Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California, 31372-31378 [2018-14440]
Download as PDF
<![CDATA[
31372
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
SVWID study is to assess fish passage
barriers, habitat conditions, water
quality, and fish presence/absence. This
research would benefit the affected
species by better informing plans to
improve drainage, minimize flooding,
and restore salmon habitat. Further, this
research would benefit listed species by
providing data about the status of these
species in agricultural drainage ditches
and small streams that may not
otherwise be studied. The SVWID
proposes to capture fish using seine
nets, minnow traps, and backpack
electrofishing equipment. Captured fish
would be held in aerated buckets,
identified to species, measured to
length, and released. The researchers do
not intend to kill any listed fish, but
some may die as an inadvertent result
of the research.
Permit 22127
The FWS is seeking a five-year
research permit to annually take
juvenile and adult PS Chinook salmon
and PS steelhead throughout the
Puyallup River watershed (Pierce and
King Counties, Washington state). The
purpose of the FWS study is to research
ESA-listed bull trout life history
diversity and gather information about
their temporal and spatial use of the
watershed at multiple life stages. Other
target species include brook trout
(Salvelinus fontinalis), cutthroat trout
(O. clarkii), and non-migratory sculpin
species (Shorthead, Torrent, and Riffle).
PS Chinook salmon and PS steelhead
would be incidentally during this study
because their ranges overlap the target
species. This research would benefit the
listed species by providing fine scale
information about their movement
timing and upstream residency. Those
data, in turn, would be used to inform
management and recovery actions. The
FWS proposes to capture fish using
electro-fykes, backpack electrofishing
equipment, gill nets, hook-and-line, and
minnow traps. Bull trout would be
anesthetized, PIT tagged, weighed,
measured for length, tissue sampled (fin
rays), and released. Other target species
would be euthanized for otolith and fin
ray analysis. All PS steelhead and PS
Chinook salmon would be captured,
handled, and immediately released. The
researchers do not propose to kill any of
the listed fish, but some may die as an
unintended result of the activities.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the applications, associated
documents, and comments submitted to
determine whether the applications
meet the requirements of section 10(a)
of the ESA and Federal regulations. The
final permit decisions will not be made
VerDate Sep<11>2014
16:43 Jul 03, 2018
Jkt 244001
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
Dated: June 28, 2018.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2018–14341 Filed 7–3–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG066
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 NMFS has issued an incidental
harassment authorization (IHA) to Point
Blue Conservation Science (Point Blue)
to incidentally harass, by Level B
harassment only, marine mammals
during seabird research activities in
central California.
DATES: This Authorization is effective
from July 7, 2018 through July 6, 2019.
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401. Electronic
copies of the application and supporting
documents, as well as a list of the
references cited in this document, may
be obtained online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. In case of problems accessing
these documents, please call the contact
listed above.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (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
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
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 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).
Summary of Request
On January 4, 2018, NMFS received a
request from Point Blue for an IHA to
take marine mammals incidental to
seabird research monitoring conducted
at three locations in central California.
Point Blue’s request is for take of
California sea lions (Zalophus
californianus), harbor seals (Phoca
vitulina), northern elephant seals
(Mirounga angustirostris), and Steller
sea lions (Eumetopias jubatus) by Level
B harassment only. Neither Point Blue
nor NMFS expect serious injury or
mortality to result from this activity
and, therefore, an IHA is appropriate.
NMFS previously issued eight IHAs to
Point Blue for similar work from 2006
through 2017 (72 FR 71121; December
14, 2007, 73 FR 77011; December 18,
2008, 75 FR 8677; February 19, 2010, 77
FR 73989; December 7, 2012, 78 FR
66686; November 6, 2013, 80 FR 80321;
December 24, 2015, 81 FR 34978; June
E:\FR\FM\05JYN1.SGM
05JYN1
31373
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
1, 2016, 82 FR 31759; July 7, 2017).
Point Blue complied with all the
requirements (e.g., mitigation,
monitoring, and reporting) of the
previous IHAs and information
regarding their monitoring results may
be found in the Estimated Take section.
The planned seabird research activities
will occur 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 research activities that have
been ongoing for thirty years. These
partners are conducting this research
under cooperative agreements with the
U.S. Fish and Wildlife Service (USFWS)
in consultation with the Gulf of the
Farallones National Marine Sanctuary.
We considered the IHA request for
2018–2019 activities as adequate and
complete on February 28, 2018.
Description of Activity
Point Blue plans 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. Take by Level B
harassment may occur due to incidental
disturbance of pinnipeds by researchers
during monitoring activities. A detailed
description of the planned research
project is provided in the Federal
Register notice for the proposed IHA (83
FR 20045; May 7, 2018). Since that time,
no changes have been made to the
planned research activities. Therefore, a
detailed description is not provided
here. Please refer to that Federal
Register notice for the description of the
specific activity.
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to the Point Blue was published
in the Federal Register on May 7, 2018
(83 FR 20045). That notice described, in
detail, Point Blue’s activities, the marine
mammal species that may be affected,
and the anticipated effects on marine
mammals. During the 30-day public
comment period, the Marine Mammal
Commission (Commission) provided
comments as described below and
concurred with NMFS’s findings and
recommended the issuance of an IHA,
subject to the inclusion of the
mitigation, monitoring, and reporting
measures.
Comment: The Commission requested
clarification of certain issues associated
with NMFS’s notice that one-year
renewals could be issued in certain
limited circumstances and expressed
concern that the process would bypass
the public notice and comment
requirements. The Commission also
suggested that NMFS should discuss the
possibility of renewals through a more
general route, such as a rulemaking,
instead of notice in a specific
authorization. The Commission further
recommended that if NMFS did not
pursue a more general route, that the
agency provide the Commission and the
public with a legal analysis supporting
our conclusion that this process is
consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
Response: The process of issuing a
renewal IHA does not bypass the public
notice and comment requirements of the
MMPA. The notice of the proposed IHA
expressly notifies the public that under
certain, limited conditions an applicant
could seek a renewal IHA for an
additional year. The notice describes the
conditions under which such a renewal
request could be considered and
expressly seeks public comment in the
event such a renewal is sought.
Importantly, such renewals would be
limited to where the activities are
identical or nearly identical to those
analyzed in the proposed IHA,
monitoring does not indicate impacts
that were not previously analyzed and
authorized, and the mitigation and
monitoring requirements remain the
same, all of which allow the public to
comment on the appropriateness and
effects of a renewal at the same time the
public provides comments on the initial
IHA. NMFS has, however, modified the
language for future proposed IHAs to
clarify that all IHAs, including renewal
IHAs, are valid for no more than one
year and that the agency would consider
only one renewal for a project at this
time. In addition, notice of issuance or
denial of a renewal IHA would be
published in the Federal Register, as are
all IHAs. Last, NMFS will publish on
our website a description of the renewal
process before any renewal is issued
utilizing the new process.
Description of Marine Mammals in the
Area of Specified Activities
A detailed description of the species
likely to be affected by the research and
monitoring 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, were provided in the
Federal Register notice for the proposed
IHA (83 FR 20045; May 7, 2018). Since
that time, we are not aware of any
changes in the status of these species
and stocks; therefore, detailed
descriptions are not provided here.
Please refer to that Federal Register
notice for these descriptions as well as
to NMFS’s website (https://
www.fisheries.noaa.gov/topic/
population-assessments/marinemammals) for generalized species
accounts. All species that could
potentially occur in the planned survey
areas are included in Table 1. Note that
Northern fur seals (Callorhinus ursinus)
and Guadalupe fur seals (Arctocephalus
townsendi) have been known to occur at
some seabird research sites. However,
their occurrence is extremely rare.
Therefore, Point Blue did not request
take of these species.
TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF STUDY AREAS
Species
Scientific name
ESA/
MMPA
status;
strategic
(Y/N) 1
Stock
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
PBR
Annual
M/SI 3
amozie on DSK3GDR082PROD with NOTICES1
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals and sea lions)
California sea lion ..................... Zalophus californianus ........
Steller sea lion ..........................
Family Phocidae (earless seals)
Harbor seal ...............................
VerDate Sep<11>2014
17:33 Jul 03, 2018
U.S. ......................................
–; N
Eumetopias jubatus .............
Eastern U.S. ........................
D; Y
Phoca vitulina richardii ........
California .............................
–; N
Jkt 244001
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
296,750 (n/a; 153,337;
2011).
41,638 (n/a; 41,638; 2015) ..
9,200
389
2,498
108
30,968 (0.157; 27,348;
2012).
1,641
43
E:\FR\FM\05JYN1.SGM
05JYN1
31374
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF STUDY AREAS—Continued
Species
Northern elephant seal .............
ESA/
MMPA
status;
strategic
(Y/N) 1
Scientific name
Stock
Mirounga angustirostris .......
California breeding stock .....
–; N
Stock abundance
(CV, Nmin, most recent
abundance survey) 2
Annual
M/SI 3
PBR
179,000 (n/a; 81,368; 2010)
4,882
8.8
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. 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 species’ (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 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.
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 (83 FR 20045; May
7, 2018) 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 provides an estimate of
the number of incidental takes
authorized through this IHA, which will
inform both NMFS’s consideration of
‘‘small numbers’’ 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 are by Level B
harassment only, in the form of
disruption of behavioral patterns for
individual marine mammals resulting
from exposure to pedestrian researchers.
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. NMFS bases these
take estimates on historical data from
five previous monitoring reports of the
same activity to generate 95 percent
confidence interval maximums
(assuming normal distribution) using
STATA, a general-purpose statistical
computer software package. Results are
shown in Table 2. Takes recorded in all
previous monitoring reports were based
on occurrences that are consistent with
Levels 2 and 3 of the three-point-scale
(See Table 4). For California sea lions
and harbor seals, NMFS elected to use
the values projected as shown in Table
2. However, since the projected take
numbers for northern elephant seals and
Steller sea lions were very close to
recorded takes in 2017–2018, NMFS
increased the take numbers for these
species by 20 percent over the actual
2017–2018 take numbers shown in
Table 2. This provides a buffer so Point
Blue can continue their work if recorded
takes for those two species exceeded
take numbers generated by the STATA
program. Authorized take numbers are
shown in Table 3.
TABLE 2—PAST REPORTED TAKE OBSERVATIONS AND ESTIMATED TAKE AUTHORIZED FOR 2018–2019 POINT BLUE
ACTIVITIES ACCORDING TO STATISTICAL ANALYSIS
Reported take observations from past seasons 1
Species
IHA
(2013–2014)
California Sea Lions .................................
Northern Elephant Seals ..........................
Harbor Seals ............................................
Steller Sea Lions (E–DPS) ......................
1 Large
IHA
(2014–2015)
3,610
67
109
4
IHA
(2015–2016)
2,254
30
141
12
4,646
97
259
6
IHA
(2016)
IHA
(2017)
1 36,397
169
292
31
22,612
198
234
35
Authorized
take
2018–2019
IHA
32,623
239
304
43
˜
increase in California sea lions likely due to El Nino event.
amozie on DSK3GDR082PROD with NOTICES1
TABLE 3—POPULATION ABUNDANCE ESTIMATES, TOTAL LEVEL B TAKE, AND PERCENTAGE OF POPULATION THAT MAY BE
TAKEN
Stock
abundance
Species
Stock
California sea lion ...........................................
Northern elephant seal ...................................
Harbor seal .....................................................
U.S .................................................................
California breeding stock ...............................
California ........................................................
VerDate Sep<11>2014
17:33 Jul 03, 2018
Jkt 244001
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
296,750
179,000
30,968
E:\FR\FM\05JYN1.SGM
05JYN1
Total level B
take
32,623
239
304
Percentage of
stock or
population
10.9
0.13
0.98
31375
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
TABLE 3—POPULATION ABUNDANCE ESTIMATES, TOTAL LEVEL B TAKE, AND PERCENTAGE OF POPULATION THAT MAY BE
TAKEN—Continued
Stock
abundance
Species
Stock
Steller sea lion ................................................
Eastern U.S ....................................................
amozie on DSK3GDR082PROD with NOTICES1
Mitigation Measures
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
(latter not applicable for this action).
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 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. 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,
impact on operations,.
Mitigation for Marine Mammals and
Their Habitat
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
VerDate Sep<11>2014
16:43 Jul 03, 2018
Jkt 244001
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 survey activities
Point Blue will implement the following
mitigation measures for marine
mammals:
(1) Slow approach to beaches for boat
landings to avoid stampede, provide
animals opportunity to enter water, and
avoid vessel strikes;
(2) Observe a site from a distance,
using binoculars if necessary, to detect
any marine mammals prior to approach
to determine if mitigation is required
(i.e., site surveys will not be conducted
if fur seals are present; if other
pinnipeds are present, researchers will
approach with caution, walking slowly,
quietly, and close to the ground to avoid
surprising any hauled-out individuals
and to reduce flushing/stampeding of
individuals);
(3) Avoid pinnipeds along access
ways to sites by locating and taking a
different access way. Researchers will
keep a safe distance from and not
approach any marine mammal while
conducting research, unless it is
absolutely necessary to flush a marine
mammal in order to continue
conducting research (i.e., if a site cannot
be accessed or sampled due to the
presence of pinnipeds);
(4) Cease or delay visits if the number
of takes that have been granted are met,
if a species for which takes were not
granted is observed (e.g., northern fur
seals and Guadalupe fur seals), or if
pups are present
(5) 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;
(6) Keep voices hushed and bodies
low to the ground in the visual presence
of pinnipeds;
(7) Conduct seabird observations at
North Landing on SEFI in an
observation blind, shielded from the
view of hauled out pinnipeds;
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
41,638
Total level B
take
43
Percentage of
stock or
population
0.10
(8) Crawl slowly to access seabird nest
boxes on ANI if pinnipeds are within
view;
(9) 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; and
(10) Require beach landings on ANI
only occur after any pinnipeds that
might be present on the landing beach
have entered the water.
Based on our evaluation of the
applicant’s 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 planned action area.
Effective reporting is critical both to
compliance as well as 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
E:\FR\FM\05JYN1.SGM
05JYN1
31376
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
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) 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 will 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.
Note that the lead biologist should
serve as an observer to record incidental
take. For consistency, any reactions by
pinnipeds to researchers will be
recorded according to a three-point
scale shown in Table 4. Note that only
observations of disturbance noted in
Levels 2 and 3 should be recorded as
takes.
TABLE 4—LEVELS OF PINNIPED BEHAVIORAL DISTURBANCE
Level
Type of response
Definition
1 ...........
Alert ..............................................................
2 * .........
Movement ....................................................
2 ** ........
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.
amozie on DSK3GDR082PROD with NOTICES1
* 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, 2018 through December
31, 2018. 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, 2019. 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 the NMFS West
Coast Regional Office.
VerDate Sep<11>2014
16:43 Jul 03, 2018
Jkt 244001
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
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
likelihood of further prohibited take and
ensure MMPA compliance. Point 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. 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),
E:\FR\FM\05JYN1.SGM
05JYN1
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
amozie on DSK3GDR082PROD with NOTICES1
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., 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).
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
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
VerDate Sep<11>2014
16:43 Jul 03, 2018
Jkt 244001
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 including short-duration
startle reactions, are not likely to
constitute disruption of behavioral
patterns, such as migration, nursing,
breeding, feeding, or sheltering (though
the potential exists). These short
duration disturbances (in many cases
animals will return in 30 minutes or
less) will generally allow marine
mammals to reoccupy haulouts
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 generally do not 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 primarily 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 serious injury or mortality is
anticipated or authorized.
• Only limited behavioral disturbance
in the form of short-duration startle
reactions is expected while mitigation
requirements employed by researchers
(e.g. move slowly, use hushed voices)
should further decrease disturbance
levels.
• There is no activity near rookeries
and researchers will avoid pups.
• There is likely to be limited impact
from boats due to their small size,
maneuverability and the requirement to
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
31377
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
required monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from the planned
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 four marine mammal
stocks could potentially be affected by
Level B harassment under the
authorization. For each stock, these
numbers are small relative to the
population size. As shown previously in
Table 3, these incidental harassment
numbers represent approximately 10.9
percent of the U.S. stock of California
sea lion, 0.98 percent of the California
stock of Pacific harbor seal, 0.13 percent
of the California breeding stock of
northern elephant seal, and 0.10 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.
Based on the analysis contained
herein of the planned activity (including
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.
E:\FR\FM\05JYN1.SGM
05JYN1
31378
Federal Register / Vol. 83, No. 129 / Thursday, July 5, 2018 / Notices
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.
National Environmental Policy Act
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 (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
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. Accordingly, NMFS has
determined that the issuance of the IHA
qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act (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.
Authorization
As a result of these determinations,
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 requirements are incorporated.
Dated: June 29, 2018.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2018–14440 Filed 7–3–18; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
amozie on DSK3GDR082PROD with NOTICES1
Patent and Trademark Office
USPTO Websites Customer
Satisfaction Surveys
ACTION:
Proposed collection; comment
request.
The United States Patent and
Trademark Office (USPTO), as required
SUMMARY:
VerDate Sep<11>2014
16:43 Jul 03, 2018
Jkt 244001
by the Paperwork Reduction Act of
1995, invites comments on a proposed
new information collection.
DATES: Written comments must be
submitted on or before September 4,
2018.
ADDRESSES: You may submit comments
by any of the following methods:
• Email: InformationCollection@
uspto.gov. Include ‘‘0651—New:
Generic Clearance comment’’ in the
subject line of the message.
• Federal Rulemaking Portal: https://
www.regulations.gov.
• Mail: Marcie Lovett, Director,
Records and Information Governance
Division, Office of the Chief Information
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Marcie Lovett,
Director, Records and Information
Governance Division, Office of the Chief
Information Officer, United States
Patent and Trademark Office, P.O. Box
1450, Alexandria, VA 22313–1450; by
telephone at 571–272–8123; or by email
to Marcie.Lovett@uspto.gov with
‘‘Generic Clearance’’ in the subject line.
Additional information about this
collection can be found at https://
www.reginfo.gov under ‘‘Information
Collection Review.’’
SUPPLEMENTARY INFORMATION:
I. Abstract
This proposed information collection
covers information gathered on the
USPTO Websites Customer Satisfaction
Surveys. These surveys provide a means
to consistently assess, benchmark, and
improve customer satisfaction with
USPTO websites. The agency has
partnered with ForeSee Results, Inc. to
conduct this information collection.
ForeSee Results’ methodology
(Customer Experience Analytics or
CXA) is a derivative of the widely used
American Customer Satisfaction Index
(ACSI). This methodology combines
survey data and a patented econometric
model to precisely measure the
customer satisfaction of website users,
identify specific areas for improvement,
and determine the impact of those
improvements on customer satisfaction.
The ultimate purpose of the surveys
covered in this collection is to improve
the quality of goods and services
available to customers of the USPTO.
The USPTO Websites Customer
Satisfaction Surveys will be completed
subject to the Privacy Act of 1974,
Public Law 93–579, December 31, 1974
(5 U.S.C. 522a). The agency information
collection will be used solely for the
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
purpose of the surveys. The contractor
will not be authorized to release any
USPTO information obtained through
surveys without first obtaining
permission from USPTO. In no case will
any new system of records containing
privacy information be developed by the
USPTO or the contractor collecting the
data. In addition, USPTO provides
ForeSee only information sufficient to
randomly select website visitors as
potential survey respondents.
The information collected in the
surveys will enable USPTO to
determine customer satisfaction metrics
among various visitor sub-groups. This
information collection will assist
USPTO in improving customer service
and addressing areas of concern in a
targeted manner. This survey does not
ask any questions of a sensitive nature
or regarding sensitive topics. There is no
other agency or organization able to
provide the information that is
accessible through the surveying
approach used in this information
collection.
II. Method of Collection
Customers will respond to the surveys
electronically, as hosted on USPTO
websites.
III. Data
OMB Number: 0651—New.
IC Instruments and Forms: The
individual instruments in this
collection, as well as their associated
forms, are listed in the table below.
Type of Review: New collection.
Affected Public: Individuals and
households; businesses or other forprofits; and not-for-profit institutions.
Estimated Number of Respondents:
100,000 responses per year.
Estimated Time per Response:
Approximately 8 minutes (0.133 hours)
per response.
Estimated Total Annual Respondent
Burden Hours: 13,333.33 hours.
Estimated Total Annual Respondent
(Hourly) Cost Burden: $2,716,133.33.
The USPTO expects that attorneys,
paralegals and pro se applicants will
complete these applications. The
professional hourly rate for attorneys is
$438, and the hourly rates for paralegals
and pro se applicants are $145 and
$28.14, respectively. The combination
of these respondent types brings the
average respondent rate to $203.71. The
sources for these rates are the 2017
Report of the Economic Survey of the
American Intellectual Property
Association (AIPLA), the 2016 National
Utilization and Compensation Survey
Report of the National Association of
the Legal Assistants (NALA), and the
mean rate for office and administrative
E:\FR\FM\05JYN1.SGM
05JYN1
]]>Agencies
[Federal Register Volume 83, Number 129 (Thursday, July 5, 2018)]
[Notices]
[Pages 31372-31378]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-14440]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG066
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 NMFS has issued an incidental harassment authorization (IHA) to
Point Blue Conservation Science (Point Blue) to incidentally harass, by
Level B harassment only, marine mammals during seabird research
activities in central California.
DATES: This Authorization is effective from July 7, 2018 through July
6, 2019.
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (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
authorization is provided to the public for review.
An authorization 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).
Summary of Request
On January 4, 2018, NMFS received a request from Point Blue for an
IHA to take marine mammals incidental to seabird research monitoring
conducted at three locations in central California. Point Blue's
request is for take of California sea lions (Zalophus californianus),
harbor seals (Phoca vitulina), northern elephant seals (Mirounga
angustirostris), and Steller sea lions (Eumetopias jubatus) by Level B
harassment only. Neither Point Blue nor NMFS expect serious injury or
mortality to result from this activity and, therefore, an IHA is
appropriate.
NMFS previously issued eight IHAs to Point Blue for similar work
from 2006 through 2017 (72 FR 71121; December 14, 2007, 73 FR 77011;
December 18, 2008, 75 FR 8677; February 19, 2010, 77 FR 73989; December
7, 2012, 78 FR 66686; November 6, 2013, 80 FR 80321; December 24, 2015,
81 FR 34978; June
[[Page 31373]]
1, 2016, 82 FR 31759; July 7, 2017). Point Blue complied with all the
requirements (e.g., mitigation, monitoring, and reporting) of the
previous IHAs and information regarding their monitoring results may be
found in the Estimated Take section. The planned seabird research
activities will occur 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 research activities that have been ongoing for thirty years.
These partners are conducting this research under cooperative
agreements with the U.S. Fish and Wildlife Service (USFWS) in
consultation with the Gulf of the Farallones National Marine Sanctuary.
We considered the IHA request for 2018-2019 activities as adequate and
complete on February 28, 2018.
Description of Activity
Point Blue plans 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. Take by Level B harassment
may occur due to incidental disturbance of pinnipeds by researchers
during monitoring activities. A detailed description of the planned
research project is provided in the Federal Register notice for the
proposed IHA (83 FR 20045; May 7, 2018). Since that time, no changes
have been made to the planned research activities. Therefore, a
detailed description is not provided here. Please refer to that Federal
Register notice for the description of the specific activity.
Comments and Responses
A notice of NMFS's proposal to issue an IHA to the Point Blue was
published in the Federal Register on May 7, 2018 (83 FR 20045). That
notice described, in detail, Point Blue's activities, the marine mammal
species that may be affected, and the anticipated effects on marine
mammals. During the 30-day public comment period, the Marine Mammal
Commission (Commission) provided comments as described below and
concurred with NMFS's findings and recommended the issuance of an IHA,
subject to the inclusion of the mitigation, monitoring, and reporting
measures.
Comment: The Commission requested clarification of certain issues
associated with NMFS's notice that one-year renewals could be issued in
certain limited circumstances and expressed concern that the process
would bypass the public notice and comment requirements. The Commission
also suggested that NMFS should discuss the possibility of renewals
through a more general route, such as a rulemaking, instead of notice
in a specific authorization. The Commission further recommended that if
NMFS did not pursue a more general route, that the agency provide the
Commission and the public with a legal analysis supporting our
conclusion that this process is consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
Response: The process of issuing a renewal IHA does not bypass the
public notice and comment requirements of the MMPA. The notice of the
proposed IHA expressly notifies the public that under certain, limited
conditions an applicant could seek a renewal IHA for an additional
year. The notice describes the conditions under which such a renewal
request could be considered and expressly seeks public comment in the
event such a renewal is sought. Importantly, such renewals would be
limited to where the activities are identical or nearly identical to
those analyzed in the proposed IHA, monitoring does not indicate
impacts that were not previously analyzed and authorized, and the
mitigation and monitoring requirements remain the same, all of which
allow the public to comment on the appropriateness and effects of a
renewal at the same time the public provides comments on the initial
IHA. NMFS has, however, modified the language for future proposed IHAs
to clarify that all IHAs, including renewal IHAs, are valid for no more
than one year and that the agency would consider only one renewal for a
project at this time. In addition, notice of issuance or denial of a
renewal IHA would be published in the Federal Register, as are all
IHAs. Last, NMFS will publish on our website a description of the
renewal process before any renewal is issued utilizing the new process.
Description of Marine Mammals in the Area of Specified Activities
A detailed description of the species likely to be affected by the
research and monitoring 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, were provided in the Federal Register notice for the
proposed IHA (83 FR 20045; May 7, 2018). Since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions as well as to
NMFS's website (https://www.fisheries.noaa.gov/topic/population-assessments/marine-mammals) for generalized species accounts. All
species that could potentially occur in the planned survey areas are
included in Table 1. Note that Northern fur seals (Callorhinus ursinus)
and Guadalupe fur seals (Arctocephalus townsendi) have been known to
occur at some seabird research sites. However, their occurrence is
extremely rare. Therefore, Point Blue did not request take of these
species.
Table 1--Marine Mammals Potentially Present in the Vicinity of Study Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/MMPA status; Stock abundance (CV,
Species Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and sea lions)
California sea lion............. Zalophus californianus. U.S.................... -; N 296,750 (n/a; 153,337; 9,200 389
2011).
Steller sea lion................ Eumetopias jubatus..... Eastern U.S............ D; Y 41,638 (n/a; 41,638; 2,498 108
2015).
Family Phocidae (earless seals)
Harbor seal..................... Phoca vitulina California............. -; N 30,968 (0.157; 27,348; 1,641 43
richardii. 2012).
[[Page 31374]]
Northern elephant seal.......... Mirounga angustirostris California breeding -; N 179,000 (n/a; 81,368; 4,882 8.8
stock. 2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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. 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 species' (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\ 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.
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
(83 FR 20045; May 7, 2018) 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 provides an estimate of the number of incidental takes
authorized through this IHA, which will inform both NMFS's
consideration of ``small numbers'' 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 are by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to pedestrian researchers. 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. NMFS
bases these take estimates on historical data from five previous
monitoring reports of the same activity to generate 95 percent
confidence interval maximums (assuming normal distribution) using
STATA, a general-purpose statistical computer software package. Results
are shown in Table 2. Takes recorded in all previous monitoring reports
were based on occurrences that are consistent with Levels 2 and 3 of
the three-point-scale (See Table 4). For California sea lions and
harbor seals, NMFS elected to use the values projected as shown in
Table 2. However, since the projected take numbers for northern
elephant seals and Steller sea lions were very close to recorded takes
in 2017-2018, NMFS increased the take numbers for these species by 20
percent over the actual 2017-2018 take numbers shown in Table 2. This
provides a buffer so Point Blue can continue their work if recorded
takes for those two species exceeded take numbers generated by the
STATA program. Authorized take numbers are shown in Table 3.
Table 2--Past Reported Take Observations and Estimated Take Authorized for 2018-2019 Point Blue Activities According to Statistical Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reported take observations from past seasons \1\ Authorized
Species -------------------------------------------------------------------------------- take 2018-2019
IHA (2013- IHA (2014- IHA (2015- IHA (2016) IHA (2017) IHA
---------------------------------------------------------------2014)-----------2015)-----------2016)----------------------------------------------------
California Sea Lions.................................... 3,610 2,254 4,646 \1\ 36,397 22,612 32,623
Northern Elephant Seals................................. 67 30 97 169 198 239
Harbor Seals............................................ 109 141 259 292 234 304
Steller Sea Lions (E-DPS)............................... 4 12 6 31 35 43
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Large increase in California sea lions likely due to El Ni[ntilde]o event.
Table 3--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 32,623 10.9
Northern elephant seal................ California breeding 179,000 239 0.13
stock.
Harbor seal........................... California.............. 30,968 304 0.98
[[Page 31375]]
Steller sea lion...................... Eastern U.S............. 41,638 43 0.10
----------------------------------------------------------------------------------------------------------------
Mitigation Measures
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 (latter not applicable for this action). 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 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.
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, impact on
operations,.
Mitigation for Marine Mammals and Their Habitat
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 survey activities Point Blue will implement the
following mitigation measures for marine mammals:
(1) Slow approach to beaches for boat landings to avoid stampede,
provide animals opportunity to enter water, and avoid vessel strikes;
(2) Observe a site from a distance, using binoculars if necessary,
to detect any marine mammals prior to approach to determine if
mitigation is required (i.e., site surveys will not be conducted if fur
seals are present; if other pinnipeds are present, researchers will
approach with caution, walking slowly, quietly, and close to the ground
to avoid surprising any hauled-out individuals and to reduce flushing/
stampeding of individuals);
(3) Avoid pinnipeds along access ways to sites by locating and
taking a different access way. Researchers will keep a safe distance
from and not approach any marine mammal while conducting research,
unless it is absolutely necessary to flush a marine mammal in order to
continue conducting research (i.e., if a site cannot be accessed or
sampled due to the presence of pinnipeds);
(4) Cease or delay visits if the number of takes that have been
granted are met, if a species for which takes were not granted is
observed (e.g., northern fur seals and Guadalupe fur seals), or if pups
are present
(5) 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;
(6) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds;
(7) Conduct seabird observations at North Landing on SEFI in an
observation blind, shielded from the view of hauled out pinnipeds;
(8) Crawl slowly to access seabird nest boxes on ANI if pinnipeds
are within view;
(9) 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; and
(10) Require beach landings on ANI only occur after any pinnipeds
that might be present on the landing beach have entered the water.
Based on our evaluation of the applicant's 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
planned action area. Effective reporting is critical both to compliance
as well as 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
[[Page 31376]]
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 will 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.
Note that the lead biologist should serve as an observer to record
incidental take. For consistency, any reactions by pinnipeds to
researchers will be recorded according to a three-point scale shown in
Table 4. Note that only observations of disturbance noted in Levels 2
and 3 should be recorded as takes.
Table 4--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.
2 **.............. 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, 2018
through December 31, 2018. 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,
2019. 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 the
NMFS West Coast Regional 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. Point 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. 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),
[[Page 31377]]
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).
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 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 including short-duration startle reactions,
are not likely to constitute disruption of behavioral patterns, such as
migration, nursing, breeding, feeding, or sheltering (though the
potential exists). These short duration disturbances (in many cases
animals will return in 30 minutes or less) will generally allow marine
mammals to reoccupy haulouts 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 generally do not 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 primarily
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 serious injury or mortality is anticipated or
authorized.
Only limited behavioral disturbance in the form of short-
duration startle reactions is expected while mitigation requirements
employed by researchers (e.g. move slowly, use hushed voices) should
further decrease disturbance levels.
There is no activity near rookeries and researchers will
avoid pups.
There is likely to be 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 required monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned 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 four marine mammal
stocks could potentially be affected by Level B harassment under the
authorization. For each stock, these numbers are small relative to the
population size. As shown previously in Table 3, these incidental
harassment numbers represent approximately 10.9 percent of the U.S.
stock of California sea lion, 0.98 percent of the California stock of
Pacific harbor seal, 0.13 percent of the California breeding stock of
northern elephant seal, and 0.10 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.
Based on the analysis contained herein of the planned activity
(including 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.
[[Page 31378]]
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.
National Environmental Policy Act
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 (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) 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. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Endangered Species Act (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.
Authorization
As a result of these determinations, 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 requirements are incorporated.
Dated: June 29, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2018-14440 Filed 7-3-18; 8:45 am]
BILLING CODE 3510-22-P
