Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, California, 6179-6184 [2014-02164]
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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices
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FOR FURTHER INFORMATION CONTACT:
Justin Greenman, West Coast Region,
National Marine Fisheries Service, 501
W. Ocean Blvd., Long Beach, CA 90802.
Phone: 562–980–3264 Email:
justin.greenman@noaa.gov
SUPPLEMENTARY INFORMATION: The
MMPA, 16 U.S.C. 1361 et seq., allows
the entry into the United States of
yellowfin tuna harvested by purse seine
vessels in the ETP under certain
conditions. If requested by the
harvesting nation, the Assistant
Administrator will determine whether
to make an affirmative finding based
upon documentary evidence provided
by the government of the harvesting
nation, the IATTC, or the Department of
State.
The affirmative finding process
requires that the harvesting nation is
meeting its obligations under the IDCP
and obligations of membership in the
IATTC. Every 5 years, the government of
the harvesting nation must request an
affirmative finding and submit the
required documentary evidence directly
to the Assistant Administrator. On an
annual basis, NMFS reviews the
affirmative finding and determine
whether the harvesting nation continues
to meet the requirements. A nation may
provide information related to
compliance with IDCP and IATTC
measures directly to NMFS on an
annual basis or may authorize the
IATTC to release the information to
NMFS to annually renew an affirmative
finding determination without an
application from the harvesting nation.
An affirmative finding will be
terminated, in consultation with the
Secretary of State, if the Assistant
Administrator determines that the
requirements of 50 CFR 216.24(f) are no
longer being met or that a nation is
consistently failing to take enforcement
actions on violations, thereby
diminishing the effectiveness of the
IDCP.
As a part of the affirmative finding
process set forth in 50 CFR 216.24(f), the
Assistant Administrator considered
documentary evidence submitted by the
Government of El Salvador or obtained
from the IATTC and the Department of
State and has determined that El
Salvador has met the MMPA’s
requirements to receive a new 5-year
affirmative finding.
After consultation with the
Department of State, the Assistant
Administrator issued El Salvador’s new
5-year affirmative finding, allowing the
continued importation into the United
States of yellowfin tuna and products
derived from yellowfin tuna harvested
in the ETP by Salvadoran-flag purse
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seine vessels or purse seine vessels
operating under Salvadoran jurisdiction.
El Salvador’s affirmative finding will
remain valid through March 31, 2018.
Dated: January 24, 2014.
Samuel D. Rauch III,
Deputy Assistant Administrator for
Regulatory Programs, performing the
functions and duties of the Assistant
Administrator for Fisheries.
[FR Doc. 2014–02172 Filed 1–31–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XC350
Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance at Northwest Seal Rock,
Del Norte County, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
take authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that we, NMFS, have issued an
Incidental Harassment Authorization
(Authorization) to the St. George Reef
Lighthouse Preservation Society
(Society) to take four species of marine
mammals, by Level B harassment only,
incidental to conducting helicopter
operations, and lighthouse renovation
and light maintenance activities on the
St. George Reef Light Station on
Northwest Seal Rock (NWSR) offshore
of Crescent City, California in the
northeast Pacific Ocean, from the period
of November 2013 through December
2013.
SUMMARY:
This authorization is effective
from November 25, 2013, through
December 31, 2013.
ADDRESSES: A copy of the Authorization
and application are available by writing
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. An
electronic copy of the application
containing a list of the references used
in this document may be obtained by
writing to the above address,
telephoning the contact listed here (see
FOR FURTHER INFORMATION CONTACT) or
DATES:
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6179
visiting the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
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
MMPA 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
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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 May 8,
2012, from the Society for the taking by
harassment, of marine mammals,
incidental to conducting aircraft
operations and restoration and
maintenance activities on the St. George
Reef Light Station (Station) for the 2013
season. We determined that application
complete and adequate on November
27, 2012 and made the complete
application available for public
comment (see ADDRESSES) in January
2013.
The Society’s restoration activities
would: (1) Restore and preserve the
Station on a monthly basis (November
through December); and (2) perform
periodic, annual maintenance on the
Station’s optical light system. The
Station, which is listed in the National
Park Service’s National Register of
Historic Places, is located on NWSR
offshore of Crescent City, California in
the northeast Pacific Ocean.
The specified activities would occur
in the vicinity of a possible pinniped
haul out site located on NWSR.
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); (3) maintenance
activities (e.g., bulb replacement and
automation of the light system); and (4)
human presence, may have the potential
to cause any pinnipeds hauled out on
NWSR to flush into the surrounding
water or to cause a short-term
behavioral disturbance. These types of
disturbances are the principal means of
marine mammal taking associated with
these activities and the Society has
requested an authorization to take 204
California sea lions (Zalophus
californianus); 36 Pacific Harbor seals
(Phoca vitulina); 172 Steller sea lions
(Eumetopias jubatus); and six northern
fur seals (Callorhinus ursinus) by Level
B harassment.
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To date, we have issued three 1-year
Authorizations to the Society for the
conduct of the same activities from 2009
to 2012. This will be the Society’s fourth
Authorization for the same activities for
the remainder of the 2013 season.
Description of the Specified Activity
and Specified Geographic Region
The Society would conduct aircraft
operations, lighthouse restoration, and
light maintenance activities between
November 25, 2013, through December
31, 2013, at a maximum frequency of
one session per month. The duration for
each session would last no more than
three days (e.g., Friday, Saturday, and
Sunday).
The Station is located on a small,
rocky islet (41°50′24″ N, 124°22′06″ W)
approximately nine kilometers (km) (6.0
miles (mi)) in the northeast Pacific
Ocean, offshore of Crescent City,
California (Latitude: 41°46′48″ N;
Longitude: 124°14′11″ W).
We outlined the purpose of the
Society’s activities in a previous notice
for the proposed authorization (78 FR
1838, January 9, 2013). The proposed
activities have not changed between the
proposed authorization notice and this
final notice announcing the issuance of
the Authorization. For a more detailed
description of the authorized action,
including aircraft and acoustic source
specifications, the reader should refer to
the notice for the proposed
authorization (78 FR 1838, January 9,
2013).
Comments and Responses
We published a notice of receipt of
the Society’s application and proposed
Authorization in the Federal Register
on January 9, 2013 (78 FR 1838). During
the 30-day comment period, we
received one comment from the Marine
Mammal Commission (Commission)
which recommended that we issue the
requested Authorization, provided that
the required monitoring and mitigation
measures are carried out (e.g.,
restrictions on the timing and frequency
of activities, restrictions on helicopter
approaches, timing measures for
helicopter landings, and measures to
minimize acoustic and visual
disturbances) as described in the notice
of the proposed authorization (78 FR
1838, January 9, 2013) and the
application. We have included all
measures proposed in the notice of the
proposed authorization (78 FR 1838,
January 9, 2013) in the Authorization.
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammal species likely to
be harassed incidental to helicopter
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operations, lighthouse restoration, and
lighthouse maintenance on NWSR are
the California sea lion, the Pacific
harbor seal, and the eastern Pacific stock
of northern fur seal, and the eastern
Distinct Population Segment (DPS) of
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 in November,
2013. Steller sea lions and northern fur
seals are not listed as threatened or
endangered under the ESA but are
categorized as depleted under the
MMPA. California sea lions and Pacific
harbor seals are not listed as threatened
or endangered under the ESA nor are
they categorized as depleted under the
MMPA.
Potential Effects of the Activity on
Marine Mammals
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); and (3)
maintenance activities (e.g., bulb
replacement and automation of the light
system) may have the potential to cause
Level B harassment of any pinnipeds
hauled out on NWSR. The effects of
sounds from helicopter operations and/
or restoration and maintenance
activities might include one of the
following: temporary or permanent
hearing impairment or behavioral
disturbance (Southall, et al., 2007).
The notice for the proposed
Authorization (78 FR 1838, January 9,
2013) included a discussion of the
effects of sounds from: (1) The sound
levels produced by the helicopter; (2)
behavioral reactions (or lack thereof) of
pinnipeds to helicopter operations and
light construction noise; (3) hearing
impairment and other non-auditory
physical effects; (4) behavioral reactions
to visual stimuli; (5) and specific
observations gathered during previous
monitoring of the marine mammals
present on NWSR. We have reviewed
these data and determined them to be
the best available information for the
purposes of this Authorization.
To summarize, the effects of the
Society’s helicopter operations and
restoration activities on the marine
mammals present on NWSR would
range from no response to a short-term
startle response. These behavioral
changes have the potential to cause the
animals to haul-out leading to
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temporary displacement from the island
and we expect no permanent
abandonment of NWSR by the animals.
Finally, we anticipate that there will be
no instances of injury or mortality
during the project. No activities would
occur on pinniped rookeries and we do
not expect mother and pup separation
or crushing of pups to occur.
Anticipated Effects on Marine Mammal
Habitat
The notice for the proposed
Authorization (78 FR 1838, January 9,
2013) included a discussion of the
potential effects of this action on marine
mammal habitat, including
physiological and behavioral effects on
marine fish and invertebrates. While we
anticipate that the specified activity
may result in marine mammals avoiding
NWSR during the helicopter operations
and restoration activities, this impact to
habitat is temporary and reversible. We
consider the impacts of avoidance in the
notice for the proposed Authorization
(78 FR 1838, January 9, 2013) as
behavioral modification.
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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.
The Society has based the mitigation
measures which they will implement
during the proposed helicopter
operations and restoration activities, on
the following: (1) Protocols used during
previous Authorizations for helicopter
operations and restoration activities as
approved by us; (2) recommended best
practices in Richardson et al. (1995);
and (3) reasonable and prudent
measures implemented by the terms and
conditions of previous section 7 ESA
Biological Opinion (BiOp) Incidental
Take Statement (ITS).
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with the activities,
the Society and/or its designees will
implement the following mitigation
measures for marine mammals:
(1) Limit the time and frequency of
the restoration activities;
(2) Employ helicopter approach and
timing techniques; and
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(3) Avoidance of visual and acoustic
contact with marine mammals by the
Society and/or its designees.
Time and Frequency: The Society will
conduct lighthouse restoration activities
at maximum frequency of once per
month between November 25, 2013
through December 31, 2013. Each
restoration session will last no more
than three days. Maintenance of the
light beacon will occur only in
conjunction with restoration activities.
Helicopter Approach and Timing
Techniques: The Society shall ensure
that helicopter approach patterns to the
lighthouse will be such that the timing
techniques are least disturbing to
marine mammals. To the extent
possible, the helicopter should
approach NWSR when the tide is too
high for the marine mammals to haulout
on NWSR.
Since the most severe impacts
(stampede) are precipitated by rapid and
direct helicopter approaches, initial
approach to the Station must be offshore
from the island at a relatively high
altitude (e.g., 244–305 meters; 800–
1,000 feet,). Before the final approach,
the helicopter shall circle lower, and
approach from area where the density of
pinnipeds is the lowest. If for any safety
reasons (e.g., wind condition) such
helicopter approach and timing
techniques cannot be achieved, the
Society must abort the restoration and
maintenance activities for that day.
Avoidance of Visual and Acoustic
Contact with Marine Mammals: The
Society’s members and restoration
crews shall be instructed to avoid
making unnecessary noise and not
expose themselves visually to pinnipeds
around the base of the lighthouse. The
door to the lower platform (which is
used at times by pinnipeds) shall
remain closed and barricaded.
Mitigation Conclusions
We have carefully evaluated the
Society’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
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(3) The practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s mitigation measures, we
have determined that the mitigation
measures provide the means of effecting
the least practicable adverse impacts on
marine mammals species or stocks and
their habitat, paying particular attention
to rookeries, mating grounds, and areas
of similar significance.
Monitoring
In order to issue an 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
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.
The Society continues to sponsor
marine mammal monitoring to
implement the mitigation measures that
require real-time monitoring and to
satisfy the monitoring requirements of
the incidental harassment authorization.
At least once during the period between
November 15, 2013 through December
31, 2013, the Society will have a
qualified biologist present during all
three workdays at the Station. The
biologist shall document use of the
island by the pinnipeds, frequency, (i.e.,
dates, time, tidal height, species,
numbers present, and any disturbances),
and note any responses to potential
disturbances. In the event of any
observed Steller sea lion injury,
mortality, or the presence of newborn
pup, the Society will notify the NMFS
SWRO Administrator and the NMFS
Director of Office of Protected Resources
immediately.
Aerial photographic surveys may
provide the most accurate means of
documenting species composition, age
and sex class of pinnipeds using the
project site during human activity
periods. The Society will photograph
the island from the same helicopter
used to transport the Society’s
personnel to the island during
restoration trips. A skilled photographer
shall take photographs of all marine
mammals hauled out on the island at an
altitude greater than 300 meters (984
feet), prior to the first landing on each
visit included in the monitoring
program. The Society will provide to us
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photographic documentation of marine
mammals present at the end of each
three-day work session for a before and
after comparison. The Society will
forward these photographs to a biologist
capable of discerning marine mammal
species.
The Society shall provide the data to
NMFS in the form of a report with a
data table, any other significant
observations related to marine
mammals, and a report of restoration
activities (see Reporting). The Society
will also provide the original
photographs to us or other marine
mammal experts for inspection and
further analysis.
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Reporting
The Society’s personnel will record
data to document the number of marine
mammals exposed to helicopter noise
and to document apparent disturbance
reactions or lack thereof. The Society
and NMFS will use the data to estimate
numbers of animals potentially taken by
Level B harassment.
Interim Monitoring Report
The Society will submit interim
monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of
Office of Protected Resources no later
than 30 days after the conclusion of
each monthly session. The interim
report will describe the operations that
were conducted and sightings of marine
mammals near the project. The report
will provide full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the Authorization and full
documentation of methods, results, and
interpretation pertaining to all
monitoring.
Final Monitoring Report
In addition to the interim reports, the
Society will submit a draft Final
Monitoring Report to us no later than 90
days after the project is completed to the
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Regional Administrator and the Director
of Office of Protected Resources at
NMFS Headquarters. Within 30 days
after receiving comments from NMFS on
the draft Final Monitoring Report, the
Society must submit a Final Monitoring
Report to the Regional Administrator
and the NMFS Director of Office of
Protected Resources. If the Society
receives no comments from us on the
draft Final Monitoring Report, we will
consider the draft Final Monitoring
Report to be the final version.
The final report will provide:
(i) A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
(ii) Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
(iii) An estimate of the number (by
species) of marine mammals that are
known to have been exposed to acoustic
stimuli associated with the helicopter
operations, restoration and maintenance
activities.
(iv) A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the 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., stampede), the Society shall
immediately cease the specified
activities and immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov).
The report must include the following
information:
• Time, date, and location (latitude/
longitude) of the incident;
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
Activities will not resume until we
are able to review the circumstances of
the prohibited take. We will work with
the Society to determine what is
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necessary to minimize the likelihood of
further prohibited take and ensure
MMPA compliance. The Society may
not resume their activities until notified
by us via letter, email, or telephone.
In the event that the Society discovers
an injured or dead marine mammal, and
the biologist (if present) determines that
the cause of the injury or death is
unknown and the death is relatively
recent (i.e., in less than a moderate state
of decomposition as described in the
next paragraph), the Society will
immediately report the incident to the
Chief of the Permits and Conservation
Division, Office of Protected Resources,
NMFS, at (301) 427–8401 and/or by
email to Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov). The report
must include the same information
identified in the paragraph above.
Activities may continue while we
review the circumstances of the
incident. We will work with the Society
to determine whether modifications in
the activities are appropriate.
In the event that the Society discovers
an injured or dead marine mammal, and
the lead biologist (if present) determines
that the injury or death is not associated
with or related to the activities
authorized in the Authorization (e.g.,
previously wounded animal, carcass
with moderate to advanced
decomposition, or scavenger damage),
the Society will report the incident to
the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, at (301)
427–8401 and/or by email to
Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the
Southwest Regional Stranding
Coordinator at (562) 980–3230
(Sarah.Wilkin@noaa.gov), within 24
hours of the discovery. The Society will
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to 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].
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We anticipate and authorize take by
Level B harassment only for the
proposed helicopter operations and
restoration and maintenance activities
on NWSR. 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.
Based on pinniped survey counts
conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000
(CCR, 2001), we estimate that
approximately 204 California sea lions
(calculated by multiplying the average
monthly abundance of California sea
lions (zero in April, 1997 and 34 in
April, 1998) present on NWSR by 6
months of the restoration and
maintenance activities), 172 Steller sea
lions (NMFS’ estimate of the maximum
number of Steller sea lions that could be
present on NWSR with a 95-percent
confidence interval), 36 Pacific harbor
seals (calculated by multiplying the
maximum number of harbor seals
present on NWSR (6) by 6 months), and
6 northern fur seals (calculated by
multiplying the maximum number of
northern fur seals present on NWSR (1)
by 6 months) could be potentially
affected by Level B behavioral
harassment over the course of the
Authorization. Estimates of the numbers
of marine mammals that might be
affected are based on consideration of
the number of marine mammals that
could be disturbed appreciably by
approximately 51 hours of aircraft
operations during the course of the
activity. For this Authorization, we
authorize the take of 204 California sea
lions, 172 Stellar sea lions, 36 Pacific
harbor seals, and 6 northern fur seals.
There is no evidence that the
Society’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
The Society will continue to
coordinate monitoring of pinnipeds
during the helicopter operations and
restoration activities which contribute
to the basic knowledge of marine
mammal biology on NWSR.
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20:46 Jan 31, 2014
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Negligible Impact and Small Numbers
Analysis and Determination
We typically include our negligible
impact and small numbers analyses and
determinations under the same section
heading of our Federal Register notices.
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 this
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 take numbers represent
approximately 0.14 percent of the U.S.
stock of California sea lion, 0.42 percent
of the eastern U.S. stock of Steller sea
lion, 0.11 percent of the California stock
of Pacific harbor seals, and 0.06 percent
of the San Miguel Island stock of
northern fur seal.
For reasons stated previously in this
document and in the notice for the
proposed Authorization (78 FR 1838,
January 9, 2013), the specified activities
associated with the Society’s helicopter
operations and restoration/maintenance
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6183
activities are not likely to cause
permanent threshold shift, or other nonauditory injury, serious injury, or death
because:
(1) The likelihood that, given
sufficient notice through relatively slow
helicopter approaches, we expect
marine mammals to gradually move
away from a noise source that is
annoying prior to its becoming
potentially injurious; and
(2) The potential for temporary or
permanent hearing impairment is
relatively low and would likely be
avoided through the incorporation of
the required monitoring and mitigation
measures.
We do not anticipate takes by Level A
harassment, serious injury, or mortality
to occur as a result of the Society’s
specified activities. We are not
authorizing Level A harassment for this
specified activity. We only anticipate
short-term behavioral disturbance to
occur due to the brief and sporadic
duration of the activities; the
availability of alternate areas near
NWSR for marine mammals to avoid the
resultant acoustic disturbance; and
limited access to NWSR during the
pupping season.
These species may exhibit behavioral
modifications, including temporarily
vacating the area during the proposed
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
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
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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Notices
the study area (northeastern Pacific
Ocean) that implicate section
101(a)(5)(D) of the MMPA.
Endangered Species Act (ESA)
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.
mstockstill on DSK4VPTVN1PROD with NOTICES
National Environmental Policy Act
(NEPA)
To meet our NEPA requirements for
the issuance of an Authorization to the
Society, we prepared an Environmental
Assessment (EA) in 2010 that was
specific to conducting aircraft
operations and restoration and
maintenance work on the St. George
Reef Light Station. The EA, titled
‘‘Issuance of an Incidental Harassment
Authorization to Take Marine Mammals
by Harassment Incidental to Conducting
Aircraft Operations, Lighthouse
Restoration and Maintenance Activities
on St. George Reef Lighthouse Station in
Del Norte County, California,’’ evaluated
the impacts on the human environment
of our authorization of incidental Level
B harassment resulting from the
specified activity in the specified
geographic region. At that time, we
concluded that issuance of an
Authorization November 1 through
April 30, annually would not
significantly affect the quality of the
human environment and issued a
Finding of No Significant Impact
(FONSI) for the 2010 EA regarding the
Society’s activities. In conjunction with
the Society’s 2013 application, we have
again reviewed the 2010 EA and
determined that there are no new direct,
indirect or cumulative impacts to the
human and natural environment
associated with the Authorization
requiring evaluation in a supplemental
EA and NMFS, therefore, reaffirms the
2010 FONSI. An electronic copy of the
EA and the FONSI for this activity is
available upon request (see ADDRESSES).
Determinations
We have determined that the impact
of conducting the specific helicopter
operations and restoration activities
described in this notice and in the
Authorization request in the specific
geographic region in the northeastern
Pacific Ocean may result, at worst, in a
temporary modification in behavior
(Level B harassment) of small numbers
of marine mammals. Further, this
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20:46 Jan 31, 2014
Jkt 232001
activity is expected to result in a
negligible impact on the affected species
or stocks of marine mammals. The
provision requiring that the activity not
have an unmitigable impact on the
availability of the affected species or
stock of marine mammals for
subsistence uses is not implicated for
this action.
Authorization
As a result of these determinations,
we, NMFS, have issued an Incidental
Harassment Authorization to the Society
to conduct helicopter operations and
restoration and maintenance work on
the St. George Reef Light Station on
Northwest Seal Rock in the northeast
Pacific Ocean from the period of
November 25, 2013, through December
31, 2013, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: January 29, 2014.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2014–02164 Filed 1–31–14; 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, 2014–2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, we hereby give
notification that the National Marine
Fisheries Service has issued an
Incidental Harassment Authorization
(IHA) to Point Blue Conservation
Science (Point Blue), to take marine
mammals, by Level B harassment,
incidental to conducting seabird and
pinniped research activities in central
California, January 2014 through
January 2015.
DATES: Effective January 31, 2014,
through January 30, 2015.
ADDRESSES: The public may obtain an
electronic copy of the Point Blue’s
application, supporting documentation,
the authorization, and a list of the
SUMMARY:
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Frm 00041
Fmt 4703
Sfmt 4703
references cited in this document by
visiting: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications. In
the case of problems accessing these
documents, please call the contact listed
here (see FOR FURTHER INFORMATION
CONTACT).
The Environmental Assessment and
associated Finding of No Significant
Impact, prepared pursuant to the
National Environmental Policy Act of
1969, are also available at the same site.
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 grant an 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). Also,
the authorization must set forth the
permissible methods of taking 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.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
Summary of Request
We received an application on July
17, 2013, from Point Blue requesting the
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]]>Agencies
[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6179-6184]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-02164]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC350
Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance at Northwest Seal
Rock, Del Norte County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that we, NMFS, have issued an Incidental Harassment Authorization
(Authorization) to the St. George Reef Lighthouse Preservation Society
(Society) to take four species of marine mammals, by Level B harassment
only, incidental to conducting helicopter operations, and lighthouse
renovation and light maintenance activities on the St. George Reef
Light Station on Northwest Seal Rock (NWSR) offshore of Crescent City,
California in the northeast Pacific Ocean, from the period of November
2013 through December 2013.
DATES: This authorization is effective from November 25, 2013, through
December 31, 2013.
ADDRESSES: A copy of the Authorization and application are available by
writing 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. An electronic copy of the
application containing a list of the references used in this document
may be obtained by writing to the above address, telephoning the
contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting
the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
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 MMPA 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
[[Page 6180]]
Federal Register within 30 days of our determination to issue or deny
the authorization.
Except with respect to certain activities not pertinent here, the
Marine Mammal Protection Act defines ``harassment'' as: any act of
pursuit, torment, or annoyance which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild [Level A harassment];
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering [Level B harassment].
Summary of Request
We received an application on May 8, 2012, from the Society for the
taking by harassment, of marine mammals, incidental to conducting
aircraft operations and restoration and maintenance activities on the
St. George Reef Light Station (Station) for the 2013 season. We
determined that application complete and adequate on November 27, 2012
and made the complete application available for public comment (see
ADDRESSES) in January 2013.
The Society's restoration activities would: (1) Restore and
preserve the Station on a monthly basis (November through December);
and (2) perform periodic, annual maintenance on the Station's optical
light system. The Station, which is listed in the National Park
Service's National Register of Historic Places, is located on NWSR
offshore of Crescent City, California in the northeast Pacific Ocean.
The specified activities would occur in the vicinity of a possible
pinniped haul out site located on NWSR. Acoustic and visual stimuli
generated by: (1) Helicopter landings/takeoffs; (2) noise generated
during restoration activities (e.g., painting, plastering, welding, and
glazing); (3) maintenance activities (e.g., bulb replacement and
automation of the light system); and (4) human presence, may have the
potential to cause any pinnipeds hauled out on NWSR to flush into the
surrounding water or to cause a short-term behavioral disturbance.
These types of disturbances are the principal means of marine mammal
taking associated with these activities and the Society has requested
an authorization to take 204 California sea lions (Zalophus
californianus); 36 Pacific Harbor seals (Phoca vitulina); 172 Steller
sea lions (Eumetopias jubatus); and six northern fur seals (Callorhinus
ursinus) by Level B harassment.
To date, we have issued three 1-year Authorizations to the Society
for the conduct of the same activities from 2009 to 2012. This will be
the Society's fourth Authorization for the same activities for the
remainder of the 2013 season.
Description of the Specified Activity and Specified Geographic Region
The Society would conduct aircraft operations, lighthouse
restoration, and light maintenance activities between November 25,
2013, through December 31, 2013, at a maximum frequency of one session
per month. The duration for each session would last no more than three
days (e.g., Friday, Saturday, and Sunday).
The Station is located on a small, rocky islet (41[deg]50'24'' N,
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi))
in the northeast Pacific Ocean, offshore of Crescent City, California
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W).
We outlined the purpose of the Society's activities in a previous
notice for the proposed authorization (78 FR 1838, January 9, 2013).
The proposed activities have not changed between the proposed
authorization notice and this final notice announcing the issuance of
the Authorization. For a more detailed description of the authorized
action, including aircraft and acoustic source specifications, the
reader should refer to the notice for the proposed authorization (78 FR
1838, January 9, 2013).
Comments and Responses
We published a notice of receipt of the Society's application and
proposed Authorization in the Federal Register on January 9, 2013 (78
FR 1838). During the 30-day comment period, we received one comment
from the Marine Mammal Commission (Commission) which recommended that
we issue the requested Authorization, provided that the required
monitoring and mitigation measures are carried out (e.g., restrictions
on the timing and frequency of activities, restrictions on helicopter
approaches, timing measures for helicopter landings, and measures to
minimize acoustic and visual disturbances) as described in the notice
of the proposed authorization (78 FR 1838, January 9, 2013) and the
application. We have included all measures proposed in the notice of
the proposed authorization (78 FR 1838, January 9, 2013) in the
Authorization.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammal species likely to be harassed incidental to
helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR are the California sea lion, the Pacific harbor
seal, and the eastern Pacific stock of northern fur seal, and the
eastern Distinct Population Segment (DPS) of 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
in November, 2013. Steller sea lions and northern fur seals are not
listed as threatened or endangered under the ESA but are categorized as
depleted under the MMPA. California sea lions and Pacific harbor seals
are not listed as threatened or endangered under the ESA nor are they
categorized as depleted under the MMPA.
Potential Effects of the Activity on Marine Mammals
Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause Level B harassment of any pinnipeds
hauled out on NWSR. The effects of sounds from helicopter operations
and/or restoration and maintenance activities might include one of the
following: temporary or permanent hearing impairment or behavioral
disturbance (Southall, et al., 2007).
The notice for the proposed Authorization (78 FR 1838, January 9,
2013) included a discussion of the effects of sounds from: (1) The
sound levels produced by the helicopter; (2) behavioral reactions (or
lack thereof) of pinnipeds to helicopter operations and light
construction noise; (3) hearing impairment and other non-auditory
physical effects; (4) behavioral reactions to visual stimuli; (5) and
specific observations gathered during previous monitoring of the marine
mammals present on NWSR. We have reviewed these data and determined
them to be the best available information for the purposes of this
Authorization.
To summarize, the effects of the Society's helicopter operations
and restoration activities on the marine mammals present on NWSR would
range from no response to a short-term startle response. These
behavioral changes have the potential to cause the animals to haul-out
leading to
[[Page 6181]]
temporary displacement from the island and we expect no permanent
abandonment of NWSR by the animals. Finally, we anticipate that there
will be no instances of injury or mortality during the project. No
activities would occur on pinniped rookeries and we do not expect
mother and pup separation or crushing of pups to occur.
Anticipated Effects on Marine Mammal Habitat
The notice for the proposed Authorization (78 FR 1838, January 9,
2013) included a discussion of the potential effects of this action on
marine mammal habitat, including physiological and behavioral effects
on marine fish and invertebrates. While we anticipate that the
specified activity may result in marine mammals avoiding NWSR during
the helicopter operations and restoration activities, this impact to
habitat is temporary and reversible. We consider the impacts of
avoidance in the notice for the proposed Authorization (78 FR 1838,
January 9, 2013) as behavioral modification.
Mitigation
In order to issue an incidental take authorization under section
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the
permissible methods of taking pursuant to such activity, and other
means of effecting the least practicable adverse impact on such species
or stock and its habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance, and the availability
of such species or stock for taking for certain subsistence uses.
The Society has based the mitigation measures which they will
implement during the proposed helicopter operations and restoration
activities, on the following: (1) Protocols used during previous
Authorizations for helicopter operations and restoration activities as
approved by us; (2) recommended best practices in Richardson et al.
(1995); and (3) reasonable and prudent measures implemented by the
terms and conditions of previous section 7 ESA Biological Opinion
(BiOp) Incidental Take Statement (ITS).
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities, the Society and/or its
designees will implement the following mitigation measures for marine
mammals:
(1) Limit the time and frequency of the restoration activities;
(2) Employ helicopter approach and timing techniques; and
(3) Avoidance of visual and acoustic contact with marine mammals by
the Society and/or its designees.
Time and Frequency: The Society will conduct lighthouse restoration
activities at maximum frequency of once per month between November 25,
2013 through December 31, 2013. Each restoration session will last no
more than three days. Maintenance of the light beacon will occur only
in conjunction with restoration activities.
Helicopter Approach and Timing Techniques: The Society shall ensure
that helicopter approach patterns to the lighthouse will be such that
the timing techniques are least disturbing to marine mammals. To the
extent possible, the helicopter should approach NWSR when the tide is
too high for the marine mammals to haulout on NWSR.
Since the most severe impacts (stampede) are precipitated by rapid
and direct helicopter approaches, initial approach to the Station must
be offshore from the island at a relatively high altitude (e.g., 244-
305 meters; 800-1,000 feet,). Before the final approach, the helicopter
shall circle lower, and approach from area where the density of
pinnipeds is the lowest. If for any safety reasons (e.g., wind
condition) such helicopter approach and timing techniques cannot be
achieved, the Society must abort the restoration and maintenance
activities for that day.
Avoidance of Visual and Acoustic Contact with Marine Mammals: The
Society's members and restoration crews shall be instructed to avoid
making unnecessary noise and not expose themselves visually to
pinnipeds around the base of the lighthouse. The door to the lower
platform (which is used at times by pinnipeds) shall remain closed and
barricaded.
Mitigation Conclusions
We have carefully evaluated the Society'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 the applicant's mitigation measures, we
have determined that the mitigation measures provide the means of
effecting the least practicable adverse impacts on marine mammals
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance.
Monitoring
In order to issue an 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 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.
The Society continues to sponsor marine mammal monitoring to
implement the mitigation measures that require real-time monitoring and
to satisfy the monitoring requirements of the incidental harassment
authorization. At least once during the period between November 15,
2013 through December 31, 2013, the Society will have a qualified
biologist present during all three workdays at the Station. The
biologist shall document use of the island by the pinnipeds, frequency,
(i.e., dates, time, tidal height, species, numbers present, and any
disturbances), and note any responses to potential disturbances. In the
event of any observed Steller sea lion injury, mortality, or the
presence of newborn pup, the Society will notify the NMFS SWRO
Administrator and the NMFS Director of Office of Protected Resources
immediately.
Aerial photographic surveys may provide the most accurate means of
documenting species composition, age and sex class of pinnipeds using
the project site during human activity periods. The Society will
photograph the island from the same helicopter used to transport the
Society's personnel to the island during restoration trips. A skilled
photographer shall take photographs of all marine mammals hauled out on
the island at an altitude greater than 300 meters (984 feet), prior to
the first landing on each visit included in the monitoring program. The
Society will provide to us
[[Page 6182]]
photographic documentation of marine mammals present at the end of each
three-day work session for a before and after comparison. The Society
will forward these photographs to a biologist capable of discerning
marine mammal species.
The Society shall provide the data to NMFS in the form of a report
with a data table, any other significant observations related to marine
mammals, and a report of restoration activities (see Reporting). The
Society will also provide the original photographs to us or other
marine mammal experts for inspection and further analysis.
Reporting
The Society's personnel will record data to document the number of
marine mammals exposed to helicopter noise and to document apparent
disturbance reactions or lack thereof. The Society and NMFS will use
the data to estimate numbers of animals potentially taken by Level B
harassment.
Interim Monitoring Report
The Society will submit interim monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of Office of Protected Resources no
later than 30 days after the conclusion of each monthly session. The
interim report will describe the operations that were conducted and
sightings of marine mammals near the project. The report will provide
full documentation of methods, results, and interpretation pertaining
to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the Authorization and full
documentation of methods, results, and interpretation pertaining to all
monitoring.
Final Monitoring Report
In addition to the interim reports, the Society will submit a draft
Final Monitoring Report to us no later than 90 days after the project
is completed to the Regional Administrator and the Director of Office
of Protected Resources at NMFS Headquarters. Within 30 days after
receiving comments from NMFS on the draft Final Monitoring Report, the
Society must submit a Final Monitoring Report to the Regional
Administrator and the NMFS Director of Office of Protected Resources.
If the Society receives no comments from us on the draft Final
Monitoring Report, we will consider the draft Final Monitoring Report
to be the final version.
The final report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the 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., stampede), the Society shall
immediately cease the specified activities and immediately report the
incident to the Chief of the Permits and Conservation Division, Office
of Protected Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov).
The report must include the following information:
Time, date, and location (latitude/longitude) of the
incident;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until we are able to review the
circumstances of the prohibited take. We will work with the Society to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The Society may not resume
their activities until notified by us via letter, email, or telephone.
In the event that the Society discovers an injured or dead marine
mammal, and the biologist (if present) determines that the cause of the
injury or death is unknown and the death is relatively recent (i.e., in
less than a moderate state of decomposition as described in the next
paragraph), the Society will immediately report the incident to the
Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov). The report must include the same information
identified in the paragraph above. Activities may continue while we
review the circumstances of the incident. We will work with the Society
to determine whether modifications in the activities are appropriate.
In the event that the Society discovers an injured or dead marine
mammal, and the lead biologist (if present) determines that the injury
or death is not associated with or related to the activities authorized
in the Authorization (e.g., previously wounded animal, carcass with
moderate to advanced decomposition, or scavenger damage), the Society
will report the incident to the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS, at (301) 427-8401 and/or
by email to Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the
Southwest Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov), within 24 hours of the discovery. The Society
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to 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].
[[Page 6183]]
We anticipate and authorize take by Level B harassment only for the
proposed helicopter operations and restoration and maintenance
activities on NWSR. 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.
Based on pinniped survey counts conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), we estimate that
approximately 204 California sea lions (calculated by multiplying the
average monthly abundance of California sea lions (zero in April, 1997
and 34 in April, 1998) present on NWSR by 6 months of the restoration
and maintenance activities), 172 Steller sea lions (NMFS' estimate of
the maximum number of Steller sea lions that could be present on NWSR
with a 95-percent confidence interval), 36 Pacific harbor seals
(calculated by multiplying the maximum number of harbor seals present
on NWSR (6) by 6 months), and 6 northern fur seals (calculated by
multiplying the maximum number of northern fur seals present on NWSR
(1) by 6 months) could be potentially affected by Level B behavioral
harassment over the course of the Authorization. Estimates of the
numbers of marine mammals that might be affected are based on
consideration of the number of marine mammals that could be disturbed
appreciably by approximately 51 hours of aircraft operations during the
course of the activity. For this Authorization, we authorize the take
of 204 California sea lions, 172 Stellar sea lions, 36 Pacific harbor
seals, and 6 northern fur seals.
There is no evidence that the Society'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
The Society will continue to coordinate monitoring of pinnipeds
during the helicopter operations and restoration activities which
contribute to the basic knowledge of marine mammal biology on NWSR.
Negligible Impact and Small Numbers Analysis and Determination
We typically include our negligible impact and small numbers
analyses and determinations under the same section heading of our
Federal Register notices. 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 this 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 take numbers represent
approximately 0.14 percent of the U.S. stock of California sea lion,
0.42 percent of the eastern U.S. stock of Steller sea lion, 0.11
percent of the California stock of Pacific harbor seals, and 0.06
percent of the San Miguel Island stock of northern fur seal.
For reasons stated previously in this document and in the notice
for the proposed Authorization (78 FR 1838, January 9, 2013), the
specified activities associated with the Society's helicopter
operations and restoration/maintenance activities are not likely to
cause permanent threshold shift, or other non-auditory injury, serious
injury, or death because:
(1) The likelihood that, given sufficient notice through relatively
slow helicopter approaches, we expect marine mammals to gradually move
away from a noise source that is annoying prior to its becoming
potentially injurious; and
(2) The potential for temporary or permanent hearing impairment is
relatively low and would likely be avoided through the incorporation of
the required monitoring and mitigation measures.
We do not anticipate takes by Level A harassment, serious injury,
or mortality to occur as a result of the Society's specified
activities. We are not authorizing Level A harassment for this
specified activity. We only anticipate short-term behavioral
disturbance to occur due to the brief and sporadic duration of the
activities; the availability of alternate areas near NWSR for marine
mammals to avoid the resultant acoustic disturbance; and limited access
to NWSR during the pupping season.
These species may exhibit behavioral modifications, including
temporarily vacating the area during the proposed 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
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
[[Page 6184]]
the study area (northeastern Pacific Ocean) that implicate section
101(a)(5)(D) of the MMPA.
Endangered Species Act (ESA)
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.
National Environmental Policy Act (NEPA)
To meet our NEPA requirements for the issuance of an Authorization
to the Society, we prepared an Environmental Assessment (EA) in 2010
that was specific to conducting aircraft operations and restoration and
maintenance work on the St. George Reef Light Station. The EA, titled
``Issuance of an Incidental Harassment Authorization to Take Marine
Mammals by Harassment Incidental to Conducting Aircraft Operations,
Lighthouse Restoration and Maintenance Activities on St. George Reef
Lighthouse Station in Del Norte County, California,'' evaluated the
impacts on the human environment of our authorization of incidental
Level B harassment resulting from the specified activity in the
specified geographic region. At that time, we concluded that issuance
of an Authorization November 1 through April 30, annually would not
significantly affect the quality of the human environment and issued a
Finding of No Significant Impact (FONSI) for the 2010 EA regarding the
Society's activities. In conjunction with the Society's 2013
application, we have again reviewed the 2010 EA and determined that
there are no new direct, indirect or cumulative impacts to the human
and natural environment associated with the Authorization requiring
evaluation in a supplemental EA and NMFS, therefore, reaffirms the 2010
FONSI. An electronic copy of the EA and the FONSI for this activity is
available upon request (see ADDRESSES).
Determinations
We have determined that the impact of conducting the specific
helicopter operations and restoration activities described in this
notice and in the Authorization request in the specific geographic
region in the northeastern Pacific Ocean may result, at worst, in a
temporary modification in behavior (Level B harassment) of small
numbers of marine mammals. Further, this activity is expected to result
in a negligible impact on the affected species or stocks of marine
mammals. The provision requiring that the activity not have an
unmitigable impact on the availability of the affected species or stock
of marine mammals for subsistence uses is not implicated for this
action.
Authorization
As a result of these determinations, we, NMFS, have issued an
Incidental Harassment Authorization to the Society to conduct
helicopter operations and restoration and maintenance work on the St.
George Reef Light Station on Northwest Seal Rock in the northeast
Pacific Ocean from the period of November 25, 2013, through December
31, 2013, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: January 29, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-02164 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-22-P
