Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California, 31759-31765 [2017-14390]

Download as PDF Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648–XF366 Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. AGENCY: In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that we have issued an incidental harassment authorization (IHA) to Point Blue Conservation Science (Point Blue) to incidentally harass four species of marine mammals during seabird research activities in central California. DATES: This authorization is valid from July 7, 2017 through July 6, 2018 FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected Resources, NMFS, (301) 427–8408. SUPPLEMENTARY INFORMATION: SUMMARY: Availability An electronic copy of Point Blue’s application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. In case of problems accessing these documents, please call the contact listed above (see FOR FURTHER INFORMATION CONTACT). sradovich on DSK3GMQ082PROD with NOTICES Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. An authorization for incidental takings will 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 VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 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, we adversely affect the species or stock through effects on annual rates of recruitment or survival. The MMPA states that the term ‘‘take’’ means to harass, hunt, capture, kill or attempt to harass, hunt, capture, or kill any marine mammal. 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 NMFS received a request from Point Blue for an IHA to take marine mammals incidental to seabird and marine mammal monitoring at three locations in central California. Point Blue’s request was for harassment only and NMFS concurs that mortality is not expected to result from this activity. Therefore, an IHA is appropriate. On March 7, 2017, NMFS received an application from Point Blue requesting the taking by harassment of marine mammals incidental to conducting seabird research activities on Southeast ˜ Farallon Island (SEFI), Ano Nuevo Island (ANI), and Point Reyes National Seashore (PRNS). Point Blue, along with partners Oikonos Ecosystem Knowledge and PRNS, plan to conduct the proposed activities for one year. These partners are conducting this research under cooperative agreements with the U.S. Fish and Wildlife Service in consultation with the Gulf of the Farallones National Marine Sanctuary. We considered the application adequate and complete on April 7, 2017. These proposed activities would occur in the vicinity of pinniped haulout sites and could result in the incidental take of marine mammals. Species with the expected potential to be present include California sea lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina), northern elephant PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 31759 seals (Mirounga angustirostris), and Steller sea lions (Eumetopias jubatus). Description of Specified Activities Overview We provided a description of the proposed action in our Federal Register notice announcing the proposed authorization (82 FR 22504; May 16, 2017). Please refer to that document; we provide only summary information here. Point Blue proposes to monitor and census seabird colonies; observe seabird nesting habitat; restore nesting burrows; and resupply a field station annually in central California (i.e., SEFI, ANI, and PRNS). The purpose of the seabird research is to continue a 30-year monitoring program of the region’s seabird populations. Level B take may occur due to incidental disturbance of pinnipeds by researchers during monitoring. Dates and Duration The authorization would be effective from July 7, 2017 through July 6, 2018. Surveys are conducted year-round at the specified locations. At SEFI, seabird monitoring sites are visited ∼1–3 times per day for a maximum of 500 visits per year. Most seabird monitoring visits are brief (∼15 minutes), though seabird observers are present from 2–5 hours daily at North Landing from early April to early August each year to conduct observational studies on breeding common murres. Boat landings to resupply the field station, lasting one– three hours, are conducted once every two weeks at one of these locations. At ANI, research is conducted once/week April–August, with occasional intermittent visits made during the rest of the year. The maximum number of visits per year would be 20. Research at PRNS is conducted year round, with an emphasis during the seabird nesting season with occasional intermittent visits the rest of the year. The maximum number of visits per year is 20. Nesting habitat restoration and monitoring activities require sporadic visits from September–November, between the seabird breeding season and the elephant seal pupping season. Landings and visits to nest boxes are brief (∼15 minutes). Specified Geographic Region Point Blue will conduct their research activities within the vicinity of pinniped haul-out sites in the following locations: • South Farallon Islands: The South Farallon Islands consist of SEFI located at 37°41′54.32″ N.; 123°0′8.33″ W. and E:\FR\FM\10JYN1.SGM 10JYN1 31760 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices West End Island. The South Farallon Islands have a land area of approximately 120 acres (0.49 square kilometers (km2)) and are part of the Farallon National Wildlife Refuge. The islands are located near the edge of the continental shelf 28 miles (mi) (45.1 km) west of San Francisco, CA, and lie within the waters of the Gulf of the Farallones National Marine Sanctuary; ˜ • Ano Nuevo Island: ANI is located at 37°6′29.25″ N.; 122°20′12.20″ W. is onequarter mile (402 meters m) offshore of ˜ Ano Nuevo Point in San Mateo County, CA. The island lies within the Monterey Bay National Marine Sanctuary and the ˜ Ano Nuevo State Marine Conservation Area; and • Point Reyes National Seashore: PRNS is approximately 40 miles (64.3 km) north of San Francisco Bay and also lies within the Gulf of the Farallones National Marine Sanctuary. Comments and Responses A notice of NMFS’s proposal to issue an IHA to Point Blue was published in the Federal Register on May 16, 2017 (82 FR 22504). That notice described, in detail, Point Blue’s activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. During the 30-day public comment period, NMFS received only one comment letter, from the Marine Mammal Commission (Commission). The Commission’s recommendations and our responses are provided here, and the comments have been posted online at: www.nmfs.noaa.gov/pr/permits/ incidental/construction.htm. Please see the Commission’s letter for background and rationale regarding the recommendations, which are listed below. Comment: The Commission clarified with NMFS that it should be authorizing, and Point Blue should be reporting, only takes of pinn peds incidental to conducting the various seabird research and resupply activities. All directed taking to prevent damage to critical infrastructure and to ensure human safety (including moving pinnipeds from paths, parking lots, and boat ramps) should be conducted in accordance with the authorities available under sections 101(a)(4) or 109(h) of the MMPA. Response: NMFS agrees with this assessment and confirmed that Point Blue will only be only reporting takes that are incidental to seabird research and resupply activities. Directed takes are not authorized and will not be reported under this IHA. Description of Marine Mammals in the Area of Specified Activities There are four marine mammal species known to occur in the vicinity of the project area. We reviewed Point Blue’s detailed species descriptions, including life history information, for accuracy and completeness and refer the reader to Section 3 of Point Blue’s application as well as our notice of proposed IHA published in the Federal Register (82 FR 22504; May 16, 2017). Please also refer to NMFS’ Web site (www.nmfs.noaa.gov/pr/species/ mammals) for generalized species accounts that provide information regarding the biology and behavior of the marine resources that occur in proximity to the project area. Table 1 lists all species with expected potential for occurrence at SEFI, ANI, and PRNS and summarizes information related to the population or stock, including potential biological removal (PBR), where known. For taxonomy, we follow Committee on Taxonomy (2016). PBR, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population, is considered in concert with known sources of ongoing anthropogenic mortality to assess the population-level effects of the anticipated mortality from a specific project (as described in NMFS’s SARs). While no mortality is anticipated or authorized here, PBR and annual serious injury and mortality are included here as gross indicators of the status of the species and other threats. For status of species, we provide information regarding U.S. regulatory status under the MMPA and the Endangered Species Act (ESA). California (southern) sea otters (Enhydra lutris nereis), listed as threatened under the ESA and categorized as depleted under the MMPA, usually range in coastal waters within two km of shore. Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study area. NMFS’s stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. All managed stocks in this region are assessed in NMFS’s 2015 U.S. Pacific Stock Assessment Report (Carretta et al., 2016) or the 2015 Alaska Stock Assessment Report (Muto et al., 2016). The most recent information regarding Steller sea lions may be found in 2016 Draft Alaska Stock Assessment Report (Muto et al., 2016b). Four species have the potential to be incidentally taken during the proposed survey activities and are listed in Table 1. Values presented in Table 1 are from the 2015 SARs and draft 2016 SARs (available online at: www.nmfs.noaa.gov/pr/sars/). TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF STUDY AREAS ESA/MMPA status; strategic (Y/N) 1 Scientific name Stock California sea lion ................. Steller sea lion ...................... Harbor seal ........................... Northern elephant seal ......... sradovich on DSK3GMQ082PROD with NOTICES Species Zalophus californianus ......... Eumetopias jubatus .............. Phoca vitulina richardii ......... Mirounga angus tirostris ....... U.S ........................................ Eastern U.S .......................... California .............................. California breeding stock ...... -; N D; Y -; N -; N Stock abundance (CV, Nmin, most recent abundance survey) 2 296,750 (n/a; 153,337; 2011) ................. 71,562 (n/a; 41,638; 2015) ..................... 30,968 (0.157; 27,348; 2012) ................. 179,000 (n/a; 81,368; 2010) ................... PBR 3 9,200 2,498 1,641 4,882 1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. 2 CV is coefficient of variation; N min is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the specie’s (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts of all animals ashore. 3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP). VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 31761 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices Potential Effects of Specified Activities on Marine Mammals and Their Habitat The effects of seabird researchers at the specified locations have the potential to result in harassment of marine mammals in the vicinity of the action area. The Federal Register notice for the proposed IHA (82 FR 22504; May 16, 2017) included a discussion of the effects of Level B harassment on marine mammals. Therefore, that information is not repeated here; please refer to the Federal Register notice for that information. No instances of serious injury or mortality are expected as a result of the specified activities. Estimated Take This section includes an estimate of the number of incidental ‘‘takes’’ permitted for authorization pursuant to this IHA, which will inform both NMFS’ consideration of whether the number of takes is ‘‘small’’ and the negligible impact determination. Harassment is the only form of take expected to result from these activities. 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). Authorized takes would be by Level B harassment only, in the form of disruption of behavioral patterns for individual marine mammals resulting from exposure to researchers and motorboat operations. Based on the nature of the activity, Level A harassment is neither anticipated nor authorized. Below we describe how the take is estimated. NMFS bases these new take estimates on historical data from previous monitoring reports and anecdotal data for the same activities conducted in the same research areas. In brief, for four species (i.e., California sea lions, harbor seals, northern elephant seals, and Steller sea lions), NMFS created a statistical model to derive an estimate of the average annual increase of reported take based on a best fit regression analysis (i.e., linear or polynomial regression) of reported take from 2007 to 2016. Final data from the 2016–2017 season has not been submitted. The predicted annual increase in take for each species was added to the baseline reported take for the 2015–2016 seasons to project the estimated take for the 2017–2018 IHA as is shown in Table 2. TABLE 2—PAST REPORTED TAKE OBSERVATIONS AND ESTIMATED TAKE FOR 2017–2018 POINT BLUE CONSERVATION SCIENCE ACTIVITIES Reported take observations from past seasons 1 Species IHA 1 (2007–2008) IHA 2 (2008–2009) IHA 3 (2011–2012) IHA 4 (2012–2013) IHA 5 (2014–2015) California Sea Lions .......................... 744 747 3,610 2,254 4,646 2 36,397 11,223 Northern Elephant Seals ................... Harbor Seals ..................................... Steller Sea Lions (E–DPS) ............... 44 39 5 44 75 4 67 109 4 30 141 12 97 259 6 169 292 31 34 107 5 1 Data IHA 6 (2015–2016) Annual projected increase Projected take 2017–2018 IHA 3 40,140 (47,620) 203 399 36 for 2009–2010 and 2010–2011 not available. ˜ increase in California sea lions likely due to El Nino event. has decreased projected California sea lion take based on preliminary 2016 observed take data. 2 Large sradovich on DSK3GMQ082PROD with NOTICES 3 NMFS The estimated take for California sea lions has been reduced from the figure authorized under the 2016–2017 IHA (53,538). NMFS noted that large numbers of California sea lions recorded in 2015–2016 were likely due to an El ˜ Nino event, which ended in May/June ˜ of 2016. The El Nino Southern Oscillation (ENSO) is a single climate phenomenon that periodically fluctuates between three phases: ˜ ˜ ˜ Neutral, La Nina or El Nino. La Nina ˜ and El Nino are opposite phases that require certain changes to take place in both the ocean and the atmosphere, before an event is declared. ENSO is currently in a neutral state, meaning that sea lion numbers may not approach the projected take for 2017–2018 shown in Table 2. Recent data suggests that there are increasing chances another El ˜ Nino could develop in the fall of 2017, although it is impossible to predict the length or severity of such an event (NOAA 2017). Therefore, sea lion numbers could occur at levels similar to what was observed in the 2015–2016 ˜ season under El Nino conditions. VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 Point Blue has provided preliminary data for recorded California sea lion takes at SEFI from calendar year 2016 (January–December), which shows 33,904 California sea lion takes at SEFI. Point Blue has not yet tabulated the data for ANI and PRNS. However, Point Blue estimates that approximately 1,000 animals will be taken at ANI and few, if any, will be taken at PRNS based on preliminary analysis of 2016 data. Therefore, the result for calendar year 2016 is approximately 34,904 sea lion takes (33,904 from SEFI and 1,000 from ANI and PRNS). Note that a portion of ˜ the 2016 calendar year featured El Nino conditions (January–May/June), which are predicted to return in the fall of 2017. Therefore, the 2016 calendar year data can serve as a baseline for 2017– 2018 IHA. NMFS will conservatively add 15 percent to the estimated 2016 yearly total to arrive at an authorized take of 40,140 California sea lions for the 2017–2018 IHA. Mitigation In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance. NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting such activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat (50 CFR 216.104(a)(11)). In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully balance two primary factors: (1) The manner in which, and the degree to which, the successful implementation of the measure(s) is expected to reduce impacts to marine mammals, marine E:\FR\FM\10JYN1.SGM 10JYN1 sradovich on DSK3GMQ082PROD with NOTICES 31762 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices mammal species or stocks, and their habitat, which considers the nature of the potential adverse impact being mitigated (likelihood, scope, range), as well as the likelihood that the measure will be effective if implemented; and the likelihood of effective implementation, and; (2) the practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity. Point Blue has based the mitigation measures, which they will employ during the research, on the implementation of protocols used during previous Point Blue research activities under previous authorizations for these activities. Note that Point Blue and NMFS have refined mitigation requirements over the years in an effort to reduce behavioral disturbance impacts to marine mammals. To reduce the potential for disturbance from acoustic and visual stimuli associated with the activities Point Blue will implement the following mitigation measures for marine mammals: (1) Slow approach to beaches for boat landings to avoid stampede and provide animals opportunity to enter water. (2) Select a pathway of approach to research sites that minimizes the number of marine mammals harassed. (3) Avoid visits to sites used by pinnipeds for pupping. (4) Monitor for offshore predators and do not approach hauled out pinnipeds if great white sharks (Carcharodon carcharias) or killer whales (Orcinus orca) are present. If Point Blue and/or its designees see pinniped predators in the area, they must not disturb the pinnipeds until the area is free of predators. (5) Keep voices hushed and bodies low to the ground in the visual presence of pinnipeds. (6) Conduct seabird observations at North Landing on SEFI in an observation blind, shielded from the view of hauled out pinnipeds. (7) Crawl slowly to access seabird nest boxes on ANI if pinnipeds are within view. (8) Coordinate research visits to intertidal areas of SEFI (to reduce VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 potential take) and coordinate research goals for ANI to minimize the number of trips to the island. (10) Coordinate monitoring schedules on ANI, so that areas near any pinnipeds would be accessed only once per visit. (11) Operate motorboats slowly with caution during approaches to landing sites in order to avoid vessel strikes. Based on our evaluation of the applicant’s proposed measures, as well as other measures considered by NMFS, NMFS has determined that the prescribed mitigation measures provide the means effecting the least practicable impact on the affected 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 IHA for an activity, Section 101(a)(5)(D) of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking. The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the proposed action area. Effective reporting is critical both to compliance as well as to ensuring that the most value is obtained from the required monitoring. Monitoring and reporting requirements prescribed by NMFS should contribute to improved understanding of one or more of the following: • Occurrence of marine mammal species or stocks in the area in which take is anticipated (e.g., presence, abundance, distribution, density); • Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts (individual or cumulative, acute or chronic), through better understanding of: (1) Action or environment (e.g., source characterization, propagation, ambient noise); (2) affected species (e.g., life history, dive patterns); (3) co-occurrence of marine mammal species with the action; or (4) biological or behavioral context of exposure (e.g., age, calving or feeding areas); PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 • Individual marine mammal responses (behavioral or physiological) to acoustic stressors (acute, chronic, or cumulative), other stressors, or cumulative impacts from multiple stressors; • How anticipated responses to stressors impact either: (1) Long-term fitness and survival of individual marine mammals; or (2) populations, species, or stocks; • Effects on marine mammal habitat (e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat); and • Mitigation and monitoring effectiveness. Point Blue will contribute to the knowledge of pinnipeds in California by noting observations of: (1) Unusual behaviors, numbers, or distributions of pinnipeds, such that any potential follow-up research can be conducted by the appropriate personnel; (2) tagbearing pinnipeds or carcasses, allowing transmittal of the information to appropriate agencies and personnel; and (3) rare or unusual species of marine mammals for agency follow-up. Required monitoring protocols for Point Blue include the following: (1) Record of date, time, and location (or closest point of ingress) of each visit to the research site; (2) Composition of the marine mammals sighted, such as species, gender and life history stage (e.g., adult, sub-adult, pup); (3) Information on the numbers (by species) of marine mammals observed during the activities; (4) Estimated number of marine mammals (by species) that may have been harassed during the activities; (5) Behavioral responses or modifications of behaviors that may be attributed to the specific activities and a description of the specific activities occurring during that time (e.g., pedestrian approach, vessel approach); and (6) Information on the weather, including the tidal state and horizontal visibility. For consistency, any reactions by pinnipeds to researchers will be recorded according to a three-point scale shown in Table 3. Note that only observations of disturbance Levels 2 and 3 should be recorded as takes. E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31763 TABLE 3—LEVELS OF PINNIPED BEHAVIORAL DISTURBANCE Level Type of response Definition 1 ............ Alert ...................... 2 * .......... Movement ............ 3 * .......... Flush .................... 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. Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animal’s body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees. All retreats (flushes) to the water. sradovich on DSK3GMQ082PROD with NOTICES * Only observations of disturbance Levels 2 and 3 are recorded as takes. This information will be incorporated into a monitoring report for NMFS. The monitoring report will cover the period from January 1, 2017 through December 31, 2017. NMFS has requested that Point Blue submit annual monitoring report data on a calendar year schedule, regardless of the current IHA’s initiation or expiration dates. This will ensure that data from all consecutive months will be collected and, therefore, can be analyzed to estimate authorized take for future IHA’s regardless of the existing IHA’s issuance date. Point Blue will submit a draft monitoring report to NMFS Office of Protected Resources by April 1, 2018. The draft report will include monitoring data collected between January 1, 2017 and December 31, 2017. A final report will be prepared and submitted within 30 days following resolution of any comments on the draft report from NMFS. If no comments are received from NMFS, the draft final report will be considered to be the final report. This report must contain the informational elements described above, at minimum. Point Blue must also report observations of unusual pinniped behaviors, numbers, or distributions and tag-bearing carcasses to NMFS West Coast Region office. If at any time 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, Point Blue will immediately cease the specified activities and report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The report must include the following information: (1) Time and date of the incident; (2) Description of the incident; (3) Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); (4) Description of all marine mammal observations in the 24 hours preceding the incident; (5) Species identification or description of the animal(s) involved; VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 (6) Fate of the animal(s); and (7) Photographs or video footage of the animal(s). Activities will not resume until NMFS is able to review the circumstances of the prohibited take. NMFS will work with Point Blue to determine what measures are necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Pt. Blue may not resume the activities until notified by NMFS. In the event that an injured or dead marine mammal is discovered and it is determined that the cause of the injury or death is unknown and the death is relatively recent (e.g., in less than a moderate state of decomposition), Point Blue will immediately report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS. The report must include the same information identified in the paragraph above IHA. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with Point Blue to determine whether additional mitigation measures or modifications to the activities are appropriate. In the event that an injured or dead marine mammal is discovered and it is determined that the injury or death is not associated with or related to the activities authorized in the IHA (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), Point Blue will report the incident to the Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator, NMFS, within 24 hours of the discovery. Point Blue will provide photographs or video footage or other documentation of the stranded animal sighting to NMFS. Activities may continue while NMFS reviews the circumstances of the incident. Negligible Impact Analysis and Determination NMFS has defined negligible impact as an impact resulting from the PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 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 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 harassment, NMFS considers other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration), as well as effects on habitat, and the likely effectiveness of the mitigation. We also assess the number, intensity, and context of estimated takes by evaluating this information relative to population status. Consistent with the 1989 preamble for NMFS’s implementing regulations (54 FR 40338; September 29, 1989), the impacts from other past and ongoing anthropogenic activities are incorporated into this analysis via their impacts on the environmental baseline (e.g., as reflected in the regulatory status of the species, population size and growth rate where known, ongoing sources of human-caused mortality, or ambient noise levels). To avoid repetition, the discussion of our analyses applies generally to the four species for which take is authorized, given that the anticipated effects of these surveys on marine mammals are expected to be relatively similar in nature. Where there are species-specific factors that have been considered, they are identified below. For reasons stated previously in this document and based on the following factors, NMFS does not expect Point Blue’s specified activities to cause longterm behavioral disturbance that would negatively impact an individual animal’s fitness, or result in injury, serious injury, or mortality. Although E:\FR\FM\10JYN1.SGM 10JYN1 31764 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices Point Blue’s survey activities may disturb marine mammals, NMFS expects those impacts to occur to localized groups of animals at or near survey sites. Behavioral disturbance would be limited to short-term startle responses and localized behavioral changes due to the short duration (ranging from <15 minutes for visits at most locations up to 2–5 hours from April–August at SEFI) of the research activities. At some locations, where resupply activities occur, visits will occur once every two weeks. Minor and brief responses, such as short-duration startle reactions or flushing, are not likely to constitute disruption of behavioral patterns, such as migration, nursing, breeding, feeding, or sheltering. These short duration disturbances—in many cases animals will return in 30 minutes or less—will generally allow marine mammals to reoccupy haul-outs relatively quickly; therefore, these disturbances would not be anticipated to result in long-term disruption of important behaviors. No surveys will occur at or near rookeries as researchers will have limited access to SEFI, ANI, and PRNS during the pupping season and will not approach sites should pups be observed. Furthermore, breeding animals tend to be concentrated in areas that researchers are not scheduled to visit. Therefore, NMFS does not expect mother and pup separation or crushing of pups during stampedes. Level B behavioral harassment of pinnipeds may occur during the operation of small motorboats. However, exposure to boats and associated engine noise would be brief and would not occur on a frequent basis. Results from studies demonstrate that pinnipeds generally return to their sites and do not permanently abandon haul-out sites after exposure to motorboats. The chance of a vessel strike is very low due to small boat size and slow transit speeds. Researchers will delay ingress into the landing areas until after the pinnipeds enter the water and will cautiously operate vessels at slow speeds. In summary and as described above, the following factors support our determination that the impacts resulting from this activity are not expected to adversely affect the species or stock through effects on annual rates of recruitment or survival: • No mortality is anticipated or authorized; • Limited behavioral disturbance in the form of short-duration startle reactions or flushing Mitigation requirements employed by researchers (e.g., move slowly, use hushed voices) should further decrease disturbance levels; • No activity near rookeries and avoidance of pups; and • Limited impact from boats due to their small size, maneuverability and the requirement to delay ingress until after hauled out pinnipeds have entered the water. Based on the analysis contained herein of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS finds that the total marine mammal take from the proposed activity will have a negligible impact on all affected marine mammal species or stocks. Small Numbers As noted above, only small numbers of incidental take may be authorized under Section 101(a)(5)(D) of the MMPA for specified activities other than military readiness activities. The MMPA does not define small numbers and so, in practice, NMFS compares the number of individuals taken to the most appropriate estimation of the relevant species or stock size in our determination of whether an authorization is limited to small numbers of marine mammals. As mentioned previously, NMFS estimates that four marine mammal species could potentially be affected by Level B harassment under the authorization. For each species, these numbers are small relative to the population size. These incidental harassment numbers represent approximately 13.5 percent of the U.S. stock of California sea lion, 1.28 percent of the California stock of Pacific harbor seal, 0.11 percent of the California breeding stock of northern elephant seal, and 0.05 percent of the eastern distinct population segment of Steller sea lion. Note that the number of individual marine mammals taken is assumed to be less than the take estimate (number of exposures) since we assume that the same animals may be behaviorally harassed over multiple days. TABLE 4—POPULATION ABUNDANCE ESTIMATES, TOTAL LEVEL B TAKE, AND PERCENTAGE OF POPULATION THAT MAY BE TAKEN Stock abundance Stock California sea lion ........................................... Steller sea lion ................................................ Harbor seal ..................................................... Northern elephant seal ................................... sradovich on DSK3GMQ082PROD with NOTICES Species U.S .................................................................. Eastern U.S .................................................... California ........................................................ California breeding stock ................................ Based on the analysis contained herein of the proposed activity (including the proposed mitigation and monitoring measures) and the anticipated take of marine mammals, NMFS finds that small numbers of marine mammals will be taken relative to the population size of the affected species or stocks. Unmitigable Adverse Impact Analysis and Determination VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 There are no relevant subsistence uses of the affected marine mammal stocks or species implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for taking for subsistence purposes. PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 296,750 71,562 30,968 179,000 Total Level B take Percentage of stock or population 40,140 36 399 203 13.5 0.05 1.28 0.11 Endangered Species Act (ESA) Issuance of an MMPA authorization requires compliance with the ESA. No incidental take of ESA-listed species is authorized or expected to result from this activity. Therefore, NMFS has determined that formal consultation under section 7 of the ESA is not required for this action. E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices National Environmental Policy Act (NEPA) To comply with the National Environmental Policy Act of 1969 (NEPA; 42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216–6A, NMFS must review our proposed action with respect to environmental consequences on the human environment. Accordingly, NMFS has determined that the issuance of the IHA qualifies to be categorically excluded from further NEPA review. This action is consistent with categories of activities identified in CE B4 of the Companion Manual for NOAA Administrative Order 216–6A, which do not individually or cumulatively have the potential for significant impacts on the quality of the human environment and for which we have not identified any extraordinary circumstances that would preclude this categorical exclusion. Authorization NMFS has issued an IHA to Point Blue for the potential harassment of small numbers of marine mammals incidental to seabird research activities in central California, provided the previously mentioned mitigation, monitoring and reporting. Dated: July 5, 2017. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2017–14390 Filed 7–7–17; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF DEFENSE Office of the Secretary Board of Regents, Uniformed Services University of the Health Sciences; Notice of Federal Advisory Committee Meeting Under Secretary of Defense for Personnel and Readiness, Department of Defense. ACTION: Notice of Federal Advisory Committee meeting. AGENCY: The Department of Defense (DoD) is publishing this notice to announce that the following Federal Advisory Committee meeting of the Board of Regents (Board), Uniformed Services University of the Health Sciences (University) will take place. DATES: Open Session will occur on Tuesday, August 1, 2017 from 8:00 a.m. until 10:25 a.m. Closed Session will occur on Tuesday, August 1, 2017 from 10:30 a.m. until 11:00 a.m. sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 16:08 Jul 07, 2017 Jkt 241001 The August 1, 2017 meeting will occur at the Uniformed Services University of the Health Sciences, 4301 Jones Bridge Road, Everett Alvarez Jr. Board of Regents Room (D3001), Bethesda, Maryland 20814. FOR FURTHER INFORMATION CONTACT: Jennifer Nuetzi James, 301–295–3066 (Voice), 301–295–1960 (Facsimile), jennifer.nuetzi-james@usuhs.edu (Email). Mailing address is 4301 Jones Bridge Road, A1020, Bethesda, Maryland 20814. Web site: https:// www.usuhs.edu/vpe/bor. SUPPLEMENTARY INFORMATION: This meeting is being held under the provisions of the Federal Advisory Committee Act (FACA) of 1972 (5 U.S.C., Appendix, as amended), the Government in the Sunshine Act of 1976 (5 U.S.C. 552b, as amended), and 41 CFR 102–3.140 and 102–3.150. Purpose of the Meeting: The purpose of the meeting of the Board is to provide advice and recommendations to the Secretary of Defense, through the Under Secretary of Defense for Personnel and Readiness, on academic and administrative matters critical to the full accreditation and successful operation of the University. These actions are necessary for the University to pursue its mission, which is to educate, train and comprehensively prepare uniformed services health professionals, officers, scientists and leaders to support the Military and Public Health Systems, the National Security and National Defense Strategies of the United States, and the readiness of our Uniformed Services. Agenda: The actions scheduled to occur include the review of the minutes from the Board meeting held on May 19, 2017; recommendations regarding the awarding of post-baccalaureate degrees; recommendations regarding the approval of faculty appointments and promotions; and recommendations regarding award nominations. The University President will provide a report on recent actions affecting academic and operational aspects of the University. Member reports will include an Academics Summary consisting of reports from the Dean of the F. Edward ´ Hebert School of Medicine, Dean of the Daniel K. Inouye Graduate School of Nursing, Executive Dean of the Postgraduate Dental College, Dean of the College of Allied Health Sciences, and the Vice President for Research. Member Reports will also include a Finance and Administration Summary consisting of reports from the Senior Vice President, Southern Region; Senior Vice President, Western Region; Vice President for Finance and Administration; University ADDRESSES: PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 31765 Brigade Commander; and University General Counsel. There will be reports from the Armed Forces Radiobiology Research Institute and the University Faculty Senate. There will also be reports on the University Strategic Framework, Council of University Centers and the University Organizational Structure. A closed session will be held, after the open session, to discuss active investigations and personnel actions. Meeting Accessibility: Pursuant to Federal statutes and regulations (5 U.S.C., Appendix, 5 U.S.C. 552b, and 41 CFR 102–3.140 through 102–3.165) and the availability of space, the meeting is open to the public from 8:00 a.m. to 10:25 a.m. Seating is on a first-come basis. Members of the public wishing to attend the meeting should contact Jennifer Nuetzi James, Designated Federal Officer, no later than five business days prior to the meeting, at 4301 Jones Bridge Road, A1020, Bethesda, Maryland 20814; telephone 301–295–3066; email jennifer.nuetzijames@usuhs.edu. Pursuant to 5 U.S.C. 552b(c)(2, 5–7), the Department of Defense has determined that the portion of the meeting from 10:30 a.m. to 11:00 a.m. shall be closed to the public. The Under Secretary of Defense (Personnel and Readiness), in consultation with the Office of the Department of Defense General Counsel, has determined in writing that this portion of the Board’s meeting will be closed as the discussion will disclose sensitive personnel information, will include matters that relate solely to the internal personnel rules and practices of the agency, will involve allegations of a person having committed a crime or censuring an individual, and may disclose investigatory records compiled for law enforcement purposes. Written Statements: Pursuant to section 10(a)(3) of the Federal Advisory Committee Act of 1972 and 41 CFR 102– 3.140, the public or interested organizations may submit written comments to the Board about its approved agenda pertaining to this meeting or at any time regarding the Board’s mission. Individuals submitting a written statement must submit their statement to the Designated Federal Officer at jennifer.nuetzi-james@ usuhs.edu. Written statements that do not pertain to a scheduled meeting of the Board may be submitted at any time. However, if individual comments pertain to a specific topic being discussed at the planned meeting, then these statements must be received at least 5 calendar days prior to the meeting; otherwise, the comments may not be provided to or considered by the E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31759-31765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14390]

[[Page 31759]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF366

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Seabird Research Activities in
Central California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of an incidental harassment authorization.

-----------------------------------------------------------------------

SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that we have issued an incidental harassment authorization (IHA) to
Point Blue Conservation Science (Point Blue) to incidentally harass
four species of marine mammals during seabird research activities in
central California.

DATES: This authorization is valid from July 7, 2017 through July 6,
2018

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8408.

SUPPLEMENTARY INFORMATION:

Availability

An electronic copy of Point Blue's application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of problems accessing these documents, please
call the contact listed above (see FOR FURTHER INFORMATION CONTACT).

Background

Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
An authorization for incidental takings will 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, we adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
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

NMFS received a request from Point Blue for an IHA to take marine
mammals incidental to seabird and marine mammal monitoring at three
locations in central California. Point Blue's request was for
harassment only and NMFS concurs that mortality is not expected to
result from this activity. Therefore, an IHA is appropriate.
On March 7, 2017, NMFS received an application from Point Blue
requesting the taking by harassment of marine mammals incidental to
conducting seabird research activities on Southeast Farallon Island
(SEFI), A[ntilde]o Nuevo Island (ANI), and Point Reyes National
Seashore (PRNS). Point Blue, along with partners Oikonos Ecosystem
Knowledge and PRNS, plan to conduct the proposed activities for one
year. These partners are conducting this research under cooperative
agreements with the U.S. Fish and Wildlife Service in consultation with
the Gulf of the Farallones National Marine Sanctuary. We considered the
application adequate and complete on April 7, 2017.
These proposed activities would occur in the vicinity of pinniped
haul-out sites and could result in the incidental take of marine
mammals. Species with the expected potential to be present include
California sea lions (Zalophus californianus), Pacific harbor seals
(Phoca vitulina), northern elephant seals (Mirounga angustirostris),
and Steller sea lions (Eumetopias jubatus).

Description of Specified Activities

Overview

We provided a description of the proposed action in our Federal
Register notice announcing the proposed authorization (82 FR 22504; May
16, 2017). Please refer to that document; we provide only summary
information here.
Point Blue proposes to monitor and census seabird colonies; observe
seabird nesting habitat; restore nesting burrows; and resupply a field
station annually in central California (i.e., SEFI, ANI, and PRNS). The
purpose of the seabird research is to continue a 30-year monitoring
program of the region's seabird populations. Level B take may occur due
to incidental disturbance of pinnipeds by researchers during
monitoring.

Dates and Duration

The authorization would be effective from July 7, 2017 through July
6, 2018. Surveys are conducted year-round at the specified locations.
At SEFI, seabird monitoring sites are visited ~1-3 times per day for a
maximum of 500 visits per year. Most seabird monitoring visits are
brief (~15 minutes), though seabird observers are present from 2-5
hours daily at North Landing from early April to early August each year
to conduct observational studies on breeding common murres. Boat
landings to re-supply the field station, lasting one-three hours, are
conducted once every two weeks at one of these locations. At ANI,
research is conducted once/week April-August, with occasional
intermittent visits made during the rest of the year. The maximum
number of visits per year would be 20. Research at PRNS is conducted
year round, with an emphasis during the seabird nesting season with
occasional intermittent visits the rest of the year. The maximum number
of visits per year is 20. Nesting habitat restoration and monitoring
activities require sporadic visits from September-November, between the
seabird breeding season and the elephant seal pupping season. Landings
and visits to nest boxes are brief (~15 minutes).

Specified Geographic Region

Point Blue will conduct their research activities within the
vicinity of pinniped haul-out sites in the following locations:
South Farallon Islands: The South Farallon Islands consist
of SEFI located at 37[deg]41'54.32'' N.; 123[deg]0'8.33'' W. and

[[Page 31760]]

West End Island. The South Farallon Islands have a land area of
approximately 120 acres (0.49 square kilometers (km\2\)) and are part
of the Farallon National Wildlife Refuge. The islands are located near
the edge of the continental shelf 28 miles (mi) (45.1 km) west of San
Francisco, CA, and lie within the waters of the Gulf of the Farallones
National Marine Sanctuary;
A[ntilde]o Nuevo Island: ANI is located at
37[deg]6'29.25'' N.; 122[deg]20'12.20'' W. is one-quarter mile (402
meters m) offshore of A[ntilde]o Nuevo Point in San Mateo County, CA.
The island lies within the Monterey Bay National Marine Sanctuary and
the A[ntilde]o Nuevo State Marine Conservation Area; and
Point Reyes National Seashore: PRNS is approximately 40
miles (64.3 km) north of San Francisco Bay and also lies within the
Gulf of the Farallones National Marine Sanctuary.

Comments and Responses

A notice of NMFS's proposal to issue an IHA to Point Blue was
published in the Federal Register on May 16, 2017 (82 FR 22504). That
notice described, in detail, Point Blue's activity, the marine mammal
species that may be affected by the activity, and the anticipated
effects on marine mammals. During the 30-day public comment period,
NMFS received only one comment letter, from the Marine Mammal
Commission (Commission). The Commission's recommendations and our
responses are provided here, and the comments have been posted online
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Please
see the Commission's letter for background and rationale regarding the
recommendations, which are listed below.
Comment: The Commission clarified with NMFS that it should be
authorizing, and Point Blue should be reporting, only takes of pinn
peds incidental to conducting the various seabird research and resupply
activities. All directed taking to prevent damage to critical
infrastructure and to ensure human safety (including moving pinnipeds
from paths, parking lots, and boat ramps) should be conducted in
accordance with the authorities available under sections 101(a)(4) or
109(h) of the MMPA.
Response: NMFS agrees with this assessment and confirmed that Point
Blue will only be only reporting takes that are incidental to seabird
research and resupply activities. Directed takes are not authorized and
will not be reported under this IHA.

Description of Marine Mammals in the Area of Specified Activities

There are four marine mammal species known to occur in the vicinity
of the project area. We reviewed Point Blue's detailed species
descriptions, including life history information, for accuracy and
completeness and refer the reader to Section 3 of Point Blue's
application as well as our notice of proposed IHA published in the
Federal Register (82 FR 22504; May 16, 2017). Please also refer to
NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized
species accounts that provide information regarding the biology and
behavior of the marine resources that occur in proximity to the project
area.
Table 1 lists all species with expected potential for occurrence at
SEFI, ANI, and PRNS and summarizes information related to the
population or stock, including potential biological removal (PBR),
where known. For taxonomy, we follow Committee on Taxonomy (2016). PBR,
defined by the MMPA as the maximum number of animals, not including
natural mortalities, that may be removed from a marine mammal stock
while allowing that stock to reach or maintain its optimum sustainable
population, is considered in concert with known sources of ongoing
anthropogenic mortality to assess the population-level effects of the
anticipated mortality from a specific project (as described in NMFS's
SARs). While no mortality is anticipated or authorized here, PBR and
annual serious injury and mortality are included here as gross
indicators of the status of the species and other threats. For status
of species, we provide information regarding U.S. regulatory status
under the MMPA and the Endangered Species Act (ESA). California
(southern) sea otters (Enhydra lutris nereis), listed as threatened
under the ESA and categorized as depleted under the MMPA, usually range
in coastal waters within two km of shore. Marine mammal abundance
estimates presented in this document represent the total number of
individuals that make up a given stock or the total number estimated
within a particular study area. NMFS's stock abundance estimates for
most species represent the total estimate of individuals within the
geographic area, if known, that comprises that stock.
All managed stocks in this region are assessed in NMFS's 2015 U.S.
Pacific Stock Assessment Report (Carretta et al., 2016) or the 2015
Alaska Stock Assessment Report (Muto et al., 2016). The most recent
information regarding Steller sea lions may be found in 2016 Draft
Alaska Stock Assessment Report (Muto et al., 2016b). Four species have
the potential to be incidentally taken during the proposed survey
activities and are listed in Table 1. Values presented in Table 1 are
from the 2015 SARs and draft 2016 SARs (available online at:
www.nmfs.noaa.gov/pr/sars/).

Table 1--Marine Mammals Potentially Present in the Vicinity of Study Areas
----------------------------------------------------------------------------------------------------------------
Stock abundance
ESA/MMPA (CV, Nmin, most
Species Scientific name Stock status; recent abundance PBR \3\
strategic (Y/ survey) \2\
N) \1\
----------------------------------------------------------------------------------------------------------------
California sea lion.......... Zalophus U.S............. -; N 296,750 (n/a; 9,200
californianus. 153,337; 2011).
Steller sea lion............. Eumetopias Eastern U.S..... D; Y 71,562 (n/a; 2,498
jubatus. 41,638; 2015).
Harbor seal.................. Phoca vitulina California...... -; N 30,968 (0.157; 1,641
richardii. 27,348; 2012).
Northern elephant seal....... Mirounga angus California -; N 179,000 (n/a; 4,882
tirostris. breeding stock. 81,368; 2010).
----------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species
is not listed under the ESA or designated as depleted under the MMPA.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often
pups) ashore multiplied by some correction factor derived from knowledge of the specie's (or similar species')
life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the
minimum abundance may represent actual counts of all animals ashore.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population size (OSP).

[[Page 31761]]

Potential Effects of Specified Activities on Marine Mammals and Their
Habitat

The effects of seabird researchers at the specified locations have
the potential to result in harassment of marine mammals in the vicinity
of the action area. The Federal Register notice for the proposed IHA
(82 FR 22504; May 16, 2017) included a discussion of the effects of
Level B harassment on marine mammals. Therefore, that information is
not repeated here; please refer to the Federal Register notice for that
information. No instances of serious injury or mortality are expected
as a result of the specified activities.

Estimated Take

This section includes an estimate of the number of incidental
``takes'' permitted for authorization pursuant to this IHA, which will
inform both NMFS' consideration of whether the number of takes is
``small'' and the negligible impact determination.
Harassment is the only form of take expected to result from these
activities. 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).
Authorized takes would be by Level B harassment only, in the form
of disruption of behavioral patterns for individual marine mammals
resulting from exposure to researchers and motorboat operations. Based
on the nature of the activity, Level A harassment is neither
anticipated nor authorized. Below we describe how the take is
estimated.
NMFS bases these new take estimates on historical data from
previous monitoring reports and anecdotal data for the same activities
conducted in the same research areas. In brief, for four species (i.e.,
California sea lions, harbor seals, northern elephant seals, and
Steller sea lions), NMFS created a statistical model to derive an
estimate of the average annual increase of reported take based on a
best fit regression analysis (i.e., linear or polynomial regression) of
reported take from 2007 to 2016. Final data from the 2016-2017 season
has not been submitted. The predicted annual increase in take for each
species was added to the baseline reported take for the 2015-2016
seasons to project the estimated take for the 2017-2018 IHA as is shown
in Table 2.

Table 2--Past Reported Take Observations and Estimated Take for 2017-2018 Point Blue Conservation Science Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reported take observations from past seasons \1\
------------------------------------------------------------------------------------ Annual Projected
Species IHA 1 (2007- IHA 2 (2008- IHA 3 (2011- IHA 4 (2012- IHA 5 (2014- IHA 6 (2015- projected take 2017-
2008) 2009) 2012) 2013) 2015) 2016) increase 2018 IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
California Sea Lions.................... 744 747 3,610 2,254 4,646 \2\ 36,397 11,223 \3\ 40,140
(47,620)
Northern Elephant Seals................. 44 44 67 30 97 169 34 203
Harbor Seals............................ 39 75 109 141 259 292 107 399
Steller Sea Lions (E-DPS)............... 5 4 4 12 6 31 5 36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Data for 2009-2010 and 2010-2011 not available.
\2\ Large increase in California sea lions likely due to El Ni[ntilde]o event.
\3\ NMFS has decreased projected California sea lion take based on preliminary 2016 observed take data.

The estimated take for California sea lions has been reduced from
the figure authorized under the 2016-2017 IHA (53,538). NMFS noted that
large numbers of California sea lions recorded in 2015-2016 were likely
due to an El Ni[ntilde]o event, which ended in May/June of 2016. The El
Ni[ntilde]o Southern Oscillation (ENSO) is a single climate phenomenon
that periodically fluctuates between three phases: Neutral, La
Ni[ntilde]a or El Ni[ntilde]o. La Ni[ntilde]a and El Ni[ntilde]o are
opposite phases that require certain changes to take place in both the
ocean and the atmosphere, before an event is declared. ENSO is
currently in a neutral state, meaning that sea lion numbers may not
approach the projected take for 2017-2018 shown in Table 2. Recent data
suggests that there are increasing chances another El Ni[ntilde]o could
develop in the fall of 2017, although it is impossible to predict the
length or severity of such an event (NOAA 2017). Therefore, sea lion
numbers could occur at levels similar to what was observed in the 2015-
2016 season under El Ni[ntilde]o conditions.
Point Blue has provided preliminary data for recorded California
sea lion takes at SEFI from calendar year 2016 (January-December),
which shows 33,904 California sea lion takes at SEFI. Point Blue has
not yet tabulated the data for ANI and PRNS. However, Point Blue
estimates that approximately 1,000 animals will be taken at ANI and
few, if any, will be taken at PRNS based on preliminary analysis of
2016 data. Therefore, the result for calendar year 2016 is
approximately 34,904 sea lion takes (33,904 from SEFI and 1,000 from
ANI and PRNS). Note that a portion of the 2016 calendar year featured
El Ni[ntilde]o conditions (January-May/June), which are predicted to
return in the fall of 2017. Therefore, the 2016 calendar year data can
serve as a baseline for 2017-2018 IHA. NMFS will conservatively add 15
percent to the estimated 2016 yearly total to arrive at an authorized
take of 40,140 California sea lions for the 2017-2018 IHA.

Mitigation

In order to issue an IHA under Section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to such
activity, and other means of effecting the least practicable impact on
such species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance. NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting such
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully balance two primary factors: (1) The manner in which, and the
degree to which, the successful implementation of the measure(s) is
expected to reduce impacts to marine mammals, marine

[[Page 31762]]

mammal species or stocks, and their habitat, which considers the nature
of the potential adverse impact being mitigated (likelihood, scope,
range), as well as the likelihood that the measure will be effective if
implemented; and the likelihood of effective implementation, and; (2)
the practicability of the measures for applicant implementation, which
may consider such things as cost, impact on operations, and, in the
case of a military readiness activity, personnel safety, practicality
of implementation, and impact on the effectiveness of the military
readiness activity.
Point Blue has based the mitigation measures, which they will
employ during the research, on the implementation of protocols used
during previous Point Blue research activities under previous
authorizations for these activities. Note that Point Blue and NMFS have
refined mitigation requirements over the years in an effort to reduce
behavioral disturbance impacts to marine mammals.
To reduce the potential for disturbance from acoustic and visual
stimuli associated with the activities Point Blue will implement the
following mitigation measures for marine mammals:
(1) Slow approach to beaches for boat landings to avoid stampede
and provide animals opportunity to enter water.
(2) Select a pathway of approach to research sites that minimizes
the number of marine mammals harassed.
(3) Avoid visits to sites used by pinnipeds for pupping.
(4) Monitor for offshore predators and do not approach hauled out
pinnipeds if great white sharks (Carcharodon carcharias) or killer
whales (Orcinus orca) are present. If Point Blue and/or its designees
see pinniped predators in the area, they must not disturb the pinnipeds
until the area is free of predators.
(5) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds.
(6) Conduct seabird observations at North Landing on SEFI in an
observation blind, shielded from the view of hauled out pinnipeds.
(7) Crawl slowly to access seabird nest boxes on ANI if pinnipeds
are within view.
(8) Coordinate research visits to intertidal areas of SEFI (to
reduce potential take) and coordinate research goals for ANI to
minimize the number of trips to the island.
(10) Coordinate monitoring schedules on ANI, so that areas near any
pinnipeds would be accessed only once per visit.
(11) Operate motorboats slowly with caution during approaches to
landing sites in order to avoid vessel strikes.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
prescribed mitigation measures provide the means effecting the least
practicable impact on the affected 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 IHA for an activity, Section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present in the
proposed action area. Effective reporting is critical both to
compliance as well as to ensuring that the most value is obtained from
the required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
Mitigation and monitoring effectiveness.
Point Blue will contribute to the knowledge of pinnipeds in
California by noting observations of: (1) Unusual behaviors, numbers,
or distributions of pinnipeds, such that any potential follow-up
research can be conducted by the appropriate personnel; (2) tag-bearing
pinnipeds or carcasses, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up.
Required monitoring protocols for Point Blue include the following:
(1) Record of date, time, and location (or closest point of
ingress) of each visit to the research site;
(2) Composition of the marine mammals sighted, such as species,
gender and life history stage (e.g., adult, sub-adult, pup);
(3) Information on the numbers (by species) of marine mammals
observed during the activities;
(4) Estimated number of marine mammals (by species) that may have
been harassed during the activities;
(5) Behavioral responses or modifications of behaviors that may be
attributed to the specific activities and a description of the specific
activities occurring during that time (e.g., pedestrian approach,
vessel approach); and
(6) Information on the weather, including the tidal state and
horizontal visibility.
For consistency, any reactions by pinnipeds to researchers will be
recorded according to a three-point scale shown in Table 3. Note that
only observations of disturbance Levels 2 and 3 should be recorded as
takes.

[[Page 31763]]

Table 3--Levels of Pinniped Behavioral 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.
2 *............ Movement........... Movements in response to the
source of disturbance, ranging
from short withdrawals at least
twice the animal's body length to
longer retreats over the beach,
or if already moving a change of
direction of greater than 90
degrees.
3 *............ Flush.............. All retreats (flushes) to the
water.
------------------------------------------------------------------------
* Only observations of disturbance Levels 2 and 3 are recorded as takes.

This information will be incorporated into a monitoring report for
NMFS. The monitoring report will cover the period from January 1, 2017
through December 31, 2017. NMFS has requested that Point Blue submit
annual monitoring report data on a calendar year schedule, regardless
of the current IHA's initiation or expiration dates. This will ensure
that data from all consecutive months will be collected and, therefore,
can be analyzed to estimate authorized take for future IHA's regardless
of the existing IHA's issuance date. Point Blue will submit a draft
monitoring report to NMFS Office of Protected Resources by April 1,
2018. The draft report will include monitoring data collected between
January 1, 2017 and December 31, 2017. A final report will be prepared
and submitted within 30 days following resolution of any comments on
the draft report from NMFS. If no comments are received from NMFS, the
draft final report will be considered to be the final report. This
report must contain the informational elements described above, at
minimum.
Point Blue must also report observations of unusual pinniped
behaviors, numbers, or distributions and tag-bearing carcasses to NMFS
West Coast Region office.
If at any time 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, Point Blue will
immediately cease the specified activities and report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the following
information:
(1) Time and date of the incident;
(2) Description of the incident;
(3) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(4) Description of all marine mammal observations in the 24 hours
preceding the incident;
(5) Species identification or description of the animal(s)
involved;
(6) Fate of the animal(s); and
(7) Photographs or video footage of the animal(s).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with Point Blue to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. Pt. Blue may not
resume the activities until notified by NMFS.
In the event that an injured or dead marine mammal is discovered
and it is determined that the cause of the injury or death is unknown
and the death is relatively recent (e.g., in less than a moderate state
of decomposition), Point Blue will immediately report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the same
information identified in the paragraph above IHA. Activities may
continue while NMFS reviews the circumstances of the incident. NMFS
will work with Point Blue to determine whether additional mitigation
measures or modifications to the activities are appropriate.
In the event that an injured or dead marine mammal is discovered
and it is determined that the injury or death is not associated with or
related to the activities authorized in the IHA (e.g., previously
wounded animal, carcass with moderate to advanced decomposition, or
scavenger damage), Point Blue will report the incident to the Office of
Protected Resources, NMFS, and the West Coast Regional Stranding
Coordinator, NMFS, within 24 hours of the discovery. Point Blue will
provide photographs or video footage or other documentation of the
stranded animal sighting to NMFS. Activities may continue while NMFS
reviews the circumstances of the incident.

Negligible Impact Analysis and Determination

NMFS has defined negligible impact 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 (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 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 harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29, 1989), the impacts from other
past and ongoing anthropogenic activities are incorporated into this
analysis via their impacts on the environmental baseline (e.g., as
reflected in the regulatory status of the species, population size and
growth rate where known, ongoing sources of human-caused mortality, or
ambient noise levels).
To avoid repetition, the discussion of our analyses applies
generally to the four species for which take is authorized, given that
the anticipated effects of these surveys on marine mammals are expected
to be relatively similar in nature. Where there are species-specific
factors that have been considered, they are identified below.
For reasons stated previously in this document and based on the
following factors, NMFS does not expect Point Blue's specified
activities to cause long-term behavioral disturbance that would
negatively impact an individual animal's fitness, or result in injury,
serious injury, or mortality. Although

[[Page 31764]]

Point Blue's survey activities may disturb marine mammals, NMFS expects
those impacts to occur to localized groups of animals at or near survey
sites. Behavioral disturbance would be limited to short-term startle
responses and localized behavioral changes due to the short duration
(ranging from <15 minutes for visits at most locations up to 2-5 hours
from April-August at SEFI) of the research activities. At some
locations, where resupply activities occur, visits will occur once
every two weeks. Minor and brief responses, such as short-duration
startle reactions or flushing, are not likely to constitute disruption
of behavioral patterns, such as migration, nursing, breeding, feeding,
or sheltering. These short duration disturbances--in many cases animals
will return in 30 minutes or less--will generally allow marine mammals
to reoccupy haul-outs relatively quickly; therefore, these disturbances
would not be anticipated to result in long-term disruption of important
behaviors. No surveys will occur at or near rookeries as researchers
will have limited access to SEFI, ANI, and PRNS during the pupping
season and will not approach sites should pups be observed.
Furthermore, breeding animals tend to be concentrated in areas that
researchers are not scheduled to visit. Therefore, NMFS does not expect
mother and pup separation or crushing of pups during stampedes.
Level B behavioral harassment of pinnipeds may occur during the
operation of small motorboats. However, exposure to boats and
associated engine noise would be brief and would not occur on a
frequent basis. Results from studies demonstrate that pinnipeds
generally return to their sites and do not permanently abandon haul-out
sites after exposure to motorboats. The chance of a vessel strike is
very low due to small boat size and slow transit speeds. Researchers
will delay ingress into the landing areas until after the pinnipeds
enter the water and will cautiously operate vessels at slow speeds.
In summary and as described above, the following factors support
our determination that the impacts resulting from this activity are not
expected to adversely affect the species or stock through effects on
annual rates of recruitment or survival:
No mortality is anticipated or authorized;
Limited behavioral disturbance in the form of short-
duration startle reactions or flushing Mitigation requirements employed
by researchers (e.g., move slowly, use hushed voices) should further
decrease disturbance levels;
No activity near rookeries and avoidance of pups; and
Limited impact from boats due to their small size,
maneuverability and the requirement to delay ingress until after hauled
out pinnipeds have entered the water.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the proposed activity will have a negligible impact on all affected
marine mammal species or stocks.

Small Numbers

As noted above, only small numbers of incidental take may be
authorized under Section 101(a)(5)(D) of the MMPA for specified
activities other than military readiness activities. The MMPA does not
define small numbers and so, in practice, NMFS compares the number of
individuals taken to the most appropriate estimation of the relevant
species or stock size in our determination of whether an authorization
is limited to small numbers of marine mammals.
As mentioned previously, NMFS estimates that four marine mammal
species could potentially be affected by Level B harassment under the
authorization. For each species, these numbers are small relative to
the population size. These incidental harassment numbers represent
approximately 13.5 percent of the U.S. stock of California sea lion,
1.28 percent of the California stock of Pacific harbor seal, 0.11
percent of the California breeding stock of northern elephant seal, and
0.05 percent of the eastern distinct population segment of Steller sea
lion. Note that the number of individual marine mammals taken is
assumed to be less than the take estimate (number of exposures) since
we assume that the same animals may be behaviorally harassed over
multiple days.

Table 4--Population Abundance Estimates, Total Level B Take, and Percentage of Population
That May Be Taken
----------------------------------------------------------------------------------------------------------------
Percentage of
Species Stock Stock Total Level B stock or
abundance take population
----------------------------------------------------------------------------------------------------------------
California sea lion................... U.S..................... 296,750 40,140 13.5
Steller sea lion...................... Eastern U.S............. 71,562 36 0.05
Harbor seal........................... California.............. 30,968 399 1.28
Northern elephant seal................ California breeding 179,000 203 0.11
stock.
----------------------------------------------------------------------------------------------------------------

Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals will be taken relative to the population size of the
affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

Issuance of an MMPA authorization requires compliance with the ESA.
No incidental take of ESA-listed species is authorized or expected to
result from this activity. Therefore, NMFS has determined that formal
consultation under section 7 of the ESA is not required for this
action.

[[Page 31765]]

National Environmental Policy Act (NEPA)

To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action with respect to environmental
consequences on the human environment.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities identified in CE B4
of the Companion Manual for NOAA Administrative Order 216-6A, which do
not individually or cumulatively have the potential for significant
impacts on the quality of the human environment and for which we have
not identified any extraordinary circumstances that would preclude this
categorical exclusion.

Authorization

NMFS has issued an IHA to Point Blue for the potential harassment
of small numbers of marine mammals incidental to seabird research
activities in central California, provided the previously mentioned
mitigation, monitoring and reporting.

Dated: July 5, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-14390 Filed 7-7-17; 8:45 am]
BILLING CODE 3510-22-P

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