Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California, 53327-53331 [2020-18970]
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Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Notices
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Dated: August 25, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–18967 Filed 8–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA247]
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; proposed issuance of an
Incidental Harassment Authorization;
request for comments.
AGENCY:
NMFS has received a request
from Point Blue Conservation Science
(Point Blue), for authorization to take
marine mammals incidental to
conducting seabird research activities in
central California. Point Blue’s activities
are identical to activities previously
analyzed and for which take was
authorized by NMFS. Pursuant to the
SUMMARY:
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Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS
will consider public comments prior to
making any final decision on the
issuance of the requested MMPA
authorizations and agency responses
will be summarized in the final notice
of our decision.
DATES: Comments and information must
be received no later than September 28,
2020.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Fowler@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS FR 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
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exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made and either regulations are
issued or, if the taking is limited to
harassment, a notice of a proposed
incidental take authorization may be
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action (i.e., the issuance of an
IHA) with respect to potential impacts
on the human environment.
This action is consistent with
categories of activities identified in CE
B4 of the Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS has
preliminarily determined that the
issuance of the proposed IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
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History of Request
On January 4, 2018, NMFS received a
request from Point Blue for an IHA to
take marine mammals incidental to
seabird and marine mammal research
monitoring taking place at three
locations in central California. Point
Blue’s request is for take of California
sea lions (Zalophus californianus),
Pacific harbor seals (Phoca vitulina),
northern elephant seals (Mirounga
angustirostris), and Steller sea lions
(Eumetopias jubatus) by Level B
harassment only. NMFS published a
notice of a proposed IHA and request for
comments in the Federal Register on
May 7, 2018 (83 FR 20045). We
subsequently published the final notice
of our issuance of the IHA on July 5,
2018 (83 FR 31372), making the IHA
valid for July 7, 2018 through July 6,
2019.
On September 17, 2019, NMFS
received an application from Point Blue
requesting a letter of authorization
(LOA) for take of marine mammals
incidental to seabird research activities
in central California over the course of
five years. We determined the
application was adequate and complete
on November 26, 2019 and published a
notice of receipt of application in the
Federal Register on December 4, 2019
(84 FR 66379). On June 17, 2020, NMFS
received a request from Point Blue for
an IHA to take marine mammals
incidental to seabird research and
monitoring in central California. Point
Blue’s application was determined to be
adequate and complete on August 6,
2020. This IHA would be effective for a
period of one year from the date of
issuance, with the LOA expected to be
effective from January 1, 2021 to
December 31, 2025.
Point Blue’s proposed activities are
identical to those analyzed in the 2018
IHA, as are the proposed mitigation,
monitoring, and reporting requirements
described in detail in the Federal
Register notice of issuance of the 2018
IHA (83 FR 31372; July 5, 2018). The
proposed take numbers for Steller sea
lions have increased slightly, while the
proposed take numbers for California
sea lions, harbor seals, and northern
elephant seals are identical to those
analyzed in the 2018 IHA. Please see the
Estimated Take section of this notice for
more information.
Description of the Proposed Activity
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
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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.
Presence of researchers has the potential
to disturb pinnipeds hauled out at SEFI,
ANO, and PRNS. The seabird research
and monitoring activities planned by
Point Blue are identical to those
analyzed in the 2018–2019 IHA.
NMFS refers the reader to the
documents related to the previously
issued 2018–2019 IHA for more detailed
description of the project activities.
These previous documents include the
Federal Register notice of the issuance
of the 2018–2019 IHA for Point Blue’s
seabird research activities (83 FR 31372,
July 5, 2018), the Federal Register
notice of the proposed IHA (83 FR
20045; May 7, 2018), Point Blue’s
application, and all associated
references and documents, which are
available at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-research-and-otheractivities. A detailed description of the
seabird research and monitoring
activities is found in these documents.
Detailed Description of the Action
A detailed description of the
proposed seabird research and
monitoring activities is found in these
previous documents. The location,
timing, and nature of the activities,
including the types of equipment
planned for use, are identical to those
described in the previous notices.
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 Federal Register notice of the
proposed IHA for the 2018–2019
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
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which species or stocks have the
potential to be affected or the pertinent
information in the ‘‘Description of
Marine Mammals in the Area of
Specified Activities’’ section 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 activities on marine
mammals and their habitat may be
found in the documents supporting the
previous IHA, which remains applicable
to the issuance of the proposed 2020
IHA. There is no new information on
potential effects that affects our initial
analysis of potential impacts on marine
mammals and their habitat.
Estimated Take
Point Blue has been conducting
seabird research activities at SEFI, ANI,
and PRNS for over 30 years. Under
previous IHAs, Point Blue has
documented the numbers of marine
mammals taken by Level B harassment
at each of the research stations. Take
estimates are based on take reported by
Point Blue in the last five years (Table
1). 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 3). For all
species except California sea lions,
Point Blue’s requested annual take was
calculated as the maximum annual
recorded take for each species over the
last five years (2015–2019) or the
authorized take from the most recent
IHA, whichever was greater. For
California sea lions, the proposed take is
identical to the authorized take in the
most recent authorization, which is less
than the highest year. The recorded take
of California sea lions has been
decreasing over the past five years,
which is why the take numbers from the
highest year were not used. However,
the proposed take authorization (32,623
takes by Level B harassment) is
proposed in order to sufficiently
account for any unexpected increases in
occurrences of California sea lions such
as that which occurred between 2014
and 2015, when the recorded takes went
up from around 10,000 to 36,000.
A detailed description of the methods
and inputs used to estimate take for
most recent IHA is found in the Federal
Register notices of the proposed and
final IHAs for the 2018–2019
authorization (83 FR 20045, May 7,
2018; 83 FR 31372, July 5, 2018) but in
summary, the take estimates are based
on historical data from the previous five
monitoring reports (2014, 2015, 2016,
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2017, and 2018) to generate 95 percent
confidence interval maximums
(assuming normal distribution) using
STATA, a general-purpose statistical
computer package.
TABLE 1—REPORTED TAKE OBSERVATIONS FROM PREVIOUS IHAS
Reported take observations for all activities
Authorized
takes from
most recent
IHA
Species
2014
California sea lion ....
Northern elephant
seal .......................
Pacific harbor seal ...
Steller sea lion .........
2015
2016
2017
2018
2019
Total
requested
annual takes
by Level B
harassment
10,048
36,417
23,173
22,752
17,487
10,408
32,623
32,623
145
284
59
175
292
31
119
175
32
202
234
35
85
229
5
79
82
61
239
304
43
239
304
61
In this authorization, 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. The only change from the most
recent authorization is the proposed
take numbers for Steller sea lions,
which increased based on consideration
of reported take numbers from past
authorizations.
TABLE 2—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 Proposed Mitigation,
Monitoring and Reporting Measures
The mitigation, monitoring, and
reporting measures proposed here are
identical to those included in the notice
announcing the issuance of the 2018–
2019 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 proposed for
inclusion in this IHA:
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
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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;
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257,606
179,000
30,968
41,638
Total proposed
Level B take
32,623
239
304
61
Percentage
of stock or
population
12.7
0.13
0.98
0.14
(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) 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;
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(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 3. Note that only observations
of disturbance noted in Levels 2 and 3
should be recorded as takes.
TABLE 3—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.
This information must be
incorporated into a monitoring report
for NMFS. The monitoring report will
cover the period from January 1, 2020
through December 31, 2020. 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 2020 activities to NMFS Office of
Protected Resources by April 1, 2021. 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, 2021 through the date
of expiration of this authorization. This
report will be due 90 days after the
expiration of this authorization. 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
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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
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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.
Preliminary Determinations
The seabird research and monitoring
activities proposed by Point Blue, the
method of taking, and the effects of the
action are identical to those analyzed in
the 2018–2019 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
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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 California sea lions, harbor
seals, and northern elephant seals
proposed to be taken are identical to
those authorized in the 2018–2019 IHA,
while the numbers of Steller sea lions
proposed to be taken have increased
slightly. However, the increased
numbers of Steller sea lions result in
only minor increased percentage of
stock proposed to be taken (e.g., from
0.10 to 0.14 percent of the Eastern U.S.
stock of Steller sea lions) and NMFS has
preliminarily determined that the
proposed take is still considered small
relative to the relevant stock
abundances. The mitigation measures
and monitoring and reporting
requirements as described above are
identical to the initial IHA.
NMFS has preliminarily 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 and the
increased estimated take of Steller sea
lions. Based on the information
contained here and in the referenced
documents, NMFS has preliminarily
determined the following: (1) The
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the proposed authorized
takes will have a negligible impact on
the affected marine mammal species or
stocks; (3) the proposed authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) 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.
Endangered Species Act (ESA)
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. No
incidental take of ESA-listed species is
authorized or expected to result from
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this activity. Therefore, NMFS has
determined that formal consultation
under section 7 of the ESA is not
required for this action.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to Point Blue for conducting
seabird research and monitoring
activities in central California for a
period of one year from the date of
issuance, provided the previously
mentioned mitigation, monitoring, and
reporting requirements are incorporated.
A draft of the proposed IHA can be
found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2018–2019 IHA), the proposed
authorization, and any other aspect of
this notice of proposed IHA for the
proposed seabird research and
monitoring activities. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on the request
for MMPA authorization.
Dated: August 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–18970 Filed 8–27–20; 8:45 am]
53331
The meeting will be held
via webinar; the webinar link is: https://
mafmc.adobeconnect.com/spinydogmc2020/.
Council address: Mid-Atlantic Fishery
Management Council, 800 N. State St.,
Suite 201, Dover, DE 19901; telephone:
(302) 674–2331.
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D. Executive
Director, Mid-Atlantic Fishery
Management Council; telephone: (302)
526–5255. The Council’s website,
www.mafmc.org also has details on the
proposed agenda, webinar access, and
any briefing materials.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to M.
Jan Saunders, (302) 526–5251, at least 5
days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–18965 Filed 8–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
BILLING CODE 3510–22–P
[RTID 0648–XA403]
DEPARTMENT OF COMMERCE
South Atlantic Fishery Management
Council; Public Meetings
National Oceanic and Atmospheric
Administration
[RTID 0648–XA405]
Mid-Atlantic Fishery Management
Council (MAFMC); Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Mid-Atlantic Fishery
Management Council’s Spiny Dogfish
Monitoring Committee will hold a
public meeting to review annual
specifications and management
measures, and make any appropriate
recommendations.
SUMMARY:
The meeting will be held
Monday, September 14, 2020, from 1
p.m. to 4 p.m.
DATES:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold meetings of the following: Snapper
Grouper Committee; Southeast Data,
Assessment and Review (SEDAR)
Committee; Dolphin Wahoo Committee;
and Executive Committee (partially
Closed Session). The meeting week will
also include a formal public comment
session and a meeting of the Full
Council (with a partially Closed
Session). Due to public health concerns
associated with COVID–19 and current
travel restrictions, the meeting
originally planned for Charleston, SC
will be held via webinar.
DATES: The Council meeting will be
held from 9 a.m. on Monday, September
SUMMARY:
E:\FR\FM\28AUN1.SGM
28AUN1
]]>Agencies
[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53327-53331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18970]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA247]
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; proposed issuance of an Incidental Harassment
Authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Point Blue Conservation
Science (Point Blue), for authorization to take marine mammals
incidental to conducting seabird research activities in central
California. Point Blue's activities are identical to activities
previously analyzed and for which take was authorized by NMFS. Pursuant
to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments
on its proposal to issue an incidental harassment authorization (IHA)
to incidentally take marine mammals during the specified activities.
NMFS will consider public comments prior to making any final decision
on the issuance of the requested MMPA authorizations and agency
responses will be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than
September 28, 2020.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Physical comments should be sent to
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments
should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS FR notices of the
original proposed and final authorizations, and the previous IHA), as
well as a list of the references cited in this document, may be
obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of
problems accessing these documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in CE B4 of the Companion Manual for NOAA Administrative Order 216-6A,
which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA request.
[[Page 53328]]
History of Request
On January 4, 2018, NMFS received a request from Point Blue for an
IHA to take marine mammals incidental to seabird and marine mammal
research monitoring taking place at three locations in central
California. Point Blue's request is for take of California sea lions
(Zalophus californianus), Pacific harbor seals (Phoca vitulina),
northern elephant seals (Mirounga angustirostris), and Steller sea
lions (Eumetopias jubatus) by Level B harassment only. NMFS published a
notice of a proposed IHA and request for comments in the Federal
Register on May 7, 2018 (83 FR 20045). We subsequently published the
final notice of our issuance of the IHA on July 5, 2018 (83 FR 31372),
making the IHA valid for July 7, 2018 through July 6, 2019.
On September 17, 2019, NMFS received an application from Point Blue
requesting a letter of authorization (LOA) for take of marine mammals
incidental to seabird research activities in central California over
the course of five years. We determined the application was adequate
and complete on November 26, 2019 and published a notice of receipt of
application in the Federal Register on December 4, 2019 (84 FR 66379).
On June 17, 2020, NMFS received a request from Point Blue for an IHA to
take marine mammals incidental to seabird research and monitoring in
central California. Point Blue's application was determined to be
adequate and complete on August 6, 2020. This IHA would be effective
for a period of one year from the date of issuance, with the LOA
expected to be effective from January 1, 2021 to December 31, 2025.
Point Blue's proposed activities are identical to those analyzed in
the 2018 IHA, as are the proposed mitigation, monitoring, and reporting
requirements described in detail in the Federal Register notice of
issuance of the 2018 IHA (83 FR 31372; July 5, 2018). The proposed take
numbers for Steller sea lions have increased slightly, while the
proposed take numbers for California sea lions, harbor seals, and
northern elephant seals are identical to those analyzed in the 2018
IHA. Please see the Estimated Take section of this notice for more
information.
Description of the Proposed Activity 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. Presence of researchers has the
potential to disturb pinnipeds hauled out at SEFI, ANO, and PRNS. The
seabird research and monitoring activities planned by Point Blue are
identical to those analyzed in the 2018-2019 IHA.
NMFS refers the reader to the documents related to the previously
issued 2018-2019 IHA for more detailed description of the project
activities. These previous documents include the Federal Register
notice of the issuance of the 2018-2019 IHA for Point Blue's seabird
research activities (83 FR 31372, July 5, 2018), the Federal Register
notice of the proposed IHA (83 FR 20045; May 7, 2018), Point Blue's
application, and all associated references and documents, which are
available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. A detailed description of the seabird research and
monitoring activities is found in these documents.
Detailed Description of the Action
A detailed description of the proposed seabird research and
monitoring activities is found in these previous documents. The
location, timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices.
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 Federal Register
notice of the proposed IHA for the 2018-2019 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
``Description of Marine Mammals in the Area of Specified Activities''
section 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 activities
on marine mammals and their habitat may be found in the documents
supporting the previous IHA, which remains applicable to the issuance
of the proposed 2020 IHA. There is no new information on potential
effects that affects our initial analysis of potential impacts on
marine mammals and their habitat.
Estimated Take
Point Blue has been conducting seabird research activities at SEFI,
ANI, and PRNS for over 30 years. Under previous IHAs, Point Blue has
documented the numbers of marine mammals taken by Level B harassment at
each of the research stations. Take estimates are based on take
reported by Point Blue in the last five years (Table 1). 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 3). For all species except California sea lions, Point Blue's
requested annual take was calculated as the maximum annual recorded
take for each species over the last five years (2015-2019) or the
authorized take from the most recent IHA, whichever was greater. For
California sea lions, the proposed take is identical to the authorized
take in the most recent authorization, which is less than the highest
year. The recorded take of California sea lions has been decreasing
over the past five years, which is why the take numbers from the
highest year were not used. However, the proposed take authorization
(32,623 takes by Level B harassment) is proposed in order to
sufficiently account for any unexpected increases in occurrences of
California sea lions such as that which occurred between 2014 and 2015,
when the recorded takes went up from around 10,000 to 36,000.
A detailed description of the methods and inputs used to estimate
take for most recent IHA is found in the Federal Register notices of
the proposed and final IHAs for the 2018-2019 authorization (83 FR
20045, May 7, 2018; 83 FR 31372, July 5, 2018) but in summary, the take
estimates are based on historical data from the previous five
monitoring reports (2014, 2015, 2016,
[[Page 53329]]
2017, and 2018) to generate 95 percent confidence interval maximums
(assuming normal distribution) using STATA, a general-purpose
statistical computer package.
Table 1--Reported Take Observations From Previous IHAs
--------------------------------------------------------------------------------------------------------------------------------------------------------
Reported take observations for all activities Total
------------------------------------------------------------------------------ Authorized requested
Species takes from annual takes
2014 2015 2016 2017 2018 2019 most recent by Level B
IHA harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion....................... 10,048 36,417 23,173 22,752 17,487 10,408 32,623 32,623
Northern elephant seal.................... 145 175 119 202 85 79 239 239
Pacific harbor seal....................... 284 292 175 234 229 82 304 304
Steller sea lion.......................... 59 31 32 35 5 61 43 61
--------------------------------------------------------------------------------------------------------------------------------------------------------
In this authorization, 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. The only change from the most recent authorization is the
proposed take numbers for Steller sea lions, which increased based on
consideration of reported take numbers from past authorizations.
Table 2--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 61 0.14
----------------------------------------------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures proposed here
are identical to those included in the notice announcing the issuance
of the 2018-2019 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 proposed for inclusion in this
IHA:
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;
[[Page 53330]]
(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 3. Note
that only observations of disturbance noted in Levels 2 and 3 should be
recorded as takes.
Table 3--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.
This information must be incorporated into a monitoring report for
NMFS. The monitoring report will cover the period from January 1, 2020
through December 31, 2020. 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 2020 activities to NMFS Office of Protected Resources by
April 1, 2021. 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, 2021 through the date of expiration of this
authorization. This report will be due 90 days after the expiration of
this authorization. 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.
Preliminary Determinations
The seabird research and monitoring activities proposed by Point
Blue, the method of taking, and the effects of the action are identical
to those analyzed in the 2018-2019 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
[[Page 53331]]
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 California sea lions, harbor
seals, and northern elephant seals proposed to be taken are identical
to those authorized in the 2018-2019 IHA, while the numbers of Steller
sea lions proposed to be taken have increased slightly. However, the
increased numbers of Steller sea lions result in only minor increased
percentage of stock proposed to be taken (e.g., from 0.10 to 0.14
percent of the Eastern U.S. stock of Steller sea lions) and NMFS has
preliminarily determined that the proposed take is still considered
small relative to the relevant stock abundances. The mitigation
measures and monitoring and reporting requirements as described above
are identical to the initial IHA.
NMFS has preliminarily 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 and the increased estimated take of Steller sea lions. Based
on the information contained here and in the referenced documents, NMFS
has preliminarily determined the following: (1) The required mitigation
measures will effect the least practicable impact on marine mammal
species or stocks and their habitat; (2) the proposed authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the proposed authorized takes represent small numbers of
marine mammals relative to the affected stock abundances; and (4) 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.
Endangered Species Act (ESA)
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. 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.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to Point Blue for conducting seabird research and
monitoring activities in central California for a period of one year
from the date of issuance, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated. A
draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses (included in both this document
and the referenced documents supporting the 2018-2019 IHA), the
proposed authorization, and any other aspect of this notice of proposed
IHA for the proposed seabird research and monitoring activities. Please
include with your comments any supporting data or literature citations
to help inform our final decision on the request for MMPA
authorization.
Dated: August 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-18970 Filed 8-27-20; 8:45 am]
BILLING CODE 3510-22-P
