Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Punta Gorda Lighthouse Stabilization Project in Humboldt County, California, 31693-31701 [2023-10640]
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Federal Register / Vol. 88, No. 96 / Thursday, May 18, 2023 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC890]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Punta
Gorda Lighthouse Stabilization Project
in Humboldt County, California
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to the
Bureau of Land Management (BLM) for
authorization to incidentally harass
marine mammals during construction
activities associated with Phase 2 of the
Punta Gorda Lighthouse (PGL)
Stabilization Project in Humboldt
County, California.
DATES: This authorization is effective
from June 1, 2023, through October 1,
2023.
FOR FURTHER INFORMATION CONTACT: Kate
Fleming, Office of Protected Resources,
NMFS, (301) 427–8401.
Electronic copies of the application
and supporting documents, as well as a
list of the references cited in this
document, may be obtained online at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizationsconstruction-activities. In case of
problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Section 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.)
directs 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
proposed or, if the taking is limited to
harassment, a notice of a proposed IHA
is provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
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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 in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring,
and reporting of the takings are set forth.
The definitions of all applicable MMPA
statutory terms cited above are included
in the relevant sections below.
Summary of Request
On October 26, 2022, NMFS received
a request from BLM for an IHA to take
marine mammals incidental to Phase 2
of the PGL Stabilization Project in
Humboldt County, California. Following
NMFS’ review of the application, BLM
submitted a revised version on January
27, 2023, and again on February 8, 2023.
The application was deemed adequate
and complete on February 9, 2023.
BLM’s request is for take of northern
elephant seal (Mirounga angustirostris),
Pacific harbor seal (Phoca vitulina
richardii), California sea lion (Zalophus
californianus), and Steller sea lion
(Eumetopias jubatus) by Level B
harassment only. Neither BLM nor
NMFS expect serious injury or mortality
to these marine mammals to result from
this activity and, therefore, an IHA is
appropriate.
NMFS previously issued an IHA to
BLM for related work (87 FR 34659,
June 7, 2022). BLM complied with all
the requirements (e.g., mitigation,
monitoring, and reporting) of the
previous IHA and information regarding
their monitoring results may be found in
the Effects of the Specified Activity on
Marine Mammals and Their Habitat
section in the Federal Register notice
for the proposed IHA (88 FR 17525,
March 23, 2023) and Estimated Take
sections.
This IHA covers the final year of work
of a larger project for which BLM
obtained a prior IHA. The larger 2-year
project involves construction activities
to restore all remaining buildings of the
PGL Site. There are no changes from the
proposed IHA to the final IHA.
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31693
Description of the Planned Activity
Overview
The PGL was established as an aid to
navigation in 1912 along the northern
California coast. While in use, the
lighthouse station included the
lighthouse, oil house, three residences,
and numerous other small buildings
typical of small military outposts. The
U.S. Coast Guard decommissioned the
lighthouse in 1951. BLM assumed
management of the site following the
PGL’s decommission. The concrete
lighthouse and oil house were all that
remained when the site was listed in the
National Registry of Historic Places in
1976.
BLM repaired and stabilized the
lighthouse building itself during the
summer of 2022. Construction activities
are planned to repair and stabilize the
remaining structure at the site, which is
an oil house. Human presence, noise
from construction work, and noise from
and/or presence of supply transport
vehicles may result in behavioral
disturbance primarily of harbor seals
and northern elephant seals, and
potentially California sea lions and
Steller sea lions. The project will take
no more than 122 construction days
between June and September 2023.
A detailed description of the planned
lighthouse stabilization project is
provided in the Federal Register notice
for the proposed IHA (88 FR 17525,
March 23, 2023). Since that time, no
changes have been made to the planned
construction activities. Therefore, a
detailed description is not provided
here. Please refer to that Federal
Register notice for the description of the
specific activity.
Mitigation, monitoring, and reporting
measures are described in detail later in
this document (please see Mitigation
and Monitoring and Reporting sections).
Comments and Responses
A notice of NMFS’s proposal to issue
an IHA to BLM was published in the
Federal Register on March 23, 2023 (88
FR 17525). That notice described, in
detail, BLM’s activity, the marine
mammal species that may be affected by
the activity, and the anticipated effects
on marine mammals. During the 30-day
public comment period, the United
States Geological Survey noted that they
have ‘‘no comment at this time’’. NMFS
received no other public comments.
Description of Marine Mammals in the
Area of Specified Activities
Sections 3 and 4 of the application
summarize available information
regarding status and trends, distribution
and habitat preferences, and behavior
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and life history of the potentially
affected species. NMFS fully considered
all of this information, and we refer the
reader to these descriptions,
incorporated here by reference, instead
of reprinting the information.
Additional information regarding
population trends and threats may be
found in NMFS’ Stock Assessment
Reports (SARs; www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessments)
and more general information about
these species (e.g., physical and
behavioral descriptions) may be found
on NMFS’ website (https://
www.fisheries.noaa.gov/find-species).
Table 1 lists all species or stocks for
which take is expected and authorized
for this activity, and summarizes
information related to the population or
stock, including regulatory status under
the MMPA and Endangered Species Act
(ESA), and potential biological removal
(PBR), where known. PBR is defined by
the MMPA as the maximum number of
animals, not including natural
mortalities, that may be removed from a
marine mammal stock while allowing
that stock to reach or maintain its
optimum sustainable population (as
described in NMFS’ SARs). While no
serious injury or mortality is authorized
here, PBR and annual serious injury and
mortality from anthropogenic sources
are included here as gross indicators of
the status of the species or stocks and
other threats.
Marine mammal abundance estimates
presented in this document represent
the total number of individuals that
make up a given stock or the total
number estimated within a particular
study or survey area. NMFS’ stock
abundance estimates for most species
represent the total estimate of
individuals within the geographic area,
if known, that comprises that stock. For
some species, this geographic area may
extend beyond U.S. waters. All managed
stocks in this region are assessed in
NMFS’ U.S. Pacific and Alaska SARs.
All values presented in Table 1 are the
most recent available at the time of
publication (including from the draft
2022 SARs) and are available online at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessments.
TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES
Common name
Scientific name
ESA/
MMPA
status;
strategic
(Y/N) 1
Stock
Stock abundance (CV, Nmin,
most recent abundance
survey) 2
PBR
Annual
M/SI 3
Order Carnivora—Superfamily Pinnipedia
Family Otariidae (eared seals
and sea lions):
Steller sea lion .................
California sea lion ............
Family Phocidae (earless
seals):
Northern elephant seal .....
Pacific Harbor seal ...........
Eumatopias jubata .................
Zalophus californica ...............
Eastern U.S. ...........................
U.S. ........................................
-, -, N
-, -, N
43,201 (N/A, 43,201, 2017) ...
257,606 (N/A, 233,515, 2014)
2,592
14,011
112
≥321
Mirounga angustirostris ..........
Phoca vitulina richardii ...........
California Breeding .................
California ................................
-, -, N
-, -, N
187,386 (N/A, 85,369, 2013)
30,968 (N/A 27,348, 2012) ....
5,122
1,641
13.7
43
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1 ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be
declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA
as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is
coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
As indicated above, all four species
(with four managed stocks) in Table 1
temporally and spatially co-occur with
the activity to the degree that take is
reasonably likely to occur.
A detailed description of the of the
species likely to be affected by the
lighthouse stabilization project,
including brief introductions to the
species and relevant stocks as well as
available information regarding
population trends and threats, and
information regarding local occurrence,
were provided in the Federal Register
notice for the proposed IHA (88 FR
17525, March 23, 2023); since that time,
we are not aware of any changes in the
status of these species and stocks;
therefore, detailed descriptions are not
provided here. Please refer to that
Federal Register notice for these
descriptions. Please also refer to NMFS’
website (https://
www.fisheries.noaa.gov/find-species) for
generalized species accounts.
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Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
Acoustic and visual stimuli generated
by personnel working at the PGL and
traversing the beach to access the work
site, noise from construction equipment
operating at PGL, and helicopters
hovering over the site to transport
equipment and supplies may have the
potential to cause behavioral
disturbance (Level B harassment) of
marine mammals in the vicinity of the
project area. The Federal Register notice
of the proposed IHA (88 FR 17525,
March 23, 2023) included a discussion
of the effects of anthropogenic activity
on marine mammals and their habitat.
That information and analysis is
incorporated by reference into the final
determination for the IHA and is not
repeated here; please refer to the notice
of proposed IHA (88 FR 17525, March
23, 2023).
The Estimated Take section later in
this document includes a quantitative
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analysis of the number of individuals
that are expected to be taken by this
activity. The Negligible Impact Analysis
and Determination section considers the
content of this section, the Estimated
Take section, and the Mitigation section,
to draw conclusions regarding the likely
impacts of these activities on the
reproductive success or survivorship of
individuals and whether those impacts
are reasonably expected to, or
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival.
Estimated Take
This section provides an estimate of
the number of incidental takes
authorized through the IHA, which will
inform both NMFS’ consideration of
‘‘small numbers,’’ and the negligible
impact determinations.
Harassment is the only type of take
expected to result from these activities.
Except with respect to certain activities
not pertinent here, section 3(18) of the
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MMPA defines ‘‘harassment’’ as any act
of pursuit, torment, or annoyance,
which (i) has the potential to injure a
marine mammal or marine mammal
stock in the wild (Level A harassment);
or (ii) has the potential to disturb a
marine mammal or marine mammal
stock in the wild by causing disruption
of behavioral patterns, including, but
not limited to, migration, breathing,
nursing, breeding, feeding, or sheltering
(Level B harassment).
Authorized takes will be by Level B
harassment only, in the form of
disruption of behavioral patterns for
individual marine mammals resulting
from exposure to construction personnel
and equipment, including helicopters
used to transport materials. Based on
the nature of the activity, Level A
harassment is neither anticipated nor
authorized. For BLM’s activities,
behavioral (Level B) harassment is
limited to movement and flushing,
defined by the disturbance scale of
pinniped responses (Table 2).
The presence of construction
personnel may have the potential to
cause Level B harassment of marine
mammals hauled-out at the PGL and
along the planned access route.
Disturbance includes a variety of effects,
from subtle to conspicuous changes in
behavior, movement, and displacement.
Disturbance may result in reactions
ranging from an animal simply
becoming alert to the presence of BLM’s
construction personnel (e.g., turning the
head, assuming a more upright posture)
to flushing from the haulout site into the
water. NMFS does not consider the
lesser reactions to constitute behavioral
harassment, or Level B harassment
takes, but rather assumes that pinnipeds
that move greater than two body lengths
or longer, or if already moving, a change
of direction of greater than 90 degrees in
response to the disturbance, or
pinnipeds that flush into the water, are
behaviorally harassed, and thus
considered incidentally taken by Level
B harassment. NMFS uses a 3-point
scale (Table 2) to determine which
disturbance reactions constitute take
under the MMPA. Levels 2 and 3
(movement and flush) are considered
take, whereas level 1 (alert) is not.
Animals that respond to the presence of
BLM personnel by becoming alert, but
do not move or change the nature of
locomotion as described, are not
considered to have been subject to
behavioral harassment.
TABLE 2—DISTURBANCE SCALE OF PINNIPED RESPONSES
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 ushaped position, changing from a lying to a sitting position, or brief movement of less than
twice the animal’s body length.
Movements in response to the source of disturbance, ranging from short withdrawals at least
twice the animal’s body length to longer retreats over the beach, or if already moving a
change of direction of greater than 90 degrees.
All retreats (flushes) to the water.
* Only Levels 2 and 3 are considered take under the MMPA. Level 1 is not considered take.
As described previously, no serious
injury or mortality is anticipated or
authorized for this activity. Below we
describe how the authorized take
numbers are calculated.
Marine Mammal Occurrence
In this section we provide information
about the occurrence of marine
mammals, including density or other
relevant information that will inform
the take calculations.
Researchers from Humboldt State
University (HSU) regularly conduct
census counts of pinnipeds at the PGL
and surrounding areas along the
northern California coast (e.g., Goley et
al., 2021, BLM 2022). Protected Species
Observers (PSOs) on site during the first
year of construction recorded daily
counts as well. Counts of northern
elephant seals, harbor seals, California
sea lion, and Steller sea lion at the PGL
during the effective dates of the issued
IHA (June 1 until October 1) are
presented below.
TABLE 3—PINNIPED CENSUS COUNTS AT PUNTA GORDA LIGHTHOUSE
Number of
elephant seals
observed
Date
Number of
California
sea lions
observed *
Number of
harbor seals
observed *
Number of
Steller
sea lions
observed *
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2019 Counts
June 8 ..............................................................................................................
June 15 ............................................................................................................
June 23 ............................................................................................................
July 7 ...............................................................................................................
July 14 .............................................................................................................
July 21 .............................................................................................................
August 3 ...........................................................................................................
August 21 .........................................................................................................
August 31 .........................................................................................................
September 15 ..................................................................................................
September 27 ..................................................................................................
101
74
34
40
50
54
39
44
62
162
244
51
107
81
116
180
123
105
80
22
22
28
-
-
177
83
-
-
-
2020 Counts
June 4 ..............................................................................................................
June 11 ............................................................................................................
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TABLE 3—PINNIPED CENSUS COUNTS AT PUNTA GORDA LIGHTHOUSE—Continued
Number of
elephant seals
observed
Date
June 14 ............................................................................................................
June 24 ............................................................................................................
June 27 ............................................................................................................
July 4 ...............................................................................................................
July 12 .............................................................................................................
July 16 .............................................................................................................
July 24 .............................................................................................................
July 30 .............................................................................................................
August 6 ...........................................................................................................
August 9 ...........................................................................................................
August 13 .........................................................................................................
August 20 .........................................................................................................
August 27 .........................................................................................................
August 30 .........................................................................................................
September 5 ....................................................................................................
September 19 ..................................................................................................
September 27 ..................................................................................................
Number of
harbor seals
observed *
Number of
California
sea lions
observed *
Number of
Steller
sea lions
observed *
80
37
38
36
39
38
36
38
32
28
28
27
33
48
60
133
177
55
77
90
123
73
36
38
51
53
-
-
199
59
48
34
30
42
106
135
109
128
104
103
68
-
-
-
39
53
34
50
38
61
54
56
52
48
51
34
33
56
28
37
38
34
37
30
29
30
25
27
32
31
29
33
30
29
33
31
28
32
28
29
26
27
28
42
50
117
110
150
126
132
169
137
156
142
121
141
106
139
156
190
134
136
114
108
122
99
109
109
115
93
58
91
73
82
76
77
105
72
71
55
48
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2
0
0
10
7
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
1
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
2021 Counts
June 10 ............................................................................................................
June 29 ............................................................................................................
July 10 .............................................................................................................
July 26 .............................................................................................................
August 7 ...........................................................................................................
August 22 .........................................................................................................
September 2 ....................................................................................................
September 16 ..................................................................................................
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2022 Counts
June 22 ............................................................................................................
June 23 ............................................................................................................
June 24 ............................................................................................................
June 25 ............................................................................................................
June 27 ............................................................................................................
June 28 ............................................................................................................
June 29 ............................................................................................................
June 30 ............................................................................................................
July 1 ...............................................................................................................
July 5 ...............................................................................................................
July 6 ...............................................................................................................
July 7 ...............................................................................................................
July 8 ...............................................................................................................
July 9 ...............................................................................................................
July 11 .............................................................................................................
July 12 .............................................................................................................
July 13 .............................................................................................................
July 14 .............................................................................................................
July 15 .............................................................................................................
July 16 .............................................................................................................
July 18 .............................................................................................................
July 19 .............................................................................................................
July 20 .............................................................................................................
July 21 .............................................................................................................
July 22 .............................................................................................................
July 23 .............................................................................................................
July 25 .............................................................................................................
July 26 .............................................................................................................
July 27 .............................................................................................................
July 28 .............................................................................................................
July 29 .............................................................................................................
August 1 ...........................................................................................................
August 2 ...........................................................................................................
August 4 ...........................................................................................................
August 5 ...........................................................................................................
August 6 ...........................................................................................................
August 8 ...........................................................................................................
August 9 ...........................................................................................................
August 10 .........................................................................................................
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TABLE 3—PINNIPED CENSUS COUNTS AT PUNTA GORDA LIGHTHOUSE—Continued
Number of
elephant seals
observed
Date
August 11 .........................................................................................................
August 12 .........................................................................................................
August 15 .........................................................................................................
August 16 .........................................................................................................
August 17 .........................................................................................................
August 18 .........................................................................................................
August 19 .........................................................................................................
August 20 .........................................................................................................
August 22 .........................................................................................................
August 23 .........................................................................................................
August 24 .........................................................................................................
August 25 .........................................................................................................
August 26 .........................................................................................................
August 27 .........................................................................................................
August 29 .........................................................................................................
August 30 .........................................................................................................
August 31 .........................................................................................................
September 1 ....................................................................................................
Daily Average ..................................................................................................
Number of
harbor seals
observed *
32
38
34
40
42
44
42
39
40
48
48
54
51
54
65
57
46
60
52.4
41
56
46
56
61
50
64
56
57
58
60
59
48
38
37
51
49
41
87.4
Number of
California
sea lions
observed *
0
0
0
3
0
0
0
0
7
6
0
0
0
0
0
1
0
0
0.6
Number of
Steller
sea lions
observed *
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0
0.02
* Dashes (-) refer to instance where researchers did not record occurrence information.
Between 2019 and 2022, census
counts of elephant seals and harbor
seals were collected at PGL during the
effective dates of the IHA (June 1–
October 1). Across all 4 years, the
average daily count was 52.4 elephant
seals (Goley et al., 2021, BLM 2022). A
large proportion of the elephant seals
present at PGL are uniquely tagged and
dye stamped to identify individuals and
the same individuals were identified at
the PGL haulout on multiple days.
Across all 4 years, the daily average of
harbor seals was 87.4. The harbor seals
present at the PGL are not tagged or
otherwise clearly identifiable, but since
harbor seals typically show hauling site
fidelity (Herder 1986, Yochem et al.,
1987, Dietz et al., 2012, Waring et al.,
2016), researchers from HSU
hypothesize that the harbor seal colony
at the PGL is made up of the same
individuals that move between Punta
Gorda and other nearby haulouts.
During the first year of construction
(June–October 2022), PSOs recorded the
number of California and Steller sea
lions present in the PGL area. The daily
average count of California sea lions was
0.6 and the daily average count of
Steller sea lions was 0.02.
Take Estimation
Here we describe how the information
provided above is synthesized to
produce a quantitative estimate of the
take that is reasonably likely to occur for
authorization.
To estimate the total number of
pinnipeds that may be present at the
PGL and subject to behavioral
disturbance from the PGL stabilization
project, BLM multiplied the daily count
of each species averaged across all years
of available census data (52.4 elephant
seals, 87.4 harbor seals, 0.6 California
sea lions, and 0.02 Steller sea lions) by
the maximum days of work at the PGL
(122 days), for an estimated total take
events of 6,393 for northern elephant
seals, 10,663 for harbor seals, 73 for
California sea lions, and 2 for Steller sea
lions) taken by Level B harassment. This
estimation assumes that all animals
present will exhibit behavioral
responses that are considered take
(Levels 2 and Level 3 as described in
Table 2). As described above, many of
the seals present at the PGL are
suspected or confirmed to be present
across multiple days. Therefore, the
above estimated take numbers are
considered to represent instances of
take, not necessarily the number of
individual seals that may be taken. In
the case of Steller sea lion, two takes
may not adequately account for all
instances of possible take that could
occur should multiple individuals enter
the project area over the course of
construction, or one individual enter the
project area on multiple occasions. As
such the take estimate for this species
has been increased to 30 as requested by
the applicant.
TABLE 4—AUTHORIZED TAKE BY LEVEL B HARASSMENT BY SPECIES AND PERCENTAGE OF EACH STOCK AFFECTED
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a Authorized
take by
Level B
harassment
Species
Stock
Northern elephant seal ...................................
Pacific harbor seal ..........................................
California sea lion ...........................................
Steller sea lion ................................................
California breeding .........................................
California ........................................................
U.S. ................................................................
Eastern U.S. ...................................................
6,393
10,663
73
30
Stock
abundance
187,386
30,968
257,606
77,149
Percent of
stock
3.4
34.4
0.03
0.04
a The authorized take represents the estimated number of instances of take, which does not equate to the number of individuals that may be
taken.
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Mitigation
In order to issue an IHA under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to the activity, and
other means of effecting the least
practicable impact on the species or
stock and its habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance, and on
the availability of the species or stock
for taking for certain subsistence uses
(latter not applicable for this action).
NMFS regulations require applicants for
incidental take authorizations to include
information about the availability and
feasibility (economic and technological)
of equipment, methods, and manner of
conducting the activity or other means
of effecting the least practicable adverse
impact upon the affected species or
stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or
may not be appropriate to ensure the
least practicable adverse impact on
species or stocks and their habitat, as
well as subsistence uses where
applicable, NMFS considers two
primary factors:
(1) The manner in which, and the
degree to which, the successful
implementation of the measure(s) is
expected to reduce impacts to marine
mammals, marine mammal species or
stocks, and their habitat. This considers
the nature of the potential adverse
impact being mitigated (likelihood,
scope, range). It further considers the
likelihood that the measure will be
effective if implemented (probability of
accomplishing the mitigating result if
implemented as planned), the
likelihood of effective implementation
(probability implemented as planned);
and
(2) The practicability of the measures
for applicant implementation, which
may consider such things as cost, and
impact on operations.
The following mitigation measures are
required:
The work season has been planned to
reduce the level of impact on elephant
and harbor seals. The effective dates of
the IHA (June 1, 2022 through October
1, 2022) occur when the elephant seal
presence is at its lowest and any harbor
seal pups that may be on site will be old
enough to be self-sufficient if the colony
temporarily flushes into the water. No
elephant seal pups are expected to be
present during the work season.
To the extent possible, BLM will limit
the daily number of vehicle trips
between the project area and the
contractor’s offshore camp where
additional tools and supplies will be
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stored in trailers or other storage
containers.
While accessing and departing the
project site, trained PSOs will monitor
ahead of the vehicle(s) path, using
binoculars if necessary, to detect any
marine mammals prior to approach to
determine if mitigation (e.g., change of
course, slow down) is required. Vehicles
will not approach within 20 m of
marine mammals. If animals remain in
the access path with no possible route
to go around and maintain 20 m
separation, a PSO may walk toward the
animals and intentionally flush them
into the water to allow the vehicle(s) to
proceed. To the extent possible, if
multiple vehicles are traveling to the
site, they should travel in a convoy such
that animals are not potentially harassed
more than once while the vehicles pass.
At least one PSO will arrive onsite 10
minutes ahead of contractors each day
to obtain counts in two separate
locations viewing both haulouts before
work commences.
A fence will be erected to keep
elephant seals from entering the
construction area to limit disturbance
and prevent accidental injury from
vehicles and construction debris.
All helicopters associated with the
project will slowly approach the work
site and allow all marine mammals
present to flush into the water before
setting any hauled materials down on
the ground.
BLM must cease or delay visits to the
project site if a species for which the
number of takes that have been
authorized for a species are met, or if a
species for which takes were not
authorized, is observed.
Based on our evaluation of the
applicant’s planned measures, NMFS
has determined that the mitigation
measures provide the means of effecting
the least practicable impact on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance.
Monitoring and Reporting
In order to issue an IHA for an
activity, section 101(a)(5)(D) of the
MMPA states that NMFS must set forth
requirements pertaining to the
monitoring and reporting of such taking.
The MMPA implementing regulations at
50 CFR 216.104(a)(13) indicate that
requests for authorizations must include
the suggested means of accomplishing
the necessary monitoring and reporting
that will result in increased knowledge
of the species and of the level of taking
or impacts on populations of marine
mammals that are expected to be
present while conducting the activities.
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Effective reporting is critical both to
compliance as well as ensuring that the
most value is obtained from the required
monitoring.
Monitoring and reporting
requirements prescribed by NMFS
should contribute to improved
understanding of one or more of the
following:
• Occurrence of marine mammal
species or stocks in the area in which
take is anticipated (e.g., presence,
abundance, distribution, density);
• Nature, scope, or context of likely
marine mammal exposure to potential
stressors/impacts (individual or
cumulative, acute or chronic), through
better understanding of: (1) action or
environment (e.g., source
characterization, propagation, ambient
noise); (2) affected species (e.g., life
history, dive patterns); (3) co-occurrence
of marine mammal species with the
activity; or (4) biological or behavioral
context of exposure (e.g., age, calving or
feeding areas);
• Individual marine mammal
responses (behavioral or physiological)
to acoustic stressors (acute, chronic, or
cumulative), other stressors, or
cumulative impacts from multiple
stressors;
• How anticipated responses to
stressors impact either: (1) long-term
fitness and survival of individual
marine mammals; or (2) populations,
species, or stocks;
• Effects on marine mammal habitat
(e.g., marine mammal prey species,
acoustic habitat, or other important
physical components of marine
mammal habitat); and,
• Mitigation and monitoring
effectiveness.
Visual Monitoring
At least one NMFS-approved PSO
will travel to and from the construction
site ahead of the work crew each day
and serve as a lead monitor to record
incidental take. PSOs will consist of
BLM wildlife biologists, biological
technicians, and interns, as well as King
Range National Conservation Area staff.
At least one PSO will monitor the beach
surrounding the PGL during all
construction activities.
PSOs should have the following
qualifications:
• Ability to conduct field
observations and collect data according
to assigned protocols;
• Experience or training in the field
identification of marine mammals,
including the identification of
behaviors;
• Sufficient training, orientation, or
experience with the construction
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operation to provide for personal safety
during observations;
• Writing skills sufficient to prepare a
report of observations including but not
limited to the number of species of
marine mammals observed; dates and
times when construction activities were
conducted; dates, times, and reason for
implementation of mitigation (or why
mitigation was not implemented when
required); and marine mammal
behavior; and
• Ability to communicate orally, by
radio or in person, with project
personnel to provide real-time
information on marine mammal
observed in the area when necessary.
PSOs must record the following
information for each day of work:
• Date, time, and access route of each
visit to the work site;
• Information on the weather,
including tidal state and estimated
horizontal visibility;
• Composition of marine mammals
observed, such as species, sex, and life
history stage (e.g., adult, sub-adult,
pup);
• Estimated numbers (by species) of
marine mammals observed during the
activities;
• Location of marine mammals
observed during construction activities.
• Marine mammal disturbances
according to a three-point scale of
intensity (see Table 2)
• Behavioral responses or
modifications of behaviors that may be
attributed to the specific activities, a
description of the specific activities
occurring during that time (e.g.,
pedestrian, vehicle, or helicopter
approach), and any mitigation action
taken; and
• Note the presence of any offshore
predators (date, time, number, and
species).
Reporting
The BLM will report all observations
of marked or tag-bearing pinnipeds or
carcasses and unusual behaviors,
distributions, or numbers of pinnipeds
to the NMFS West Coast Regional
Office.
A draft marine mammal monitoring
report will be submitted to NMFS
within 90 days after the completion of
each work season, or 60 days prior to
the requested issuance date of any
future IHAs for projects at the same
location, whichever comes first. 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 on the draft report, the draft
report will be considered the final
report. The marine mammal report will
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include an overall description of work
completed, a narrative regarding marine
mammal sightings and behavioral
response to construction activities, and
associated PSO data sheets.
In addition to submitting raw
sightings data, the report must include:
• Dates, and times (begin and end) of
all marine mammal monitoring;
• Construction activities occurring
during each daily observation period
such as supply transport via ground
and/or helicopter, fence installation,
trail maintenance, and demolition etc.;
• PSO locations during marine
mammal monitoring; and
• Environmental conditions during
monitoring periods (at beginning and
end of PSO shift and whenever
conditions change significantly), and
any relevant weather conditions
including fog, sun glare, and estimated
observable distance.
Prior to the commencement of
activities, on each subsequent hour
during construction, and before
finishing construction each day, PSOs
will record and report the following
marine mammal observations:
• Name of the PSO who completed
the observations and PSO location and
activity at the time of recording;
• Time of observation;
• The number (by species) of marine
mammals observed during the activities,
by age and sex, if possible, and
distances to construction activities. Data
may be reported according to groups in
cases where animals are concentrated
together;
• The behavioral response of marine
mammals (by species, age, and sex as
possible) to construction activities based
on the 3 point scale (Table 2), including
distances to construction activities and
descriptions of construction activities
occurring at the time of observance.
When pinnipeds are concentrated in
groups, closest distance of the group to
construction activities may be reported;
and
• A description of the
implementation and effectiveness of the
monitoring and mitigation measures of
the IHA and full documentation of
methods, results, and interpretation
pertaining to all monitoring.
Separately, the same information
should be recorded and reported each
time Level 2 or Level 3 harassment of
marine mammals is observed.
Reporting Injured or Dead Marine
Mammals
In the event that BLM or any other
personnel involved in the activities
discover an injured or dead marine
mammal, BLM will report the incident
to the NMFS Office of Protected
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31699
Resources (PR.ITP.MonitoringReports@
noaa.gov) and to the West Coast
Regional Stranding Coordinator as soon
as feasible. If the death or injury were
clearly caused by a specific activity,
BLM will immediately cease the
specified activities until NMFS is able
to review the circumstances of the
incident and determine what, if any,
additional measures are appropriate to
ensure compliance with the terms of the
IHA. BLM will not resume their
activities until notified by NMFS. The
report must include the following
information:
• Time, date, and location (latitude
and longitude) of the first discovery
(and updated location information if
known and applicable);
• Species identification (if known) or
description of the animal(s) involved;
• Condition of the animal(s)
(including carcass condition of the
animal is dead);
• Observed behaviors of the
animal(s), if alive;
• If available, photographs or video
footage of the animal(s); and
• General circumstances under which
the animal was discovered.
Negligible Impact Analysis and
Determination
NMFS has defined negligible impact
as an impact resulting from the
specified activity that cannot be
reasonably expected to, and is not
reasonably likely to, adversely affect the
species or stock through effects on
annual rates of recruitment or survival
(50 CFR 216.103). A negligible impact
finding is based on the lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., populationlevel effects). An estimate of the number
of takes alone is not enough information
on which to base an impact
determination. In addition to
considering estimates of the number of
marine mammals that might be ‘‘taken’’
through harassment, NMFS considers
other factors, such as the likely nature
of any impacts or responses (e.g.,
intensity, duration), the context of any
impacts or responses (e.g., critical
reproductive time or location, foraging
impacts affecting energetics), as well as
effects on habitat, and the likely
effectiveness of the mitigation. We also
assess the number, intensity, and
context of estimated takes by evaluating
this information relative to population
status. Consistent with the 1989
preamble for NMFS’ implementing
regulations (54 FR 40338, September 29,
1989), the impacts from other past and
ongoing anthropogenic activities are
incorporated into this analysis via their
impacts on the baseline (e.g., as
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reflected in the regulatory status of the
species, population size and growth rate
where known, ongoing sources of
human-caused mortality, or ambient
noise levels).
To avoid repetition, the discussion of
our analysis applies to all the species
listed in Table 4, given that the
anticipated effects of this activity on
these different marine mammal stocks
are expected to be similar. There is little
information about the nature or severity
of the impacts, or the size, status, or
structure of any of these species or
stocks that will lead to a different
analysis for this activity. Activities
associated with Phase 2 of the PGL
stabilization project, as described
previously, have the potential to disturb
or displace marine mammals.
Specifically, the specified activities may
result in take, in the form of Level B
harassment (behavioral disturbance)
from in-air sounds and visual
disturbance. Potential takes could occur
if individual marine mammals are
present nearby when activity is
happening.
No injuries or mortalities are
anticipated to occur as a result of the
PGL stabilization project and none are
authorized. The risk of marine mammal
injury, serious injury, or mortality
associated with the construction project
increases somewhat if disturbances
occur during pupping season. These
situations present increased potential
for mothers and dependent pups to
become separated and, if separated pairs
do not quickly reunite, the risk of
mortality to pups (e.g., through
starvation) may increase. Separately,
adult male elephant seals may trample
elephant seal pups if disturbed, which
could potentially result in the injury,
serious injury, or mortality of the pups.
However, the planned activities will
occur outside of the elephant seal
pupping season, therefore no elephant
seal pups are expected to be present.
Although the timing of the activities
will partially overlap with harbor seal
pupping season, the PGL is not a harbor
seal rookery and few pups are
anticipated to be encountered during
the planned construction. In fact, the
daily average of harbor seal pups
present at PGL during 2022 construction
(June 22–September 1) was just 1.7.
Harbor seals are very precocious with
only a short period of time in which
separation of a mother from a pup could
occur. The planned activities will occur
late enough in the pupping season that
any harbor seal pups present will likely
be old enough to keep up with their
mother in unlikely event of a stampede
or other flushing event. The mitigation
measures (i.e., minimum separation
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distance, slow approaches, and
minimizing vehicle trips to the PGL)
generally preclude the possibility of
behaviors, such as stampeding, that
could result in extended separation of
mothers and dependent pups or
trampling of pups.
Effects on individuals that are taken
by Level B harassment, on the basis of
reports in the literature as well as
monitoring from other similar activities
including phase 1 construction at this
site, will likely be limited to reactions
such as alerts or movements away from
the lighthouse structure, including
flushing into the water. Most likely,
individuals will simply move away
from the acoustic or visual stimulus and
be temporarily displaced from the areas.
In fact, during the first year of
construction at PGL elephant seals were
not observed flushing at any point
during construction and were only
observed moving on 11 occasions.
Harbor seals were observed flushing 255
times and moving 322 times, which
represents a small fraction (6 percent) of
the Level B harassment authorized for
the project (BLM 2022).
Monitoring reports from similar
activities (e.g., Point Blue Conservation
Science, 2020; University of California
Santa Cruz Partnership for
Interdisciplinary Studies of Coastal
Oceans, 2021) have reported no
apparently consequential behavioral
reactions or long-term effects on marine
mammal populations as noted above.
Repeated exposures of individuals to
relatively low levels of sound and visual
disturbance outside of preferred habitat
areas are unlikely to significantly
disrupt critical behaviors or result in
permanent abandonment of the haulout
site. Thus, even repeated Level B
harassment of some small subset of the
overall stock is unlikely to result in any
significant realized decrease in viability
for the affected individuals, and thus
will not result in any adverse impact to
the stock as a whole. Level B
harassment will be reduced to the level
of least practicable adverse impact
through use of mitigation measures
described herein and, if sound and
visual disturbance produced by project
activities is sufficiently disturbing,
animals are likely to simply avoid the
area while the activity is occurring.
Of the marine mammal species
anticipated to occur in the planned
activity areas, none are listed under the
ESA and there are no known areas of
biological importance in the project
area. Taking into account the planned
mitigation measures, effects to marine
mammals are generally expected to be
restricted to short-term changes in
behavior or temporary displacement
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from haulout sites. The Lost Coast area
has abundant haulout areas for
pinnipeds to temporarily relocate, and
marine mammals are expected to return
to the area shortly after activities cease.
No adverse effects to prey species are
anticipated as no work will occur inwater, and habitat impacts are limited
and highly localized, consisting of
construction work at the existing
lighthouse station and the transit of
vehicles and equipment along the access
route. Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
planned mitigation and monitoring
measures, NMFS finds that the total
marine mammal take from BLM’s PGL
stabilization project will not adversely
affect annual rates of recruitment or
survival and, therefore, will have a
negligible impact on the affected species
or stocks.
In summary and as described above,
the following factors primarily support
our determination that the impacts
resulting from this activity are not
expected to adversely affect any of the
species or stocks through effects on
annual rates of recruitment or survival:
• No serious injury or mortality, or
Level A harassment is anticipated or
authorized;
• Few pups are expected to be
disturbed, and will not be abandoned or
otherwise harmed by other seals
flushing from the area;
• Effects of the activities will be
limited to short-term, localized
behavioral changes;
• Nominal impacts to pinniped
habitat are anticipated
• No biologically important areas
have bene identified in the project area;
• There is abundant suitable habitat
nearby for marine mammals to
temporarily relocate; and
• Mitigation measures are anticipated
to be effective in minimizing the
number and severity of takes by Level
B harassment, which are expected to be
of short duration.
Based on the analysis contained
herein of the likely effects of the
specified activity on marine mammals
and their habitat, and taking into
consideration the implementation of the
planned monitoring and mitigation
measures, NMFS finds that the total
marine mammal take from the planned
activity will have a negligible impact on
all affected marine mammal species or
stocks.
Small Numbers
As noted previously, only take of
small numbers of marine mammals may
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be authorized under section 101(a)(5)(A)
and (D) of the MMPA for specified
activities other than military readiness
activities. The MMPA does not define
small numbers and so, in practice,
where estimated numbers are available,
NMFS compares the number of
individuals taken to the most
appropriate estimation of abundance of
the relevant species or stock in our
determination of whether an
authorization is limited to small
numbers of marine mammals. When the
predicted number of individuals to be
taken is fewer than one-third of the
species or stock abundance, the take is
considered to be of small numbers.
Additionally, other qualitative factors
may be considered in the analysis, such
as the temporal or spatial scale of the
activities.
With the exception of Pacific harbor
seals, the amount of take NMFS
proposes to authorize is well below onethird of any stock’s best population
estimate (see Table 4), which NMFS
considers to be small relative to stock
abundance. In fact, the annual take by
Level B harassment is less than 1
percent of stock abundance for both
otariid species that may be encountered
in the project area (i.e., California sea
lion and Steller sea lion), and less than
4 percent of the northern elephant seal
stock’s best population estimate. While
the estimated take of Pacific harbor seal
equates to over 33 percent of the Pacific
harbor seal stock, these takes represent
instances of take, not necessarily the
number of individual seals that may be
taken. As such, in all cases, including
Pacific harbor seal, these take estimates
are considered conservative because
NMFS assumes all takes are of different
individual animals which is likely not
the case. Researchers from HSU have
used tags and dye stamps to identify
individual elephant seals and have
verified the same individuals are
hauling out at PGL. While harbor seals
are not marked or otherwise clearly
identifiable, HSU researchers
hypothesize that the harbor seal colony
at PGL is made up of the same
individuals that move between Punta
Gorda and other nearby haulouts. This
is based on the fact that this species
typically shows hauling site fidelity
(Herder 1986, Yochem et al., 1987, Dietz
et al., 2012, Waring et al., 2016).
Therefore, many individuals that may
be taken by Level B harassment are
likely to be the same across consecutive
days, despite PSOs counting them as
separate takes throughout the duration
of the project.
Based on the analysis contained
herein of the authorized activity
(including mitigation and monitoring
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measures) and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the population size
of the affected species or stocks.
Unmitigable Adverse Impact Analysis
and Determination
There are no relevant subsistence uses
of the affected marine mammal stocks or
species implicated by this action.
Therefore, NMFS has determined that
the total taking of affected species or
stocks will not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
31701
Authorization
NMFS has issued an IHA to BLM for
the potential harassment of small
numbers of four marine mammal
species incidental to the Phase 2 of the
PGL Stabilization Project repair in
Humboldt County, California from June
1 through September 30, 2023, that
includes the previously explained
mitigation, monitoring, and reporting
requirements.
Dated: May 10, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–10640 Filed 5–17–23; 8:45 am]
BILLING CODE 3510–22–P
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (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 whenever we propose to
authorize take for endangered or
threatened species, in this case with the
West Coast Regional Office.
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.
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
will preclude this categorical exclusion.
Accordingly, NMFS has determined that
the issuance of the IHA qualifies to be
categorically excluded from further
NEPA review.
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC814]
Fisheries of the Exclusive Economic
Zone Off Alaska; Prohibited Species
Donation Program
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; selection of an
authorized distributor.
AGENCY:
NMFS announces the renewal
of two prohibited species donation
(PSD) permits to SeaShare, a non-profit
and tax exempt organization,
authorizing this organization to
distribute Pacific salmon and Pacific
halibut to hunger relief agencies, food
bank networks, or food bank distributors
under the PSD program. Salmon and
halibut are caught incidentally during
directed fishing for groundfish with
trawl gear off Alaska. This action is
necessary to comply with provisions of
the PSD program and is intended to
promote the goals and objectives of the
North Pacific Fishery Management
Council.
SUMMARY:
The permits are effective from
May 18, 2023 through May 25, 2026.
ADDRESSES: Electronic copies of the PSD
permits for salmon and halibut prepared
for this action may be obtained from the
Alaska Region website at https://
www.fisheries.noaa.gov/region/alaska.
FOR FURTHER INFORMATION CONTACT:
Megan Mackey, 907–586–7228.
SUPPLEMENTARY INFORMATION:
DATES:
Background
Fishing for groundfish by United
States vessels in the exclusive economic
E:\FR\FM\18MYN1.SGM
18MYN1
]]>Agencies
[Federal Register Volume 88, Number 96 (Thursday, May 18, 2023)]
[Notices]
[Pages 31693-31701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-10640]
[[Page 31693]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC890]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Punta Gorda Lighthouse
Stabilization Project in Humboldt County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
the Bureau of Land Management (BLM) for authorization to incidentally
harass marine mammals during construction activities associated with
Phase 2 of the Punta Gorda Lighthouse (PGL) Stabilization Project in
Humboldt County, California.
DATES: This authorization is effective from June 1, 2023, through
October 1, 2023.
FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected
Resources, NMFS, (301) 427-8401.
Electronic copies of the application and supporting documents, as
well as a list of the references cited in this document, may be
obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities. 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. Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et
seq.) directs 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 proposed or, if the taking is limited to harassment, a notice of a
proposed IHA 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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring, and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
Summary of Request
On October 26, 2022, NMFS received a request from BLM for an IHA to
take marine mammals incidental to Phase 2 of the PGL Stabilization
Project in Humboldt County, California. Following NMFS' review of the
application, BLM submitted a revised version on January 27, 2023, and
again on February 8, 2023. The application was deemed adequate and
complete on February 9, 2023. BLM's request is for take of northern
elephant seal (Mirounga angustirostris), Pacific harbor seal (Phoca
vitulina richardii), California sea lion (Zalophus californianus), and
Steller sea lion (Eumetopias jubatus) by Level B harassment only.
Neither BLM nor NMFS expect serious injury or mortality to these marine
mammals to result from this activity and, therefore, an IHA is
appropriate.
NMFS previously issued an IHA to BLM for related work (87 FR 34659,
June 7, 2022). BLM complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHA and
information regarding their monitoring results may be found in the
Effects of the Specified Activity on Marine Mammals and Their Habitat
section in the Federal Register notice for the proposed IHA (88 FR
17525, March 23, 2023) and Estimated Take sections.
This IHA covers the final year of work of a larger project for
which BLM obtained a prior IHA. The larger 2-year project involves
construction activities to restore all remaining buildings of the PGL
Site. There are no changes from the proposed IHA to the final IHA.
Description of the Planned Activity
Overview
The PGL was established as an aid to navigation in 1912 along the
northern California coast. While in use, the lighthouse station
included the lighthouse, oil house, three residences, and numerous
other small buildings typical of small military outposts. The U.S.
Coast Guard decommissioned the lighthouse in 1951. BLM assumed
management of the site following the PGL's decommission. The concrete
lighthouse and oil house were all that remained when the site was
listed in the National Registry of Historic Places in 1976.
BLM repaired and stabilized the lighthouse building itself during
the summer of 2022. Construction activities are planned to repair and
stabilize the remaining structure at the site, which is an oil house.
Human presence, noise from construction work, and noise from and/or
presence of supply transport vehicles may result in behavioral
disturbance primarily of harbor seals and northern elephant seals, and
potentially California sea lions and Steller sea lions. The project
will take no more than 122 construction days between June and September
2023.
A detailed description of the planned lighthouse stabilization
project is provided in the Federal Register notice for the proposed IHA
(88 FR 17525, March 23, 2023). Since that time, no changes have been
made to the planned construction activities. Therefore, a detailed
description is not provided here. Please refer to that Federal Register
notice for the description of the specific activity.
Mitigation, monitoring, and reporting measures are described in
detail later in this document (please see Mitigation and Monitoring and
Reporting sections).
Comments and Responses
A notice of NMFS's proposal to issue an IHA to BLM was published in
the Federal Register on March 23, 2023 (88 FR 17525). That notice
described, in detail, BLM's activity, the marine mammal species that
may be affected by the activity, and the anticipated effects on marine
mammals. During the 30-day public comment period, the United States
Geological Survey noted that they have ``no comment at this time''.
NMFS received no other public comments.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior
[[Page 31694]]
and life history of the potentially affected species. NMFS fully
considered all of this information, and we refer the reader to these
descriptions, incorporated here by reference, instead of reprinting the
information. Additional information regarding population trends and
threats may be found in NMFS' Stock Assessment Reports (SARs;
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS'
website (https://www.fisheries.noaa.gov/find-species).
Table 1 lists all species or stocks for which take is expected and
authorized for this activity, and summarizes information related to the
population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA), and potential biological removal (PBR),
where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is authorized here, PBR and annual serious
injury and mortality from anthropogenic sources are included here as
gross indicators of the status of the species or stocks and other
threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' U.S. Pacific and Alaska SARs. All values presented in Table 1 are
the most recent available at the time of publication (including from
the draft 2022 SARs) and are available online at:
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.
Table 1--Species Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/ MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
Steller sea lion................ Eumatopias jubata...... Eastern U.S............ -, -, N 43,201 (N/A, 43,201, 2,592 112
2017).
California sea lion............. Zalophus californica... U.S.................... -, -, N 257,606 (N/A, 233,515, 14,011 >=321
2014).
Family Phocidae (earless seals):
Northern elephant seal.......... Mirounga angustirostris California Breeding.... -, -, N 187,386 (N/A, 85,369, 5,122 13.7
2013).
Pacific Harbor seal............. Phoca vitulina California............. -, -, N 30,968 (N/A 27,348, 1,641 43
richardii. 2012).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV
is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
As indicated above, all four species (with four managed stocks) in
Table 1 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur.
A detailed description of the of the species likely to be affected
by the lighthouse stabilization project, including brief introductions
to the species and relevant stocks as well as available information
regarding population trends and threats, and information regarding
local occurrence, were provided in the Federal Register notice for the
proposed IHA (88 FR 17525, March 23, 2023); since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to NMFS' website (https://www.fisheries.noaa.gov/find-species) for
generalized species accounts.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
Acoustic and visual stimuli generated by personnel working at the
PGL and traversing the beach to access the work site, noise from
construction equipment operating at PGL, and helicopters hovering over
the site to transport equipment and supplies may have the potential to
cause behavioral disturbance (Level B harassment) of marine mammals in
the vicinity of the project area. The Federal Register notice of the
proposed IHA (88 FR 17525, March 23, 2023) included a discussion of the
effects of anthropogenic activity on marine mammals and their habitat.
That information and analysis is incorporated by reference into the
final determination for the IHA and is not repeated here; please refer
to the notice of proposed IHA (88 FR 17525, March 23, 2023).
The Estimated Take section later in this document includes a
quantitative analysis of the number of individuals that are expected to
be taken by this activity. The Negligible Impact Analysis and
Determination section considers the content of this section, the
Estimated Take section, and the Mitigation section, to draw conclusions
regarding the likely impacts of these activities on the reproductive
success or survivorship of individuals and whether those impacts are
reasonably expected to, or reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through the IHA, which will inform both NMFS' consideration
of ``small numbers,'' and the negligible impact determinations.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the
[[Page 31695]]
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Authorized takes will be by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to construction personnel and equipment,
including helicopters used to transport materials. Based on the nature
of the activity, Level A harassment is neither anticipated nor
authorized. For BLM's activities, behavioral (Level B) harassment is
limited to movement and flushing, defined by the disturbance scale of
pinniped responses (Table 2).
The presence of construction personnel may have the potential to
cause Level B harassment of marine mammals hauled-out at the PGL and
along the planned access route. Disturbance includes a variety of
effects, from subtle to conspicuous changes in behavior, movement, and
displacement. Disturbance may result in reactions ranging from an
animal simply becoming alert to the presence of BLM's construction
personnel (e.g., turning the head, assuming a more upright posture) to
flushing from the haulout site into the water. NMFS does not consider
the lesser reactions to constitute behavioral harassment, or Level B
harassment takes, but rather assumes that pinnipeds that move greater
than two body lengths or longer, or if already moving, a change of
direction of greater than 90 degrees in response to the disturbance, or
pinnipeds that flush into the water, are behaviorally harassed, and
thus considered incidentally taken by Level B harassment. NMFS uses a
3-point scale (Table 2) to determine which disturbance reactions
constitute take under the MMPA. Levels 2 and 3 (movement and flush) are
considered take, whereas level 1 (alert) is not. Animals that respond
to the presence of BLM personnel by becoming alert, but do not move or
change the nature of locomotion as described, are not considered to
have been subject to behavioral harassment.
Table 2--Disturbance Scale of Pinniped Responses
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
1................ Alert............. Seal head orientation or brief
movement in response to
disturbance, which may include
turning head towards the
disturbance, craning head and
neck while holding the body
rigid in a u-shaped position,
changing from a lying to a
sitting position, or brief
movement of less than twice the
animal's body length.
2 *.............. Movement.......... Movements in response to the
source of disturbance, ranging
from short withdrawals at least
twice the animal's body length
to longer retreats over the
beach, or if already moving a
change of direction of greater
than 90 degrees.
3 *.............. Flush............. All retreats (flushes) to the
water.
------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take under the MMPA. Level 1 is not
considered take.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
authorized take numbers are calculated.
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information that
will inform the take calculations.
Researchers from Humboldt State University (HSU) regularly conduct
census counts of pinnipeds at the PGL and surrounding areas along the
northern California coast (e.g., Goley et al., 2021, BLM 2022).
Protected Species Observers (PSOs) on site during the first year of
construction recorded daily counts as well. Counts of northern elephant
seals, harbor seals, California sea lion, and Steller sea lion at the
PGL during the effective dates of the issued IHA (June 1 until October
1) are presented below.
Table 3--Pinniped Census Counts at Punta Gorda Lighthouse
----------------------------------------------------------------------------------------------------------------
Number of Number of
Number of Number of California sea Steller sea
Date elephant seals harbor seals lions observed lions observed
observed observed * * *
----------------------------------------------------------------------------------------------------------------
2019 Counts
----------------------------------------------------------------------------------------------------------------
June 8.......................................... 101 51 - -
June 15......................................... 74 107 - -
June 23......................................... 34 81 - -
July 7.......................................... 40 116 - -
July 14......................................... 50 180 - -
July 21......................................... 54 123 - -
August 3........................................ 39 105 - -
August 21....................................... 44 80 - -
August 31....................................... 62 22 - -
September 15.................................... 162 22 - -
September 27.................................... 244 28 - -
----------------------------------------------------------------------------------------------------------------
2020 Counts
----------------------------------------------------------------------------------------------------------------
June 4.......................................... 177 - - -
June 11......................................... 83 - - -
[[Page 31696]]
June 14......................................... 80 55 - -
June 24......................................... 37 - - -
June 27......................................... 38 77 - -
July 4.......................................... 36 - - -
July 12......................................... 39 90 - -
July 16......................................... 38 - - -
July 24......................................... 36 123 - -
July 30......................................... 38 - - -
August 6........................................ 32 - - -
August 9........................................ 28 73 - -
August 13....................................... 28 - - -
August 20....................................... 27 - - -
August 27....................................... 33 - - -
August 30....................................... 48 36 - -
September 5..................................... 60 38 - -
September 19.................................... 133 51 - -
September 27.................................... 177 53 - -
----------------------------------------------------------------------------------------------------------------
2021 Counts
----------------------------------------------------------------------------------------------------------------
June 10......................................... 199 - - -
June 29......................................... 59 109 - -
July 10......................................... 48 128 - -
July 26......................................... 34 104 - -
August 7........................................ 30 103 - -
August 22....................................... 42 68 - -
September 2..................................... 106 - - -
September 16.................................... 135 - - -
----------------------------------------------------------------------------------------------------------------
2022 Counts
----------------------------------------------------------------------------------------------------------------
June 22......................................... 39 42 0 0
June 23......................................... 53 50 0 0
June 24......................................... 34 117 0 0
June 25......................................... 50 110 0 0
June 27......................................... 38 150 0 0
June 28......................................... 61 126 0 0
June 29......................................... 54 132 0 0
June 30......................................... 56 169 0 0
July 1.......................................... 52 137 0 0
July 5.......................................... 48 156 0 0
July 6.......................................... 51 142 0 0
July 7.......................................... 34 - 0 0
July 8.......................................... 33 121 0 0
July 9.......................................... 56 141 0 0
July 11......................................... 28 106 0 0
July 12......................................... 37 139 0 1
July 13......................................... 38 156 0 0
July 14......................................... 34 190 0 0
July 15......................................... 37 134 0 0
July 16......................................... 30 136 0 0
July 18......................................... 29 114 0 0
July 19......................................... 30 108 0 0
July 20......................................... 25 122 0 0
July 21......................................... 27 99 0 0
July 22......................................... 32 109 0 0
July 23......................................... 31 109 0 0
July 25......................................... 29 115 0 0
July 26......................................... 33 93 0 0
July 27......................................... 30 58 0 0
July 28......................................... 29 91 0 0
July 29......................................... 33 73 0 0
August 1........................................ 31 82 0 0
August 2........................................ 28 76 0 0
August 4........................................ 32 77 0 0
August 5........................................ 28 105 2 0
August 6........................................ 29 72 0 0
August 8........................................ 26 71 0 0
August 9........................................ 27 55 10 0
August 10....................................... 28 48 7 0
[[Page 31697]]
August 11....................................... 32 41 0 0
August 12....................................... 38 56 0 0
August 15....................................... 34 46 0 0
August 16....................................... 40 56 3 0
August 17....................................... 42 61 0 0
August 18....................................... 44 50 0 0
August 19....................................... 42 64 0 0
August 20....................................... 39 56 0 0
August 22....................................... 40 57 7 0
August 23....................................... 48 58 6 0
August 24....................................... 48 60 0 0
August 25....................................... 54 59 0 0
August 26....................................... 51 48 0 0
August 27....................................... 54 38 0 0
August 29....................................... 65 37 0 0
August 30....................................... 57 51 1 0
August 31....................................... 46 49 0 0
September 1..................................... 60 41 0 0
Daily Average................................... 52.4 87.4 0.6 0.02
----------------------------------------------------------------------------------------------------------------
* Dashes (-) refer to instance where researchers did not record occurrence information.
Between 2019 and 2022, census counts of elephant seals and harbor
seals were collected at PGL during the effective dates of the IHA (June
1-October 1). Across all 4 years, the average daily count was 52.4
elephant seals (Goley et al., 2021, BLM 2022). A large proportion of
the elephant seals present at PGL are uniquely tagged and dye stamped
to identify individuals and the same individuals were identified at the
PGL haulout on multiple days. Across all 4 years, the daily average of
harbor seals was 87.4. The harbor seals present at the PGL are not
tagged or otherwise clearly identifiable, but since harbor seals
typically show hauling site fidelity (Herder 1986, Yochem et al., 1987,
Dietz et al., 2012, Waring et al., 2016), researchers from HSU
hypothesize that the harbor seal colony at the PGL is made up of the
same individuals that move between Punta Gorda and other nearby
haulouts.
During the first year of construction (June-October 2022), PSOs
recorded the number of California and Steller sea lions present in the
PGL area. The daily average count of California sea lions was 0.6 and
the daily average count of Steller sea lions was 0.02.
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur for authorization.
To estimate the total number of pinnipeds that may be present at
the PGL and subject to behavioral disturbance from the PGL
stabilization project, BLM multiplied the daily count of each species
averaged across all years of available census data (52.4 elephant
seals, 87.4 harbor seals, 0.6 California sea lions, and 0.02 Steller
sea lions) by the maximum days of work at the PGL (122 days), for an
estimated total take events of 6,393 for northern elephant seals,
10,663 for harbor seals, 73 for California sea lions, and 2 for Steller
sea lions) taken by Level B harassment. This estimation assumes that
all animals present will exhibit behavioral responses that are
considered take (Levels 2 and Level 3 as described in Table 2). As
described above, many of the seals present at the PGL are suspected or
confirmed to be present across multiple days. Therefore, the above
estimated take numbers are considered to represent instances of take,
not necessarily the number of individual seals that may be taken. In
the case of Steller sea lion, two takes may not adequately account for
all instances of possible take that could occur should multiple
individuals enter the project area over the course of construction, or
one individual enter the project area on multiple occasions. As such
the take estimate for this species has been increased to 30 as
requested by the applicant.
Table 4--Authorized Take by Level B Harassment by Species and Percentage of Each Stock Affected
----------------------------------------------------------------------------------------------------------------
\a\ Authorized
Species Stock take by Level Stock Percent of
B harassment abundance stock
----------------------------------------------------------------------------------------------------------------
Northern elephant seal................ California breeding..... 6,393 187,386 3.4
Pacific harbor seal................... California.............. 10,663 30,968 34.4
California sea lion................... U.S..................... 73 257,606 0.03
Steller sea lion...................... Eastern U.S............. 30 77,149 0.04
----------------------------------------------------------------------------------------------------------------
\a\ The authorized take represents the estimated number of instances of take, which does not equate to the
number of individuals that may be taken.
[[Page 31698]]
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks, and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, NMFS
considers two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, and impact on
operations.
The following mitigation measures are required:
The work season has been planned to reduce the level of impact on
elephant and harbor seals. The effective dates of the IHA (June 1, 2022
through October 1, 2022) occur when the elephant seal presence is at
its lowest and any harbor seal pups that may be on site will be old
enough to be self-sufficient if the colony temporarily flushes into the
water. No elephant seal pups are expected to be present during the work
season.
To the extent possible, BLM will limit the daily number of vehicle
trips between the project area and the contractor's offshore camp where
additional tools and supplies will be stored in trailers or other
storage containers.
While accessing and departing the project site, trained PSOs will
monitor ahead of the vehicle(s) path, using binoculars if necessary, to
detect any marine mammals prior to approach to determine if mitigation
(e.g., change of course, slow down) is required. Vehicles will not
approach within 20 m of marine mammals. If animals remain in the access
path with no possible route to go around and maintain 20 m separation,
a PSO may walk toward the animals and intentionally flush them into the
water to allow the vehicle(s) to proceed. To the extent possible, if
multiple vehicles are traveling to the site, they should travel in a
convoy such that animals are not potentially harassed more than once
while the vehicles pass.
At least one PSO will arrive onsite 10 minutes ahead of contractors
each day to obtain counts in two separate locations viewing both
haulouts before work commences.
A fence will be erected to keep elephant seals from entering the
construction area to limit disturbance and prevent accidental injury
from vehicles and construction debris.
All helicopters associated with the project will slowly approach
the work site and allow all marine mammals present to flush into the
water before setting any hauled materials down on the ground.
BLM must cease or delay visits to the project site if a species for
which the number of takes that have been authorized for a species are
met, or if a species for which takes were not authorized, is observed.
Based on our evaluation of the applicant's planned measures, NMFS
has determined that the mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
Mitigation and monitoring effectiveness.
Visual Monitoring
At least one NMFS-approved PSO will travel to and from the
construction site ahead of the work crew each day and serve as a lead
monitor to record incidental take. PSOs will consist of BLM wildlife
biologists, biological technicians, and interns, as well as King Range
National Conservation Area staff. At least one PSO will monitor the
beach surrounding the PGL during all construction activities.
PSOs should have the following qualifications:
Ability to conduct field observations and collect data
according to assigned protocols;
Experience or training in the field identification of
marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the
construction
[[Page 31699]]
operation to provide for personal safety during observations;
Writing skills sufficient to prepare a report of
observations including but not limited to the number of species of
marine mammals observed; dates and times when construction activities
were conducted; dates, times, and reason for implementation of
mitigation (or why mitigation was not implemented when required); and
marine mammal behavior; and
Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammal
observed in the area when necessary.
PSOs must record the following information for each day of work:
Date, time, and access route of each visit to the work
site;
Information on the weather, including tidal state and
estimated horizontal visibility;
Composition of marine mammals observed, such as species,
sex, and life history stage (e.g., adult, sub-adult, pup);
Estimated numbers (by species) of marine mammals observed
during the activities;
Location of marine mammals observed during construction
activities.
Marine mammal disturbances according to a three-point
scale of intensity (see Table 2)
Behavioral responses or modifications of behaviors that
may be attributed to the specific activities, a description of the
specific activities occurring during that time (e.g., pedestrian,
vehicle, or helicopter approach), and any mitigation action taken; and
Note the presence of any offshore predators (date, time,
number, and species).
Reporting
The BLM will report all observations of marked or tag-bearing
pinnipeds or carcasses and unusual behaviors, distributions, or numbers
of pinnipeds to the NMFS West Coast Regional Office.
A draft marine mammal monitoring report will be submitted to NMFS
within 90 days after the completion of each work season, or 60 days
prior to the requested issuance date of any future IHAs for projects at
the same location, whichever comes first. 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 on the draft report, the draft report will be considered the
final report. The marine mammal report will include an overall
description of work completed, a narrative regarding marine mammal
sightings and behavioral response to construction activities, and
associated PSO data sheets.
In addition to submitting raw sightings data, the report must
include:
Dates, and times (begin and end) of all marine mammal
monitoring;
Construction activities occurring during each daily
observation period such as supply transport via ground and/or
helicopter, fence installation, trail maintenance, and demolition etc.;
PSO locations during marine mammal monitoring; and
Environmental conditions during monitoring periods (at
beginning and end of PSO shift and whenever conditions change
significantly), and any relevant weather conditions including fog, sun
glare, and estimated observable distance.
Prior to the commencement of activities, on each subsequent hour
during construction, and before finishing construction each day, PSOs
will record and report the following marine mammal observations:
Name of the PSO who completed the observations and PSO
location and activity at the time of recording;
Time of observation;
The number (by species) of marine mammals observed during
the activities, by age and sex, if possible, and distances to
construction activities. Data may be reported according to groups in
cases where animals are concentrated together;
The behavioral response of marine mammals (by species,
age, and sex as possible) to construction activities based on the 3
point scale (Table 2), including distances to construction activities
and descriptions of construction activities occurring at the time of
observance. When pinnipeds are concentrated in groups, closest distance
of the group to construction activities may be reported; and
A description of the implementation and effectiveness of
the monitoring and mitigation measures of the IHA and full
documentation of methods, results, and interpretation pertaining to all
monitoring.
Separately, the same information should be recorded and reported
each time Level 2 or Level 3 harassment of marine mammals is observed.
Reporting Injured or Dead Marine Mammals
In the event that BLM or any other personnel involved in the
activities discover an injured or dead marine mammal, BLM will report
the incident to the NMFS Office of Protected Resources
([email protected]) and to the West Coast Regional
Stranding Coordinator as soon as feasible. If the death or injury were
clearly caused by a specific activity, BLM will immediately cease the
specified activities until NMFS is able to review the circumstances of
the incident and determine what, if any, additional measures are
appropriate to ensure compliance with the terms of the IHA. BLM will
not resume their activities until notified by NMFS. The report must
include the following information:
Time, date, and location (latitude and longitude) of the
first discovery (and updated location information if known and
applicable);
Species identification (if known) or description of the
animal(s) involved;
Condition of the animal(s) (including carcass condition of
the animal is dead);
Observed behaviors of the animal(s), if alive;
If available, photographs or video footage of the
animal(s); and
General circumstances under which the animal was
discovered.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as
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reflected in the regulatory status of the species, population size and
growth rate where known, ongoing sources of human-caused mortality, or
ambient noise levels).
To avoid repetition, the discussion of our analysis applies to all
the species listed in Table 4, given that the anticipated effects of
this activity on these different marine mammal stocks are expected to
be similar. There is little information about the nature or severity of
the impacts, or the size, status, or structure of any of these species
or stocks that will lead to a different analysis for this activity.
Activities associated with Phase 2 of the PGL stabilization project, as
described previously, have the potential to disturb or displace marine
mammals. Specifically, the specified activities may result in take, in
the form of Level B harassment (behavioral disturbance) from in-air
sounds and visual disturbance. Potential takes could occur if
individual marine mammals are present nearby when activity is
happening.
No injuries or mortalities are anticipated to occur as a result of
the PGL stabilization project and none are authorized. The risk of
marine mammal injury, serious injury, or mortality associated with the
construction project increases somewhat if disturbances occur during
pupping season. These situations present increased potential for
mothers and dependent pups to become separated and, if separated pairs
do not quickly reunite, the risk of mortality to pups (e.g., through
starvation) may increase. Separately, adult male elephant seals may
trample elephant seal pups if disturbed, which could potentially result
in the injury, serious injury, or mortality of the pups. However, the
planned activities will occur outside of the elephant seal pupping
season, therefore no elephant seal pups are expected to be present.
Although the timing of the activities will partially overlap with
harbor seal pupping season, the PGL is not a harbor seal rookery and
few pups are anticipated to be encountered during the planned
construction. In fact, the daily average of harbor seal pups present at
PGL during 2022 construction (June 22-September 1) was just 1.7. Harbor
seals are very precocious with only a short period of time in which
separation of a mother from a pup could occur. The planned activities
will occur late enough in the pupping season that any harbor seal pups
present will likely be old enough to keep up with their mother in
unlikely event of a stampede or other flushing event. The mitigation
measures (i.e., minimum separation distance, slow approaches, and
minimizing vehicle trips to the PGL) generally preclude the possibility
of behaviors, such as stampeding, that could result in extended
separation of mothers and dependent pups or trampling of pups.
Effects on individuals that are taken by Level B harassment, on the
basis of reports in the literature as well as monitoring from other
similar activities including phase 1 construction at this site, will
likely be limited to reactions such as alerts or movements away from
the lighthouse structure, including flushing into the water. Most
likely, individuals will simply move away from the acoustic or visual
stimulus and be temporarily displaced from the areas. In fact, during
the first year of construction at PGL elephant seals were not observed
flushing at any point during construction and were only observed moving
on 11 occasions. Harbor seals were observed flushing 255 times and
moving 322 times, which represents a small fraction (6 percent) of the
Level B harassment authorized for the project (BLM 2022).
Monitoring reports from similar activities (e.g., Point Blue
Conservation Science, 2020; University of California Santa Cruz
Partnership for Interdisciplinary Studies of Coastal Oceans, 2021) have
reported no apparently consequential behavioral reactions or long-term
effects on marine mammal populations as noted above. Repeated exposures
of individuals to relatively low levels of sound and visual disturbance
outside of preferred habitat areas are unlikely to significantly
disrupt critical behaviors or result in permanent abandonment of the
haulout site. Thus, even repeated Level B harassment of some small
subset of the overall stock is unlikely to result in any significant
realized decrease in viability for the affected individuals, and thus
will not result in any adverse impact to the stock as a whole. Level B
harassment will be reduced to the level of least practicable adverse
impact through use of mitigation measures described herein and, if
sound and visual disturbance produced by project activities is
sufficiently disturbing, animals are likely to simply avoid the area
while the activity is occurring.
Of the marine mammal species anticipated to occur in the planned
activity areas, none are listed under the ESA and there are no known
areas of biological importance in the project area. Taking into account
the planned mitigation measures, effects to marine mammals are
generally expected to be restricted to short-term changes in behavior
or temporary displacement from haulout sites. The Lost Coast area has
abundant haulout areas for pinnipeds to temporarily relocate, and
marine mammals are expected to return to the area shortly after
activities cease. No adverse effects to prey species are anticipated as
no work will occur in-water, and habitat impacts are limited and highly
localized, consisting of construction work at the existing lighthouse
station and the transit of vehicles and equipment along the access
route. Based on the analysis contained herein of the likely effects of
the specified activity on marine mammals and their habitat, and taking
into consideration the implementation of the planned mitigation and
monitoring measures, NMFS finds that the total marine mammal take from
BLM's PGL stabilization project will not adversely affect annual rates
of recruitment or survival and, therefore, will have a negligible
impact on the affected species or stocks.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect any of the species or stocks
through effects on annual rates of recruitment or survival:
No serious injury or mortality, or Level A harassment is
anticipated or authorized;
Few pups are expected to be disturbed, and will not be
abandoned or otherwise harmed by other seals flushing from the area;
Effects of the activities will be limited to short-term,
localized behavioral changes;
Nominal impacts to pinniped habitat are anticipated
No biologically important areas have bene identified in
the project area;
There is abundant suitable habitat nearby for marine
mammals to temporarily relocate; and
Mitigation measures are anticipated to be effective in
minimizing the number and severity of takes by Level B harassment,
which are expected to be of short duration.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the planned monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the planned activity will have a negligible impact on all affected
marine mammal species or stocks.
Small Numbers
As noted previously, only take of small numbers of marine mammals
may
[[Page 31701]]
be authorized under section 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
With the exception of Pacific harbor seals, the amount of take NMFS
proposes to authorize is well below one-third of any stock's best
population estimate (see Table 4), which NMFS considers to be small
relative to stock abundance. In fact, the annual take by Level B
harassment is less than 1 percent of stock abundance for both otariid
species that may be encountered in the project area (i.e., California
sea lion and Steller sea lion), and less than 4 percent of the northern
elephant seal stock's best population estimate. While the estimated
take of Pacific harbor seal equates to over 33 percent of the Pacific
harbor seal stock, these takes represent instances of take, not
necessarily the number of individual seals that may be taken. As such,
in all cases, including Pacific harbor seal, these take estimates are
considered conservative because NMFS assumes all takes are of different
individual animals which is likely not the case. Researchers from HSU
have used tags and dye stamps to identify individual elephant seals and
have verified the same individuals are hauling out at PGL. While harbor
seals are not marked or otherwise clearly identifiable, HSU researchers
hypothesize that the harbor seal colony at PGL is made up of the same
individuals that move between Punta Gorda and other nearby haulouts.
This is based on the fact that this species typically shows hauling
site fidelity (Herder 1986, Yochem et al., 1987, Dietz et al., 2012,
Waring et al., 2016). Therefore, many individuals that may be taken by
Level B harassment are likely to be the same across consecutive days,
despite PSOs counting them as separate takes throughout the duration of
the project.
Based on the analysis contained herein of the authorized activity
(including mitigation and monitoring measures) and the anticipated take
of marine mammals, NMFS finds that small numbers of marine mammals will
be taken relative to the population size of the affected species or
stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks will not
have an unmitigable adverse impact on the availability of such species
or stocks for taking for subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (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 whenever we propose to authorize take for
endangered or threatened species, in this case with the West Coast
Regional Office.
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.
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 will
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Authorization
NMFS has issued an IHA to BLM for the potential harassment of small
numbers of four marine mammal species incidental to the Phase 2 of the
PGL Stabilization Project repair in Humboldt County, California from
June 1 through September 30, 2023, that includes the previously
explained mitigation, monitoring, and reporting requirements.
Dated: May 10, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-10640 Filed 5-17-23; 8:45 am]
BILLING CODE 3510-22-P
