Takes of Marine Mammals Incidental to Specified Activities; St. George Reef Light Station Restoration and Maintenance at Northwest Seal Rock, Del Norte County, California, 9440-9446 [2016-03999]
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
accompanied by other parts, e.g., a wheel,
rim, axle parts, bolts, nuts, etc. Truck and bus
tires that enter attached to a vehicle are not
covered by the scope.
Specifically excluded from the scope of
this investigation are the following types of
tires: (1) Pneumatic tires, of rubber, that are
not new, including recycled and retreaded
tires; and (2) non-pneumatic tires, such as
solid rubber tires.
The subject merchandise is currently
classifiable under Harmonized Tariff
Schedule of the United States (HTSUS)
subheadings: 4011.20.1015 and
4011.20.5020. Tires meeting the scope
description may also enter under the
following HTSUS subheadings:
4011.99.4520, 4011.99.4590, 4011.99.8520,
4011.99.8590, 8708.70.4530, 8708.70.6030,
and 8708.70.6060. While HTSUS
subheadings are provided for convenience
and for customs purposes, the written
description of the subject merchandise is
dispositive.
Agenda
Agenda items to be discussed at the
SSC meeting include: Review fishery
performance reports and multi-year
ABC specifications for Golden Tilefish;
discuss MAFMC risk policy and
assignment of CVs for Mid-Atlantic
assessments; discuss SSC membership
needs; receive a report from the Black
Sea Bass Review Subgroup on
specification of spatial structure within
the BSB assessment; review Blueline
Tilefish fishery information and discuss
ABC specifications.
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
[FR Doc. 2016–04060 Filed 2–24–16; 8:45 am]
BILLING CODE 3510–DS–P
Dated: February 22, 2016.
Tracey L. Thompson,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
[FR Doc. 2016–04007 Filed 2–24–16; 8:45 am]
Authority: 16 U.S.C. 1801 et seq.
BILLING CODE 3510–22–P
National Oceanic and Atmospheric
Administration
DEPARTMENT OF COMMERCE
RIN 0648–XE465
National Oceanic and Atmospheric
Administration
Mid-Atlantic Fishery Management
Council (MAFMC); Meeting
RIN 0648–XE233
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
ACTION:
Notice of a public meeting.
The Scientific and Statistical
Committee (SSC) of the Mid-Atlantic
Fishery Management Council (Council)
will hold a meeting.
SUMMARY:
The meeting will be held on
Tuesday and Wednesday, March 15–16,
2016, beginning at 10 a.m. on March 15
and conclude by 3 p.m. on March 16.
For agenda details, see SUPPLEMENTARY
INFORMATION.
DATES:
The meeting will at the
Royal Sonesta Harbor Court, 550 Light
Street, Baltimore, MD 21202; telephone:
410–234–0550.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331 or on their
Web site at www.mafmc.org.
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ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
SUPPLEMENTARY INFORMATION:
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Takes of Marine Mammals Incidental to
Specified Activities; St. George Reef
Light Station Restoration and
Maintenance at Northwest Seal Rock,
Del Norte County, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) implementing regulations,
NMFS, we, hereby give notice that we
have issued an Incidental Harassment
Authorization (Authorization) to the St.
George Reef Lighthouse Preservation
Society (Society) to take four species of
marine mammals, by harassment
incidental to conducting aircraft
operations, lighthouse renovation, and
light maintenance activities on the St.
George Reef Light Station on Northwest
Seal Rock in the northeast Pacific Ocean
from February 19, 2016 through
February 18, 2017.
DATES: Effective February 19, 2016,
through February 18, 2017.
ADDRESSES: An electronic copy of the
final Authorization, the Society’s
SUMMARY:
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application, and NMFS’ environmental
assessment are available by writing to
Jolie Harrison, Division Chief, Permits
and Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910; by
telephoning the contacts listed here, or
by visiting the Internet at: https://www.
nmfs.noaa.gov/pr/permits/incidental/
research.htm.
FOR FURTHER INFORMATION CONTACT:
Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 427–
8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act of 1972,
as amended (MMPA; 16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals 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 for incidental
takings for marine mammals shall be
granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking and
requirements pertaining to the
mitigation, monitoring, and reporting of
such taking are set forth. NMFS has
defined ‘‘negligible impact’’ in 50 CFR
216.103 as ‘‘an impact resulting from
the specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.’’
Except with respect to certain activities
not pertinent here, the MMPA defines
‘‘harassment’’ as: Any act of pursuit,
torment, or annoyance which (i) has the
potential to injure a marine mammal or
marine mammal stock in the wild [Level
A harassment]; or (ii) has the potential
to disturb a marine mammal or marine
mammal stock in the wild by causing
disruption of behavioral patterns,
including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
Summary of Request
On October 1, 2015, the Society
requested that we issue an
Authorization for the take of marine
mammals, incidental to conducting
restoration activities on the St. George
Reef Light Station (Station) located on
Northwest Seal Rock offshore of
Crescent City, California in the
northeast Pacific Ocean. NMFS
determined the application complete
and adequate on October 7, 2015 and
published a notice of proposed
Authorization on October 26, 2015 (80
FR 65201). The notice afforded the
public a 30-day comment period on the
proposed MMPA Authorization.
The Society proposes to conduct
aircraft operations, lighthouse
renovation, and periodic maintenance
on the Station’s optical light system on
a monthly basis. The proposed activity
would occur on a monthly basis over
one weekend, February 2016 through
February 2017. The Society would not
conduct the proposed activities between
May 1 and October 31, 2016. The
following specific aspects of the
proposed activities would likely to
result in the take of marine mammals:
(1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); (3) maintenance
activities (e.g., bulb replacement and
automation of the light system); and (4)
human presence. Thus, NMFS
anticipates that take, by Level B
harassment only, of California sea lions
(Zalophus californianus); Pacific harbor
seals (Phoca vitulina); Steller sea lions
(Eumetopias jubatus) of the eastern U.S.
Stock; and northern fur seals
(Callorhinus ursinus) could result from
the specified activity.
Description of the Specified Activity
Overview
To date, NMFS has issued four
Authorizations to the Society for the
conduct of the same activities from 2010
to 2015 (75 FR 4774, January 29, 2010;
76 FR 10564, February 25, 2011; 77 FR
8811, February 15, 2012; and 79 FR
6179, February 3, 2014). This is the
Society’s fifth request for an annual
Authorization as their last
Authorization expired on April 10,
2015.
The Station, listed in the National
Park Service’s National Register of
Historic Places, is located on Northwest
Seal Rock offshore of Crescent City,
California in the northeast Pacific
Ocean. The Station, built in 1892, rises
45.7 meters (m) (150 feet (ft)) above sea
level. The structure consists of
hundreds of granite blocks topped with
a cast iron lantern room and covers
much of the surface of the islet. The
purpose of the project is to restore the
lighthouse and to conduct annual and
emergency maintenance on the Station’s
optical light system.
Dates and Duration
The Society proposes to conduct the
activities (aircraft operations, lighthouse
restoration, and maintenance activities)
at a maximum frequency of one session
per month. The proposed duration for
each session would last no more than
three days (e.g., Friday, Saturday, and
Sunday). The Authorization would be
effective from February 19, 2016
through February 17, 2017 with
restrictions on the Society conducting
activities from May 1, 2016 to October
31, 2016.
Specified Geographic Region
The Station is located on Northwest
Seal Rock, a small rocky islet (41°50′24″
N., 124°22′06″ W.) approximately nine
kilometers (km) (6.0 miles (mi)) in the
northeast Pacific Ocean, offshore of
Crescent City, California (Latitude:
41°46′48″ N.; Longitude: 124°14′11″ W.).
Northwest Seal Rock is approximately
91.4 m (300 ft) in diameter that peaks at
5.18 m (17 ft) above mean sea level.
Description of Activities
We outlined the purpose of the
Society’s activities in a previous notice
for the proposed Authorization (80 FR
65201, October 26, 2015). The proposed
activities have not changed between the
notice for the proposed Authorization
and this notice announcing the issuance
of the Authorization. For a more
detailed description of the authorized
action, we refer the reader to the
Detailed Description of Activities
section in the notice for the proposed
Authorization (80 FR 65201, October 26,
2015).
Comments and Responses
A notice of receipt of the Society’s
application and NMFS’ proposal to
issue an Authorization to the Society
published in the Federal Register on
October 26, 2015 (80 FR 65201). During
the 30-day public comment period, we
received one comment from the Marine
Mammal Commission (Commission)
which recommended that we issue the
requested Authorization, provided that
the Society carries out the required
monitoring and mitigation measures as
described in the notice for the proposed
Authorization (80 FR 65201, October 26,
2015) and the application. We have
included all measures described in the
notice for the proposed Authorization
(80 FR 65201, October 26, 2015) in the
issued Authorization.
Description of Marine Mammals in the
Area of the Specified Activity
The marine mammals most likely to
be harassed incidental to the Society’s
helicopter operations, lighthouse
restoration, and lighthouse maintenance
on Northwest Seal Rock are primarily
Steller and California sea lions and to a
lesser extent the Pacific harbor seal and
the eastern Pacific stock of northern fur
seal.
Table 1 provides the following
information: All marine mammal
species with possible or confirmed
occurrence in the proposed activity
area; information on those species’
regulatory status under the MMPA and
the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.); abundance;
occurrence and seasonality in the
activity area.
TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT ON NORTHWEST SEAL
ROCK
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Species
Stock
Regulatory
status 1 2
California sea lion (Zalophus californianus) .....................
U.S. ....................................
Northern fur seal (Callorhinus ursinus) ............................
California Breeding .............
Pacific harbor seal (Phoca vitulina) .................................
California ............................
MMPA—NC,
ESA—NL
MMPA—D,
ESA—NL
MMPA—NC,
ESA—NL
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Stock
abundance 3
296,750
Occurrence and
seasonality
Year-round presence.
14,050
30,968
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Rare.
Occasional, spring.
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Federal Register / Vol. 81, No. 37 / Thursday, February 25, 2016 / Notices
TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT ON NORTHWEST SEAL
ROCK—Continued
Regulatory
status 1 2
Species
Stock
Steller sea lion (Eumetopias jubatus) ..............................
Eastern Distinct Population
Segment.
MMPA—D,
ESA—DL
Stock
abundance 3
Occurrence and
seasonality
60,131–74,448
Year-round presence.
1 MMPA:
D = Depleted, S = Strategic, NC = Not Classified.
EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
3 2015 draft NMFS Stock Assessment Reports: Carretta et al. (2015) and Muto and Angliss (2015).
2 ESA:
NMFS refers the public to the 2015
draft NMFS Marine Mammal Stock
Assessment Report available online at:
https://www.nmfs.noaa.gov/pr/sars/ for
general information on the biology and
distribution of these species which we
presented in the notice of the proposed
Authorization (80 FR 65201, October 26,
2015).
Other Marine Mammals in the
Proposed Action Area
California (southern) sea otters
(Enhydra lutris nereis), listed as
threatened under the ESA and
categorized as depleted under the
MMPA, usually range in coastal waters
within two km (1.2 mi) of the mainland
shoreline. Neither CCR nor the Society
has encountered California sea otters on
Northwest Seal Rock during the course
of the four-year wildlife study (CCR,
2001; SGRLPS, 2010; 2011; 2012)) nor
has the Society encountered this species
during the course of the previously
issued Authorizations for the same
activities. The U.S. Fish and Wildlife
Service manages the sea otter and NMFS
will not consider this species further in
this notice.
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Potential Effects of the Specified
Activities on Marine Mammals and
Their Habitat
This section of the notice for the
proposed Authorization (80 FR 65201,
October 26, 2015) included a summary
and discussion of the ways that
components of the specified activity
(e.g., visual and acoustic disturbance)
may impact marine mammals and their
habitat. The ‘‘Estimated Take by
Incidental Harassment’’ section later in
this document will include a
quantitative analysis of the number of
individuals that NMFS expects the
Society to take during this activity. The
‘‘Negligible Impact Analysis’’ section
will include the analysis of how this
specific activity would impact marine
mammals. NMFS will consider the
content of the following sections:
‘‘Estimated Take by Incidental
Harassment,’’ ‘‘Mitigation,’’ and
‘‘Anticipated Effects on Marine Mammal
Habitat,’’ to draw conclusions regarding
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the likely impacts of this activity on the
reproductive success or survivorship of
individuals—and from that
consideration—the likely impacts of this
activity on the affected marine mammal
populations or stocks.
Acoustic and visual stimuli generated
by: (1) Helicopter landings/takeoffs; (2)
noise generated during restoration
activities (e.g., painting, plastering,
welding, and glazing); and (3)
maintenance activities (e.g., bulb
replacement and automation of the light
system) may have the potential to cause
the following: Temporary or permanent
hearing impairment and/or behavioral
disturbance.
We provided detailed information on
these potential effects notice for the
proposed Authorization (80 FR 65201,
October 26, 2015). The information
presented in that notice has not
changed.
Anticipated Effects on Marine Mammal
Habitat
The only habitat modification
associated with the proposed activity is
the restoration of a light station which
would occur on the upper levels of
Northwest Seal Rock which are not used
by marine mammals. Thus, NMFS does
not expect that the authorized activity
would have any effect on marine
mammal habitat and NMFS expects that
there will be no long- or short-term
physical impacts to pinniped habitat on
Northwest Seal Rock.
The Society would remove all waste,
discarded materials and equipment from
the island after each visit. The proposed
activities will not result in any
permanent impact on habitats used by
marine mammals, including prey
species and foraging habitat. The main
impact associated with the proposed
activity will be temporarily elevated
noise levels and the associated direct
effects on marine mammals (i.e., the
potential for temporary abandonment of
the site), previously discussed in this
notice. 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
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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).
Time and Frequency: The Society
would conduct restoration activities at
maximum of once per month between
February 19, 2016, through February 18,
2017. Each restoration session would
last no more than three days.
Maintenance of the light beacon would
occur only in conjunction with
restoration activities. The Society would
not conduct restoration activities
between the period of May 1, 2016, and
October 31, 2016.
Helicopter Approach and Timing
Techniques: The Society would ensure
that its helicopter approach patterns to
the Station and timing techniques do
not disturb marine mammals as most
practicable. To the extent possible, the
helicopter should approach Northwest
Seal Rock when the tide is too high for
the marine mammals to haul-out on
Northwest Seal Rock.
Since the most severe impacts
(stampede) precede rapid and direct
helicopter approaches, the Society’s
initial approach to the Station must be
offshore from the island at a relatively
high altitude (e.g., 800–1,000 ft, or 244–
305 m). Before the final approach, the
helicopter shall circle lower, and
approach from area with the lowest
pinniped density. If for any safety
reasons (e.g., wind condition) the
Society cannot conduct these types of
helicopter approach and timing
techniques, they must postpone the
restoration and maintenance activities
for that day.
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Avoidance of Visual and Acoustic
Contact with People on Island: The
Society would instruct its members and
restoration crews to avoid making
unnecessary noise and not expose
themselves visually to pinnipeds
around the base of the Station. The door
to the lower platform (which pinnipeds
occasionally use at times) shall remain
closed and barricaded to all tourists and
other personnel.
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Mitigation Conclusions
NMFS has carefully evaluated the
Society’s proposed mitigation measures
in the context of ensuring that we
prescribe the means of 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).
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5. Avoidance or minimization of
adverse effects to marine mammal
habitat, paying special attention to the
food base, activities that block or limit
passage to or from biologically
important areas, permanent destruction
of habitat, or temporary destruction/
disturbance of habitat during a
biologically important time.
6. For monitoring directly related to
mitigation—an increase in the
probability of detecting marine
mammals, thus allowing for more
effective implementation of the
mitigation.
Based on the evaluation of the
Society’s proposed measures, NMFS has
determined that the 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.
Monitoring measures prescribed by
NMFS should accomplish one or more
of the following general goals:
1. An increase in the probability of
detecting marine mammals within the
mitigation zone (thus allowing for more
effective implementation of the
mitigation) in order to generate more
data to contribute to the analyses
mentioned later;
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) and the likelihood of
associating those exposures with
specific adverse effects, such as
behavioral harassment, temporary or
permanent threshold shift;
3. An increase in our understanding
of how marine mammals respond to
stimuli that we expect to result in take
and how those anticipated adverse
effects on individuals (in different ways
and to varying degrees) may impact the
population, species, or stock
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(specifically through effects on annual
rates of recruitment or survival) through
any of the following methods:
a. Behavioral observations in the
presence of stimuli compared to
observations in the absence of stimuli;
b. Physiological measurements in the
presence of stimuli compared to
observations in the absence of stimuli;
c. Distribution and/or abundance
comparisons in times or areas with
concentrated stimuli versus times or
areas without stimuli;
4. An increased knowledge of the
affected species; and
5. An increase in our understanding
of the effectiveness of certain mitigation
and monitoring measures.
The Society proposes to sponsor
marine mammal monitoring in order to
implement the mitigation measures that
require real-time monitoring and to
satisfy the monitoring requirements of
the Authorization. These include:
At least once during the period
between February 19, 2016, and
February 18, 2017, a qualified biologist
shall be present during all three
workdays at the Station. The qualified
biologist hired will be subject to
approval by us and they shall document
use of the island by the pinnipeds,
frequency, (i.e., dates, time, tidal height,
species, numbers present, and any
disturbances), and note any responses to
potential disturbances.
Aerial photographic surveys may
provide the most accurate means of
documenting species composition, age
and sex class of pinnipeds using the
project site during human activity
periods. The Society should complete
aerial photo coverage of Northwest Seal
Rock from the same helicopter used to
transport the Society’s personnel during
restoration trips. The Society would
take photographs of all hauled out
marine mammals at an altitude greater
than 300 m (984 ft) by a skilled
photographer, prior to the first landing
on each visit included in the monitoring
program. Photographic documentation
of marine mammals present at the end
of each three-day work session shall
also be made for a before and after
comparison. These photographs will be
forwarded to a biologist capable of
discerning marine mammal species.
Data shall be provided to us in the form
of a report with a data table, any other
significant observations related to
marine mammals, and a report of
restoration activities (see Reporting).
The original photographs can be made
available to us or other marine mammal
experts for inspection and further
analysis.
The monitoring requirements in
relation to the Society’s proposed
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activities would include species counts,
numbers of observed disturbances, and
descriptions of the disturbance
behaviors during the restoration
activities, including location, date, and
time of the event. In addition, the
Society would record observations
regarding the number and species of any
marine mammals either observed in the
water or hauled out.
The Society 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.
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Summary of Previous Monitoring
The Society complied with the
mitigation and monitoring required
under the previous authorizations
(2010–2014). They did not conduct any
operations for the 2013 or 2014 season.
However, in compliance with the 2012
Authorization, the Society submitted a
final report on the activities at the
Station, covering the period of February
15, 2012 through April 30, 2012. During
the effective dates of the 2012
Authorization, the Society conducted
one work session in March, 2012. The
Society’s aircraft operations and
restoration activities on Northwest Seal
Rock did not exceed the activity levels
analyzed under the 2012 Authorization.
During the March 2012 work session,
the Society observed two harbor seals
hauled out on Northwest Seal Rock.
Both animals (a juvenile and an adult)
departed the rock, entered the water,
and did not return to the Station during
the duration of the activities.
Reporting
The Society would submit a draft
report to NMFS’ Office of Protected
Resources no later than 90 days after the
expiration of the Authorization. The
report will include a summary of the
information gathered pursuant to the
monitoring requirements set forth in the
Authorization. The Society will submit
a final report to the NMFS Director,
Office of Protected Resources within 30
days after receiving comments from
NMFS on the draft report. If the Society
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
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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
Society’s 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., stampede),
Society 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
Assistant Western Regional Stranding
Coordinator at (562) 980–3264. The
report must include the following
information:
• Time, date, and location (latitude/
longitude) of the incident;
• Description and location of the
incident (including water depth, if
applicable);
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Description of all marine mammal
observations in the 24 hours preceding
the incident;
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
The Society shall not resume its
activities until NMFS is able to review
the circumstances of the prohibited
take. We will work with the Society to
determine what is necessary to
minimize the likelihood of further
prohibited take and ensure MMPA
compliance. The Society may not
resume their activities until notified by
us via letter, email, or telephone.
In the event that the Society discovers
an injured or dead marine mammal, and
the 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
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moderate state of decomposition as we
describe in the next paragraph), the
Society will immediately report the
incident to the Chief, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and the Assistant Western
Regional Stranding Coordinator at (562)
980–3264. 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 the Society to
determine whether modifications in the
activities are appropriate.
In the event that the Society discovers
an injured or dead marine mammal, and
the lead visual observer determines that
the injury or death is not associated
with or related to the authorized
activities (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), the Society will report the
incident to the Chief, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and the Assistant Western
Regional Stranding Coordinator at (562)
980–3264 within 24 hours of the
discovery. Society personnel will
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to us. The
Society 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
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 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 Society personnel could
disturb of animals hauled out on
Northwest Seal Rock and that the
animals may alter their behavior or
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attempt to move away from the Society’s
personnel.
As discussed earlier, NMFS considers
an animal to have been harassed if it
moved greater than 1 m (3.3 ft) in
response to the Society’s 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 Society’s previous
monitoring reports, NMFS estimates
that approximately 1,120 California sea
lions (calculated by multiplying the
maximum number of California sea
lions observed on Northwest Seal Rock
[160] by 7 months: February–April,
November–February) of the restoration
and maintenance activities), 1,085
Steller sea lions (calculated by
multiplying the maximum number of
Steller sea lions observed on Northwest
Seal Rock [155] by 7 months, 42 Pacific
harbor seals (calculated by multiplying
the maximum number of harbor seals
observed on Northwest Seal Rock [6] by
7 months), and 7 northern fur seals
(calculated by multiplying the
maximum number of northern fur seals
observed on Northwest Seal Rock [1] by
7 months) could be potentially affected
by Level B behavioral harassment over
the course of the Authorization. NMFS
bases these estimates of the numbers of
marine mammals that might be affected
on consideration of the number of
marine mammals that could be
disturbed appreciably by approximately
51 hours of aircraft operations during
the course of the activity. These
incidental harassment take numbers
represent approximately 0.38 percent of
the U.S. stock of California sea lion, 1.80
percent of the eastern U.S. stock of
Steller sea lion, 0.14 percent of the
California stock of Pacific harbor seals,
and 0.05 percent of the San Miguel
Island stock of northern fur seal.
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 locations away
from Northwest Seal Rock at the time of
the Societies proposed activities.
Because of the required mitigation
measures and the likelihood that some
pinnipeds will avoid the area, NMFS
does not expect any injury or mortality
to pinnipeds to occur and NMFS has not
authorized take by Level A harassment
for this proposed activity.
Encouraging and Coordinating
Research
The Society would share observations
and counts of marine mammals and all
observed disturbances to the
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Jkt 238001
appropriate state and federal agencies at
the conclusion of the activities.
Analysis and Preliminary
Determinations
Negligible Impact
Negligible impact is ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival’’
(50 CFR 216.103). The lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., population
level effects) forms the basis of a
negligible impact finding. Thus, an
estimate of the number of Level B
harassment takes alone is not enough
information on which to base an impact
determination. In addition to
considering estimates of the number of
marine mammals that might be ‘‘taken’’
through behavioral harassment, NMFS
must consider other factors, such as the
likely nature of any responses (their
intensity, duration, etc.), the context of
any responses (critical reproductive
time or location, migration, etc.), as well
as the number and nature of estimated
Level A harassment takes, the number of
estimated mortalities, effects on habitat,
and the status of the species.
In making a negligible impact
determination, NMFS considers:
• The number of anticipated injuries,
serious injuries, or mortalities;
• The number, nature, and intensity,
and duration of harassment;
• The context in which the takes
occur (e.g., impacts to areas of
significance, impacts to local
populations, and cumulative impacts
when taking into account successive/
contemporaneous actions when added
to baseline data);
• The status of stock or species of
marine mammals (i.e., depleted, not
depleted, decreasing, increasing, stable,
impact relative to the size of the
population);
• Impacts on habitat affecting rates of
recruitment/survival; and
• The effectiveness of monitoring and
mitigation measures to reduce the
number or severity of incidental takes
To avoid repetition, our analysis
applies to all the species listed in Table
1, given that NMFS expects the
anticipated effects of the Society’s
activities to be similar in nature.
Although the Society’s survey
activities may disturb a small number of
marine mammals hauled out on
Northwest Seal Rock, NMFS expects
those impacts to occur to a small,
localized group of animals for a limited
duration (e.g., six hours in one day).
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9445
Marine mammals would likely become
alert or, at most, flush into the water in
reaction to the presence of the Society’s
personnel during the proposed
activities. Disturbance will be limited to
a short duration, allowing marine
mammals to reoccupy Northwest Seal
Rock within a short amount of time.
Thus, the proposed action is unlikely to
result in long-term impacts such as
permanent abandonment of the area
because of the availability of alternate
areas for pinnipeds to avoid the
resultant acoustic and visual
disturbances from the restoration
activities and helicopter operations.
Results from previous monitoring
reports also show that the pinnipeds
returned Northwest Seal Rock and did
not permanently abandon haul-out sites
after the Society conducted their
activities.
The Society’s activities would occur
during the least sensitive time (e.g.,
November through April, outside of the
pupping season) for hauled out
pinnipeds on Northwest Seal Rock.
Thus, pups or breeding adults would
not be present during the proposed
activity periods.
Moreover, the Society’s mitigation
measures regarding helicopter
approaches and restoration 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.
Any noise attributed to the Society’s
proposed helicopter operations on
Northwest Seal Rock would be shortterm (approximately 5 minutes per trip).
We would expect the ambient noise
levels to return to a baseline state when
helicopter operations have ceased for
the day. As the helicopter landings take
place 15 m (48 ft) above the surface of
the rocks on Northwest Seal Rock,
NMFS presumes that the received sound
levels would increase above 81–81.9 dB
re: 20 mPa (A-weighted) at the landing
pad. However, we do not expect that the
increased received levels of sound from
the helicopter would cause threshold
shifts in hearing because the pinnipeds
would flush before the helicopter
approached Northwest Seal Rock; thus
increasing the distance between the
pinnipeds and the received sound levels
on Northwest Seal Rock during the
proposed action.
If pinnipeds are present on Northwest
Seal Rock, Level B behavioral
harassment of pinnipeds may occur
during helicopter landing and takeoff
from Northwest Seal Rock due to the
pinnipeds temporarily moving from the
rocks and lower structure of the Station
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into the sea due to the noise and
appearance of helicopter during
approaches and departures. It is
expected that all or a portion of the
marine mammals hauled out on the
island will depart the rock and slowly
move into the water upon initial
helicopter approaches. The movement
to the water would be gradual due to the
required controlled helicopter
approaches (see ‘‘Mitigation’’ for more
details), the small size of the aircraft, the
use of noise-attenuating blade tip caps
on the rotors, and behavioral
habituation on the part of the animals as
helicopter trips continue throughout the
day. During the sessions of helicopter
activity, if present on Northwest Seal
Rock, some animals may be temporarily
displaced from the island and either raft
in the water or relocate to other haulouts.
Sea lions have shown habituation to
helicopter flights within a day at the
project site and most animals are
expected to return soon after helicopter
activities cease for that day. By
clustering helicopter arrival/departures
within a short time period, we expect
animals present to show less response to
subsequent landings. NMFS anticipates
no impact on the population size or
breeding stock of Steller sea lions,
California sea lions, Pacific harbor seals,
or northern fur seals.
In summary, NMFS anticipates that
impacts to hauled-out pinnipeds during
the Society’s proposed helicopter
operations and restoration/maintenance
activities would be behavioral
harassment of limited duration (i.e., less
than three days a month) 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 the
Society’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 the Society’s proposed
activities could potentially affect, by
Level B harassment only, four species of
marine mammal under our jurisdiction.
For each species, these estimates are
small numbers (each, less than or equal
to one percent) relative to the
population size. These incidental
harassment take numbers represent
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approximately 0.32 percent of the U.S.
stock of California sea lion, 0.42 percent
of the eastern U.S. stock of Steller sea
lion, 0.11 percent of the California stock
of Pacific harbor seals, and 0.05 percent
of the San Miguel Island stock of
northern fur seal.
Based on the analysis contained in
this notice of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS finds that the Society’s proposed
activities would be limited to 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. 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)
NMFS does not expect that the
Society’s proposed helicopter
operations and restoration/maintenance
activities would affect any species listed
under the ESA. Therefore, NMFS has
determined that a section 7 consultation
under the ESA is not required.
National Environmental Policy Act
(NEPA)
To meet our NEPA requirements for
the issuance of an Authorization to the
Society, NMFS has prepared an
Environmental Assessment (EA) in 2010
that was specific to conducting aircraft
operations and restoration and
maintenance work on the St. George
Reef Light Station. The EA, titled
‘‘Issuance of an Incidental Harassment
Authorization to Take Marine Mammals
by Harassment Incidental to Conducting
Aircraft Operations, Lighthouse
Restoration and Maintenance Activities
on St. George Reef Lighthouse Station in
Del Norte County, California,’’ evaluated
the impacts on the human environment
of our authorization of incidental Level
B harassment resulting from the
specified activity in the specified
geographic region. At that time, NMFS
concluded that issuance of an annual
Authorization would not significantly
affect the quality of the human
environment and issued a Finding of No
Significant Impact (FONSI) for the 2010
EA regarding the Society’s activities. In
conjunction with the Society’s 2015
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Sfmt 4703
application, NMFS has again reviewed
the 2010 EA and determined that there
are no new direct, indirect, or
cumulative impacts to the human and
natural environment associated with the
Authorization requiring evaluation in a
supplemental EA and NMFS, therefore,
reaffirms the 2010 FONSI. An electronic
copy of the EA and the FONSI for this
activity is available upon request (see
ADDRESSES).
Authorization
NMFS has issued an Incidental
Harassment Authorization to the St.
George Reef Lighthouse Preservation
Society for conducting helicopter
operations and restoration activities on
the St. George Light Station in the
northeast Pacific Ocean, February 19,
2016, through February 18, 2017,
provided they incorporate the
previously mentioned mitigation,
monitoring, and reporting requirements.
Dated: February 19, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2016–03999 Filed 2–24–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Sea Grant Advisory Board
National Oceanic and
Atmospheric Administration,
Department of Commerce.
ACTION: Notice of solicitation for
nominations for the National Sea Grant
Advisory Board (NSGAB) and notice of
public meeting.
AGENCY:
This notice also sets forth the
schedule and proposed agenda of a
forthcoming meeting of the NSGAB.
NSGAB members will discuss and
provide advice on the National Sea
Grant College Program (NSGCP)in the
areas of program evaluation, strategic
planning, education and extension,
science and technology programs, and
other matters as described in the agenda
found on the NSGCP Web site at
https://seagrant.noaa.gov/WhoWeAre/
Leadership/NationalSeaGrantAdvisory
Board/UpcomingAdvisoryBoard
Meetings.aspx.
DATES: The announced meeting is
scheduled for Monday, March 7, 2016
from 8:30 a.m. to 5:00 p.m. EDT and
Tuesday, March 8, 2016, from 8:30 a.m.
to 12:00 p.m. EDT.
ADDRESSES: The meeting will be held at
the Washington Plaza Hotel, 10 Thomas
SUMMARY:
E:\FR\FM\25FEN1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 37 (Thursday, February 25, 2016)]
[Notices]
[Pages 9440-9446]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-03999]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE233
Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance at Northwest Seal
Rock, Del Norte County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
implementing regulations, NMFS, we, hereby give notice that we have
issued an Incidental Harassment Authorization (Authorization) to the
St. George Reef Lighthouse Preservation Society (Society) to take four
species of marine mammals, by harassment incidental to conducting
aircraft operations, lighthouse renovation, and light maintenance
activities on the St. George Reef Light Station on Northwest Seal Rock
in the northeast Pacific Ocean from February 19, 2016 through February
18, 2017.
DATES: Effective February 19, 2016, through February 18, 2017.
ADDRESSES: An electronic copy of the final Authorization, the Society's
application, and NMFS' environmental assessment are available by
writing to Jolie Harrison, Division Chief, Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910; by
telephoning the contacts listed here, or by visiting the Internet at:
https://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary
of Commerce to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals 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 for incidental takings for marine mammals shall be
granted if NMFS finds that the taking will have a negligible impact on
the species or stock(s), will not have an unmitigable adverse impact on
the availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring, and reporting of such taking
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.'' Except with respect to certain activities
not pertinent here, the MMPA defines ``harassment'' as: Any act of
pursuit, torment, or annoyance which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild [Level A harassment];
or (ii) has the potential to disturb a marine mammal or marine mammal
stock in the wild by causing disruption of behavioral patterns,
including, but not limited to, migration, breathing, nursing, breeding,
feeding, or sheltering [Level B harassment].
[[Page 9441]]
Summary of Request
On October 1, 2015, the Society requested that we issue an
Authorization for the take of marine mammals, incidental to conducting
restoration activities on the St. George Reef Light Station (Station)
located on Northwest Seal Rock offshore of Crescent City, California in
the northeast Pacific Ocean. NMFS determined the application complete
and adequate on October 7, 2015 and published a notice of proposed
Authorization on October 26, 2015 (80 FR 65201). The notice afforded
the public a 30-day comment period on the proposed MMPA Authorization.
The Society proposes to conduct aircraft operations, lighthouse
renovation, and periodic maintenance on the Station's optical light
system on a monthly basis. The proposed activity would occur on a
monthly basis over one weekend, February 2016 through February 2017.
The Society would not conduct the proposed activities between May 1 and
October 31, 2016. The following specific aspects of the proposed
activities would likely to result in the take of marine mammals: (1)
Helicopter landings/takeoffs; (2) noise generated during restoration
activities (e.g., painting, plastering, welding, and glazing); (3)
maintenance activities (e.g., bulb replacement and automation of the
light system); and (4) human presence. Thus, NMFS anticipates that
take, by Level B harassment only, of California sea lions (Zalophus
californianus); Pacific harbor seals (Phoca vitulina); Steller sea
lions (Eumetopias jubatus) of the eastern U.S. Stock; and northern fur
seals (Callorhinus ursinus) could result from the specified activity.
Description of the Specified Activity
Overview
To date, NMFS has issued four Authorizations to the Society for the
conduct of the same activities from 2010 to 2015 (75 FR 4774, January
29, 2010; 76 FR 10564, February 25, 2011; 77 FR 8811, February 15,
2012; and 79 FR 6179, February 3, 2014). This is the Society's fifth
request for an annual Authorization as their last Authorization expired
on April 10, 2015.
The Station, listed in the National Park Service's National
Register of Historic Places, is located on Northwest Seal Rock offshore
of Crescent City, California in the northeast Pacific Ocean. The
Station, built in 1892, rises 45.7 meters (m) (150 feet (ft)) above sea
level. The structure consists of hundreds of granite blocks topped with
a cast iron lantern room and covers much of the surface of the islet.
The purpose of the project is to restore the lighthouse and to conduct
annual and emergency maintenance on the Station's optical light system.
Dates and Duration
The Society proposes to conduct the activities (aircraft
operations, lighthouse restoration, and maintenance activities) at a
maximum frequency of one session per month. The proposed duration for
each session would last no more than three days (e.g., Friday,
Saturday, and Sunday). The Authorization would be effective from
February 19, 2016 through February 17, 2017 with restrictions on the
Society conducting activities from May 1, 2016 to October 31, 2016.
Specified Geographic Region
The Station is located on Northwest Seal Rock, a small rocky islet
(41[deg]50'24'' N., 124[deg]22'06'' W.) approximately nine kilometers
(km) (6.0 miles (mi)) in the northeast Pacific Ocean, offshore of
Crescent City, California (Latitude: 41[deg]46'48'' N.; Longitude:
124[deg]14'11'' W.). Northwest Seal Rock is approximately 91.4 m (300
ft) in diameter that peaks at 5.18 m (17 ft) above mean sea level.
Description of Activities
We outlined the purpose of the Society's activities in a previous
notice for the proposed Authorization (80 FR 65201, October 26, 2015).
The proposed activities have not changed between the notice for the
proposed Authorization and this notice announcing the issuance of the
Authorization. For a more detailed description of the authorized
action, we refer the reader to the Detailed Description of Activities
section in the notice for the proposed Authorization (80 FR 65201,
October 26, 2015).
Comments and Responses
A notice of receipt of the Society's application and NMFS' proposal
to issue an Authorization to the Society published in the Federal
Register on October 26, 2015 (80 FR 65201). During the 30-day public
comment period, we received one comment from the Marine Mammal
Commission (Commission) which recommended that we issue the requested
Authorization, provided that the Society carries out the required
monitoring and mitigation measures as described in the notice for the
proposed Authorization (80 FR 65201, October 26, 2015) and the
application. We have included all measures described in the notice for
the proposed Authorization (80 FR 65201, October 26, 2015) in the
issued Authorization.
Description of Marine Mammals in the Area of the Specified Activity
The marine mammals most likely to be harassed incidental to the
Society's helicopter operations, lighthouse restoration, and lighthouse
maintenance on Northwest Seal Rock are primarily Steller and California
sea lions and to a lesser extent the Pacific harbor seal and the
eastern Pacific stock of northern fur seal.
Table 1 provides the following information: All marine mammal
species with possible or confirmed occurrence in the proposed activity
area; information on those species' regulatory status under the MMPA
and the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);
abundance; occurrence and seasonality in the activity area.
Table 1--General Information on Marine Mammals That Could Potentially Haul Out on Northwest Seal Rock
----------------------------------------------------------------------------------------------------------------
Regulatory status Stock
Species Stock 1 2 abundance \3\ Occurrence and seasonality
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus U.S............. MMPA--NC, ESA--NL 296,750 Year-round presence.
californianus).
Northern fur seal (Callorhinus California MMPA--D, ESA--NL 14,050 Rare.
ursinus). Breeding.
Pacific harbor seal (Phoca California...... MMPA--NC, ESA--NL 30,968 Occasional, spring.
vitulina).
[[Page 9442]]
Steller sea lion (Eumetopias Eastern Distinct MMPA--D, ESA--DL 60,131-74,448 Year-round presence.
jubatus). Population
Segment.
----------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2015 draft NMFS Stock Assessment Reports: Carretta et al. (2015) and Muto and Angliss (2015).
NMFS refers the public to the 2015 draft NMFS Marine Mammal Stock
Assessment Report available online at: https://www.nmfs.noaa.gov/pr/sars/ for general information on the biology and distribution of these
species which we presented in the notice of the proposed Authorization
(80 FR 65201, October 26, 2015).
Other Marine Mammals in the Proposed Action Area
California (southern) sea otters (Enhydra lutris nereis), listed as
threatened under the ESA and categorized as depleted under the MMPA,
usually range in coastal waters within two km (1.2 mi) of the mainland
shoreline. Neither CCR nor the Society has encountered California sea
otters on Northwest Seal Rock during the course of the four-year
wildlife study (CCR, 2001; SGRLPS, 2010; 2011; 2012)) nor has the
Society encountered this species during the course of the previously
issued Authorizations for the same activities. The U.S. Fish and
Wildlife Service manages the sea otter and NMFS will not consider this
species further in this notice.
Potential Effects of the Specified Activities on Marine Mammals and
Their Habitat
This section of the notice for the proposed Authorization (80 FR
65201, October 26, 2015) included a summary and discussion of the ways
that components of the specified activity (e.g., visual and acoustic
disturbance) may impact marine mammals and their habitat. The
``Estimated Take by Incidental Harassment'' section later in this
document will include a quantitative analysis of the number of
individuals that NMFS expects the Society to take during this activity.
The ``Negligible Impact Analysis'' section will include the analysis of
how this specific activity would impact marine mammals. NMFS will
consider the content of the following sections: ``Estimated Take by
Incidental Harassment,'' ``Mitigation,'' and ``Anticipated Effects on
Marine Mammal Habitat,'' to draw conclusions regarding the likely
impacts of this activity on the reproductive success or survivorship of
individuals--and from that consideration--the likely impacts of this
activity on the affected marine mammal populations or stocks.
Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause the following: Temporary or permanent
hearing impairment and/or behavioral disturbance.
We provided detailed information on these potential effects notice
for the proposed Authorization (80 FR 65201, October 26, 2015). The
information presented in that notice has not changed.
Anticipated Effects on Marine Mammal Habitat
The only habitat modification associated with the proposed activity
is the restoration of a light station which would occur on the upper
levels of Northwest Seal Rock which are not used by marine mammals.
Thus, NMFS does not expect that the authorized activity would have any
effect on marine mammal habitat and NMFS expects that there will be no
long- or short-term physical impacts to pinniped habitat on Northwest
Seal Rock.
The Society would remove all waste, discarded materials and
equipment from the island after each visit. The proposed activities
will not result in any permanent impact on habitats used by marine
mammals, including prey species and foraging habitat. The main impact
associated with the proposed activity will be temporarily elevated
noise levels and the associated direct effects on marine mammals (i.e.,
the potential for temporary abandonment of the site), previously
discussed in this notice. 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).
Time and Frequency: The Society would conduct restoration
activities at maximum of once per month between February 19, 2016,
through February 18, 2017. Each restoration session would last no more
than three days. Maintenance of the light beacon would occur only in
conjunction with restoration activities. The Society would not conduct
restoration activities between the period of May 1, 2016, and October
31, 2016.
Helicopter Approach and Timing Techniques: The Society would ensure
that its helicopter approach patterns to the Station and timing
techniques do not disturb marine mammals as most practicable. To the
extent possible, the helicopter should approach Northwest Seal Rock
when the tide is too high for the marine mammals to haul-out on
Northwest Seal Rock.
Since the most severe impacts (stampede) precede rapid and direct
helicopter approaches, the Society's initial approach to the Station
must be offshore from the island at a relatively high altitude (e.g.,
800-1,000 ft, or 244-305 m). Before the final approach, the helicopter
shall circle lower, and approach from area with the lowest pinniped
density. If for any safety reasons (e.g., wind condition) the Society
cannot conduct these types of helicopter approach and timing
techniques, they must postpone the restoration and maintenance
activities for that day.
[[Page 9443]]
Avoidance of Visual and Acoustic Contact with People on Island: The
Society would instruct its members and restoration crews to avoid
making unnecessary noise and not expose themselves visually to
pinnipeds around the base of the Station. The door to the lower
platform (which pinnipeds occasionally use at times) shall remain
closed and barricaded to all tourists and other personnel.
Mitigation Conclusions
NMFS has carefully evaluated the Society's proposed mitigation
measures in the context of ensuring that we prescribe the means of
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 the Society's proposed measures, NMFS
has determined that the 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.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
1. An increase in the probability of detecting marine mammals
within the mitigation zone (thus allowing for more effective
implementation of the mitigation) in order to generate more data to
contribute to the analyses mentioned later;
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) and the likelihood of associating those exposures with
specific adverse effects, such as behavioral harassment, temporary or
permanent threshold shift;
3. An increase in our understanding of how marine mammals respond
to stimuli that we expect to result in take and how those anticipated
adverse effects on individuals (in different ways and to varying
degrees) may impact the population, species, or stock (specifically
through effects on annual rates of recruitment or survival) through any
of the following methods:
a. Behavioral observations in the presence of stimuli compared to
observations in the absence of stimuli;
b. Physiological measurements in the presence of stimuli compared
to observations in the absence of stimuli;
c. Distribution and/or abundance comparisons in times or areas with
concentrated stimuli versus times or areas without stimuli;
4. An increased knowledge of the affected species; and
5. An increase in our understanding of the effectiveness of certain
mitigation and monitoring measures.
The Society proposes to sponsor marine mammal monitoring in order
to implement the mitigation measures that require real-time monitoring
and to satisfy the monitoring requirements of the Authorization. These
include:
At least once during the period between February 19, 2016, and
February 18, 2017, a qualified biologist shall be present during all
three workdays at the Station. The qualified biologist hired will be
subject to approval by us and they shall document use of the island by
the pinnipeds, frequency, (i.e., dates, time, tidal height, species,
numbers present, and any disturbances), and note any responses to
potential disturbances.
Aerial photographic surveys may provide the most accurate means of
documenting species composition, age and sex class of pinnipeds using
the project site during human activity periods. The Society should
complete aerial photo coverage of Northwest Seal Rock from the same
helicopter used to transport the Society's personnel during restoration
trips. The Society would take photographs of all hauled out marine
mammals at an altitude greater than 300 m (984 ft) by a skilled
photographer, prior to the first landing on each visit included in the
monitoring program. Photographic documentation of marine mammals
present at the end of each three-day work session shall also be made
for a before and after comparison. These photographs will be forwarded
to a biologist capable of discerning marine mammal species. Data shall
be provided to us in the form of a report with a data table, any other
significant observations related to marine mammals, and a report of
restoration activities (see Reporting). The original photographs can be
made available to us or other marine mammal experts for inspection and
further analysis.
The monitoring requirements in relation to the Society's proposed
[[Page 9444]]
activities would include species counts, numbers of observed
disturbances, and descriptions of the disturbance behaviors during the
restoration activities, including location, date, and time of the
event. In addition, the Society would record observations regarding the
number and species of any marine mammals either observed in the water
or hauled out.
The Society 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.
Summary of Previous Monitoring
The Society complied with the mitigation and monitoring required
under the previous authorizations (2010-2014). They did not conduct any
operations for the 2013 or 2014 season. However, in compliance with the
2012 Authorization, the Society submitted a final report on the
activities at the Station, covering the period of February 15, 2012
through April 30, 2012. During the effective dates of the 2012
Authorization, the Society conducted one work session in March, 2012.
The Society's aircraft operations and restoration activities on
Northwest Seal Rock did not exceed the activity levels analyzed under
the 2012 Authorization. During the March 2012 work session, the Society
observed two harbor seals hauled out on Northwest Seal Rock. Both
animals (a juvenile and an adult) departed the rock, entered the water,
and did not return to the Station during the duration of the
activities.
Reporting
The Society would submit a draft report to NMFS' Office of
Protected Resources no later than 90 days after the expiration of the
Authorization. The report will include a summary of the information
gathered pursuant to the monitoring requirements set forth in the
Authorization. The Society will submit a final report to the NMFS
Director, Office of Protected Resources within 30 days after receiving
comments from NMFS on the draft report. If the Society 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 Society's 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., stampede), Society 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 Assistant Western Regional
Stranding Coordinator at (562) 980-3264. The report must include the
following information:
Time, date, and location (latitude/longitude) of the
incident;
Description and location of the incident (including water
depth, if applicable);
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
The Society shall not resume its activities until NMFS is able to
review the circumstances of the prohibited take. We will work with the
Society to determine what is necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. The Society may not
resume their activities until notified by us via letter, email, or
telephone.
In the event that the Society discovers an injured or dead marine
mammal, and the 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), the Society will immediately report the incident to the
Chief, Permits and Conservation Division, Office of Protected
Resources, NMFS, at 301-427-8401 and the Assistant Western Regional
Stranding Coordinator at (562) 980-3264. 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 the Society to determine whether
modifications in the activities are appropriate.
In the event that the Society discovers an injured or dead marine
mammal, and the lead visual observer determines that the injury or
death is not associated with or related to the authorized activities
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), the Society will report the
incident to the Chief, Permits and Conservation Division, Office of
Protected Resources, NMFS, at 301-427-8401 and the Assistant Western
Regional Stranding Coordinator at (562) 980-3264 within 24 hours of the
discovery. Society personnel will provide photographs or video footage
(if available) or other documentation of the stranded animal sighting
to us. The Society 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 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 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
Society personnel could disturb of animals hauled out on Northwest Seal
Rock and that the animals may alter their behavior or
[[Page 9445]]
attempt to move away from the Society's personnel.
As discussed earlier, NMFS considers an animal to have been
harassed if it moved greater than 1 m (3.3 ft) in response to the
Society's 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 Society's previous monitoring reports, NMFS estimates
that approximately 1,120 California sea lions (calculated by
multiplying the maximum number of California sea lions observed on
Northwest Seal Rock [160] by 7 months: February-April, November-
February) of the restoration and maintenance activities), 1,085 Steller
sea lions (calculated by multiplying the maximum number of Steller sea
lions observed on Northwest Seal Rock [155] by 7 months, 42 Pacific
harbor seals (calculated by multiplying the maximum number of harbor
seals observed on Northwest Seal Rock [6] by 7 months), and 7 northern
fur seals (calculated by multiplying the maximum number of northern fur
seals observed on Northwest Seal Rock [1] by 7 months) could be
potentially affected by Level B behavioral harassment over the course
of the Authorization. NMFS bases these estimates of the numbers of
marine mammals that might be affected on consideration of the number of
marine mammals that could be disturbed appreciably by approximately 51
hours of aircraft operations during the course of the activity. These
incidental harassment take numbers represent approximately 0.38 percent
of the U.S. stock of California sea lion, 1.80 percent of the eastern
U.S. stock of Steller sea lion, 0.14 percent of the California stock of
Pacific harbor seals, and 0.05 percent of the San Miguel Island stock
of northern fur seal. 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 locations away from Northwest Seal Rock at the
time of the Societies proposed activities.
Because of the required mitigation measures and the likelihood that
some pinnipeds will avoid the area, NMFS does not expect any injury or
mortality to pinnipeds to occur and NMFS has not authorized take by
Level A harassment for this proposed activity.
Encouraging and Coordinating Research
The Society would share observations and counts of marine mammals
and all observed disturbances to the appropriate state and federal
agencies at the conclusion of the activities.
Analysis and Preliminary Determinations
Negligible Impact
Negligible impact is ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival'' (50 CFR 216.103). The lack of
likely adverse effects on annual rates of recruitment or survival
(i.e., population level effects) forms the basis of a negligible impact
finding. Thus, an estimate of the number of Level B harassment takes
alone is not enough information on which to base an impact
determination. In addition to considering estimates of the number of
marine mammals that might be ``taken'' through behavioral harassment,
NMFS must consider other factors, such as the likely nature of any
responses (their intensity, duration, etc.), the context of any
responses (critical reproductive time or location, migration, etc.), as
well as the number and nature of estimated Level A harassment takes,
the number of estimated mortalities, effects on habitat, and the status
of the species.
In making a negligible impact determination, NMFS considers:
The number of anticipated injuries, serious injuries, or
mortalities;
The number, nature, and intensity, and duration of
harassment;
The context in which the takes occur (e.g., impacts to
areas of significance, impacts to local populations, and cumulative
impacts when taking into account successive/contemporaneous actions
when added to baseline data);
The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
Impacts on habitat affecting rates of recruitment/
survival; and
The effectiveness of monitoring and mitigation measures to
reduce the number or severity of incidental takes
To avoid repetition, our analysis applies to all the species listed
in Table 1, given that NMFS expects the anticipated effects of the
Society's activities to be similar in nature.
Although the Society's survey activities may disturb a small number
of marine mammals hauled out on Northwest Seal Rock, NMFS expects those
impacts to occur to a small, localized group of animals for a limited
duration (e.g., six hours in one day). Marine mammals would likely
become alert or, at most, flush into the water in reaction to the
presence of the Society's personnel during the proposed activities.
Disturbance will be limited to a short duration, allowing marine
mammals to reoccupy Northwest Seal Rock within a short amount of time.
Thus, the proposed action is unlikely to result in long-term impacts
such as permanent abandonment of the area because of the availability
of alternate areas for pinnipeds to avoid the resultant acoustic and
visual disturbances from the restoration activities and helicopter
operations. Results from previous monitoring reports also show that the
pinnipeds returned Northwest Seal Rock and did not permanently abandon
haul-out sites after the Society conducted their activities.
The Society's activities would occur during the least sensitive
time (e.g., November through April, outside of the pupping season) for
hauled out pinnipeds on Northwest Seal Rock. Thus, pups or breeding
adults would not be present during the proposed activity periods.
Moreover, the Society's mitigation measures regarding helicopter
approaches and restoration 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.
Any noise attributed to the Society's proposed helicopter
operations on Northwest Seal Rock would be short-term (approximately 5
minutes per trip). We would expect the ambient noise levels to return
to a baseline state when helicopter operations have ceased for the day.
As the helicopter landings take place 15 m (48 ft) above the surface of
the rocks on Northwest Seal Rock, NMFS presumes that the received sound
levels would increase above 81-81.9 dB re: 20 [mu]Pa (A-weighted) at
the landing pad. However, we do not expect that the increased received
levels of sound from the helicopter would cause threshold shifts in
hearing because the pinnipeds would flush before the helicopter
approached Northwest Seal Rock; thus increasing the distance between
the pinnipeds and the received sound levels on Northwest Seal Rock
during the proposed action.
If pinnipeds are present on Northwest Seal Rock, Level B behavioral
harassment of pinnipeds may occur during helicopter landing and takeoff
from Northwest Seal Rock due to the pinnipeds temporarily moving from
the rocks and lower structure of the Station
[[Page 9446]]
into the sea due to the noise and appearance of helicopter during
approaches and departures. It is expected that all or a portion of the
marine mammals hauled out on the island will depart the rock and slowly
move into the water upon initial helicopter approaches. The movement to
the water would be gradual due to the required controlled helicopter
approaches (see ``Mitigation'' for more details), the small size of the
aircraft, the use of noise-attenuating blade tip caps on the rotors,
and behavioral habituation on the part of the animals as helicopter
trips continue throughout the day. During the sessions of helicopter
activity, if present on Northwest Seal Rock, some animals may be
temporarily displaced from the island and either raft in the water or
relocate to other haul-outs.
Sea lions have shown habituation to helicopter flights within a day
at the project site and most animals are expected to return soon after
helicopter activities cease for that day. By clustering helicopter
arrival/departures within a short time period, we expect animals
present to show less response to subsequent landings. NMFS anticipates
no impact on the population size or breeding stock of Steller sea
lions, California sea lions, Pacific harbor seals, or northern fur
seals.
In summary, NMFS anticipates that impacts to hauled-out pinnipeds
during the Society's proposed helicopter operations and restoration/
maintenance activities would be behavioral harassment of limited
duration (i.e., less than three days a month) 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 the Society'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 the Society's proposed
activities could potentially affect, by Level B harassment only, four
species of marine mammal under our jurisdiction. For each species,
these estimates are small numbers (each, less than or equal to one
percent) relative to the population size. These incidental harassment
take numbers represent approximately 0.32 percent of the U.S. stock of
California sea lion, 0.42 percent of the eastern U.S. stock of Steller
sea lion, 0.11 percent of the California stock of Pacific harbor seals,
and 0.05 percent of the San Miguel Island stock of northern fur seal.
Based on the analysis contained in this notice of the likely
effects of the specified activity on marine mammals and their habitat,
and taking into consideration the implementation of the mitigation and
monitoring measures, NMFS finds that the Society's proposed activities
would be limited to 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. 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)
NMFS does not expect that the Society's proposed helicopter
operations and restoration/maintenance activities would affect any
species listed under the ESA. Therefore, NMFS has determined that a
section 7 consultation under the ESA is not required.
National Environmental Policy Act (NEPA)
To meet our NEPA requirements for the issuance of an Authorization
to the Society, NMFS has prepared an Environmental Assessment (EA) in
2010 that was specific to conducting aircraft operations and
restoration and maintenance work on the St. George Reef Light Station.
The EA, titled ``Issuance of an Incidental Harassment Authorization to
Take Marine Mammals by Harassment Incidental to Conducting Aircraft
Operations, Lighthouse Restoration and Maintenance Activities on St.
George Reef Lighthouse Station in Del Norte County, California,''
evaluated the impacts on the human environment of our authorization of
incidental Level B harassment resulting from the specified activity in
the specified geographic region. At that time, NMFS concluded that
issuance of an annual Authorization would not significantly affect the
quality of the human environment and issued a Finding of No Significant
Impact (FONSI) for the 2010 EA regarding the Society's activities. In
conjunction with the Society's 2015 application, NMFS has again
reviewed the 2010 EA and determined that there are no new direct,
indirect, or cumulative impacts to the human and natural environment
associated with the Authorization requiring evaluation in a
supplemental EA and NMFS, therefore, reaffirms the 2010 FONSI. An
electronic copy of the EA and the FONSI for this activity is available
upon request (see ADDRESSES).
Authorization
NMFS has issued an Incidental Harassment Authorization to the St.
George Reef Lighthouse Preservation Society for conducting helicopter
operations and restoration activities on the St. George Light Station
in the northeast Pacific Ocean, February 19, 2016, through February 18,
2017, provided they incorporate the previously mentioned mitigation,
monitoring, and reporting requirements.
Dated: February 19, 2016.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2016-03999 Filed 2-24-16; 8:45 am]
BILLING CODE 3510-22-P
