Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, California, 9170-9182 [2014-03379]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 32 (Tuesday, February 18, 2014)]
[Notices]
[Pages 9170-9182]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-03379]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD087


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; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from the St. George Reef 
Lighthouse Preservation Society (Society), for an Incidental Harassment 
Authorization (Authorization) to take marine mammals, by harassment 
incidental to conducting aircraft operations, lighthouse renovation, 
and light maintenance activities on the St. George Reef Light Station 
on Northwest Seal Rock (NWSR) in the northeast Pacific Ocean. The 
proposed dates for this action would be April 2014 through March 2015. 
Per the Marine Mammal Protection Act, we are requesting comments on our 
proposal to issue an Authorization to the Society to incidentally take, 
by Level B harassment only, marine mammals during the specified 
activity.

DATES: Comments and information must be received on or before March 20, 
2014.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, Supervisor, Incidental Take Program, 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-XD087 in the subject line. Comments sent via email to 
ITP.Cody@noaa.gov, including all attachments, must not exceed a 25-
megabyte file size. NMFS is not responsible for email comments sent to 
other addresses other than the one provided here.
    Instructions: All submitted comments are a part of the public 
record and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal 
Identifying Information (for example, name, address, etc.) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.
    To obtain an electronic copy of the application containing a list 
of the references used in this document, write to the previously 
mentioned address, telephone the contact listed here (see FOR FURTHER 
INFORMATION CONTACT), or visit the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    The Environmental Assessment (EA) specific to conducting aircraft 
operations, restoration, and maintenance work on the light station is 
also available at the same internet address. Information in the EA and 
this notice collectively provide the environmental information related 
to the proposed issuance of the Authorization for public review and 
comment. The public may also view documents cited in this notice, by 
appointment, during regular business hours, at the aforementioned 
address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of 
Protected Resources, NMFS (301) 713-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972, 
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of 
Commerce to allow, upon request, the incidental, but not intentional, 
taking of small numbers of marine mammals of a species or population 
stock, by United States citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if, after notice of a proposed authorization to the public for review 
and public comment: (1) We make certain findings; and (2) the taking is 
limited to harassment.
    An authorization shall be granted for the incidental taking of 
small numbers of marine mammals if NMFS finds 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 
also set forth the permissible methods of taking; other means of 
effecting the least practicable adverse impact on the species or stock 
and its habitat; and requirements pertaining to the mitigation, 
monitoring and reporting of such taking. NMFS has defined ``negligible 
impact'' in 50 CFR 216.103 as ``an impact resulting from the specified 
activity that cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the species or stock through effects on 
annual rates of recruitment or survival.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].

Summary of Request

    On December 14, 2013, NMFS received an application from the Society 
requesting that we issue an Authorization for the take of marine 
mammals, incidental to conducting restoration activities on the St. 
George Reef Light Station (Station) located on Northwest Seal Rock 
offshore of Crescent City, California in the northeast Pacific Ocean. 
NMS determined the application complete and adequate on January 13, 
2014.
    The Society proposes to conduct aircraft operations, lighthouse 
renovation, and periodic maintenance on the Station's optical light 
system on a monthly basis. The proposed activity would occur on a 
monthly basis over one weekend, April 1 through April 30, 2014 and 
November 1, 2014, through

[[Page 9171]]

February 28, 2015. The following specific aspects of the proposed 
activities have the potential to take marine mammals: (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. Thus, we anticipate that take, by Level B 
harassment only, of California sea lions (Zalophus californianus); 
Pacific harbor seals (Phoca vitulina); Steller sea lions (Eumetopias 
jubatus) of the eastern U.S. Stock; and northern fur seals (Callorhinus 
ursinus) could result from the specified activity.
    To date, we have issued four, Authorizations to the Society for the 
conduct of the same activities from 2010 to 2013 (75 FR 4774, January 
29, 2010; 76 FR 10564, February 25, 2011; 77 FR 8811, February 15, 
2012; and 79 FR 6179, February 3, 2014). This is the Society's fifth 
request for an annual Authorization as their last Authorization expired 
on December 31, 2013.

Description of the Specified Activity

Overview

    The Station, listed in the National Park Service's National 
Register of Historic Places, is located on Northwest Seal Rock offshore 
of Crescent City, California in the northeast Pacific Ocean. The 
Station, built in 1892, rises 45.7 meters (m) (150 feet (ft)) above sea 
level. The structure consists of hundreds of granite blocks topped with 
a cast iron lantern room and covers much of the surface of the islet. 
The purpose of the project is to restore the lighthouse and to conduct 
annual and emergency maintenance on the Station's optical light system.

Dates and Duration

    The Society proposes to conduct the activities (aircraft 
operations, lighthouse restoration, and maintenance activities) from 
the period of April 1, 2014 through March 31, 2015, at a maximum 
frequency of one session per month. The proposed duration for each 
session would last no more than three days (e.g., Friday, Saturday, and 
Sunday). The proposed Authorization, if issued, would be effective from 
April 1, 2014 through April 30, 2014 and November 1, 2014, through 
March 31, 2015.
    We refer the reader to the Detailed Description of Activities 
section later in this notice for more information on the scope of the 
proposed activities.

Specified Geographic Region

    The Station is located on a small, rocky islet (41[deg]50'24'' N, 
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi)) 
in the northeast Pacific Ocean, offshore of Crescent City, California 
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W). NWSR is 
approximately 91.4 m (300 ft) in diameter that peaks at 5.18 m (17 ft) 
above mean sea level.

Detailed Description of Activities

Aircraft Operations
    Because Northwest Seal Rock has no safe landing area for boats, the 
proposed restoration activities would require the Society to transport 
personnel and equipment from the California mainland to Northwest Seal 
Rock by a small helicopter. Helicopter landings take place on top of 
the engine room (caisson) which is approximately 15 m (48 ft) above the 
surface of the rocks on Northwest Seal Rock. The Society plans to 
charter a Raven R44 helicopter, owned and operated by Air Shasta Rotor 
and Wing, LLC. The Raven R44, which seats three passengers and one 
pilot, is a compact-sized (1134 kilograms (kg), 2500 pounds (lbs)) 
helicopter with two-bladed main and tail rotors. Both sets of rotors 
are fitted with noise-attenuating blade tip caps that would decrease 
flyover noise.
    The Society proposes to transport no more than 15 work crew members 
and equipment to Northwest Seal Rock for each session and estimates 
that each session would require no more than 36 helicopter landings/
takeoffs per month. During landing, the helicopter would land on the 
caisson to allow the work crew members to disembark and retrieve their 
equipment located in a basket attached to the underside of the 
helicopter. The helicopter would then return to the mainland to pick up 
additional personnel and equipment.
    Proposed schedule: The Society would conduct a maximum of 16 
flights (eight arrivals and eight departures) for the first day. The 
first flight would depart from Crescent City Airport at approximately 9 
a.m. for a 6-minute flight to Northwest Seal Rock. The helicopter would 
land and takeoff immediately after offloading personnel and equipment 
every 20 minutes (min). The total duration of the first day's aerial 
operations could last for approximately 3 hours (hrs) and 26 min and 
would end at approximately 12:34 p.m. Crew members would remain 
overnight at the Station and would not return to the mainland on the 
first day.
    For the second day, the Society would conduct a maximum of 10 
flights (five arrivals and five departures) to transport additional 
materials on and off the islet. The first flight would depart from 
Crescent City Airport at 9 a.m. for a 6-minute flight to Northwest Seal 
Rock. The total duration of the second day's aerial operations could 
last up to three hours.
    For the final day of operations, the Society could conduct a 
maximum of eight helicopter flights (four arrivals and four departures) 
to transport the remaining crew members and equipment/material back to 
the Crescent City Airport. The total duration of the third day's 
helicopter operations in support of restoration could last up to 2 hrs 
and 14 min.
Lighthouse Restoration Activities
    Restoration and maintenance activities would involve the removal of 
peeling paint and plaster, restoration of interior plaster and paint, 
refurbishing structural and decorative metal, reworking original metal 
support beams throughout the lantern room and elsewhere, replacing 
glass as necessary, upgrading the present electrical system; and annual 
light beacon maintenance.
Light Maintenance Activities
    The Society will need to conduct maintenance on the Station's 
beacon light at least once or up to two times per year within the 
proposed work window. Scheduled light maintenance activities would 
coincide with lighthouse restoration activities conducted monthly 
during the period of April 1 through April 30, 2014 and during the 
period of November 1, 2014, through March 31, 2015. The Society expects 
that maintenance activities would not exceed 3 hrs per each monthly 
session.
Emergency Light Maintenance
    If the beacon light fails during the period from April 1 through 
April 30, 2014 or November 1, 2014 through March 31, 2015, the Society 
proposes to send a crew of two to three people to the Station by 
helicopter to repair the beacon light. For each emergency repair event, 
the Society proposes to conduct a maximum of four flights (two arrivals 
and two departures) to transport equipment and supplies. The helicopter 
may remain on site or transit back to shore and make a second landing 
to pick up the repair personnel.
    In the case of an emergency repair between May 1, 2014, and October 
31, 2014, the Society would consult with the NMFS' Western Regional 
Office (WRO) biologists to best determine the timing of the trips to 
the lighthouse, on a case-by-case basis, based upon the existing 
environmental conditions and

[[Page 9172]]

the abundance and distribution of any marine mammals present on NWSR. 
The regional biologists would have real-time knowledge regarding the 
animal use and abundance of the NWSR at the time of the repair request 
and would make a decision regarding when the Society could conduct 
trips to the lighthouse during the emergency repair time window that 
would have the least practicable adverse impact to marine mammals. The 
WRO biologists would also ensure that the Society's request for 
incidental take during emergency repairs would not exceed the number of 
incidental take authorized in the proposed Authorization. To date, the 
Society has not needed to conduct emergency light maintenance between 
May through October under any of the four previous Authorizations.

Sound Sources and Sound Characteristics

    NMFS expects that acoustic stimuli resulting from the proposed 
helicopter operations; noise from maintenance and restoration 
activities; and human presence have the potential to harass marine 
mammals, incidental to the conduct of the proposed activities.
    This section includes a brief explanation of the sound measurements 
frequently used in the discussions of acoustic effects in this notice. 
Sound pressure is the sound force per unit area, and is usually 
measured in micropascals ([mu]Pa), where 1 pascal (Pa) is the pressure 
resulting from a force of one newton exerted over an area of one square 
meter. Sound pressure level (SPL) is the ratio of a measured sound 
pressure and a reference level. The commonly used reference pressure is 
1 [mu]Pa for under water, and the units for SPLs are dB re: 1 [mu]Pa. 
The commonly used reference pressure is 20 [mu]Pa for in air, and the 
units for SPLs are dB re: 20 [mu]Pa.
    SPL (in decibels (dB)) = 20 log (pressure/reference pressure).
    SPL is an instantaneous measurement expressed as the peak, the 
peak-peak (p-p), or the root mean square (rms). Root mean square is the 
square root of the arithmetic average of the squared instantaneous 
pressure values. All references to SPL in this document refer to the 
root mean square unless otherwise noted. SPL does not take into account 
the duration of a sound.

R44 Helicopter Sound Characteristics

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

Restoration and Maintenance Sound Characteristics

    Any noise associated with these activities is likely to be from 
light construction (e.g., sanding, hammering, or use of hand drills). 
The Society proposes to confine all restoration activities to the 
existing structure which would occur on the upper levels of the 
Station. Pinnipeds hauled out on Northwest Seal Rock do not have access 
to the upper levels of the Station.

Description of Marine Mammals in the Area of the Specified Activity

    Table 1 provides the following: All marine mammal species with 
possible or confirmed occurrence in the proposed activity area; 
information on those species' regulatory status under the MMPA and the 
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.); abundance; 
occurrence and seasonality in the activity area.

                        Table 1--General Information on Marine Mammals That Could Potentially Occur in the Proposed Activity Area
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               Species                            Stock              Regulatory  status 1 2     Stock  abundance \3\       Occurrence and seasonality
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California sea lion (Zalophus         U.S.........................  MMPA--NC                  296,750................  Year-round presence.
 californianus).                                                    ESA--NL
Northern fur seal (Callorhinus        California Breeding.........  MMPA--D                   9,968..................  Rare.
 ursinus).                                                          ESA--NL
Pacific harbor seal (Phoca vitulina)  California..................  MMPA--NC                  30,196.................  Occasional, spring.
                                                                    ESA--NL
Steller sea lion (Eumetopias          Eastern Distinct Population   MMPA--D                   58,334 to 72,223.......  Year-round presence.
 jubatus).                             Segment.                     ESA--DL
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\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2013 NMFS Stock Assessment Reports Carretta et al., (2013) and Allen and Angliss (2013).

    There are several cetaceans that have the potential to transit in 
the vicinity of the lighthouse station including the short-beaked 
common (Delphinus delphis) and the Pacific white-sided (Lagenorhynchus 
obliquidens) dolphin; the blue (Balaenoptera musculus), fin 
(Balaenoptera physalus), gray (Eschrichtius robustus), humpback 
(Megaptera novaeangliae), killer (Orcinus orca), North Pacific right 
(Eubalaena japonica), sei (Balaenoptera borealis), and sperm (Physeter 
macrocephalus) whales; and the Guadalupe fur seal (Arctocephalus 
townsendi). We will not consider these species further in this notice 
of a proposed Incidental Harassment Authorization because these are 
unlikely or rare in the nearshore environment of NWSR and the Society's 
operations would not likely affect these species--as the bulk of the 
their activities occur on the Station's caisson.
    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the ESA and categorized as depleted under the MMPA, 
usually range in coastal waters within two km (1.2 mi) of the mainland 
shore. Neither CCR nor the Society has encountered California sea 
otters on Northwest Seal Rock during the course of the four-year 
wildlife study (CCR, 2001) nor has the Society encountered the species 
during the course of the previous three Authorizations. The U.S. Fish 
and Wildlife Service (USFWS) manages the sea otter and we will not 
consider this species further in this notice of a proposed 
Authorization.

[[Page 9173]]

    The marine mammals most likely to be harassed incidental to the 
Society's helicopter operations, lighthouse restoration, and lighthouse 
maintenance on Northwest Seal Rock are primarily Steller and California 
sea lions and to a lesser extent the Pacific harbor seal and the 
eastern Pacific stock of northern fur seal. We refer the public to 
Carretta et al., (2013) and Allen and Angliss (2013) for general 
information on these species which we present in this notice. The 
publications are available at https://www.nmfs.noaa.gov/pr/sars/region.htm. We present a summary of information on these species below 
this section.

California Sea Lion

    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., 2013).
    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., 2013). 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 weaning 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 range as far north as Washington and Oregon, 
presumably following prey.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the Society. They reported 
that counts of California sea lions on NWSR varied greatly (from six to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April--May), summer (June-August), and fall (September-October), 
averaged 60, 154, and 235, respectively (CCR, 2001).
    The most current counts for the month of July by NMFS (2000 through 
2004) have been relatively low as the total number of California sea 
lions recorded in 2000 and 2003 was 3 and 11, respectively (M. Lowry, 
NMFS, SWFSC, unpublished data). Based on the monitoring report for the 
2011 season, the maximum numbers of California sea lions present during 
the April and November, 2011 work sessions was 2 and 90 animals, 
respectively (SGRLPS, 2012). There were no California sea lions present 
during the March, 2012 work session (SGRLPS, 2012).

Northern Fur Seal

    Northern fur seals occur from southern California north to the 
Bering Sea and west to the Sea of Okhotsk and Honshu Island of Japan. 
NMFS recognizes two separate stocks of northern fur seals within U.S. 
waters: An Eastern Pacific stock distributed among sites in Alaska, 
British Columbia; and a San Miguel Island stock distributed along the 
west coast of the continental U.S. The estimated population of the San 
Miguel Island stock is 9,968 animals with a maximum population growth 
rate of 12 percent (Carretta et al., 2013).
    Northern fur seals may temporarily haul out on land at other sites 
in Alaska, British Columbia, and on islets along the west coast of the 
continental United States, but generally this occurs outside of the 
breeding season (Fiscus, 1983).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental U.S., but individuals occasionally 
come ashore on islands well offshore (i.e., Farallon Islands and 
Channel Islands in California). During the breeding season, 
approximately 74 percent of the worldwide population inhabits the 
Pribilof Islands in Alaska, with the remaining animals spread 
throughout the North Pacific Ocean (Lander and Kajimura, 1982).
    CCR observed one male northern fur seal on Northwest Seal Rock in 
October, 1998 (CCR, 2001). It is possible that a few animals may use 
the island more often that indicated by the CCR surveys, if they were 
mistaken for other otariid species (i.e., eared seals or fur seals and 
sea lions) (M. DeAngelis, NMFS, pers. comm.).
    For the 2010, 2011, and 2012 work seasons, the Society has not 
observed any northern fur seals present on Northwest Seal Rock during 
restoration activities (SGRLPS, 2010; 2011; 2012). The Society did not 
conduct any operations for the 2013 season.

Pacific Harbor Seal

    The estimated population of the California stock of Pacific harbor 
seals is approximately 30,196 animals (Carretta et al., 2013). There is 
no current estimate of abundance available for the Oregon/Washington 
stock (Carretta et al., 2013).
    The animals inhabit near-shore coastal and estuarine areas from 
Baja California, Mexico, to the Pribilof Islands in Alaska. Pacific 
harbor seals consist of two subspecies: P. v. stejnegeri in the western 
North Pacific, near Japan, and P. v. richardsi in the northeast Pacific 
Ocean. The latter subspecies, recognized as three separate stocks, 
inhabits the west coast of the continental United States, including: 
The outer coastal waters of Oregon and Washington states; Washington 
state inland waters; and Alaska coastal and inland waters. Two of these 
stocks, the California stock and Oregon/Washington coast stock, of 
Pacific harbor seals are identified off the coast of Oregon and 
California for management purposes under the MMPA. However, the stock 
boundary is difficult to distinguish because of the continuous 
distribution of harbor seals along the west coast and any rigid 
boundary line is (to a greater or lesser extent) arbitrary, from a 
biological perspective (Carretta et al., 2011). Due to the location of 
the proposed project which is situated near the border of Oregon and 
California, both stocks could be present within the proposed project 
area.
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Females nurse their 
pups for an average of 24 days and are ready to swim minutes after 
being born. Harbor seal pupping takes place at many locations and 
rookery size varies from a few pups to many hundreds of pups. The 
nearest harbor seal rookery relative to the proposed project site is at 
Castle Rock National Wildlife Refuge, located approximately located 965 
m (0.6 mi) south of Point St. George, and 2.4 km (1.5 mi) north of the 
Crescent City Harbor in Del Norte County, California (USFWS, 2007).

[[Page 9174]]

    CCR noted that harbor seal use of Northwest Seal Rock was minimal, 
with only one sighting of a group of six animals, during 20 observation 
surveys. They hypothesized that harbor seals may avoid the islet 
because of its distance from shore, relatively steep topography, and 
full exposure to rough and frequently turbulent sea swells. For the 
2010 and 2011 seasons, the Society did not observe any Pacific harbor 
seals present on Northwest Seal Rock during restoration activities 
(SGRLPS, 2010; 2011). During the 2012 season, the Society reported 
sighting a total of two harbor seals present on Northwest Seal Rock 
(SGRLPS, 2012). The Society did not conduct any operations for the 2013 
season.

Steller Sea Lion

    Steller sea lions consist of two distinct population segments: the 
western and eastern distinct population segments (DPS) divided at 
144[deg] West longitude (Cape Suckling, Alaska). 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.
    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.
    In 2012, the estimated population of the eastern distinct 
population segment ranged from a minimum of 58,334 up to 72,223 animals 
and the maximum population growth rate is 12 percent (Allen and 
Angliss, 2013). 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. As of December 4, 2013 the eastern 
DPS is not a threatened species listed 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.
    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). 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).
    CCR reported that Steller sea lion numbers at Northwest Seal Rock 
ranged from 20 to 355 animals. Counts of Steller sea lions during the 
spring (April--May), summer (June-August), and fall (September-
October), averaged 68, 110, and 56, respectively (CCR, 2001). A more 
recent survey at NWSR between 2000 and 2004 showed Steller sea lion 
numbers ranged from 175 to 354 in July (M. Lowry, NMFS/SWFSC, unpubl. 
data). The Society presumes that winter use of NWSR by Steller sea lion 
to be minimal, due to inundation of the natural portion of the island 
by large swells.
    For the 2010 season, the Society reported that no Steller sea lions 
were present in the vicinity of Northwest Seal Rock during restoration 
activities (SGRLPS, 2010). Based on the monitoring report for the 2011 
season, the maximum numbers of Steller sea lions present during the 
April and November 2011, work sessions was 2 and 150 animals, 
respectively (SGRLPS, 2012). During the 2012 season, the Society did 
not observe any Steller sea lions present on Northwest Seal Rock during 
restoration activities. The Society did not conduct any operations for 
the 2013 season.

Potential Effects of the Specified Activities on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (e.g., 
aircraft operations and human presence) have the potential to impact 
marine mammals. This discussion may also include reactions that we 
consider to rise to the level of a take and those that we do not 
consider to rise to the level of a take (e.g., with acoustics, we may 
include a discussion of studies that show animals not reacting to sound 
or animals exhibiting barely perceptible avoidance behaviors). We also 
intend this section to provide a background of potential effects of the 
Society's activities. This section does not consider the specific 
manner in which the Society would carry out the proposed activity, what 
mitigation measures the Society would implement, and how either of 
those would shape the anticipated impacts from this specific activity. 
The ``Estimated Take by Incidental Harassment'' section later in this 
document will include a quantitative analysis of the number of 
individuals that we expect the Society to take during this activity. 
The ``Negligible Impact Analysis'' section will include the analysis of 
how this specific activity would impact marine mammals. We will 
consider the content of the following sections: (1) Negligible Impact 
Analysis; (2) Estimated Take by Incidental Harassment; (3) Proposed 
Mitigation; and (4) Anticipated Effects on Marine Mammal Habitat, to 
draw conclusions regarding the likely impacts of the Society's 
activities on the reproductive success or survivorship of individuals--
and from that consideration--the likely impacts of this activity on the 
affected marine mammal populations or stocks.

Acoustic Impacts

    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 the following: temporary or permanent 
hearing impairment and/or behavioral disturbance (Southall, et al., 
2007).
    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound and 
current data indicate that not all marine mammal species have equal 
hearing capabilities (Richardson et al., 1995; Wartzok and Ketten, 
1999). Southall et al. (2007) designated ``functional hearing groups'' 
for marine mammals based on available behavioral data; audiograms 
derived from auditory evoked potentials; anatomical modeling; and other 
data. Southall et al. (2007) also estimated the lower and upper 
frequencies of functional hearing for each group as animals are less 
sensitive to sounds at the lower and upper frequency limits of their 
functional hearing range and are more sensitive to a range of 
frequencies

[[Page 9175]]

within the middle of their functional hearing range.
    The functional groups and the associated frequencies are:
     Low frequency cetaceans (13 species of mysticetes): 
functional hearing estimates occur between approximately 7 Hertz (Hz) 
and 30 kHz (extended from 22 kHz based on data indicating that some 
mysticetes can hear above 22 kHz; Au et al., 2006; Lucifredi and Stein, 
2007; Ketten and Mountain, 2009; Tubelli et al., 2012);
     Mid-frequency cetaceans (32 species of dolphins, six 
species of larger toothed whales, and 19 species of beaked and 
bottlenose whales): functional hearing estimates occur between 
approximately 150 Hz and 160 kHz;
     High-frequency cetaceans (eight species of true porpoises, 
six species of river dolphins, Kogia, the franciscana, and four species 
of cephalorhynchids): functional hearing estimates occur between 
approximately 200 Hz and 180 kHz; and
     Pinnipeds in water: functional hearing estimates occur 
between approximately 75 Hz and 100 kHz, with the greatest sensitivity 
between approximately 700 Hz and 20 kHz.
    As mentioned previously in this document, four marine mammal 
species would likely occur in the proposed action area. All are 
pinnipeds and fall under the Pinnipeds in water functional hearing 
group category. We consider a species' functional hearing group when we 
analyze the effects of exposure to sound on marine mammals.

Helicopter Noise

    Marine mammals produce sounds in various important contexts--social 
interactions, foraging, navigating, and to responding to predators. The 
best available science suggests that pinnipeds have a functional aerial 
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and 
can produce a diversity of sounds, though generally from 100 Hz to 
several tens of kHz (Southall, et al., 2007).
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran, 
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount 
of threshold shift include the amplitude, duration, frequency content, 
temporal pattern, and energy distribution of noise exposure. The 
magnitude of hearing threshold shift normally decreases over time 
following cessation of the noise exposure. The amount of threshold 
shift just after exposure is called the initial threshold shift. If the 
threshold shift eventually returns to zero (i.e., the threshold returns 
to the pre-exposure value), it is called temporary threshold shift 
(TTS) (Southall et al., 2007).
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the engine of the aircraft (Born, Riget, 
Dietz, & Andriashek, 1999; Richardson, Greene, Malme, & Thomson, 1995). 
Data on underwater TTS-onset in pinnipeds exposed to pulses are limited 
to a single study which exposed two California sea lions to single 
underwater pulses from an arc-gap transducer and found no measurable 
TTS following exposures up to 183 dB re: 1 [mu]Pa (peak-to-peak) 
(Finneran, Dear, Carder, & Ridgway, 2003).
    Researchers have demonstrated TTS in certain captive odontocetes 
and pinnipeds exposed to strong sounds (reviewed in Southall et al., 
2007). In 2004, researchers measured auditory fatigue to airborne sound 
in harbor seals, California sea lions, and northern elephant seals 
after exposure to non-pulse noise for 25 minutes (Kastak, Southall, 
Holt, Kastak, & Schusterman, 2004). In the study, the harbor seal 
experienced approximately 6 dB of TTS at 99 dB re: 20 [mu]Pa. The 
authors identified onset of TTS in the California sea lion at 122 dB 
re: 20 [mu]Pa. The northern elephant seal experienced TTS-onset at 121 
dB re: 20 [mu]Pa (Kastak, et al., 2004).
    There is a dearth of information on acoustic effects of helicopter 
overflights on pinniped hearing and communication (Richardson, et al., 
1995) and to NMFS' knowledge, there has been no specific documentation 
of TTS, let alone permanent threshold shift (PTS), in free-ranging 
pinnipeds exposed to helicopter operations during realistic field 
conditions (Baker, Jensz, & Chilvers, 2012; Scheidat et al., 2011).
    In 2008, we issued an Authorization to the USFWS for the take of 
small numbers of Steller sea lions and Pacific harbor seals, incidental 
to rodent eradication activities on an islet offshore of Rat Island, AK 
conducted by helicopter. The 15-minute aerial treatment consisted of 
the helicopter slowly approaching the islet at an elevation of over 
1,000 feet (304.8 m); gradually decreasing altitude in slow circles; 
and applying the rodenticide in a single pass and returning to Rat 
Island. The gradual and deliberate approach to the islet resulted in 
the sea lions present initially becoming aware of the helicopter and 
calmly moving into the water. Further, the USFWS reported that all 
responses fell well within the range of Level B harassment (i.e., alert 
head raises without moving or limited, short-term displacement 
resulting from aircraft noise due to helicopter overflights).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haulout areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Any 
noise attributed to the Society's proposed helicopter operations on 
NWSR would be short-term (approximately 5 min per trip). We would 
expect the ambient noise levels to return to a baseline state when 
helicopter operations have ceased for the day. Per Richardson et al. 
(1995), approaching aircraft generally flush animals into the water and 
noise from a helicopter is typically directed down in a ``cone'' 
underneath the aircraft. As the helicopter landings take place 15 m (48 
ft) above the surface of the rocks on NWSR, we presume that the 
received sound levels would increase above 81-81.9 dB re: 20 [mu]Pa (A-
weighted) at the landing pad. However, we do not expect that the 
increased received levels of sound from the helicopter would cause TTS 
or PTS because the pinnipeds would flush before the helicopter 
approached NWSR; thus increasing the distance between the pinnipeds and 
the received sound levels on NWSR during the proposed action.

Visual Disturbance

    There is increasing recognition that the effect of human 
disturbance wildlife is highly dependent on the nature of the 
disturbance (Burger et al., 1995; Klein et al., 1995; and Kucey, 2005). 
Disturbances resulting from human activity can impact short- and long-
term pinniped haul out behavior (Renouf et al., 1981; Schneider and 
Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). The apparent skittishness of both harbor seals and 
Steller sea lions raises concerns regarding behavioral and 
physiological impacts to individuals and populations experiencing high 
levels of human disturbance. Human activity can flush harbor seals off 
haul out sites (Allen et al., 1984; Calambokidis et al., 1991; Suryan 
and Harvey, 1999; Mortenson et al., 2000).
    The Hawaiian monk seal (Monachus schauinslandi) may avoid beaches 
disturbed by humans (Kenyon, 1972). Stevens and Boness (2003) concluded 
that after the 1997-98 El Ni[ntilde]o, when populations of the South 
American fur

[[Page 9176]]

seal, Arctocephalus australis, in Peru declined dramatically, seals 
abandoned some of their former primary breeding sites, but continued to 
breed at adjacent beaches that were more rugged (i.e., less likely to 
be used by humans). Abandoned and unused sites were more likely to have 
human disturbance than currently used sites. In one case, human 
disturbance appeared to cause Steller sea lions to desert a breeding 
area at Northeast Point on St. Paul Island, Alaska (Kenyon, 1962).
    It is likely that the initial helicopter approach to the Station 
would cause a subset, or all of the marine mammals hauled out on NWSR 
to depart the rock and flush into the water. The physical presence of 
aircraft could also lead to non-auditory effects on marine mammals 
involving visual or other cues. Airborne sound from a low-flying 
helicopter or airplane may be heard by marine mammals while at the 
surface or underwater. In general, helicopters tend to be noisier than 
fixed wing aircraft of similar size and underwater sounds from aircraft 
are strongest just below the surface and directly under the aircraft. 
Noise from aircraft would not be expected to cause direct physical 
effects but have the potential to affect behavior. The primary factor 
that may influence abrupt movements of animals is engine noise, 
specifically changes in engine noise. Responses by mammals could 
include hasty dives or turns, change in course, or flushing and 
stampeding from a haul out site. There are few well documented studies 
of the impacts of aircraft overflight over pinniped haul out sites or 
rookeries, and many of those that exist, are specific to military 
activities (Efroymson et al., 2001).
    Several factors complicate the analysis of long- and short-term 
effects for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAELs) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and harbor seals observed on 
San Miguel Island, CA; animals responded to some degree by moving 
within the haul out and entering into the water, stampeding into the 
water, or clearing the haul out completely. Both species always 
responded with the raising of their heads. California sea lions 
appeared to react more to the visual cue of the helicopter than the 
noise.
    If pinnipeds are present on NWSR, it is likely that a helicopter 
landing at the Station would cause some number of the pinnipeds on NWSR 
to flush; however, when present, they appear to show rapid habituation 
to helicopter landing and departure (Crescent Coastal Research, 2001; 
Guy Towers, SGRLPS, pers. com.). According to the CCR Report (2001), 
while up to 40 percent of the California and Steller sea lions present 
on the rock have been observed to enter the water on the first of a 
series of helicopter landings, as few as zero percent have flushed on 
subsequent landings on the same date. In fact, the Society reported 
that during the November 2011 work session, Steller sea lions and 
California sea lions exhibited minimal ingress and egress from 
Northwest Seal Rock during helicopter approaches and departures 
(SGRLPS, 2011).
    If pinnipeds are present on NWSR, Level B behavioral harassment of 
pinnipeds may occur during helicopter landing and takeoff from NWSR due 
to the pinnipeds temporarily moving from the rocks and lower structure 
of the Station into the sea due to the noise and appearance of 
helicopter during approaches and departures. It is expected that all or 
a portion of the marine mammals hauled out on the island will depart 
the rock and move into the water upon initial helicopter approaches. 
The movement to the water would be gradual due to the required 
controlled helicopter approaches (see Proposed Mitigation section), the 
small size of the aircraft, the use of noise-attenuating blade tip caps 
on the rotors, and behavioral habituation on the part of the animals as 
helicopter trips continue throughout the day. During the sessions of 
helicopter activity, if present on NWSR, some animals may be 
temporarily displaced from the island and either raft in the water or 
relocate to other haul-outs.
    Sea lions have shown habituation to helicopter flights within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrival/departures within a short time period, we expect animals 
present to show less response to subsequent landings. We anticipate no 
impact on the population size or breeding stock of Steller sea lions, 
California sea lions, Pacific harbor seals, or northern fur seals.
    Restoration and maintenance activities would involve the removal of 
peeling paint and plaster, restoration of interior plaster and paint, 
refurbishing structural and decorative metal, reworking original metal 
support beams throughout the lantern room and elsewhere, replacing 
glass as necessary, upgrading the present electrical system; and annual 
light beacon maintenance. Any noise associated with these activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills) and the pinnipeds may be disturbed by human presence. 
Animals respond to disturbance from humans in the same way as they 
respond to the risk of predation, by avoiding areas of high risk, 
either completely or by using them for limited periods (Gill et al., 
1996).

Stampede

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

Anticipated Effects on Marine Mammal Habitat

    NMFS does not expect that the proposed activity would have any 
effects on marine mammal habitat. Based on previous monitoring reports 
and anecdotal observations, up to 315 animals could use the small, 
rocky base at the base of the Station as a haulout site. The Society 
proposes to confine all restoration activities to the existing 
structure which would occur on the upper levels of the Station which 
are not used by marine mammals. Thus, NMFS expects that there will be 
no long- or short-term physical impacts to pinniped habitat on NWSR.

[[Page 9177]]

    The Society would remove all waste, discarded materials and 
equipment from the island after each visit. The proposed activities 
will not result in any permanent impact on habitats used by marine 
mammals, including prey species and foraging habitat. The main impact 
associated with the proposed activity will be temporarily elevated 
noise levels and the associated direct effects on marine mammals (i.e., 
the potential for temporary abandonment of the site), previously 
discussed in this notice.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods 
of taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant).
    As a way to reduce or minimize adverse impacts that would result 
from the proposed project to the lowest level practicable, NMFS 
proposes to require the following mitigation measures.
    Time and Frequency: The Society would conduct restoration 
activities at maximum of once per month between April 1 through April 
30, 2014 and November 1, 2014, through March 31, 2015. Each restoration 
session would last no more than three days. Maintenance of the light 
beacon would occur only in conjunction with restoration activities.
    Helicopter Approach and Timing Techniques: The Society would ensure 
that its helicopter approach patterns to the Station and timing 
techniques do not disturb marine mammals as most practicable. To the 
extent possible, the helicopter should approach NWSR when the tide is 
too high for the marine mammals to haul-out on NWSR.
    Since the most severe impacts (stampede) precede rapid and direct 
helicopter approaches, the Society's initial approach to the Station 
must be offshore from the island at a relatively high altitude (e.g., 
800-1,000 ft, or 244-305 m). Before the final approach, the helicopter 
shall circle lower, and approach from area with the lowest pinniped 
density. If for any safety reasons (e.g., wind condition) the Society 
cannot conduct these types of helicopter approach and timing 
techniques, they must abort the restoration and maintenance activities 
for that day.
    Avoidance of Visual and Acoustic Contact with People on Island: The 
Society would instruct its members and restoration crews to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the Station. Although CCR reported no 
impacts from these activities in the 2001 CCR study, it is relatively 
simple for the Society to avoid this potential impact. The door to the 
lower platform (which is used at times by pinnipeds) shall remain 
closed and barricaded to all tourists and other personnel.

Mitigation Conclusions

    NMFS has carefully evaluated the Society's proposed mitigation 
measures in the context of ensuring that we prescribe the means of 
effecting the least practicable impact on the affected marine mammal 
species and stocks and their habitat. Our evaluation of potential 
measures included consideration of the following factors in relation to 
one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by us should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed here:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to 
helicopter operations and human presence that we expect to result in 
the take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to helicopter operations or human presence that we expect to result in 
the take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to to helicopter 
operations or human presence that we expect to result in the take of 
marine mammals (this goal may contribute to a, above, or to reducing 
the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on the evaluation of the Society's proposed measures, as well 
as other measures considered by us, NMFS preliminarily determined that 
the proposed mitigation measures provide the means of effecting the 
least practicable impact on marine mammal species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.

Summary of Previous Monitoring

    The Society complied with the mitigation and monitoring required 
under the previous authorizations (2010-2013). They did not conduct any 
operations for the 2013 season. However, in compliance with the 2012 
Authorization, the Society submitted a final report on the activities 
at the Station, covering the period of February 15, 2012 through April 
30, 2012. During the effective dates of the 2012 IHA, the Society 
conducted one work session in March, 2012. The Society's aircraft 
operations and restoration activities on NWSR did not exceed the 
activity levels analyzed under the 2012 authorization. During the March 
2012 work session, the Society observed two harbor seals hauled out on 
Northwest Seal Rock. Both animals (a juvenile and an adult) departed 
the rock, entered the water, and did not return to the Station during 
the duration of the activities.

Proposed Monitoring

    In order to issue an ITA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
Authorizations must include the suggested means of accomplishing the 
necessary monitoring

[[Page 9178]]

and reporting that will result in increased knowledge of the species 
and of the level of taking or impacts on populations of marine mammals 
that we expect to be present in the proposed action area.
    Monitoring measures prescribed by us should accomplish one or more 
of the following general goals:
    1. An increase in the probability of detecting marine mammals, both 
within the mitigation zone (thus allowing for more effective 
implementation of the mitigation) and during other times and locations, 
in order to generate more data to contribute to the analyses mentioned 
later;
    2. An increase in our understanding of how many marine mammals 
would be affected by helicopter operations and human presence and the 
likelihood of associating those exposures with specific adverse 
effects, such as behavioral harassment, temporary or permanent 
threshold shift;
    3. An increase in our understanding of how marine mammals respond 
to stimuli that we expect to result in take and how those anticipated 
adverse effects on individuals (in different ways and to varying 
degrees) may impact the population, species, or stock (specifically 
through effects on annual rates of recruitment or survival) through any 
of the following methods:
    a. Behavioral observations in the presence of stimuli compared to 
observations in the absence of stimuli (i.e., we need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
    b. Physiological measurements in the presence of stimuli compared 
to observations in the absence of stimuli (i.e., we need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
    c. Distribution and/or abundance comparisons in times or areas with 
concentrated stimuli versus times or areas without stimuli;
    4. An increased knowledge of the affected species; and
    5. An increase in our understanding of the effectiveness of certain 
mitigation and monitoring measures.
    Proposed Monitoring Measures: At least once during the period 
between April 1 through April 30, 2014 and November 1, 2014 through 
March 31, 2015, a qualified biologist shall be present during all three 
workdays at the Station. The qualified biologist hired will be subject 
to approval by us and they 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.
    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 should 
complete aerial photo coverage of the island from the same helicopter 
used to transport the Society's personnel to the island during 
restoration trips. The Society would take photographs of all marine 
mammals hauled out on the island at an altitude greater than 300 m (984 
ft) by a skilled photographer, prior to the first landing on each visit 
included in the monitoring program. Photographic documentation of 
marine mammals present at the end of each three-day work session shall 
also be made for a before and after comparison. These photographs will 
be forwarded to a biologist capable of discerning marine mammal 
species. Data shall be provided to us in the form of a report with a 
data table, any other significant observations related to marine 
mammals, and a report of restoration activities (see Reporting). The 
original photographs can be made available to us or other marine mammal 
experts for inspection and further analysis.

Proposed Reporting

    The Society will submit a draft Monitoring Report to us no later 
than 90 days after they complete the project to the NMFS Director of 
Office of Protected Resources. Within 30 days after receiving comments 
from us on the draft Final Monitoring Report, the Society must submit a 
Final Monitoring Report to the NMFS Director of Office of Protected 
Resources. If the Society receives no comments from us on the draft 
Monitoring Report, then NMFS will consider the draft Monitoring Report 
to be the Final Monitoring Report.
    The final report will provide:
    (i) A summary and table of the dates, times, and weather during all 
helicopter operations, and restoration and maintenance activities.
    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to acoustic stimuli associated with the 
helicopter operations, restoration and maintenance activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization (if issued), such as an injury (Level A harassment), 
serious injury, or mortality (e.g., vessel-strike, stampede, etc.), the 
Society 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 Assistant Western 
Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@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).
    The Society shall not resume its activities until NMFS is able to 
review the circumstances of the prohibited take. NMFS shall work with 
the Society to determine what is necessary to minimize the likelihood 
of further prohibited take and ensure Marine Mammal Protection Act 
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 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), the Society 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 Assistant Western 
Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@noaa.gov). The report must include the same 
information identified in the paragraph above this section. Activities 
may

[[Page 9179]]

continue while NMFS reviews the circumstances of the incident. NMFS 
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 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), the Society 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 Assistant Western Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@noaa.gov), within 24 hours of the discovery. The 
Society's 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 
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].

    NMFS anticipates that the helicopter operations and restoration and 
maintenance activities have the potential to harass (Level B only) 
marine mammals that may be present on NWSR. Thus NMFS will only 
authorize take by Level B harassment as a result of the helicopter 
operations and restoration and maintenance activities on NWSR.
    Based on pinniped survey counts conducted by CCR on NWSR in the 
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), NMFS estimates 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. NMFS bases these 
estimates of the numbers of marine mammals that might be affected 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. These incidental harassment take numbers 
represent approximately 0.14 percent of the U.S. stock of California 
sea lion, 0.42 percent of the eastern U.S. stock of Steller sea lion, 
0.11 percent of the California stock of Pacific harbor seals, and 0.06 
percent of the San Miguel Island stock of northern fur seal. Because of 
the required mitigation measures and the likelihood that some pinnipeds 
will avoid the area, NMFS does not expect any injury or mortality to 
pinnipeds to occur and NMFS has not authorized take by Level A 
harassment for this proposed activity.
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.

Analysis and Preliminary Determinations

Negligible Impact

    Negligible impact is ``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'' (50 CFR 216.103). The lack of 
likely adverse effects on annual rates of recruitment or survival 
(i.e., population level effects) forms the basis of a negligible impact 
finding. Thus, an estimate of the number of Level B harassment takes, 
alone, is not enough information on which to base an impact 
determination. In addition to considering estimates of the number of 
marine mammals that might be ``taken'' through behavioral harassment, 
NMFS must consider other factors, such as the likely nature of any 
responses (their intensity, duration, etc.), the context of any 
responses (critical reproductive time or location, migration, etc.), as 
well as the number and nature of estimated Level A harassment takes, 
and the number of estimated mortalities, and effects on habitat.
    In making a negligible impact determination, NMFS considers:
     The number of anticipated injuries, serious injuries, or 
mortalities;
     The number, nature, and intensity, and duration of Level B 
harassment; and
     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);
     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);
     Impacts on habitat affecting rates of recruitment/
survival; and
     The effectiveness of monitoring and mitigation measures.
    For reasons stated previously in this document and based on the 
following factors, the Society'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 Society's operations would be limited to no 
responses, short-term startle responses, or temporary behavioral 
changes due to the short and sporadic duration of the restoration 
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 restoration 
activities and helicopter 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 the Society conducted 
their activities.
    (3) There is no potential for large-scale movements leading to 
injury, serious injury, or mortality because the Society must delay 
ingress onto NWSR until after the pinnipeds present have slowly entered 
the water.
    NMFS does not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of the Society's proposed 
activities, and NMFS does not propose to authorize injury, serious 
injury or mortality. These species may exhibit behavioral 
modifications, including temporarily vacating the area during the 
proposed helicopter operations and restoration activities to avoid the 
resultant acoustic and visual

[[Page 9180]]

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 this notice's analysis of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the Society's 
proposed helicopter operations and restoration/maintenance activities 
would have a negligible impact on the affected marine mammal species or 
stocks.

Small Numbers

    As mentioned previously, NMFS estimates that the Society's 
activities could potentially affect, by Level B harassment only, four 
species of marine mammals under our jurisdiction. For each species, 
these estimates are small numbers (each, less than or equal to one 
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. 
Because of the required mitigation measures and the likelihood that 
some pinnipeds will avoid the area, no injury or mortality to pinnipeds 
is expected nor requested. The proposed taking would be limited to 
small numbers of marine mammals, relative to the population sizes of 
the affected species or stocks (i.e., for each species, these numbers 
are less than one percent).
    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, NMFS preliminarily finds that the Society's proposed 
helicopter operations and restoration/maintenance activities would take 
small numbers of marine mammals relative to the populations of the 
affected species or stocks.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action.

Endangered Species Act (ESA)

    NMFS does not expect that the Society's proposed helicopter 
operations and restoration/maintenance activities would affect any 
species listed under the ESA. Therefore, NMFS has determined that a 
section 7 consultation under the ESA is not required.

National Environmental Policy Act (NEPA)

    To meet our NEPA requirements for the issuance of an Authorization 
to the Society, NMFS has 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, NMFS concluded that 
issuance of an annual Authorization 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 2014 application, NMFS has again 
reviewed the 2010 EA and determined that there are no new direct, 
indirect or cumulative impacts to the human and natural environment 
associated with the IHA requiring evaluation in a supplemental EA and 
NMFS, therefore, intends to preliminarily reaffirm the 2010 FONSI. An 
electronic copy of the EA and the FONSI for this activity is available 
upon request (see ADDRESSES).

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes 
issuing an Authorization to the Society for conducting helicopter 
operations and restoration activities on the St. George Light Station 
in the northeast Pacific Ocean, April 1 through April 30, 2014 and 
November 1, 2014, through March 31, 2015, provided they incorporate the 
previously mentioned mitigation, monitoring, and reporting 
requirements.

Draft Authorization

    The St. George Reef Lighthouse Preservation Society (Society), P.O. 
Box 577, Crescent City, CA 95531, is hereby authorized under section 
101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 
1371(a)(5)(D)) and 50 CFR 216.107, to harass marine mammals incidental 
to conducting helicopter operations and restoration and maintenance 
work on the St. George Reef Light Station (Station) on Northwest Seal 
Rock in the northeast Pacific Ocean.
    1. This Incidental Harassment Authorization (IHA) is valid from 
April 1 through April 30, 2014 and November 1, 2014, through March 31, 
2015.
    2. This IHA is valid only for activities associated with helicopter 
operations and restoration and maintenance activities (See items 2(a)-
(d)) on the Station on Northwest Seal Rock (41[deg]50'24'' N, 
124[deg]22'06'' W) in the northeast Pacific Ocean.
    a. The use of a small, compact, 4-person helicopter with two-bladed 
main and tail rotors fitted with noise-attenuating blade tip caps to 
transit to and from Northwest Seal Rock;
    b. restoration activities (e.g., painting, plastering, welding, and 
glazing) conducted on the Station;
    c. maintenance activities (e.g., bulb replacement and automation of 
the light system) conducted on the Station; and
    d. emergency repair events (e.g., the failure of the PATON beacon 
light) between April 1 through April 30, 2014 and November 1, 2014, 
through March 31, 2015, outside of the three-day work session.
3. General Conditions
    a. A copy of this IHA must be in the possession of the Society, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    b. The species authorized for taking are the California sea lion 
(Zalophus californianus), Pacific Harbor seal (Phoca vitulina), the 
eastern Distinct Population Segment of Steller sea lion (Eumetopias 
jubatus), and the eastern Pacific stock of northern fur seal 
(Callorhinus ursinus).
    c. The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b) (See Table 1 for take numbers, 
attached).
    d. The taking by Level A harassment, injury or death of any of the 
species listed in item 3(b) of the Authorization or the taking by 
harassment, injury or death of any other species of marine mammal is 
prohibited and may result in the modification, suspension, or 
revocation of this IHA.

[[Page 9181]]

    e. In the case of an emergency repair event (i.e., failure of the 
PATON beacon light) between May 1, 2014 through October 31, 2014, the 
Society will consult with the ARA, Western Region, NMFS, to best 
determine the timing of an emergency repair trip to the Station.
    a. The Western Region NMFS marine mammal biologist will make a 
decision regarding when the Society can schedule helicopter trips to 
the Northwest Seal Rock during the emergency repair time window and 
will ensure that such operations will have the least practicable 
adverse impact to marine mammals.
    b. The ARA, Western Region, NMFS will also ensure that the 
Society's request for incidental take during an emergency repair event 
would not exceed the number of incidental take authorized in this IHA.
4. Cooperation
    The holder of this Authorization is required to cooperate with the 
NMFS and any other Federal, state, or local agency authorized to 
monitor the impacts of the activity on marine mammals.
5. Mitigation Measures
    In order to ensure the least practicable impact on the species 
listed in condition 3(b), the holder of this Authorization is required 
to:
    a. Conduct restoration and maintenance activities at the Station at 
a maximum of one session per month between April 1 through April 30, 
2014 and November 1, 2014, through March 31, 2015. Each restoration 
session will be no more than three days in duration. Maintenance of the 
light beacon will occur only in conjunction with the monthly 
restoration activities.
    b. Ensure that helicopter approach patterns to the Northwest Seal 
Rock will be such that the timing techniques are least disturbing to 
marine mammals. To the extent possible, the helicopter should approach 
Northwest Seal Rock when the tide is too high for the marine mammals to 
haul-out on Northwest Seal Rock.
    c. Avoid rapid and direct approaches by the helicopter to the 
station by approaching Northwest Seal Rock at a relatively high 
altitude (e.g., 800-1,000 ft; 244-305 m). Before the final approach, 
the helicopter shall circle lower, and approach from area where the 
density of pinnipeds is the lowest. If for any safety reasons (e.g., 
wind conditions or visibility) such helicopter approach and timing 
techniques cannot be achieved, the Society must abort the restoration 
and maintenance session for that day.
    d. Provide instructions to the Society's members, the restoration 
crew, and if applicable, to tourists, on appropriate conduct when in 
the vicinity of hauled-out marine mammals. The Society's members, the 
restoration crew, and if applicable, tourists, will avoid making 
unnecessary noise while on Northwest Seal Rock and must not view 
pinnipeds around the base of the Station.
    e. Ensure that the door to the Station's lower platform shall 
remain closed and barricaded at all times.
6. Monitoring
    The holder of this Authorization is required to:
    a. Have a NMFS-approved biologist present during all three workdays 
at the Station at least once during the period between April 1 through 
April 30, 2014 and November 1, 2014, through March 31, 2015. This 
requirement may be modified depending on the results of the monthly 
monitoring reports. The biologist shall document use of the island by 
the marine mammals (i.e., dates, time, tidal height, species, numbers 
present, frequency of use, weather conditions, and any disturbances), 
and note any responses to potential disturbances.
    b. Record the date, time, and location (or closest point of 
ingress) of each visit to the Northwest Seal Rock. See Table 2 for an 
example of a data collection sheet.
    c. Collect the following information for each visit:
    i. Information on the numbers (by species) of marine mammals 
observed during the activities;
    ii. the estimated number of marine mammals (by species) that may 
have been harassed during the activities;
    iii. any behavioral responses or modifications of behaviors that 
may be attributed to the specific activities (e.g., flushing into 
water, becoming alert and moving, rafting); and
    iv. information on the weather, including the tidal state and 
horizontal visibility.
    d. Employ a skilled, aerial photographer to document marine mammals 
hauled out on Northwest Seal Rock for comparing marine mammal presence 
on Northwest Seal Rock pre- and post-restoration.
    i. The photographer will complete a photographic survey of 
Northwest Seal Rock using the same helicopter that will transport 
Society personnel to the island during restoration trips.
    ii. For a pre-restoration survey, photographs of all marine mammals 
hauled-out on the island shall be taken at an altitude greater than 300 
m (984 ft) during the first arrival flight to Northwest Seal Rock.
    iii. For the post-restoration survey, photographs of all marine 
mammals hauled-out on the island shall be taken at an altitude greater 
than 300 m (984 ft) during the last departure flight from Northwest 
Seal Rock;
    iv. The Society and/or its designees will forward the photographs 
to a biologist capable of discerning marine mammal species. The Society 
shall provide the data to us in the form of a report with a data table, 
any other significant observations related to marine mammals, and a 
report of restoration activities (see Reporting). The Society will make 
available the original photographs to NMFS or to other marine mammal 
experts for inspection and further analysis.
7. Reporting Requirements
    Final Report: The holder of this authorization is required to 
submit a draft monitoring report to the Chief, Permits and Conservation 
Division, Office of Protected Resources, NMFS, 1315 East West Highway, 
13th Floor, Silver Spring, MD 20910; phone (301) 427-8401 no later than 
90 days after the project is completed. The report must contain the 
following information:
    a. A summary of the dates, times, and weather during all helicopter 
operations, restoration, and maintenance activities.
    b. Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    c. An estimate of the number (by species) of marine mammals that 
are known to have been exposed to visual and acoustic stimuli 
associated with the helicopter operations, restoration, and maintenance 
activities.
    d. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
8. Reporting Prohibited Take
    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.), the 
Society 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

[[Page 9182]]

Jolie.Harrison@noaa.gov and ITP.Cody@noaa.gov and the Assistant Western 
Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@noaa.gov).
    The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     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).
    The Society shall not resume its activities until we are able to 
review the circumstances of the prohibited take. We shall work with the 
Society to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act 
compliance. The Society may not resume their activities until notified 
by us via letter, email, or telephone.
9. Reporting an Injured or Dead Marine Mammal With an Unknown Cause of 
Death
    In the event that the Society 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), the Society 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 Assistant Western 
Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@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 the Society to determine whether modifications in the 
activities are appropriate.
    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.
10. Reporting an Injured or Dead Marine Mammal Not Related to the 
SGRLPS' Activities
    In the event that the Society 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), the Society 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 Assistant Western Regional Stranding Coordinator at (562) 980-3264 
(Justin.Greenman@noaa.gov), within 24 hours of the discovery.
    The Society's staff will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us.
    11. This Authorization may be modified, suspended or withdrawn if 
the holder fails to abide by the conditions prescribed herein, or if 
the authorized taking is having a more than a negligible impact on the 
species or stock of affected marine mammals.
Information Solicited
    We request comments on our analysis, the draft authorization, and 
any other aspect of this notice of proposed Authorization for the 
Society's proposed helicopter operations and restoration/maintenance 
activities. Please include any supporting data or literature citations 
with your comments to help inform our final decision on the Society's 
request for an application.

    Dated: February 11, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-03379 Filed 2-14-14; 8:45 am]
BILLING CODE 3510-22-P