Takes of Marine Mammals Incidental to Specified Activities; Sand Quality Study Activities at the Children's Pool Beach, La Jolla, California, 35739-35747 [2016-13171]
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Federal Register / Vol. 81, No. 107 / Friday, June 3, 2016 / Notices
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[FR Doc. 2016–13111 Filed 6–2–16; 8:45 am]
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Takes of Marine Mammals Incidental to
Specified Activities; Sand Quality
Study Activities at the Children’s Pool
Beach, La Jolla, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an Incidental
Harassment Authorization (IHA).
AGENCY:
In accordance with the
Marine Mammal Protection Act
(MMPA) as amended, notification is
hereby given that NMFS has issued an
IHA to the City of San Diego to take
small numbers of marine mammals, by
Level B harassment, incidental to the
conduct of sand quality study activities
at the Children’s Pool Beach in La Jolla,
California.
DATES: Effective June 1, 2016 through
May 30, 2017.
FOR FURTHER INFORMATION CONTACT: Dale
Youngkin, Office of Protected
Resources, NMFS, 301–427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.), direct
the Secretary of Commerce (Secretary)
to allow, upon request, the incidental,
but not intentional, taking of small
numbers of marine mammals, by United
States citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
Authorization for the incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring,
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35739
and reporting of such takings are set
forth. NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as ‘‘. . . an
impact resulting from the specified
activity that cannot be reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival.’’
Section 101(a)(5)(D) of the MMPA
established an expedited process by
which citizens of the United States can
apply for an authorization to
incidentally take small numbers of
marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA
establishes a 45-day time limit for
NMFS’s review of an application
followed by a 30-day public notice and
comment period on any proposed
authorizations for the incidental
harassment of small numbers of marine
mammals. Within 45 days of the close
of the public comment period, NMFS
must either issue or deny the
authorization.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as: Any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering [Level B
harassment].
Summary of Request
On December 14, 2015, NMFS
received an application from the City of
San Diego, Transportation & Storm
Water Department, Storm Water
Division, requesting an IHA for the
taking of marine mammals incidental to
the conduct of sand quality study
activities. NMFS determined that the
IHA application was adequate and
complete on February 25, 2016. NMFS
published a notice making preliminary
determinations and proposing to issue
an IHA on April 4, 2016 (81 FR 19137).
The notice initiated a 30 day comment
period.
The City of San Diego will undertake
the proposed sand quality sampling
activities between June 1, 2016 and
December 14, 2016 at the Children’s
Pool Beach in La Jolla, California. Visual
stimuli due to the presence of
technicians on the beach and their sand
sampling collection activities during the
study have the potential to result in the
take of marine mammals through
behavioral disturbance. The IHA
authorizes the take, by Level B
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(behavioral) harassment, of small
numbers of Pacific harbor seals (Phoca
vitulina richardii), California sea lions
(Zalophus californianus), and northern
elephant seals (Mirounga angustirostris)
incidental to sand quality sampling
activities of the Children’s Pool Beach at
La Jolla, CA. Additional information on
the sand quality sampling activities at
the Children’s Pool Beach is contained
in the IHA application, which is
available at the NMFS Web site: https://
www.nmfs.noaa.gov/pr/permits/
incidental.
Description of the Specified Activity
A detailed description of the sand
sampling project is provided in the
Federal Register notice for the proposed
IHA (81 FR 19137, April 4, 2016). Since
that time, no changes have been made
to the planned activities. Therefore, a
detailed description is not provided
here. Please refer to that Federal
Register notice for the description of the
specific activity.
Comments and Responses
A notice of preliminary
determinations and proposed IHA for
the City of San Diego’s sand quality
study activities was published in the
Federal Register on April 4, 2016 (81 FR
19137). During the 30-day public
comment period, NMFS received
comments from the Marine Mammal
Commission (Commission). The
comments are posted online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/construction.html. Following
are the substantive comments and
NMFS’s responses:
Comment 1: The Commission concurs
with NMFS’s preliminary findings and
recommends that NMFS issue the
requested IHA, subject to inclusion of
the proposed mitigation, monitoring,
and reporting measures.
Response: NMFS concurs with the
Commission’s recommendation and has
issued the IHA to the City of San Diego.
Description of Marine Mammals in the
Specified Geographic Area of the
Proposed Specified Activity
Information on marine mammal
species for which take is authorized is
included below. Further information on
the biology and local distribution of
these marine mammal species and
others in the region can be found in the
NMFS Marine Mammal Stock
Assessment Reports, which are available
online at: https://www.nmfs.noaa.gov/pr/
sars/.
Three species of pinnipeds are known
to occur in the Children’s Pool proposed
action area and off the Pacific coastline
(see Table 1 below). Pacific harbor seals
are the most common species likely to
be found within the immediate vicinity
of the activity area. California sea lions
and northern elephant seals may also be
found within the immediate vicinity of
the activity area, but are more rare
occurrences than harbor seals. Northern
fur seals and Guadalupe fur seals are
even more rarely observed at this
location (Northern and Guadalupe fur
seals have been seen observed at nearby
beaches on rare occasions, and a
northern fur seal was observed hauled
out at La Jolla Cove, which is less than
a mile from Children’s Pool, per a
personal communication with Dr.
Hanan [February 4, 2016], a scientist
with extensive knowledge of the area
and the species occurring there). Fur
seals are not known to haul out in such
urban mainland beaches, and their
presence would likely be attributed to
sickness or injury if they were observed
in this location. Therefore, only three
species are considered to be potentially
exposed to effects of the proposed sand
sampling activities, as sand sampling
activities will not be conducted if fur
seals were present and coordination
with the stranding network would
commence. A variety of other marine
mammal species have on occasion been
reported in the coastal waters off
southern California. However, none of
these species have been reported to
occur in the immediate proposed action
area of the Children’s Pool Beach.
Therefore, NMFS does not expect, and
does not propose to authorize,
incidental take of marine mammal
species other than Pacific harbor seals,
California sea lions, and northern
elephant seals from the proposed
specified activities. Table 1 below
provides information on these marine
mammal species, their habitat, and
conservation status in the nearshore
area of the general region of the
proposed project area.
TABLE 1—THE HABITAT, ABUNDANCE, AND CONSERVATION STATUS OF PACIFIC HARBOR SEALS, CALIFORNIA SEA LIONS,
AND NORTHERN ELEPHANT SEALS
Habitat
Occurrence
Range
Best population
estimate (minimum) 1
ESA 2
MMPA 3
Pacific harbor seal (Phoca
vitulina richardii).
Coastal ........................
Common ..............
30,968 (27,348)—California stock.
NL .....
NC
Northern elephant seal
(Mirounga angustirostris).
Coastal, pelagic when
not migrating.
Common ..............
NC
Coastal, shelf ..............
Common ..............
179,000 (81,368)—
California breeding
stock.
296,750 (153,337)—
U.S. stock.
NL .....
California sea lion
(Zalophus californianus).
Coastal temperate to
polar regions in
Northern Hemisphere.
Eastern and Central
North Pacific—Alaska to Mexico.
Eastern North Pacific
Ocean—Alaska to
Mexico.
NL .....
NC
Species
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NA = Not available or not assessed.
1 NMFS Marine Mammal Stock Assessment Reports.
2 U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, and NL = Not listed.
3 U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, and NC = Not classified.
A detailed description of the of the
species likely to be affected by the sand
sampling project, including
introductions to the species and
relevant stocks as well as available
information regarding population trends
and threats, and information regarding
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local occurrence, were provided in the
Federal Register notice for the proposed
IHA (81 FR 19137; April 4, 2016); since
that time, we are not aware of any
changes in the status of these species
and stocks; therefore, detailed
descriptions are not provided here.
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Please refer to that Federal Register
notice for these descriptions. Please also
refer to NMFS’ Web site
(www.nmfs.noaa.gov/pr/species/
mammals/) for generalized species
accounts.
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weaning of late season pups. Thus, sand
quality study activities shall be
prohibited until June 1, 2016 and will
be required to end before December 15,
2016.
Anticipated Effects on Marine Mammal
Habitat
The primary anticipated adverse
impact from the planned project upon
habitat consists of the removal of sand
from the beach. This change is minor,
temporary, and limited in duration to
the period of the sand sampling
activities. Although sand will be
collected from the beach, the total
volume removed over the course of the
study is estimated to be less than one
cubic foot. Therefore, we do not
anticipate impacts to marine mammal
habitat. The Federal Register notice for
the proposed IHA (81 FR 19137; April
4, 2016) included a discussion of the
effects of the sand sampling activities on
marine mammal habitat, therefore that
information is not repeated here; please
refer to the Federal Register notice (81
FR 19137; April 4, 2016) for that
information.
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Potential Effects of the Specified
Activity on Marine Mammals
The effects of visual stimuli from the
planned project have the potential to
result in behavioral harassment of
marine mammals in the project area.
The Federal Register notice for the
proposed IHA (81 FR 19137; April 4,
2016) included a discussion of the
effects of visual stimuli on marine
mammals, therefore that information is
not repeated here; please refer to the
Federal Register notice (81 FR 19137;
April 4, 2016) for that information. No
instances of hearing injury, serious
injury, or mortality are expected as a
result of the sand sampling activities.
Daily Sand Sampling Timing
Sand sampling activities shall be
scheduled, to the maximum extent
practicable, during the daily period of
lowest haul-out occurrence, from
approximately 8:30 a.m. to 3:30 p.m., as
harbor seals typically have the highest
daily or hourly haul-out period during
the afternoon from 3 p.m. to 6 p.m.
However, sand sampling activities may
be extended from 7 a.m. to 7 p.m. to
help assure that the project can be
completed at a time with low numbers
of seals hauled out.
Mitigation Measures
In order to issue an Incidental Take
Authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
prescribe, where applicable, the
permissible methods of taking pursuant
to such activity, and other means of
effecting the least practicable impact on
such species or stock and its habitat,
paying particular attention to rookeries,
mating grounds, and areas of similar
significance, and on the availability of
such species or stock for taking for
certain subsistence uses (where
relevant).
The planned activities include a
variety of measures to minimize
potential impacts on marine mammals,
including:
Prohibition of Sand Sampling During
Pupping Season
Sand sampling activities shall be
prohibited during the Pacific harbor seal
pupping season (December 15th to May
15th), and for an additional two weeks
thereafter to accommodate lactation and
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Limiting Activity to Daylight Hours
Sand sampling activities shall be
conducted during daylight hours only.
As Protected Species Observers (PSOs)
will be required to monitor the sand
sampling activities (see discussion
below), conducting the sampling events
during daylight hours with adequate
visibility will allow observers to
adequately observe and record
activities.
Avoidance/Minimization of Interaction
With Pinnipeds
As stated in the FR notice for the
proposed IHA (81 FR 19137; April 4,
2016), per Dr. Doyle Hanan, ongoing
observations of harbor seals at
Children’s Pool have indicated a
habituation to the presence of people to
some degree and therefore, generally
show signs of disturbance when people
are very close to them on the beach
(generally less than two to three meters).
Sand sampling activities will be
conducted such that humans remain at
least three meters from hauled out
pinnipeds at all times. While the study
calls for taking samples along transects,
there is enough flexibility to allow for
variation from the transect line to
collect samples and still allow for
minimizing approach to pinnipeds on
the beach. Therefore, hauled out
pinnipeds will be minimized or
avoided, and efforts will be made to
avoid disturbing/alerting/flushing them.
Protected Species Observers
Trained PSOs will be used to detect,
document, and minimize impacts to
marine mammals. More information
about this measure is contained in the
‘‘Proposed Monitoring’’ section (below).
Mitigation Conclusions
NMFS has carefully evaluated the
applicant’s mitigation measures and
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35741
considered a range of other measures in
the context of ensuring that NMFS
prescribes the means of effecting the
least practicable impact on the affected
marine mammal species and stocks and
their habitat. NMFS’s 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, including
consideration of personnel safety,
practicality of implementation, and
impact on the effectiveness of the
activity.
Any mitigation measure(s) prescribed
by NMFS should be able to accomplish,
have a reasonable likelihood of
accomplishing (based on current
science), or contribute to the
accomplishment of one or more of the
general goals listed below:
(1) Avoidance or minimization of
injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may
contribute to this goal).
(2) A reduction in the numbers of
marine mammals (total number or
number at biologically important time
or location) exposed to visual or
auditory stimuli associated with the
proposed sand quality study, or other
activities expected to result in the take
of marine mammals (this goal may
contribute to 1, above, or to reducing
harassment takes only).
(3) A reduction in the number of
times (total number or number at
biologically important time or location)
individuals would be exposed to visual
or auditory stimuli associated with the
proposed sand quality study, or other
activities expected to result in the take
of marine mammals (this goal may
contribute to 1, above, or to reducing
harassment takes only).
(4) A reduction in the intensity of
exposures (either total number or
number at biologically important time
or location) to visual or auditory stimuli
associated with the proposed sand
quality study, or other activities
expected 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 of 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
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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 NMFS’s evaluation of the
applicant’s planned measures, as well as
other measures considered by NMFS,
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 and Reporting
In order to issue an ITA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must, where
applicable, set forth ‘‘requirements
pertaining to the monitoring and
reporting of such taking.’’ The MMPA
implementing regulations at 50 CFR
216.104 (a)(13) require that requests for
ITAs include the suggested means of
accomplishing the necessary monitoring
and reporting that will result in
increased knowledge of the species and
of the level of taking or impacts on
populations of marine mammals that are
expected to be present in the 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, both within
the mitigation zone (thus allowing for
more effective implementation of the
mitigation) and in general to generate
more data to contribute to the analyses
mentioned below;
(2) An increase in our understanding
of how many marine mammals are
likely to be exposed to visual or
auditory stimuli associated with the
proposed sand quality study that we
associate with specific adverse effects,
such as behavioral harassment;
(3) An increase in our understanding
of how marine mammals respond to
stimuli expected to result in take and
how anticipated adverse effects on
individuals (in different ways and to
varying degrees) may impact the
population, species, or stock
(specifically through effects on annual
rates of recruitment or survival) through
any of the following methods:
• Behavioral observations in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
distance from source, and other
pertinent information);
• Physiological measurements in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
distance from the source, and other
pertinent information);
• 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;
(5) An increase in our understanding
of the effectiveness of certain mitigation
and monitoring measures; and
(6) An increase in our level of
knowledge regarding the overall health
of the monitored species, particularly in
light of recent local UMEs and
observations of malnutrition increases
in the area.
Monitoring
The City of San Diego has developed
a monitoring plan based on discussions
between the City of San Diego and
NMFS, as well as review of past IHAs
granted to the City of San Diego. The
plan was included as an Appendix to
our Environmental Assessment (EA) for
issuance of the IHA for the sand quality
study activities (see National
Environmental Policy Act section
below). No changes to the monitoring
plan were made based on comments
received during the public review
period. The monitoring plan has also
been included as an attachment to the
IHA issued to the City of San Diego. The
City of San Diego will ensure that the
requirements of the IHA and monitoring
plan are explained to all workers
associated with sand quality study
activities at Children’s Pool Beach, and
a copy of the IHA will be posted at a
prominent location at the site of the
activities.
The monitoring plan involves PSOs
surveying and conducting hourly visual
counts beginning prior to sand sampling
activities (beginning at least 30 minutes
prior to sampling activities), monitoring
during sampling activities, and postsand sampling monitoring (continuing
for at least 30 minutes after sand
sampling activities have ended). During
each sample collection event, the PSO
will conduct continuous monitoring
from a vantage point along the seawall
(weather permitting) or along the bluff
above the beach, such that the full study
area is in view. During the planned sand
sampling activities, monitoring shall
assess behavior and potential behavioral
responses to noise and visual stimuli
due to the proposed activities. As noted
above, if northern fur seals or
Guadalupe fur seals are observed prior
to commencement of activities, the
activities will not occur and
coordination with the stranding network
will be initiated.
Counts will be performed by species
for three zones: pinnipeds hauled out on
the sandy beach area, pinnipeds
observed in the water within
approximately 30 meters of the beach,
and pinnipeds hauled out on the reef/
rocks just off the beach (including Seal
Rock). Total counts, counts of juveniles
(yearlings and pups), and counts of
males/females (when possible) will be
recorded. In addition to counts,
continuous behavioral monitoring will
be conducted for the duration of the
sampling event to document any
behavioral responses to visual (or other)
stimuli, as noted in Table 2 below.
When responses are observed, the type
of take (i.e., alert and flush, movement
of more than one meter, or change in
direction of movement) and the
assumed cause (whether related to
sample collection activities or not) will
be noted by species. Photographs and/
or video will be taken to document
these responses.
TABLE 2—SEAL RESPONSE TO DISTURBANCE
Type of
response
Definition
1
Alert ..................................
2
Movement .........................
Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position,
changing from a lying to a sitting position, or brief movement of less than twice the animal’s body length.
Alerts will be recorded, but not counted as a ‘take’.
Movements away from the source of disturbance, ranging from short withdrawals at least twice the animal’s body length to longer retreats over the beach including changing direction of travel, or movement
along the beach from a resting position. These movements will be recorded and counted as a ‘take’.
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Level
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35743
TABLE 2—SEAL RESPONSE TO DISTURBANCE—Continued
Type of
response
Level
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3
Definition
Flush .................................
All retreats (flushes) to the water. Flushing into the water will be recorded and counted as a ‘take’.
Additional parameters will be
recorded during the first and last count
of each sampling event including
Beaufort sea state; atmospheric
conditions; cloud cover; visibility
conditions; air and water temperature;
tide height; and number of public
visitors present by location at Children’s
Pool.
Field observations will be
documented on Field Monitoring
Forms, and all observations and
associated data, including daily
monitoring reports, will be maintained
on City of San Diego computers. A
report summarizing mitigation and
monitoring for the duration of the
Children’s Pool Beach sand quality
study will be prepared and submitted by
the City of San Diego to NMFS
following completion of sand sampling
activities for the 2016 sampling season.
The following marine mammal
monitoring and reporting shall be
performed for the proposed action:
(1) The PSO shall be selected prior to
sand sampling activities.
(2) The NMFS-approved PSO shall
attend the project site prior to, during,
and after sand sampling activities cease
each day that the sand sampling
activities occur.
(3) The PSO shall search for marine
mammals within the Children’s Pool
area.
(4) The PSO shall be present during
sand sampling activities to observe for
the presence of marine mammals in the
vicinity of the specified activity. All
such activity will occur during daylight
hours (i.e., 30 minutes after sunrise and
30 minutes before sunset). If inclement
weather limits visibility within the area
of effect, the PSO will perform visual
scans to the extent conditions allow.
(5) If marine mammals are sighted by
the PSO, the PSO shall record the
number of marine mammals and the
duration of their presence while the
sand sampling activity is occurring. The
PSO will also note whether the marine
mammals appeared to respond to the
noise/visual stimuli and, if so, the
nature of that response. The PSO shall
record the following information: date
and time of initial sighting, tidal stage,
weather conditions, Beaufort sea state,
species, behavior (activity, group
cohesiveness, direction and speed of
travel, etc.), number, group
composition, distance between
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sampling personnel and pinniped(s),
number of animals impacted, sampling
activities occurring at time of sighting
(walking, taking surface sample, or
pounding core sampler), and monitoring
and mitigation measures implemented
(or not implemented). The observations
will be reported to NMFS.
(6) To avoid takes of northern fur
seals and Guadalupe fur seals, if fur
seals are observed to be hauled out on
the beach, or in the water/rocks at the
Children’s Pool Beach prior to the
initiation of sand collection activities,
sand sampling activities will not
commence. PSOs will alert the
stranding network, as the occurrence of
these species would typically indicate a
sick/injured animal. Recommendations
of the stranding coordinator will be
followed, which may include a 24-hour
or 48-hour waiting and observation
period, and sand sampling will not
commence until the animal(s) either
vacate the area on its own, or is
collected by the stranding network
(7) A final report will be submitted
summarizing all effects from sand
sampling activities and marine mammal
monitoring during the time of the
authorization.
A written log of dates and times of
monitoring activity will be kept. The log
shall report the following information:
• Time of observer arrival on site;
• Time of the commencement of sand
sampling activities;
• Distances to all marine mammals
relative to the stimuli;
• For harbor seal, northern elephant
seal, and California sea lion
observations, notes on behavior during
sand sampling activity, as described
above, and on the number and
distribution observed in the project
vicinity;
• For observations of all marine
mammals other than harbor seals,
northern elephant seals, and California
sea lions, the time and duration of each
animal’s presence in the project
vicinity; the number of animals
observed; the behavior of each animal,
including any response to sand
sampling activities;
• Time of the cessation of sand
sampling activities; and
• Time of observer departure from
site.
All monitoring data collected during
sand sampling events will be included
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in the biological monitoring notes to be
submitted. A final report summarizing
the sand sampling monitoring and any
general trends observed will also be
submitted to NMFS within 90 days after
monitoring has ended during the period
of the sand quality study or 45 days
prior to the date by which any
subsequent IHA is requested by the City
of San Diego, whichever comes first.
Reporting
A draft final report must be submitted
to NMFS within 90 days after the
conclusion of the final sand sampling
activities of the Children’s Pool Beach.
The report will include a summary of
the information gathered pursuant to the
monitoring requirements set forth in the
IHA, including dates and times of
operations and all marine mammal
sightings (dates, times, locations,
species, behavioral observations
[activity, group cohesiveness, direction
and speed of travel, etc.], tidal stage,
weather conditions, Beaufort sea state
and wind force, associated sand
sampling activities). A final report must
be submitted within 30 days after
receiving comments from NMFS on the
draft final report. If no comments are
received from NMFS, the draft final
report would be considered to be the
final report.
While the IHA does not authorize
injury (i.e., Level A harassment), serious
injury, or mortality, should the
applicant, contractor, monitor or any
other individual associated with the
sand quality study observe an injured or
dead marine mammal, the incident
(regardless of cause) will immediately
be reported to NMFS stranding
coordinator. The report should include
species or description of animal,
condition of animal, location, time first
found, observed behaviors (if alive) and
photo or video, if available.
In the unanticipated event that the
City of San Diego discovers a live
stranded marine mammal (sick and/or
injured, or if any fur seals are observed)
at Children’s Pool, they shall
immediately contact Sea World’s
stranded animal hotline at 1–800–541–
7235. Sea World shall also be notified
if a dead stranded pinniped is found so
that a necropsy can be performed. In all
cases, NMFS stranding coordinator shall
be notified as well, but for immediate
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response purposes, Sea World shall be
contacted first.
Reporting Prohibited Take—In the
unanticipated event that the specified
activity clearly causes the take of a
marine mammal in a manner prohibited
by this IHA, such as an injury (Level A
harassment), serious injury, or
mortality, the City of San Diego shall
immediately cease the specified
activities and immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources, NMFS, and the
West Coast Regional Stranding
Coordinator. The report must include
the following information:
• Time, date, and location (latitude/
longitude) of the incident;
• The type of activity involved;
• Description of the circumstances
during and leading up to the incident;
• Water depth; environmental
conditions (e.g., wind speed and
direction, Beaufort sea state, cloud
cover, and visibility);
• Description of marine mammal
observations in the 24 hours preceding
the incident; species identification or
description of the animal(s) involved;
• The fate of the animal(s); and
photographs or video footage of the
animal (if equipment is available).
Activities shall not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS shall work with the City of San
Diego to determine the action necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. The City of San Diego may
not resume its activities until notified
by NMFS via letter, email, or telephone.
Reporting an Injured or Dead Marine
Mammal with an Unknown Cause of
Death—In the event that the City of San
Diego discovers an injured or dead
marine mammal, and the lead PSO
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
described in the next paragraph), the
City of San Diego will immediately
report the incident to the Chief of the
Permits and Conservation Division,
Office of Protected Resources, NMFS,
and the West Coast Regional Stranding
Coordinator. The report must include
the same information identified above.
Activities may continue while NMFS
reviews the circumstances of the
incident. NMFS will work with the City
of San Diego to determine whether
modification of the activities is
appropriate.
Reporting an Injured or Dead Marine
Mammal Not Related to the Activities—
In the event that the City of San Diego
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discovers an injured or dead marine
mammal, and the lead PSO determines
that the injury or death is not associated
with or related to the activities
authorized (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), the City of San Diego shall
report the incident to the Chief of the
Permits and Conservation Division,
Office of Protected Resources, NMFS,
and the West Coast Regional Stranding
Coordinator within 24 hours of the
discovery. The City of San Diego shall
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to NMFS and
the Marine Mammal Stranding Network.
Activities may continue while NMFS
reviews the circumstances of the
incident.
Monitoring Results From Previously
Authorized Activities
2013 to 2014
Hanan & Associates, Inc., on behalf of
the City of San Diego, conducted marine
mammal and in-air sound monitoring at
six locations during demolition and
construction activities at the Children’s
Pool Lifeguard Station in La Jolla,
California from June 3, 2013 to February
12, 2014. Demolition and construction
activities began on July 10, 2013 and
were halted for the Pacific harbor seal
pupping season (December 15, 2013 to
May 30, 2014). During 115 days of
visual and acoustic observations, Hanan
& Associates counted a total of 61,631
Pacific harbor seals and 26,037 people.
During the 2013 demolition and
construction activities, Hanan &
Associates observed a total of 5,793
takes by Level B harassment (i.e.,
movements, and flushes) that could be
attributed to demolition and
construction activities (1,371 takes), the
general public (3,536 takes), and other
sources (886 takes). As of April 15,
2014, at least 60 harbor seal pups
(including 2 still births) have been born
at the Children’s Pool and there has
been no indication of abandonment. In
addition to the Pacific harbor seal
sightings, PSOs recorded three sightings
of California sea lions (1 juvenile, 3
adult), and 2 northern elephant seals
(both juveniles) at the Children’s Pool.
2014 to 2015
Hanan & Associates, Inc., on behalf of
the City of San Diego, conducted marine
mammal monitoring at seven locations
during demolition and construction
activities at the Children’s Pool
Lifeguard Station in La Jolla, California
from August 6, 2014 to March 15, 2015.
Construction activities began on August
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6, 2014 and were halted for the Pacific
harbor seal pupping season (December
15, 2014 to May 30, 2015). During 127
days of visual and acoustic
observations, Hanan & Associates
counted a total of 63,598 Pacific harbor
seals and 27,844 people. During the
2014 demolition and construction
activities, Hanan & Associates observed
a total of 6,787 takes by Level B
harassment (i.e., movements, and
flushes) that could be attributed to
demolition and construction activities
(1,790 takes), the general public (3,914
takes), and other sources (1,083 takes).
As of March 13, 2015, at least 60 harbor
seal pups (including 6 still or premature
births) have been born at the Children’s
Pool and there has been no indication
of abandonment. In addition to the
Pacific harbor seal sightings, 366
sightings of California sea lions (93 at
Children’s Pool beach; others were at
Seal Rock, South Casa Beach, and on the
reef), and 1 northern elephant seal
(juvenile). One dead adult and one dead
juvenile California sea lion were sighted
on the Children’s Pool beach after the
start of the beach closure and after the
construction activities stopped for the
pupping season. These strandings were
reported to NMFS.
More information on the monitoring
results from the City of San Diego’s
previous demolition and construction
activities at the La Jolla Children’s Pool
Lifeguard Station can be found in the
final monitoring reports. The 2013 to
2014 and 2014 to 2015 monitoring
reports can be found online at: https://
www.nmfs.noaa.gov/pr/permits/
incidental/
construction.htm#childrenspool.
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].
The City of San Diego and NMFS
anticipate takes of Pacific harbor seals,
California sea lions, and northern
elephant seals by Level B (behavioral)
harassment only incidental to visual
disturbance associated with the sand
quality study sand sampling activities at
the Children’s Pool Beach. No takes by
injury (Level A harassment), serious
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injury, or mortality are expected. NMFS
will consider pinnipeds behaviorally
reacting to the sand sampling activities
by flushing into the water, moving more
than twice the animal’s body length but
not into the water; becoming alert and
moving more than twice its body length;
and changing direction of current
movements by individuals as behavioral
criteria for take by Level B harassment.
With planned sand sampling
activities scheduled to begin in June
2016, the City of San Diego expects a
range of harbor seals to be present daily
during June with a maximum of up to
190 individuals and a seasonal decline
through November to about 0 to 50
harbor seals present daily. As not all of
the sampling activities have been
planned, and there is uncertainty
regarding the timing and number of all
activities, we have assumed the
maximum number of authorized
sampling activities (16) occurring
during the maximum haul out month
(June) in order to estimate take numbers.
If all of the estimated harbor seals
present are taken by incidental
harassment each day, there could be a
maximum of 3,040 incidences of take
over the entire duration of the activities.
An unknown portion of the incidental
takes will be from repeated exposures as
harbor seals leave and return to the
Children’s Pool area.
Very few California sea lions or
northern elephant seals are ever
observed at the Children’s Pool Beach.
As noted above, Children’s Pool is
almost exclusively a harbor seal haulout site and on rare occasions, one or
two California sea lions or a single
juvenile elephant seal have been
observed on the sand or rocks at, or
near, Children’s Pool. However, as
noted above, an UME has been in place
since 2013 for California sea lions.
According to the NMFS West Coast
Region, California sea lion strandings in
January–May of 2015 were over 10 times
the average stranding level for the same
five-month period during 2004–2012.
The City of San Diego has requested
take for these species due to their
potential occurrence at this location and
past monitoring experience at this
location. As the previous IHA
authorized take of two individual sea
35745
lions incidental to construction
activities at Children’s Pool, and
numbers of sea lion sightings have been
over 10 times the average, we estimate
that up to 20 individuals may be
incidentally taken by Level B
harassment equating to 320 exposures
(conservatively assuming 20 × 16
sampling events). As only one or two
northern elephant seals are known to
occur rarely at Children’s Pool Beach, it
was conservatively estimated that 16
individuals would be exposed to Level
B harassment for a total of 16 takes
(assuming one present for each of the 16
sampling events). Therefore, NMFS
authorizes the following numbers of
incidental takes (i.e., Level B
harassment): 3,040 Pacific harbor seals
(600 individuals), 320 California sea
lions (20 individuals), and 16 northern
elephant seals (16 individuals). More
information on the number of takes
authorized, and the approximate
percentage of the stock for the three
species in the proposed action area can
be found in Table 3 (below).
TABLE 3—SUMMARY OF THE AUTHORIZED INCIDENTAL TAKE BY LEVEL B HARASSMENT OF PINNIPEDS FOR THE CITY OF
SAN DIEGO’S PROPOSED SAND QUALITY STUDY ACTIVITIES GENERATING VISUAL AND AUDITORY STIMULI AT THE
CHILDREN’S POOL BEACH IN LA JOLLA, CA
Species
Take
authorization
(Number of
exposures)
Estimated
number of
individuals
taken
Approximate
percentage of
estimated stock
(Takes
authorized/
population)
Abundance
Pacific harbor seal ......
3,040
600
30,968—California stock .............
10
California sea lion .......
Northern elephant seal
320
16
20
16
296,750—U.S. stock ...................
179,000—California
breeding
stock.
0.1
<0.01
Analysis and Determinations
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Negligible Impact
Negligible impact is ‘‘an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival’’
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of Level B harassment takes, alone, is
not enough information on which to
base an impact determination. In
addition to considering estimates of the
number of marine mammals that might
be ‘‘taken’’ through behavioral
harassment, NMFS must consider other
factors, such as the likely nature of any
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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, and effects on
habitat.
In making a negligible impact
determination, NMFS evaluated factors
such as:
(1) The number of anticipated
injuries, serious injuries, or mortalities;
(2) The number, nature, and intensity,
and duration of Level B harassment; and
(3) The context in which the takes
occur (i.e., impacts to areas of
significance, impacts to local
populations, and cumulative impacts
when taking into account successive/
contemporaneous actions when added
to baseline data);
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Population trend
Increased in California 1981 to
2004.
Increasing.
Increasing 3.8% annually since
1988.
(4) The status of the stock or species
of marine mammals (i.e., depleted, not
depleted, decreasing, increasing, stable,
impact relative to the size of the
population);
(5) Impacts on habitat affecting rates
of recruitment/survival; and
(6) The effectiveness of monitoring
and mitigation measures.
Behavioral disturbance may
potentially occur incidental to the
visual presence of humans and sand
sampling activities; however, pinnipeds
at this site have likely adapted or
become acclimated to human presence
to some degree at this site. The City of
San Diego has designated Children’s
Pool Beach as a shared use beach. Many
activities currently take place at
Children’s Pool Beach and the
surrounding shoreline areas including
swimming, SCUBA diving, surfing,
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kayaking, tide pooling, and nature
watching. These ‘‘urbanized’’ harbor
seals do not exhibit sensitivity at a level
similar to that noted in harbor seals in
some other regions affected by human
disturbance (Allen et al., 1984; Suryan
and Harvey, 1999; Henry and Hammil,
2001; Johnson and Acevedo-Gutierrez,
2007; Jansen et al., 2006; Hanan &
Associates, 2011). For example, during
monitoring for construction for the
Children’s Pool Lifeguard Station,
equipment noise and visual cues at
times have caused seals to alert/flush,
while at other times the same stimuli
have produced no reaction (City of San
Diego, 2015). Per the City of San Diego
(2015), ‘‘[a]t the individual level, a
newly arrived seal (which swam in from
another area) may not have habituated
to humans and noise as have seals that
have been onsite for a while. These
recent arrivals may alert to visual
stimuli, perhaps flushing to the water.
But after a few days using this beach
during the non-pupping season (when
humans are also present on the beach),
we would expect them to habituate and
generally not react to humans unless
very close to them (Hanan 2004, Hanan
& Associates 2011, Hanan and Hanan
2014).’’ Therefore, there is a high
likelihood that many of the harbor seals
present during the planned sand
sampling activities would not be
flushed off of the beach or rocks, as
pinnipeds at this site are conditioned to
human presence to some degree (Hanan,
2004; Hanan & Associates, 2011) (see
https://www.youtube.com/
watch?v=4IRUYVTULsg), and it is
anticipated that takes would likely be of
lesser intensity than would be expected
at other locations.
No injuries (Level A harassment),
serious injuries, or mortalities are
anticipated to occur as a result of the
City of San Diego’s sand sampling
activities, and none are proposed for
authorization by NMFS. The planned
activities are not expected to result in
the alteration of reproductive behaviors
or parenting because of the moratorium
on access to the beach during the
pupping season, and the potentially
affected species would be subjected to
only temporary and minor behavioral
impacts.
As discussed in detail above, the
project scheduling avoids sensitive life
stages for Pacific harbor seals. Project
activities will commence June 1 and end
by December 15. The commencement
date occurs after the end of the pupping
season, affords additional time to
accommodate lactation and weaning of
late-season pups, and takes into account
periods of lowest haul-out occurrence.
The end date falls approximately two
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weeks prior to January 1, the time after
which most births occur, providing
protection for pregnant and nursing
harbor seals that may give birth before
January 1.
Table 3 of this document outlines the
number of Level B harassment takes that
are anticipated as a result of these
proposed activities. Due to the nature,
degree, and context of Level B
(behavioral) harassment anticipated and
described (see ‘‘Potential Effects on
Marine Mammals’’ section above) in this
notice, this activity is not expected to
impact rates of annual recruitment or
survival for the affected species or stock
(i.e., California stock of Pacific harbor
seals, U.S. stock of California sea lions,
and California breeding stock of
northern elephant seals), particularly
given the mitigation, monitoring, and
reporting measures that will be
implemented to minimize impacts to
marine mammals.
The Children’s Pool is one of the three
known haul-out sites for Pacific harbor
seal in San Diego County and the only
rookery in San Diego County and the
only mainland rookery on the U.S. west
coast for this species between the border
of Mexico and Point Mugu in Ventura
County, CA. For the other marine
mammal species that may occur within
the action area (i.e., California sea lions
and northern elephant seals), there are
no known designated or important
feeding and/or reproductive areas at the
project site. Many animals perform vital
functions, such as feeding, resting,
traveling, and socializing, on a diel
cycle (i.e., 24 hour cycle). Behavioral
reactions (such as disruption of critical
life functions, displacement, or
avoidance of important habitat) are
more likely to be significant if they last
more than one diel cycle or recur on
subsequent days (Southall et al., 2007).
However, Pacific harbor seals have been
hauling-out at Children’s Pool during
the year for many years (including
during pupping season and while
females are pregnant) while being
exposed to anthropogenic sound sources
such as vehicle traffic, human voices,
etc. and other stimuli from human
presence. The Pacific harbor seals have
repeatedly hauled-out to pup over many
years and the NMFS Stock Assessment
Reports for this stock have shown that
the population is increasing and is
considered stable (NMFS, 2014).
Additionally, the proposed sand
sampling activities would generally not
take place on subsequent days for long
durations, as a maximum of up to 16
sampling events (lasting approximately
4 hours each) are planned for the sand
quality study, which would take place
over the six-months of the study.
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None of the potentially affected
marine mammal species under NMFS
jurisdiction in the action area (Pacific
harbor seals, California sea lions, and
northern elephant seals) are listed as
threatened or endangered under the
ESA. To protect these animals (and
other marine mammals in the action
area), the City of San Diego shall
schedule sand sampling activities
during the daily period of lowest haulout occurrence; limit activities to the
hours of daylight; ensuring that
technicians performing sand sampling
remain at least three meters from any
hauled out pinnipeds; use PSOs,
prohibit sand sampling activities in the
unlikely event that fur seals are present,
and prohibit sand sampling activities
during harbor seal pupping season.
Although behavioral modifications,
including temporarily vacating the area
during the proposed sand sampling
activities, may be made by these
species, the sand quality sampling
activities will be fairly sporadic and will
be of relatively short duration. NMFS
believes that the time period of the sand
sampling activities, the requirement to
implement mitigation measures (e.g.,
prohibiting sand sampling activities
during pupping season, scheduling
operations to periods of the lowest haulout occurrence, and ensuring a buffer of
at least three meters between sampling
technicians and hauled out pinnipeds),
and the inclusion of the monitoring and
reporting measures, will reduce the
amount and severity of the potential
impacts from the activity.
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
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from the City of San
Diego’s activities would have a
negligible impact on the affected marine
mammal species or stocks.
Small Numbers
As mentioned previously, NMFS
estimates that three species of marine
mammals under its jurisdiction could be
potentially affected by Level B
harassment over the course of the IHA.
It is conservatively estimated that the
instances of take by Level B harassment
(amounting to 3,040 for Pacific harbor
seals, 320 for California sea lions, and
16 for northern elephant seals) would be
approximately 10%, 0.1%, and less than
0.01% of the respective California, U.S.,
and California breeding stocks. The
population estimates for the marine
mammal species that may be taken by
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Level B harassment were provided in
Table 3 of this document.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
mitigation and monitoring measures,
NMFS determined that small numbers
of marine mammals will be taken
relative to the populations of the
affected species or stocks. See Table 3
for the authorized take numbers of
marine mammals.
with the Council of Environmental
Quality (CEQ) regulations and NOAA
Administrative Order (NAO) 216–6.
NMFS prepared and signed a Finding of
No Significant Impact (FONSI)
determining that preparation of an
Environmental Impact Statement (EIS)
was not required. The FONSI was
signed on May 26, 2016 prior to the
issuance of the IHA for the City of San
Diego’s sand quality study activities
from June 2016 to June 2017. A copy of
the EA and FONSI is available upon
request (see ADDRESSES).
Impact on Availability of Affected
Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) of the MMPA
requires NMFS to determine that the
authorization will not have an
unmitigable adverse effect on the
availability of marine mammal species
or stocks for subsistence use. There are
not 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 subsistence
purposes.
Authorization
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Endangered Species Act
NMFS (Permits and Conservation
Division) has determined that an ESA
section 7 consultation for the issuance
of an IHA under section 101(a)(5)(D) of
the MMPA for this activity is not
necessary for the Guadalupe fur seal.
This species is rare at Children’s Pool
Beach. Due to the fact that sightings
have occurred in the area, and due to
the declaration of a UME for this species
in the area, ESA consultation was
considered. However, it was determined
that the sand sampling activities would
have no potential to affect the
Guadalupe fur seal because these
activities would not occur if this species
were present at Children’s Pool Beach.
No other ESA-listed species are
expected to occur in the proposed
project area.
National Environmental Policy Act
To meet NMFS’s National
Environmental Policy Act (NEPA; 42
U.S.C. 4321 et seq.) requirements for the
issuance of an IHA to the City of San
Diego, NMFS prepared an
Environmental Assessment (EA) titled
Draft Environmental Assessment of the
Issuance of an Incidental Harassment
Authorization to the City of San Diego
to Take Marine Mammals by
Harassment Incidental to Sand Quality
Study Activities at the Children’s Pool
Beach in La Jolla, California to comply
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NMFS has issued an IHA to the City
of San Diego for conducting sand
quality study activities at the Children’s
Pool Beach in La Jolla, CA, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: May 27, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2016–13171 Filed 6–2–16; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Interagency Working Group on the
Harmful Algal Bloom and Hypoxia
Research and Control Amendments
Act
National Ocean Service,
National Oceanic and Atmospheric
Administration, U.S. Department of
Commerce.
AGENCY:
Notices; publication of report
and plan summary.
ACTION:
The National Ocean Service
(NOS) of the National Oceanic and
Atmospheric Administration (NOAA)
publishes this notice to announce the
publication of a detailed outline
summarizing the intent of the Great
Lakes Plan on Harmful Algal Blooms
(HABs) and Hypoxia.
Notice is also hereby given of the
publication of ‘‘HABs and Hypoxia
Comprehensive Research Plan and
Action Strategy: An Interagency
Report.’’
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Caitlin Gould (Caitlin.gould@noaa.gov,
240–533–0290) or Stacey DeGrasse
(Stacey.Degrasse@fda.hhs.gov, 240–
402–1470)
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
35747
I. Background
HABS and hypoxia can have
detrimental impacts to human and
animal health, local and regional
economies, and long-term national
security. In response, the Harmful Algal
Bloom and Hypoxia Research and
Control Amendments Act of 2014
(HABHRCA) establishes a national
program and Federal interagency task
force to advance the understanding of
HABs and hypoxia events, and to
respond to, detect, predict, control, and
mitigate these events to the greatest
extent practicable.
Section 8 of the HABHRCA requires
NOAA, as the lead federal agency of the
task force and Interagency Working
Group on HABHRCA (IWG–HABHRCA),
to develop and submit to Congress a
plan for reducing, mitigating, and
controlling HABs and hypoxia in the
Great Lakes, and publish a summary of
the plan in the Federal Register prior to
submission. The plan builds upon the
Great Lakes HABs and Hypoxia
Integrated Assessment contained in
‘‘HABs and Hypoxia Comprehensive
Research Plan and Action Strategy: An
Interagency Report’’, referenced herein,
and builds upon the work of the
International Joint Commission (e.g.,
reports entitled A Balanced Diet for
Lake Erie: Reducing Phosphorous
Loadings and Harmful Algal Blooms
and Human Health Effects from
Harmful Algal Blooms: a Synthesis) and
the Great Lakes Water Quality
Agreement (e.g. Annex Four). The Plan
also addresses key aspects of Federal
Activities to better understand and
address HABs and hypoxia in the Great
Lakes. Those efforts include establishing
HAB and hypoxia forecast products
through comprehensive monitoring
integrated with satellite coverage and
modeling of coastal, and freshwater
zones; and developing and deploying
lower cost, easy to use, and real-time
sensors for early detection of hypoxia
and HAB cells and toxins. The Plan
further reflects significant engagement
between IWG–HABHRCA agencies and
a wide variety of stakeholders.
Stakeholder engagement provides the
IWG with information and perspective
that enhances Federal data collection
efforts.
II. Summary of the Great Lakes Plan on
Harmful Blooms and Hypoxia
The IWG–HABHRCA is producing the
Great Lakes Plan on Harmful Algal
Blooms and Hypoxia: An Interagency
Report (hereafter: The ‘‘Plan’’), which
will assess the current state of the
science on causes and impacts of
harmful algal blooms (HABs) and
E:\FR\FM\03JNN1.SGM
03JNN1
]]>Agencies
[Federal Register Volume 81, Number 107 (Friday, June 3, 2016)]
[Notices]
[Pages 35739-35747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13171]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE460
Takes of Marine Mammals Incidental to Specified Activities; Sand
Quality Study Activities at the Children's Pool Beach, La Jolla,
California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an Incidental Harassment Authorization
(IHA).
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as
amended, notification is hereby given that NMFS has issued an IHA to
the City of San Diego to take small numbers of marine mammals, by Level
B harassment, incidental to the conduct of sand quality study
activities at the Children's Pool Beach in La Jolla, California.
DATES: Effective June 1, 2016 through May 30, 2017.
FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected
Resources, NMFS, 301-427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.),
direct the Secretary of Commerce (Secretary) to allow, upon request,
the incidental, but not intentional, taking of small numbers of marine
mammals, by United States citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
Authorization for the incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring, and reporting of such takings
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103
as ``. . . an impact resulting from the specified activity that cannot
be reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for
NMFS's review of an application followed by a 30-day public notice and
comment period on any proposed authorizations for the incidental
harassment of small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: Any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild [Level A harassment]; or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering [Level B harassment].
Summary of Request
On December 14, 2015, NMFS received an application from the City of
San Diego, Transportation & Storm Water Department, Storm Water
Division, requesting an IHA for the taking of marine mammals incidental
to the conduct of sand quality study activities. NMFS determined that
the IHA application was adequate and complete on February 25, 2016.
NMFS published a notice making preliminary determinations and proposing
to issue an IHA on April 4, 2016 (81 FR 19137). The notice initiated a
30 day comment period.
The City of San Diego will undertake the proposed sand quality
sampling activities between June 1, 2016 and December 14, 2016 at the
Children's Pool Beach in La Jolla, California. Visual stimuli due to
the presence of technicians on the beach and their sand sampling
collection activities during the study have the potential to result in
the take of marine mammals through behavioral disturbance. The IHA
authorizes the take, by Level B
[[Page 35740]]
(behavioral) harassment, of small numbers of Pacific harbor seals
(Phoca vitulina richardii), California sea lions (Zalophus
californianus), and northern elephant seals (Mirounga angustirostris)
incidental to sand quality sampling activities of the Children's Pool
Beach at La Jolla, CA. Additional information on the sand quality
sampling activities at the Children's Pool Beach is contained in the
IHA application, which is available at the NMFS Web site: https://www.nmfs.noaa.gov/pr/permits/incidental.
Description of the Specified Activity
A detailed description of the sand sampling project is provided in
the Federal Register notice for the proposed IHA (81 FR 19137, April 4,
2016). Since that time, no changes have been made to the planned
activities. Therefore, a detailed description is not provided here.
Please refer to that Federal Register notice for the description of the
specific activity.
Comments and Responses
A notice of preliminary determinations and proposed IHA for the
City of San Diego's sand quality study activities was published in the
Federal Register on April 4, 2016 (81 FR 19137). During the 30-day
public comment period, NMFS received comments from the Marine Mammal
Commission (Commission). The comments are posted online at: https://www.nmfs.noaa.gov/pr/permits/incidental/construction.html. Following
are the substantive comments and NMFS's responses:
Comment 1: The Commission concurs with NMFS's preliminary findings
and recommends that NMFS issue the requested IHA, subject to inclusion
of the proposed mitigation, monitoring, and reporting measures.
Response: NMFS concurs with the Commission's recommendation and has
issued the IHA to the City of San Diego.
Description of Marine Mammals in the Specified Geographic Area of the
Proposed Specified Activity
Information on marine mammal species for which take is authorized
is included below. Further information on the biology and local
distribution of these marine mammal species and others in the region
can be found in the NMFS Marine Mammal Stock Assessment Reports, which
are available online at: https://www.nmfs.noaa.gov/pr/sars/.
Three species of pinnipeds are known to occur in the Children's
Pool proposed action area and off the Pacific coastline (see Table 1
below). Pacific harbor seals are the most common species likely to be
found within the immediate vicinity of the activity area. California
sea lions and northern elephant seals may also be found within the
immediate vicinity of the activity area, but are more rare occurrences
than harbor seals. Northern fur seals and Guadalupe fur seals are even
more rarely observed at this location (Northern and Guadalupe fur seals
have been seen observed at nearby beaches on rare occasions, and a
northern fur seal was observed hauled out at La Jolla Cove, which is
less than a mile from Children's Pool, per a personal communication
with Dr. Hanan [February 4, 2016], a scientist with extensive knowledge
of the area and the species occurring there). Fur seals are not known
to haul out in such urban mainland beaches, and their presence would
likely be attributed to sickness or injury if they were observed in
this location. Therefore, only three species are considered to be
potentially exposed to effects of the proposed sand sampling
activities, as sand sampling activities will not be conducted if fur
seals were present and coordination with the stranding network would
commence. A variety of other marine mammal species have on occasion
been reported in the coastal waters off southern California. However,
none of these species have been reported to occur in the immediate
proposed action area of the Children's Pool Beach.
Therefore, NMFS does not expect, and does not propose to authorize,
incidental take of marine mammal species other than Pacific harbor
seals, California sea lions, and northern elephant seals from the
proposed specified activities. Table 1 below provides information on
these marine mammal species, their habitat, and conservation status in
the nearshore area of the general region of the proposed project area.
Table 1--The Habitat, Abundance, and Conservation Status of Pacific Harbor Seals, California Sea Lions, and Northern Elephant Seals
--------------------------------------------------------------------------------------------------------------------------------------------------------
Best population
Species Habitat Occurrence Range estimate (minimum) ESA \2\ MMPA \3\
\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific harbor seal (Phoca Coastal............. Common.............. Coastal temperate to 30,968 (27,348)-- NL........... NC
vitulina richardii). polar regions in California stock.
Northern Hemisphere.
Northern elephant seal (Mirounga Coastal, pelagic Common.............. Eastern and Central 179,000 (81,368)-- NL........... NC
angustirostris). when not migrating. North Pacific-- California breeding
Alaska to Mexico. stock.
California sea lion (Zalophus Coastal, shelf...... Common.............. Eastern North 296,750 (153,337)-- NL........... NC
californianus). Pacific Ocean-- U.S. stock.
Alaska to Mexico.
--------------------------------------------------------------------------------------------------------------------------------------------------------
NA = Not available or not assessed.
\1\ NMFS Marine Mammal Stock Assessment Reports.
\2\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, and NL = Not listed.
\3\ U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, and NC = Not classified.
A detailed description of the of the species likely to be affected
by the sand sampling project, including introductions to the species
and relevant stocks as well as available information regarding
population trends and threats, and information regarding local
occurrence, were provided in the Federal Register notice for the
proposed IHA (81 FR 19137; April 4, 2016); since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for
generalized species accounts.
[[Page 35741]]
Potential Effects of the Specified Activity on Marine Mammals
The effects of visual stimuli from the planned project have the
potential to result in behavioral harassment of marine mammals in the
project area. The Federal Register notice for the proposed IHA (81 FR
19137; April 4, 2016) included a discussion of the effects of visual
stimuli on marine mammals, therefore that information is not repeated
here; please refer to the Federal Register notice (81 FR 19137; April
4, 2016) for that information. No instances of hearing injury, serious
injury, or mortality are expected as a result of the sand sampling
activities.
Anticipated Effects on Marine Mammal Habitat
The primary anticipated adverse impact from the planned project
upon habitat consists of the removal of sand from the beach. This
change is minor, temporary, and limited in duration to the period of
the sand sampling activities. Although sand will be collected from the
beach, the total volume removed over the course of the study is
estimated to be less than one cubic foot. Therefore, we do not
anticipate impacts to marine mammal habitat. The Federal Register
notice for the proposed IHA (81 FR 19137; April 4, 2016) included a
discussion of the effects of the sand sampling activities on marine
mammal habitat, therefore that information is not repeated here; please
refer to the Federal Register notice (81 FR 19137; April 4, 2016) for
that information.
Mitigation Measures
In order to issue an Incidental Take Authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must prescribe, where
applicable, the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable impact on
such species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of such species or stock for taking for certain
subsistence uses (where relevant).
The planned activities include a variety of measures to minimize
potential impacts on marine mammals, including:
Prohibition of Sand Sampling During Pupping Season
Sand sampling activities shall be prohibited during the Pacific
harbor seal pupping season (December 15th to May 15th), and for an
additional two weeks thereafter to accommodate lactation and weaning of
late season pups. Thus, sand quality study activities shall be
prohibited until June 1, 2016 and will be required to end before
December 15, 2016.
Limiting Activity to Daylight Hours
Sand sampling activities shall be conducted during daylight hours
only. As Protected Species Observers (PSOs) will be required to monitor
the sand sampling activities (see discussion below), conducting the
sampling events during daylight hours with adequate visibility will
allow observers to adequately observe and record activities.
Daily Sand Sampling Timing
Sand sampling activities shall be scheduled, to the maximum extent
practicable, during the daily period of lowest haul-out occurrence,
from approximately 8:30 a.m. to 3:30 p.m., as harbor seals typically
have the highest daily or hourly haul-out period during the afternoon
from 3 p.m. to 6 p.m. However, sand sampling activities may be extended
from 7 a.m. to 7 p.m. to help assure that the project can be completed
at a time with low numbers of seals hauled out.
Avoidance/Minimization of Interaction With Pinnipeds
As stated in the FR notice for the proposed IHA (81 FR 19137; April
4, 2016), per Dr. Doyle Hanan, ongoing observations of harbor seals at
Children's Pool have indicated a habituation to the presence of people
to some degree and therefore, generally show signs of disturbance when
people are very close to them on the beach (generally less than two to
three meters). Sand sampling activities will be conducted such that
humans remain at least three meters from hauled out pinnipeds at all
times. While the study calls for taking samples along transects, there
is enough flexibility to allow for variation from the transect line to
collect samples and still allow for minimizing approach to pinnipeds on
the beach. Therefore, hauled out pinnipeds will be minimized or
avoided, and efforts will be made to avoid disturbing/alerting/flushing
them.
Protected Species Observers
Trained PSOs will be used to detect, document, and minimize impacts
to marine mammals. More information about this measure is contained in
the ``Proposed Monitoring'' section (below).
Mitigation Conclusions
NMFS has carefully evaluated the applicant's mitigation measures
and considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
impact on the affected marine mammal species and stocks and their
habitat. NMFS's 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, including consideration of personnel safety,
practicality of implementation, and impact on the effectiveness of the
activity.
Any mitigation measure(s) prescribed by NMFS should be able to
accomplish, have a reasonable likelihood of accomplishing (based on
current science), or contribute to the accomplishment of one or more of
the general goals listed below:
(1) Avoidance or minimization of injury or death of marine mammals
wherever possible (goals 2, 3, and 4 may contribute to this goal).
(2) A reduction in the numbers of marine mammals (total number or
number at biologically important time or location) exposed to visual or
auditory stimuli associated with the proposed sand quality study, or
other activities expected to result in the take of marine mammals (this
goal may contribute to 1, above, or to reducing harassment takes only).
(3) A reduction in the number of times (total number or number at
biologically important time or location) individuals would be exposed
to visual or auditory stimuli associated with the proposed sand quality
study, or other activities expected to result in the take of marine
mammals (this goal may contribute to 1, above, or to reducing
harassment takes only).
(4) A reduction in the intensity of exposures (either total number
or number at biologically important time or location) to visual or
auditory stimuli associated with the proposed sand quality study, or
other activities expected 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 of 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
[[Page 35742]]
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 NMFS's evaluation of the applicant's planned measures, as
well as other measures considered by NMFS, 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 and Reporting
In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must, where applicable, set forth
``requirements pertaining to the monitoring and reporting of such
taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13)
require that requests for ITAs include the suggested means of
accomplishing the necessary monitoring and reporting that will result
in increased knowledge of the species and of the level of taking or
impacts on populations of marine mammals that are expected to be
present in the 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,
both within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
(2) An increase in our understanding of how many marine mammals are
likely to be exposed to visual or auditory stimuli associated with the
proposed sand quality study that we associate with specific adverse
effects, such as behavioral harassment;
(3) An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
Behavioral observations in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict distance from source, and other pertinent
information);
Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict distance from the source, and other pertinent
information);
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;
(5) An increase in our understanding of the effectiveness of
certain mitigation and monitoring measures; and
(6) An increase in our level of knowledge regarding the overall
health of the monitored species, particularly in light of recent local
UMEs and observations of malnutrition increases in the area.
Monitoring
The City of San Diego has developed a monitoring plan based on
discussions between the City of San Diego and NMFS, as well as review
of past IHAs granted to the City of San Diego. The plan was included as
an Appendix to our Environmental Assessment (EA) for issuance of the
IHA for the sand quality study activities (see National Environmental
Policy Act section below). No changes to the monitoring plan were made
based on comments received during the public review period. The
monitoring plan has also been included as an attachment to the IHA
issued to the City of San Diego. The City of San Diego will ensure that
the requirements of the IHA and monitoring plan are explained to all
workers associated with sand quality study activities at Children's
Pool Beach, and a copy of the IHA will be posted at a prominent
location at the site of the activities.
The monitoring plan involves PSOs surveying and conducting hourly
visual counts beginning prior to sand sampling activities (beginning at
least 30 minutes prior to sampling activities), monitoring during
sampling activities, and post-sand sampling monitoring (continuing for
at least 30 minutes after sand sampling activities have ended). During
each sample collection event, the PSO will conduct continuous
monitoring from a vantage point along the seawall (weather permitting)
or along the bluff above the beach, such that the full study area is in
view. During the planned sand sampling activities, monitoring shall
assess behavior and potential behavioral responses to noise and visual
stimuli due to the proposed activities. As noted above, if northern fur
seals or Guadalupe fur seals are observed prior to commencement of
activities, the activities will not occur and coordination with the
stranding network will be initiated.
Counts will be performed by species for three zones: pinnipeds
hauled out on the sandy beach area, pinnipeds observed in the water
within approximately 30 meters of the beach, and pinnipeds hauled out
on the reef/rocks just off the beach (including Seal Rock). Total
counts, counts of juveniles (yearlings and pups), and counts of males/
females (when possible) will be recorded. In addition to counts,
continuous behavioral monitoring will be conducted for the duration of
the sampling event to document any behavioral responses to visual (or
other) stimuli, as noted in Table 2 below. When responses are observed,
the type of take (i.e., alert and flush, movement of more than one
meter, or change in direction of movement) and the assumed cause
(whether related to sample collection activities or not) will be noted
by species. Photographs and/or video will be taken to document these
responses.
Table 2--Seal Response to Disturbance
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
1 Alert............ Seal head orientation or brief movement in
response to disturbance, which may
include turning head towards the
disturbance, craning head and neck while
holding the body rigid in a u-shaped
position, changing from a lying to a
sitting position, or brief movement of
less than twice the animal's body length.
Alerts will be recorded, but not counted
as a `take'.
2 Movement......... Movements away from the source of
disturbance, ranging from short
withdrawals at least twice the animal's
body length to longer retreats over the
beach including changing direction of
travel, or movement along the beach from
a resting position. These movements will
be recorded and counted as a `take'.
[[Page 35743]]
3 Flush............ All retreats (flushes) to the water.
Flushing into the water will be recorded
and counted as a `take'.
------------------------------------------------------------------------
Additional parameters will be recorded during the first and last
count of each sampling event including Beaufort sea state; atmospheric
conditions; cloud cover; visibility conditions; air and water
temperature; tide height; and number of public visitors present by
location at Children's Pool.
Field observations will be documented on Field Monitoring Forms,
and all observations and associated data, including daily monitoring
reports, will be maintained on City of San Diego computers. A report
summarizing mitigation and monitoring for the duration of the
Children's Pool Beach sand quality study will be prepared and submitted
by the City of San Diego to NMFS following completion of sand sampling
activities for the 2016 sampling season.
The following marine mammal monitoring and reporting shall be
performed for the proposed action:
(1) The PSO shall be selected prior to sand sampling activities.
(2) The NMFS-approved PSO shall attend the project site prior to,
during, and after sand sampling activities cease each day that the sand
sampling activities occur.
(3) The PSO shall search for marine mammals within the Children's
Pool area.
(4) The PSO shall be present during sand sampling activities to
observe for the presence of marine mammals in the vicinity of the
specified activity. All such activity will occur during daylight hours
(i.e., 30 minutes after sunrise and 30 minutes before sunset). If
inclement weather limits visibility within the area of effect, the PSO
will perform visual scans to the extent conditions allow.
(5) If marine mammals are sighted by the PSO, the PSO shall record
the number of marine mammals and the duration of their presence while
the sand sampling activity is occurring. The PSO will also note whether
the marine mammals appeared to respond to the noise/visual stimuli and,
if so, the nature of that response. The PSO shall record the following
information: date and time of initial sighting, tidal stage, weather
conditions, Beaufort sea state, species, behavior (activity, group
cohesiveness, direction and speed of travel, etc.), number, group
composition, distance between sampling personnel and pinniped(s),
number of animals impacted, sampling activities occurring at time of
sighting (walking, taking surface sample, or pounding core sampler),
and monitoring and mitigation measures implemented (or not
implemented). The observations will be reported to NMFS.
(6) To avoid takes of northern fur seals and Guadalupe fur seals,
if fur seals are observed to be hauled out on the beach, or in the
water/rocks at the Children's Pool Beach prior to the initiation of
sand collection activities, sand sampling activities will not commence.
PSOs will alert the stranding network, as the occurrence of these
species would typically indicate a sick/injured animal. Recommendations
of the stranding coordinator will be followed, which may include a 24-
hour or 48-hour waiting and observation period, and sand sampling will
not commence until the animal(s) either vacate the area on its own, or
is collected by the stranding network
(7) A final report will be submitted summarizing all effects from
sand sampling activities and marine mammal monitoring during the time
of the authorization.
A written log of dates and times of monitoring activity will be
kept. The log shall report the following information:
Time of observer arrival on site;
Time of the commencement of sand sampling activities;
Distances to all marine mammals relative to the stimuli;
For harbor seal, northern elephant seal, and California
sea lion observations, notes on behavior during sand sampling activity,
as described above, and on the number and distribution observed in the
project vicinity;
For observations of all marine mammals other than harbor
seals, northern elephant seals, and California sea lions, the time and
duration of each animal's presence in the project vicinity; the number
of animals observed; the behavior of each animal, including any
response to sand sampling activities;
Time of the cessation of sand sampling activities; and
Time of observer departure from site.
All monitoring data collected during sand sampling events will be
included in the biological monitoring notes to be submitted. A final
report summarizing the sand sampling monitoring and any general trends
observed will also be submitted to NMFS within 90 days after monitoring
has ended during the period of the sand quality study or 45 days prior
to the date by which any subsequent IHA is requested by the City of San
Diego, whichever comes first.
Reporting
A draft final report must be submitted to NMFS within 90 days after
the conclusion of the final sand sampling activities of the Children's
Pool Beach. The report will include a summary of the information
gathered pursuant to the monitoring requirements set forth in the IHA,
including dates and times of operations and all marine mammal sightings
(dates, times, locations, species, behavioral observations [activity,
group cohesiveness, direction and speed of travel, etc.], tidal stage,
weather conditions, Beaufort sea state and wind force, associated sand
sampling activities). A final report must be submitted within 30 days
after receiving comments from NMFS on the draft final report. If no
comments are received from NMFS, the draft final report would be
considered to be the final report.
While the IHA does not authorize injury (i.e., Level A harassment),
serious injury, or mortality, should the applicant, contractor, monitor
or any other individual associated with the sand quality study observe
an injured or dead marine mammal, the incident (regardless of cause)
will immediately be reported to NMFS stranding coordinator. The report
should include species or description of animal, condition of animal,
location, time first found, observed behaviors (if alive) and photo or
video, if available.
In the unanticipated event that the City of San Diego discovers a
live stranded marine mammal (sick and/or injured, or if any fur seals
are observed) at Children's Pool, they shall immediately contact Sea
World's stranded animal hotline at 1-800-541-7235. Sea World shall also
be notified if a dead stranded pinniped is found so that a necropsy can
be performed. In all cases, NMFS stranding coordinator shall be
notified as well, but for immediate
[[Page 35744]]
response purposes, Sea World shall be contacted first.
Reporting Prohibited Take--In the unanticipated event that the
specified activity clearly causes the take of a marine mammal in a
manner prohibited by this IHA, such as an injury (Level A harassment),
serious injury, or mortality, the City of San Diego shall immediately
cease the specified activities and immediately report the incident to
the Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, and the West Coast Regional Stranding Coordinator. The
report must include the following information:
Time, date, and location (latitude/longitude) of the
incident;
The type of activity involved;
Description of the circumstances during and leading up to
the incident;
Water depth; environmental conditions (e.g., wind speed
and direction, Beaufort sea state, cloud cover, and visibility);
Description of marine mammal observations in the 24 hours
preceding the incident; species identification or description of the
animal(s) involved;
The fate of the animal(s); and photographs or video
footage of the animal (if equipment is available).
Activities shall not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS shall work with the City of
San Diego to determine the action necessary to minimize the likelihood
of further prohibited take and ensure MMPA compliance. The City of San
Diego may not resume its activities until notified by NMFS via letter,
email, or telephone.
Reporting an Injured or Dead Marine Mammal with an Unknown Cause of
Death--In the event that the City of San Diego discovers an injured or
dead marine mammal, and the lead PSO 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 described in the next
paragraph), the City of San Diego will immediately report the incident
to the Chief of the Permits and Conservation Division, Office of
Protected Resources, NMFS, and the West Coast Regional Stranding
Coordinator. The report must include the same information identified
above. Activities may continue while NMFS reviews the circumstances of
the incident. NMFS will work with the City of San Diego to determine
whether modification of the activities is appropriate.
Reporting an Injured or Dead Marine Mammal Not Related to the
Activities--In the event that the City of San Diego discovers an
injured or dead marine mammal, and the lead PSO determines that the
injury or death is not associated with or related to the activities
authorized (e.g., previously wounded animal, carcass with moderate to
advanced decomposition, or scavenger damage), the City of San Diego
shall report the incident to the Chief of the Permits and Conservation
Division, Office of Protected Resources, NMFS, and the West Coast
Regional Stranding Coordinator within 24 hours of the discovery. The
City of San Diego shall provide photographs or video footage (if
available) or other documentation of the stranded animal sighting to
NMFS and the Marine Mammal Stranding Network. Activities may continue
while NMFS reviews the circumstances of the incident.
Monitoring Results From Previously Authorized Activities
2013 to 2014
Hanan & Associates, Inc., on behalf of the City of San Diego,
conducted marine mammal and in-air sound monitoring at six locations
during demolition and construction activities at the Children's Pool
Lifeguard Station in La Jolla, California from June 3, 2013 to February
12, 2014. Demolition and construction activities began on July 10, 2013
and were halted for the Pacific harbor seal pupping season (December
15, 2013 to May 30, 2014). During 115 days of visual and acoustic
observations, Hanan & Associates counted a total of 61,631 Pacific
harbor seals and 26,037 people. During the 2013 demolition and
construction activities, Hanan & Associates observed a total of 5,793
takes by Level B harassment (i.e., movements, and flushes) that could
be attributed to demolition and construction activities (1,371 takes),
the general public (3,536 takes), and other sources (886 takes). As of
April 15, 2014, at least 60 harbor seal pups (including 2 still births)
have been born at the Children's Pool and there has been no indication
of abandonment. In addition to the Pacific harbor seal sightings, PSOs
recorded three sightings of California sea lions (1 juvenile, 3 adult),
and 2 northern elephant seals (both juveniles) at the Children's Pool.
2014 to 2015
Hanan & Associates, Inc., on behalf of the City of San Diego,
conducted marine mammal monitoring at seven locations during demolition
and construction activities at the Children's Pool Lifeguard Station in
La Jolla, California from August 6, 2014 to March 15, 2015.
Construction activities began on August 6, 2014 and were halted for the
Pacific harbor seal pupping season (December 15, 2014 to May 30, 2015).
During 127 days of visual and acoustic observations, Hanan & Associates
counted a total of 63,598 Pacific harbor seals and 27,844 people.
During the 2014 demolition and construction activities, Hanan &
Associates observed a total of 6,787 takes by Level B harassment (i.e.,
movements, and flushes) that could be attributed to demolition and
construction activities (1,790 takes), the general public (3,914
takes), and other sources (1,083 takes). As of March 13, 2015, at least
60 harbor seal pups (including 6 still or premature births) have been
born at the Children's Pool and there has been no indication of
abandonment. In addition to the Pacific harbor seal sightings, 366
sightings of California sea lions (93 at Children's Pool beach; others
were at Seal Rock, South Casa Beach, and on the reef), and 1 northern
elephant seal (juvenile). One dead adult and one dead juvenile
California sea lion were sighted on the Children's Pool beach after the
start of the beach closure and after the construction activities
stopped for the pupping season. These strandings were reported to NMFS.
More information on the monitoring results from the City of San
Diego's previous demolition and construction activities at the La Jolla
Children's Pool Lifeguard Station can be found in the final monitoring
reports. The 2013 to 2014 and 2014 to 2015 monitoring reports can be
found online at: https://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm#childrenspool.
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].
The City of San Diego and NMFS anticipate takes of Pacific harbor
seals, California sea lions, and northern elephant seals by Level B
(behavioral) harassment only incidental to visual disturbance
associated with the sand quality study sand sampling activities at the
Children's Pool Beach. No takes by injury (Level A harassment), serious
[[Page 35745]]
injury, or mortality are expected. NMFS will consider pinnipeds
behaviorally reacting to the sand sampling activities by flushing into
the water, moving more than twice the animal's body length but not into
the water; becoming alert and moving more than twice its body length;
and changing direction of current movements by individuals as
behavioral criteria for take by Level B harassment.
With planned sand sampling activities scheduled to begin in June
2016, the City of San Diego expects a range of harbor seals to be
present daily during June with a maximum of up to 190 individuals and a
seasonal decline through November to about 0 to 50 harbor seals present
daily. As not all of the sampling activities have been planned, and
there is uncertainty regarding the timing and number of all activities,
we have assumed the maximum number of authorized sampling activities
(16) occurring during the maximum haul out month (June) in order to
estimate take numbers. If all of the estimated harbor seals present are
taken by incidental harassment each day, there could be a maximum of
3,040 incidences of take over the entire duration of the activities. An
unknown portion of the incidental takes will be from repeated exposures
as harbor seals leave and return to the Children's Pool area.
Very few California sea lions or northern elephant seals are ever
observed at the Children's Pool Beach. As noted above, Children's Pool
is almost exclusively a harbor seal haul-out site and on rare
occasions, one or two California sea lions or a single juvenile
elephant seal have been observed on the sand or rocks at, or near,
Children's Pool. However, as noted above, an UME has been in place
since 2013 for California sea lions. According to the NMFS West Coast
Region, California sea lion strandings in January-May of 2015 were over
10 times the average stranding level for the same five-month period
during 2004-2012. The City of San Diego has requested take for these
species due to their potential occurrence at this location and past
monitoring experience at this location. As the previous IHA authorized
take of two individual sea lions incidental to construction activities
at Children's Pool, and numbers of sea lion sightings have been over 10
times the average, we estimate that up to 20 individuals may be
incidentally taken by Level B harassment equating to 320 exposures
(conservatively assuming 20 x 16 sampling events). As only one or two
northern elephant seals are known to occur rarely at Children's Pool
Beach, it was conservatively estimated that 16 individuals would be
exposed to Level B harassment for a total of 16 takes (assuming one
present for each of the 16 sampling events). Therefore, NMFS authorizes
the following numbers of incidental takes (i.e., Level B harassment):
3,040 Pacific harbor seals (600 individuals), 320 California sea lions
(20 individuals), and 16 northern elephant seals (16 individuals). More
information on the number of takes authorized, and the approximate
percentage of the stock for the three species in the proposed action
area can be found in Table 3 (below).
Table 3--Summary of the Authorized Incidental Take by Level B Harassment of Pinnipeds for the City of San
Diego's Proposed Sand Quality Study Activities Generating Visual and Auditory Stimuli at the Children's Pool
Beach in La Jolla, CA
----------------------------------------------------------------------------------------------------------------
Approximate
Take Estimated percentage of
authorization number of estimated stock
Species (Number of individuals Abundance (Takes Population trend
exposures) taken authorized/
population)
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal.......... 3,040 600 30,968--Californ 10 Increased in
ia stock. California 1981
to 2004.
California sea lion.......... 320 20 296,750--U.S. 0.1 Increasing.
stock.
Northern elephant seal....... 16 16 179,000--Califor <0.01 Increasing 3.8%
nia breeding annually since
stock. 1988.
----------------------------------------------------------------------------------------------------------------
Analysis and Determinations
Negligible Impact
Negligible impact is ``an impact resulting from the specified
activity that cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the species or stock through effects on
annual rates of recruitment or survival'' (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes,
alone, is not enough information on which to base an impact
determination. In addition to considering estimates of the 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, and effects on habitat.
In making a negligible impact determination, NMFS evaluated factors
such as:
(1) The number of anticipated injuries, serious injuries, or
mortalities;
(2) The number, nature, and intensity, and duration of Level B
harassment; and
(3) The context in which the takes occur (i.e., impacts to areas of
significance, impacts to local populations, and cumulative impacts when
taking into account successive/contemporaneous actions when added to
baseline data);
(4) The status of the stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
(5) Impacts on habitat affecting rates of recruitment/survival; and
(6) The effectiveness of monitoring and mitigation measures.
Behavioral disturbance may potentially occur incidental to the
visual presence of humans and sand sampling activities; however,
pinnipeds at this site have likely adapted or become acclimated to
human presence to some degree at this site. The City of San Diego has
designated Children's Pool Beach as a shared use beach. Many activities
currently take place at Children's Pool Beach and the surrounding
shoreline areas including swimming, SCUBA diving, surfing,
[[Page 35746]]
kayaking, tide pooling, and nature watching. These ``urbanized'' harbor
seals do not exhibit sensitivity at a level similar to that noted in
harbor seals in some other regions affected by human disturbance (Allen
et al., 1984; Suryan and Harvey, 1999; Henry and Hammil, 2001; Johnson
and Acevedo-Gutierrez, 2007; Jansen et al., 2006; Hanan & Associates,
2011). For example, during monitoring for construction for the
Children's Pool Lifeguard Station, equipment noise and visual cues at
times have caused seals to alert/flush, while at other times the same
stimuli have produced no reaction (City of San Diego, 2015). Per the
City of San Diego (2015), ``[a]t the individual level, a newly arrived
seal (which swam in from another area) may not have habituated to
humans and noise as have seals that have been onsite for a while. These
recent arrivals may alert to visual stimuli, perhaps flushing to the
water. But after a few days using this beach during the non-pupping
season (when humans are also present on the beach), we would expect
them to habituate and generally not react to humans unless very close
to them (Hanan 2004, Hanan & Associates 2011, Hanan and Hanan 2014).''
Therefore, there is a high likelihood that many of the harbor seals
present during the planned sand sampling activities would not be
flushed off of the beach or rocks, as pinnipeds at this site are
conditioned to human presence to some degree (Hanan, 2004; Hanan &
Associates, 2011) (see https://www.youtube.com/watch?v=4IRUYVTULsg), and
it is anticipated that takes would likely be of lesser intensity than
would be expected at other locations.
No injuries (Level A harassment), serious injuries, or mortalities
are anticipated to occur as a result of the City of San Diego's sand
sampling activities, and none are proposed for authorization by NMFS.
The planned activities are not expected to result in the alteration of
reproductive behaviors or parenting because of the moratorium on access
to the beach during the pupping season, and the potentially affected
species would be subjected to only temporary and minor behavioral
impacts.
As discussed in detail above, the project scheduling avoids
sensitive life stages for Pacific harbor seals. Project activities will
commence June 1 and end by December 15. The commencement date occurs
after the end of the pupping season, affords additional time to
accommodate lactation and weaning of late-season pups, and takes into
account periods of lowest haul-out occurrence. The end date falls
approximately two weeks prior to January 1, the time after which most
births occur, providing protection for pregnant and nursing harbor
seals that may give birth before January 1.
Table 3 of this document outlines the number of Level B harassment
takes that are anticipated as a result of these proposed activities.
Due to the nature, degree, and context of Level B (behavioral)
harassment anticipated and described (see ``Potential Effects on Marine
Mammals'' section above) in this notice, this activity is not expected
to impact rates of annual recruitment or survival for the affected
species or stock (i.e., California stock of Pacific harbor seals, U.S.
stock of California sea lions, and California breeding stock of
northern elephant seals), particularly given the mitigation,
monitoring, and reporting measures that will be implemented to minimize
impacts to marine mammals.
The Children's Pool is one of the three known haul-out sites for
Pacific harbor seal in San Diego County and the only rookery in San
Diego County and the only mainland rookery on the U.S. west coast for
this species between the border of Mexico and Point Mugu in Ventura
County, CA. For the other marine mammal species that may occur within
the action area (i.e., California sea lions and northern elephant
seals), there are no known designated or important feeding and/or
reproductive areas at the project site. Many animals perform vital
functions, such as feeding, resting, traveling, and socializing, on a
diel cycle (i.e., 24 hour cycle). Behavioral reactions (such as
disruption of critical life functions, displacement, or avoidance of
important habitat) are more likely to be significant if they last more
than one diel cycle or recur on subsequent days (Southall et al.,
2007). However, Pacific harbor seals have been hauling-out at
Children's Pool during the year for many years (including during
pupping season and while females are pregnant) while being exposed to
anthropogenic sound sources such as vehicle traffic, human voices, etc.
and other stimuli from human presence. The Pacific harbor seals have
repeatedly hauled-out to pup over many years and the NMFS Stock
Assessment Reports for this stock have shown that the population is
increasing and is considered stable (NMFS, 2014). Additionally, the
proposed sand sampling activities would generally not take place on
subsequent days for long durations, as a maximum of up to 16 sampling
events (lasting approximately 4 hours each) are planned for the sand
quality study, which would take place over the six-months of the study.
None of the potentially affected marine mammal species under NMFS
jurisdiction in the action area (Pacific harbor seals, California sea
lions, and northern elephant seals) are listed as threatened or
endangered under the ESA. To protect these animals (and other marine
mammals in the action area), the City of San Diego shall schedule sand
sampling activities during the daily period of lowest haul-out
occurrence; limit activities to the hours of daylight; ensuring that
technicians performing sand sampling remain at least three meters from
any hauled out pinnipeds; use PSOs, prohibit sand sampling activities
in the unlikely event that fur seals are present, and prohibit sand
sampling activities during harbor seal pupping season.
Although behavioral modifications, including temporarily vacating
the area during the proposed sand sampling activities, may be made by
these species, the sand quality sampling activities will be fairly
sporadic and will be of relatively short duration. NMFS believes that
the time period of the sand sampling activities, the requirement to
implement mitigation measures (e.g., prohibiting sand sampling
activities during pupping season, scheduling operations to periods of
the lowest haul-out occurrence, and ensuring a buffer of at least three
meters between sampling technicians and hauled out pinnipeds), and the
inclusion of the monitoring and reporting measures, will reduce the
amount and severity of the potential impacts from the activity.
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 monitoring and mitigation measures,
NMFS finds that the total marine mammal take from the City of San
Diego's activities would have a negligible impact on the affected
marine mammal species or stocks.
Small Numbers
As mentioned previously, NMFS estimates that three species of
marine mammals under its jurisdiction could be potentially affected by
Level B harassment over the course of the IHA. It is conservatively
estimated that the instances of take by Level B harassment (amounting
to 3,040 for Pacific harbor seals, 320 for California sea lions, and 16
for northern elephant seals) would be approximately 10%, 0.1%, and less
than 0.01% of the respective California, U.S., and California breeding
stocks. The population estimates for the marine mammal species that may
be taken by
[[Page 35747]]
Level B harassment were provided in Table 3 of this document.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS determined that small numbers of marine mammals will be
taken relative to the populations of the affected species or stocks.
See Table 3 for the authorized take numbers of marine mammals.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
Section 101(a)(5)(D) of the MMPA requires NMFS to determine that
the authorization will not have an unmitigable adverse effect on the
availability of marine mammal species or stocks for subsistence use.
There are not 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 subsistence purposes.
Endangered Species Act
NMFS (Permits and Conservation Division) has determined that an ESA
section 7 consultation for the issuance of an IHA under section
101(a)(5)(D) of the MMPA for this activity is not necessary for the
Guadalupe fur seal. This species is rare at Children's Pool Beach. Due
to the fact that sightings have occurred in the area, and due to the
declaration of a UME for this species in the area, ESA consultation was
considered. However, it was determined that the sand sampling
activities would have no potential to affect the Guadalupe fur seal
because these activities would not occur if this species were present
at Children's Pool Beach. No other ESA-listed species are expected to
occur in the proposed project area.
National Environmental Policy Act
To meet NMFS's National Environmental Policy Act (NEPA; 42 U.S.C.
4321 et seq.) requirements for the issuance of an IHA to the City of
San Diego, NMFS prepared an Environmental Assessment (EA) titled Draft
Environmental Assessment of the Issuance of an Incidental Harassment
Authorization to the City of San Diego to Take Marine Mammals by
Harassment Incidental to Sand Quality Study Activities at the
Children's Pool Beach in La Jolla, California to comply with the
Council of Environmental Quality (CEQ) regulations and NOAA
Administrative Order (NAO) 216-6. NMFS prepared and signed a Finding of
No Significant Impact (FONSI) determining that preparation of an
Environmental Impact Statement (EIS) was not required. The FONSI was
signed on May 26, 2016 prior to the issuance of the IHA for the City of
San Diego's sand quality study activities from June 2016 to June 2017.
A copy of the EA and FONSI is available upon request (see ADDRESSES).
Authorization
NMFS has issued an IHA to the City of San Diego for conducting sand
quality study activities at the Children's Pool Beach in La Jolla, CA,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
Dated: May 27, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-13171 Filed 6-2-16; 8:45 am]
BILLING CODE 3510-22-P
