–5–13; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF ENERGY
Notice of Availability for the Draft
Environmental Impact Statement and
Announcement of Public Hearings for
the Proposed Champlain Hudson
Power Express Transmission Line
Project; Correction
AGENCY:
U.S. Department of Energy.
Notice of availability and public
hearings; correction.
ACTION:
The Department of Energy
(DOE) published a document in the
Federal Register of November 1, 2013,
announcing the availability for the Draft
Environmental Impact Statement and
public hearings for the proposed
Champlain Hudson Power Express
transmission line project. This
document corrects an error in that
notice.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Brian Mills at
Brian.Mills@hq.doe.gov.
Correction
mstockstill on DSK4VPTVN1PROD with NOTICES
In the Federal Register of November
1, 2013 in FR Doc. 2013–26080, 78 FR
65622, please make the following
correction:
On page 65622, third column, under
the heading DATES, the second sentence
is corrected to read: ‘‘The public
comment period started on November 1,
2013, with the publication in the
Federal Register by the U.S.
Environmental Protection Agency of its
Notice of Availability of the Draft EIS,
and will continue until December 16,
2013.’’
Issued in Washington, DC, on November 1,
2013.
Brian Mills,
NEPA Compliance Officer, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2013–26573 Filed 11–5–13; 8:45 am]
BILLING CODE 6450–01–P
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Western Area Power
Administration, DOE.
ACTION: Notice of Proposed Formula
Rates for Western Area Power
Administration (Western) Transmission
Projects to Enter into WestConnect’s
Point-to-Point Regional Transmission
Service Participation Agreement (PA).
AGENCY:
[OE Docket No. PP–362]
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Western is proposing new
formula rates to participate in
WestConnect’s PA. The proposed
formula rates under Rate Schedule WC–
8 would become effective June 1, 2014,
and remain in effect through May 30,
2019. Western, along with other
WestConnect participants (Participants),
has participated in the WestConnect
Pricing Experiment (Experiment) since
its inception in June 2009. On June 28,
2013, the Federal Energy Regulatory
Commission (FERC) issued an order
(143 FERC ¶ 61,291) conditionally
accepting the PA and regional tariffs.
FERC ordered that the Participants in
the filing submit separate compliance
filings. Western has determined that no
changes are necessary to Western’s
Open Access Transmission Tariff
(Tariff) because Western will continue
to offer this transmission service under
the existing Tariff Schedule 8. For
Western to implement the permanent
arrangement, however, Western needs to
adopt new formula rates. Publication of
this Federal Register notice begins the
formal process for the proposed formula
rates.
DATES: The consultation and comment
period will begin today and will end
December 6, 2013. Western will accept
written comments any time during the
consultation and comment period. The
proposed action constitutes a minor rate
adjustment as defined by 10 CFR part
903. As such, Western has determined
it is not necessary to hold a public
information or public comment forum.
ADDRESSES: Send written comments to:
Ms. Lynn C. Jeka, Colorado River
Storage Project Manager, Colorado River
Storage Project Management Center, 150
East Social Hall Avenue, Suite 300, Salt
Lake City, UT 84111–1580, fax (801)
524–5017, or email WestConnect@
wapa.gov. Western will post
information about the rate process on its
Web site at https://www.wapa.gov/dsw/
SUMMARY:
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66695
pwrmkt/WestConnect/Default.htm.
Western will post official comments
received to its Web site after the close
of the comment period. Western must
receive comments by the end of the
consultation and comment period to
ensure they are considered in Western’s
decision process.
FOR FURTHER INFORMATION CONTACT: Mr.
Thomas Hackett, Rates Team Lead,
Colorado River Storage Project
Management Center, 150 East Social
Hall Avenue, Suite 300, Salt Lake City,
UT 84111–1580, telephone (801) 524–
5503, or email hackett@wapa.gov.
SUPPLEMENTARY INFORMATION:
WestConnect consists of a group of
electric utilities currently providing
transmission service in the Western
Interconnection. Its members are a
mixture of investor- and consumerowned utilities and Western. The
WestConnect membership encompasses
an interconnected grid stretching from
western Nebraska to southern California
and from Wyoming to the United StatesMexico border. Western began
participating in the Experiment in June
2009, which offered potential customers
the option of scheduling a single
transaction for hourly, non-firm, pointto-point transmission service over
multiple transmission providers’
systems at a single rate. The original
term of the Experiment was 2 years and
expired on June 30, 2011. In 2011,
WestConnect filed with FERC to extend
the term of the Experiment for 2
additional years, until June 30, 2013.
To participate in the Experiment
during its total 4-year term, Western had
to convert its ‘‘all-hours,’’ non-firm,
point-to-point transmission rates into
on-peak and off-peak rates, similar to
other Participants. Western’s FERCapproved Tariff transmission rate
designs for all regions yield an ‘‘allhours’’ transmission rate. Western’s
transmission rates do not make a rate
distinction between on-peak and offpeak, but rather spread the annual
revenue requirements over all hours of
the year. Western established these onpeak and off-peak rates using the
authority granted to Western’s
Administrator in Delegation Order No.
00–037.00A to set rates for short-term
sales.
On April 16, 2013, WestConnect
submitted to FERC an Amended and
Restated PA that, in essence, offers the
coordinated hourly, non-firm, point-topoint transmission service at a single
rate on a permanent basis, effective July
1, 2013. On June 28, 2013, FERC issued
an order conditionally accepting the PA
and regional tariffs. In its order, FERC
stated it was approving the proposal
E:\FR\FM\06NON1.SGM
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Agencies
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Notices]
[Pages 66686-66695]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26596]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC837
Takes of Marine Mammals Incidental to Specified Activities;
Seabird and Pinniped Research Activities in Central California, 2013-
2014
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: We, NMFS, have received an application from Point Blue
Conservation Science (Point Blue, formerly PRBO Conservation Science),
requesting an Incidental Harassment Authorization (Authorization) to
take marine mammals, by harassment, incidental to conducting proposed
seabird and pinniped research activities on Southeast Farallon Island,
A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central
California from December 2013 through December 2014. Per the Marine
Mammal Protection Act, we are requesting comments on our proposal to
issue an Authorization to Point Blue to incidentally harass, by Level B
harassment only, four species of marine mammals during the year-long
research project.
DATES: We must receive comments and information no later than December
5, 2013.
ADDRESSES: Address your comments on the application 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. The mailbox address for providing email
comments is ITP.Cody@noaa.gov. Please include 0648-XC837 in the subject
line. We are not responsible for email comments sent to addresses other
than the one provided here. Comments sent via email, including all
attachments, must not exceed a 10-megabyte file size.
All comments received are a part of the public record and we will
generally post them 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, write to the
previously mentioned address, telephone the contact listed here (see
FOR FURTHER INFORMATION CONTACT) or access the documents on our Web
page at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
We will prepare a separate NEPA analysis to evaluate the
environmental effects related to the scope of our federal action, which
is the proposed issuance of an Authorization to Point Blue for their
proposed seabird and pinniped research activities. This notice presents
detailed information on the scope of our federal action under NEPA
(i.e., the proposed Authorization including mitigation measures and
monitoring) and we will consider comments submitted in response to this
notice as we prepare our NEPA analysis.
The public can view documents cited in this notice by appointment,
during regular business hours, at the previously mentioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION: Section 101(a)(5)(D) of the Marine Mammal
Protection Act (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.
We shall allow 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 (i.e., mitigation); and requirements pertaining to the
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 MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take 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 authorization 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].
[[Page 66687]]
Summary of Request
We received an application on July 17, 2013, from Point Blue
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. Point Blue, along with
partners Oikonos Ecosystem Knowledge and Point Reyes National Seashore,
plan to conduct the proposed activities for one year. These partners
are conducting this research under cooperative agreements with the U.S.
Fish and Wildlife Service in consultation with the Gulf of the
Farallones National Marine Sanctuary. We determined the application
complete and adequate on August 27, 2013.
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, 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. Point Blue has requested an authorization to take 5,390
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 five 1-year Incidental Harassment
Authorizations to Point Blue (formerly known as PRBO Conservation
Science) for the conduct of the same activities from 2007 to 2013. The
current Authorization expires on December 5, 2013 (77 FR 73989,
December 7, 2012). This is the organization's sixth request for an
Authorization and they will submit a monitoring report to us no later
than 90 days after the expiration of the current Authorization.
Description of the Specified Geographic Region
The proposed action area consists of the following three locations
in the northeast Pacific Ocean:
South Farallones Islands
The South Farallon Islands consist of Southeast Farallon Island
located at 37[deg]41'54.32'' N; 123[deg]0'8.33'' W and West End Island.
These two islands are directly adjacent to each other and separated by
only a 30-foot (ft) (9.1 meter (m)) channel. The South Farallon Islands
have a land area of approximately 120 acres (0.49 square kilometers
(km)) and are part of the Farallon National Wildlife Refuge. The
islands are located near the edge of the continental shelf 28 miles
(mi) (45.1 km) west of San Francisco, CA, and lie within the waters of
the Gulf of the Farallones National Marine Sanctuary.
A[ntilde]o Nuevo Island
A[ntilde]o Nuevo Island located at 37[deg]6'29.25'' N;
122[deg]20'12.20'' W is one-quarter mile (402 m) offshore of A[ntilde]o
Nuevo Point in San Mateo County, CA. This small 25-acre (0.1 square km)
island is part of the A[ntilde]o Nuevo State Reserve, all of which is
owned and operated by California State Parks. The Island lies within
the Monterey Bay National Marine Sanctuary and the A[ntilde]o Nuevo
State Marine Conservation Area.
Point Reyes National Seashore
Point Reyes National Seashore located is approximately 40 miles
(64.3 km) north of San Francisco Bay and also lies within the Gulf of
the Farallones National Marine Sanctuary. The proposed research areas
(Life Boat Station, Drakes Beach, and Point Bonita) are within the
headland coastal areas of the National Park.
Description of the Specified Activity
Seabird Research on Southeast Farallon Island
Point Blue proposes to conduct: (1) Daily observations of seabird
colonies at a maximum frequency of three 15-minute visits per day; and
(2) conduct daily observations of breeding common murres (Uria aalge)
at a maximum frequency of one, 5-hour visit per day between September
2013, and September 2014. These activities usually involve one or two
observers conducting daily censuses of seabirds or conducting mark/
recapture studies of breeding seabirds on Southeast Farallon Island.
The researchers plan to access the island's two landing areas, the
North Landing and the East Landing, by 14 to 18 ft (4.3 to 5.5 m) open
motorboats which are hoisted onto the island using a derrick system and
then travel by foot to coastal areas of the island to view breeding
seabirds from behind an observation blind.
The potential for incidental take related to the mark/recapture
studies is very low as these activities are conducted within the
interior of the island away from the intertidal areas where the
pinnipeds haul out. Most potential for incidental take would occur when
the researchers approach or depart the intertidal area by motorboat or
when the researchers walk within 50 ft (15.2 m) of the haulout areas to
enter the observation blinds to observe shorebirds.
Field Station Resupply on Southeast Farallon Island
Point Blue proposes to resupply the field station once every two
weeks at a maximum frequency of 26 visits. Resupply activities involve
personnel approaching either the North Landing or East Landing by
motorboat. At East Landing--the primary landing site--all personnel
assisting with the landing would stay on the loading platform
approximately 30 ft (9.1 m) above the water. At North Landing, loading
operations would occur at the water level in the intertidal areas. Most
potential for incidental take would occur when the researchers approach
the area by motorboat or when the researchers load or unload supplies
onshore.
Seabird Research on A[ntilde]o Nuevo Island
Point Blue and its partners propose to monitor seabird burrow
nesting habitat quality and to conduct habitat restoration at a maximum
frequency of 20 visits per year. This activity involves two to three
researchers accessing the north side of the island by a 12 ft (3.7 m)
Zodiac boat. Once onshore, the researchers will check subterranean nest
boxes and restore any nesting habitat for approximately 15 minutes.
Most potential for incidental take would occur at the landing beach
on the north side of the island when the researchers arrive and depart
to check the boxes. Non-breeding pinnipeds may occasionally be present,
including California sea lions that may be hauled out near a small
group of subterranean seabird nest boxes on the island terrace.
[[Page 66688]]
In both locations researchers are located more than 50 ft (15.2 m) away
from any pinnipeds which may be hauled out.
Seabird Research on Point Reyes National Seashore
The National Park Service in collaboration with Point Blue monitors
seabird breeding and roosting colonies; conducts habitat restoration;
removes non-native plants; monitors intertidal areas; maintains coastal
dune habitat. Seabird monitoring usually involves one or two observers
conducting the survey by small boats (12 to 22 ft; 3.6 to 6.7 m) along
the Point Reyes National Seashore shoreline. Researchers would visit
the site at a maximum frequency of 20 times per year, with an emphasis
on increasing monitoring during the nesting season. Researchers would
conduct occasional, intermittent visits during the rest of the year.
A majority of the research occurs in areas where marine mammals are
not present. However, the potential for incidental harassment will
occur at the landing beaches along Point Reyes Headland, boat ramps, or
parking lots where northern elephant seals, harbor seals, or California
sea lions may be hauled out in the vicinity.
Pinniped Research on West End Island
Pinniped research activities involve surveying breeding northern
elephant seals on West End Island between early December and late
February. At least three researchers would visit the site at a maximum
frequency of five times per year. To conduct the census, the
researchers would travel by foot approximately 1,500 ft (457.2 m) above
the site to conduct the census. Historically, a few juvenile Steller
sea lions may haul out on a spit of rocks called Shell Beach Rocks
below the transit path to the northern elephant seal haul out. Thus,
the potential for incidental harassment of Steller sea lions may occur
when the researchers transit above Shell Beach Rocks.
We expect that acoustic and visual stimuli resulting from the
proposed motorboat operations and human presence has the potential to
harass marine mammals. We also expect that these disturbances would be
temporary and result, at worst, in a temporary modification in behavior
and/or low-level physiological effects (Level B harassment) of certain
species of marine mammals.
Description of the Marine Mammals in the Area of the Proposed Specified
Activity
The marine mammals most likely to be harassed incidental to
conducting seabird and pinniped research at the proposed research areas
on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes
National Seashore are primarily California sea lions, northern elephant
seals, Pacific harbor seals, and to a lesser extent the eastern
distinct population segment (DPS) of the Steller sea lion, which NMFS
has removed from the list of threatened species under the U.S.
Endangered Species Act of 1973 (ESA; 16 U.S.C. 1531 et seq.), effective
November, 2013.
We refer the public to Carretta et al., (2013) for general
information on these species which we present below this section. The
publication is available at: https://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf.
Northern Elephant Seal
Northern elephant 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 Breeding Stock is approximately 124,000 animals and the
maximum population growth rate is 11.7 percent (Carretta et al., 2013).
Northern elephant seals range in the eastern and central North
Pacific Ocean, from as far north as Alaska and as far south as Mexico.
Northern elephant seals spend much of the year, generally about nine
months, in the ocean. They are usually underwater, diving to depths of
about 1,000 to 2,500 ft (330-800 m) for 20- to 30-minute intervals with
only short breaks at the surface. They are rarely seen out at sea for
this reason. While on land, they prefer sandy beaches.
Northern elephant seals breed and give birth in California (U.S.)
and Baja California (Mexico), primarily on offshore islands (Stewart et
al., 1994), from December to March (Stewart and Huber, 1993). Males
feed near the eastern Aleutian Islands and in the Gulf of Alaska, and
females feed further south, south of 45[deg] N. (Stewart and Huber,
1993; Le Boeuf et al., 1993). Adults return to land between March and
August to molt, with males returning later than females. Adults return
to their feeding areas again between their spring/summer molting and
their winter breeding seasons.
At Point Reyes, the population ranges from 1,500 and 2,000 animals
(NPS, 2013a). Adult northern elephant seals visit Point Reyes twice a
year (NPS, 2013a). They arrive in early winter from their feeding
grounds off Alaska and the largest congregations occur in the winter,
when the females arrive to deliver their pups and nurse them, and in
spring when immature seals and adult females return to molt. During the
time they are onshore they are fasting (NPS, 2013b).
At Southeast Farallon, the population consists of approximately 500
animals (FNMS, 2013). Northern elephant seals began recolonizing the
South Farallon Islands in the early 1970s (Stewart et al., 1994) at
which time the colony grew rapidly. In 1983 a record 475 pups were born
on the South Farallones (Stewart et al., 1994). Since then, the size of
the South Farallones colony has declined, stabilizing in the early
2000s and then declining further over the past six years (USFWS, 2013).
In 2012, a total of 90 cows were counted on the South Farallones, and
60 pups were weaned (USFWS, 2013). Point Blue's average monthly counts
from 2000 to 2009 ranged from 20 individuals in July to nearly 500
individuals in November (USFWS, 2013).
Northern elephant seals are present on the islands and in the
waters surrounding the South Farallones year-round for either breeding
or molting; however, they are more abundant during breeding and peak
molting seasons (Le Boeuf and Laws 1994, Sydeman and Allen, 1997). They
live and feed in deep, offshore waters the remainder of the year.
In mid-December, adult males begin arriving on the South
Farallones, closely followed by pregnant females on the verge of giving
birth. Females give birth to a single pup, generally in late December
or January (Le Boeuf and Laws, 1994) and nurse their pups for
approximately four weeks (Reiter et al., 1978). Upon pup weaning,
females mate with an adult male and then depart the islands. The last
adult breeders depart the islands in mid-March. The spring peak of
elephant seals on the rookery occurs in April, when females and
immature seals (approximately one to four years old) arrive at the
colony to molt (a one month process) (USFWS, 2013). The year's new pups
remain on the island throughout both of these peaks, generally leaving
by the end of April (USFWS, 2013).
The lowest numbers of elephant seals present on the rookery occurs
during June, July, and August, when sub-adult and adult males molt.
Another peak of young seals return to the rookery for a haul-out period
in October, and at that time some individuals undergo partial molt (Le
Boeuf and Laws, 1994). At A[ntilde]o Nuevo Island the population ranges
from 900 to 1,000 adults.
Observers first sighted elephant seals on A[ntilde]o Nuevo Island
in 1955 and today the population ranges from 900 to 1,000 adults (M.
Lowry, unpubl. data). Males
[[Page 66689]]
began to haul out on the mainland in 1965. California State Park
reports that by 1988/1989, approximately 2,000 elephant seals came
ashore to A[ntilde]o Nuevo (CSP, 2012).
California Sea Lion
California sea lions 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 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.,
2012).
California sea lion breeding areas are on islands located in
southern California, in western Baja California, Mexico, and the Gulf
of California. During the breeding season, most California sea lions
inhabit southern California and Mexico. Rookery sites in southern
California are limited to the San Miguel Islands and the southerly
Channel Islands of San Nicolas, Santa Barbara, and San Clemente
(Carretta et. al., 2012). Males establish breeding territories during
May through July on both land and in the water. Females come ashore in
mid-May and June where they give birth to a single pup approximately
four to five days after arrival and will nurse pups for about a week
before going on their first feeding trip. Females will alternate
feeding trips with nursing bouts until the pup is weaned between four
and 10 months of age (NMML, 2010).
Adult and juvenile males will migrate as far north as British
Columbia, Canada while females and pups remain in southern California
waters in the non-breeding season. In warm water (El Ni[ntilde]o)
years, some females are found as far north as Washington and Oregon,
presumably following prey.
The U.S. stock of California sea lion is the only stock present in
the proposed research area and in recent years, California sea lions
have begun to breed annually in small numbers at Southeast Farallon and
A[ntilde]o Nuevo Islands.
On the Farallon Islands, California sea lions haul out in many
intertidal areas year round, fluctuating from several hundred to
several thousand animals. California sea lions at Point Reyes National
Seashore haul out at only a few locations, but will occur on human
structures such as boat ramps. The annual population averages around
300 to 500 during the fall through spring months, although on occasion,
several thousand sea lions can arrive depending upon local prey
resources (S. Allen, unpublished data). On A[ntilde]o Nuevo Island,
California sea lions may haulout at one of eight beach areas on the
perimeter of the island (see Figure 2 in the Application). The island's
average population ranges from 4,000 to 9,500 animals (M. Lowry,
unpublished data).
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 26,667
animals (Carretta et. al., 2012).
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.
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.
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). On the
Farallon Islands, approximately 40 to 120 Pacific harbor seals haul out
in the intertidal areas (Point Blue unpublished data). Harbor seals at
Point Reyes National Seashore haul out at nine locations with an annual
population of up to 4,000 animals (M. Lowry, unpublished data). On
A[ntilde]o Nuevo Island, harbor seals may haulout at one of eight beach
areas on the perimeter of the island (see Figure 2 in Point Blue's
Application) and the island's average population ranges from 100 to 150
animals (M. Lowry, unpublished data).
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). On October 23, 2013 NMFS found
that the eastern distinct population segment of Steller sea lions has
recovered. As a result of the finding, NMFS removed them from the list
of threatened species under the ESA. The eastern distinct population
segment is depleted under the MMPA.
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.
In 2012, the estimated population of the eastern distinct
population segment ranged from a minimum of 52,847 up to 72,223 animals
and the maximum population growth rate is 12.1 percent (Allen and
Angliss, 2012).
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 California and new rookeries established in
southeastern Alaska (Pitcher et al., 2007).
The current population of Steller sea lions in the proposed
research area is
[[Page 66690]]
estimated to number between 50 and 750 animals. Overall, counts of non-
pups at trend sites in California and Oregon have been relatively
stable or increasing slowly since the 1980s (Allen and Angliss, 2012).
Point Blue estimates that between 50 and 150 Steller sea lions live
on the Farallon Islands. On Southeast Farallon Island, the abundance of
females declined an average of 3.6 percent per year from 1974 to 1997
(Sydeman and Allen, 1999).
The National Marine Fisheries Service's Southwest Fisheries Science
Center estimates between 400 and 600 live on A[ntilde]o Nuevo Island
(Point Blue unpublished data, 2008; Southwest Fisheries Science Center
unpublished data, 2008). At A[ntilde]o Nuevo Island off central
California, a steady decline in ground counts started around 1970, and
there was an 85 percent reduction in the breeding population by 1987
(LeBoeuf et al., 1991)
Pup counts at A[ntilde]o Nuevo Island declined five percent
annually through the 1990s (NOAA Stock Assessment, 2003), and have
apparently stabilized between 2001 and 2005 (M. Lowry, SWFSC
unpublished data). In 2000, the combined pup estimate for both islands
was 349. In 2005, the pup estimate was 204 on the Island. Pup counts on
the Farallon Islands have generally varied from five to 15 (Hastings
and Sydeman, 2002; Point Blue unpublished data). Pups have not been
born at Point Reyes Headland since the 1970s and Steller sea lions are
seen in very low numbers there currently (S. Allen, unpublished data).
Other Marine Mammals in the Proposed Action Area
California (southern) sea otters (Enhydra lutris nereis), listed as
threatened under the Endangered Species Act and categorized as depleted
under the Marine Mammal Protection Act, usually range in coastal waters
within two km of shore. Point Blue has not encountered California sea
otters on Southeast Farallon Island, A[ntilde]o Nuevo Island, or Point
Reyes National Seashore during the course of seabird or pinniped
research activities over the past five years. This species is managed
by the U.S. Fish and Wildlife Service and is not considered further in
this notice.
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. The
effects of sounds from motorboat operations and the appearance of
researchers might include hearing impairment or behavioral disturbance
(Southall, et al., 2007).
Hearing Impairment
Marine mammals produce sounds in various important contexts--social
interactions, foraging, navigating, and 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
(Southall et al., 2007).
Pinnipeds have the potential to be disturbed by airborne and
underwater noise generated by the small boats equipped with outboard
engines (Richardson, Greene, Malme, and Thomson, 1995). However, there
is a dearth of information on acoustic effects of motorboats on
pinniped hearing and communication and to our knowledge there has been
no specific documentation of hearing impairment in free-ranging
pinnipeds exposed to small motorboats during realistic field
conditions.
Behavioral Disturbance
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). Disturbance includes a variety of effects, including
subtle to conspicuous changes in behavior, movement, and displacement.
Reactions to sound, if any, depend on species, state of maturity,
experience, current activity, reproductive state, time of day, and many
other factors (Richardson et al., 1995; Wartzok et al., 2004; Southall
et al., 2007; Weilgart, 2007). If a sound source displaces marine
mammals from an important feeding or breeding area for a prolonged
period, impacts on individuals and populations could be significant
(e.g., Lusseau and Bejder, 2007; Weilgart, 2007).
Numerous studies have shown that human activity can flush harbor
seals off haulout sites (Allen et al., 1984; Calambokidis et al., 1991;
Suryan and Harvey, 1999; and 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). And 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).
In 1997, Henry and Hammil (2001) conducted a study to measure the
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats)
on harbor seal haulout behavior in M[eacute]tis Bay, Quebec, Canada.
During that study, the authors noted that the most frequent
disturbances (n=73) were caused by lower speed, lingering kayaks and
canoes (33.3 percent) as opposed to motorboats (27.8 percent)
conducting high speed passes. The seal's flight reactions could be
linked to a surprise factor by kayaks-canoes which approach slowly,
quietly and low on water making them look like predators. However, the
authors note that once the animals were disturbed, there did not appear
to be any significant lingering effect on the recovery of numbers to
their pre-disturbance levels. In conclusion, the study showed that boat
traffic at current levels has only a temporary effect on the haulout
behavior of harbor seals in the M[eacute]tis Bay area.
In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the
efficacy of buffer zones for watercraft around harbor seal haulout
sites on Yellow Island, Washington state. The authors estimated the
minimum distance between the vessels and the haul-out sites;
categorized the vessel types; and evaluated seal responses to the
disturbances. During the course of the seven-weekend study, the authors
recorded 14 human-related disturbances which were associated with
stopped powerboats and kayaks. During these events, hauled out seals
became noticeably active and moved into the water. The flushing
occurred when stopped kayaks and powerboats were at distances as far as
453 and 1,217 ft (138
[[Page 66691]]
and 371 m) respectively. The authors note that the seals were
unaffected by passing powerboats, even those approaching as close as
128 ft (39 m), possibly indicating that the animals had become tolerant
of the brief presence of the vessels and ignored them. The authors
reported that on average, the seals quickly recovered from the
disturbances and returned to the haulout site in less than or equal to
60 minutes. Seal numbers did not return to pre-disturbance levels
within 180 minutes of the disturbance less than one quarter of the time
observed. The study concluded that the return of seal numbers to pre-
disturbance levels and the relatively regular seasonal cycle in
abundance throughout the area counter the idea that disturbances from
powerboats may result in site abandonment (Johnson and Acevedo-
Gutierrez, 2007).
As a general statement from the available information, pinnipeds
exposed to intense (approximately 110 to 120 decibels 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). Based on
the available data, previous monitoring reports from Point Blue, and
studies described here, we anticipate that any pinnipeds found in the
vicinity of the proposed project could have short-term behavioral
reactions to the noise attributed to Point Blue's motorboat operations
and human presence related to the seabird and pinniped research. We
would expect the pinnipeds to return to a haulout site within 60
minutes of the disturbance (Allen et al., 1985). The effects to
pinnipeds appear at the most, to displace the animals temporarily from
their haul out sites and we do not expect that the pinnipeds would
permanently abandon a haul-out site during the conduct of the proposed
research. The maximum disturbance to Steller sea lions would result in
the animals slowly flushing into the water in response to presence of
the researchers.
Finally, no research activities would occur on pinniped rookeries.
Breeding animals are concentrated in areas where researchers would not
visit. Therefore, we do not expect mother and pup separation or
crushing of pups during flushing.
The potential effects to marine mammals described in this section
of the document do not take into consideration the proposed monitoring
and mitigation measures described later in this document (see the
``Proposed Mitigation'' and ``Proposed Monitoring and Reporting''
sections).
Anticipated Effects on Habitat
We do not anticipate that the proposed operations would result in
any temporary or permanent effects on the habitats used by the marine
mammals in the proposed area, including the food sources they use
(i.e., fish and invertebrates). While it is anticipated that the
specified activity may result in marine mammals avoiding certain areas
due to temporary ensonification, this impact to habitat is temporary
and reversible and was considered in further detail earlier in this
document, as behavioral modification. 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 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.
Point Blue has based the mitigation measures which they will
implement during the proposed research, on the following: (1) Protocols
used during previous Point Blue seabird and pinniped research
activities as required by our previous authorizations and Incidental
Take Statement for the Biological Opinion for these activities; (2)
recommended best practices in Richardson et al. (1995); and (3) the
Terms and Conditions of NMFS Scientific Research Permit 17152-00.
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities Point Blue and/or its designees
has proposed to implement the following mitigation measures for marine
mammals:
(1) Abide by the Terms and Conditions of NMFS Scientific Research
Permit 17152-00.
(2) Postpone beach landings on A[ntilde]o Nuevo Island until
pinnipeds that may be present on the beach have slowly entered the
water.
(3) Select a pathway of approach to research sites that minimizes
the number of marine mammals harassed.
(4) Avoid visits to sites used by pinnipeds for pupping.
(5) Monitor for offshore predators and do not approach hauled out
pinnipeds if great white sharks (Carcharodon carcharias) or killer
whales (Orcinas orca). If Point Blue and/or its designees see predators
in the area, they must not disturb the animals until the area is free
of predators.
(6) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds.
(7) Conduct seabird observations at North Landing on Southeast
Farallon Island in an observation blind, shielded from the view of
hauled out pinnipeds.
(8) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo
Island if pinnipeds are within view.
(9) Coordinate research visits to intertidal areas of Southeast
Farallon Island (to reduce potential take) and coordinate research
goals for A[ntilde]o Nuevo Island to minimize the number of trips to
the island.
(10) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so
that areas near any pinnipeds would be accessed only once per visit.
(11) 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 have prescribed the means of effecting the least
practicable adverse impact on the affected marine mammal species and
stocks and their habitat. Our evaluation of potential measures included
consideration of the following factors in relation to one another:
(1) The manner in which, and the degree to which, we expect that
the successful implementation of the measure would minimize adverse
impacts to marine mammals;
(2) The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
(3) The practicability of the measure for applicant implementation.
Based on our evaluation of Point Blue's proposed measures, we have
preliminarily 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.
Proposed Monitoring
In order to issue an incidental take authorization for an activity,
section 101(a)(5)(D) of the Marine Mammal Protection Act states that we
must set forth ``requirements pertaining to the monitoring and
reporting of such taking.'' The Act's implementing
[[Page 66692]]
regulations at 50 CFR 216.104(a)(13) indicate that requests for an
authorization must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and our expectations of the level of taking or
impacts on populations of marine mammals present in the action area.
As part of its 2013 application, Point Blue 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 Point Blue 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.
Point Blue has complied with the monitoring requirements under the
previous authorizations for the 2007 through 2013 seasons. The results
from previous Point Blue's monitoring reports support our findings that
the proposed mitigation measures, which we also required under the
2007-2012 Authorizations provide the means of effecting the least
practicable adverse impact on the species or stock.
Point Blue will submit a monitoring report on the December 6, 2012
through December 5, 2013 research period by January, 2014. Upon receipt
and review, we will post this annual report on our Web site at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Proposed Reporting
Point Blue will submit a final monitoring report to us no later
than 90 days after the expiration of the Incidental Harassment
Authorization, if we issue it. 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.),
Point Blue 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).
Point Blue shall not resume its activities until we are able to
review the circumstances of the prohibited take. We shall work with
Point Blue to determine what is necessary to minimize the likelihood of
further prohibited take and ensure Marine Mammal Protection Act
compliance. Point Blue may not resume their activities until notified
by us via letter, email, or telephone.
In the event that Point Blue 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), Point Blue 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 continue
while we review the circumstances of the incident. We will work with
Point Blue to determine whether modifications in the activities are
appropriate.
In the event that Point Blue 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), Point Blue 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. Point Blue
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 propose to authorize take by Level B harassment only for the
proposed pinniped and seabird research activities on Southeast Farallon
Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore.
Acoustic (i.e., increased sound) and visual stimuli generated during
these proposed activities may have the potential to cause marine
mammals in the harbor area to experience temporary, short-term changes
in behavior.
[[Page 66693]]
Based on Point Blue's previous research experiences, with the same
activities conducted in the proposed research area, and on marine
mammal research activities in these areas, we estimate that
approximately 5,104 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.
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 2007-2012 monitoring reports and anecdotal
information from Point Blue scientists.
Table 1--Estimates of the Possible Numbers of Marine Mammals Exposed to Acoustic and Visual Stimuli During Point
Blue's Proposed Seabird and Pinniped Research During December, 2013-December, 2014
----------------------------------------------------------------------------------------------------------------
Maximum
Maximum estimated Estimated number of Requested number of
Activity estimated number of days with animal incidental takes
number present disturbances presence
----------------------------------------------------------------------------------------------------------------
California sea lions: Requested take = 5,104
----------------------------------------------------------------------------------------------------------------
.............. .............. E. Landing--15....... E. Landing--1,215.
.............. .............. N. Landing--22....... N. Landing--1,782.
SEFI Daily Observations........... 27 3 Other Areas--4....... Other Areas--324.
SEFI Murre Research............... 26 1 Other Areas--17...... Other Areas--442.
SEFI Field Station Resupply....... 31 1 E. Landing--13....... E. Landing--403.
ANI Seabird Monitoring............ 68 1 Other Areas--12...... Other Areas--816.
ANI Intermittent Activities....... 110 1 Other Areas--1....... Other Areas--110.
PRNS Seabird Monitoring........... 3 1 Other Areas--4....... Other Areas--12.
----------------------------------------------------------------------------------------------------------------
Harbor seals: Requested Take = 526
----------------------------------------------------------------------------------------------------------------
.............. .............. E. Landing--4........ E. Landing--60.
.............. .............. N. Landing--7........ N. Landing--105.
SEFI Daily Observations........... 5 3 Other Areas--18...... Other Areas--270.
SEFI Murre Research............... 2 1 N. Landing--9........ N. Landing--18.
.............. .............. E. Landing--2........ E. Landing--24.
SEFI Field Station Resupply....... 12 1 N. Landing--2........ N. Landing--24.
ANI Seabird Monitoring............ 2 1 Other Areas--5....... Other Areas--10.
PRNS Seabird Monitoring........... 15 1 Other Areas--1....... Other Areas--15.
----------------------------------------------------------------------------------------------------------------
Northern elephant seals: Requested Take = 190
----------------------------------------------------------------------------------------------------------------
.............. .............. E. Landing--4........ E. Landing--24.
SEFI Daily Observations........... 2 3 N. Landing--7........ N. Landing--42.
SEFI Murre Research............... 4 1 N. Landing--5........ N. Landing--20.
SEFI Field Station Resupply....... 2 1 E. Landing--1........ E. Landing--2.
ANI Seabird Monitoring............ 10 1 Other Areas--10...... Other Areas--100.
PRNS Seabird Monitoring........... 2 1 Other Areas--1....... Other Areas--2.
----------------------------------------------------------------------------------------------------------------
Steller sea lions: Requested Take = 20
----------------------------------------------------------------------------------------------------------------
SEFI Daily Observations........... 2 3 Other Areas--1....... Other Areas--6.
SEFI Murre Research............... 9 1 Other Areas--1....... Other Areas--9.
SEFI Field Station Resupply....... 1 1 E. Landing--1........ E. Landing--1.
ANI Seabird Monitoring............ 1 1 Other Areas--2....... Other Areas--2.
ANI Intermittent Activities....... 1 1 Other Areas--1....... Other Areas--1.
PRNS Seabird Monitoring........... 1 1 Other Areas--1....... Other Areas--1.
----------------------------------------------------------------------------------------------------------------
Other Areas: Elephant Seal Colony (SEFI), Sea Lion Cove (SEFI), Landing Cove (ANI), and Drakes Beach (PRNS).
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 proposed activity.
There is no evidence that Point Blue's planned activities could
result in injury, serious injury or mortality within the action area.
The required mitigation and monitoring measures will minimize any
potential risk for injury, serious injury, or mortality. Thus, we do
not propose to authorize any injury, serious injury or mortality. We
expect all potential takes to fall under the category of Level B
harassment only.
Encouraging and Coordinating Research
Point Blue will continue to coordinate monitoring of pinnipeds
during the research activities occurring on Southeast Farallon Island,
A[ntilde]o Nuevo Island, and Point Reyes National Seashore. Point Blue
conducts bone fide research on marine mammals, the results of which may
contribute to the basic knowledge of marine mammal biology or ecology,
or are likely to identify, evaluate, or resolve conservation problems.
Negligible Impact and Small Numbers Analyses and Determinations
We typically include our negligible impact and small numbers
analyses and determinations under the same section heading of our
Federal Register notices.
[[Page 66694]]
Despite co-locating these terms, we acknowledge that negligible impact
and small numbers are distinct standards under the MMPA and treat them
as such. The analyses presented below do not conflate the two
standards; instead, each standard has been considered independently and
we have applied the relevant factors to inform our negligible impact
and small numbers 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 injuries, serious injuries, or
mortalities;
(2) The number, nature, and intensity, and duration of Level B
harassment; and
(3) The context in which the takes occur (e.g., 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 proposed Authorization. For each species, these numbers
are small numbers (each, less than or equal to two percent) relative to
the population size. These incidental harassment numbers represent
approximately 1.82 percent of the U.S. stock of California sea lion,
1.74 percent of the California stock of Pacific harbor seal, 0.15
percent of the California breeding stock of northern elephant seal, and
0.04 percent of the eastern distinct population segment of Steller sea
lion.
For reasons stated previously in this document and based on the
following factors, Point Blue's specified activities are not likely to
cause long-term behavioral disturbance, abandonment of the haulout
area, injury, serious injury, or mortality because:
(1) The effects of the pinniped and seabird research activities
would be limited to short-term startle responses and localized
behavioral changes due to the short and sporadic duration of the
research activities. 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 availability of alternate areas for pinnipeds to avoid the
resultant acoustic and visual disturbances from the research
operations. Results from previous monitoring reports also show that the
pinnipeds returned to the various sites and did not permanently abandon
haul-out sites after Point Blue conducted their pinniped and research
activities.
(3) There is no potential for large-scale movements leading to
injury, serious injury, or mortality because the researchers must delay
ingress into the landing areas until after the pinnipeds present have
slowly entered the water.
(4) The limited access of Point Blue's researchers to Southeast
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National
Seashore during the pupping season.
We do not anticipate that any injuries, serious injuries, or
mortalities would occur as a result of Point Blue's proposed
activities, and we do not propose to authorize injury, serious injury
or mortality. These species may exhibit behavioral modifications,
including temporarily vacating the area during the proposed seabird and
pinniped research activities to avoid the resultant acoustic and visual
disturbances. Further, these proposed activities would not take place
in areas of significance for marine mammal feeding, resting, breeding,
or calving and would not adversely impact marine mammal habitat. 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 have preliminarily 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 MMPA also requires us to determine that
the taking 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 MMPA.
Endangered Species Act
On October 23, 2013 NMFS announced the removal of the eastern
distinct population segment of Steller sea lions from the list of
threatened species under the ESA. With the delisting, federal agencies
proposing actions that may affect the eastern Steller sea lions are no
longer required to consult with NMFS under section 7 of the ESA. This
delisting will be effective by the time that we make our final
determinations on the proposed issuance of an Authorization to Point
Blue.
National Environmental Policy Act (NEPA)
To meet our NEPA requirements for the issuance of an Authorization
to Point Blue, we intend to prepare an Environmental Assessment (EA)
titled ``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.'' Prior to making a final decision on the issuance of an
Authorization, we would decide whether or not to issue a Finding of No
Significant Impact (FONSI).
Proposed Authorization
As a result of these preliminary determinations, we propose to
authorize the take of marine mammals incidental to Point Blue's
proposed seabird and pinniped research activities in the northeast
Pacific Ocean, provided they incorporate the previously mentioned
mitigation, monitoring, and reporting requirements. The duration of the
Incidental harassment Authorization would not exceed one year from the
effective date.
Information Solicited
We request interested persons to submit comments and information
concerning this proposed take authorization (see ADDRESSES). Concurrent
with the publication of this notice in the Federal Register, we will
forward copies of this application to the Marine Mammal Commission and
its Committee of Scientific Advisors.
[[Page 66695]]
Dated: November 1, 2013.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2013-26596 Filed 11-5-13; 8:45 am]
BILLING CODE 3510-22-P