Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California, 9740-9745 [2020-03399]
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Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices
relevant prior to the preliminary
determination in this case.’’ 4
For the reasons stated above and
because there are no compelling reasons
to deny the request, Commerce, in
accordance with section 733(c)(1)(A) of
the Act, is postponing the deadline for
the preliminary determination by 50
days (i.e., 190 days after the date on
which this investigation was initiated).
As a result, Commerce will issue its
preliminary determination no later than
April 22, 2020. In accordance with
section 735(a)(1) of the Act and 19 CFR
351.210(b)(1), the deadline for the final
determination in this investigation will
continue to be 75 days after the date of
the preliminary determination, unless
postponed.
Notification to Interested Parties
This notice is issued and published
pursuant to section 733(c)(2) of the Act
and 19 CFR 351.205(f)(1).
Dated: February 12, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–03363 Filed 2–19–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XR081]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Seabird
Research Activities in Central
California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization renewal.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA)
Renewal to Point Blue Conservation
Science (Point Blue) to harass marine
mammals incidental to seabird research
activities in central California.
DATES: This IHA Renewal is valid from
February 14, 2020 through July 6, 2020.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
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SUMMARY:
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Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
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:
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 is
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 the species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
the takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
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circumstances. Since that time, we have
made minor changes to the Renewal
process, none of which materially
affects the scope of a Renewal IHA or
the conditions for receiving one.
Specifically, on a case-by-case basis,
NMFS may issue a one-year IHA
Renewal when (1) up to 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 of the initial IHA. The
expiration date of the Renewal IHA
cannot extend beyond one year from
expiration of the initial IHA. All of the
following conditions must be met in
order to issue a Renewal:
• A request for Renewal is received
no later than 60 days prior to the needed
Renewal. Previously the request was to
be received no later than 60 days prior
to expiration of the initial IHA. But
where authorization under Renewal
IHAs will not extend beyond one year
from expiration of the initial IHA
regardless of when the renewal
application is received and where it is
up to the applicant to determine when
take coverage is needed, a request can
be received later than 60 days prior to
expiration of the initial IHA provided
NMFS has 60 days to process the
renewal;
• The request for Renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial IHA
dates 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 initial findings remain valid.
For this Renewal IHA, the request was
received later than 60 days prior to
expiration of the initial IHA. However,
the other qualifications were met and
these circumstances initiated the
agency’s consideration of whether the
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original 60-day deadline requirement
was necessary and appropriate.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
Renewal. In this case, the agency
inadvertently did not provide direct
notice to a commenter when the
Renewal was first proposed (84 FR
61892; November 14, 2019). Therefore,
NMFS republished a notice of proposed
Renewal on December 31, 2019 (84 FR
72301) to allow an additional 15 days of
public comment (for a total of 60 days),
with direct notice provided to that
commenter.
A description of the Renewal process
may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
Comments that were received on the
potential Renewal, along with relevant
comments on the initial IHA, were
considered in the development of this
Renewal IHA, and agency responses to
applicable comments have been
included in this notice.
History of Request
On June 28, 2018, NMFS issued an
IHA to Point Blue to take marine
mammals incidental to seabird research
activities in central California (83 FR
31372; July 5, 2018), effective from July
7, 2018 through July 6, 2019. On August
20, 2019, NMFS received an application
for the Renewal of that initial IHA. As
described in the application for
Renewal, the activities for which
incidental take is requested are identical
to those covered in the initial
authorization. As required, the
applicant also provided a preliminary
monitoring report consisting of the
report of actual takes from January 1,
2018 through December 31, 2018 plus
an updated report of takes from January
1, 2019 through the expiration of the
initial IHA on July 6, 2019, which was
provided following publication of the
first proposed Renewal notice. Both
reports are available at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities and confirm that the applicant
has implemented the required
mitigation and monitoring. The reports
also show that no impacts of a scale or
nature not previously analyzed or
authorized have occurred as a result of
the activities conducted. On November
14, 2019 we published a notice of
proposed Renewal IHA (84 FR 61892).
A second notice of proposed Renewal
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IHA was published on December 31,
2019 (84 FR 72301) allowing for an
additional 15 days of public comment.
Description of the Specified Activities
and Anticipated Impacts
Point Blue plans to monitor and
census seabird populations, observe
seabird nesting habitat, restore nesting
burrows, and resupply a field station
annually in central California. The
planned activities occur on Southeast
Farallon Island (SEFI), An˜o Nuevo
Island (ANO), and Point Reyes National
Seashore (PRNS). Point Blue, along with
partners Oikonos Ecosystem Knowledge
and PRNS, have been conducting
seabird research activities at these
locations for over 30 years. This
research is conducted under cooperative
agreements with the U.S. Fish and
Wildlife Service (USFWS) in
consultation with the Gulf of the
Farallones National Marine Sanctuary.
The seabird research and monitoring
activities planned by Point Blue are
identical to those analyzed in the initial
IHA issued by NMFS, described in
detail in the notice of Proposed IHA (83
FR 20045; May 7, 2018).
Presence of researchers has the
potential to disturb pinnipeds hauled
out at SEFI, ANO, and PRNS. As in the
initial authorization, NMFS anticipates
that take, by Level B harassment only,
of California sea lions (Zalophus
californianus), harbor seals (Phoca
vitulina), northern elephant seals
(Mirounga angustirostris), and Steller
sea lions (Eumetopias jubatus) could
result from the specified activity (83 FR
31372; July 5, 2018).
Detailed Description of the Activity
A detailed description of the seabird
research and monitoring activities for
which take is authorized here may be
found in the notices of the Proposed and
Final IHAs for the initial authorization
(83 FR 20045, May 7, 2018; 83 FR
31372, July 5, 2018). The locations (as
described in the Specific Geographic
Region section of the initial IHA),
timing, and nature of the activities,
including the types of equipment
planned for use, are identical to those
described in the previous notices. This
Renewal is effective from February 14,
2020 through July 6, 2020.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take has been authorized, including
information on abundance, status,
distribution, and hearing, may be found
in the notice of the Proposed IHA for the
initial authorization (83 FR 20045; May
7, 2018). NMFS has reviewed the
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monitoring data from the initial IHA,
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature. The 2018 Stock Assessment
Report notes that the estimated
abundance of California sea lions has
decreased slightly, however, neither this
nor any other new information affects
which species or stocks have the
potential to be affected or the pertinent
information in the section Description of
Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the notice of the
Proposed IHA for the initial
authorization (83 FR 20045; May 7,
2018). NMFS has reviewed the
monitoring data from the initial IHA,
recent Stock Assessment Reports,
information on relevant Unusual
Mortality Events, other scientific
literature, and the public comments
received, and determined that neither
these nor any other new information
affects our initial analysis of potential
impacts on marine mammals and their
habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity is found in the notices
of the Proposed and Final IHAs for the
initial authorization (83 FR 20045, May
7, 2018; 83 FR 31372, July 5, 2018).
Specifically, the expected number of
survey days, and marine mammal
occurrence data applicable to this
authorization remain unchanged from
the previously issued IHA. Similarly,
the stocks taken, methods of take, and
types of take remain unchanged from
the previously issued IHA, as do the
number of authorized takes, which are
indicated below in Table 1. As in the
initial IHA, the take estimates are based
on historical data from the previous five
monitoring reports (2013–2014, 2014–
2015, 2015–2016, 2016–2017, and 2017–
2018) to generate 95 percent confidence
interval maximums (assuming normal
distribution) using STATA, a generalpurpose statistical computer package.
Takes recorded in all previous
monitoring reports were based on
occurrences that are consistent with
Levels 2 and 3 of the three-point
harassment scale (see Table 2).
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TABLE 1—POPULATION ABUNDANCE ESTIMATES, TOTAL PROPOSED LEVEL B TAKE, AND PERCENTAGE OF POPULATION
THAT MAY BE TAKEN
Stock
abundance
Species
Stock
California sea lion ...........................................
Northern elephant seal ...................................
Harbor seal .....................................................
Steller sea lion ................................................
U.S .................................................................
California breeding stock ...............................
California ........................................................
Eastern U.S ....................................................
Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the notice
announcing the issuance of the initial
IHA (83 FR 31372; July 5, 2018), and the
discussion of the least practicable
adverse impact included in that
document remains accurate. The
following measures are included in this
Renewal:
To reduce the potential for
disturbance from acoustic and visual
stimuli associated with survey activities
Point Blue will implement the following
mitigation measures for marine
mammals:
(1) Slow approach to beaches for boat
landings to avoid stampede, provide
animals opportunity to enter water, and
avoid vessel strikes;
(2) Observe a site from a distance,
using binoculars if necessary, to detect
any marine mammals prior to approach
to determine if mitigation is required
(i.e., site surveys will not be conducted
if fur seals are present; if other
pinnipeds are present, researchers will
approach with caution, walking slowly,
quietly, and close to the ground to avoid
surprising any hauled-out individuals
and to reduce flushing/stampeding of
individuals);
(3) Avoid pinnipeds along access
ways to sites by locating and taking a
different access way. Researchers will
keep a safe distance from and not
approach any marine mammal while
conducting research, unless it is
absolutely necessary to flush a marine
mammal in order to continue
conducting research (i.e., if a site cannot
be accessed or sampled due to the
presence of pinnipeds);
(4) Cease or delay visits if the number
of takes that have been authorized are
met, if a species for which takes were
not authorized is observed (e.g.,
northern fur seals (Callorhinus ursinus)
and Guadalupe fur seals (Arctocephalus
townsendi)), or if pups are present;
(5) Monitor for offshore predators and
do not approach hauled out pinnipeds
if great white sharks (Carcharodon
carcharias) or killer whales (Orcinus
orca) are present. If Point Blue and/or
its designees see pinniped predators in
the area, they must not disturb the
pinnipeds until the area is free of
predators;
(6) Keep voices hushed and bodies
low to the ground in the visual presence
of pinnipeds;
(7) Conduct seabird observations at
North Landing on SEFI in an
observation blind, shielded from the
view of hauled out pinnipeds;
(8) Crawl slowly to access seabird nest
boxes on ANI if pinnipeds are within
view;
(9) Coordinate research visits to
intertidal areas of SEFI (to reduce
potential take) and coordinate research
activities for ANI to minimize the
number of trips to the island; and
(10) Require that beach landings on
ANI only occur after any pinnipeds that
might be present on the landing beach
have entered the water.
Point Blue will contribute to the
knowledge of pinnipeds in California by
noting observations of: (1) Unusual
behaviors, numbers, or distributions of
257,606
179,000
30,968
41,638
Total proposed
Level B take
Percentage of
stock or
population
32,623
239
304
43
12.7
0.13
0.98
0.10
pinnipeds, such that any potential
follow-up research can be conducted by
the appropriate personnel; (2) tagbearing pinnipeds or carcasses, allowing
transmittal of the information to
appropriate agencies and personnel; and
(3) rare or unusual species of marine
mammals for agency follow-up.
Required monitoring protocols for
Point Blue will include the following:
(1) Record of date, time, and location
(or closest point of ingress) of each visit
to the research site;
(2) Composition of the marine
mammals sighted, such as species,
gender, and life history stage (e.g., adult,
sub-adult, pup);
(3) Information on the numbers (by
species) of marine mammals observed
during the activities;
(4) Estimated number of marine
mammals (by species) that may have
been harassed during the activities;
(5) Behavioral responses or
modifications of behaviors that may be
attributed to the specific activities and
a description of the specific activities
occurring during that time (e.g.,
pedestrian approach, vessel approach);
and
(6) Information on the weather,
including the tidal state and horizontal
visibility.
The lead biologist will serve as an
observer to record incidental take. For
consistency, any reactions by pinnipeds
to researchers will be recorded
according to a three-point scale shown
in Table 2. Note that only observations
of disturbance noted in Levels 2 and 3
should be recorded as takes.
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TABLE 2—LEVELS OF PINNIPED BEHAVIORAL DISTURBANCE
Level
Type of response
Definition
1 .........
Alert .............................................
2 * .......
Movement ...................................
3 * .......
Flush ...........................................
Seal head orientation or brief movement in response to disturbance, which may include turning
head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped
position, changing from a lying to a sitting position, or brief movement of less than twice the animal’s body length.
Movements in response to the source of disturbance, ranging from short withdrawals at least twice
the animal’s body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 degrees.
All retreats (flushes) to the water.
* Only observations of disturbance Levels 2 and 3 are recorded as takes.
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This information must be
incorporated into a monitoring report
for NMFS. The monitoring report will
cover the period from January 1, 2019
through December 31, 2019. NMFS
requires that Point Blue submit annual
monitoring report data on a calendar
year schedule, regardless of the current
IHA’s initiation or expiration dates. This
ensures that data from all consecutive
months will be collected and, therefore,
can be analyzed to estimate authorized
take for future IHA’s regardless of the
existing IHA’s issuance date. Point Blue
will submit a draft monitoring report for
the 2019 activities to NMFS Office of
Protected Resources by April 1, 2020. A
final report will be prepared and
submitted within 30 days following
resolution of any comments on the draft
report from NMFS. If no comments are
received from NMFS, the draft
monitoring report will be considered to
be the final report.
Point Blue must also submit a draft
monitoring report covering the period
from January 1, 2020 through July 6,
2020. This report will be due by October
4, 2020 (90 days after the expiration of
the Renewal IHA). A final report must
be prepared and submitted within 30
days following resolution of any
comments on the draft report from
NMFS. If no comments are received
from NMFS, the draft monitoring report
will be considered to be the final report.
The reports must contain the
informational elements described above,
at minimum.
Point Blue must also report
observations of unusual pinniped
behaviors, numbers, or distributions and
tag-bearing carcasses to the NMFS West
Coast Regional Office.
If at any time the specified activity
clearly causes the take of a marine
mammal in a manner prohibited by this
IHA, such as an injury (Level A
harassment), serious injury, or
mortality, Point Blue will immediately
cease the specified activities and report
the incident to the NMFS Office of
Protected Resources, and the NMFS
West Coast Regional Stranding
Coordinator. The report must include
the following information:
(1) Time and date of the incident;
(2) Description of the incident;
(3) Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
(4) Description of all marine mammal
observations in the 24 hours preceding
the incident;
(5) Species identification or
description of the animal(s) involved;
(6) Fate of the animal(s); and
(7) Photographs or video footage of
the animal(s).
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Activities must not resume until
NMFS is able to review the
circumstances of the prohibited take.
NMFS will work with Point Blue to
determine what measures are necessary
to minimize the likelihood of further
prohibited take and ensure MMPA
compliance. Point Blue may not resume
the activities until notified by NMFS.
In the event that an injured or dead
marine mammal is discovered and it is
determined that the cause of the injury
or death is unknown and the death is
relatively recent (e.g., in less than a
moderate state of decomposition), Point
Blue must immediately report the
incident to the Office of Protected
Resources, NMFS, and the West Coast
Regional Stranding Coordinator, NMFS.
The report must include the same
information required in the report on
unauthorized take. Activities may
continue while NMFS reviews the
circumstances of the incident. NMFS
will work with Point Blue to determine
whether additional mitigation measures
or modifications to the activities are
appropriate.
In the event that an injured or dead
marine mammal is discovered and it is
determined that the injury or death is
not associated with or related to the
activities covered by the IHA (e.g.,
previously wounded animal, carcass
with moderate to advanced
decomposition, or scavenger damage),
Point Blue must report the incident to
the Office of Protected Resources,
NMFS, and the West Coast Regional
Stranding Coordinator, NMFS, within
24 hours of the discovery. Point Blue
must provide photographs, video
footage, or other documentation of the
stranded animal sighting to NMFS.
Activities may continue while NMFS
reviews the circumstances of the
incident.
Public Comments
A notice of NMFS’ proposal to issue
a Renewal to Point Blue was published
on November 14, 2019 (84 FR 61892). A
second notice of proposed IHA Renewal
was published on December 31, 2019
(84 FR 72301). These notices either
described, or referenced descriptions of,
Point Blue’s activity, the marine
mammal species that may be affected by
the activity, the potential effects on
marine mammals and their habitat,
proposed amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. During the
public comment periods, NMFS
received comment letters from the
Marine Mammal Commission
(Commission). The comments and our
responses are provided below.
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Comment 1: In their November 22,
2019 letter, the Commission noted that
Point Blue’s initial IHA did not include
the terms and conditions outlining the
possibility of a Renewal and that Point
Blue did not request the IHA Renewal
at least 60 days prior to the expiration
of their initial IHA. The Commission
also noted that the monitoring report
provided by Point Blue covered the
period of January 1, 2018 through
December 31, 2018, though the initial
authorization was valid from July 7,
2018 through July 6, 2019. The
Commission claimed that without
monitoring data from January 1 until
July 6, 2019, it is unclear whether the
number of animals taken were within
the authorized limits of the initial IHA.
Therefore, the Commission
recommended NMFS deny Point Blue’s
request for an IHA Renewal and
republish an abbreviated notice of
proposed IHA with a 30-day public
comment period.
Response: Though the Commission is
correct that the Renewal IHA
requirements were unintentionally left
out of the final authorization for Point
Blue’s initial IHA, complete information
on the terms and conditions for
considering a Renewal were included in
the notice of the initial proposed IHA
(83 FR 20045; May 7, 2018), which also
invited the public to comment on both
the initial proposed IHA and the
potential for a Renewal. It is this notice
that is important to ensure the public
has sufficient information to comment
on a potential Renewal for the specific
activity. The purpose of Renewal
process language being included in the
issued initial IHA itself is to remind the
IHA holder of the possibility of seeking
a Renewal, if their activities qualify. But
this information was in the notice of the
proposed initial IHA and is also easily
accessible on NMFS’ website, so while
the information should have been
included in the final initial IHA, its
omission did not inhibit the Renewal
process.
The Commission is correct that Point
Blue did not request a Renewal at least
60 days prior to the expiration of their
2018 IHA, but NMFS has since revised
the conditions for a Renewal to state
that a request for Renewal must be
received no later than 60 days prior to
the needed Renewal. The purpose of the
60-day deadline was to ensure that
NMFS has sufficient time to process the
Renewal request. Where authorization
under Renewal IHAs will not extend
beyond one year from expiration of the
initial IHA regardless of when the
renewal application is received and
where it is up to the applicant to
determine when take coverage is
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needed, we realized that a Renewal
request can be received later than 60
days prior to expiration of the initial
IHA provided NMFS has 60 days to
process the renewal. The instructions
for applying for a Renewal IHA have
been revised accordingly.
The initial IHA required a monitoring
report covering the period from January
1, 2018 through December 31, 2018 to
be submitted by April 1, 2019. As
discussed earlier, Point Blue’s annual
monitoring report is based on a calendar
year regardless of the IHA’s initiation or
expiration dates to ensure that data from
all consecutive months can be analyzed
to estimate authorized take for future
IHA’s regardless of the existing IHA’s
issuance date. Point Blue submitted
their monitoring report on time and the
report indicated no impacts of a scale or
nature not previously analyzed or
authorized, which is required for
consideration of a Renewal IHA. Point
Blue subsequently provided an updated
report of takes from January 1, 2019
through the expiration of the initial IHA
on July 6, 2019. In their January 8, 2020
letter, the Commission noted that the
updated report contained only a table of
reported takes, and suggested that the
updated report was inadequate to
support NMFS’ requirement that the
report shows that no impacts of a scale
or nature not previously analyzed or
authorized had occurred as a result of
the activities conducted. When the
updated monitoring report is considered
in conjunction with the initial
monitoring report provided as required
by their 2018 IHA, NMFS has
determined that the reporting
requirements have been satisfied and
the monitoring results indicate no
impacts of a scale or nature not
previously analyzed and authorized.
Comment 2: In their November 22,
2019 letter, the Commission noted that
the description of the Renewals process
on NMFS’s website indicates that NMFS
would directly contact all commenters
on the initial authorization by email,
phone, or postal service to notify them
of the proposed IHA Renewal and
provide commenters the opportunity to
submit additional comment, but that the
Commission had not been directly
contacted regarding any proposed IHA
Renewals to date.
Response: NMFS published a second
notice of the proposed Renewal IHA on
December 31, 2019 (84 FR 72301) and
ensured that the Commission was
directly notified by email. NMFS will
ensure that the Commission is contacted
along with all other persons who
commented on the initial IHA on all
future proposed IHA Renewals. We
regret the oversight, which occurred
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because the Commission itself has
consistently contacted NMFS regarding
both proposed initial IHAs and
proposed Renewal IHAs, either upon
notice of the proposed IHA being posted
online by the Office of the Federal
Register for public inspection (which
occurs the day prior to formal
publication) or on the first day of the
formal comment period, without
notification of the proposed IHA from
NMFS.
Comment 3: The Commission noted
that Point Blue has been requesting oneyear authorizations to take marine
mammals incidental to its activities for
numerous years, and their activities are
likely to continue into the future. The
Commission therefore recommended
that NMFS authorize the taking of
marine mammals incidental to Point
Blue’s activities via a rulemaking rather
than individual IHAs and Renewals for
all future Point Blue activities.
Response: NMFS thanks the
Commission for their recommendation.
Point Blue has submitted a request for
MMPA five-year regulations and Letters
of Authorization and NMFS published a
Notice of Receipt of Point Blue’s request
on December 4, 2019 (84 FR 66379).
Comment 4: In their January 8, 2020
letter, the Commission alleged that
NMFS revised its Renewal process in
response to receiving Point Blue’s
request for Renewal later than 60 days
prior to expiration of their IHA. For this
reason, and those summarized in the
previous comments, the Commission
recommended NMFS deny Point Blue’s
request to renew its 2018 IHA, and
refrain from issuing a new IHA without
the standard 30-day public comment
opportunity for proposed IHAs.
Response: As discussed earlier,
NMFS’s consideration of when a
Renewal IHA application must be
submitted has evolved since the initial
notice of proposed IHA, and we have
revised our procedure for Renewals
accordingly. The updated procedure is
provided on NMFS’ website (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals) and
will be included in all future
authorizations. Additionally, we note
that the total of the two comment
periods for the Point Blue proposed
Renewal IHA was 30 days, which in
combination with the initial 30-day
comment period on the potential for a
Renewal IHA provided a total of 60 days
for public comment.
Determinations
The seabird research and monitoring
activities conducted by Point Blue, the
method of taking, and the effects of the
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Fmt 4703
Sfmt 4703
action are identical to those analyzed in
the initial IHA, as is the planned
frequency of research site visits within
the authorization period. The potential
effects of Point Blue’s activities are
limited to Level B harassment in the
form of behavioral disturbance. In
analyzing the effects of the activity in
the initial IHA, NMFS determined that
Point Blue’s activities would have a
negligible impact on the affected species
or stocks and that the authorized take
numbers of each species or stock were
small relative to the relevant stocks (e.g.,
less than 13 percent for all stocks). The
numbers of marine mammals authorized
to be taken are identical to those
authorized in the initial IHA. The
mitigation measures and monitoring and
reporting requirements as described
above are identical to the initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. This
includes consideration of the estimated
abundance of the California sea lion
stock decreasing slightly. Based on the
information and analysis 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 and stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4) Point
Blue’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.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
anticipated serious injury or mortality)
of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
E:\FR\FM\20FEN1.SGM
20FEN1
Federal Register / Vol. 85, No. 34 / Thursday, February 20, 2020 / Notices
exclusion. Accordingly, NMFS has
determined that the issuance of the IHA
Renewal qualifies to be categorically
excluded from further NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA: 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally, in this
case with the West Coast Region
Protected Resources Division Office,
whenever we propose to authorize take
for endangered or threatened species.
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for this action.
Renewal
NMFS has issued a Renewal IHA to
Point Blue for the taking of marine
mammals incidental to conducting
seabird research in central California
from the date of issuance (February 14,
2020) through July 6, 2020.
Dated: February 14, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–03399 Filed 2–19–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Telecommunications and
Information Administration
Proposed Information Collection;
Comment Request; NTIA/FCC WebBased Frequency Coordination System
National Telecommunications
and Information Administration,
Commerce.
ACTION: Notice.
AGENCY:
The Department of
Commerce, as part of its continuing
effort to reduce paperwork and
respondent burden, invites the general
public and other Federal agencies to
take this opportunity to comment on
proposed and/or continuing information
collections, as required by the
Paperwork Reduction Act of 1995.
DATES: Written comments must be
submitted on or before April 20, 2020.
lotter on DSKBCFDHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
19:48 Feb 19, 2020
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Direct all written comments
to Edward F. Drocella, Office of
Spectrum Management, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue NW, Room 6725, Washington,
DC 20230 (or via the internet at
PRAComments@doc.gov). All comments
submitted in response to this notice are
a part of the public record and will be
made available to the public, which may
include posting them on the
Regulations.gov website. Comments will
generally be posted without change.
Please do not include information of a
confidential nature, such as sensitive
personal information or proprietary
information. All Personally Identifiable
Information (for example, name and
address) voluntarily submitted may be
publicly accessible. If you send an email
comment, your email address will be
automatically captured and included as
part of the comment that is placed in the
public docket. Please note that
comments that include a message
stating the confidentiality of the
communication will be treated as public
comments and will be made available to
the public.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
copies of the information collection
instrument and instructions should be
directed to Edward F. Drocella, Office of
Spectrum Management, National
Telecommunications and Information
Administration, 1401 Constitution
Avenue NW, Room 6725, Washington,
DC 20230, (202) 482–2608, edrocella@
ntia.gov.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Abstract
The National Telecommunications
and Information Administration (NTIA)
hosts a web-based system that collects
specific identification information (e.g.,
company name, location and projected
range of the operation, etc.) from
applicants seeking authorization by the
Federal Communications Commission
(FCC) to operate in radio frequency (RF)
bands that are shared on a co-primary
basis by federal and non-federal users.
The web-based system provides a means
for non-federal applicants to rapidly
determine the availability of RF
spectrum in a specific location, or the
need for detailed frequency
coordination of a specific newly
proposed assignment within the shared
portions of the radio spectrum. The
website allows proposed radio site
information of a non-federal applicant
to be analyzed, and a real-time
determination made as to whether there
is a potential for interference to, or from,
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Fmt 4703
Sfmt 4703
9745
existing Federal government radio
operations in the vicinity of the
proposed site. This web-based
coordination helps expedite the
coordination process for non-federal
applicants while assuring protection of
government data relating to national
security. The information provided by
non-federal applicants will also assure
the protection of the applicant’s station
from radio frequency interference from
future government operations.
II. Method of Collection
NTIA collects the data by means of an
internet web-based system. The
applications on the website provide
real-time responses to obtain either: (1)
A validation of the coordination of a
single frequency, or (2) a notification of
the unavailability of a frequency at the
one site and that further coordination
will be required by the FCC and NTIA.
III. Data
OMB Control No: 0660–0018.
Form No.: N/A.
Type of Review: Regular submission
(extension of currently approved
information collection).
Affected Public: Applicants seeking to
operate in the 71–76 GHz, 81–86 GHz,
and 92–95 GHz radio frequency bands.
Estimated Total Number of
Respondents: 5,500.
Estimated Time per Response: 15
minutes.
Estimated Total Annual Burden
Hours: 1,375.
Estimated Total Annual Cost to
Public: $0.00.
IV. Request for Comments
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information shall have a
practical utility; (b) the accuracy of the
agency’s estimate of the burden
(including hours and cost) of the
proposed collection of information; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on respondents, including through the
use of automated collection techniques
or other forms of information
technology.
Comments submitted in response to
this notice will be summarized and/or
included in the request for OMB
approval of this information collection;
E:\FR\FM\20FEN1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9740-9745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03399]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XR081]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Seabird Research Activities in
Central California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization
renewal.
-----------------------------------------------------------------------
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)
Renewal to Point Blue Conservation Science (Point Blue) to harass
marine mammals incidental to seabird research activities in central
California.
DATES: This IHA Renewal is valid from February 14, 2020 through July 6,
2020.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
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 is 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 the species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of the takings are also required.
The meaning of key terms such as ``take,'' ``harassment,'' and
``negligible impact'' can be found in section 3 of the MMPA (16 U.S.C.
1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Since that time, we have made minor changes to the
Renewal process, none of which materially affects the scope of a
Renewal IHA or the conditions for receiving one. Specifically, on a
case-by-case basis, NMFS may issue a one-year IHA Renewal when (1) up
to 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 of the initial IHA. The
expiration date of the Renewal IHA cannot extend beyond one year from
expiration of the initial IHA. All of the following conditions must be
met in order to issue a Renewal:
A request for Renewal is received no later than 60 days
prior to the needed Renewal. Previously the request was to be received
no later than 60 days prior to expiration of the initial IHA. But where
authorization under Renewal IHAs will not extend beyond one year from
expiration of the initial IHA regardless of when the renewal
application is received and where it is up to the applicant to
determine when take coverage is needed, a request can be received later
than 60 days prior to expiration of the initial IHA provided NMFS has
60 days to process the renewal;
The request for Renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial IHA dates 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 initial findings remain valid.
For this Renewal IHA, the request was received later than 60 days
prior to expiration of the initial IHA. However, the other
qualifications were met and these circumstances initiated the agency's
consideration of whether the
[[Page 9741]]
original 60-day deadline requirement was necessary and appropriate.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. In this case, the agency
inadvertently did not provide direct notice to a commenter when the
Renewal was first proposed (84 FR 61892; November 14, 2019). Therefore,
NMFS republished a notice of proposed Renewal on December 31, 2019 (84
FR 72301) to allow an additional 15 days of public comment (for a total
of 60 days), with direct notice provided to that commenter.
A description of the Renewal process may be found on our website
at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Comments that were
received on the potential Renewal, along with relevant comments on the
initial IHA, were considered in the development of this Renewal IHA,
and agency responses to applicable comments have been included in this
notice.
History of Request
On June 28, 2018, NMFS issued an IHA to Point Blue to take marine
mammals incidental to seabird research activities in central California
(83 FR 31372; July 5, 2018), effective from July 7, 2018 through July
6, 2019. On August 20, 2019, NMFS received an application for the
Renewal of that initial IHA. As described in the application for
Renewal, the activities for which incidental take is requested are
identical to those covered in the initial authorization. As required,
the applicant also provided a preliminary monitoring report consisting
of the report of actual takes from January 1, 2018 through December 31,
2018 plus an updated report of takes from January 1, 2019 through the
expiration of the initial IHA on July 6, 2019, which was provided
following publication of the first proposed Renewal notice. Both
reports are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities and confirm that the applicant has implemented the
required mitigation and monitoring. The reports also show that no
impacts of a scale or nature not previously analyzed or authorized have
occurred as a result of the activities conducted. On November 14, 2019
we published a notice of proposed Renewal IHA (84 FR 61892). A second
notice of proposed Renewal IHA was published on December 31, 2019 (84
FR 72301) allowing for an additional 15 days of public comment.
Description of the Specified Activities and Anticipated Impacts
Point Blue plans to monitor and census seabird populations, observe
seabird nesting habitat, restore nesting burrows, and resupply a field
station annually in central California. The planned activities occur on
Southeast Farallon Island (SEFI), A[ntilde]o Nuevo Island (ANO), and
Point Reyes National Seashore (PRNS). Point Blue, along with partners
Oikonos Ecosystem Knowledge and PRNS, have been conducting seabird
research activities at these locations for over 30 years. This research
is conducted under cooperative agreements with the U.S. Fish and
Wildlife Service (USFWS) in consultation with the Gulf of the
Farallones National Marine Sanctuary. The seabird research and
monitoring activities planned by Point Blue are identical to those
analyzed in the initial IHA issued by NMFS, described in detail in the
notice of Proposed IHA (83 FR 20045; May 7, 2018).
Presence of researchers has the potential to disturb pinnipeds
hauled out at SEFI, ANO, and PRNS. As in the initial authorization,
NMFS anticipates that take, by Level B harassment only, of California
sea lions (Zalophus californianus), harbor seals (Phoca vitulina),
northern elephant seals (Mirounga angustirostris), and Steller sea
lions (Eumetopias jubatus) could result from the specified activity (83
FR 31372; July 5, 2018).
Detailed Description of the Activity
A detailed description of the seabird research and monitoring
activities for which take is authorized here may be found in the
notices of the Proposed and Final IHAs for the initial authorization
(83 FR 20045, May 7, 2018; 83 FR 31372, July 5, 2018). The locations
(as described in the Specific Geographic Region section of the initial
IHA), timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices. This Renewal is effective from February 14, 2020
through July 6, 2020.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take has been authorized, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
Proposed IHA for the initial authorization (83 FR 20045; May 7, 2018).
NMFS has reviewed the monitoring data from the initial IHA, recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature. The 2018 Stock
Assessment Report notes that the estimated abundance of California sea
lions has decreased slightly, however, neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the section Description of
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the notice of the Proposed IHA for the
initial authorization (83 FR 20045; May 7, 2018). NMFS has reviewed the
monitoring data from the initial IHA, recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, other scientific
literature, and the public comments received, and determined that
neither these nor any other new information affects our initial
analysis of potential impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity is found in the notices of the Proposed
and Final IHAs for the initial authorization (83 FR 20045, May 7, 2018;
83 FR 31372, July 5, 2018). Specifically, the expected number of survey
days, and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHA, as do the number of
authorized takes, which are indicated below in Table 1. As in the
initial IHA, the take estimates are based on historical data from the
previous five monitoring reports (2013-2014, 2014-2015, 2015-2016,
2016-2017, and 2017-2018) to generate 95 percent confidence interval
maximums (assuming normal distribution) using STATA, a general-purpose
statistical computer package. Takes recorded in all previous monitoring
reports were based on occurrences that are consistent with Levels 2 and
3 of the three-point harassment scale (see Table 2).
[[Page 9742]]
Table 1--Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be
Taken
----------------------------------------------------------------------------------------------------------------
Percentage of
Species Stock Stock Total proposed stock or
abundance Level B take population
----------------------------------------------------------------------------------------------------------------
California sea lion................... U.S..................... 257,606 32,623 12.7
Northern elephant seal................ California breeding 179,000 239 0.13
stock.
Harbor seal........................... California.............. 30,968 304 0.98
Steller sea lion...................... Eastern U.S............. 41,638 43 0.10
----------------------------------------------------------------------------------------------------------------
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the notice announcing the issuance of the initial IHA (83 FR 31372;
July 5, 2018), and the discussion of the least practicable adverse
impact included in that document remains accurate. The following
measures are included in this Renewal:
To reduce the potential for disturbance from acoustic and visual
stimuli associated with survey activities Point Blue will implement the
following mitigation measures for marine mammals:
(1) Slow approach to beaches for boat landings to avoid stampede,
provide animals opportunity to enter water, and avoid vessel strikes;
(2) Observe a site from a distance, using binoculars if necessary,
to detect any marine mammals prior to approach to determine if
mitigation is required (i.e., site surveys will not be conducted if fur
seals are present; if other pinnipeds are present, researchers will
approach with caution, walking slowly, quietly, and close to the ground
to avoid surprising any hauled-out individuals and to reduce flushing/
stampeding of individuals);
(3) Avoid pinnipeds along access ways to sites by locating and
taking a different access way. Researchers will keep a safe distance
from and not approach any marine mammal while conducting research,
unless it is absolutely necessary to flush a marine mammal in order to
continue conducting research (i.e., if a site cannot be accessed or
sampled due to the presence of pinnipeds);
(4) Cease or delay visits if the number of takes that have been
authorized are met, if a species for which takes were not authorized is
observed (e.g., northern fur seals (Callorhinus ursinus) and Guadalupe
fur seals (Arctocephalus townsendi)), or if pups are present;
(5) Monitor for offshore predators and do not approach hauled out
pinnipeds if great white sharks (Carcharodon carcharias) or killer
whales (Orcinus orca) are present. If Point Blue and/or its designees
see pinniped predators in the area, they must not disturb the pinnipeds
until the area is free of predators;
(6) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds;
(7) Conduct seabird observations at North Landing on SEFI in an
observation blind, shielded from the view of hauled out pinnipeds;
(8) Crawl slowly to access seabird nest boxes on ANI if pinnipeds
are within view;
(9) Coordinate research visits to intertidal areas of SEFI (to
reduce potential take) and coordinate research activities for ANI to
minimize the number of trips to the island; and
(10) Require that beach landings on ANI only occur after any
pinnipeds that might be present on the landing beach have entered the
water.
Point Blue will contribute to the knowledge of pinnipeds in
California by noting observations of: (1) Unusual behaviors, numbers,
or distributions of pinnipeds, such that any potential follow-up
research can be conducted by the appropriate personnel; (2) tag-bearing
pinnipeds or carcasses, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up.
Required monitoring protocols for Point Blue will include the
following:
(1) Record of date, time, and location (or closest point of
ingress) of each visit to the research site;
(2) Composition of the marine mammals sighted, such as species,
gender, and life history stage (e.g., adult, sub-adult, pup);
(3) Information on the numbers (by species) of marine mammals
observed during the activities;
(4) Estimated number of marine mammals (by species) that may have
been harassed during the activities;
(5) Behavioral responses or modifications of behaviors that may be
attributed to the specific activities and a description of the specific
activities occurring during that time (e.g., pedestrian approach,
vessel approach); and
(6) Information on the weather, including the tidal state and
horizontal visibility.
The lead biologist will serve as an observer to record incidental
take. For consistency, any reactions by pinnipeds to researchers will
be recorded according to a three-point scale shown in Table 2. Note
that only observations of disturbance noted in Levels 2 and 3 should be
recorded as takes.
Table 2--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
1............ Alert............... Seal head orientation or brief
movement in response to
disturbance, which may include
turning head towards the
disturbance, craning head and neck
while holding the body rigid in a
u-shaped position, changing from a
lying to a sitting position, or
brief movement of less than twice
the animal's body length.
2 *.......... Movement............ Movements in response to the source
of disturbance, ranging from short
withdrawals at least twice the
animal's body length to longer
retreats over the beach, or if
already moving a change of
direction of greater than 90
degrees.
3 *.......... Flush............... All retreats (flushes) to the
water.
------------------------------------------------------------------------
* Only observations of disturbance Levels 2 and 3 are recorded as takes.
[[Page 9743]]
This information must be incorporated into a monitoring report for
NMFS. The monitoring report will cover the period from January 1, 2019
through December 31, 2019. NMFS requires that Point Blue submit annual
monitoring report data on a calendar year schedule, regardless of the
current IHA's initiation or expiration dates. This ensures that data
from all consecutive months will be collected and, therefore, can be
analyzed to estimate authorized take for future IHA's regardless of the
existing IHA's issuance date. Point Blue will submit a draft monitoring
report for the 2019 activities to NMFS Office of Protected Resources by
April 1, 2020. A final report will be prepared and submitted within 30
days following resolution of any comments on the draft report from
NMFS. If no comments are received from NMFS, the draft monitoring
report will be considered to be the final report.
Point Blue must also submit a draft monitoring report covering the
period from January 1, 2020 through July 6, 2020. This report will be
due by October 4, 2020 (90 days after the expiration of the Renewal
IHA). A final report must be prepared and submitted within 30 days
following resolution of any comments on the draft report from NMFS. If
no comments are received from NMFS, the draft monitoring report will be
considered to be the final report. The reports must contain the
informational elements described above, at minimum.
Point Blue must also report observations of unusual pinniped
behaviors, numbers, or distributions and tag-bearing carcasses to the
NMFS West Coast Regional Office.
If at any time the specified activity clearly causes the take of a
marine mammal in a manner prohibited by this IHA, such as an injury
(Level A harassment), serious injury, or mortality, Point Blue will
immediately cease the specified activities and report the incident to
the NMFS Office of Protected Resources, and the NMFS West Coast
Regional Stranding Coordinator. The report must include the following
information:
(1) Time and date of the incident;
(2) Description of the incident;
(3) Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
(4) Description of all marine mammal observations in the 24 hours
preceding the incident;
(5) Species identification or description of the animal(s)
involved;
(6) Fate of the animal(s); and
(7) Photographs or video footage of the animal(s).
Activities must not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with Point Blue to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. Point Blue may not
resume the activities until notified by NMFS.
In the event that an injured or dead marine mammal is discovered
and it is determined that the cause of the injury or death is unknown
and the death is relatively recent (e.g., in less than a moderate state
of decomposition), Point Blue must immediately report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the same
information required in the report on unauthorized take. Activities may
continue while NMFS reviews the circumstances of the incident. NMFS
will work with Point Blue to determine whether additional mitigation
measures or modifications to the activities are appropriate.
In the event that an injured or dead marine mammal is discovered
and it is determined that the injury or death is not associated with or
related to the activities covered by the IHA (e.g., previously wounded
animal, carcass with moderate to advanced decomposition, or scavenger
damage), Point Blue must report the incident to the Office of Protected
Resources, NMFS, and the West Coast Regional Stranding Coordinator,
NMFS, within 24 hours of the discovery. Point Blue must provide
photographs, video footage, or other documentation of the stranded
animal sighting to NMFS. Activities may continue while NMFS reviews the
circumstances of the incident.
Public Comments
A notice of NMFS' proposal to issue a Renewal to Point Blue was
published on November 14, 2019 (84 FR 61892). A second notice of
proposed IHA Renewal was published on December 31, 2019 (84 FR 72301).
These notices either described, or referenced descriptions of, Point
Blue's activity, the marine mammal species that may be affected by the
activity, the potential effects on marine mammals and their habitat,
proposed amount and manner of take, and proposed mitigation, monitoring
and reporting measures. During the public comment periods, NMFS
received comment letters from the Marine Mammal Commission
(Commission). The comments and our responses are provided below.
Comment 1: In their November 22, 2019 letter, the Commission noted
that Point Blue's initial IHA did not include the terms and conditions
outlining the possibility of a Renewal and that Point Blue did not
request the IHA Renewal at least 60 days prior to the expiration of
their initial IHA. The Commission also noted that the monitoring report
provided by Point Blue covered the period of January 1, 2018 through
December 31, 2018, though the initial authorization was valid from July
7, 2018 through July 6, 2019. The Commission claimed that without
monitoring data from January 1 until July 6, 2019, it is unclear
whether the number of animals taken were within the authorized limits
of the initial IHA. Therefore, the Commission recommended NMFS deny
Point Blue's request for an IHA Renewal and republish an abbreviated
notice of proposed IHA with a 30-day public comment period.
Response: Though the Commission is correct that the Renewal IHA
requirements were unintentionally left out of the final authorization
for Point Blue's initial IHA, complete information on the terms and
conditions for considering a Renewal were included in the notice of the
initial proposed IHA (83 FR 20045; May 7, 2018), which also invited the
public to comment on both the initial proposed IHA and the potential
for a Renewal. It is this notice that is important to ensure the public
has sufficient information to comment on a potential Renewal for the
specific activity. The purpose of Renewal process language being
included in the issued initial IHA itself is to remind the IHA holder
of the possibility of seeking a Renewal, if their activities qualify.
But this information was in the notice of the proposed initial IHA and
is also easily accessible on NMFS' website, so while the information
should have been included in the final initial IHA, its omission did
not inhibit the Renewal process.
The Commission is correct that Point Blue did not request a Renewal
at least 60 days prior to the expiration of their 2018 IHA, but NMFS
has since revised the conditions for a Renewal to state that a request
for Renewal must be received no later than 60 days prior to the needed
Renewal. The purpose of the 60-day deadline was to ensure that NMFS has
sufficient time to process the Renewal request. Where authorization
under Renewal IHAs will not extend beyond one year from expiration of
the initial IHA regardless of when the renewal application is received
and where it is up to the applicant to determine when take coverage is
[[Page 9744]]
needed, we realized that a Renewal request can be received later than
60 days prior to expiration of the initial IHA provided NMFS has 60
days to process the renewal. The instructions for applying for a
Renewal IHA have been revised accordingly.
The initial IHA required a monitoring report covering the period
from January 1, 2018 through December 31, 2018 to be submitted by April
1, 2019. As discussed earlier, Point Blue's annual monitoring report is
based on a calendar year regardless of the IHA's initiation or
expiration dates to ensure that data from all consecutive months can be
analyzed to estimate authorized take for future IHA's regardless of the
existing IHA's issuance date. Point Blue submitted their monitoring
report on time and the report indicated no impacts of a scale or nature
not previously analyzed or authorized, which is required for
consideration of a Renewal IHA. Point Blue subsequently provided an
updated report of takes from January 1, 2019 through the expiration of
the initial IHA on July 6, 2019. In their January 8, 2020 letter, the
Commission noted that the updated report contained only a table of
reported takes, and suggested that the updated report was inadequate to
support NMFS' requirement that the report shows that no impacts of a
scale or nature not previously analyzed or authorized had occurred as a
result of the activities conducted. When the updated monitoring report
is considered in conjunction with the initial monitoring report
provided as required by their 2018 IHA, NMFS has determined that the
reporting requirements have been satisfied and the monitoring results
indicate no impacts of a scale or nature not previously analyzed and
authorized.
Comment 2: In their November 22, 2019 letter, the Commission noted
that the description of the Renewals process on NMFS's website
indicates that NMFS would directly contact all commenters on the
initial authorization by email, phone, or postal service to notify them
of the proposed IHA Renewal and provide commenters the opportunity to
submit additional comment, but that the Commission had not been
directly contacted regarding any proposed IHA Renewals to date.
Response: NMFS published a second notice of the proposed Renewal
IHA on December 31, 2019 (84 FR 72301) and ensured that the Commission
was directly notified by email. NMFS will ensure that the Commission is
contacted along with all other persons who commented on the initial IHA
on all future proposed IHA Renewals. We regret the oversight, which
occurred because the Commission itself has consistently contacted NMFS
regarding both proposed initial IHAs and proposed Renewal IHAs, either
upon notice of the proposed IHA being posted online by the Office of
the Federal Register for public inspection (which occurs the day prior
to formal publication) or on the first day of the formal comment
period, without notification of the proposed IHA from NMFS.
Comment 3: The Commission noted that Point Blue has been requesting
one-year authorizations to take marine mammals incidental to its
activities for numerous years, and their activities are likely to
continue into the future. The Commission therefore recommended that
NMFS authorize the taking of marine mammals incidental to Point Blue's
activities via a rulemaking rather than individual IHAs and Renewals
for all future Point Blue activities.
Response: NMFS thanks the Commission for their recommendation.
Point Blue has submitted a request for MMPA five-year regulations and
Letters of Authorization and NMFS published a Notice of Receipt of
Point Blue's request on December 4, 2019 (84 FR 66379).
Comment 4: In their January 8, 2020 letter, the Commission alleged
that NMFS revised its Renewal process in response to receiving Point
Blue's request for Renewal later than 60 days prior to expiration of
their IHA. For this reason, and those summarized in the previous
comments, the Commission recommended NMFS deny Point Blue's request to
renew its 2018 IHA, and refrain from issuing a new IHA without the
standard 30-day public comment opportunity for proposed IHAs.
Response: As discussed earlier, NMFS's consideration of when a
Renewal IHA application must be submitted has evolved since the initial
notice of proposed IHA, and we have revised our procedure for Renewals
accordingly. The updated procedure is provided on NMFS' website
(https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals) and will be included in
all future authorizations. Additionally, we note that the total of the
two comment periods for the Point Blue proposed Renewal IHA was 30
days, which in combination with the initial 30-day comment period on
the potential for a Renewal IHA provided a total of 60 days for public
comment.
Determinations
The seabird research and monitoring activities conducted by Point
Blue, the method of taking, and the effects of the action are identical
to those analyzed in the initial IHA, as is the planned frequency of
research site visits within the authorization period. The potential
effects of Point Blue's activities are limited to Level B harassment in
the form of behavioral disturbance. In analyzing the effects of the
activity in the initial IHA, NMFS determined that Point Blue's
activities would have a negligible impact on the affected species or
stocks and that the authorized take numbers of each species or stock
were small relative to the relevant stocks (e.g., less than 13 percent
for all stocks). The numbers of marine mammals authorized to be taken
are identical to those authorized in the initial IHA. The mitigation
measures and monitoring and reporting requirements as described above
are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. This includes consideration of the estimated abundance of
the California sea lion stock decreasing slightly. Based on the
information and analysis 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 and
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; (4) Point Blue'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.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical
[[Page 9745]]
exclusion. Accordingly, NMFS has determined that the issuance of the
IHA Renewal qualifies to be categorically excluded from further NEPA
review.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally, in this case with the West Coast Region
Protected Resources Division Office, whenever we propose to authorize
take for endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a Renewal IHA to Point Blue for the taking of
marine mammals incidental to conducting seabird research in central
California from the date of issuance (February 14, 2020) through July
6, 2020.
Dated: February 14, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-03399 Filed 2-19-20; 8:45 am]
BILLING CODE 3510-22-P
