Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, California, 20175-20180 [2014-08157]
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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
auxiliary aids should be directed to the
council office (see ADDRESSES) 3 days
prior to the meeting.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Note: The times and sequence specified in
this agenda are subject to change.
RIN 0648–XD217
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council
(SAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of a public meeting.
AGENCY:
The South Atlantic Fishery
Management Council (SAFMC) will
hold a meeting of Golden Crab Advisory
Panel (AP), in Dania Beach, FL.
DATES: The meeting will be held on
Friday, May 2, 2014, from 1 p.m. until
5 p.m.
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Meeting address: The meeting will be
held at the Fairfield Inn & Suites
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Beach, FL 33312; telephone: (954) 981–
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Council address: South Atlantic
Fishery Management Council, 4055
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Charleston, SC 29405.
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SAFMC; telephone: (843) 571–4366 or
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SUMMARY:
Agenda for Friday, May 2, 2014
1. Approve the agenda and the
meeting minutes from January 31, 2013.
2. Receive an overview of Golden
Crab Amendment 9, pertaining to
accountability measures (AMs). Discuss
the amendment and make
recommendations.
Although non-emergency issues not
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Authority: 16 U.S.C. 1801 et seq.
Dated: April 8, 2014.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2014–08146 Filed 4–10–14; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
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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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, we hereby give
notification that the National Marine
Fisheries Service has issued an
Incidental Harassment Authorization
(Authorization) to St. George Reef
Lighthouse Preservation Society
(Society), to take by harassment
incidental to conducting aircraft
operations, lighthouse renovation, and
light maintenance activities on the St.
George Reef Light Station on Northwest
Seal Rock in the northeast Pacific
Ocean.
SUMMARY:
Effective April 11 2014, through
April 10, 2015.
ADDRESSES: The public may obtain an
electronic copy of the Society’s
application, supporting documentation,
the authorization, and a list of the
references cited in this document by
visiting: https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications. In
the case of problems accessing these
documents, please call the contact listed
here (see FOR FURTHER INFORMATION
CONTACT).
The Environmental Assessment and
associated Finding of No Significant
Impact, prepared pursuant to the
National Environmental Policy Act of
1969, are also available at the same site.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, Office of Protected
Resources, NMFS (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Section 101(a)(5)(D) of the Marine
Mammal Protection Act (MMPA; 16
U.S.C. 1361 et seq.) directs the Secretary
of Commerce to authorize, upon request,
the incidental, but not intentional,
taking of small numbers of marine
mammals of a species or population
stock, by United States citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if: (1) NMFS makes
certain findings; (2) the taking is limited
to harassment; and (3) NMFS provides
a notice of a proposed authorization to
the public for review.
NMFS shall grant an authorization for
the incidental taking of small numbers
of marine mammals if we find that the
taking will have a negligible impact on
the species or stock(s), and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant). Also,
the authorization must set forth the
permissible methods of taking and
requirements pertaining to the
monitoring and reporting of such
takings. 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 NMFS 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
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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
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
11 through April 30, 2014 and
November 1, 2014, through April 10,
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), eastern
distinct population segment (DPS); and
northern fur seals (Callorhinus ursinus)
could result from the specified activity.
To date, NMFS has 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 (NWSR) 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.
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Dates and Duration
The Authorization would be effective
from April 11 through April 30, 2014
and November 1, 2014, through April
10, 2015. Following is a brief summary
of the dates and duration of the
activities.
The purpose of the project is to
restore the lighthouse and to conduct
annual and emergency maintenance on
the Station’s optical light system. 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
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would last no more than three days (e.g.,
Friday, Saturday, and Sunday).
www.nmfs.noaa.gov/pr/sars/pdf/
ak2012.pdf.
Specified Geographic Region
The Station is located on a small,
rocky islet (41°50′24″ N, 124°22′06″ W)
approximately nine kilometers (km) (6.0
miles (mi)) in the northeast Pacific
Ocean, offshore of Crescent City,
California (Latitude: 41°46′48″ N;
Longitude: 124°14′11″ W). NWSR is
approximately 91.4 m (300 ft) in
diameter that peaks at 5.18 m (17 ft)
above mean sea level.
Other Marine Mammals in the Proposed
Action Area
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. The Society has not encountered
the species during the course of the
previous four Authorizations. The U.S.
Fish and Wildlife Service (USFWS)
manages this species and NMFS does
not consider it further in this notice of
issuance of an Authorization.
Detailed Description of Activities
We outlined the purpose of the
Society’s activities in a previous notice
for the proposed authorization (79 FR
9170, February 18, 2014). The proposed
activities have not changed between the
proposed authorization notice and this
final notice announcing the issuance of
the Authorization. For a more detailed
description of the authorized action, we
refer the reader to the notice for the
proposed authorization (79 FR 9170,
February 18, 2014).
Comments and Responses
We published a notice of receipt of
the Society’s application and proposed
Authorization in the Federal Register
on February 18, 2014 (79 FR 9170).
During the 30-day comment period, we
received one comment from the Marine
Mammal Commission (Commission)
which recommended that NMFS issue
the requested Authorization, provided
that the Society carries out the required
monitoring and mitigation measures as
described in the notice of the proposed
authorization (79 FR 9170, February 18,
2014) and the application. We have
included all measures proposed in the
notice of the proposed authorization (79
FR 9170, February 18, 2014) in the
Authorization.
Description of the Marine Mammals in
the Area of the Proposed Specified
Activity
The marine mammals most likely to
be harassed incidental to the Society’s
helicopter operations, lighthouse
restoration, and lighthouse maintenance
on NWSR 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. NMFS refers the public to Carretta
et al., (2013) and Allen and Angliss
(2013) for general information on these
species which we presented in the
notice of the proposed authorization (79
FR 9170, February 18, 2014). The
publications are available at: https://
www.nmfs.noaa.gov/pr/sars/pdf/
po2012.pdf and https://
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Potential Effects on Marine Mammals
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); and (3)
maintenance activities (e.g., bulb
replacement and automation of the light
system) may have the potential to cause
California sea lions, Pacific harbor seals,
northern elephant seals, and Steller sea
lions hauled out on NWSR to flush into
the surrounding water or to cause a
short-term behavioral disturbance for
marine mammals.
NMFS expects that acoustic and
visual stimuli resulting from the
Society’s proposed activities have the
potential to harass marine mammals.
NMFS also expects that these
disturbances would be temporary and
result, at worst, in a temporary
modification in behavior and/or lowlevel physiological effects (Level B
harassment) of certain species of marine
mammals.
We included a summary and
discussion of the ways that the types of
stressors associated with the Society’s
specified activities (i.e., visual and
acoustic disturbances) have the
potential to impact marine mammals in
a previous notice for the proposed
authorization (79 FR 9170, February 18,
2014).
Rookeries: There are no rookeries for
California sea lions, Pacific harbor seals,
northern elephant seals, and Steller sea
lions on NWSR and there are no reports
of these species breeding on the islet.
Anticipated Effects on Habitat
NMFS considered these impacts in
detail in the notice for the proposed
authorization (79 FR 9170, February 18,
2014). Briefly, NMFS does not
anticipate that the proposed activities
would result in any significant or longterm effects on the habitats used by the
marine mammals in the proposed area,
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including the food sources they use (i.e.,
fish and invertebrates). While NMFS
anticipates that the specified activity
could potentially result in marine
mammals avoiding certain areas due to
temporary ensonification and human
presence, this impact to habitat is
temporary and reversible. NMFS does
not consider behavioral modification to
cause significant or long-term
consequences for individual marine
mammals or their populations.
restoration and maintenance activities
for that day.
The Authorization would limit the
Society’s access to NWSR from May 1,
2014, through October 31, 2014 in the
event that mothers and pups haul out on
the islet. NMFS estimates that the
likelihood of mother-pup separation
during helicopter overflights would be
rare as the authorized activities would
occur outside of the breeding season for
the pinnipeds present on NWSR
Mitigation
Avoidance of Visual and Acoustic
Contact With People
The Society would instruct its
members and restoration crews to avoid
making unnecessary noise and not
present themselves visually to
pinnipeds around the base of the
Station. The door to the lower platform
(which the pinnipeds occasionally use
to rest) shall remain closed and
barricaded to all tourists and other
personnel.
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 requires the
following mitigation measures.
Time and Frequency
The Society would conduct
restoration activities at a maximum of
once per month between April 11
through April 30, 2014 and November 1,
2014, through April 10, 2015. Each
restoration session would last no more
than three days. Maintenance of the
light beacon would occur only in
conjunction with restoration activities.
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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
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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. NMFS’ 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 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 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
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20177
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 helicopter operations or
human presence that NMFS expects 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 the evaluation of the
Society’s proposed measures, NMFS has
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.
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
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
NMFS expects to be present in the
proposed action area.
As part of its 2013 application, the
Society proposed to sponsor marine
mammal monitoring during the present
project, in order to implement the
mitigation measures that require realtime monitoring, and to satisfy the
monitoring requirements of the
Authorization.
At least once during the period
between April 11 through April 30,
2014 and November 1, 2014, through
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April 10, 2015, a qualified biologist will
be present during all three workdays at
the Station. The qualified biologist hired
will be subject to approval by NMFS.
He/she 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
will 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. The
Society will forward the photographs to
a biologist capable of discerning marine
mammal species. The Society shall
provide the data to NMFS in the form
of a report with a data table, any other
significant observations related to
marine mammals, and a report of
restoration activities.
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 and have
not exceeded activity levels analyzed
under previous Authorizations. The
results from previous monitoring reports
support our findings that the proposed
mitigation measures, which NMFS also
required under the 2010–2013
Authorizations provide the means of
effecting the least practicable adverse
impact on the species or stock.
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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 NMFS 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 NMFS on
the draft Monitoring Report, then NMFS
will consider the draft Monitoring
Report to be the Final Monitoring
Report. The final report will provide:
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1. A summary and table of the dates,
times, and weather during all helicopter
operations, and restoration and
maintenance activities.
2. Species, number, location, and
behavior of any marine mammals,
observed throughout all monitoring
activities.
3. An estimate of the number (by
species) of marine mammals exposed to
acoustic or visual stimuli associated
with the helicopter operations,
restoration, and maintenance activities.
4. A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the Authorization and full
documentation of methods, results, and
interpretation pertaining to all
monitoring.
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by the authorization (if
issued), such as an injury (Level A
harassment), serious injury, or mortality
(e.g., vessel-strike, stampede, etc.), 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
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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, 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 same
information identified in the paragraph
above this section. Activities may
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,
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) 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 NMFS.
Estimated Take by Incidental
Harassment
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as:
any act of pursuit, torment, or annoyance
which (i) has the potential to injure a marine
mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns, including,
but not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
[Level B harassment].
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
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restoration and maintenance activities
on NWSR.
Based on pinniped survey counts
conducted the Society 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 would 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 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 Determinations
tkelley on DSK3SPTVN1PROD with NOTICES
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
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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-
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20179
out sites after the Society conducted
their activities.
(3) There is no potential for largescale 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 is not
authorizing 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
disturbances. Further, these activities
will 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 finds that the Society’s proposed
helicopter operations and restoration/
maintenance activities will 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
(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).
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Federal Register / Vol. 79, No. 70 / Friday, April 11, 2014 / Notices
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 finds that the Society’s helicopter
operations and restoration/maintenance
activities will take small numbers of
marine mammals relative to the
populations of the affected species or
stocks.
Authorization
As a result of these determinations,
NMFS has issued an Authorization to
the Society for conducting helicopter
operations and restoration activities on
the St. George Light Station in the
northeast Pacific Ocean, April 11
through April 30, 2014 and November 1,
2014, through April 10, 2015, provided
they incorporate the previously
mentioned mitigation, monitoring, and
reporting requirements.
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.
Dated: April 7, 2014.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
tkelley on DSK3SPTVN1PROD with NOTICES
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 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
Authorization requiring evaluation in a
supplemental EA and NMFS, therefore,
intends to reaffirm the 2010 FONSI. An
electronic copy of the EA and the
FONSI for this activity is available upon
request (see ADDRESSES).
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[FR Doc. 2014–08157 Filed 4–10–14; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD110
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Russian River
Estuary Management Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Sonoma County Water Agency (SCWA)
to incidentally harass, by Level B
harassment only, three species of
marine mammals during estuary
management activities conducted at the
mouth of the Russian River, Sonoma
County, California.
DATES: This IHA is effective for the
period of one year, from April 21, 2014,
through April 20, 2015.
FOR FURTHER INFORMATION CONTACT: Ben
Laws, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Availability
Electronic copies of SCWA’s
application and any supporting
documents, as well as a list of the
references cited in this document, may
be obtained by visiting the Internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. In the case of problems
accessing these documents, please call
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
the contact listed above. NMFS’
Environmental Assessment (2010) and
associated Finding of No Significant
Impact, prepared pursuant to the
National Environmental Policy Act, and
NMFS’ Biological Opinion (2008) on the
effects of Russian River management
activities on salmonids, prepared
pursuant to the Endangered Species Act,
are also available at the same site.
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (Secretary)
to allow, upon request by U.S. citizens
who engage in a specified activity (other
than commercial fishing) within a
specified area, the incidental, but not
intentional, taking of small numbers of
marine mammals, providing that certain
findings are made and the necessary
prescriptions are established.
The incidental taking of small
numbers of marine mammals may be
allowed only if NMFS (through
authority delegated by the Secretary)
finds that the total taking by the
specified activity during the specified
time period will (i) have a negligible
impact on the species or stock(s) and (ii)
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant). Further, the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such taking must be set
forth, either in specific regulations or in
an authorization.
The allowance of such incidental
taking under section 101(a)(5)(A), by
harassment, serious injury, death or a
combination thereof, requires that
regulations be established.
Subsequently, a Letter of Authorization
may be issued pursuant to the
prescriptions established in such
regulations, providing that the level of
taking will be consistent with the
findings made for the total taking
allowable under the specific regulations.
Under section 101(a)(5)(D), NMFS may
authorize such incidental taking by
harassment only, for periods of not more
than 1 year, pursuant to requirements
and conditions contained within an
IHA. The establishment of prescriptions
through either specific regulations or an
authorization requires notice and
opportunity for public comment.
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
E:\FR\FM\11APN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 70 (Friday, April 11, 2014)]
[Notices]
[Pages 20175-20180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08157]
-----------------------------------------------------------------------
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; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, we hereby give notification that the National Marine
Fisheries Service has issued an Incidental Harassment Authorization
(Authorization) to St. George Reef Lighthouse Preservation Society
(Society), to take by harassment incidental to conducting aircraft
operations, lighthouse renovation, and light maintenance activities on
the St. George Reef Light Station on Northwest Seal Rock in the
northeast Pacific Ocean.
DATES: Effective April 11 2014, through April 10, 2015.
ADDRESSES: The public may obtain an electronic copy of the Society's
application, supporting documentation, the authorization, and a list of
the references cited in this document by visiting: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. In the case
of problems accessing these documents, please call the contact listed
here (see FOR FURTHER INFORMATION CONTACT).
The Environmental Assessment and associated Finding of No
Significant Impact, prepared pursuant to the National Environmental
Policy Act of 1969, are also available at the same site.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected
Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Section 101(a)(5)(D) of the Marine Mammal Protection Act (MMPA; 16
U.S.C. 1361 et seq.) directs the Secretary of Commerce to authorize,
upon request, the incidental, but not intentional, taking of small
numbers of marine mammals of a species or population stock, by United
States citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if: (1) NMFS
makes certain findings; (2) the taking is limited to harassment; and
(3) NMFS provides a notice of a proposed authorization to the public
for review.
NMFS shall grant an authorization for the incidental taking of
small numbers of marine mammals if we find that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). Also, the authorization
must set forth the permissible methods of taking and requirements
pertaining to the monitoring and reporting of such takings. 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 NMFS 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
[[Page 20176]]
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 11 through April 30, 2014 and November 1, 2014, through
April 10, 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), eastern
distinct population segment (DPS); and northern fur seals (Callorhinus
ursinus) could result from the specified activity.
To date, NMFS has 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 (NWSR)
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.
Dates and Duration
The Authorization would be effective from April 11 through April
30, 2014 and November 1, 2014, through April 10, 2015. Following is a
brief summary of the dates and duration of the activities.
The purpose of the project is to restore the lighthouse and to
conduct annual and emergency maintenance on the Station's optical light
system. 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).
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
We outlined the purpose of the Society's activities in a previous
notice for the proposed authorization (79 FR 9170, February 18, 2014).
The proposed activities have not changed between the proposed
authorization notice and this final notice announcing the issuance of
the Authorization. For a more detailed description of the authorized
action, we refer the reader to the notice for the proposed
authorization (79 FR 9170, February 18, 2014).
Comments and Responses
We published a notice of receipt of the Society's application and
proposed Authorization in the Federal Register on February 18, 2014 (79
FR 9170). During the 30-day comment period, we received one comment
from the Marine Mammal Commission (Commission) which recommended that
NMFS issue the requested Authorization, provided that the Society
carries out the required monitoring and mitigation measures as
described in the notice of the proposed authorization (79 FR 9170,
February 18, 2014) and the application. We have included all measures
proposed in the notice of the proposed authorization (79 FR 9170,
February 18, 2014) in the Authorization.
Description of the Marine Mammals in the Area of the Proposed Specified
Activity
The marine mammals most likely to be harassed incidental to the
Society's helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR 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. NMFS refers the public to Carretta et al.,
(2013) and Allen and Angliss (2013) for general information on these
species which we presented in the notice of the proposed authorization
(79 FR 9170, February 18, 2014). The publications are available at:
https://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf and https://www.nmfs.noaa.gov/pr/sars/pdf/ak2012.pdf.
Other Marine Mammals in the Proposed Action Area
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. The Society has not encountered the species during the course of
the previous four Authorizations. The U.S. Fish and Wildlife Service
(USFWS) manages this species and NMFS does not consider it further in
this notice of issuance of an Authorization.
Potential Effects on Marine Mammals
Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause California sea lions, Pacific harbor
seals, northern elephant seals, and Steller sea lions hauled out on
NWSR to flush into the surrounding water or to cause a short-term
behavioral disturbance for marine mammals.
NMFS expects that acoustic and visual stimuli resulting from the
Society's proposed activities have the potential to harass marine
mammals. NMFS also expects that these disturbances would be temporary
and result, at worst, in a temporary modification in behavior and/or
low-level physiological effects (Level B harassment) of certain species
of marine mammals.
We included a summary and discussion of the ways that the types of
stressors associated with the Society's specified activities (i.e.,
visual and acoustic disturbances) have the potential to impact marine
mammals in a previous notice for the proposed authorization (79 FR
9170, February 18, 2014).
Rookeries: There are no rookeries for California sea lions, Pacific
harbor seals, northern elephant seals, and Steller sea lions on NWSR
and there are no reports of these species breeding on the islet.
Anticipated Effects on Habitat
NMFS considered these impacts in detail in the notice for the
proposed authorization (79 FR 9170, February 18, 2014). Briefly, NMFS
does not anticipate that the proposed activities would result in any
significant or long-term effects on the habitats used by the marine
mammals in the proposed area,
[[Page 20177]]
including the food sources they use (i.e., fish and invertebrates).
While NMFS anticipates that the specified activity could potentially
result in marine mammals avoiding certain areas due to temporary
ensonification and human presence, this impact to habitat is temporary
and reversible. NMFS does not consider behavioral modification to cause
significant or long-term consequences for individual marine mammals or
their populations.
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
requires the following mitigation measures.
Time and Frequency
The Society would conduct restoration activities at a maximum of
once per month between April 11 through April 30, 2014 and November 1,
2014, through April 10, 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.
The Authorization would limit the Society's access to NWSR from May
1, 2014, through October 31, 2014 in the event that mothers and pups
haul out on the islet. NMFS estimates that the likelihood of mother-pup
separation during helicopter overflights would be rare as the
authorized activities would occur outside of the breeding season for
the pinnipeds present on NWSR
Avoidance of Visual and Acoustic Contact With People
The Society would instruct its members and restoration crews to
avoid making unnecessary noise and not present themselves visually to
pinnipeds around the base of the Station. The door to the lower
platform (which the pinnipeds occasionally use to rest) 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. NMFS' 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 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 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 helicopter
operations or human presence that NMFS expects 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 the evaluation of the Society's proposed measures, NMFS
has 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.
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 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 NMFS expects to be present in the
proposed action area.
As part of its 2013 application, the Society proposed to sponsor
marine mammal monitoring during the present project, in order to
implement the mitigation measures that require real-time monitoring,
and to satisfy the monitoring requirements of the Authorization.
At least once during the period between April 11 through April 30,
2014 and November 1, 2014, through
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April 10, 2015, a qualified biologist will be present during all three
workdays at the Station. The qualified biologist hired will be subject
to approval by NMFS. He/she 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 will 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. The Society will
forward the photographs to a biologist capable of discerning marine
mammal species. The Society shall provide the data to NMFS in the form
of a report with a data table, any other significant observations
related to marine mammals, and a report of restoration activities.
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 and have not exceeded activity levels
analyzed under previous Authorizations. The results from previous
monitoring reports support our findings that the proposed mitigation
measures, which NMFS also required under the 2010-2013 Authorizations
provide the means of effecting the least practicable adverse impact on
the species or stock.
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 NMFS 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 NMFS on the draft
Monitoring Report, then NMFS will consider the draft Monitoring Report
to be the Final Monitoring Report. The final report will provide:
1. A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
2. Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
3. An estimate of the number (by species) of marine mammals exposed
to acoustic or visual stimuli associated with the helicopter
operations, restoration, and maintenance activities.
4. A description of the implementation and effectiveness of the
monitoring and mitigation measures of the Authorization and full
documentation of methods, results, and interpretation pertaining to all
monitoring.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the
authorization (if issued), such as an injury (Level A harassment),
serious injury, or mortality (e.g., vessel-strike, stampede, etc.), 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, 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 same
information identified in the paragraph above this section. Activities
may 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, 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) 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
NMFS.
Estimated Take by Incidental Harassment
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
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
[[Page 20179]]
restoration and maintenance activities on NWSR.
Based on pinniped survey counts conducted the Society 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 would 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 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 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 is not authorizing 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 disturbances. Further, these activities will 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 finds that the Society's proposed helicopter
operations and restoration/maintenance activities will 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 (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).
[[Page 20180]]
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 finds that the Society's helicopter operations and
restoration/maintenance activities will 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 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 Authorization requiring evaluation in a
supplemental EA and NMFS, therefore, intends to reaffirm the 2010
FONSI. An electronic copy of the EA and the FONSI for this activity is
available upon request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS has issued an
Authorization to the Society for conducting helicopter operations and
restoration activities on the St. George Light Station in the northeast
Pacific Ocean, April 11 through April 30, 2014 and November 1, 2014,
through April 10, 2015, provided they incorporate the previously
mentioned mitigation, monitoring, and reporting requirements.
Dated: April 7, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2014-08157 Filed 4-10-14; 8:45 am]
BILLING CODE 3510-22-P
