Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to San Nicolas Island Roads and Airfield Repairs Project, 10777-10787 [2014-04196]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 79, Number 38 (Wednesday, February 26, 2014)]
[Notices]
[Pages 10777-10787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-04196]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD123


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to San Nicolas Island Roads and 
Airfield Repairs Project

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 Department of the 
Navy (Navy), Naval Base Ventura County (NBVC), California, for an 
Incidental Harassment Authorization (IHA) to take marine mammals, by 
harassment, incidental to the San Nicolas Island (SNI) roads and 
airfield repairs project. Pursuant to the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to issue an IHA to 
NBVC to incidentally take, by Level B harassment only,

[[Page 10778]]

marine mammals during the specified activity.

DATES: Comments and information must be received no later than March 
28, 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.Nachman@noaa.gov. NMFS is 
not responsible for email comments sent to addresses other than the one 
provided here. Comments sent via email, including all attachments, must 
not exceed a 25-megabyte file size.
    Instructions: All comments received are a part of the public record 
and will generally be posted to https://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information 
(e.g., name, address) voluntarily submitted by the commenter may be 
publicly accessible. Do not submit Confidential Business Information or 
otherwise sensitive or protected information.
    An electronic copy of the application containing a list of the 
references used in this document and the Navy's 2012 Environmental 
Assessment (EA) may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this 
notice may also be viewed, by appointment, during regular business 
hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Candace Nachman, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking, other means of 
effecting the least practicable impact on the species or stock and its 
habitat, and requirements pertaining to the mitigation, monitoring and 
reporting of such takings are set forth. 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 October 23, 2013, we received an application from the Navy for 
the taking of marine mammals incidental to the SNI roads and airfield 
repairs project. NMFS determined that the application was adequate and 
complete on November 6, 2013.
    The Navy proposes to repair roads and the airfield on SNI, 
California. The proposed activity would occur from August 1 through 
November 30, 2014, with two separate deliveries of materials to the 
island during this time period. Each delivery requires approximately 5 
days to complete. The following specific aspects of the proposed 
activities are likely to result in the take of marine mammals: barge 
beach landings, offloading, and removal and construction activities to 
prepare for barge landings. Take, by Level B harassment only, of 
northern elephant seal (Mirounga angustirostris), California sea lion 
(Zalophus californianus), and Pacific harbor seal (Phoca vitulina 
richardsi) is anticipated to result from the specified activity.

Description of the Specified Activity

Overview

    NBVC plans to perform a maintenance and mission-critical 
infrastructure project at SNI to repair the roads and airfield. The 
proposed action would repair up to 12.45 mi of roads and culverts 
during two phases and one million ft\2\ of airfield surface, shoulders, 
and airfield culvert repair. The SNI roads and shoulder repairs will 
require approximately 43,500 tons of aggregate materials. Airfield 
repairs require approximately 151,500 tons of aggregate material. The 
required aggregate is not available on the island and must be delivered 
from the mainland. The pier at Daytona Beach is used for transfer of 
supplies to the island but is not designed to handle large volumes of 
heavy aggregate. The Navy, therefore, proposes to use barge beach 
landings on Daytona and Coast Guard Beaches for offloading materials 
and equipment needed to complete this maintenance and mission-critical 
infrastructure project. Aggregate would be shipped from the mainland 
U.S. to the off-shore area of SNI on a primary shipping barge (13,000-
ton capacity). The aggregate would be transferred from the primary 
shipping barge to a smaller ``tender'' barge (2,000-ton capacity) that 
would land on the beach. Aggregate would be transferred from the 
shipping barge to the tender barge using a conveyor belt or loaders, 
then from the tender barge to dump trucks on shore using either loaders 
or conveyor belts. A typical barge landing operation includes: Re-
grading the existing road from the beach; constructing a temporary ramp 
and berm on the beach; landing the barge; offloading the barge; 
removing the ramp and berm; and restoring the beach to its pre-barge 
landing condition.
    The Navy identified the proposed work as critical to maintaining 
mission readiness: The current degraded road is a safety concern for 
ordnance and operations transport; culvert repairs are necessary to 
reduce erosion and sedimentation; and mission-critical repairs are 
required at the SNI runway that is currently degraded by sinkholes and 
surface deformations.

Dates and Duration

    Up to four separate deliveries would occur each year for 5 years. 
One shipment of 13,000 tons of aggregate would require eight beach 
landings over 5 days (approximately two landings per day, 4 hours for 
each operation). Site preparation would take approximately 1 day, and 
the landings would occur over the remaining 4 days. Because both 
beaches are haul-out sites for California sea lions, harbor seals and 
northern elephant seals, beach landings would occur from August 1 
through November 30, outside the breeding season when these species are 
present only sporadically, and in lower numbers than in other times of 
the year.
    This IHA request is only for the period of August 1 through 
November

[[Page 10779]]

30, 2014. NBVC intends to submit an application requesting regulations 
and a Letter of Authorization to cover these and other activities for a 
5-year period later in 2014. Table 1 outlines the proposed delivery 
schedule for this proposed project.

                       Table 1--Barge Delivery Summary Over the 5-Year Span of the Project
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
Project                           Material required..  Number of primary        Estimated delivery schedule
                                                          shipping barge
                                                              deliveries
----------------------------------------------------------------------------------------------------------------
Roads Repair (Phase I and Phase   43,500 tons........                * 3  Year 1............  2 x 13,000 tons.
 II).
                                                                         ---------------------------------------
                                                                          Year 2............  1 x 8,100 tons.
                                                                         ---------------------------------------
                                                                          Year 3............  1 x 9,400 tons.
----------------------------------------------------------------------------------------------------------------
Airfield repairs................  151,500 tons.......              ** 12  Year 2............  2 x 13,000 tons.
                                                                                              1 x 4,900 tons.
                                                                         ---------------------------------------
                                                                          Year 3............  3 x 13,000 tons.
                                                                                              1 x 3,600 tons.
                                                                         ---------------------------------------
                                                                          Year 4............  3 x 13,000 tons.
                                                                         ---------------------------------------
                                                                          Year 5............  3 x 13,000 tons.
----------------------------------------------------------------------------------------------------------------
* Three primary barge shipments for roads repair includes two full 13,000 ton shipments, and two co-mingled
  shipments, shared with airfield aggregate material (8,100 tons in Year 2 and 9,400 tons in Year 3).
** Twelve primary barge shipments for airfield repairs includes eleven full 13,000 ton shipments, and two co-
  mingled shipments shared with road repair aggregate material (4,900 tons in Year 2 and 3,600 tons in Year 3).

Specified Geographic Region

    SNI is the outermost of eight Channel Islands off the coast of 
southern California, 63 nautical miles south-southwest of Laguna Point 
at NBVC Point Mugu and 75 nautical miles southwest of Los Angeles (see 
Figure 1 in the IHA application). SNI is owned by the Navy and is under 
the jurisdiction of NBVC. The island is approximately 9 mi long and 3.6 
mi wide. Access to the island by the public is strictly controlled for 
security reasons and to safeguard against potential hazards associated 
with military operations. The main support and operational facilities 
on SNI include an airfield runway and terminal, housing and 
administration facilities, a power plant, a fuel farm, a reverse 
osmosis potable water system, and a public works and transportation 
department.
    Daytona Beach is a wide sandy beach at the south end of SNI, the 
most sheltered part of the island (see Figure 1 in the IHA 
application). Water depth and soft bottom conditions off-shore support 
barge anchoring and beach landings. Beach Road is an all-weather paved 
access road that terminates at Daytona pier and a staging area. The 
equipment staging area is paved and equipped with electric light poles 
and adequate space for pier offloads. The staging area is enclosed by 
k-rails that would be temporarily moved to allow access to the beach-
landed barge. The Navy has made barge beach landings at Daytona Beach 
many times in the past.
    Coast Guard Beach is a sandy beach in a relatively sheltered part 
of the island at the east side of SNI, accessible by Beach Road (see 
Figure 1 in the IHA application). The Navy has used this site 
successfully in the past for barge deliveries. On Coast Guard Beach, 
there is approximately 300 ft from the access road to the high tide 
line. Coast Guard Beach has a gentler slope than Daytona Beach. The 
nearshore bottom is soft, and water depths of 2 to 5 ft are suitable 
for beach landings. Existing moorings in the area may potentially be 
used as anchorage points for the primary shipping barge. A short (0.1 
mi) unpaved road that connects Coast Guard Beach to the proposed 
asphalt batch plant site would require re-grading to facilitate 
materials transport. To facilitate re-grading the access road, 
approximately 400 yd\3\ of dirt would be used from the Former Borrow 
Pit, and additional material would be sourced from the Monroe Borrow 
Pit if necessary. A shallow surface scrape of six inches would occur 
across the Former Borrow Pit site to collect material for the access 
road. Re-grading would provide access widths from 30 to 12.5 ft wide 
and a smoother surface for hauling.

Detailed Description of Activities

    The proposed action would repair up to 12.45 mi of roads and 
culverts during two phases, and one million ft\2\ of airfield surface, 
shoulders, and airfield culvert repair. The SNI roads and shoulder 
repairs will require approximately 43,500 tons of aggregate materials. 
Airfield repairs require approximately 151,500 tons of aggregate 
material. The required aggregate is not available on the island and 
must be delivered from the mainland. The pier at Daytona Beach is used 
for transfer of supplies to the island but is not designed to handle 
large volumes of heavy aggregate. The Navy, therefore, proposes to use 
barge beach landings on Daytona and Coast Guard Beaches for offloading 
materials and equipment needed to complete this maintenance and 
mission-critical infrastructure project. Aggregate would be shipped 
from the mainland U.S. to the off-shore area of SNI on a primary 
shipping barge (13,000-ton capacity). The aggregate would be 
transferred from the primary shipping barge to a smaller ``tender'' 
barge (2,000-ton capacity) that would land on the beach. Aggregate 
would be transferred from the shipping barge to the tender barge using 
a conveyor belt or loaders, then from the tender barge to dump trucks 
on shore using either loaders or conveyor belts. Best management 
practices will be instituted to prevent spills into the ocean during 
the aggregate offloading process.
    The Navy proposes to land the tender barges at either Daytona Beach 
or Coast Guard Beach, depending on wind and swell conditions at the 
time of the landing. If conditions are favorable to land at either 
beach the Navy will select the beach with fewer pinnipeds and

[[Page 10780]]

western snowy plovers. Up to four separate deliveries would occur each 
year for 5 years. One shipment of 13,000 tons of aggregate would 
require eight beach landings over 5 days (approximately two landings 
per day, 4 hours for each operation).
    The delivery process consists of:
    Site Preparation: Site preparation would begin the day before the 
tender barge arrives. An authorized biologist would move any harbor 
seals, sea lions, or elephant seals in the immediate area. Elephant 
seals may require active displacement in the work zone, which would be 
done by an authorized biologist. A biologist would remain onsite if any 
marine mammals are to be displaced during barge operations. Pinnipeds 
will only be displaced if they are within the heavy equipment work 
zone, which extends 200 feet on both sides of the landing site. A 
temporary sand ramp would be configured using bulldozers to push, 
grade, and compact sand perpendicular to the shoreline. The ramp would 
require moving about 20 yd\3\ of beach sand at Daytona Beach, or a 
smaller volume of sand at Coast Guard Beach because of its more gradual 
slope. Sand would be moved only above the high tide line. The amount of 
sand to be moved is a function of the beach slope for each landing 
site. Two tractors would be positioned 100 ft on either side of the 
landing area before the tender barge arrives to provide stable 
anchorage for the tender barge. A set of chains and cables would be 
attached to each tractor to secure the tender barge.
    Barge Delivery: The primary shipping barge would drop anchor 
approximately 650 ft off-shore in about 24 ft of water at Coast Guard 
Beach and 45 ft of water at Daytona Beach. The tender barge would tie 
off to the primary shipping barge while the materials are being 
transferred. Materials would be offloaded to the tender barge using a 
conveyor belt or loader. Best Management Practices will be in place to 
minimize spillage into the ocean.
    Barge Beach Landing: Once the tender barge is loaded with 
approximately 2,000 tons from the primary shipping barge, it would cast 
off and the tug boat would push it onto the beach. The tender barge 
would be tethered to each of the two bulldozers, positioned 
approximately 200 ft apart on the beach. Hydraulic winches on the 
tender barge would tighten the chains and secure the barge. Once the 
tender barge is stabilized, fiberglass matting may be laid over the 
temporary sand ramp, if necessary, to provide a stable surface and 
allow traction for vehicles during loading and unloading. Previous 
material transfers onto the beaches have not required matting due to 
stable sand surfaces. The bulldozers at the barge and ramp interface 
would ensure that the anchoring remains stable during unloading.
    Offloading: Aggregate would be offloaded from the tender barge 
either by loaders that load dump trucks or by a conveyor belt directly 
from the barge to dump trucks. Super10 truck and truck tractor/trailer 
support vehicles would be transported to SNI before the material is 
delivered using the Navy supply barge and Navy pier.
    Barge Removal: After all offloading operations are complete, crew 
members would remove any fiberglass matting from the temporary ramp and 
the bulldozers would redistribute the sand above the high-tide line and 
contour the beach to its previous topography. The anchoring cables and 
chains would be released and stored off site for future use. The tug 
would pull the barge away from the beach.
    Noise generated at the temporary asphalt batch plant that would be 
located approximately 300 ft uphill from Coast Guard Beach would be 
approximately 66.5 decibels (dB) at Coast Guard Beach. The beach is 
lower than the temporary asphalt batch plant, and noise from the plant 
would likely be inaudible at this distance over ambient sound at the 
surf zone. Given the low level of noise being generated and the 
distance from the beach, noise from the asphalt batch plant would not 
be expected to adversely affect pinnipeds at Coast Guard Beach.
    The barge landing and materials offload could temporarily displace 
marine mammals from their onshore haulouts, resulting in their movement 
into the water or down-beach. During barge landings, marine mammals may 
avoid the proposed project area and haul out at other beach areas. 
During barge landings and material off-loadings, the Navy biologist or 
qualified project biologist will monitor and displace pinnipeds from 
the landing site as necessary for the safety of the marine mammals and 
construction workers. Temporary barriers will be used, if necessary, to 
keep the displaced pinnipeds from re-entering the area. No marine 
mammal mortalities or injuries are expected from the activity.

Description of Marine Mammals in the Area of the Specified Activity

    Three species of pinnipeds occur regularly on SNI: Northern 
elephant seal; California sea lion; and Pacific harbor seal. These 
species are protected under the MMPA and are not listed under the 
Endangered Species Act (ESA). These three species are expected in small 
numbers on Daytona and Coast Guard Beaches from August 1 through 
November 30. One northern fur seal (Callorhinus ursinus) has been seen 
hauling out with a pup on SNI the past few years (G. Smith, Navy 
biologist, pers. comm.); however, the sightings are infrequent and not 
expected to occur within the proposed activity area. Single individuals 
of Guadalupe fur seal (Arctocephalus townsendi) have been 
intermittently observed over the last few years hauled out along the 
southwest portion of SNI. Records indicate that they are not likely to 
occur on the eastern portion of SNI, where the proposed activities 
would occur. Therefore, these two species are not considered further in 
this notice.
    There are not expected to be any ``takes'' of cetaceans due to 
their rare occurrence of the inshore waters at SNI. Any cetaceans or 
marine mammals in the water surrounding barge landing areas would not 
be affected by the activities, since the distance from the project site 
precludes the potential for visual disturbance. A small translocated 
population of approximately 50 southern sea otters (Enhydra lutris 
nereis) occurs on SNI. This species is managed by the U.S. Fish and 
Wildlife Service and is not considered further in this proposed IHA 
notice.
    Table 2 in this document outlines the status, occurrence, 
seasonality, and abundance of the three marine mammal species most 
likely to occur in the proposed project area. The Navy's IHA 
application contains additional detail on the presence and life history 
of these species. More information can also be found in the NMFS Stock 
Assessment Report available online at: https://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf. A short summary of the distribution, seasonal 
distribution, and life history information is provided next.

[[Page 10781]]



  Table 2--ESA Status, Occurrence, Seasonality in the Project Area, and Abundance of the Species Most Likely To
                                       Occur in the Proposed Project Area
----------------------------------------------------------------------------------------------------------------
         Common name          Scientific name       Status         Occurrence      Seasonality       Abundance
----------------------------------------------------------------------------------------------------------------
Northern elephant seal......  Mirounga         NL.............  Common.........  Mostly December-        124,000
                               angustirostris.                                    mid-May.
California sea lion.........  Zalophus         NL.............  Common.........  Year round.....         296,750
                               californianus.
Pacific harbor seal.........  Phoca vitulina   NL.............  Occasional to    Mostly February-         30,196
                               richardsi.                        common.          June.
----------------------------------------------------------------------------------------------------------------
NL = Not listed under the ESA.

Northern Elephant Seal

    SNI is the second largest elephant seal rookery and hauling ground 
in the Southern California Bight (Lowry, 2002). Each year, 
approximately 30% (23,000 individuals) of the elephant seals hauling 
out on all California shorelines haul out at SNI on Daytona Beach and 
Coast Guard Beach. Currently, elephant seals haul out at Daytona and 
Coast Guard barge landing areas from December through mid-May. This 
time frame encompasses the breeding season and the female and juvenile 
molting period. Adult males have been known to haul out at both Daytona 
and Coast Guard Beaches through August (Lowry, 2002). In 2002, the 
estimated number of individuals at Daytona Beach was more than 2,000 
(U.S. Navy, 2002).
    In general, northern elephant seals primarily breed and give birth 
on off-shore islands, including the Channel Islands, from December to 
March (Stewart and Huber, 1993; Stewart et al., 1994); adults return 
between March and August to molt. The elephant seal breeding season 
peaks in late January to early February and molting peaks in late April 
to early May on SNI (Odell, 1974; Stewart and Yochem, 1984). After they 
spend time at sea to feed, females and juveniles haul out between March 
and May, with peak occurrences in April. Adult males tend to haul out 
and molt between June and August, with peak numbers in July.
    In the late 1980s, elephant seals began to use west Daytona Beach 
(outside of the beach landing area) as a pupping area and have 
gradually moved eastward along the beach over the years. In 1988, 144 
elephant seal pups were born at the west end of Daytona Beach. This 
number has increased steadily since then, reaching a total of 1,000 
pups born at Daytona Beach in 1995 (Lowry et al., 1996).
    Daytona Beach had a two year average, from 2005 and 2010, of 1,787 
elephant seals. Coast Guard Beach had an average of 1,895 elephant 
seals from the same two years (Lowry Unpublished Data). The average 
total of elephant seals for SNI from 2005 and 2010 was 14,750 (Lowry 
Unpublished Data). These numbers represent peak season counts and as 
such, are an overestimate for the proposed fall operations. 
Additionally, the Lowry survey counts were conducted over a larger area 
than the proposed action area at both Daytona and Coast Guard Beach 
(Areas ``C'' and ``Q'' in Figure 3 in the IHA application).
    This species is not listed under the ESA and is not considered 
depleted under the MMPA. Based on trends in pup counts, northern 
elephant seal colonies were continuing to grow in California through 
2005 (Carretta et al., 2013).

California Sea Lion

    The California sea lion is the most common pinniped at SNI. They 
haul out at many sites along southern and western SNI, including 
Daytona Beach and Coast Guard Beach. They haul out on SNI beaches to 
mate and pup beginning in late May and continuing through July. Females 
nurse their pups for 8 months, alternating between nursing the pups on 
land and foraging at sea. During the molting period, they haul out in 
September, and smaller numbers of females and juveniles haul out 
intermittently throughout the year.
    The SNI population has ranged from 43,000 to 57,000 individuals 
since 2001. Pup production between 2003 and 2008 ranged from 25,000 to 
29,000 (U.S. Navy, 2010). Large numbers of sea lions haul out and pup 
0.5 mi west of the barge landing site at Daytona Beach (U.S. Navy, 
2002). Mixed age groups intermittently haul out in the vicinity of the 
Daytona Beach barge landing area throughout the year, and bachelor 
bulls haul out at the barge landing site during June and July (Smith, 
2005). In 2002, the number of California sea lions on Daytona Beach was 
estimated to be about 500 (U.S. Navy, 2002).
    SNI had an average total of 51,797 California sea lions from 2004 
to 2008 (Lowry Unpublished Data). Daytona Beach, between 2004 and 2008, 
had an average of 1,325 California sea lions while Coast Guard Beach 
had an average of 1,380 (Lowry Unpublished Data). These numbers 
represent peak season counts on Daytona and Coast Guard Beaches and as 
such, are an overestimate for the proposed fall operations. 
Additionally, the survey counts were conducted over a larger area than 
the proposed action area at both Daytona and Coast Guard Beach (see 
Figure 3 in the IHA application).
    This species is not listed under the ESA and is not considered 
depleted under the MMPA. Based on trends in pup counts from non-El Nino 
years from 1975-2005, the population appears to be increasing.

Pacific Harbor Seal

    Most harbor seals on SNI haul out at several specific, 
traditionally used sandy, cobble, and gravel beaches. Harbor seals are 
very rare at the barge landing area at Daytona Beach (Smith, 2005). 
However, West Coast Guard Beach is now the largest regularly used haul 
out on SNI (G. Smith, personal communication). Peak counts on SNI are 
about 450 seals, representing about 2 percent of the California stock.
    Harbor seal haul out sites are distributed along mainland 
California and on off-shore islands, including the Channel Islands. 
Pupping occurs on beaches from late February through April on SNI, with 
nursing of pups extending into May. Harbor seals are abundant in late 
May and early June while they are molting and are least abundant in 
winter (Stewart and Yochem, 1984). For the years 2004, 2007 and 2009, 
Daytona Beach had an average of 69 harbor seals and Coast Guard Beach 
had an average of 201 (Lowry Unpublished Data). The average total for 
SNI for 2004, 2007 and 2009 was 800 harbor seals (Lowry Unpublished 
Data). These numbers represent peak season counts and as such, are an 
overestimate for the proposed fall operations. Additionally, the survey 
counts were conducted over a larger area than the proposed action area 
at both Daytona and Coast Guard Beach (see Figure 3 in the IHA 
application).
    This species is not listed under the ESA and is not considered 
depleted under the MMPA. Counts of harbor seals in California increased 
from 1981

[[Page 10782]]

to 2004, and the population on the Channel Islands seems to have 
stabilized (Carretta et al., 2013).

Potential Effects of the Specified Activity 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., barge 
beach landings, offloading, and barge removal) have been observed to or 
are thought to impact marine mammals. This section may include a 
discussion of known effects that do not rise to the level of an MMPA 
take (for example, with acoustics, we may include a discussion of 
studies that showed animals not reacting at all to sound or exhibiting 
barely measurable avoidance). The 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. This section is intended 
as a background of potential effects and does not consider either the 
specific manner in which this activity will be carried out or the 
mitigation that will be implemented or how either of those will 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 are 
expected to be taken by this activity. The ``Negligible Impact 
Analysis'' section will include the analysis of how this specific 
activity will impact marine mammals and will consider the content of 
this section, the ``Estimated Take by Incidental Harassment'' section, 
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on 
Marine Mammal Habitat'' section to draw conclusions regarding the 
likely impacts of this activity on the reproductive success or 
survivorship of individuals and from that on the affected marine mammal 
populations or stocks.
    The majority of impacts are likely to occur from the presence of 
personnel and equipment during the proposed activities. Barge beach 
landings and associated construction could affect pinnipeds hauled out 
at Daytona and Coast Guard beaches in two main ways:
    1. Potential displacement of haul out areas at the barge landing 
site; and
    2. Potential impacts of sound associated with barge landing and 
construction.
    The Navy historically has had to displace pinnipeds from Daytona 
Beach and Coast Guard Beach during past barge landings and during 
construction of the pier at Daytona Beach (in 2005), and during repairs 
of the water system at Coast Guard Beach (in 2005 and 2006). Pinniped 
populations at Daytona Beach increased dramatically during historical 
barge beach landings (Smith, 2005).
    According to pinniped displacement reports from 2003 to 2006, 
individual marine mammals hauling out on Daytona Beach during barge 
beach landings and pier construction appeared temporarily affected by 
the associated sound and presence of humans and equipment. The steady 
increase of pinniped populations at Daytona Beach throughout the 
history of barge beach landings before construction of the pier and 
during construction of the pier, suggests that the animals are not 
adversely affected by these activities. Like at Daytona Beach, marine 
mammals hauling out on Coast Guard Beach during repairs of the water 
system did not appear to be affected by the associated sound and 
presence of humans and equipment. Typical responses to displacement 
included increased alertness, raising of the head, and movement 
laterally along the beach or in the direction of the water (2006 
displacement letter from Grace Smith to Rod McInnis/NMFS). The 
continued use of Coast Guard Beach by elephant seals and sea lions 
suggests that the pinniped populations were not adversely affected by 
these activities. The barge landings are not expected to affect pups or 
pinniped breeding behavior because beach landings would only take place 
from August 1 to November 30, outside the breeding season.
    It may be necessary, for authorized biologists to move pinnipeds, 
if present, before the barge performs a beach landing on SNI. While 
barges transfer material off-shore, it is not anticipated that 
pinnipeds will exhibit startle responses or result in stampedes, as 
barges may be visible but are far enough off-shore to not cause a 
behavioral reaction.
    It is anticipated that marine mammals will move to other available 
beaches and haulouts on SNI, away from the barge beach landings at 
Daytona or Coast Guard beaches. It is unlikely that pinnipeds will 
abandon these haulouts permanently, as noted by the earlier presented 
information.
    Acoustic impacts, such as hearing impairment are not anticipated, 
as equipment is located far enough away from pinnipeds, sound levels 
will not occur at injurious levels.

Anticipated Effects on Marine Mammal Habitat

    No critical habitat exists in the area of the proposed activities. 
During the period of the proposed activity, marine mammals may use 
various haul-outs around the barge landings and around SNI as places to 
rest and molt. The pinnipeds do not feed when hauled out. CA sea lions 
and elephant seals displaced into water usually move down-beach and 
haul out farther away from activity, while harbor seals will most 
likely stay in the water (G. Smith, personal communication). Therefore 
it is not expected that the barge activities will have any impact on 
the food or feeding success of the marine mammals. Although breeding 
occurs on SNI, the project dates have been planned to avoid the 
breeding/pupping season.
    The sandy bottom would be disturbed offshore when the shipping 
barge dropped anchors and when the tender barge landed on the beach. 
Contact with the seafloor would temporarily increase turbidity, but no 
long-term adverse effects would result. Turbidity events would be 
limited to the duration of barge landing and offload.
    The Navy anticipates and NMFS agrees that there will be no loss or 
permanent modification of the habitat used by marine mammal populations 
that haul-out in the barge landing areas. Temporary sand ramps would be 
constructed at Daytona and Coast Guard beaches to allow for transfer of 
material from the barge to dump trucks on the beach. Additionally, two 
tractors would be positioned on either side of the landing area before 
the tender barge arrives to provide stable anchorage for the tender 
barge. The area of the temporary sand ramps would be re-shaped on 
completion of each shipping barge offload, at the end of the 5 day 
period. Disturbance to marine mammal habitat would be only temporary. 
Because impacts are anticipated to be temporary, such that conditions 
will return to pre-activity condition in a short amount of time, and 
food sources will not be impacted, the proposed activity is not 
expected to cause significant or long-term consequences for individual 
marine mammals or their populations.

Proposed Mitigation

    In order to issue an incidental take authorization (ITA) under 
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible 
methods of taking pursuant to such activity, and other means of 
effecting the least practicable 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). 
Later in this document in the ``Proposed Incidental Harassment

[[Page 10783]]

Authorization'' section, NMFS lays out the proposed conditions for 
review, as they would appear in the final IHA (if issued).

Navy Proposed Mitigation Measures

    In the IHA application, the Navy proposed a variety of measures, 
which are designed to reduce the level of disturbance for marine 
mammals that might be hauled out near the proposed barge landing sites. 
Additionally, all operations will be coordinated with the NBVC Point 
Mugu Environmental Division. The proposed mitigation measures include:
     All construction activity will take place within the 
proposed action footprint. Contractors will be provided with maps 
showing the centerlines and limits of surveys that were used for the 
environmental analyses in the final EA prepared by the Navy for this 
project (U.S. Navy, 2012) and informed that construction activity shall 
be confined to those corridors. Stakes will be used to delineate heavy 
equipment work and driving zones. Maps will include the locations of 
U.S. Army Corps of Engineers jurisdictional waters.
     All construction personnel must attend a mandatory 
environmental briefing at the start of the work day for work to be 
performed in sensitive habitats, and personnel attendance must be 
documented. For work in non-sensitive habitats, environmental briefings 
will occur weekly or as needed. Federal regulations regarding protected 
biological species must be emphasized, along with the importance of 
honoring environmental closure areas. The Environmental briefing would 
be given by Naval Facilities Engineering Command (NAVFAC) Southwest and 
NBVC personnel or the project biologist before work begins. If the 
training is given by the project biologist, then NAVFAC Southwest or 
NBVC staff would brief the project biologist, and the biologist would 
brief the crew on the resources and avoidance and compensation measures 
involved in the project. Environmental training will include a 
description of sensitive species and habitats potentially on or near 
the project site, and the surrounding habitat; details on each species' 
habitat requirements; the protective measures to be implemented for 
each species; and the responsibilities of the project biologist and of 
those on site to protect biological resources. The training will 
describe the requirements and boundaries of the project, the importance 
of complying with compensation measures, and the requirements for 
reporting non-compliance and any resolution methods. Training will 
provide information on and legal consequences of the potential effects 
of trash, trespassing, and harassing or harming designated sensitive 
habitat areas and species in or outside of the project footprint.
     Construction equipment will be inspected before 
mobilization to ensure no pinnipeds are under or near equipment.
     During barge landings and offloadings, the Navy biologist 
or qualified project biologist will displace pinnipeds from the landing 
site as necessary for the safety of the marine mammals and construction 
workers. Temporary barriers will be used, if necessary, to keep the 
displaced pinnipeds from re-entering the area. This effort will greatly 
minimize the potential for pinnipeds to be affected by project 
activities.
     No oil, fuel or chemicals will be allowed to discharged to 
waters of the state. Vessels will be equipped with spill kits and 
cleanup materials, and operators will be trained in responding to an 
accidental release of oil, fuel, or chemicals. Offloading equipment 
will be checked for leaks at the start of beach grading and aggregate 
offloading each day.
     Measures will be taken to prevent spillage of aggregate 
during the barge to barge transfer process. Measures may include but 
are not limited to, the use of a tarp or other barrier between the two 
barges, to capture spillage.

NMFS Proposed Mitigation Measures

    In addition to the mitigation measures proposed by the Navy in the 
IHA application, NMFS proposes to include the following mitigation 
measures:
     Displacement must be conducted in such a way as to avoid 
stampedes. Approach of pinnipeds must be conducted gradually.
     Displacement or flushing of pinnipeds should be avoided, 
whenever possible, if dependent pups are present.
     The Navy will suspend activities immediately if an injured 
marine mammal is found in the vicinity of the proposed activity area 
and the proposed activities could aggravate its condition further. The 
incident must be reported to NMFS immediately.

Mitigation Conclusions

    NMFS has carefully evaluated the Navy's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of effecting the least 
practicable impact on the affected marine mammal species and stocks and 
their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measures are 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 NMFS 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 below:
    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 
activities expected 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 activities expected 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 activities 
expected to result in the take of marine mammals (this goal may 
contribute to 1, 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 our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on marine mammals

[[Page 10784]]

species or stocks and their habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    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 ITAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the proposed action area. 
The Navy submitted a marine mammal monitoring plan as part of the IHA 
application. It can be found in Sections X and XII of the application. 
The plan may be modified or supplemented based on comments or new 
information received from the public during the public comment period.
    Monitoring measures prescribed by NMFS 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 in general to generate more data 
to contribute to the analyses mentioned below;
    2. An increase in our understanding of how many marine mammals are 
likely to be exposed to levels of active seismic airguns that we 
associate with specific adverse effects, such as behavioral harassment, 
TTS, or PTS;
    3. An increase in our understanding of how marine mammals respond 
to active seismic airguns or other stimuli expected to result in take 
and how 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:
     Behavioral observations in the presence of active seismic 
operations compared to observations in the absence of active seismic 
airguns (need to be able to accurately predict received level and 
report bathymetric conditions, distance from source, and other 
pertinent information);
     Physiological measurements in the presence of active 
seismic airgun operations compared to observations in the absence of 
seismic airgun operations (need to be able to accurately predict 
received level and report bathymetric conditions, distance from source, 
and other pertinent information); and
     Distribution and/or abundance comparisons in times or 
areas with concentrated active seismic airgun operations versus times 
or areas without active airgun operations.
    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

    The Navy biologist will monitor pinniped reactions to beach barge 
landings to ensure their protection and project compliance with the 
MMPA, and to ensure no Level A take occurs. The project biologist will 
monitor heavy equipment operation on the beach, as needed, to ensure 
compliance with compensation measures and will keep the project 
engineer, NAVFAC Southwest, and NBVC informed about construction that 
may threaten significant biological resources. The project biologist 
will record activities daily and provide electronic versions of 
biological monitoring reports at least weekly to NAVFAC Southwest and 
NBVC. The project biologist will be available to monitor construction 
activities to ensure compliance with sensitive biological resource 
avoidance and minimization measures, including implementation of 
specific measures for protection of marine mammals. The biologist will: 
(1) Ensure impacts on sensitive resources are minimized, (2) educate 
workers about sensitive habitats and how to implement avoidance and 
minimization measures, and (3) attend road repair-related meetings as 
needed.
    Additionally, the Navy will implement the following three 
objectives from the 2010 Integrated Natural Resources Management Plan 
for NVBC, San Nicolas Island, California (INRMP).
    1. Continue to monitor marine mammal populations and evaluate 
interactions related to island activities.
    2. Monitor and protect island-wide pinniped breeding and haul-out 
sites.
    3. Maintain adaptive management strategies to address complex 
issues related to marine mammal resource conflicts and occurrence.
    More information regarding the INRMP and these monitoring goals can 
be found in the Navy's IHA application (see ADDRESSES).

Reporting Measures

    A draft final report must be submitted to NMFS Office of Protected 
Resources within 90 days after the conclusion of the project. The 
report will include a summary of the information gathered pursuant to 
the monitoring requirements set forth in the IHA. The report must also 
summarize the results of the activities, marine mammal behavioral 
observations, and the estimated number of marine mammal takes. A final 
report must be submitted to the Director of the NMFS Office of 
Protected Resources and to the NMFS West Coast Regional Administrator 
within 30 days after receiving comments from NMFS on the draft final 
report. If no comments are received from NMFS, the draft final report 
will be considered to be the final report.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment]. Only take by Level B behavioral 
harassment is anticipated as a result of the proposed roads and 
airfield repairs project. The barge landing and materials offload could 
temporarily displace marine mammals from their onshore haulouts, 
resulting in their movement into the water or down-beach. During barge 
landings, marine mammals may avoid the proposed project area and haul 
out at other beach areas.
    The Navy requests authorization to take three marine mammal species 
by Level B (behavioral) harassment. These three marine mammal species 
are: Pacific harbor seal; California sea lion; and northern elephant 
seal.
    Navy biologists conducted surveys at Daytona and Coast Guard 
beaches in October and November 2011 to count pinniped presence on SNI. 
These results have been used to help estimate the numbers of animals 
that may be taken by harassment during the proposed roads and airfield 
repairs project. Tables 3 through 5 in this document (and Tables 2 
through 4 in the IHA application) outline the data collected during 
these surveys.

[[Page 10785]]



                                                   Table 3--Fall 2011 Survey Results of Elephant Seals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Coast Guard Beach                                             Daytona Beach
       Survey date,  2011        -----------------------------------------------------------------------------------------------------------------------
                                    East/brine pond    Coast Guard Beach   Former borrow pit         West            East of pier        West of pier
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oct 20..........................  N/S...............  N/S...............  0.................  N/S...............  N/S...............  N/S
Oct 25..........................  N/S...............  N/S...............  2 subadults.......  N/S...............  0.................  3 subadults
Oct 27..........................  23 juveniles......  0.................  2 juveniles.......  N/S...............  1 juvenile........  0
                                  2 females.........                      2 females.........
Nov 1...........................  0.................  N/S...............  1 individual......  ~60 mixed           0.................  0
                                                                                               pinnipeds.
Nov 3...........................  N/S...............  N/S...............  2 subadults.......  N/S...............  0.................  0
Nov 7...........................  N/S...............  N/S...............  10 individuals....  N/S...............  0.................  0
Nov 8...........................  N/S...............  0.................  2 individuals.....  N/S...............  0.................  0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: N/S Not surveyed


                                                Table 4--Fall 2011 Survey Results of California Sea Lions
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Coast Guard Beach                                             Daytona Beach
       Survey date,  2011        -----------------------------------------------------------------------------------------------------------------------
                                    East/brine pond    Coast Guard Beach  Former  borrow pit         West            East of pier        West of pier
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oct 20..........................  N/S...............  N/S...............  0.................  N/S...............  N/S...............  N/S
Oct 25..........................  N/S...............  N/S...............  0.................  N/S...............  0.................  1 juvenile
Oct 27..........................  1 female..........  1 juvenile........  1 juvenile........  N/S...............  0.................  0
Nov 1...........................  0.................  N/S...............  0.................  ~60 mixed           0.................  0
                                                                                               pinnipeds.
Nov 3...........................  N/S...............  N/S...............  0.................  N/S...............  0.................  1 subadult male
Nov 7...........................  N/S...............  N/S...............  40 individuals....  N/S...............  0.................  0
Nov 8...........................  N/S...............  0.................  30 individuals....  N/S...............  0.................  0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: N/S Not surveyed


                                                    Table 5--Fall 2011 Survey Results of Harbor Seals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       Coast Guard Beach                                             Daytona Beach
        Survey date, 2011        -----------------------------------------------------------------------------------------------------------------------
                                    East/brine pond    Coast Guard Beach  Former  borrow pit         West            East of pier        West of pier
--------------------------------------------------------------------------------------------------------------------------------------------------------
Oct 20..........................  N/S...............  N/S...............  0.................  N/S...............  N/S...............  N/S
Oct 25..........................  N/S...............  N/S...............  0.................  N/S...............  0.................  0
Oct 27..........................  0.................  0.................  0.................  N/S...............  0.................  0
Nov 1...........................  0.................  N/S...............  0.................  ~60 mixed           0.................  22 individuals
                                                                                               pinnipeds.
Nov 3...........................  N/S...............  N/S...............  0.................  N/S...............  0.................  0
Nov 7...........................  N/S...............  N/S...............  20 individuals....  N/S...............  0.................  0
Nov 8...........................  N/S...............  0.................  10 individuals....  N/S...............  0.................  0
--------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: N/S Not surveyed

    During the first year of this proposed project (August through 
November 2014), the Navy estimates that two shipments and beach 
preparations will occur. This will require a total of 10 days for site 
preparation and offloading operations. Based on the survey data 
collected in 2011 and the number of days of activities, the Navy 
estimates that no more than 50 harbor seal displacements will occur 
each day with the potential for take to be higher in August and lower 
in November when harbor seal numbers are very low on SNI (Stewart and 
Yochem, 1984). It is estimated that 75 sea lion displacements will 
occur each day, but haul-out numbers at Coast Guard Beach are 
intermittent in fall. It is estimated that 25 elephant seal 
displacements will occur each day with numbers increasing in October 
and November. Estimates include displacements during site preparation 
and off-loading. These numbers will likely include the displacement of 
returning individuals, such as elephant seals that will likely move 
back into the hazard area and have to be displaced multiple times. 
Table 6 presents the numbers of estimated takes by Level B (behavioral) 
harassment, the abundance of the stocks, the percentage of the stock 
potentially affected, and the population trend for each species or 
stock.

----------------------------------------------------------------------------------------------------------------
                                      Estimated take by                       Percentage of
         Common species name               level B          Abundance of    stock potentially   Population trend
                                          harassment           stock             affected
----------------------------------------------------------------------------------------------------------------
Northern elephant seal..............                250            124,000                0.2         Increasing
California sea lion.................                750            296,750                0.3         Increasing

[[Page 10786]]

 
Pacific harbor seal.................                500             30,196                1.7             Stable
----------------------------------------------------------------------------------------------------------------

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). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). 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, feeding, migration, 
etc.), as well as the number and nature of estimated Level A harassment 
takes, the number of estimated mortalities, and effects on habitat.
    These activities are anticipated to result in Level B harassment of 
hauled out pinnipeds in the form of displacement or behavioral 
disturbance. These activities are not anticipated to result in injury, 
serious injury, or mortality of any marine mammal species and none is 
proposed to be authorized. The proposed activities would only occur 
twice in a 4-month period, and each time, activities would only occur 
for 5 consecutive days. Therefore, over 4 months, activities would only 
occur for 10 days between August 1 and November 30.
    None of the species for which take is proposed to be authorized are 
listed as threatened or endangered under the ESA or as depleted under 
the MMPA. No critical habitat exists for these species. While certain 
beaches and haulouts on SNI have been used for mating, breeding, and 
pupping, the project dates have been selected to avoid these sensitive 
time periods.
    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 proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the Navy's proposed roads and airfield repairs project 
will have a negligible impact on the affected marine mammal species or 
stocks.

Small Numbers

    Based on survey counts of marine mammals anticipated to be present 
at the two proposed activity sites and the number of times the proposed 
activity would occur, the Navy estimates that a total of 750 California 
sea lions, 500 Pacific harbor seals, and 250 northern elephant seals 
may be taken by Level B (behavioral) harassment during the course of 
the proposed activities. These estimates represent less than 1% of the 
California breeding stock of northern elephant seals and the U.S. stock 
of California sea lions and represents 1.7% of the California stock of 
Pacific harbor seals. 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 small 
numbers of marine mammals will be taken relative to the populations of 
the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Therefore, NMFS has determined that the total taking of 
affected species or stocks would not have an unmitigable adverse impact 
on the availability of such species or stocks for taking for 
subsistence purposes.

Endangered Species Act (ESA)

    No species listed under the ESA are expected to be affected by 
these activities. Therefore, NMFS has determined that a section 7 
consultation under the ESA is not required.

National Environmental Policy Act (NEPA)

    In June 2012, the Navy prepared a final EA for the San Nicolas 
Island Roads and Airfield Repairs Project Naval Base Ventura County, 
California. This EA is available on our Web site (see ADDRESSES). NMFS 
will review the Navy EA and either adopt it or prepare its own NEPA 
document before making a determination on the issuance of an IHA.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the Navy for the take of marine mammals incidental to 
conducting a road and airfield repairs project on SNI, California, from 
August 1 through November 30, 2014, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated. 
The proposed IHA language is provided next.
    This section contains a draft of the IHA itself. The wording 
contained in this section is proposed for inclusion in the IHA (if 
issued).
    1. This IHA is valid from August 1 through November 30, 2014.
    2. This IHA is valid only for the Navy's roads and airfield repairs 
project activities at Daytona and Coast Guard beaches, as described in 
the Navy's IHA application.
    3. Species Authorized and Level of Take.
    a. The incidental taking of marine mammals, by Level B harassment 
only, is limited to the following species:
    i. Northern elephant seals--250.
    ii. Pacific harbor seals--500.
    iii. California sea lions--750.
    b. The taking by injury (Level A harassment) serious injury, or 
death of any of the species listed in condition 3(a) or the taking of 
any kind of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this IHA.
    4. The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported immediately to the Incidental Take 
Program Supervisor, Permits and Conservation Division, Office of 
Protected Resources, NMFS or her designee.
    5. Mitigation and Monitoring Requirements: The Holder of this 
Authorization is required to implement the following mitigation and 
monitoring requirements when conducting the specified activities to 
achieve the least practicable impact on affected marine mammal species 
or stocks:
    a. All construction activities will occur within the proposed 
action footprint, and contractors will be provided with maps 
delineating the

[[Page 10787]]

area. Stakes will be used to delineate heavy equipment work and driving 
zones.
    b. All construction personnel must attend a mandatory environmental 
briefing at the start of the work day for work to be performed in 
pinniped haulout sites, and personnel attendance must be documented.
    c. Construction equipment must be inspected before mobilization to 
ensure no pinnipeds are under or near equipment.
    d. If displacement of pinnipeds is conducted, temporary barriers 
must be used, if necessary, to keep the displaced pinnipeds from re-
entering the area during activities.
    e. Displacement must be conducted in such a way as to avoid 
stampedes. Approach of pinnipeds must be conducted gradually.
    f. Displacement or flushing of pinnipeds should be avoided, 
whenever possible, if dependent pups are present.
    g. The Navy will suspend activities immediately if an injured 
marine mammal is found in the vicinity of the proposed activity area 
and the proposed activities could aggravate its condition further. The 
incident must be reported to NMFS immediately.
    h. No oil, fuel or chemicals will be allowed to discharged to 
waters of the state. Vessels will be equipped with spill kits and 
cleanup materials, and operators will be trained in responding to an 
accidental release of oil, fuel, or chemicals. Offloading equipment 
will be checked for leaks at the start of beach grading and aggregate 
offloading each day.
    i. Measures will be taken to prevent spillage of aggregate during 
the barge to barge transfer process. Measures may include but are not 
limited to, the use of a tarp or other barrier between the two barges, 
to capture spillage.
    j. The Navy shall monitor marine mammal populations and evaluate 
interactions related to island activities.
    k. The project biologist will record activities daily and provide 
electronic versions of biological monitoring reports at least weekly to 
NAVFAC Southwest and NBVC.
    l. The Navy shall monitor and protect island-wide pinniped breeding 
and haul-out sites and abide by the conditions for this monitoring 
program contained in the INRMP.
    m. The holder of this IHA is required to conduct monitoring of 
marine mammals present at the activity sites prior to, during, and for 
30 minutes after the cessation of activities. Information to be 
recorded shall include the following: Species counts (with numbers of 
pups/juveniles); and Numbers of disturbances, by species and age, 
according to a three-point scale of intensity including (1) Head 
orientation in response to disturbance, which may include turning head 
towards the disturbance, craning head and neck while holding the body 
rigid in a u-shaped position, or changing from a lying to a sitting 
position and/or slight movement of less than 1 m; ``alert''; (2) 
Movements in response to or away from disturbance, typically over short 
distances (1-3 m) and including dramatic changes in direction or speed 
of locomotion for animals already in motion; ``movement''; and (3) All 
flushes to the water as well as lengthier retreats (> 3 m); ``flight''.
    6. Reporting: The holder of this IHA is required to submit a draft 
monitoring report to NMFS Office of Protected Resources within 90 days 
after the conclusion of the activities. A final report shall be 
prepared and submitted within 30 days following resolution of any 
comments on the draft report from NMFS. This report must contain the 
informational elements described in condition 5(m), at minimum.
    7. This IHA may be modified, suspended or withdrawn if the holder 
fails to abide by the conditions prescribed herein, or if the 
authorized taking is having more than a negligible impact on the 
species or stock of affected marine mammals.
    8. A copy of this IHA must be in the possession of anyone operating 
under the authority of this Incidental Harassment Authorization.
    9. Penalties and Permit Sanctions: Any person who violates any 
provision of this Incidental Harassment Authorization is subject to 
civil and criminal penalties, permit sanctions, and forfeiture as 
authorized under the MMPA.

Request for Public Comments

    NMFS requests comments on our analysis, the draft authorization, 
and any other aspect of the Notice of Proposed IHA for the Navy's roads 
and airfield repairs project on SNI, California. Please include with 
your comments any supporting data or literature citations to help 
inform our final decision on the Navy's request for an MMPA 
authorization.

    Dated: February 20, 2014.
Perry F. Gayaldo,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-04196 Filed 2-25-14; 8:45 am]
BILLING CODE 3510-22-P