Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to San Nicolas Island Roads and Airfield Repairs Project, 39369-39374 [2014-16148]
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DEPARTMENT OF COMMERCE
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RIN 0648–XD123
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to San Nicolas
Island Roads and Airfield Repairs
Project
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
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AGENCY:
SUMMARY: In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, notification is
hereby given that NMFS has issued an
Incidental Harassment Authorization
(IHA) to the Department of the Navy
(Navy), Naval Base Ventura County
(NBVC), California, to take marine
mammals, by harassment, incidental to
the San Nicolas Island (SNI) roads and
airfield repairs project.
DATES: Effective August 1, 2014, through
November 30, 2014.
ADDRESSES: Electronic copies of the
IHA, application, and associated
Environmental Assessment (EA) and
Finding of No Significant Impact
(FONSI) may be obtained by writing 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,
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.
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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
activity would occur from August 1
through November 30, 2014, with two
separate deliveries of materials to the
island during this time period. Each
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39369
delivery requires approximately 5 days
to complete. The following specific
aspects of the 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 ft2 of airfield surface, shoulders,
and culverts. 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: Regrading 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 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
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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, Pacific 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 is only for the period of
August 1 through November 30, 2014.
NBVC has submitted an application
requesting regulations and a Letter of
Authorization to cover these and other
activities for a 5-year period. Table 1
outlines the proposed delivery schedule
for this project.
TABLE 1—BARGE DELIVERY SUMMARY OVER THE 5-YEAR SPAN OF THE PROJECT
Project
Material required
# of primary
shipping barge
deliveries
Roads Repair (Phase I and Phase II) ......
43,500 tons ........................
*3
Airfield Repairs .........................................
151,500 tons ......................
** 12
Estimated delivery schedule
Year
Year
Year
Year
1
2
3
2
...........................................
...........................................
...........................................
...........................................
Year 3 ...........................................
Year 4 ...........................................
Year 5 ...........................................
2
1
1
2
1
3
1
3
3
x
x
x
x
x
x
x
x
x
13,000 tons.
8,100 tons.
9,400 tons.
13,000 tons.
4,900 tons.
13,000 tons.
3,600 tons.
13,000 tons.
13,000 tons.
* Three primary barge shipments for roads repair include 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).
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Specified Geographic Region
SNI is the outermost of eight Channel
Islands off the coast of southern
California, 63 nautical miles southsouthwest 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
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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 Notice of Proposed IHA (79 FR
10777, February 26, 2014) contains a
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full detailed description of the repair
project, including descriptions of the
steps in the delivery process. That
information has not changed and is
therefore not repeated here.
Comments and Responses
A Notice of Proposed IHA was
published in the Federal Register on
February 26, 2014 (79 FR 10777), for
public comment. During the 30-day
public comment period, NMFS received
one letter from the Marine Mammal
Commission. No other persons or
organizations provided comments on
the proposed issuance of an IHA for this
activity. The Marine Mammal
Commission recommended that NMFS
issue the IHA, subject to inclusion of the
proposed mitigation and monitoring
measures. NMFS has included all of the
mitigation and monitoring measures
proposed in the Notice of Proposed IHA
(79 FR 10777, February 26, 2014) in the
issued IHA.
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
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(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 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
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 in 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
39371
Service and is not considered further in
this 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
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 Notice of Proposed IHA (79
FR 10777, February 26, 2014) and the
NMFS Stock Assessment Report
available online at: https://www.nmfs.
noaa.gov/pr/sars/pdf/po2012.pdf.
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
Northern elephant seal ......
California sea lion ..............
Pacific harbor seal .............
Mirounga angustirostris ....
Zalophus californianus .....
Phoca vitulina richardsi ....
NL
NL
NL
Occurrence
Seasonality
Common ...........................
Common ...........................
Occasional to common .....
Mostly December–mid-May ..
Year round ............................
Mostly February–June ..........
Abundance
124,000
296,750
30,196
NL=Not listed under the ESA.
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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
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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.
Acoustic impacts, such as hearing
impairment, are not anticipated, as
equipment is located far enough away
from pinnipeds that sound levels will
not occur at injurious levels. In the
‘‘Potential Effects of the Specified
Activity on Marine Mammals’’ section
of the Notice of Proposed IHA (79 FR
10777, February 26, 2014), NMFS
included a qualitative discussion of the
different ways that the Navy’s repairs
project may potentially affect marine
mammals. The information contained in
that document has not changed. Please
refer to the proposed IHA for the full
discussion (79 FR 10777, February 26,
2014).
Anticipated Effects on Marine Mammal
Habitat
No critical habitat exists in the area of
the proposed activities. During the
period of the activity, marine mammals
may use various haul-outs around the
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barge landings and around SNI as places
to rest and molt. The pinnipeds do not
feed when hauled out. California 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 haulout 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 reshaped on completion of each shipping
barge offload, at the end of the 5 day
period. Disturbance to marine mammal
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habitat would be only temporary.
Because impacts are anticipated to be
temporary, such that conditions will
return to pre-activity conditions in a
short amount of time, and food sources
will not be impacted, the activity is not
expected to cause significant or longterm consequences for individual
marine mammals or their populations.
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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). This section
summarizes the required mitigation
measures contained in the IHA.
Mitigation Measures in the Navy’s
Application
In the IHA application, the Navy
described 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 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 nonsensitive 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
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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 noncompliance 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.
Additional Mitigation Measures
Required by NMFS
In addition to the mitigation measures
contained in the Navy’s IHA
application, NMFS has required the
following mitigation measures:
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• 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
activity area and the 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.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS,
NMFS has determined that the required
mitigation measures provide the means
of effecting the least practicable impact
on marine mammals species or stocks
and their habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance.
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.
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Monitoring Measures
The Navy biologist will monitor
pinniped reactions to beach barge
landings to ensure pinniped 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 repairrelated 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.
The Navy must also immediately
report to NMFS the sighting of any
injured marine mammals found in the
vicinity of the activity area and the
activities could aggravate the animal’s
condition further. Activities cannot
resume until notified by NMFS via
email or telephone.
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 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 project area and haul out at
other beach areas.
The Navy requested authorization and
NMFS has authorized the take, by Level
B (behavioral) harassment only, of
Pacific harbor seals, California sea lions,
and northern elephant seals. The Navy’s
IHA application and the Notice of
Proposed IHA (79 FR 10777, February
26, 2014) contain a full discussion of
how the take estimates were derived.
Nothing has changed from the proposed
IHA; therefore, the discussion is not
repeated here.
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 3 presents the
numbers of authorized 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.
TABLE 3—AUTHORIZED LEVEL B HARASSMENT TAKE LEVELS, SPECIES OR STOCK ABUNDANCE, PERCENTAGE OF
POPULATION PROPOSED TO BE TAKEN, AND SPECIES TREND STATUS
Authorized
level B take
Common species name
mstockstill on DSK4VPTVN1PROD with NOTICES
Northern elephant seal .......................................................................................
California sea lion ...............................................................................................
Pacific harbor seal .............................................................................................
Analysis and Determinations
Negligible Impact
Negligible impact is ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
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Percentage of
stock potentially affected
124,000
296,750
30,196
0.2
0.3
1.7
250
750
500
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
PO 00000
Abundance of
stock
Population
trend
Increasing.
Increasing.
Stable.
recruitment or survival (i.e., populationlevel 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
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mstockstill on DSK4VPTVN1PROD with NOTICES
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 authorized. The
activities would only occur twice in a 4month period, and each time, activities
would only occur for 5 consecutive
days. Therefore, activities would only
occur for 10 days between August 1 and
November 30.
None of the species for which take is
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
required monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from the Navy’s
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 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 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.
These take estimates represent the
percentage of each species or stock that
could be taken by Level B behavioral
harassment if each animal is taken only
once. The numbers of marine mammals
VerDate Mar<15>2010
18:38 Jul 09, 2014
Jkt 232001
taken are small relative to the affected
species or stock sizes. In addition, the
mitigation and monitoring measures
(described previously in this document)
required in the IHA are expected to
reduce even further any potential
disturbance to marine mammals. NMFS
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). In June 2014, NMFS
prepared its own EA that includes an
analysis of potential environmental
effects associated with NMFS’ issuance
of an IHA to the Navy to take marine
mammals incidental to conducting the
SNI roads and airfield repairs project.
NMFS has finalized the EA and
prepared a FONSI for this action.
Therefore, preparation of an
Environmental Impact Statement is not
necessary.
Authorization
As a result of these determinations,
NMFS has issued 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.
Dated: July 7, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2014–16148 Filed 7–9–14; 8:45 am]
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DEPARTMENT OF EDUCATION
[Docket No. ED–2014–ICCD–0049]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Student Support Services Annual
Performance Report
Office of Postsecondary
Education (OPE), Department of
Education (ED).
ACTION: Notice.
AGENCY:
SUMMARY: In accordance with the
Paperwork Reduction Act of 1995 (44
U.S.C. chapter 3501 et seq.), ED is
proposing an extension of an existing
information collection.
DATES: Interested persons are invited to
submit comments on or before August
11, 2014.
ADDRESSES: Comments submitted in
response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting
Docket ID number ED–2014–ICCD–0049
or via postal mail, commercial delivery,
or hand delivery. If the regulations.gov
site is not available to the public for any
reason, ED will temporarily accept
comments at ICDocketMgr@ed.gov.
Please note that comments submitted by
fax or email and those submitted after
the comment period will not be
accepted; ED will only accept comments
during the comment period in this
mailbox when the regulations.gov site is
not available. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the Director of the
Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW., LBJ,
Mailstop L–OM–2–2E319, Room 2E103,
Washington, DC 20202.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Lavelle Wright,
202–502–7674.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
E:\FR\FM\10JYN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39369-39374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16148]
-----------------------------------------------------------------------
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; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the Department of the Navy
(Navy), Naval Base Ventura County (NBVC), California, to take marine
mammals, by harassment, incidental to the San Nicolas Island (SNI)
roads and airfield repairs project.
DATES: Effective August 1, 2014, through November 30, 2014.
ADDRESSES: Electronic copies of the IHA, application, and associated
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) may be obtained by writing 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, 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 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 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 culverts. 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 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
[[Page 39370]]
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, Pacific 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 is only for the period of August 1 through November 30,
2014. NBVC has submitted an application requesting regulations and a
Letter of Authorization to cover these and other activities for a 5-
year period. Table 1 outlines the proposed delivery schedule for this
project.
Table 1--Barge Delivery Summary Over the 5-Year Span of the Project
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
Project Material required of Estimated delivery schedule
primary
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 include 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 Notice of Proposed IHA (79 FR 10777, February 26, 2014)
contains a full detailed description of the repair project, including
descriptions of the steps in the delivery process. That information has
not changed and is therefore not repeated here.
Comments and Responses
A Notice of Proposed IHA was published in the Federal Register on
February 26, 2014 (79 FR 10777), for public comment. During the 30-day
public comment period, NMFS received one letter from the Marine Mammal
Commission. No other persons or organizations provided comments on the
proposed issuance of an IHA for this activity. The Marine Mammal
Commission recommended that NMFS issue the IHA, subject to inclusion of
the proposed mitigation and monitoring measures. NMFS has included all
of the mitigation and monitoring measures proposed in the Notice of
Proposed IHA (79 FR 10777, February 26, 2014) in the issued IHA.
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
[[Page 39371]]
(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 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
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 in 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 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 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 Notice of Proposed
IHA (79 FR 10777, February 26, 2014) and the NMFS Stock Assessment
Report available online at: https://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf.
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.
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.
Acoustic impacts, such as hearing impairment, are not anticipated,
as equipment is located far enough away from pinnipeds that sound
levels will not occur at injurious levels. In the ``Potential Effects
of the Specified Activity on Marine Mammals'' section of the Notice of
Proposed IHA (79 FR 10777, February 26, 2014), NMFS included a
qualitative discussion of the different ways that the Navy's repairs
project may potentially affect marine mammals. The information
contained in that document has not changed. Please refer to the
proposed IHA for the full discussion (79 FR 10777, February 26, 2014).
Anticipated Effects on Marine Mammal Habitat
No critical habitat exists in the area of the proposed activities.
During the period of the 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. California 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 haulout 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
[[Page 39372]]
habitat would be only temporary. Because impacts are anticipated to be
temporary, such that conditions will return to pre-activity conditions
in a short amount of time, and food sources will not be impacted, the
activity is not expected to cause significant or long-term consequences
for individual marine mammals or their populations.
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). This
section summarizes the required mitigation measures contained in the
IHA.
Mitigation Measures in the Navy's Application
In the IHA application, the Navy described 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 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.
Additional Mitigation Measures Required by NMFS
In addition to the mitigation measures contained in the Navy's IHA
application, NMFS has required 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 activity area and the
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.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
required mitigation measures provide the means of effecting the least
practicable impact on marine mammals species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
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.
[[Page 39373]]
Monitoring Measures
The Navy biologist will monitor pinniped reactions to beach barge
landings to ensure pinniped 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.
The Navy must also immediately report to NMFS the sighting of any
injured marine mammals found in the vicinity of the activity area and
the activities could aggravate the animal's condition further.
Activities cannot resume until notified by NMFS via email or telephone.
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 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 project area and haul out at other beach areas.
The Navy requested authorization and NMFS has authorized the take,
by Level B (behavioral) harassment only, of Pacific harbor seals,
California sea lions, and northern elephant seals. The Navy's IHA
application and the Notice of Proposed IHA (79 FR 10777, February 26,
2014) contain a full discussion of how the take estimates were derived.
Nothing has changed from the proposed IHA; therefore, the discussion is
not repeated here.
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 3 presents the numbers of authorized 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.
Table 3--Authorized Level B Harassment Take Levels, Species or Stock Abundance, Percentage of Population
Proposed To Be Taken, and Species Trend Status
----------------------------------------------------------------------------------------------------------------
Percentage of
Authorized Abundance of stock
Common species name level B take stock potentially Population trend
affected
----------------------------------------------------------------------------------------------------------------
Northern elephant seal............... 250 124,000 0.2 Increasing.
California sea lion.................. 750 296,750 0.3 Increasing.
Pacific harbor seal.................. 500 30,196 1.7 Stable.
----------------------------------------------------------------------------------------------------------------
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). 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
[[Page 39374]]
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
authorized. The activities would only occur twice in a 4-month period,
and each time, activities would only occur for 5 consecutive days.
Therefore, activities would only occur for 10 days between August 1 and
November 30.
None of the species for which take is 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 required monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the Navy's 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 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
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. These take estimates represent the percentage of
each species or stock that could be taken by Level B behavioral
harassment if each animal is taken only once. The numbers of marine
mammals taken are small relative to the affected species or stock
sizes. In addition, the mitigation and monitoring measures (described
previously in this document) required in the IHA are expected to reduce
even further any potential disturbance to marine mammals. NMFS 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). In
June 2014, NMFS prepared its own EA that includes an analysis of
potential environmental effects associated with NMFS' issuance of an
IHA to the Navy to take marine mammals incidental to conducting the SNI
roads and airfield repairs project. NMFS has finalized the EA and
prepared a FONSI for this action. Therefore, preparation of an
Environmental Impact Statement is not necessary.
Authorization
As a result of these determinations, NMFS has issued 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.
Dated: July 7, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2014-16148 Filed 7-9-14; 8:45 am]
BILLING CODE 3510-22-P
