Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to National Wildlife Refuge Complex Research, Monitoring, and Maintenance Activities in Massachusetts, 32415-32419 [2019-14457]
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Federal Register / Vol. 84, No. 130 / Monday, July 8, 2019 / Notices
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Appointment is based upon an
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and associations. Membership should
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For current DEC members seeking
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Authority: 15 U.S.C. 1512 and 4721.
Anthony Diaz,
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Administration.
[FR Doc. 2019–14477 Filed 7–5–19; 8:45 am]
BILLING CODE 3510–FP–P
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
AGENCY:
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32415
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; Issuance of an Incidental
Harassment Authorization.
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
U.S. Fish and Wildlife Service (USFWS)
to incidentally harass, by Level B
harassment only, marine mammals
during biological research, monitoring,
and maintenance activities at the
Eastern Massachusetts National Wildlife
Refuge Complex (Complex).
DATES: This Authorization is effective
from June 12, 2019 through June 11,
2020.
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:
SUMMARY:
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
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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.
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 an IHA
to take gray seals (Halichoerus grypus
atlantica) and harbor seals (Phoca
vitulina concolor) by Level B
harassment incidental to ongoing
annual research and monitoring
activities. USFWS had received two
previous IHAs (82 FR 12342, March 2,
2017; 83 FR 19236, May 2, 2018) for
these activities. In their 2019 request,
the USFWS also requested take of
marine mammals incidental to two new
activities, New England cottontail
introduction and seal haulout
protection. The application was
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determined to be adequate and complete
on March 20, 2019. On April 30, 2019,
NMFS published its notice of proposed
IHA in the Federal Register for public
comment (84 FR 18259).
Description of the 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 2019
IHA. The previous IHAs authorized
Level B take of gray seals and harbor
seals. NMFS has issued an IHA to harass
these same species.
We refer to the notice of proposed
IHA (84 FR 18259; April 30, 2019) and
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://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities.
Detailed Description of the Action
A detailed description 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 surveys
can be found in the previous notices of
proposed IHAs (82 FR 3738, January 12,
2017; 83 FR 9483, March 6, 2018). A
detailed description of the new
activities in the 2019 take request (New
England cottontail reintroduction and
protection of seal haulout areas) is
found in the notice of proposed IHA (84
FR 18259; April 30, 2019).
Description of Marine Mammals
A description of the marine mammals
in the area of the activities is found in
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these previous documents, which
remains applicable to the 2019–2020
IHA. In addition, NMFS has reviewed
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events (UMEs), 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 a 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 May 31,
2019, the total number of seals included
in the UME was 2,435. 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 IHAs, 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
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 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 included
activities was estimated in the same
manner. The total authorized gray seal
takes are presented in Table 1.
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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 ..............
Red Knot Stopover Study ...........................................
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
Total takes
100
2,000
2,250
500
200
250
authorized takes of gray seals and
harbor seals are shown in Table 2.
TABLE 2—TOTAL ESTIMATED TAKE OF MARINE MAMMALS, RELATIVE TO POPULATION SIZE
Species
Estimated take
Gray seal .............................................................................................................
Stock abundance
a 27,131
39,730
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
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b Overall
in U.S. waters (Hayes et al., 2018)
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
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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 Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures described 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 included 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 included in this IHA:
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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 must ensure
that its vessel approaches to beaches
with pinniped haulouts are conducted
so as to not disturb marine mammals as
most practicable. To the extent possible,
the vessel must approach the beaches in
a slow and controlled approach, as far
away as possibly from haulouts to
prevent or minimize flushing. Staff must
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
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pinnipeds) at 80 yards from the source.
The USFWS must 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 must
instruct its members and research staff
to avoid making unnecessary noise and
not allow themselves to be seen by
pinnipeds whenever practicable.
USFWS staff must 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
must work quickly and efficiently to
minimize the length of disturbance.
Researchers and staff must do so by
proceeding in a slow and controlled
manner, which allows for the seals to
slowly flush into the water. Staff must
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 must be chosen to minimize seal
disturbance if an activity event may
result in the disturbance of seals.
USFWS staff must scan the surrounding
waters near the haulouts, and if
predators (i.e., sharks) are seen, seals
must not be flushed by USFWS staff.
The USFWS must avoid disturbance of
mothers and pups by either
rescheduling surveys, if possible, or
refraining from conducting activities
that may cause high-level disturbance
(e.g., flushing or long movements over
land.
Marine Mammal Monitoring—The
USFWS must monitor seals as project
activities are conducted. Monitoring
requirements in relation to the USFWS’s
activities 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 for each site and activity. In
addition, the USFWS will record
observations regarding the number and
species of any marine mammals either
observed in the water or hauled out.
Behavior of seals must 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 must
also record and report all observations
of sick, injured, or entangled marine
mammals to the Office of Protected
Resources, NMFS, and the Greater
Atlantic Regional Stranding
Coordinator, NMFS. Tagged or marked
marine mammals must also be recorded
and reported to the appropriate research
organization or federal agency, as well
as any rare or unusual species of marine
mammal. Photographs must be taken
when possible. This information must
be incorporated into a report for NMFS
at the end of the season. The USFWS
must 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 ...........................
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.
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* 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
must 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 must 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 must include a
summary of the information gathered
pursuant to the monitoring
requirements set forth in the proposed
IHA. The USFWS must submit a final
report to NMFS within 30 days after
receiving comments from NMFS on the
draft report. If the USFWS receives no
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comments from NMFS on the draft
report, NMFS will consider the draft
report to be the final report. The
reporting requirements included in this
IHA are identical to those described in
the previous IHA (83 FR 19236, May 2,
2018).
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA was published in the Federal
Register on April 30, 2019 (84 FR
18259). During the 30-day public
comment period, the Marine Mammal
Commission (Commission) submitted a
letter, providing comments as described
below.
Comment: The Commission
questioned whether the public notice
provisions for IHA Renewals fully
satisfy the public notice and comment
provision in the MMPA and discussed
the potential burden on reviewers of
reviewing key documents and
developing comments quickly.
Additionally, the Commission
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recommended that NMFS use the IHA
Renewal process sparingly and
selectively for activities expected to
have the lowest levels of impacts to
marine mammals and that require less
complex analysis.
Response: NMFS has taken a number
of steps to ensure the public has
adequate notice, time, and information
to be able to comment effectively on
IHA Renewals within the limitations of
processing IHA applications efficiently.
The Federal Register notice for the
proposed IHA (84 FR 18259; April 30,
2019) previously identified the
conditions under which a one-year
Renewal IHA might be appropriate. This
information is presented in the Request
for Public Comments section of the
initial proposed IHA and thus
encourages submission of comments on
the potential of a one-year renewal as
well as the initial IHA during the 30-day
comment period. In addition, when we
receive an application for a Renewal
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IHA, we publish a notice of the
proposed IHA Renewal in the Federal
Register and provide an additional 15
days for public comment, for a total of
45 days of public comment. We will
also directly contact all commenters on
the initial IHA by email, phone, or, if
the commenter did not provide email or
phone information, by postal service to
provide them the opportunity to submit
any additional comments on the
proposed Renewal IHA.
NMFS also strives to ensure the
public has access to key information
needed to submit comments on a
proposed IHA, whether an initial IHA or
a Renewal IHA. The agency’s website
includes information for all projects
under consideration, including the
application, references, and other
supporting documents. Each Federal
Register notice also includes contact
information in the event a commenter
has questions or cannot find the
information they seek.
Regarding the Commission’s comment
that Renewal IHAs should be limited to
certain types of projects, NMFS has
explained on its website and in
individual Federal Register notices that
Renewal IHAs are appropriate where the
continuing activities are identical,
nearly identical, or a subset of the
activities for which the initial 30-day
comment period applied. Where the
commenter has likely already reviewed
and commented on the initial proposed
IHA for these activities, the abbreviated
additional comment period is sufficient
for consideration of the results of the
preliminary monitoring report and new
information (if any) from the past year.
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
included 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.
This IHA authorizes more takes of seals
by Level B harassment than the
previously issued IHAs (82 FR 12342,
March 2, 2017; 83 FR 19236, May 2,
VerDate Sep<11>2014
19:44 Jul 05, 2019
Jkt 247001
2018) but the amount of taking is still
small relative to the population size of
the affected species and stocks (i.e., less
than nine percent). The 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 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 authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the 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.
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
determined that the issuance of the
proposed IHA qualifies to be
categorically excluded from further
NEPA review.
Authorization
As a result of these determinations,
NMFS has issued an IHA to the USFWS
for the harassment of small numbers of
marine mammals incidental to
PO 00000
Frm 00019
Fmt 4703
Sfmt 4703
32419
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.
Donna Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–14457 Filed 7–5–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
National Integrated Drought
Information System National Drought
Forum
Climate Program Office (CPO),
Office of Oceanic and Atmospheric
Research (OAR), National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (DOC).
ACTION: Notice of open meeting.
AGENCY:
The National Integrated
Drought Information System (NIDIS)
Program Office and the National
Drought Resilience Partnership (NDRP)
will host the 2nd National Drought
Forum on July 30–31, 2019.
DATES: The Forum will be held Tuesday,
July 30, 2019 from 9:00 a.m. EST to 4:30
p.m. EDT and Wednesday July 31, 2019
from 9:00 a.m. EST to 4:30 p.m. EDT.
These times and the agenda topics are
subject to change.
ADDRESSES: The meeting will be held at
the United States Institute of Peace,
2301 Constitution Avenue NW,
Washington, DC 20037.
FOR FURTHER INFORMATION CONTACT:
Murielle Gamache-Morris, Secretariat
for the National Drought Forum, David
Skaggs Research Center, Room GD102,
325 Broadway, Boulder CO 80305.
Email: murielle.gamache-morris@
noaa.gov.
SUMMARY:
The
National Integrated Drought Information
System (NIDIS) was authorized by
Congress in 2006 (Pub. L. 109–430) and
reauthorized on March 6, 2014 and
January 7, 2019 with a mandate to
coordinate and integrate drought
research, building upon existing federal,
tribal, state, and local partnerships in
support of creating a national drought
early warning information system.
The National Drought Resilience
Partnership (NDRP) is a partnership
made up of Federal departments and
agencies formed to improve Federal
collaboration and promote long-term
drought resilience nationwide.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\08JYN1.SGM
08JYN1
]]>Agencies
[Federal Register Volume 84, Number 130 (Monday, July 8, 2019)]
[Notices]
[Pages 32415-32419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14457]
-----------------------------------------------------------------------
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; 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
the U.S. Fish and Wildlife Service (USFWS) to incidentally harass, by
Level B harassment only, marine mammals during biological research,
monitoring, and maintenance activities at the Eastern Massachusetts
National Wildlife Refuge Complex (Complex).
DATES: This Authorization is effective from June 12, 2019 through June
11, 2020.
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
[[Page 32416]]
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.
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 an
IHA to take gray seals (Halichoerus grypus atlantica) and harbor seals
(Phoca vitulina concolor) by Level B harassment incidental to ongoing
annual research and monitoring activities. USFWS had received two
previous IHAs (82 FR 12342, March 2, 2017; 83 FR 19236, May 2, 2018)
for these activities. In their 2019 request, the USFWS also requested
take of marine mammals incidental to two new activities, New England
cottontail introduction and seal haulout protection. The application
was determined to be adequate and complete on March 20, 2019. On April
30, 2019, NMFS published its notice of proposed IHA in the Federal
Register for public comment (84 FR 18259).
Description of the 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 2019 IHA. The previous IHAs authorized Level B
take of gray seals and harbor seals. NMFS has issued an IHA to harass
these same species.
We refer to the notice of proposed IHA (84 FR 18259; April 30,
2019) and 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://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities.
Detailed Description of the Action
A detailed description 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 surveys can be found in the previous notices
of proposed IHAs (82 FR 3738, January 12, 2017; 83 FR 9483, March 6,
2018). A detailed description of the new activities in the 2019 take
request (New England cottontail reintroduction and protection of seal
haulout areas) is found in the notice of proposed IHA (84 FR 18259;
April 30, 2019).
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
2019-2020 IHA. In addition, NMFS has reviewed recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events
(UMEs), 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 a 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 May 31, 2019, the total number of seals included
in the UME was 2,435. 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 IHAs, 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 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 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
included activities was estimated in the same manner. The total
authorized gray seal takes are presented in Table 1.
[[Page 32417]]
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 authorized takes of gray seals and harbor seals are
shown in Table 2.
Table 2--Total Estimated Take of Marine Mammals, Relative to Population Size
----------------------------------------------------------------------------------------------------------------
Percent
(comparison of
Species Estimated take Stock abundance instances of 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 Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures described 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 included 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 included 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 must ensure that
its vessel approaches to beaches with pinniped haulouts are conducted
so as to not disturb marine mammals as most practicable. To the extent
possible, the vessel must approach the beaches in a slow and controlled
approach, as far away as possibly from haulouts to prevent or minimize
flushing. Staff must 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
[[Page 32418]]
pinnipeds) at 80 yards from the source. The USFWS must 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
must instruct its members and research staff to avoid making
unnecessary noise and not allow themselves to be seen by pinnipeds
whenever practicable. USFWS staff must 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 must work quickly and efficiently to minimize the
length of disturbance. Researchers and staff must do so by proceeding
in a slow and controlled manner, which allows for the seals to slowly
flush into the water. Staff must 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 must be chosen to minimize seal disturbance if an
activity event may result in the disturbance of seals. USFWS staff must
scan the surrounding waters near the haulouts, and if predators (i.e.,
sharks) are seen, seals must not be flushed by USFWS staff. The USFWS
must avoid disturbance of mothers and pups by either rescheduling
surveys, if possible, or refraining from conducting activities that may
cause high-level disturbance (e.g., flushing or long movements over
land.
Marine Mammal Monitoring--The USFWS must monitor seals as project
activities are conducted. Monitoring requirements in relation to the
USFWS's activities 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
for each site and activity. In addition, the USFWS will record
observations regarding the number and species of any marine mammals
either observed in the water or hauled out. Behavior of seals must 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
must also record and report all observations of sick, injured, or
entangled marine mammals to the Office of Protected Resources, NMFS,
and the Greater Atlantic Regional Stranding Coordinator, NMFS. Tagged
or marked marine mammals must also be recorded and reported to the
appropriate research organization or federal agency, as well as any
rare or unusual species of marine mammal. Photographs must be taken
when possible. This information must be incorporated into a report for
NMFS at the end of the season. The USFWS must 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 must 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 must 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 must
include a summary of the information gathered pursuant to the
monitoring requirements set forth in the proposed IHA. The USFWS must
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 included in this IHA are
identical to those described in the previous IHA (83 FR 19236, May 2,
2018).
Comments and Responses
A notice of NMFS' proposal to issue an IHA was published in the
Federal Register on April 30, 2019 (84 FR 18259). During the 30-day
public comment period, the Marine Mammal Commission (Commission)
submitted a letter, providing comments as described below.
Comment: The Commission questioned whether the public notice
provisions for IHA Renewals fully satisfy the public notice and comment
provision in the MMPA and discussed the potential burden on reviewers
of reviewing key documents and developing comments quickly.
Additionally, the Commission recommended that NMFS use the IHA Renewal
process sparingly and selectively for activities expected to have the
lowest levels of impacts to marine mammals and that require less
complex analysis.
Response: NMFS has taken a number of steps to ensure the public has
adequate notice, time, and information to be able to comment
effectively on IHA Renewals within the limitations of processing IHA
applications efficiently. The Federal Register notice for the proposed
IHA (84 FR 18259; April 30, 2019) previously identified the conditions
under which a one-year Renewal IHA might be appropriate. This
information is presented in the Request for Public Comments section of
the initial proposed IHA and thus encourages submission of comments on
the potential of a one-year renewal as well as the initial IHA during
the 30-day comment period. In addition, when we receive an application
for a Renewal
[[Page 32419]]
IHA, we publish a notice of the proposed IHA Renewal in the Federal
Register and provide an additional 15 days for public comment, for a
total of 45 days of public comment. We will also directly contact all
commenters on the initial IHA by email, phone, or, if the commenter did
not provide email or phone information, by postal service to provide
them the opportunity to submit any additional comments on the proposed
Renewal IHA.
NMFS also strives to ensure the public has access to key
information needed to submit comments on a proposed IHA, whether an
initial IHA or a Renewal IHA. The agency's website includes information
for all projects under consideration, including the application,
references, and other supporting documents. Each Federal Register
notice also includes contact information in the event a commenter has
questions or cannot find the information they seek.
Regarding the Commission's comment that Renewal IHAs should be
limited to certain types of projects, NMFS has explained on its website
and in individual Federal Register notices that Renewal IHAs are
appropriate where the continuing activities are identical, nearly
identical, or a subset of the activities for which the initial 30-day
comment period applied. Where the commenter has likely already reviewed
and commented on the initial proposed IHA for these activities, the
abbreviated additional comment period is sufficient for consideration
of the results of the preliminary monitoring report and new information
(if any) from the past year.
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 included 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. This
IHA authorizes 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 is still small relative to the
population size of the affected species and stocks (i.e., less than
nine percent). The 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 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 authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the 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.
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 determined
that the issuance of the proposed IHA qualifies to be categorically
excluded from further NEPA review.
Authorization
As a result of these determinations, NMFS has issued an IHA to the
USFWS for the harassment of small numbers of marine mammals incidental
to 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.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-14457 Filed 7-5-19; 8:45 am]
BILLING CODE 3510-22-P
