Takes of Marine Mammals Incidental to Specified Activities; Land Survey Activities Within the Eastern Aleutian Islands Archipelago, Alaska, 2015, 34385-34391 [2015-14700]
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Federal Register / Vol. 80, No. 115 / Tuesday, June 16, 2015 / Notices
The
requested amendment has been granted
under the authority of the Marine
Mammal Protection Act of 1972, as
amended (16 U.S.C. 1361 et seq.) and
the regulations governing the taking and
importing of marine mammals (50 CFR
part 216).
The current permit (No. 14610–03),
issued on August 11, 2014 (75 FR
30383) authorized vessel and aerial
surveys, photo-identification, remote
biopsy and instrument attachment
research activities on beluga
(Delphinapterus leucas), endangered
bowhead (Balaena mysticetus), gray
(Eschrictius robustus), and endangered
humpback whales (Megaptera
novaeangliae) through May 31, 2015.
The minor amendment (No. 14610–04)
extends the duration of the permit by
one year through May 31, 2016, but does
not change any other terms or
conditions of the permit.
SUPPLEMENTARY INFORMATION:
Dated: June 10, 2015.
Julia Harrison,
Chief, Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service.
[FR Doc. 2015–14753 Filed 6–15–15; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD814
Takes of Marine Mammals Incidental to
Specified Activities; Land Survey
Activities Within the Eastern Aleutian
Islands Archipelago, Alaska, 2015
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) regulations, we, NMFS, hereby
give notification that the National
Marine Fisheries Service has issued an
Incidental Harassment Authorization
(IHA) to the Bureau of Land
Management (BLM) to take marine
mammals, by harassment incidental to
conducting a one-day field-based land
survey of cultural sites located on a
small island within the eastern Aleutian
Islands archipelago, Alaska, June
through July, 2015.
DATES: Effective June 12, 2015 through
July 31, 2015.
ADDRESSES: The public may obtain an
electronic copy of Glacier Bay NP’s
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SUMMARY:
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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/research.htm.
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, NMFS, Office of
Protected Resources, NMFS (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine
Mammal Protection Act of 1972, as
amended (MMPA; 16 U.S.C. 1361 et
seq.) directs the Secretary of Commerce
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals of a
species or population stock, by U.S.
citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region
if, after NMFS provides a notice of a
proposed authorization to the public for
review and comment: (1) NMFS makes
certain findings; and (2) the taking is
limited to harassment.
An Authorization shall be granted for
the incidental taking of small numbers
of marine mammals if NMFS finds that
the taking will have a negligible impact
on the species or stock(s), and will not
have an unmitigable adverse impact on
the availability of the species or stock(s)
for subsistence uses (where relevant).
The Authorization must also set forth
the permissible methods of taking; other
means of effecting the least practicable
adverse impact on the species or stock
and its habitat; and requirements
pertaining to the monitoring and
reporting of such taking. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
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Summary of Request
On September 8, 2014, NMFS
received an application from BLM
requesting that we issue an
Authorization for the take of marine
mammals, incidental to conducting one
field-based land survey for a land claim
of cultural sites located on a small
island in the eastern Aleutian Islands
archipelago, AK. NMFS determined the
application complete and adequate on
February 17, 2015.
BLM would conduct the proposed
activity within the vicinity of a major
Steller sea lion haulout site identified in
the regulations at 50 CFR 226.202 and
the following aspects of the proposed
activity would likely to result in the
take of marine mammals: Noise
generated by vessel approaches and
departures; noise generated by
personnel while conducting the land
survey; and human presence during the
proposed activity. Thus, NMFS
anticipates that take, by Level B
harassment only of one species of
marine mammal could result from the
specified activity. NMFS anticipates
that take by Level B Harassment only, of
20 Steller sea lions would result from
the specified activity.
Description of the Specified Activity
Overview
BLM must conduct the land survey to
support conveyance of existing
cemetery sites and historical places to
an Alaska Native Regional Corporation
as required under the ANCSA. Once
BLM concludes the survey no additional
visits would be necessary for the
proposed action.
Dates and Duration
BLM would complete the survey
within one day (approximately 6–10
hours) between June 1 and July 31,
2015. Thus, the proposed Authorization,
if issued, would be effective from June
1, 2015 through July 31, 2015. NMFS
refers the reader to the Detailed
Description of Activities section later in
this notice for more information on the
scope of the proposed activities.
Specified Geographic Region
BLM’s application contains
information on sensitive archaeological
site locations prohibited from disclosure
to the public under the National
Historic Preservation Act of 1966, as
amended. The island is small (less than
5 acres), extremely rugged, and
uninhabited by people. This notice will
describe the specified geographic region
as cultural sites located on a small
island in the eastern Aleutian Islands
archipelago.
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Detailed Description of Activities
BLM proposes to conduct the land
survey with a small group of no more
than four people who would use a
global position system (GPS) unit to
determine the locational accuracy of the
selected cultural site. After selecting the
placement location for the survey
marker, BLM surveyors would use
shovels, digging bars, and mallets to set
a group of official U.S. survey markers
into the ground. BLM does not plan to
use any power tools to conduct the land
survey.
BLM personnel would access the
selected cultural sites using two types of
boats: A mid-sized marine vessel
(approximately 15 meters (m); 50 feet
(ft) in length) and a small skiff. The
main vessel would approach the remote
island at a speed of approximately 8
knots (kt) (9.2 miles per hour) and
would launch the skiff to cross the
shallower waters immediately
surrounding the small island in the
eastern Aleutian Islands archipelago.
Once on land, surveyors would walk
to the survey sites to conduct their
activities. BLM does not propose to use
any type of motorized vehicles on the
small island.
There is a possibility that BLM would
need to access the island by helicopter
or sea plane, if they determine that
accessing the island by sea would not be
feasible due to weather or scheduling
constraints. However, the likelihood of
BLM using this mode of transit is
extremely low given the high expense
involved with chartering aircraft.
Comments and Responses
We published a notice of receipt of
BLM’s application and proposed
Authorization in the Federal Register
(80 FR 21213, April 17, 2015). During
the 30-day comment period, we
received one comment from the Marine
Mammal Commission (Commission)
which recommended that we issue the
requested Authorization, provided that
BLM carries out the required monitoring
and mitigation measures as described in
the notice of the proposed authorization
(80 FR 21213, April 17, 2015) and the
application. We have included all
measures proposed in the notice of the
proposed authorization (80 FR 21213,
April 17, 2015) in the final
Authorization.
We also received comments from one
private citizen who opposed the
authorization on the basis that NMFS
should not allow any Authorizations for
harassment. We considered the
commenter’s general opposition to
BLM’s activities and to our issuance of
an Authorization. The Authorization,
described in detail in the Federal
Register notice of the proposed
Authorization (80 FR 21213, April 17,
2015) includes mitigation and
monitoring measures to effect the least
practicable impact to marine mammals
and their habitat. It is our responsibility
to determine whether the activities will
have a negligible impact on the affected
species or stocks; will have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses, where relevant; and to
prescribe the means of effecting the least
practicable adverse impact on the
affected species or stocks and their
habitat, as well as monitoring and
reporting requirements.
Regarding the commenter’s
opposition to authorizing harassment,
the MMPA allows U.S. citizens (which
includes BLM) to request take of marine
mammals incidental to specified
activities, and requires us to authorize
such taking if we can make the
necessary findings required by law and
if we set forth the appropriate
prescriptions. As explained throughout
the Federal Register notice (80 FR
21213, April 17, 2015), we made the
necessary preliminary findings under 16
U.S.C. 1361(a)(5)(D) to support issuance
of Authorization.
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammals most likely to
be harassed incidental to BLM
conducting the land survey activities are
Steller sea lions. Table 1 in this notice
provides the following information: All
marine mammal species with possible
or confirmed occurrence in the
proposed survey areas on land;
information on those species’ regulatory
status under the MMPA and the
Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); abundance;
occurrence and seasonality in the
activity area. NMFS refers the public to
the Federal Register notice of the
proposed Authorization (80 FR 21213,
April 17, 2015) and the 2014 NMFS
Marine Mammal Stock Assessment
Report available online at: https://
www.nmfs.noaa.gov/pr/sars/
species.htm for further information on
the biology and distribution of these
species. Based on recent survey reports,
there are no other species of marine
mammals present in the action area
(BLM, Pers. Comm.)
TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT IN THE PROPOSED
CULTURAL SITE ON A SMALL ISLAND WITHIN THE EASTERN ALEUTIAN ISLANDS ARCHIPELAGO, JUNE THROUGH JULY, 2015
Steller sea lion (Eumetopias
jubatus).
Steller sea lion (Eumetopias
jubatus).
Stock/species
abundance 3
Stock name
Regulatory
status 1 2
Western U.S. .........
MMPA—D, S .........
ESA—T .................
MMPA—D, S .........
ESA—DL ...............
Species
Eastern U.S. ..........
Occurrence and
range
Season
82,516
common .................
Winter/Spring.
60,131—74,448
uncommon .............
Unknown.
1 MMPA:
D = Depleted, S = Strategic, NC = Not Classified.
EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
3 2014 NMFS Stock Assessment Report (Allen and Angliss, 2015).
2 ESA:
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Steller Sea Lion Critical Habitat
Under the ESA, NMFS has designated
critical habitat for Steller sea lions based
on the location of terrestrial rookery and
haulout sites, spatial extent of foraging
trips, and availability of prey items (50
CFR 226.202). Critical habitat includes a
terrestrial zone that extends 0.9 km
(3,000 ft) landward from the baseline or
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base point of a major haulout in Alaska.
Critical habitat includes an air zone that
extends 0.9 km (3,000 ft) above the
terrestrial zone of a major haulout in
Alaska, measured vertically from sea
level. Critical habitat includes an
aquatic zone that extends 20 nautical
miles (37 km; 23 miles (mi)) seaward in
state and federally managed waters from
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the baseline or basepoint of a major
haulout in Alaska west of 144° W
longitude. BLM’s proposed action falls
within an area designated as a major
haulout for Steller sea lions.
Other Marine Mammals in the
Proposed Action Area
The BLM, in collaboration with the
Alaska Department of Fish and Game,
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has not encountered any other species
of marine mammal (e.g., the northern
fur seal, (Callorhinus ursinus)) hauled
out on the small island in the eastern
Aleutian Islands archipelago during the
course of previous surveying activities
within the area over the past 13 years
(ADGF, Pers. Comm.). NMFS
independently evaluated the likelihood
of northern fur seal presence in the
action area using the Ocean
Biogeographic Information System
Spatial Ecological Analysis of
Megavertebrate Populations viewer
(OBIS SEAMAP, 2015) and found no
records of observations of northern fur
seals within the proposed action area.
Thus, NMFS will not consider this
species further in this notice.
Potential Effects of the Specified
Activities on Marine Mammals
Acoustic and visual stimuli generated
by: (1) Vessel approaches and
departures; and (2) human presence
during the land survey activities, have
the potential to cause Level B
harassment of Steller sea lions hauled
out on the small island in the proposed
survey area. Disturbance includes a
variety of effects, including subtle to
conspicuous changes in behavior,
movement, and displacement.
We expect that acoustic and visual
stimuli resulting from the proposed
activities has the potential to harass
marine mammals. We also expect 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 Steller sea lions.
We included a summary and
discussion of the ways that the types of
stressors associated with BLM’s
specified activities (i.e., visual and
acoustic disturbance) have the potential
to impact marine mammals in the
Federal Register notice of the proposed
Authorization (80 FR 21213, April 17,
2015).
Vessel Strike: The potential for
striking marine mammals is a concern
with vessel traffic. However, it is highly
unlikely that the use of small, slowmoving skiffs or boats to access the
small island would result in injury,
serious injury, or mortality to any
marine mammal. Typically, the reasons
for vessel strikes are fast transit speeds,
lack of maneuverability, or not seeing
the animal because the boat is so large.
The probability of vessel and marine
mammal interactions (i.e., vessel strike)
occurring during the proposed activities
is unlikely due to the main vessel’s slow
operational speed around the island,
which is typically 8 knots (9.2 miles per
hour) coupled with the observer and
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BLM personnel continually scanning
the water for marine mammals presence
during transit to the island. Rookeries:
The proposed land survey activities
would not occur on pinniped rookeries.
Only adult Steller sea lions occupy the
haulout site during June and July. No
pups or breeding adults would be
present during the proposed survey and
there are no breeding animals or pups
concentrated in areas where BLM would
conduct the survey. Therefore, we do
not expect mother and pup separation
or crushing of pups during flushing.
Stampede: Because hauled-out
animals may move towards the water
when disturbed, there is the risk of
injury if animals stampede towards
shorelines with precipitous relief (e.g.,
cliffs). However, while high-elevation
sites exist on the small island, the
haulout sites consist of ridges with
unimpeded and non-obstructive access
to the water. If disturbed, the small
number of hauled-out adult animals
may move toward the water without risk
of encountering barriers or hazards that
would otherwise prevent them from
leaving the area. Moreover, the
proposed area would not be crowded
with large numbers of Steller sea lions
during June or July, further eliminating
the possibility of potentially injurious
mass movements of animals attempting
to vacate the haulout. Thus, in this case,
NMFS considers the risk of injury,
serious injury, or death to hauled-out
animals as very low.
Anticipated Effects on Marine Mammal
Habitat
We considered these impacts in detail
in the Federal Register notice of the
proposed Authorization (80 FR 21213,
April 17, 2015). The only habitat
modification associated with the
proposed activity is the placement of a
group of official U.S. survey markers
into the ground. BLM would conduct
the installation of the survey markers
under the appropriate authorities (i.e.,
the Alaska Native Claims Settlement Act
of 1971, as amended (ANCSA; 43 U.S.C.
1601–1624)) and would not use any
power tools to set the markers.
While NMFS anticipates that the
specified activity may result in marine
mammals avoiding certain areas due to
vessel operations or human presence,
this impact to habitat is temporary and
reversible. NMFS considered these as
behavioral modification. The main
impact associated with the proposed
activity will be temporarily elevated
noise levels and the associated direct
effects on marine mammals, previously
discussed in this notice. Based on the
preceding discussion, NMFS does not
anticipate that the proposed activity
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would have any habitat-related effects
that could cause significant or long-term
consequences for individual marine
mammals or their populations.
NMFS does not anticipate that the
proposed survey would result in any
permanent effects on the habitats used
by the marine mammals in the proposed
area, including the food sources they
use (i.e., fish and invertebrates). Based
on the preceding discussion, NMFS
does not anticipate that the proposed
activity would have any habitat-related
effects that could 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). Applications for
incidental take authorizations must
include the availability and feasibility
(economic and technological) of
equipment, methods, and manner of
conducting the activity or other means
of effecting the least practicable adverse
impact on the affected species or stock
and their habitat 50 CFR 216.104(a)(11).
Mitigation Measures
The BLM proposes to implement
several mitigation measures to reduce
potential take by Level B (behavioral
disturbance) harassment. Measures
include: (1) Conducting slow and
controlled approaches to the island by
vessel and skiff as far away as possible
from hauled out sea lions to prevent or
minimize stampeding; (2) avoiding
placing the skiff in the path of
swimming sea lions that may be present;
(3) beginning terrestrial activities as far
away as possible from hauled out sea
lions; (4) conducting slow movements to
prevent or minimize stampeding; (5)
avoiding loud noises (i.e., using hushed
voices); (6) avoiding pinnipeds along
access ways to sites by locating and
taking a different access way and
vacating the area as soon as possible
after completing the land survey; (7)
monitoring the offshore area for
predators (such as killer whales and
white sharks) and avoid flushing of
pinnipeds when predators are observed
in nearshore waters; and (8) using
binoculars to detect pinnipeds before
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close approach to avoid being seen by
animals.
The primary method of mitigating the
risk of disturbance to sea lions, which
will be in use at all times, is the
selection of judicious routes of approach
to the survey site, avoiding close contact
with sea lions hauled out on shore, and
the use of extreme caution upon
approach. In no case will BLM
deliberately approach marine mammals.
BLM personnel would select a pathway
of approach to the survey sites that
minimizes the number of marine
mammals potentially harassed. In
general, BLM personnel would stay
inshore of sea lions whenever possible
to allow slow and controlled egress to
the ocean. The survey would last for
approximately 6–10 hours, after which
personnel would vacate the survey site.
Any marine mammals that may have
been disturbed by the presence of
surveyors could re-occupy the site after
completion of the survey.
Mitigation Conclusions
NMFS has carefully evaluated BLM’s
proposed mitigation measures in the
context of ensuring that we prescribe
the means of affecting the least
practicable impact on the affected
marine mammal species and stocks and
their habitat. The 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 vessel or visual
presence that NMFS expects 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
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exposed to vessel or visual presence that
NMFS expects 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 vessel or visual presence
that NMFS expects to result in the take
of marine mammals (this goal may
contribute to a, above, or to reducing the
severity of harassment takes only).
5. Avoidance or minimization of
adverse effects to marine mammal
habitat, paying special attention to the
food base, activities that block or limit
passage to or from biologically
important areas, permanent destruction
of habitat, or temporary destruction/
disturbance of habitat during a
biologically important time.
6. For monitoring directly related to
mitigation—an increase in the
probability of detecting marine
mammals, thus allowing for more
effective implementation of the
mitigation.
Based on the evaluation of BLM’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 incidental take
authorization 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.
BLM submitted a marine mammal
monitoring plan in section 13 of their
Authorization application. NMFS or the
BLM has not modified or supplemented
the plan based on comments or new
information received from the public
during the public comment period.
Monitoring measures prescribed by
NMFS should accomplish one or more
of the following general goals:
1. An increase in our understanding
of the likely occurrence of marine
mammal species in the vicinity of the
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action, (i.e., presence, abundance,
distribution, and/or density of species).
2. An increase in our understanding
of the nature, scope, or context of the
likely exposure of marine mammal
species to any of the potential stressor(s)
associated with the action (e.g., sound
or visual stimuli), through better
understanding of one or more of the
following: the action itself and its
environment (e.g., sound source
characterization, propagation, and
ambient noise levels); the affected
species (e.g., life history or dive
pattern); the likely co-occurrence of
marine mammal species with the action
(in whole or part) associated with
specific adverse effects; and/or the
likely biological or behavioral context of
exposure to the stressor for the marine
mammal (e.g., age class of exposed
animals or known pupping, calving or
feeding areas).
3. An increase in our understanding
of how individual marine mammals
respond (behaviorally or
physiologically) to the specific stressors
associated with the action (in specific
contexts, where possible, e.g., at what
distance or received level).
4. An increase in our understanding
of how anticipated individual
responses, to individual stressors or
anticipated combinations of stressors,
may impact either: the long-term fitness
and survival of an individual; or the
population, species, or stock (e.g.
through effects on annual rates of
recruitment or survival).
5. An increase in our understanding
of how the activity affects marine
mammal habitat, such as through effects
on prey sources or acoustic habitat (e.g.,
through characterization of longer-term
contributions of multiple sound sources
to rising ambient noise levels and
assessment of the potential chronic
effects on marine mammals).
6. An increase in understanding of the
impacts of the activity on marine
mammals in combination with the
impacts of other anthropogenic
activities or natural factors occurring in
the region.
7. An increase in our understanding
of the effectiveness of mitigation and
monitoring measures.
8. An increase in the probability of
detecting marine mammals (through
improved technology or methodology),
both specifically within the safety zone
(thus allowing for more effective
implementation of the mitigation) and
in general, to better achieve the above
goals.
As part of its Authorization
application, BLM proposes to sponsor
marine mammal monitoring, in order to
implement the mitigation measures that
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require real-time monitoring, and to
satisfy the monitoring requirements of
the proposed Authorization. These
include:
• The vessel would circle the island
from the greatest distance feasible for
accurate observation to allow the marine
mammal observer (observer) to map and
record the initial locations, numbers,
and behaviors of Steller sea lions using
the island before commencing the
survey. The observer would use this
information to recommend where BLM
personnel should approach the survey
area to minimize disruption to any
Steller sea lions hauled out on the
island.
• Once on land, the observer would
record any changes in sea lion locations,
numbers, or behaviors observed during
the reconnaissance.
• The observer would post at a
location (e.g., a ridge or other high
elevation area) to visually observe sea
lions with no or minimal risk of
modifying their behavior. If possible,
the observer would also have the land
survey crew in sight and would
communicate with the surveyors using
hand-held radios. The observer would
advise the crew on the location and
behavior of the sea lions to maximize
the safety of both the sea lions and the
crew.
Proposed monitoring requirements in
relation to BLM’s proposed activities
would include species counts, numbers
of observed disturbances, and
descriptions of the disturbance
behaviors during the monitoring
surveys, including location, date, and
time of the event. In addition, BLM
would record observations regarding the
number and species of any marine
mammals either observed in the water
or hauled out.
BLM can add to the knowledge of
pinnipeds in the proposed action area
by noting observations of: (1) Unusual
behaviors, numbers, or distributions of
pinnipeds, such that any potential
follow-up research can be conducted by
the appropriate personnel; (2) tagbearing carcasses of pinnipeds, allowing
transmittal of the information to
appropriate agencies and personnel; and
(3) rare or unusual species of marine
mammals for agency follow-up.
If at any time injury, serious injury, or
mortality of the species for which take
is authorized should occur, or if take of
any kind of any other marine mammal
occurs, and such action may be a result
of the proposed land survey, BLM
would suspend survey activities and
contact NMFS immediately to
determine how best to proceed to ensure
that another injury or death does not
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occur and to ensure that the applicant
remains in compliance with the MMPA.
Reporting
BLM would submit a draft report to
NMFS Office of Protected Resources no
later than 90 days after the expiration of
the proposed Authorization, if issued.
The report will include a summary of
the information gathered pursuant to the
monitoring requirements set forth in the
proposed Authorization. BLM will
submit a final report to the Director of
the NMFS Office of Protected Resources
within 30 days after receiving comments
from NMFS on the draft report. If BLM
receives no comments from NMFS on
the report, NMFS will consider the draft
report to be the final report.
The report will describe the
operations conducted and sightings of
marine mammals near the proposed
project. The report will provide full
documentation of methods, results, and
interpretation pertaining to all
monitoring. The report will provide:
1. A summary and table of the dates,
times, and weather during all research
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
human presence associated with the
survey 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, such as
an injury (Level A harassment), serious
injury, or mortality (e.g., vessel-strike,
stampede, etc.), BLM personnel shall
immediately cease the specified
activities and immediately report the
incident to the Chief, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and the Alaska Regional
Stranding Coordinator at (907) 586–
7248. 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);
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• 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).
BLM shall not resume its activities
until NMFS is able to review the
circumstances of the prohibited take.
We will work with BLM to determine
what is necessary to minimize the
likelihood of further prohibited take and
ensure MMPA compliance. BLM may
not resume their activities until notified
by us via letter, email, or telephone.
In the event that BLM discovers an
injured or dead marine mammal, and
the marine mammal 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), BLM
will immediately report the incident to
the Chief, Permits and Conservation
Division, Office of Protected Resources,
NMFS, at 301–427–8401 and the Alaska
Regional Stranding Coordinator at (907)
586–7248. 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
would work with BLM to determine
whether modifications in the activities
are appropriate.
In the event that BLM 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), BLM will report the incident
to the Chief, Permits and Conservation
Division, Office of Protected Resources,
NMFS, at 301–427–8401 and the Alaska
Regional Stranding Coordinator at (907)
586–7248 within 24 hours of the
discovery. BLM personnel will provide
photographs or video footage (if
available) or other documentation of the
stranded animal sighting to us. BLM can
continue their survey activities while
NMFS reviews the circumstances of the
incident.
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
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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].
All anticipated takes would be by
Level B harassment, involving
temporary changes in behavior. NMFS
expects that the proposed mitigation
and monitoring measures would
minimize the possibility of injurious or
lethal takes. NMFS considers the
potential for take by injury, serious
injury, or mortality as remote. NMFS
expects that the presence of BLM
personnel could disturb of animals
hauled out close to the survey site and
that the animals may alter their behavior
or attempt to move away from the
surveyors.
As discussed in the in the Federal
Register notice of the proposed
Authorization (80 FR 21213, April 17,
2015), NMFS considers an animal to
have been harassed if it moved greater
than 1 m (3.3 ft) in response to the
surveyors’ presence or if the animal was
already moving and changed direction
and/or speed, or if the animal flushed
into the water. NMFS does not consider
animals that became alert without such
movements as harassed.
Based on the best available
information, NMFS estimates that the
land survey activities could potentially
affect by Level B behavioral harassment
up to 20 Steller sea lions over the course
of the Authorization. This estimate
represents less than one percent
(0.0002) of the western DPS of Steller
sea lions and accounts for a maximum
disturbance of 20 animals during the
one-day visit to the island. Actual take
may be slightly less if animals decide to
haul out at a different location for the
day or if animals are foraging at the time
of the survey activities.
NMFS does not propose to authorize
any injury, serious injury, or mortality.
NMFS expect all potential takes to fall
under the category of Level B
harassment only.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Encouraging and Coordinating
Research
BLM would share observations and
counts of marine mammals and all
observed disturbances to the
appropriate state and federal agencies at
the conclusion of the survey.
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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17:18 Jun 15, 2015
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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. 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
considers other factors, such as the
likely nature of any responses (e.g.,
intensity, duration), the context of any
responses (e.g., critical reproductive
time or location, migration), as well as
the number and nature of estimated
Level A harassment takes, the number of
estimated mortalities, and effects on
habitat.
Although BLM’s survey activities may
disturb Steller sea lions hauled out on
the island, NMFS expects those impacts
to occur to a small, localized group of
animals for a limited duration (e.g., 6–
10 hours in one day). Steller sea lions
would likely become alert or, at most,
flush into the water in reaction to the
presence of BLM personnel during the
proposed activities. Disturbance will be
limited to a short duration, allowing
adult sea lions to reoccupy the island
within a short amount of time. Thus, the
proposed action is unlikely to result in
long-term impacts such as permanent
abandonment of the haul-out.
BLM’s activities would occur during
the least sensitive time (e.g., summer,
June through July) for hauled out sea
lions on the island. Only adult Steller
sea lions occupy the haulout site during
June and July. Thus, pups or breeding
adults would not be present during the
proposed one-day survey.
Moreover, BLM’s proposed mitigation
measures regarding transit speed, island
approaches, and survey site ingress and
egress would minimize the potential for
stampedes and large-scale movements.
Thus, the potential for large-scale
movements and stampede leading to
injury, serious injury, or mortality is
low.
NMFS proposes to authorize take for
the Western DPS of Steller sea lion
listed as endangered under the ESA and
classified as a strategic stock and
depleted under the MMPA. BLM’s
proposed action falls within an area
designated as a major haulout for Steller
sea lions under the critical habitat
designations of the ESA. Steller sea
lions spend much of their time in
marine water but they do rest and breed
on land. During the breeding and
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pupping season (late May to early July),
reproductively active adult Steller sea
lions occupy rookeries (terrestrial
birthing sites) whereas non-breeding
individuals use haulouts (terrestrial
resting sites). In this case, relatively
small numbers (less than 10) of adult,
non-reproducing, Steller sea lions use
the island as a haulout during the
months of June and July when the oneday survey would occur. Moreover,
BLM’s proposed activities would not
significantly alter the physical or
biological features of the critical habitat.
Project related disturbances to Steller
sea lion would result from stimuli
related to vessel and human presence
within the proposed area. However, the
disturbances related to these activities
are temporary in nature and not
expected to permanently modify the
critical habitat.
In summary, NMFS anticipates that
impacts to hauled-out Steller sea lions
during BLM’s land survey activities
would be behavioral harassment of
limited duration (i.e., less than one day)
and limited intensity (i.e., temporary
flushing at most). NMFS does not expect
stampeding, and therefore injury or
mortality to occur (see ‘‘Mitigation’’ for
more details). Based on the analysis
contained herein of the likely effects of
the specified activity on marine
mammals and their habitat, and taking
into consideration the implementation
of the proposed monitoring and
mitigation measures, NMFS finds that
the total marine mammal take from
BLM’s proposed survey activities will
have a negligible impact on the affected
marine mammal species or stocks.
Small Numbers
As mentioned previously, NMFS
estimates that BLM’s proposed activities
could potentially affect, by Level B
harassment only, one species of marine
mammal under our jurisdiction. NMFS
estimates that the survey activities
could potentially affect by Level B
behavioral harassment up to 20 Steller
sea lions over the course of the
proposed Authorization. This estimate
represents less than one percent
(0.0002) of the western DPS of Steller
sea lions and accounts for a maximum
disturbance of 20 animals during the
one-day visit to the island. For the
Western DPS of Steller sea lion, this
estimate is small (less than one percent)
relative to the population size of 82,516
animals. However, actual take may be
slightly less if animals decide to haul
out at a different location for the day or
if animals are foraging at the time of the
survey activities.
Based on the analysis contained in
this notice of the likely effects of the
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specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that BLM’s proposed
activities would take small numbers of
marine mammals relative to the
populations of the affected species or
stocks.
survey activities in accordance with
section 6.01 of the NOAA
Administrative Order 216–6
(Environmental Review Procedures for
Implementing the National
Environmental Policy Act, May 20,
1999). NMFS’ EA and FONSI for this
activity are available upon request (see
ADDRESSES).
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. The proposed activity occurs
south of the latitude that NMFS’
categorizes as within Arctic waters (i.e.,
north of 60° N). 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.
Authorization
As a result of these determinations,
NMFS issued an Incidental Harassment
Authorization to BLM for take
incidental to conducting a one-day
field-based land survey of cultural sites
located on a small island within the
eastern Aleutian Islands archipelago,
during the period of June 1, 2015
through July 31, 2015, provided they
incorporate the previously mentioned
mitigation, monitoring, and reporting
requirements.
asabaliauskas on DSK5VPTVN1PROD with NOTICES
Endangered Species Act (ESA)
For the reasons already described in
this notice, NMFS has determined that
the issuance of a proposed
Authorization may have an effect on
species or critical habitat protected
under the ESA (specifically, the Steller
sea lion). Under section 7 of the ESA,
BLM has initiated formal consultation
with the NMFS Alaska Regional Office
on the proposed land survey. NMFS
(i.e., National Marine Fisheries Service,
Office of Protected Resources, Permits
and Conservation Division) also
consulted internally with the NMFS
Alaska Regional Office on the proposed
issuance of an Authorization under
section 101(a)(5)(D) of the MMPA.
In June, 2015, the NMFS Alaska
Regional Office Protected Species
Division issued a Biological Opinion
with an Incidental Take Statement to us
and to BLM which concluded that the
issuance of the Authorization and the
conduct of the land survey activities
were not likely to jeopardize the
continued existence of Steller sea lions.
The Biological Opinion also concluded
that the issuance of the Authorization
and the conduct of the land survey
activities would not affect designated
critical habitat for Steller sea lions.
National Environmental Policy Act
(NEPA)
NMFS prepared an Environmental
Assessment (EA) analyzing the potential
effects to the human environment from
NMFS’ issuance of a Authorization to
BLM for their proposed land survey
activities. In June 2015, NMFS issued a
Finding of No Significant Impact
(FONSI) on the issuance of an
Authorization for BLM’s proposed land
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17:18 Jun 15, 2015
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Dated: June 10, 2015.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2015–14700 Filed 6–15–15; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
Publication of FY 2014 Service
Contract Inventory
Bureau of Consumer Financial
Protection.
ACTION: Notice of public availability of
FY 2014 Service Contract Inventory.
AGENCY:
In accordance with Section
734 of Division C of the Consolidated
Appropriations Act of 2010, the Bureau
of Consumer Financial Protection
(Bureau) is publishing this notice to
advise the public of the availability of
the FY 2014 service contract inventory.
This inventory provides information on
service contract actions over $25,000,
which the Bureau funded during FY
2014. The information is organized by
function to show how contracted
resources were used by the agency to
support its mission. The inventory has
been developed in accordance with the
guidance issued on November 5, 2010
and December 19, 2011 by the Office of
Management and Budget’s Office of
Federal Procurement Policy (OFPP).
OFPP’s guidance is available at: https://
www.whitehouse.gov/sites/default/files/
omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf and https://
www.whitehouse.gov/sites/default/files/
omb/procurement/memo/servicecontract-inventory-guidance.pdf. The
SUMMARY:
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34391
Bureau has posted its inventory,
inventory supplement, and a summary
of the inventory on the Bureau’s Open
Government homepage at the following
link: https://www.consumerfinance.gov/
open.
FOR FURTHER INFORMATION CONTACT:
Questions regarding the service contract
inventory should be directed to Hoa
Crews, Senior Procurement Analyst,
Office of Procurement, Consumer
Financial Protection Bureau, (304) 536–
3892.
Dated: June 4, 2015.
Richard Cordray,
Director, Bureau of Consumer Financial
Protection.
[FR Doc. 2015–14805 Filed 6–15–15; 8:45 am]
BILLING CODE 4810–AM–P
DEPARTMENT OF DEFENSE
Department of the Army, Army Corps
of Engineers
Notice of Solicitation of Applications
for Stakeholder Representative
Members of the Missouri River
Recovery Implementation Committee
Department of the Army, U.S.
Army Corps of Engineers, DoD.
ACTION: Notice.
AGENCY:
The Commander of the
Northwestern Division of the U.S. Army
Corps of Engineers (Corps) is soliciting
applications to fill vacant stakeholder
representative member positions on the
Missouri River Recovery
Implementation Committee (MRRIC).
Members are sought to fill vacancies on
a committee to represent various
categories of interests within the
Missouri River basin. The MRRIC was
formed to advise the Corps on a study
of the Missouri River and its tributaries
and to provide guidance to the Corps
with respect to the Missouri River
recovery and mitigation activities
currently underway. The Corps
established the MRRIC as required by
the U.S. Congress through the Water
Resources Development Act of 2007
(WRDA), Section 5018.
DATES: The agency must receive
completed applications and
endorsement letters no later than July
17, 2015.
ADDRESSES: Mail completed
applications and endorsement letters to
U.S. Army Corps of Engineers, Omaha
District (Attn: MRRIC), 1616 Capitol
Avenue, Omaha, NE 68102–4901 or
email completed applications to info@
mrric.org. Please put ‘‘MRRIC’’ in the
subject line.
SUMMARY:
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]]>Agencies
[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34385-34391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14700]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD814
Takes of Marine Mammals Incidental to Specified Activities; Land
Survey Activities Within the Eastern Aleutian Islands Archipelago,
Alaska, 2015
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, NMFS, hereby give notification that the National
Marine Fisheries Service has issued an Incidental Harassment
Authorization (IHA) to the Bureau of Land Management (BLM) to take
marine mammals, by harassment incidental to conducting a one-day field-
based land survey of cultural sites located on a small island within
the eastern Aleutian Islands archipelago, Alaska, June through July,
2015.
DATES: Effective June 12, 2015 through July 31, 2015.
ADDRESSES: The public may obtain an electronic copy of Glacier Bay NP'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/research.htm.
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, NMFS, Office of
Protected Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972,
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of
Commerce to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals of a species or population
stock, by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if, after
NMFS provides a notice of a proposed authorization to the public for
review and comment: (1) NMFS makes certain findings; and (2) the taking
is limited to harassment.
An Authorization shall be granted for the incidental taking of
small numbers of marine mammals if NMFS finds that the taking will have
a negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The Authorization must
also set forth the permissible methods of taking; other means of
effecting the least practicable adverse impact on the species or stock
and its habitat; and requirements pertaining to the monitoring and
reporting of such taking. NMFS has defined ``negligible impact'' in 50
CFR 216.103 as ``an impact resulting from the specified activity that
cannot be reasonably expected to, and is not reasonably likely to,
adversely affect the species or stock through effects on annual rates
of recruitment or survival.''
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Summary of Request
On September 8, 2014, NMFS received an application from BLM
requesting that we issue an Authorization for the take of marine
mammals, incidental to conducting one field-based land survey for a
land claim of cultural sites located on a small island in the eastern
Aleutian Islands archipelago, AK. NMFS determined the application
complete and adequate on February 17, 2015.
BLM would conduct the proposed activity within the vicinity of a
major Steller sea lion haulout site identified in the regulations at 50
CFR 226.202 and the following aspects of the proposed activity would
likely to result in the take of marine mammals: Noise generated by
vessel approaches and departures; noise generated by personnel while
conducting the land survey; and human presence during the proposed
activity. Thus, NMFS anticipates that take, by Level B harassment only
of one species of marine mammal could result from the specified
activity. NMFS anticipates that take by Level B Harassment only, of 20
Steller sea lions would result from the specified activity.
Description of the Specified Activity
Overview
BLM must conduct the land survey to support conveyance of existing
cemetery sites and historical places to an Alaska Native Regional
Corporation as required under the ANCSA. Once BLM concludes the survey
no additional visits would be necessary for the proposed action.
Dates and Duration
BLM would complete the survey within one day (approximately 6-10
hours) between June 1 and July 31, 2015. Thus, the proposed
Authorization, if issued, would be effective from June 1, 2015 through
July 31, 2015. NMFS refers the reader to the Detailed Description of
Activities section later in this notice for more information on the
scope of the proposed activities.
Specified Geographic Region
BLM's application contains information on sensitive archaeological
site locations prohibited from disclosure to the public under the
National Historic Preservation Act of 1966, as amended. The island is
small (less than 5 acres), extremely rugged, and uninhabited by people.
This notice will describe the specified geographic region as cultural
sites located on a small island in the eastern Aleutian Islands
archipelago.
[[Page 34386]]
Detailed Description of Activities
BLM proposes to conduct the land survey with a small group of no
more than four people who would use a global position system (GPS) unit
to determine the locational accuracy of the selected cultural site.
After selecting the placement location for the survey marker, BLM
surveyors would use shovels, digging bars, and mallets to set a group
of official U.S. survey markers into the ground. BLM does not plan to
use any power tools to conduct the land survey.
BLM personnel would access the selected cultural sites using two
types of boats: A mid-sized marine vessel (approximately 15 meters (m);
50 feet (ft) in length) and a small skiff. The main vessel would
approach the remote island at a speed of approximately 8 knots (kt)
(9.2 miles per hour) and would launch the skiff to cross the shallower
waters immediately surrounding the small island in the eastern Aleutian
Islands archipelago.
Once on land, surveyors would walk to the survey sites to conduct
their activities. BLM does not propose to use any type of motorized
vehicles on the small island.
There is a possibility that BLM would need to access the island by
helicopter or sea plane, if they determine that accessing the island by
sea would not be feasible due to weather or scheduling constraints.
However, the likelihood of BLM using this mode of transit is extremely
low given the high expense involved with chartering aircraft.
Comments and Responses
We published a notice of receipt of BLM's application and proposed
Authorization in the Federal Register (80 FR 21213, April 17, 2015).
During the 30-day comment period, we received one comment from the
Marine Mammal Commission (Commission) which recommended that we issue
the requested Authorization, provided that BLM carries out the required
monitoring and mitigation measures as described in the notice of the
proposed authorization (80 FR 21213, April 17, 2015) and the
application. We have included all measures proposed in the notice of
the proposed authorization (80 FR 21213, April 17, 2015) in the final
Authorization.
We also received comments from one private citizen who opposed the
authorization on the basis that NMFS should not allow any
Authorizations for harassment. We considered the commenter's general
opposition to BLM's activities and to our issuance of an Authorization.
The Authorization, described in detail in the Federal Register notice
of the proposed Authorization (80 FR 21213, April 17, 2015) includes
mitigation and monitoring measures to effect the least practicable
impact to marine mammals and their habitat. It is our responsibility to
determine whether the activities will have a negligible impact on the
affected species or stocks; will have an unmitigable adverse impact on
the availability of the species or stock(s) for subsistence uses, where
relevant; and to prescribe the means of effecting the least practicable
adverse impact on the affected species or stocks and their habitat, as
well as monitoring and reporting requirements.
Regarding the commenter's opposition to authorizing harassment, the
MMPA allows U.S. citizens (which includes BLM) to request take of
marine mammals incidental to specified activities, and requires us to
authorize such taking if we can make the necessary findings required by
law and if we set forth the appropriate prescriptions. As explained
throughout the Federal Register notice (80 FR 21213, April 17, 2015),
we made the necessary preliminary findings under 16 U.S.C.
1361(a)(5)(D) to support issuance of Authorization.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammals most likely to be harassed incidental to BLM
conducting the land survey activities are Steller sea lions. Table 1 in
this notice provides the following information: All marine mammal
species with possible or confirmed occurrence in the proposed survey
areas on land; information on those species' regulatory status under
the MMPA and the Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.); abundance; occurrence and seasonality in the activity area. NMFS
refers the public to the Federal Register notice of the proposed
Authorization (80 FR 21213, April 17, 2015) and the 2014 NMFS Marine
Mammal Stock Assessment Report available online at: https://www.nmfs.noaa.gov/pr/sars/species.htm for further information on the
biology and distribution of these species. Based on recent survey
reports, there are no other species of marine mammals present in the
action area (BLM, Pers. Comm.)
Table 1--General Information on Marine Mammals That Could Potentially Haul Out in the Proposed Cultural Site on a Small Island Within the Eastern
Aleutian Islands Archipelago, June Through July, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
Regulatory status Stock/species abundance
Species Stock name \1\ \2\ \3\ Occurrence and range Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias Western U.S.......... MMPA--D, S........... 82,516 common.............. Winter/Spring.
jubatus). ESA--T...............
Steller sea lion (Eumetopias Eastern U.S.......... MMPA--D, S........... 60,131--74,448 uncommon............ Unknown.
jubatus). ESA--DL..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2014 NMFS Stock Assessment Report (Allen and Angliss, 2015).
Steller Sea Lion Critical Habitat
Under the ESA, NMFS has designated critical habitat for Steller sea
lions based on the location of terrestrial rookery and haulout sites,
spatial extent of foraging trips, and availability of prey items (50
CFR 226.202). Critical habitat includes a terrestrial zone that extends
0.9 km (3,000 ft) landward from the baseline or base point of a major
haulout in Alaska. Critical habitat includes an air zone that extends
0.9 km (3,000 ft) above the terrestrial zone of a major haulout in
Alaska, measured vertically from sea level. Critical habitat includes
an aquatic zone that extends 20 nautical miles (37 km; 23 miles (mi))
seaward in state and federally managed waters from the baseline or
basepoint of a major haulout in Alaska west of 144[deg] W longitude.
BLM's proposed action falls within an area designated as a major
haulout for Steller sea lions.
Other Marine Mammals in the Proposed Action Area
The BLM, in collaboration with the Alaska Department of Fish and
Game,
[[Page 34387]]
has not encountered any other species of marine mammal (e.g., the
northern fur seal, (Callorhinus ursinus)) hauled out on the small
island in the eastern Aleutian Islands archipelago during the course of
previous surveying activities within the area over the past 13 years
(ADGF, Pers. Comm.). NMFS independently evaluated the likelihood of
northern fur seal presence in the action area using the Ocean
Biogeographic Information System Spatial Ecological Analysis of
Megavertebrate Populations viewer (OBIS SEAMAP, 2015) and found no
records of observations of northern fur seals within the proposed
action area. Thus, NMFS will not consider this species further in this
notice.
Potential Effects of the Specified Activities on Marine Mammals
Acoustic and visual stimuli generated by: (1) Vessel approaches and
departures; and (2) human presence during the land survey activities,
have the potential to cause Level B harassment of Steller sea lions
hauled out on the small island in the proposed survey area. Disturbance
includes a variety of effects, including subtle to conspicuous changes
in behavior, movement, and displacement.
We expect that acoustic and visual stimuli resulting from the
proposed activities has the potential to harass marine mammals. We also
expect 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 Steller sea lions.
We included a summary and discussion of the ways that the types of
stressors associated with BLM's specified activities (i.e., visual and
acoustic disturbance) have the potential to impact marine mammals in
the Federal Register notice of the proposed Authorization (80 FR 21213,
April 17, 2015).
Vessel Strike: The potential for striking marine mammals is a
concern with vessel traffic. However, it is highly unlikely that the
use of small, slow-moving skiffs or boats to access the small island
would result in injury, serious injury, or mortality to any marine
mammal. Typically, the reasons for vessel strikes are fast transit
speeds, lack of maneuverability, or not seeing the animal because the
boat is so large. The probability of vessel and marine mammal
interactions (i.e., vessel strike) occurring during the proposed
activities is unlikely due to the main vessel's slow operational speed
around the island, which is typically 8 knots (9.2 miles per hour)
coupled with the observer and BLM personnel continually scanning the
water for marine mammals presence during transit to the island.
Rookeries: The proposed land survey activities would not occur on
pinniped rookeries. Only adult Steller sea lions occupy the haulout
site during June and July. No pups or breeding adults would be present
during the proposed survey and there are no breeding animals or pups
concentrated in areas where BLM would conduct the survey. Therefore, we
do not expect mother and pup separation or crushing of pups during
flushing.
Stampede: Because hauled-out animals may move towards the water
when disturbed, there is the risk of injury if animals stampede towards
shorelines with precipitous relief (e.g., cliffs). However, while high-
elevation sites exist on the small island, the haulout sites consist of
ridges with unimpeded and non-obstructive access to the water. If
disturbed, the small number of hauled-out adult animals may move toward
the water without risk of encountering barriers or hazards that would
otherwise prevent them from leaving the area. Moreover, the proposed
area would not be crowded with large numbers of Steller sea lions
during June or July, further eliminating the possibility of potentially
injurious mass movements of animals attempting to vacate the haulout.
Thus, in this case, NMFS considers the risk of injury, serious injury,
or death to hauled-out animals as very low.
Anticipated Effects on Marine Mammal Habitat
We considered these impacts in detail in the Federal Register
notice of the proposed Authorization (80 FR 21213, April 17, 2015). The
only habitat modification associated with the proposed activity is the
placement of a group of official U.S. survey markers into the ground.
BLM would conduct the installation of the survey markers under the
appropriate authorities (i.e., the Alaska Native Claims Settlement Act
of 1971, as amended (ANCSA; 43 U.S.C. 1601-1624)) and would not use any
power tools to set the markers.
While NMFS anticipates that the specified activity may result in
marine mammals avoiding certain areas due to vessel operations or human
presence, this impact to habitat is temporary and reversible. NMFS
considered these as behavioral modification. The main impact associated
with the proposed activity will be temporarily elevated noise levels
and the associated direct effects on marine mammals, previously
discussed in this notice. Based on the preceding discussion, NMFS does
not anticipate that the proposed activity would have any habitat-
related effects that could cause significant or long-term consequences
for individual marine mammals or their populations.
NMFS does not anticipate that the proposed survey would result in
any permanent effects on the habitats used by the marine mammals in the
proposed area, including the food sources they use (i.e., fish and
invertebrates). Based on the preceding discussion, NMFS does not
anticipate that the proposed activity would have any habitat-related
effects that could 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).
Applications for incidental take authorizations must include the
availability and feasibility (economic and technological) of equipment,
methods, and manner of conducting the activity or other means of
effecting the least practicable adverse impact on the affected species
or stock and their habitat 50 CFR 216.104(a)(11).
Mitigation Measures
The BLM proposes to implement several mitigation measures to reduce
potential take by Level B (behavioral disturbance) harassment. Measures
include: (1) Conducting slow and controlled approaches to the island by
vessel and skiff as far away as possible from hauled out sea lions to
prevent or minimize stampeding; (2) avoiding placing the skiff in the
path of swimming sea lions that may be present; (3) beginning
terrestrial activities as far away as possible from hauled out sea
lions; (4) conducting slow movements to prevent or minimize stampeding;
(5) avoiding loud noises (i.e., using hushed voices); (6) avoiding
pinnipeds along access ways to sites by locating and taking a different
access way and vacating the area as soon as possible after completing
the land survey; (7) monitoring the offshore area for predators (such
as killer whales and white sharks) and avoid flushing of pinnipeds when
predators are observed in nearshore waters; and (8) using binoculars to
detect pinnipeds before
[[Page 34388]]
close approach to avoid being seen by animals.
The primary method of mitigating the risk of disturbance to sea
lions, which will be in use at all times, is the selection of judicious
routes of approach to the survey site, avoiding close contact with sea
lions hauled out on shore, and the use of extreme caution upon
approach. In no case will BLM deliberately approach marine mammals. BLM
personnel would select a pathway of approach to the survey sites that
minimizes the number of marine mammals potentially harassed. In
general, BLM personnel would stay inshore of sea lions whenever
possible to allow slow and controlled egress to the ocean. The survey
would last for approximately 6-10 hours, after which personnel would
vacate the survey site. Any marine mammals that may have been disturbed
by the presence of surveyors could re-occupy the site after completion
of the survey.
Mitigation Conclusions
NMFS has carefully evaluated BLM's proposed mitigation measures in
the context of ensuring that we prescribe the means of affecting the
least practicable impact on the affected marine mammal species and
stocks and their habitat. The 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 vessel or
visual presence that NMFS expects 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 exposed to vessel
or visual presence that NMFS expects 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 vessel or
visual presence that NMFS expects to result in the take of marine
mammals (this goal may contribute to a, above, or to reducing the
severity of harassment takes only).
5. Avoidance or minimization of adverse effects to marine mammal
habitat, paying special attention to the food base, activities that
block or limit passage to or from biologically important areas,
permanent destruction of habitat, or temporary destruction/disturbance
of habitat during a biologically important time.
6. For monitoring directly related to mitigation--an increase in
the probability of detecting marine mammals, thus allowing for more
effective implementation of the mitigation.
Based on the evaluation of BLM'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 incidental take authorization 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.
BLM submitted a marine mammal monitoring plan in section 13 of
their Authorization application. NMFS or the BLM has not modified or
supplemented the plan based on comments or new information received
from the public during the public comment period.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
1. An increase in our understanding of the likely occurrence of
marine mammal species in the vicinity of the action, (i.e., presence,
abundance, distribution, and/or density of species).
2. An increase in our understanding of the nature, scope, or
context of the likely exposure of marine mammal species to any of the
potential stressor(s) associated with the action (e.g., sound or visual
stimuli), through better understanding of one or more of the following:
the action itself and its environment (e.g., sound source
characterization, propagation, and ambient noise levels); the affected
species (e.g., life history or dive pattern); the likely co-occurrence
of marine mammal species with the action (in whole or part) associated
with specific adverse effects; and/or the likely biological or
behavioral context of exposure to the stressor for the marine mammal
(e.g., age class of exposed animals or known pupping, calving or
feeding areas).
3. An increase in our understanding of how individual marine
mammals respond (behaviorally or physiologically) to the specific
stressors associated with the action (in specific contexts, where
possible, e.g., at what distance or received level).
4. An increase in our understanding of how anticipated individual
responses, to individual stressors or anticipated combinations of
stressors, may impact either: the long-term fitness and survival of an
individual; or the population, species, or stock (e.g. through effects
on annual rates of recruitment or survival).
5. An increase in our understanding of how the activity affects
marine mammal habitat, such as through effects on prey sources or
acoustic habitat (e.g., through characterization of longer-term
contributions of multiple sound sources to rising ambient noise levels
and assessment of the potential chronic effects on marine mammals).
6. An increase in understanding of the impacts of the activity on
marine mammals in combination with the impacts of other anthropogenic
activities or natural factors occurring in the region.
7. An increase in our understanding of the effectiveness of
mitigation and monitoring measures.
8. An increase in the probability of detecting marine mammals
(through improved technology or methodology), both specifically within
the safety zone (thus allowing for more effective implementation of the
mitigation) and in general, to better achieve the above goals.
As part of its Authorization application, BLM proposes to sponsor
marine mammal monitoring, in order to implement the mitigation measures
that
[[Page 34389]]
require real-time monitoring, and to satisfy the monitoring
requirements of the proposed Authorization. These include:
The vessel would circle the island from the greatest
distance feasible for accurate observation to allow the marine mammal
observer (observer) to map and record the initial locations, numbers,
and behaviors of Steller sea lions using the island before commencing
the survey. The observer would use this information to recommend where
BLM personnel should approach the survey area to minimize disruption to
any Steller sea lions hauled out on the island.
Once on land, the observer would record any changes in sea
lion locations, numbers, or behaviors observed during the
reconnaissance.
The observer would post at a location (e.g., a ridge or
other high elevation area) to visually observe sea lions with no or
minimal risk of modifying their behavior. If possible, the observer
would also have the land survey crew in sight and would communicate
with the surveyors using hand-held radios. The observer would advise
the crew on the location and behavior of the sea lions to maximize the
safety of both the sea lions and the crew.
Proposed monitoring requirements in relation to BLM's proposed
activities would include species counts, numbers of observed
disturbances, and descriptions of the disturbance behaviors during the
monitoring surveys, including location, date, and time of the event. In
addition, BLM would record observations regarding the number and
species of any marine mammals either observed in the water or hauled
out.
BLM can add to the knowledge of pinnipeds in the proposed action
area by noting observations of: (1) Unusual behaviors, numbers, or
distributions of pinnipeds, such that any potential follow-up research
can be conducted by the appropriate personnel; (2) tag-bearing
carcasses of pinnipeds, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up.
If at any time injury, serious injury, or mortality of the species
for which take is authorized should occur, or if take of any kind of
any other marine mammal occurs, and such action may be a result of the
proposed land survey, BLM would suspend survey activities and contact
NMFS immediately to determine how best to proceed to ensure that
another injury or death does not occur and to ensure that the applicant
remains in compliance with the MMPA.
Reporting
BLM would submit a draft report to NMFS Office of Protected
Resources no later than 90 days after the expiration of the proposed
Authorization, if issued. The report will include a summary of the
information gathered pursuant to the monitoring requirements set forth
in the proposed Authorization. BLM will submit a final report to the
Director of the NMFS Office of Protected Resources within 30 days after
receiving comments from NMFS on the draft report. If BLM receives no
comments from NMFS on the report, NMFS will consider the draft report
to be the final report.
The report will describe the operations conducted and sightings of
marine mammals near the proposed project. The report will provide full
documentation of methods, results, and interpretation pertaining to all
monitoring. The report will provide:
1. A summary and table of the dates, times, and weather during all
research 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 human presence associated with the survey 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, such as an injury (Level A harassment), serious injury,
or mortality (e.g., vessel-strike, stampede, etc.), BLM personnel shall
immediately cease the specified activities and immediately report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401 and the Alaska Regional
Stranding Coordinator at (907) 586-7248. 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).
BLM shall not resume its activities until NMFS is able to review
the circumstances of the prohibited take. We will work with BLM to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. BLM may not resume their
activities until notified by us via letter, email, or telephone.
In the event that BLM discovers an injured or dead marine mammal,
and the marine mammal 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), BLM will immediately report the incident to the Chief,
Permits and Conservation Division, Office of Protected Resources, NMFS,
at 301-427-8401 and the Alaska Regional Stranding Coordinator at (907)
586-7248. 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 would work with BLM to
determine whether modifications in the activities are appropriate.
In the event that BLM 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), BLM will report the incident to
the Chief, Permits and Conservation Division, Office of Protected
Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding
Coordinator at (907) 586-7248 within 24 hours of the discovery. BLM
personnel will provide photographs or video footage (if available) or
other documentation of the stranded animal sighting to us. BLM can
continue their survey activities while NMFS reviews the circumstances
of the incident.
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
[[Page 34390]]
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].
All anticipated takes would be by Level B harassment, involving
temporary changes in behavior. NMFS expects that the proposed
mitigation and monitoring measures would minimize the possibility of
injurious or lethal takes. NMFS considers the potential for take by
injury, serious injury, or mortality as remote. NMFS expects that the
presence of BLM personnel could disturb of animals hauled out close to
the survey site and that the animals may alter their behavior or
attempt to move away from the surveyors.
As discussed in the in the Federal Register notice of the proposed
Authorization (80 FR 21213, April 17, 2015), NMFS considers an animal
to have been harassed if it moved greater than 1 m (3.3 ft) in response
to the surveyors' presence or if the animal was already moving and
changed direction and/or speed, or if the animal flushed into the
water. NMFS does not consider animals that became alert without such
movements as harassed.
Based on the best available information, NMFS estimates that the
land survey activities could potentially affect by Level B behavioral
harassment up to 20 Steller sea lions over the course of the
Authorization. This estimate represents less than one percent (0.0002)
of the western DPS of Steller sea lions and accounts for a maximum
disturbance of 20 animals during the one-day visit to the island.
Actual take may be slightly less if animals decide to haul out at a
different location for the day or if animals are foraging at the time
of the survey activities.
NMFS does not propose to authorize any injury, serious injury, or
mortality. NMFS expect all potential takes to fall under the category
of Level B harassment only.
Encouraging and Coordinating Research
BLM would share observations and counts of marine mammals and all
observed disturbances to the appropriate state and federal agencies at
the conclusion of the survey.
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. 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 considers other
factors, such as the likely nature of any responses (e.g., intensity,
duration), the context of any responses (e.g., critical reproductive
time or location, migration), as well as the number and nature of
estimated Level A harassment takes, the number of estimated
mortalities, and effects on habitat.
Although BLM's survey activities may disturb Steller sea lions
hauled out on the island, NMFS expects those impacts to occur to a
small, localized group of animals for a limited duration (e.g., 6-10
hours in one day). Steller sea lions would likely become alert or, at
most, flush into the water in reaction to the presence of BLM personnel
during the proposed activities. Disturbance will be limited to a short
duration, allowing adult sea lions to reoccupy the island within a
short amount of time. Thus, the proposed action is unlikely to result
in long-term impacts such as permanent abandonment of the haul-out.
BLM's activities would occur during the least sensitive time (e.g.,
summer, June through July) for hauled out sea lions on the island. Only
adult Steller sea lions occupy the haulout site during June and July.
Thus, pups or breeding adults would not be present during the proposed
one-day survey.
Moreover, BLM's proposed mitigation measures regarding transit
speed, island approaches, and survey site ingress and egress would
minimize the potential for stampedes and large-scale movements. Thus,
the potential for large-scale movements and stampede leading to injury,
serious injury, or mortality is low.
NMFS proposes to authorize take for the Western DPS of Steller sea
lion listed as endangered under the ESA and classified as a strategic
stock and depleted under the MMPA. BLM's proposed action falls within
an area designated as a major haulout for Steller sea lions under the
critical habitat designations of the ESA. Steller sea lions spend much
of their time in marine water but they do rest and breed on land.
During the breeding and pupping season (late May to early July),
reproductively active adult Steller sea lions occupy rookeries
(terrestrial birthing sites) whereas non-breeding individuals use
haulouts (terrestrial resting sites). In this case, relatively small
numbers (less than 10) of adult, non-reproducing, Steller sea lions use
the island as a haulout during the months of June and July when the
one-day survey would occur. Moreover, BLM's proposed activities would
not significantly alter the physical or biological features of the
critical habitat. Project related disturbances to Steller sea lion
would result from stimuli related to vessel and human presence within
the proposed area. However, the disturbances related to these
activities are temporary in nature and not expected to permanently
modify the critical habitat.
In summary, NMFS anticipates that impacts to hauled-out Steller sea
lions during BLM's land survey activities would be behavioral
harassment of limited duration (i.e., less than one day) and limited
intensity (i.e., temporary flushing at most). NMFS does not expect
stampeding, and therefore injury or mortality to occur (see
``Mitigation'' for more details). Based on the analysis contained
herein of the likely effects of the specified activity on marine
mammals and their habitat, and taking into consideration the
implementation of the proposed monitoring and mitigation measures, NMFS
finds that the total marine mammal take from BLM's proposed survey
activities will have a negligible impact on the affected marine mammal
species or stocks.
Small Numbers
As mentioned previously, NMFS estimates that BLM's proposed
activities could potentially affect, by Level B harassment only, one
species of marine mammal under our jurisdiction. NMFS estimates that
the survey activities could potentially affect by Level B behavioral
harassment up to 20 Steller sea lions over the course of the proposed
Authorization. This estimate represents less than one percent (0.0002)
of the western DPS of Steller sea lions and accounts for a maximum
disturbance of 20 animals during the one-day visit to the island. For
the Western DPS of Steller sea lion, this estimate is small (less than
one percent) relative to the population size of 82,516 animals.
However, actual take may be slightly less if animals decide to haul out
at a different location for the day or if animals are foraging at the
time of the survey activities.
Based on the analysis contained in this notice of the likely
effects of the
[[Page 34391]]
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS finds that BLM's proposed activities would take small
numbers of marine mammals relative to the populations of the affected
species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action. The proposed activity occurs south of the latitude that
NMFS' categorizes as within Arctic waters (i.e., north of 60[deg] N).
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)
For the reasons already described in this notice, NMFS has
determined that the issuance of a proposed Authorization may have an
effect on species or critical habitat protected under the ESA
(specifically, the Steller sea lion). Under section 7 of the ESA, BLM
has initiated formal consultation with the NMFS Alaska Regional Office
on the proposed land survey. NMFS (i.e., National Marine Fisheries
Service, Office of Protected Resources, Permits and Conservation
Division) also consulted internally with the NMFS Alaska Regional
Office on the proposed issuance of an Authorization under section
101(a)(5)(D) of the MMPA.
In June, 2015, the NMFS Alaska Regional Office Protected Species
Division issued a Biological Opinion with an Incidental Take Statement
to us and to BLM which concluded that the issuance of the Authorization
and the conduct of the land survey activities were not likely to
jeopardize the continued existence of Steller sea lions. The Biological
Opinion also concluded that the issuance of the Authorization and the
conduct of the land survey activities would not affect designated
critical habitat for Steller sea lions.
National Environmental Policy Act (NEPA)
NMFS prepared an Environmental Assessment (EA) analyzing the
potential effects to the human environment from NMFS' issuance of a
Authorization to BLM for their proposed land survey activities. In June
2015, NMFS issued a Finding of No Significant Impact (FONSI) on the
issuance of an Authorization for BLM's proposed land survey activities
in accordance with section 6.01 of the NOAA Administrative Order 216-6
(Environmental Review Procedures for Implementing the National
Environmental Policy Act, May 20, 1999). NMFS' EA and FONSI for this
activity are available upon request (see ADDRESSES).
Authorization
As a result of these determinations, NMFS issued an Incidental
Harassment Authorization to BLM for take incidental to conducting a
one-day field-based land survey of cultural sites located on a small
island within the eastern Aleutian Islands archipelago, during the
period of June 1, 2015 through July 31, 2015, provided they incorporate
the previously mentioned mitigation, monitoring, and reporting
requirements.
Dated: June 10, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2015-14700 Filed 6-15-15; 8:45 am]
BILLING CODE 3510-22-P
