Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Gull and Climate Research in Glacier Bay National Park, Alaska, 6842-6848 [2018-03099]
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public comment during identified times
on the agenda.
FOR FURTHER INFORMATION CONTACT:
Peter Cooper or Randy Blankinship at
(301) 427–8503.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act, 16
U.S.C. 1801 et seq., as amended by the
Sustainable Fisheries Act, Public Law
104–297, provided for the establishment
of an AP to assist in the collection and
evaluation of information relevant to the
development of any FMP or FMP
amendment for Atlantic HMS. NMFS
consults with and considers the
comments and views of AP members
when preparing and implementing
FMPs or FMP amendments for Atlantic
tunas, swordfish, billfish, and sharks.
The AP has previously consulted with
NMFS on: Amendment 1 to the Billfish
FMP (April 1999); the HMS FMP (April
1999); Amendment 1 to the HMS FMP
(December 2003); the Consolidated HMS
FMP (October 2006); and Amendments
1, 2, 3, 4, 5a, 5b, 6, 7, 8, 9, and 10 to
the 2006 Consolidated HMS FMP (April
and October 2008, February and
September 2009, May and September
2010, April and September 2011, March
and September 2012, January and
September 2013, April and September
2014, March and September 2015, and
March, September, and December 2016,
and May and September 2017), among
other things.
The intent of this meeting is to
consider alternatives for the
conservation and management of all
Atlantic tunas, swordfish, billfish, and
shark fisheries. We anticipate
discussing:
• Domestic implementation of
recommendations from the 2017
meeting of the International
Commission for the Conservation of
Atlantic Tunas to include an emergency
rule for shortfin mako sharks, Draft
Amendment 11 on shortfin mako
sharks, bluefin tuna and northern
albacore tuna quotas, and issues for
2018;
• Three-year review of Amendment 7
on bluefin tuna management;
• Progress updates on various other
rulemakings, including shark fishery
closure criteria, evaluation of existing
bluefin tuna management-related gear
restricted areas, and evaluation of
existing fishing gear modification;
• Recreational fishery issues;
• Closed area data collection and an
update regarding the exempted fishing
permit request to conduct research in
pelagic longline closed areas; and
• Updates on shark stock
assessments.
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We also anticipate inviting other
NMFS offices to provide updates, if
available, on their activities relevant to
HMS fisheries such as listings under the
Endangered Species Act and Pelagic
Longline Take Reduction Team
rulemaking. Finally, we intend to invite
other NMFS offices and the United
States Coast Guard to provide updates
on their activities relevant to HMS
fisheries.
Additional information on the
meeting and a copy of the draft agenda
will be posted prior to the meeting at:
https://www.fisheries.noaa.gov/event/
march-2018-hms-advisory-panelmeeting.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Peter Cooper at (301) 427–8503 at least
7 days prior to the meeting.
Dated: February 9, 2018.
Emily H. Menashes,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2018–03114 Filed 2–14–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF776
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Gull and
Climate Research in Glacier Bay
National Park, Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
National Park Service to take, by
harassment, one species of marine
mammal incidental to glaucous winged
gull and climate monitoring research
activities in Glacier Bay National Park
(GLBA NP), Alaska.
DATES: This IHA is applicable from
March 1, 2018 through February 28,
2019.
SUMMARY:
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FOR FURTHER INFORMATION CONTACT:
Jonathan Molineaux, Office of Protected
Resources, NMFS, and (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the IHA 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 (as delegated
to NMFS) 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 IHA is provided to the public
for review.
An IHA for incidental takings shall be
granted if NMFS finds that the taking
will have a negligible impact on the
species or stock(s), will not have an
unmitigable adverse impact on the
availability of the species or stock(s) for
subsistence uses (where relevant), and if
the permissible methods of taking 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.
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).
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Summary of Request
On August 31 2017, NMFS received a
request from the NPS for an IHA to take
marine mammals incidental to
glaucous-winged gull and climate
monitoring research activities in GLBA
NP, Alaska. The application was
considered adequate and complete on
November 1, 2017. NPS’s request is for
take of harbor seals by Level B
harassment. NMFS previously issued
four IHAs to the NPS for similar work
(82 FR 24681, May 20, 2017; 81 FR
34994, June 1, 2016; 80 FR 28229,
March 24, 2015; 79 FR 56065,
September 18, 2014). Neither NPS nor
NMFS expect mortality to result from
the research and, therefore, an IHA is
appropriate.
Description of the Specified Activity
A detailed description of the planned
GLBA NP project is provided in the
Federal Register notice for the proposed
IHA (82 FR 56953; December 1, 2017).
Since that time, no changes have been
made to the planned activities.
Therefore, we provide only a summary
here. Please refer to that Federal
Register notice for the full description
of the specific activity.
NPS plans to conduct two research
projects within GLBA NP, southeast
Alaska: (1) Glaucous-winged gull
monitoring and (2) the installation and
maintenance of a weather station
operation for long-term climate
monitoring. NPS will conduct ground
and vessel surveys at four study sites
within GLBA NP for gull monitoring:
Boulder Island, Lone Island, Geikie
Rock, and Flapjack Island. These sites
will be accessed up to five times per
year. In addition, NPS will access Lone
Island an additional four times per year
for weather station installation,
maintenance, and operation bringing the
total number of site visits to Lone Island
to nine. This includes adding one
additional trip for any emergency
repairs that may be needed. Researchers
accessing the islands for gull monitoring
and weather station operation may
occasionally cause behavioral
disturbance (or Level B harassment) of
harbor seals. NPS expects that the
disturbance to harbor seals from both
projects will be minimal and only
limited to Level B harassment.
The purposes for the abovementioned research activities are as
follows. Gull monitoring studies are
mandated by a Record of Decision of a
Legislative Environmental Impact
Statement (LEIS) (NPS 2010) which
states that NPS must initiate a
monitoring program for glaucouswinged gulls (Larus glaucescens) to
inform future native egg harvest by the
Hoonah Tlingit in Glacier Bay, Alaska.
Installation of a new weather station on
Lone Island is being planned as one of
several installations intended to fill
coverage gaps among existing weather
stations in GLBA NP (NPS 2015a).
These new stations will be operated as
the foundation of a new long-term
climate-monitoring program for GLBA
NP.
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to the NPS was published in the
Federal Register on December 1, 2017
(82 FR 56953). That notice described, in
detail, GLBA NP’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
one comment letter from the Marine
Mammal Commission (Commission).
Comment 1: The Commission
recommended that NMFS enumerate the
number of harbor seals that could be
taken during the planned activities by
applying standard rounding rules before
summing the numbers of estimated
takes across survey sites and survey
days.
Response: Calculating predicted take
is not an exact science and there are
arguments for taking different
mathematical approaches in different
situations, and for making qualitative
adjustments in other situations. NMFS
is currently engaged in developing a
protocol to guide more consistent take
calculation given certain circumstances.
We believe, however, that the
methodology for this action remains
appropriate.
Description of Marine Mammals in the
Area of Specified Activities
A detailed description of the species
likely to be affected by the NPS project,
including brief introductions to the
species and relevant stocks as well as
available information regarding
population trends and threats, and
information regarding local occurrence,
are provided in NPS’s application and
the Federal Register notice for the
proposed IHA (82 FR 56953; December
1, 2017). 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
refer to additional species information
available in the NMFS SARs for Alaska
at https://www.nmfs.noaa.gov/pr/sars/
region.htm.
TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROJECT AREA
Common name
Scientific name
ESA/MMPA
status;
Strategic
(Y/N) 1
Stock
Stock abundance
(CV, Nmin, most
recent abundance
survey) 2
Annual
M/SI 3
PBR
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
Steller’s sea lion ........
Eumetopias jubatus ..
Eastern U.S. .............
-/-; N ............
Western U.S. ............
E/D; Y ..........
41,638 (n/a, 41,638,
2015).
50,983 .......................
306
236
2,498
108
169
104
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Family Phocidae (earless seals)
Harbor seal ................
Phoca vitulina
richardii.
Glacier Bay/Icy Strait
-/-; N ............
7,210 (n.a.; 5,647;
2011).
1 Endangered Species Act (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. Under the MMPA, a strategic stock is one for which the level of direct
human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; N
min is the minimum
estimate of stock abundance.
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3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or
range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
Note: Italicized species not authorized for take.
Both species in Table 1 are protected
under the MMPA and the Steller sea
lion is listed as endangered (Western
Distinct Population Segment) under the
Endangered Species Act (ESA). It was
determined that take will not occur for
Steller sea lions based on available
survey data and for the fact that NPS
will maintain a distance of 100 meters
from all Steller sea lions in the action
area. Therefore, Steller sea lions are not
discussed further in this IHA.
Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
The Federal Register notice for the
proposed IHA (82 FR 56953; December
1, 2017) included a discussion of the
effects of disturbance on marine
mammals and their habitat, therefore
that information is not repeated here;
please refer to the Federal Register
notice (82 FR 56953; December 1, 2017)
for that information. We provide only a
summary here.
The project will not result in
permanent impacts to habitats used
directly by marine mammals, such as
haul out sites, nor impacts to food
sources. Based on the available data,
previous monitoring reports from GLBA
NP, and studies described in the
proposed IHA, we anticipate that any
pinnipeds found in the vicinity of the
project could have short-term behavioral
reactions (i.e., may result in marine
mammals avoiding certain areas) due to
noise and visual disturbance generated
by: (1) Motorboat approaches and
departures and (2) human presence
during gull research activities. We
expect pinnipeds to return to a haul out
site within minutes to hours of the
stimulus based on previous research
(Johnson and Acevedo-Gutierrez, 2007;
Allen et al., 1985). Pinnipeds may be
temporarily displaced from their haul
out sites, but we do not expect that the
pinnipeds will permanently abandon a
haul out site during site monitoring as
activities are short in duration (30
minutes to up to 2 hours), and previous
surveys have demonstrated that seals
have returned to their haul out sites and
have not permanently abandoned the
sites.
Estimated Take
This section provides the amount of
take authorized in the IHA, which
informs both NMFS’s consideration of
whether the number of takes is ‘‘small’’
and the negligible impact
determination.
Harassment is the only type of take
expected to result from these activities.
Except with respect to certain activities
not pertinent here, section 3(18) of 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 will be by Level B
harassment only, in the form of
disruption of behavioral patterns for
individual marine mammals resulting
from exposure to motorboats and the
presence of NPS personnel. Based on
the nature of the activity, Level A
harassment is neither anticipated nor
authorized. As described previously, no
mortality is anticipated or authorized
for this activity. Below we describe how
the take is estimated.
Harbor seals may be disturbed when
vessels approach or researchers go
ashore for the purpose of monitoring
gull colonies and for the installation and
maintenance of the Lone Island weather
tower. Harbor seals tend to haul out in
small numbers at study sites. Using
monitoring report data from 2015 to
2017 (see raw data from Tables 1 of the
2017, 2016 and 2015 Monitoring
Reports), the average number of harbor
seals per survey visit was calculated to
estimate the approximate number of
seals observers will find on any given
survey day. As a result, the following
averages were determined for each
island: Boulder Island—average 3.45
seals, Flapjack Island—average 10.10
seals, Geikie Rock—average 9.58 seals,
and Lone Island average of 18.63 seals
(See Table 5). Estimated take for gull
and climate monitoring was calculated
by multiplying the average number of
seals observed during past gull
monitoring surveys (2015–2017) by the
number of total site visits. This includes
five visits to Boulder Island, Flapjack
Island, and Geikie Rock and nine visits
to Lone Island (to include four site visits
for climate monitoring activities).
Therefore, the total incidents of
harassment equals 283 (See Table 5).
During climate monitoring, which is
expected to take place between March
2018 to April 2018, and October 2018 to
February 2019, seal numbers are
expected to dramatically decline within
the action area. Although harbor seal
survey data within GLBA NP is lacking
during the months of October through
February, results from satellite telemetry
studies suggest that harbor seals travel
extensively beyond the boundaries of
GLBA NP during the post-breeding
season (September–April) (Womble and
Gende, 2013b). Therefore, using
observation data from past gull
monitoring activities (that occurred
from May to September) is applicable
when estimating take for climate
monitoring activities, as it will provide
the most conservative estimates.
TABLE 2—LEVEL B TAKES BY HARASSMENT DURING NPS GULL AND CLIMATE MONITORING ACTIVITIES
Average
number of
seals observed
per visit *
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Site for survey
Boulder Island ..................................................................
Flapjack Island .................................................................
Geikie Rock .....................................................................
Lone Island ......................................................................
Number of
site visits
3.45
10.10
9.58
18.63
Level B take 1
Percentage of
population
17.27
50.50
47.92
167.73
0.24
0.70
0.66
2.33
................................
Total ..........................................................................
5
5
5
** 9
283
3.93
1 See
Table 3 for NMFS’ three-point scale that categorizes pinniped disturbance reactions by severity. NMFS only considers responses falling
into Levels 2 and 3 as harassment (Level B) under the MMPA.
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* Data from 2015–2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017).
** Number includes four additional days for climate monitoring activities.
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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, and on the availability of
such species or stock for taking’’ for
certain subsistence uses. NMFS
regulations require applicants for IHAs
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 consider 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 mammal species or
stocks, and their habitat, as well as
subsistence uses. This considers the
nature of the potential adverse impact
being mitigated (likelihood, scope,
range). It further considers the
likelihood that the measure will be
effective if implemented (probability of
accomplishing the mitigating result if
implemented as planned) the likelihood
of effective implementation (probability
implemented as planned) and;
(2) the practicability of the measures
for applicant implementation, which
may consider such things as cost and
impact on operations.
Mitigation for Marine Mammals and
Their Habitat
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with gull and climate
monitoring activities within GBLA NP,
several mitigation measures for marine
mammals were selected for the NPS to
conduct. The following is a summation
of those mitigation measures presented
in the final IHA:
Pre-Survey Monitoring
Prior to deciding to land onshore to
conduct gull and climate monitoring,
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NPS researchers will use high-powered
image stabilizing binoculars from their
watercraft to document the number,
species, and location of hauled-out
marine mammals at each island. The
vessels will maintain a distance of 328
to 1,640 ft (100 to 500 m) from the
shoreline to allow the researchers to
conduct pre-survey monitoring. If
offshore predators, harbor seal pups of
less than one week of age, or Steller sea
lions are observed, researchers will
follow the protocols for site avoidance
discussed below. If neither of these
instances occur, researchers will then
perform a controlled landing on the
survey site.
Site Avoidance
If a harbor seal pup less than one
week old is observed near or within the
action area, researchers will not go
ashore to conduct the gull or climate
monitoring activities. Also, if Steller sea
lions are observed within or near the
study site, researchers will maintain a
distance of at least 100 m from the
animals at all times.
Controlled Landings
The researchers will determine
whether to approach the island based on
type of animals present. Researchers
will approach the island by motorboat at
a speed of approximately 2 to 3 knots
(2.3 to 3.4 mph). This will provide
enough time for any marine mammals
present to slowly enter the water
without panic (flushing). The
researchers will also select a pathway of
approach farthest from the hauled-out
harbor seals to minimize disturbance.
Minimize Predator Interactions
If the researchers visually observe
marine predators (i.e., killer whales)
present in the vicinity of hauled-out
marine mammals, the researchers will
not approach the study site.
Disturbance Reduction Protocols
While onshore at study sites, the
researchers will remain vigilant for
hauled-out marine mammals. If marine
mammals are present, the researchers
will move slowly and use quiet voices
to minimize disturbance to the animals
present.
Based on our evaluation of the
applicant’s 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
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rookeries, mating grounds, areas of
similar significance, and on the
availability of such species or stock for
subsistence uses.
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 ensuring that the
most value is obtained from the required
monitoring.
GLBANP submitted a marine mammal
monitoring plan in section 13 of their
application. Monitoring requirement
NMFS prescribes shall improve our
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.
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NPS will conduct marine mammal
monitoring during the project, in order
to implement the mitigation measures
that require real-time monitoring and to
gain a better understanding of marine
mammals and their impacts to the
project’s activities. The researchers will
monitor the area for pinnipeds during
all research activities. Monitoring
activities will consist of conducting and
recording observations of pinnipeds
within the vicinity of the proposed
research areas. The monitoring notes
will provide dates, location, species, the
researcher’s activity, behavioral state,
numbers of animals that were alert or
moved greater than one meter, and
numbers of pinnipeds that flushed into
the water.
The method for recording
disturbances is based on those
developed by Mortenson (1996). NPS
will record disturbances on a threepoint scale that represents an increasing
seal response to the disturbance (Table
3). NPS will record the time, source, and
duration of the disturbance, as well as
an estimated distance between the
source and haul out. NMFS considers
only responses falling into Levels 2 and
3 as harassment under the MMPA.
TABLE 3—SEAL RESPONSE TO 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. Alerts will be recorded, but not counted as a ‘take’.
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. These movements will be recorded and counted as a ‘take’.
All retreats (flushes) to the water. Flushing into the water will be recorded and counted as a ‘take’.
Previous Monitoring Results
As described in the notice of
proposed IHA, NPS has complied with
the monitoring requirements under the
previous authorizations. NMFS posted
the 2017 report on our website at
www.nmfs.noaa.gov/pr/permits/
incidental/research.htm and the results
from the previous NPS monitoring
reports. These reports support our
findings that the mitigation measures
required under the 2014–2017 IHAs
provide the means of effecting the least
practicable impact on the species or
stock.
sradovich on DSK3GMQ082PROD with NOTICES
Coordination
NPS will add to the knowledge of
pinnipeds in the proposed action area
by noting observations of: (1) Unusual
behaviors, numbers, or distributions of
pinnipeds, such that any potential
follow-up research can be conducted by
the appropriate personnel; (2) tagbearing carcasses of pinnipeds, allowing
transmittal of the information to
appropriate agencies and personnel; and
(3) rare or unusual species of marine
mammals for agency follow-up. NPS
actively monitors harbor seals at
breeding and molting haul out locations
to assess trends over time (e.g., Mathews
& Pendleton, 2006; Womble et al. 2010,
Womble and Gende, 2013b). This
monitoring program involves
collaborations with biologists from the
Alaska Department of Fish and Game,
and NMFS’ Alaska Fisheries Science
Center. NPS will continue these
collaborations and encourage continued
or renewed monitoring of marine
mammal species. NPS will coordinate
with state and Federal marine mammal
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biologists to determine what additional
data or observations may be useful for
monitoring marine mammals and haul
outs in GLBA NP. Additionally, NPS
will report vessel-based counts of
marine mammals, branded, or injured
animals, and all observed disturbances
to the appropriate state and Federal
agencies.
Reporting
NPS is required to submit a draft
monitoring report to NMFS no later than
90 days after the expiration of the
Incidental Harassment Authorization or
sixty days prior to the issuance of any
subsequent IHA for this project,
whichever comes first. The report will
include a summary of the information
gathered pursuant to the monitoring
requirements set forth in the
Authorization. NPS will submit a final
report to NMFS within 30 days after
receiving comments on the draft report.
If NPS receives no comments from
NMFS on the report, NMFS will
consider the draft report to be the final
report.
The report will describe the
operations conducted and sightings of
marine mammals near the proposed
project. The report will provide full
documentation of methods, results, and
interpretation pertaining to all
monitoring. The report will provide:
1. A summary and table of the dates,
times, and weather during all research
activities;
2. Species, number, location, and
behavior of any marine mammals
observed throughout all monitoring
activities;
3. An estimate of the number (by
species) of marine mammals exposed to
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acoustic or visual stimuli associated
with the research activities; and
4. A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the Authorization and full
documentation of methods, results, and
interpretation pertaining to all
monitoring.
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner
prohibited by the authorization, such as
an injury (Level A harassment), serious
injury, or mortality (e.g., vessel-strike,
stampede, etc.), NPS shall immediately
cease the specified activities and
immediately report the incident to the
Office of Protected Resources, NMFS
and the Alaska Regional Stranding
Coordinator. The report must include
the following information:
• Time, date, and location (latitude/
longitude) of the incident;
• Description and location of the
incident (including tide level if
applicable);
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Description of all marine mammal
observations in the 24 hours preceding
the incident;
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
NPS shall not resume its activities
until NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with NPS to determine
what is necessary to minimize the
likelihood of further prohibited take and
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sradovich on DSK3GMQ082PROD with NOTICES
ensure MMPA compliance. NPS may
not resume their activities until notified
by us via letter, email, or telephone.
In the event that NPS discovers an
injured or dead marine mammal, and
the lead researcher determines that the
cause of the injury or death is unknown
and the death is relatively recent (i.e., in
less than a moderate state of
decomposition as we describe in the
next paragraph), NPS will immediately
report the incident to the Office of
Protected Resources, NMFS and the
Alaska Regional Stranding Coordinator.
The report must include the same
information identified in the paragraph
above this section. Activities may
continue while we review the
circumstances of the incident. We will
work with NPS to determine whether
modifications in the activities are
appropriate.
In the event that NPS discovers an
injured or dead marine mammal, and
the lead visual observer determines that
the injury or death is not associated
with or related to the authorized
activities (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), NPS will report the incident to
the incident to the Office of Protected
Resources, NMFS and the Alaska
Regional Stranding Coordinator within
24 hours of the discovery. NPS
researchers will provide photographs or
video footage (if available) or other
documentation of the stranded animal
sighting to us. NPS can continue their
research activities.
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., 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
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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).
Due to the project’s minimal levels of
visual and acoustic disturbance, NMFS
does not expect NPS’s specified
activities to cause long-term behavioral
disturbance, abandonment of the haul
out area, injury, serious injury, or
mortality. Additional factors for our
negligible impact determination are
listed below:
• The takes from Level B harassment
will be due to potential behavioral
disturbance. The effects of the research
activities will be limited to short-term
startle responses and localized
behavioral changes due to the short and
sporadic duration of the research
activities;
• The proposed activities will not
take place in areas of significance for
marine mammal feeding, resting,
breeding, or pupping and will not
adversely impact marine mammal
habitat;
• The proposed activities will affect a
small portion of harbor seal habitat
within GLBA NP for only a short
amount of time. This, combined with a
large availability of alternate areas for
pinnipeds to haul out enables the seals
to effectively avoid disturbances from
research operations;
• Anecdotal observations and results
from previous monitoring reports show
that the pinnipeds returned to the
various sites and did not permanently
abandon haul out sites after NPS
conducted their research activities; and
• Harbor seals may flush in the water
despite researchers’ best efforts to keep
calm and quiet around seals; however,
injury or mortality has never been
documented nor is anticipated from
flushing events. Researchers will
approach study sites slowly to provide
enough time for any marine mammals
present to slowly enter the water
without panic.
As stated, NMFS does not anticipate
any injuries, serious injuries, or
mortalities to result from NPS’s
proposed activities and we do not
propose to authorize injury, serious
injury, or mortality. Harbor seals may
exhibit behavioral modifications,
including temporarily vacating the area
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6847
during the proposed gull and climate
research activities to avoid human
disturbance. Further, these proposed
activities will not take place in areas of
significance for marine mammal
feeding, resting, breeding, or pupping
and will not adversely impact marine
mammal habitat. Due to the nature,
degree, and context of the behavioral
harassment anticipated, we do not
expect the activities to impact annual
rates of recruitment or survival.
NMFS does not expect pinnipeds to
permanently abandon any area surveyed
by researchers, as is evidenced by
continued presence of pinnipeds at the
sites during annual gull monitoring. In
summary, NMFS anticipates that
impacts to hauled-out harbor seals
during NPS’ research activities will be
behavioral harassment of limited
duration (i.e., up to two hours per visit)
and limited intensity (i.e., temporary
flushing at most).
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, where estimated numbers
are available, NMFS compares the
number of individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
As mentioned previously, NMFS
estimates that NPS’ activities could
potentially affect, by Level B harassment
only, one species of marine mammal
under our jurisdiction. For harbor seals,
this estimate is small (3.93 percent, see
Table 4) relative to the Glacier Bay/Icy
Strait stock of harbor seals (7,210 seals,
see Table 1). In addition to this, there is
a high probability that repetitive takes of
the same animals may occur which
reduces the percentage of population
even further.
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Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices
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 subsistence uses of the
affected marine mammal stocks or
species implicated by this action. NPS
prohibits subsistence harvest of harbor
seals within the GLBA NP (Catton,
1995). Therefore, NMFS has determined
that the total taking of affected species
or stocks will not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
National Environmental Policy Act
Issuance of an MMPA 101(a)(5)(D)
authorization requires compliance with
the National Environmental Policy Act.
NMFS determined the issuance of the
proposed IHA is consistent with
categories of activities identified in CE
B4 (issuance of incidental harassment
authorizations under section
101(a)(5)(A) and (D) of the MMPA for
which no serious injury or mortality is
anticipated) of the Companion Manual
for NAO 216–6A and we have not
identified any extraordinary
circumstances listed in Chapter 4 of the
Companion Manual for NAO 216–6A
that would preclude this categorical
exclusion.
Endangered Species Act (ESA)
No incidental take of ESA-listed
species is proposed for authorization 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.
sradovich on DSK3GMQ082PROD with NOTICES
Authorization
NMFS has issued an IHA to the NPS
at Glacier Bay NP for the harassment of
small numbers of harbor seals incidental
to conducting monitoring and research
studies on glaucous-winged gulls within
GLBA NP, Alaska provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated.
Dated: February 9, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–03099 Filed 2–14–18; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF EDUCATION
[Docket No.: ED–2017–ICCD–0147]
Agency Information Collection
Activities; Submission to the Office of
Management and Budget for Review
and Approval; Comment Request;
Survey of Postgraduate Outcomes for
the Fulbright-Hays Doctoral
Dissertation Research Abroad (DDRA)
Program (Tracking Survey)
Office of Postsecondary
Education (OPE), Department of
Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED is
proposing a new information collection.
DATES: Interested persons are invited to
submit comments on or before March
19, 2018.
ADDRESSES: To access and review all the
documents related to the information
collection listed in this notice, please
use https://www.regulations.gov by
searching the Docket ID number ED–
2017–ICCD–0147. Comments submitted
in response to this notice should be
submitted electronically through the
Federal eRulemaking Portal at https://
www.regulations.gov by selecting the
Docket ID number or via postal mail,
commercial delivery, or hand delivery.
Please note that comments submitted by
fax or email and those submitted after
the comment period will not be
accepted. Written requests for
information or comments submitted by
postal mail or delivery should be
addressed to the Director of the
Information Collection Clearance
Division, U.S. Department of Education,
400 Maryland Avenue SW, LBJ, Room
216–34, Washington, DC 20202–4537.
FOR FURTHER INFORMATION CONTACT: For
specific questions related to collection
activities, please contact Sara Starke,
202–453–7681.
SUPPLEMENTARY INFORMATION: The
Department of Education (ED), in
accordance with the Paperwork
Reduction Act of 1995 (PRA) (44 U.S.C.
3506(c)(2)(A)), provides the general
public and Federal agencies with an
opportunity to comment on proposed,
revised, and continuing collections of
information. This helps the Department
assess the impact of its information
collection requirements and minimize
the public’s reporting burden. It also
helps the public understand the
Department’s information collection
requirements and provide the requested
data in the desired format. ED is
soliciting comments on the proposed
information collection request (ICR) that
SUMMARY:
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is described below. The Department of
Education is especially interested in
public comment addressing the
following issues: (1) Is this collection
necessary to the proper functions of the
Department; (2) will this information be
processed and used in a timely manner;
(3) is the estimate of burden accurate;
(4) how might the Department enhance
the quality, utility, and clarity of the
information to be collected; and (5) how
might the Department minimize the
burden of this collection on the
respondents, including through the use
of information technology. Please note
that written comments received in
response to this notice will be
considered public records.
Title of Collection: Survey of
Postgraduate Outcomes for the
Fulbright-Hays Doctoral Dissertation
Research Abroad (DDRA) Program
(Tracking Survey).
OMB Control Number: 1840–NEW.
Type of Review: A new information
collection.
Respondents/Affected Public:
Individuals or Households.
Total Estimated Number of Annual
Responses: 90.
Total Estimated Number of Annual
Burden Hours: 23.
Abstract: This survey will be used by
the Postgraduate Outcomes for the
Fulbright-Hays Doctoral Dissertation
Research Abroad (DDRA) grantee
institutions and fellows to provide
information used by the Department in
responding to DDRA GPRA performance
and efficiency measures. Fellows will
complete the survey online, and the
Department will access and report on
the collected data regarding fellows’
postgraduate employment. The survey is
necessary in order to respond to GPRA.
Dated: February 12, 2018.
Kate Mullan,
Acting Director, Information Collection
Clearance Division, Office of the Chief Privacy
Officer, Office of Management.
[FR Doc. 2018–03123 Filed 2–14–18; 8:45 am]
BILLING CODE 4000–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Radio Broadcasting Services; AM or
FM Proposals To Change the
Community of License
Federal Communications
Commission.
ACTION: Notice.
AGENCY:
The agency must receive
comments on or before April 16, 2018.
DATES:
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]]>Agencies
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6842-6848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03099]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XF776
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Gull and Climate Research in
Glacier Bay National Park, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the National Park Service to take, by harassment, one species of marine
mammal incidental to glaucous winged gull and climate monitoring
research activities in Glacier Bay National Park (GLBA NP), Alaska.
DATES: This IHA is applicable from March 1, 2018 through February 28,
2019.
FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, Office of
Protected Resources, NMFS, and (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Availability
An electronic copy of the IHA 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 (as delegated to NMFS) 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 IHA is
provided to the public for review.
An IHA for incidental takings shall be granted if NMFS finds that
the taking will have a negligible impact on the species or stock(s),
will not have an unmitigable adverse impact on the availability of the
species or stock(s) for subsistence uses (where relevant), and if the
permissible methods of taking 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.
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).
[[Page 6843]]
Summary of Request
On August 31 2017, NMFS received a request from the NPS for an IHA
to take marine mammals incidental to glaucous-winged gull and climate
monitoring research activities in GLBA NP, Alaska. The application was
considered adequate and complete on November 1, 2017. NPS's request is
for take of harbor seals by Level B harassment. NMFS previously issued
four IHAs to the NPS for similar work (82 FR 24681, May 20, 2017; 81 FR
34994, June 1, 2016; 80 FR 28229, March 24, 2015; 79 FR 56065,
September 18, 2014). Neither NPS nor NMFS expect mortality to result
from the research and, therefore, an IHA is appropriate.
Description of the Specified Activity
A detailed description of the planned GLBA NP project is provided
in the Federal Register notice for the proposed IHA (82 FR 56953;
December 1, 2017). Since that time, no changes have been made to the
planned activities. Therefore, we provide only a summary here. Please
refer to that Federal Register notice for the full description of the
specific activity.
NPS plans to conduct two research projects within GLBA NP,
southeast Alaska: (1) Glaucous-winged gull monitoring and (2) the
installation and maintenance of a weather station operation for long-
term climate monitoring. NPS will conduct ground and vessel surveys at
four study sites within GLBA NP for gull monitoring: Boulder Island,
Lone Island, Geikie Rock, and Flapjack Island. These sites will be
accessed up to five times per year. In addition, NPS will access Lone
Island an additional four times per year for weather station
installation, maintenance, and operation bringing the total number of
site visits to Lone Island to nine. This includes adding one additional
trip for any emergency repairs that may be needed. Researchers
accessing the islands for gull monitoring and weather station operation
may occasionally cause behavioral disturbance (or Level B harassment)
of harbor seals. NPS expects that the disturbance to harbor seals from
both projects will be minimal and only limited to Level B harassment.
The purposes for the above-mentioned research activities are as
follows. Gull monitoring studies are mandated by a Record of Decision
of a Legislative Environmental Impact Statement (LEIS) (NPS 2010) which
states that NPS must initiate a monitoring program for glaucous-winged
gulls (Larus glaucescens) to inform future native egg harvest by the
Hoonah Tlingit in Glacier Bay, Alaska. Installation of a new weather
station on Lone Island is being planned as one of several installations
intended to fill coverage gaps among existing weather stations in GLBA
NP (NPS 2015a). These new stations will be operated as the foundation
of a new long-term climate-monitoring program for GLBA NP.
Comments and Responses
A notice of NMFS's proposal to issue an IHA to the NPS was
published in the Federal Register on December 1, 2017 (82 FR 56953).
That notice described, in detail, GLBA NP'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 one comment letter from the Marine Mammal Commission
(Commission).
Comment 1: The Commission recommended that NMFS enumerate the
number of harbor seals that could be taken during the planned
activities by applying standard rounding rules before summing the
numbers of estimated takes across survey sites and survey days.
Response: Calculating predicted take is not an exact science and
there are arguments for taking different mathematical approaches in
different situations, and for making qualitative adjustments in other
situations. NMFS is currently engaged in developing a protocol to guide
more consistent take calculation given certain circumstances. We
believe, however, that the methodology for this action remains
appropriate.
Description of Marine Mammals in the Area of Specified Activities
A detailed description of the species likely to be affected by the
NPS project, including brief introductions to the species and relevant
stocks as well as available information regarding population trends and
threats, and information regarding local occurrence, are provided in
NPS's application and the Federal Register notice for the proposed IHA
(82 FR 56953; December 1, 2017). 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 refer to additional species information
available in the NMFS SARs for Alaska at https://www.nmfs.noaa.gov/pr/sars/region.htm.
Table 1--Marine Mammals That Could Occur in the Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stock abundance
ESA/MMPA status; (CV, Nmin, most Annual M/SI 3
Common name Scientific name Stock Strategic (Y/N) 1 recent abundance PBR
survey) 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller's sea lion............... Eumetopias jubatus.. Eastern U.S......... -/-; N.............. 41,638 (n/a, 306 236
41,638, 2015).
Western U.S......... E/D; Y.............. 50,983............. 2,498 108
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal...................... Phoca vitulina Glacier Bay/Icy -/-; N.............. 7,210 (n.a.; 5,647; 169 104
richardii. Strait. 2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
1 Endangered Species Act (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. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
stock abundance.
[[Page 6844]]
3 These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
with estimated mortality due to commercial fisheries is presented in some cases.
Note: Italicized species not authorized for take.
Both species in Table 1 are protected under the MMPA and the
Steller sea lion is listed as endangered (Western Distinct Population
Segment) under the Endangered Species Act (ESA). It was determined that
take will not occur for Steller sea lions based on available survey
data and for the fact that NPS will maintain a distance of 100 meters
from all Steller sea lions in the action area. Therefore, Steller sea
lions are not discussed further in this IHA.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The Federal Register notice for the proposed IHA (82 FR 56953;
December 1, 2017) included a discussion of the effects of disturbance
on marine mammals and their habitat, therefore that information is not
repeated here; please refer to the Federal Register notice (82 FR
56953; December 1, 2017) for that information. We provide only a
summary here.
The project will not result in permanent impacts to habitats used
directly by marine mammals, such as haul out sites, nor impacts to food
sources. Based on the available data, previous monitoring reports from
GLBA NP, and studies described in the proposed IHA, we anticipate that
any pinnipeds found in the vicinity of the project could have short-
term behavioral reactions (i.e., may result in marine mammals avoiding
certain areas) due to noise and visual disturbance generated by: (1)
Motorboat approaches and departures and (2) human presence during gull
research activities. We expect pinnipeds to return to a haul out site
within minutes to hours of the stimulus based on previous research
(Johnson and Acevedo-Gutierrez, 2007; Allen et al., 1985). Pinnipeds
may be temporarily displaced from their haul out sites, but we do not
expect that the pinnipeds will permanently abandon a haul out site
during site monitoring as activities are short in duration (30 minutes
to up to 2 hours), and previous surveys have demonstrated that seals
have returned to their haul out sites and have not permanently
abandoned the sites.
Estimated Take
This section provides the amount of take authorized in the IHA,
which informs both NMFS's consideration of whether the number of takes
is ``small'' and the negligible impact determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of 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 will be by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to motorboats and the presence of NPS
personnel. Based on the nature of the activity, Level A harassment is
neither anticipated nor authorized. As described previously, no
mortality is anticipated or authorized for this activity. Below we
describe how the take is estimated.
Harbor seals may be disturbed when vessels approach or researchers
go ashore for the purpose of monitoring gull colonies and for the
installation and maintenance of the Lone Island weather tower. Harbor
seals tend to haul out in small numbers at study sites. Using
monitoring report data from 2015 to 2017 (see raw data from Tables 1 of
the 2017, 2016 and 2015 Monitoring Reports), the average number of
harbor seals per survey visit was calculated to estimate the
approximate number of seals observers will find on any given survey
day. As a result, the following averages were determined for each
island: Boulder Island--average 3.45 seals, Flapjack Island--average
10.10 seals, Geikie Rock--average 9.58 seals, and Lone Island average
of 18.63 seals (See Table 5). Estimated take for gull and climate
monitoring was calculated by multiplying the average number of seals
observed during past gull monitoring surveys (2015-2017) by the number
of total site visits. This includes five visits to Boulder Island,
Flapjack Island, and Geikie Rock and nine visits to Lone Island (to
include four site visits for climate monitoring activities). Therefore,
the total incidents of harassment equals 283 (See Table 5).
During climate monitoring, which is expected to take place between
March 2018 to April 2018, and October 2018 to February 2019, seal
numbers are expected to dramatically decline within the action area.
Although harbor seal survey data within GLBA NP is lacking during the
months of October through February, results from satellite telemetry
studies suggest that harbor seals travel extensively beyond the
boundaries of GLBA NP during the post-breeding season (September-April)
(Womble and Gende, 2013b). Therefore, using observation data from past
gull monitoring activities (that occurred from May to September) is
applicable when estimating take for climate monitoring activities, as
it will provide the most conservative estimates.
Table 2--Level B Takes by Harassment During NPS Gull and Climate Monitoring Activities
----------------------------------------------------------------------------------------------------------------
Average number of
Site for survey seals observed per Number of site Level B take \1\ Percentage of
visit * visits population
----------------------------------------------------------------------------------------------------------------
Boulder Island.................. 3.45 5 17.27 0.24
Flapjack Island................. 10.10 5 50.50 0.70
Geikie Rock..................... 9.58 5 47.92 0.66
Lone Island..................... 18.63 ** 9 167.73 2.33
-----------------------------------------------------------
Total....................... .................. 283 3.93
----------------------------------------------------------------------------------------------------------------
\1\ See Table 3 for NMFS' three-point scale that categorizes pinniped disturbance reactions by severity. NMFS
only considers responses falling into Levels 2 and 3 as harassment (Level B) under the MMPA.
[[Page 6845]]
* Data from 2015-2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017).
** Number includes four additional days for climate monitoring activities.
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, and on
the availability of such species or stock for taking'' for certain
subsistence uses. NMFS regulations require applicants for IHAs 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 consider 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 mammal species or stocks, and their habitat, as
well as subsistence uses. This considers the nature of the potential
adverse impact being mitigated (likelihood, scope, range). It further
considers the likelihood that the measure will be effective if
implemented (probability of accomplishing the mitigating result if
implemented as planned) the likelihood of effective implementation
(probability implemented as planned) and;
(2) the practicability of the measures for applicant
implementation, which may consider such things as cost and impact on
operations.
Mitigation for Marine Mammals and Their Habitat
To reduce the potential for disturbance from acoustic and visual
stimuli associated with gull and climate monitoring activities within
GBLA NP, several mitigation measures for marine mammals were selected
for the NPS to conduct. The following is a summation of those
mitigation measures presented in the final IHA:
Pre-Survey Monitoring
Prior to deciding to land onshore to conduct gull and climate
monitoring, NPS researchers will use high-powered image stabilizing
binoculars from their watercraft to document the number, species, and
location of hauled-out marine mammals at each island. The vessels will
maintain a distance of 328 to 1,640 ft (100 to 500 m) from the
shoreline to allow the researchers to conduct pre-survey monitoring. If
offshore predators, harbor seal pups of less than one week of age, or
Steller sea lions are observed, researchers will follow the protocols
for site avoidance discussed below. If neither of these instances
occur, researchers will then perform a controlled landing on the survey
site.
Site Avoidance
If a harbor seal pup less than one week old is observed near or
within the action area, researchers will not go ashore to conduct the
gull or climate monitoring activities. Also, if Steller sea lions are
observed within or near the study site, researchers will maintain a
distance of at least 100 m from the animals at all times.
Controlled Landings
The researchers will determine whether to approach the island based
on type of animals present. Researchers will approach the island by
motorboat at a speed of approximately 2 to 3 knots (2.3 to 3.4 mph).
This will provide enough time for any marine mammals present to slowly
enter the water without panic (flushing). The researchers will also
select a pathway of approach farthest from the hauled-out harbor seals
to minimize disturbance.
Minimize Predator Interactions
If the researchers visually observe marine predators (i.e., killer
whales) present in the vicinity of hauled-out marine mammals, the
researchers will not approach the study site.
Disturbance Reduction Protocols
While onshore at study sites, the researchers will remain vigilant
for hauled-out marine mammals. If marine mammals are present, the
researchers will move slowly and use quiet voices to minimize
disturbance to the animals present.
Based on our evaluation of the applicant's 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,
areas of similar significance, and on the availability of such species
or stock for subsistence uses.
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 ensuring that the most value is obtained from the
required monitoring.
GLBANP submitted a marine mammal monitoring plan in section 13 of
their application. Monitoring requirement NMFS prescribes shall improve
our 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.
[[Page 6846]]
NPS will conduct marine mammal monitoring during the project, in
order to implement the mitigation measures that require real-time
monitoring and to gain a better understanding of marine mammals and
their impacts to the project's activities. The researchers will monitor
the area for pinnipeds during all research activities. Monitoring
activities will consist of conducting and recording observations of
pinnipeds within the vicinity of the proposed research areas. The
monitoring notes will provide dates, location, species, the
researcher's activity, behavioral state, numbers of animals that were
alert or moved greater than one meter, and numbers of pinnipeds that
flushed into the water.
The method for recording disturbances is based on those developed
by Mortenson (1996). NPS will record disturbances on a three-point
scale that represents an increasing seal response to the disturbance
(Table 3). NPS will record the time, source, and duration of the
disturbance, as well as an estimated distance between the source and
haul out. NMFS considers only responses falling into Levels 2 and 3 as
harassment under the MMPA.
Table 3--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 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. These
movements will be
recorded and
counted as a
`take'.
3....................... Flush................... All retreats
(flushes) to the
water. Flushing
into the water will
be recorded and
counted as a
`take'.
------------------------------------------------------------------------
Previous Monitoring Results
As described in the notice of proposed IHA, NPS has complied with
the monitoring requirements under the previous authorizations. NMFS
posted the 2017 report on our website at www.nmfs.noaa.gov/pr/permits/incidental/research.htm and the results from the previous NPS
monitoring reports. These reports support our findings that the
mitigation measures required under the 2014-2017 IHAs provide the means
of effecting the least practicable impact on the species or stock.
Coordination
NPS will add to the knowledge of pinnipeds in the proposed action
area by noting observations of: (1) Unusual behaviors, numbers, or
distributions of pinnipeds, such that any potential follow-up research
can be conducted by the appropriate personnel; (2) tag-bearing
carcasses of pinnipeds, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up. NPS actively monitors harbor seals
at breeding and molting haul out locations to assess trends over time
(e.g., Mathews & Pendleton, 2006; Womble et al. 2010, Womble and Gende,
2013b). This monitoring program involves collaborations with biologists
from the Alaska Department of Fish and Game, and NMFS' Alaska Fisheries
Science Center. NPS will continue these collaborations and encourage
continued or renewed monitoring of marine mammal species. NPS will
coordinate with state and Federal marine mammal biologists to determine
what additional data or observations may be useful for monitoring
marine mammals and haul outs in GLBA NP. Additionally, NPS will report
vessel-based counts of marine mammals, branded, or injured animals, and
all observed disturbances to the appropriate state and Federal
agencies.
Reporting
NPS is required to submit a draft monitoring report to NMFS no
later than 90 days after the expiration of the Incidental Harassment
Authorization or sixty days prior to the issuance of any subsequent IHA
for this project, whichever comes first. The report will include a
summary of the information gathered pursuant to the monitoring
requirements set forth in the Authorization. NPS will submit a final
report to NMFS within 30 days after receiving comments on the draft
report. If NPS receives no comments from NMFS on the report, NMFS will
consider the draft report to be the final report.
The report will describe the operations conducted and sightings of
marine mammals near the proposed project. The report will provide full
documentation of methods, results, and interpretation pertaining to all
monitoring. The report will provide:
1. A summary and table of the dates, times, and weather during all
research activities;
2. Species, number, location, and behavior of any marine mammals
observed throughout all monitoring activities;
3. An estimate of the number (by species) of marine mammals exposed
to acoustic or visual stimuli associated with the research activities;
and
4. A description of the implementation and effectiveness of the
monitoring and mitigation measures of the Authorization and full
documentation of methods, results, and interpretation pertaining to all
monitoring.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the
authorization, such as an injury (Level A harassment), serious injury,
or mortality (e.g., vessel-strike, stampede, etc.), NPS shall
immediately cease the specified activities and immediately report the
incident to the Office of Protected Resources, NMFS and the Alaska
Regional Stranding Coordinator. The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Description and location of the incident (including tide
level if applicable);
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
NPS shall not resume its activities until NMFS is able to review
the circumstances of the prohibited take. NMFS will work with NPS to
determine what is necessary to minimize the likelihood of further
prohibited take and
[[Page 6847]]
ensure MMPA compliance. NPS may not resume their activities until
notified by us via letter, email, or telephone.
In the event that NPS discovers an injured or dead marine mammal,
and the lead researcher determines that the cause of the injury or
death is unknown and the death is relatively recent (i.e., in less than
a moderate state of decomposition as we describe in the next
paragraph), NPS will immediately report the incident to the Office of
Protected Resources, NMFS and the Alaska Regional Stranding
Coordinator. The report must include the same information identified in
the paragraph above this section. Activities may continue while we
review the circumstances of the incident. We will work with NPS to
determine whether modifications in the activities are appropriate.
In the event that NPS discovers an injured or dead marine mammal,
and the lead visual observer determines that the injury or death is not
associated with or related to the authorized activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), NPS will report the incident to
the incident to the Office of Protected Resources, NMFS and the Alaska
Regional Stranding Coordinator within 24 hours of the discovery. NPS
researchers will provide photographs or video footage (if available) or
other documentation of the stranded animal sighting to us. NPS can
continue their research activities.
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).
Due to the project's minimal levels of visual and acoustic
disturbance, NMFS does not expect NPS's specified activities to cause
long-term behavioral disturbance, abandonment of the haul out area,
injury, serious injury, or mortality. Additional factors for our
negligible impact determination are listed below:
The takes from Level B harassment will be due to potential
behavioral disturbance. The effects of the research activities will be
limited to short-term startle responses and localized behavioral
changes due to the short and sporadic duration of the research
activities;
The proposed activities will not take place in areas of
significance for marine mammal feeding, resting, breeding, or pupping
and will not adversely impact marine mammal habitat;
The proposed activities will affect a small portion of
harbor seal habitat within GLBA NP for only a short amount of time.
This, combined with a large availability of alternate areas for
pinnipeds to haul out enables the seals to effectively avoid
disturbances from research operations;
Anecdotal observations and results from previous
monitoring reports show that the pinnipeds returned to the various
sites and did not permanently abandon haul out sites after NPS
conducted their research activities; and
Harbor seals may flush in the water despite researchers'
best efforts to keep calm and quiet around seals; however, injury or
mortality has never been documented nor is anticipated from flushing
events. Researchers will approach study sites slowly to provide enough
time for any marine mammals present to slowly enter the water without
panic.
As stated, NMFS does not anticipate any injuries, serious injuries,
or mortalities to result from NPS's proposed activities and we do not
propose to authorize injury, serious injury, or mortality. Harbor seals
may exhibit behavioral modifications, including temporarily vacating
the area during the proposed gull and climate research activities to
avoid human disturbance. Further, these proposed activities will not
take place in areas of significance for marine mammal feeding, resting,
breeding, or pupping and will not adversely impact marine mammal
habitat. Due to the nature, degree, and context of the behavioral
harassment anticipated, we do not expect the activities to impact
annual rates of recruitment or survival.
NMFS does not expect pinnipeds to permanently abandon any area
surveyed by researchers, as is evidenced by continued presence of
pinnipeds at the sites during annual gull monitoring. In summary, NMFS
anticipates that impacts to hauled-out harbor seals during NPS'
research activities will be behavioral harassment of limited duration
(i.e., up to two hours per visit) and limited intensity (i.e.,
temporary flushing at most).
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, where estimated numbers are
available, NMFS compares the number of individuals taken to the most
appropriate estimation of abundance of the relevant species or stock in
our determination of whether an authorization is limited to small
numbers of marine mammals. Additionally, other qualitative factors may
be considered in the analysis, such as the temporal or spatial scale of
the activities.
As mentioned previously, NMFS estimates that NPS' activities could
potentially affect, by Level B harassment only, one species of marine
mammal under our jurisdiction. For harbor seals, this estimate is small
(3.93 percent, see Table 4) relative to the Glacier Bay/Icy Strait
stock of harbor seals (7,210 seals, see Table 1). In addition to this,
there is a high probability that repetitive takes of the same animals
may occur which reduces the percentage of population even further.
[[Page 6848]]
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 subsistence uses of the affected marine mammal stocks
or species implicated by this action. NPS prohibits subsistence harvest
of harbor seals within the GLBA NP (Catton, 1995). Therefore, NMFS has
determined that the total taking of affected species or stocks will not
have an unmitigable adverse impact on the availability of such species
or stocks for taking for subsistence purposes.
National Environmental Policy Act
Issuance of an MMPA 101(a)(5)(D) authorization requires compliance
with the National Environmental Policy Act.
NMFS determined the issuance of the proposed IHA is consistent with
categories of activities identified in CE B4 (issuance of incidental
harassment authorizations under section 101(a)(5)(A) and (D) of the
MMPA for which no serious injury or mortality is anticipated) of the
Companion Manual for NAO 216-6A and we have not identified any
extraordinary circumstances listed in Chapter 4 of the Companion Manual
for NAO 216-6A that would preclude this categorical exclusion.
Endangered Species Act (ESA)
No incidental take of ESA-listed species is proposed for
authorization 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.
Authorization
NMFS has issued an IHA to the NPS at Glacier Bay NP for the
harassment of small numbers of harbor seals incidental to conducting
monitoring and research studies on glaucous-winged gulls within GLBA
NP, Alaska provided the previously mentioned mitigation, monitoring,
and reporting requirements are incorporated.
Dated: February 9, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-03099 Filed 2-14-18; 8:45 am]
BILLING CODE 3510-22-P
