Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Wildlife Refuge Complex Research, Monitoring, and Maintenance Activities in Massachusetts, 18259-18264 [2019-08744]
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices
Depensation: A decline in
productivity in a population as the
abundance declines that can result in
increased extinction risk due to factors
such as the uncertainty that mates will
be able to find one another, randomly
skewed sex ratios, changes in predator
behavior to shifting prey abundance, or
scaling effects of random variation
among individuals.
Major Threat: A threat whose scope,
immediacy, and intensity results in a
response by the species that prevents
the improvement of its status to the
point that such species may not be
reclassified or delisted based on the
factors set out in section 4(a)(1) of the
ESA. Conversely, non-major threats are
those threats whose scope, immediacy,
and intensity results in a response by
the species but singularly or
cumulatively do not prevent the
improvement of its status to the point
that such species may be reclassified or
delisted based on the factors set out in
section 4(a)(1) of the ESA.
Productivity: The population growth
rate, over the entire life cycle. Factors
that affect population growth rate
provide information on how well a
population is ‘‘performing.’’ These
parameters, and related trends in
abundance, reflect conditions that drive
a population’s dynamics and thus
determine its abundance. Changes in
environmental conditions, including
ecological interactions, can influence a
population’s intrinsic productivity, the
environment’s capacity to support a
population, or both. Such changes may
result from random environmental
variation over a wide range of temporal
scales (environmental stochasticity). A
population growth rate that is unstable
or declining over a long period of time
indicates poor resiliency to future
environmental change.
Technically Feasible: The scientific,
engineering, and operational aspects of
management or protective actions that
are capable of being implemented.
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References
A complete list of all references cited
herein is available upon request (see FOR
FURTHER INFORMATION CONTACT).
Withdrawal From the 1994 Interagency
Cooperative Policy on Recovery Plan
Participation and Implementation
Under the Endangered Species Act
With this notice, we also are
announcing NMFS’ withdrawal from the
1994 Interagency Cooperative Policy on
Recovery Plan Participation and
Implementation Under the Endangered
Species Act. On July 1, 1994, NMFS and
the Fish and Wildlife Service (FWS)
published notice of six joint policy
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statements on various issues involving
implementation of the ESA (59 FR
34270). One of these, the Interagency
Cooperative Policy on Recovery Plan
Participation and Implementation
Under the Endangered Species Act,
established the policy that NMFS and
FWS would develop recovery plans
within 21⁄2 years after final listing. That
timeframe was expanded upon in
NMFS’ Interim Endangered and
Threatened Species Recovery Planning
Guidance (Interim Recovery Planning
Guidance) (updated version 1.4, July
2018; available at: https://
www.fisheries.noaa.gov/national/
endangered-species-conservation/
endangered-species-act-guidancepolicies-and-regulations), which was
adopted by FWS on August 26, 2010.
The Interim Recovery Planning
Guidance restated the 21⁄2 year deadline
to complete final recovery plans and
added a deadline of 11⁄2 years for
completion of draft recovery plans.
As explained in the revised recovery
priority guidelines announced in this
notice, we must prioritize limited
agency resources to advance the
recovery of threatened and endangered
species. These limited agency resources
have meant that it is not always possible
to complete recovery plans within 21⁄2
years after final listing of the species as
endangered or threatened. NMFS will
complete recovery plans within a
reasonable amount of time, but must do
so on a priority basis within the limits
of available resources, which may
require more than 21⁄2 years.
Therefore NMFS is withdrawing from
the Interagency Cooperative Policy on
Recovery Plan Participation and
Implementation Under the Endangered
Species Act. The remainder of that
policy has been expanded and updated
for the most part through the Interim
Recovery Planning Guidance, and
NMFS will continue to follow that
guidance. However, where section 1.5.1
of the Interim Recovery Planning
Guidance also contains deadlines for
completing draft and final recovery
plans, we will no longer follow that
portion of the guidance. The remainder
of the Interim Recovery Planning
Guidance continues to be applicable to
our recovery planning and
implementation efforts.
Authority: 16 U.S.C. 1531 et seq.
Dated: April 24, 2019.
Samuel D. Rauch, III,
Deputy Assistant Administrator for
Regulatory Programs, National Marine
Fisheries Service.
[FR Doc. 2019–08656 Filed 4–29–19; 8:45 am]
BILLING CODE 3510–22–P
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18259
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG949
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to National
Wildlife Refuge Complex Research,
Monitoring, and Maintenance Activities
in Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed issuance of an
Incidental Harassment Authorization;
request for comments.
AGENCY:
NMFS has received a request
from the Eastern Massachusetts (MA)
National Wildlife Refuge (NWR)
Complex, U.S. Fish and Wildlife Service
(USFWS), for authorization to take
marine mammals incidental to
conducting biological research,
monitoring, and maintenance at the
Eastern MA NWR Complex (Complex).
The USFWS’s activities are similar to
activities previously analyzed and for
which take was authorized by NMFS.
Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an incidental harassment
authorization (IHA) to incidentally take
marine mammals during the specified
activities. NMFS is also requesting
comments on a possible one-year
renewal that could be issued under
certain circumstances and if all
requirements are met, as described in
Request for Public Comments at the end
of this notice. NMFS will consider
public comments prior to making any
final decision on the issuance of the
requested MMPA authorizations and
agency responses will be summarized in
the final notice of our decision.
DATES: Comments and information must
be received no later than May 30, 2019.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Fowler@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
SUMMARY:
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attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS Federal Register
notices of the original proposed and
final authorizations, and the previous
IHA), as well as a list of the references
cited in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. 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
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
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availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
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
incidental harassment authorization)
with respect to potential impacts on the
human environment.
This action is consistent with
categories of activities identified in CE
B4 of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
History of Request
On March 16, 2016, NMFS received
an application from the USFWS for the
taking of two species of marine
mammals incidental to research,
monitoring, and maintenance activities
within the Complex. The USFWS’s
request was for take of gray seals
(Halichoerus grypus atlantica) and
harbor seals (Phoca vitulina concolor)
by Level B harassment. A notice of
proposed IHA and request for comments
was published in the Federal Register
on January 12, 2017 (82 FR 3738). We
subsequently published the final notice
of our issuance of the IHA on March 2,
2017 (82 FR 12342) making the IHA
valid from April 1, 2017 through March
31, 2018.
On December 5, 2017, NMFS received
a request from the USFWS for an IHA
for takes of marine mammals incidental
to the same research and monitoring
activities as the initial IHA. A notice of
proposed IHA and request for comments
was published in the Federal Register
on March 6, 2018 (83 FR 9483). We
subsequently published the final notice
of our issuance of the IHA on May 2,
2018 (83 FR 19236), making the IHA
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valid from April 1, 2018 through March
31, 2019. That IHA was identical to the
initial IHA with the same number of
takes authorized and the same
mitigation, monitoring, and reporting
requirements.
On January 31, 2019, NMFS received
a request from the USFWS for another
IHA to take marine mammals incidental
to ongoing annual research and
monitoring, and two new activities:
New England cottontail introduction
and seal haulout protection. The
application was determined to be
adequate and complete on March 20,
2019. Inclusion of the new activities in
the application slightly increases the
number of takes requested and some
voluntary mitigation measures
described by the USFWS in their 2018
monitoring report are incorporated in
the proposed mitigation requirements
for this authorization. The monitoring
and reporting requirements are identical
to the previous IHA (described in detail
in the Federal Register notice of
issuance of the previous IHA (83 FR
19236, May 2, 2018)).
Description of the Proposed Activity
and Anticipated Impacts
The Complex is comprised of eight
refuges, including its three coastal
refuges: Monomoy NWR, Nantucket
NWR, and Nomans Land Island
(Nomans) NWR in eastern MA. The
USFWS conducts ongoing biological
tasks for refuge purposes at the
Complex. The previous IHAs covered
shorebird and seabird nest monitoring
and research, roseate tern staging counts
and resighting, red knot stopover study,
northeastern beach tiger beetle census,
and coastal shoreline change survey at
Monomoy, Nantucket, and Nomans
NWRs. The USFWS proposes to conduct
these same activities under the
proposed 2019 IHA. The previous IHAs
authorized Level B take of gray seals
and harbor seals. The USFWS requests
authorization to harass these same
species in this proposed IHA.
To support public review and
comment on the IHA that NMFS is
proposing to issue here, we refer to the
documents related to the previously
issued IHAs and discuss any new or
changed information here. The previous
documents include the Federal Register
notices of the previous proposed IHAs
(82 FR 3738, January 12, 2017; 83 FR
9483, March 6, 2018), Federal Register
notices of issuance of the previous IHAs
(82 FR 12342, March 2, 2017; 83 FR
19236, May 2, 2018), and all associated
references and documents. We also refer
the reader to the USFWS’s previous and
current applications and monitoring
reports which can be found at https://
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www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities.
Detailed Description of the Action
Differences between the previous
IHAs and the proposed IHA are limited
to the inclusion of two new activities
that may result in Level B harassment of
seals. Detailed descriptions of the
ongoing shorebird and seabird nest
monitoring and research, roseate tern
staging counts and resighting, red knot
stopover study, northeastern beach tiger
beetle census, and coastal shoreline
change survey at Monomoy, Nantucket,
and Nomans NWRs can be found in the
documents listed above. Detailed
descriptions of these new activities are
provided here.
New England Cottontail
Reintroduction—Beginning in 2019, the
USFWS expects to spend an average of
20 days on Nomans NWR each year to
initiate a New England cottontail
reintroduction project. Most of the
cottontail work will take place in the
island interior (not the shorelines), and
will not cause disturbance of seals.
However, there will be more trips to and
from the island, which could result in
slightly more disturbance to seals on the
shoreline as the boat approaches the
island. The 20 days of activity on the
island are expected to occur over
approximately 12 trips during the
spring, summer, and fall.
Protection of Seal Haulout Areas—
Complex staff maintain a year-round
closure for seals on the north tip of the
Nantucket NWR. Staff use metal and
wooden signs, rope or twine, and
informational signs to keep vehicles and
pedestrians out of these areas. The
perimeter of the closed areas sometimes
needs to be moved (as seals move) or
replaced (as signs are vandalized or lost
in coastal storms). Protection of seal
haulout areas occurs year-round.
Previous authorizations limited research
and monitoring activities to April 1 and
November 30 of each year, to avoid the
gray seal pupping season. The timing of
research and monitoring activities
proposed by the USFWS would remain
identical, but protection of seal haulout
areas would be authorized to occur at
any time during the year, as necessary.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities is found in
these previous documents, which
remains applicable to the proposed
2019–2020 IHA as well. In addition,
NMFS has reviewed recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
recent scientific literature, to evaluate
the current status of the affected species.
Since July 2018, elevated numbers of
harbor seal and gray seal mortalities
have occurred across Maine, New
Hampshire, and Massachusetts. This
event has been declared an Unusual
Mortality Event (UME). Additionally,
seals showing clinical signs of disease
have stranded as far south as Virginia,
although not in elevated numbers.
Therefore, the UME investigation now
encompasses all seal strandings from
Maine to Virginia. Full or partial
necropsy examinations have been
conducted on some of the seals and
samples have been collected for testing.
Based on tests conducted so far, the
main pathogen found in the seals is
phocine distemper virus. As of April 17,
2019, the total number of seals included
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in the UME was 2,159. More
information on this UME is available at
https://www.fisheries.noaa.gov/newengland-mid-atlantic/marine-lifedistress/2018-2019-pinniped-unusualmortality-event-along.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activities on marine
mammals and their habitat may be
found in the documents supporting the
previous IHA, which remains applicable
to the issuance of the proposed 2019–
2020 IHA. Although there is currently
an ongoing UME involving gray and
harbor seals, the increased mortality
appears to be primarily due to infection
with phocine distemper virus. As such,
NMFS has preliminarily determined
that no new information affects our
original analysis of impacts under the
2018–2019 IHA.
Estimated Take
A detailed description of the methods
and inputs used to estimate authorized
take is found in these previous
documents. All estimated take is
expected to be in the form of Level B
harassment. The methods of estimating
take for the proposed 2019–2020 IHA
are identical to those used in the 2018–
2019 IHA (i.e., by multiplying the
maximum number of seals estimated to
be present at each location by the
number of events at each location that
may result in disturbance). Take from
the two newly described activities was
estimated in the same manner. The total
estimated gray seal takes are presented
in Table 1.
TABLE 1—ESTIMATED NUMBER OF GRAY SEAL TAKES (BY LEVEL B HARASSMENT) PER ACTIVITY AT MONOMOY,
NANTUCKET, AND NOMANS NWRS
Activity
Takes per event
Events per activity
Shorebird and Seabird Monitoring & Research .........
34 (Monomoy) ................................
8 (Nantucket)
3 (Nomans)
6 (Monomoy) ..................................
4 (Nantucket)
5 (Monomoy) ..................................
5 (Cape Cod)
3 (Monomoy) ..................................
1 (Monomoy) ..................................
20 (Nomans) ..................................
10 (Nantucket) ...............................
34,430
Northeastern Beach Tiger Beetle Census .................
Coastal Shoreline Change Survey .............................
New England Cottontail Introduction ..........................
Seal Haul Out Protection ............................................
1000 (Monomoy) ............................
50 (Nantucket) ...............................
10 (Nomans) ..................................
10 (Monomoy) ................................
10 (Nantucket) ...............................
250 (Monomoy) ..............................
150 (Cape Cod) .............................
750 (Monomoy) ..............................
500 (Monomoy) ..............................
10 (Nomans) ..................................
25 (Nantucket) ...............................
Total takes ...........................................................
........................................................
........................................................
39,730
Roseate Tern Staging Counts & Resighting ..............
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Red Knot Stopover Study ...........................................
Estimated take of harbor seals was
estimated using methods identical to the
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2018–2019 IHA (i.e., estimating five
percent of gray seal takes). Total
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Total takes
100
2,000
2,250
500
200
250
estimated takes of gray seals and harbor
seals are shown in Table 2.
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TABLE 2—TOTAL ESTIMATED TAKE OF MARINE MAMMALS, RELATIVE TO POPULATION SIZE
Species
Estimated take
Gray seal .....................................................................................................................................
39,730
Stock
abundance
a 27,131
b (451,131)
Harbor seal ..................................................................................................................................
1,987
75,834
Percent
(comparison of
instances of
take to stock
abundance)
146
(8.81)
2.62
a Abundance
b Overall
in U.S. waters (Hayes et al., 2018).
Western North Atlantic stock abundance (Hayes et al., 2018).
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Based on the stock abundance
estimate presented in the 2017 SARS,
the take number of gray seals exceeds
the number of gray seals in U.S. waters
(Table 2). However, actual take may be
slightly less if animals decide to haul
out at a different location for the day or
if animals are foraging at the time of the
survey activities. The number of
individual seals taken is also assumed
to be less than the take estimate since
these species show high philopatry
(Waring et al., 2016; Wood et al., 2011).
We expect the take numbers to represent
the number of exposures (i.e., instances
of take), but assume that the same seals
may be behaviorally harassed over
multiple days, and the likely number of
individual seals that may be harassed
would be less. In addition, this project
occurs in a small portion of the overall
range of the Northwest Atlantic
population of gray seals. While there is
evidence of haulout site philopatry,
resights of tagged and branded animals
and satellite tracks of tagged animals
show movement of individuals between
the United States and Canada (Puryear
et al., 2016). The percentage of time that
individuals are resident in U.S. waters
is unknown (NMFS 2017). Genetic
evidence provides a high degree of
certainty that the Western North
Atlantic stock of gray seals is a single
stock (Boskovic et al., 1996; Wood et al.,
2011). Thus, although the U.S. stock
estimate is only 27,131, the overall stock
abundance of animals in United States
and Canadian waters is 451,131. The
gray seal take estimate for this project
represents less than nine percent of the
overall Western North Atlantic stock
abundance (Table 2) if every separate
instance of take were assumed to accrue
to a different individual, and because
this is not the case, the percentage is
likely significantly lower.
Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures proposed here
are identical to those included in the
Federal Register notice announcing the
final 2018–2019 IHA (83 FR 19236; May
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2, 2018) and apply to all activities
described in previous Federal Register
notices (i.e., 83 FR 9483; March 6, 2018)
and the two new activities introduced in
this document. The discussion of the
least practicable adverse impact
included in the Federal Register notice
of final IHA (83 FR 19236; May 2, 2018)
remains accurate. The following
measures are proposed for inclusion in
this IHA:
Time and Frequency—The USFWS
would conduct all proposed activities
throughout the course of the year
between April 1 and November 30,
outside of the seasons of highest seal
abundance and pupping at the Complex.
Closure of beaches used by seals may
occur year-round at Nantucket NWR.
Vessel Approach and Timing
Techniques—The USFWS would ensure
that its vessel approaches to beaches
with pinniped haulouts would be
conducted so as to not disturb marine
mammals as most practicable. To the
extent possible, the vessel would
approach the beaches in a slow and
controlled approach, as far away as
possibly from haulouts to prevent or
minimize flushing. Staff would also
avoid or proceed cautiously when
operating boats in the direct path of
swimming seals that may be present in
the area.
Avoidance of Acoustic Impacts from
Cannon Nets—Cannon nets have a
measured source level (SL) of 128
decibels (dB) at one meter (m)
(estimated based on a measurement of
98.4 dB at 30 m; L. Niles, pers. comm.,
December 2016); however, the sound
pressure level (SPL) is expected to be
less than the thresholds for airborne
pinniped disturbance (e.g., 90 dB for
harbor seals, and 100 dB for all other
pinnipeds) at 80 yards from the source.
The USFWS proposes to stay at least
100 m from all pinnipeds if cannon nets
are to be used for research purposes.
Avoidance of Visual and Acoustic
Contact with People—The USFWS
would instruct its members and
research staff to avoid making
unnecessary noise and not allow
themselves to be seen by pinnipeds
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whenever practicable. USFWS staff
would stay at least 50 yards from hauled
out pinnipeds, unless it is absolutely
necessary to approach seals closer, or
potentially flush a seal, in order to
continue conducting endangered
species conservation work. When
disturbance is unavoidable, staff will
work quickly and efficiently to
minimize the length of disturbance.
Researchers and staff will do so by
proceeding in a slow and controlled
manner, which allows for the seals to
slowly flush into the water. Staff will
also maintain a quiet working
atmosphere, avoiding loud noises, and
using hushed voices in the presence of
hauled out pinnipeds. Pathways of
approach to the desired study or nesting
site will be chosen to minimize seal
disturbance if an activity event may
result in the disturbance of seals.
USFWS staff will scan the surrounding
waters near the haulouts, and if
predators (i.e., sharks) are seen, seals
will not be flushed by USFWS staff.
Marine Mammal Monitoring—The
USFWS will monitor seals as project
activities are conducted. Proposed
monitoring requirements in relation to
the USFWS’s proposed activities would
include species counts, numbers of
observed disturbances, and descriptions
of the disturbance behaviors during the
research activities, including location,
date, and time of the event. In addition,
the USFWS would record observations
regarding the number and species of any
marine mammals either observed in the
water or hauled out. Behavior of seals
will be recorded on a three point scale:
1= alert reaction, not considered
harassment; 2= moving at least two
body lengths, or change in direction
greater than 90 degrees; 3= flushing
(Table 3). USFWS staff would also
record and report all observations of
sick, injured, or entangled marine
mammals on Monomoy NWR to the
International Fund for Animal Welfare
(IFAW) marine mammal rescue team,
and will report to NOAA if injured seals
are found at Nantucket NWR and
Nomans NWR. Tagged or marked
marine mammals will also be recorded
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and reported to the appropriate research
organization or federal agency, as well
as any rare or unusual species of marine
mammal. Photographs will be taken
when possible. This information will be
incorporated into a report for NMFS at
the end of the season. The USFWS will
also coordinate with any university,
18263
state, or federal researchers to attain
additional data or observations that may
be useful for monitoring marine
mammal usage at the activity sites.
TABLE 3—DISTURBANCE SCALE OF PINNIPED RESPONSES TO IN-AIR SOURCES TO DETERMINE TAKE
Level
Type of
response
Definition
1 ....................
Alert ..................
2 * ..................
Movement ........
3 * ..................
Flush ................
Seal head orientation or brief movement in response to disturbance, which may include turning head towards
the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from
a lying to a sitting position, or brief movement of less than twice the animal’s body length.
Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animal’s body length to longer retreats over the beach, or if already moving a change of direction of greater
than 90 degrees.
All retreats (flushes) to the water.
* Only Levels 2 and 3 are considered take, whereas Level 1 is not.
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If at any time injury, serious injury, or
mortality of the species for which take
is authorized should occur, or if take of
any kind of other marine mammal
occurs, and such action may be a result
of the USFWS’s activities, the USFWS
would suspend activities and contact
NMFS immediately to determine how
best to proceed to ensure that another
injury or death does not occur and to
ensure that the applicant remains in
compliance with the MMPA.
Reporting—The USFWS would
submit a draft report to NMFS Office of
Protected Resources no later than 90
days after the conclusion of research
and monitoring activities in the 2018
season. The report will include a
summary of the information gathered
pursuant to the monitoring
requirements set forth in the proposed
IHA. The USFWS will submit a final
report to NMFS within 30 days after
receiving comments from NMFS on the
draft report. If the USFWS receives no
comments from NMFS on the draft
report, NMFS will consider the draft
report to be the final report. The
reporting requirements proposed to be
included in this IHA are identical to
those described in the previous IHA (83
FR 19236, May 2, 2018).
Preliminary Determinations
The USFWS proposes to conduct
research and monitoring activities that
are nearly identical to those conducted
previously. Take of marine mammals
from two new activities has been
proposed for inclusion in this IHA but
the potential impacts to marine
mammals from these activities are
identical to those previously analyzed
for the issuance of the 2018 IHA.
Therefore, the potential effects from
Level B harassment of marine mammals
previously analyzed remain applicable,
as do NMFS prior determinations.
When issuing the 2018 IHA, NMFS
found the USFWS’s activities, in their
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entirety, would have a negligible impact
to species or stocks’ rates of recruitment
and survival and the amount of taking
would be small relative to the
population size of such species or stock.
The proposed 2019–2020 IHA would
authorize more takes of seals by Level
B harassment than the previously issued
IHAs (82 FR 12342, March 2, 2017; 83
FR 19236, May 2, 2018) but the amount
of taking would still be small relative to
the population size of the affected
species and stocks (i.e., less than nine
percent). The proposed IHA includes
identical required mitigation,
monitoring, and reporting measures as
the 2018 IHA. In conclusion, there is no
new information suggesting that our
analysis or findings should change.
Based on the information contained
here and in the referenced documents,
NMFS has preliminarily determined the
following: (1) The required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
proposed authorized takes will have a
negligible impact on the affected marine
mammal species or stocks; (3) the
proposed authorized takes represent
small numbers of marine mammals
relative to the affected stock
abundances; and (4) the USFWS’s
activities will not have an unmitigable
adverse impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action, and (5) appropriate
monitoring and reporting requirements
are included.
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.
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Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to the USFWS for conducting
research and monitoring activities at the
Complex for a period of one year,
provided the previously mentioned
mitigation, monitoring, and reporting
requirements are incorporated. A draft
of the proposed IHA can be found at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2018 IHA), the proposed authorization,
and any other aspect of this notice of
Proposed IHA for the proposed research
and monitoring project. We also request
comment on the potential for renewal of
this proposed IHA as described in the
paragraph below. Please include with
your comments any supporting data or
literature citations to help inform our
final decision on the request for MMPA
authorization.
On a case-by-case basis, NMFS may
issue a second one-year IHA with
expedited notice and public comment
when (1) another year of identical or
nearly identical activities as described
in the Specified Activities section is
planned or (2) the activities would not
be completed by the time the IHA
expires and a second IHA would allow
for completion of the activities beyond
that described in the Dates and Duration
section, provided all of the following
conditions are met:
• A request for renewal is received no
later than 60 days prior to expiration of
the current IHA;
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
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Federal Register / Vol. 84, No. 83 / Tuesday, April 30, 2019 / Notices
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
mitigation and monitoring
requirements; and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized;
• Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the original findings remain valid.
Dated: April 25, 2019.
Catherine Marzin,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2019–08744 Filed 4–29–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Hydrographic Services Review Panel
Meeting
National Ocean Service,
National Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce.
ACTION: Notice of open public meeting.
AGENCY:
The Hydrographic Services
Review Panel (HSRP) will hold a
meeting that will be open to the public
and public comments are requested in
advance and/or during the meeting.
Information about the HSRP meeting,
agenda, presentations, webinar
registration, and other background
documents will be posted online at:
https://www.nauticalcharts.noaa.gov/
hsrp/hsrp.htm and https://www.nautical
charts.noaa.gov/hsrp/meetings.htm
Date and Location: The meeting is
planned for two and a half days during
August 27–29, 2019, in New Orleans,
LA. The agenda, speakers and times are
subject to change. The agenda and
location will be posted online at the end
of June 2019. For updates, please check
online at: https://www.nauticalcharts.
noaa.gov/hsrp/hsrp.htm. To receive
notice of the venue and meeting
announcements by email, and to inform
the participant list, please email your
name, organization and email address
amozie on DSK9F9SC42PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
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to: Virginia.Dentler@noaa.gov and
Lynne.Mersfelder@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Lynne Mersfelder-Lewis, HSRP program
manager, National Ocean Service, Office
of Coast Survey, NOAA (N/CS), 1315
East-West Highway, SSMC3 #6413,
Silver Spring, Maryland 20910; email:
Lynne.Mersfelder@noaa.gov and
Virginia.Dentler@noaa.gov.
While the
meeting is open to the public, to receive
meeting updates and inform the
participant list, please email your name,
organization and email address to:
Virginia.Dentler@noaa.gov and
Lynne.Mersfelder@noaa.gov. Seating
will be available on a first-come, firstserved basis. Public comment is
encouraged on the topics of the HSRP
meeting and there are public comment
periods scheduled each day noted in the
agenda. Each individual or group
making verbal or written comments will
be limited to one comment per day and
a total time of five (5) minutes, will be
noted, recorded, and this will become
part of the meeting record. For those not
onsite, comments can be submitted in
writing via the webinar chat function
during the meeting or with a letter in
writing via email prior to the meeting.
Public comments are encouraged and
individuals or groups who would like to
submit advance written statements
should email their comments to
Lynne.Mersfelder@noaa.gov,
Virginia.Dentler@noaa.gov and
hydrographic.services@noaa.gov. The
HSRP will provide webinar capability.
Pre-registration is required to access the
webinar: https://attendee.gotowebinar.
com/register/7384771285594719747.
The Hydrographic Services Review
Panel (HSRP) is a Federal Advisory
Committee established to advise the
Under Secretary of Commerce for
Oceans and Atmosphere, the NOAA
Administrator, on matters related to the
responsibilities and authorities set forth
in section 303 of the Hydrographic
Services Improvement Act of 1998, as
amended, and such other appropriate
matters that the Under Secretary refers
to the Panel for review and advice. The
charter and other information are
located online at:https://
www.nauticalcharts.noaa.gov/hsrp/
CharterBylawsHSIAStatute.htm
Past recommendations and issue
papers are at: https://
www.nauticalcharts.noaa.gov/hsrp/
recommendations.htm
Past HSRP public meeting summary
reports, agendas, presentations,
transcripts, and other information is
available online at: https://
SUPPLEMENTARY INFORMATION:
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www.nauticalcharts.noaa.gov/hsrp/
meetings.htm
Matters to be Considered: The panel is
convening on issues relevant to NOAA’s
navigation services, focusing on
national issues such as stakeholder use
of navigation services data, sea level rise
and inundation, and legislative
priorities. Navigation services include
the data, products, and services
provided by the NOAA programs and
activities that undertake geodetic
observations, gravity modeling,
shoreline mapping, bathymetric
mapping, hydrographic surveying,
nautical charting, tide and water level
observations, current observations, and
marine modeling. This suite of NOAA
products and services support safe and
efficient navigation, resilient coasts and
communities, and the nationwide
positioning information infrastructure to
support America’s commerce. The Panel
will hear from state and federal
agencies, non-federal organizations and
associations, local, regional and national
stakeholders and partners about their
missions and use of NOAA’s navigation
services, the value these services bring,
and what improvements could be made.
Other administrative matters may be
considered. The agenda and speakers
are subject to change.
Special Accommodations: This
meeting is physically accessible to
people with disabilities. Please direct
requests for sign language interpretation
or other auxiliary aids to
Lynne.Mersfelder@noaa.gov by August
12, 2019.
Dated: April 2, 2019.
Shepard M. Smith,
Director, Office of Coast Survey, National
Ocean Service, National Oceanic and
Atmospheric Administration.
[FR Doc. 2019–08661 Filed 4–29–19; 8:45 am]
BILLING CODE 3510–JE–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG953
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 62 in-person
workshop for Gulf of Mexico gray
triggerfish.
AGENCY:
The SEDAR 62 assessment of
the Gulf of Mexico gray triggerfish will
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 83 (Tuesday, April 30, 2019)]
[Notices]
[Pages 18259-18264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-08744]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG949
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to National Wildlife Refuge Complex
Research, Monitoring, and Maintenance Activities in Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed issuance of an Incidental Harassment
Authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from the Eastern Massachusetts
(MA) National Wildlife Refuge (NWR) Complex, U.S. Fish and Wildlife
Service (USFWS), for authorization to take marine mammals incidental to
conducting biological research, monitoring, and maintenance at the
Eastern MA NWR Complex (Complex). The USFWS's activities are similar to
activities previously analyzed and for which take was authorized by
NMFS. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposal to issue an incidental harassment
authorization (IHA) to incidentally take marine mammals during the
specified activities. NMFS is also requesting comments on a possible
one-year renewal that could be issued under certain circumstances and
if all requirements are met, as described in Request for Public
Comments at the end of this notice. NMFS will consider public comments
prior to making any final decision on the issuance of the requested
MMPA authorizations and agency responses will be summarized in the
final notice of our decision.
DATES: Comments and information must be received no later than May 30,
2019.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Physical comments should be sent to
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments
should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all
[[Page 18260]]
attachments, must not exceed a 25-megabyte file size. Attachments to
electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the
contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
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
incidental harassment authorization) with respect to potential impacts
on the human environment.
This action is consistent with categories of activities identified
in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A,
which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA request.
History of Request
On March 16, 2016, NMFS received an application from the USFWS for
the taking of two species of marine mammals incidental to research,
monitoring, and maintenance activities within the Complex. The USFWS's
request was for take of gray seals (Halichoerus grypus atlantica) and
harbor seals (Phoca vitulina concolor) by Level B harassment. A notice
of proposed IHA and request for comments was published in the Federal
Register on January 12, 2017 (82 FR 3738). We subsequently published
the final notice of our issuance of the IHA on March 2, 2017 (82 FR
12342) making the IHA valid from April 1, 2017 through March 31, 2018.
On December 5, 2017, NMFS received a request from the USFWS for an
IHA for takes of marine mammals incidental to the same research and
monitoring activities as the initial IHA. A notice of proposed IHA and
request for comments was published in the Federal Register on March 6,
2018 (83 FR 9483). We subsequently published the final notice of our
issuance of the IHA on May 2, 2018 (83 FR 19236), making the IHA valid
from April 1, 2018 through March 31, 2019. That IHA was identical to
the initial IHA with the same number of takes authorized and the same
mitigation, monitoring, and reporting requirements.
On January 31, 2019, NMFS received a request from the USFWS for
another IHA to take marine mammals incidental to ongoing annual
research and monitoring, and two new activities: New England cottontail
introduction and seal haulout protection. The application was
determined to be adequate and complete on March 20, 2019. Inclusion of
the new activities in the application slightly increases the number of
takes requested and some voluntary mitigation measures described by the
USFWS in their 2018 monitoring report are incorporated in the proposed
mitigation requirements for this authorization. The monitoring and
reporting requirements are identical to the previous IHA (described in
detail in the Federal Register notice of issuance of the previous IHA
(83 FR 19236, May 2, 2018)).
Description of the Proposed Activity and Anticipated Impacts
The Complex is comprised of eight refuges, including its three
coastal refuges: Monomoy NWR, Nantucket NWR, and Nomans Land Island
(Nomans) NWR in eastern MA. The USFWS conducts ongoing biological tasks
for refuge purposes at the Complex. The previous IHAs covered shorebird
and seabird nest monitoring and research, roseate tern staging counts
and resighting, red knot stopover study, northeastern beach tiger
beetle census, and coastal shoreline change survey at Monomoy,
Nantucket, and Nomans NWRs. The USFWS proposes to conduct these same
activities under the proposed 2019 IHA. The previous IHAs authorized
Level B take of gray seals and harbor seals. The USFWS requests
authorization to harass these same species in this proposed IHA.
To support public review and comment on the IHA that NMFS is
proposing to issue here, we refer to the documents related to the
previously issued IHAs and discuss any new or changed information here.
The previous documents include the Federal Register notices of the
previous proposed IHAs (82 FR 3738, January 12, 2017; 83 FR 9483, March
6, 2018), Federal Register notices of issuance of the previous IHAs (82
FR 12342, March 2, 2017; 83 FR 19236, May 2, 2018), and all associated
references and documents. We also refer the reader to the USFWS's
previous and current applications and monitoring reports which can be
found at https://
[[Page 18261]]
www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-
take-authorizations-research-and-other-activities.
Detailed Description of the Action
Differences between the previous IHAs and the proposed IHA are
limited to the inclusion of two new activities that may result in Level
B harassment of seals. Detailed descriptions of the ongoing shorebird
and seabird nest monitoring and research, roseate tern staging counts
and resighting, red knot stopover study, northeastern beach tiger
beetle census, and coastal shoreline change survey at Monomoy,
Nantucket, and Nomans NWRs can be found in the documents listed above.
Detailed descriptions of these new activities are provided here.
New England Cottontail Reintroduction--Beginning in 2019, the USFWS
expects to spend an average of 20 days on Nomans NWR each year to
initiate a New England cottontail reintroduction project. Most of the
cottontail work will take place in the island interior (not the
shorelines), and will not cause disturbance of seals. However, there
will be more trips to and from the island, which could result in
slightly more disturbance to seals on the shoreline as the boat
approaches the island. The 20 days of activity on the island are
expected to occur over approximately 12 trips during the spring,
summer, and fall.
Protection of Seal Haulout Areas--Complex staff maintain a year-
round closure for seals on the north tip of the Nantucket NWR. Staff
use metal and wooden signs, rope or twine, and informational signs to
keep vehicles and pedestrians out of these areas. The perimeter of the
closed areas sometimes needs to be moved (as seals move) or replaced
(as signs are vandalized or lost in coastal storms). Protection of seal
haulout areas occurs year-round. Previous authorizations limited
research and monitoring activities to April 1 and November 30 of each
year, to avoid the gray seal pupping season. The timing of research and
monitoring activities proposed by the USFWS would remain identical, but
protection of seal haulout areas would be authorized to occur at any
time during the year, as necessary.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to the
proposed 2019-2020 IHA as well. In addition, NMFS has reviewed recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and recent scientific literature, to evaluate the
current status of the affected species.
Since July 2018, elevated numbers of harbor seal and gray seal
mortalities have occurred across Maine, New Hampshire, and
Massachusetts. This event has been declared an Unusual Mortality Event
(UME). Additionally, seals showing clinical signs of disease have
stranded as far south as Virginia, although not in elevated numbers.
Therefore, the UME investigation now encompasses all seal strandings
from Maine to Virginia. Full or partial necropsy examinations have been
conducted on some of the seals and samples have been collected for
testing. Based on tests conducted so far, the main pathogen found in
the seals is phocine distemper virus. As of April 17, 2019, the total
number of seals included in the UME was 2,159. More information on this
UME is available at https://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2019-pinniped-unusual-mortality-event-along.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the previous IHA, which remains applicable to the issuance
of the proposed 2019-2020 IHA. Although there is currently an ongoing
UME involving gray and harbor seals, the increased mortality appears to
be primarily due to infection with phocine distemper virus. As such,
NMFS has preliminarily determined that no new information affects our
original analysis of impacts under the 2018-2019 IHA.
Estimated Take
A detailed description of the methods and inputs used to estimate
authorized take is found in these previous documents. All estimated
take is expected to be in the form of Level B harassment. The methods
of estimating take for the proposed 2019-2020 IHA are identical to
those used in the 2018-2019 IHA (i.e., by multiplying the maximum
number of seals estimated to be present at each location by the number
of events at each location that may result in disturbance). Take from
the two newly described activities was estimated in the same manner.
The total estimated gray seal takes are presented in Table 1.
Table 1--Estimated Number of Gray Seal Takes (by Level B Harassment) Per Activity at Monomoy, Nantucket, and
Nomans NWRs
----------------------------------------------------------------------------------------------------------------
Activity Takes per event Events per activity Total takes
----------------------------------------------------------------------------------------------------------------
Shorebird and Seabird Monitoring & 1000 (Monomoy)............ 34 (Monomoy).............. 34,430
Research. 50 (Nantucket)............ 8 (Nantucket).............
10 (Nomans)............... 3 (Nomans)................
Roseate Tern Staging Counts & Resighting 10 (Monomoy).............. 6 (Monomoy)............... 100
10 (Nantucket)............ 4 (Nantucket).............
Red Knot Stopover Study................. 250 (Monomoy)............. 5 (Monomoy)............... 2,000
150 (Cape Cod)............ 5 (Cape Cod)..............
Northeastern Beach Tiger Beetle Census.. 750 (Monomoy)............. 3 (Monomoy)............... 2,250
Coastal Shoreline Change Survey......... 500 (Monomoy)............. 1 (Monomoy)............... 500
New England Cottontail Introduction..... 10 (Nomans)............... 20 (Nomans)............... 200
Seal Haul Out Protection................ 25 (Nantucket)............ 10 (Nantucket)............ 250
-----------------------------------------------------------------------
Total takes......................... .......................... .......................... 39,730
----------------------------------------------------------------------------------------------------------------
Estimated take of harbor seals was estimated using methods
identical to the 2018-2019 IHA (i.e., estimating five percent of gray
seal takes). Total estimated takes of gray seals and harbor seals are
shown in Table 2.
[[Page 18262]]
Table 2--Total Estimated Take of Marine Mammals, Relative to Population Size
----------------------------------------------------------------------------------------------------------------
Percent
(comparison of
Species Estimated take Stock instances of
abundance take to stock
abundance)
----------------------------------------------------------------------------------------------------------------
Gray seal....................................................... 39,730 \a\ 27,131 146
\b\ (451,131) (8.81)
Harbor seal..................................................... 1,987 75,834 2.62
----------------------------------------------------------------------------------------------------------------
\a\ Abundance in U.S. waters (Hayes et al., 2018).
\b\ Overall Western North Atlantic stock abundance (Hayes et al., 2018).
Based on the stock abundance estimate presented in the 2017 SARS,
the take number of gray seals exceeds the number of gray seals in U.S.
waters (Table 2). However, actual take may be slightly less if animals
decide to haul out at a different location for the day or if animals
are foraging at the time of the survey activities. The number of
individual seals taken is also assumed to be less than the take
estimate since these species show high philopatry (Waring et al., 2016;
Wood et al., 2011). We expect the take numbers to represent the number
of exposures (i.e., instances of take), but assume that the same seals
may be behaviorally harassed over multiple days, and the likely number
of individual seals that may be harassed would be less. In addition,
this project occurs in a small portion of the overall range of the
Northwest Atlantic population of gray seals. While there is evidence of
haulout site philopatry, resights of tagged and branded animals and
satellite tracks of tagged animals show movement of individuals between
the United States and Canada (Puryear et al., 2016). The percentage of
time that individuals are resident in U.S. waters is unknown (NMFS
2017). Genetic evidence provides a high degree of certainty that the
Western North Atlantic stock of gray seals is a single stock (Boskovic
et al., 1996; Wood et al., 2011). Thus, although the U.S. stock
estimate is only 27,131, the overall stock abundance of animals in
United States and Canadian waters is 451,131. The gray seal take
estimate for this project represents less than nine percent of the
overall Western North Atlantic stock abundance (Table 2) if every
separate instance of take were assumed to accrue to a different
individual, and because this is not the case, the percentage is likely
significantly lower.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
proposed here are identical to those included in the Federal Register
notice announcing the final 2018-2019 IHA (83 FR 19236; May 2, 2018)
and apply to all activities described in previous Federal Register
notices (i.e., 83 FR 9483; March 6, 2018) and the two new activities
introduced in this document. The discussion of the least practicable
adverse impact included in the Federal Register notice of final IHA (83
FR 19236; May 2, 2018) remains accurate. The following measures are
proposed for inclusion in this IHA:
Time and Frequency--The USFWS would conduct all proposed activities
throughout the course of the year between April 1 and November 30,
outside of the seasons of highest seal abundance and pupping at the
Complex. Closure of beaches used by seals may occur year-round at
Nantucket NWR.
Vessel Approach and Timing Techniques--The USFWS would ensure that
its vessel approaches to beaches with pinniped haulouts would be
conducted so as to not disturb marine mammals as most practicable. To
the extent possible, the vessel would approach the beaches in a slow
and controlled approach, as far away as possibly from haulouts to
prevent or minimize flushing. Staff would also avoid or proceed
cautiously when operating boats in the direct path of swimming seals
that may be present in the area.
Avoidance of Acoustic Impacts from Cannon Nets--Cannon nets have a
measured source level (SL) of 128 decibels (dB) at one meter (m)
(estimated based on a measurement of 98.4 dB at 30 m; L. Niles, pers.
comm., December 2016); however, the sound pressure level (SPL) is
expected to be less than the thresholds for airborne pinniped
disturbance (e.g., 90 dB for harbor seals, and 100 dB for all other
pinnipeds) at 80 yards from the source. The USFWS proposes to stay at
least 100 m from all pinnipeds if cannon nets are to be used for
research purposes.
Avoidance of Visual and Acoustic Contact with People--The USFWS
would instruct its members and research staff to avoid making
unnecessary noise and not allow themselves to be seen by pinnipeds
whenever practicable. USFWS staff would stay at least 50 yards from
hauled out pinnipeds, unless it is absolutely necessary to approach
seals closer, or potentially flush a seal, in order to continue
conducting endangered species conservation work. When disturbance is
unavoidable, staff will work quickly and efficiently to minimize the
length of disturbance. Researchers and staff will do so by proceeding
in a slow and controlled manner, which allows for the seals to slowly
flush into the water. Staff will also maintain a quiet working
atmosphere, avoiding loud noises, and using hushed voices in the
presence of hauled out pinnipeds. Pathways of approach to the desired
study or nesting site will be chosen to minimize seal disturbance if an
activity event may result in the disturbance of seals. USFWS staff will
scan the surrounding waters near the haulouts, and if predators (i.e.,
sharks) are seen, seals will not be flushed by USFWS staff.
Marine Mammal Monitoring--The USFWS will monitor seals as project
activities are conducted. Proposed monitoring requirements in relation
to the USFWS's proposed activities would include species counts,
numbers of observed disturbances, and descriptions of the disturbance
behaviors during the research activities, including location, date, and
time of the event. In addition, the USFWS would record observations
regarding the number and species of any marine mammals either observed
in the water or hauled out. Behavior of seals will be recorded on a
three point scale: 1= alert reaction, not considered harassment; 2=
moving at least two body lengths, or change in direction greater than
90 degrees; 3= flushing (Table 3). USFWS staff would also record and
report all observations of sick, injured, or entangled marine mammals
on Monomoy NWR to the International Fund for Animal Welfare (IFAW)
marine mammal rescue team, and will report to NOAA if injured seals are
found at Nantucket NWR and Nomans NWR. Tagged or marked marine mammals
will also be recorded
[[Page 18263]]
and reported to the appropriate research organization or federal
agency, as well as any rare or unusual species of marine mammal.
Photographs will be taken when possible. This information will be
incorporated into a report for NMFS at the end of the season. The USFWS
will also coordinate with any university, state, or federal researchers
to attain additional data or observations that may be useful for
monitoring marine mammal usage at the activity sites.
Table 3--Disturbance Scale of Pinniped Responses to In-Air Sources To Determine Take
----------------------------------------------------------------------------------------------------------------
Level Type of response Definition
----------------------------------------------------------------------------------------------------------------
1............................ Alert...................... Seal head orientation or brief movement in response
to disturbance, which may include turning head
towards the disturbance, craning head and neck
while holding the body rigid in a u-shaped
position, changing from a lying to a sitting
position, or brief movement of less than twice the
animal's body length.
2 *.......................... Movement................... Movements in response to the source of disturbance,
ranging from short withdrawals at least twice the
animal's body length to longer retreats over the
beach, or if already moving a change of direction
of greater than 90 degrees.
3 *.......................... Flush...................... All retreats (flushes) to the water.
----------------------------------------------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take, whereas Level 1 is not.
If at any time injury, serious injury, or mortality of the species
for which take is authorized should occur, or if take of any kind of
other marine mammal occurs, and such action may be a result of the
USFWS's activities, the USFWS would suspend activities and contact NMFS
immediately to determine how best to proceed to ensure that another
injury or death does not occur and to ensure that the applicant remains
in compliance with the MMPA.
Reporting--The USFWS would submit a draft report to NMFS Office of
Protected Resources no later than 90 days after the conclusion of
research and monitoring activities in the 2018 season. The report will
include a summary of the information gathered pursuant to the
monitoring requirements set forth in the proposed IHA. The USFWS will
submit a final report to NMFS within 30 days after receiving comments
from NMFS on the draft report. If the USFWS receives no comments from
NMFS on the draft report, NMFS will consider the draft report to be the
final report. The reporting requirements proposed to be included in
this IHA are identical to those described in the previous IHA (83 FR
19236, May 2, 2018).
Preliminary Determinations
The USFWS proposes to conduct research and monitoring activities
that are nearly identical to those conducted previously. Take of marine
mammals from two new activities has been proposed for inclusion in this
IHA but the potential impacts to marine mammals from these activities
are identical to those previously analyzed for the issuance of the 2018
IHA. Therefore, the potential effects from Level B harassment of marine
mammals previously analyzed remain applicable, as do NMFS prior
determinations.
When issuing the 2018 IHA, NMFS found the USFWS's activities, in
their entirety, would have a negligible impact to species or stocks'
rates of recruitment and survival and the amount of taking would be
small relative to the population size of such species or stock. The
proposed 2019-2020 IHA would authorize more takes of seals by Level B
harassment than the previously issued IHAs (82 FR 12342, March 2, 2017;
83 FR 19236, May 2, 2018) but the amount of taking would still be small
relative to the population size of the affected species and stocks
(i.e., less than nine percent). The proposed IHA includes identical
required mitigation, monitoring, and reporting measures as the 2018
IHA. In conclusion, there is no new information suggesting that our
analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily determined the following: (1) The
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; and (4) the USFWS's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action, and
(5) appropriate monitoring and reporting requirements are included.
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.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to the USFWS for conducting research and monitoring
activities at the Complex for a period of one year, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2018 IHA), the proposed
authorization, and any other aspect of this notice of Proposed IHA for
the proposed research and monitoring project. We also request comment
on the potential for renewal of this proposed IHA as described in the
paragraph below. Please include with your comments any supporting data
or literature citations to help inform our final decision on the
request for MMPA authorization.
On a case-by-case basis, NMFS may issue a second one-year IHA with
expedited notice and public comment when (1) another year of identical
or nearly identical activities as described in the Specified Activities
section is planned or (2) the activities would not be completed by the
time the IHA expires and a second IHA would allow for completion of the
activities beyond that described in the Dates and Duration section,
provided all of the following conditions are met:
A request for renewal is received no later than 60 days
prior to expiration of the current IHA;
The request for renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial dates
[[Page 18264]]
either are identical to the previously analyzed activities or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, take estimates, or mitigation and
monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized;
Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the original findings remain valid.
Dated: April 25, 2019.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2019-08744 Filed 4-29-19; 8:45 am]
BILLING CODE 3510-22-P
