[Federal Register Volume 60, Number 24 (Monday, February 6, 1995)]
[Notices]
[Pages 7046-7047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-2748]



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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 011195A]


Marine Mammals; Small Takes of Marine Mammals Incidental to 
Specified Activities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice of issuance of an incidental harassment authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization to take small numbers of harbor seals by 
harassment incidental to the nonexplosive demolition of the Still 
Harbor Dock Facility on McNeil Island in southern Puget Sound has been 
issued to the Washington State Department of Corrections (WDOC).

EFFECTIVE DATE: This authorization is effective from 0001 hours January 
20, 1995 until 2400 hours January 19, 1996.

ADDRESSES: The application and authorization are available for review 
in the following offices: Marine Mammal Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910 and 
the Northwest Region, NMFS, 7600 Sand Point Way NE, Seattle, WA 98115.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Marine Mammal 
Division, Office of Protected Resources at 301-713-2055, or Brent 
Norberg, Northwest Regional Office at 206-526-6733.

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(A) of the MMPA (16 U.S.C. 
1361 et seq.) directs the Secretary of Commerce to allow, upon request, 
the incidental, but not intentional taking 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 regulations are issued.
    Permission may be granted if NMFS finds that the taking will have a 
negligible impact on the species or stock(s); will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses; and the permissible methods of taking 
and requirements pertaining to the monitoring and reporting of such 
taking are set forth.
    On April 30, 1994, the President signed Public Law 103-238, the 
Marine Mammal Protection Act Amendments of 1994. One part of this law 
added a new subsection 101(a)(5)(D) to the MMPA to establish an 
expedited process by which citizens of the United States can receive an 
authorization, without regulations, to incidentally take small numbers 
of marine mammals by harassment. New subsection 101(a)(5)(D) 
establishes a 45-day time limit for NMFS review of an application 
followed by a 30-day public notice and comment period on any proposed 
authorizations for the incidental harassment of small numbers of marine 
mammals. Within 45 days of the close of the comment period, NMFS must 
either issue or deny issuance of the authorization.
    On August 18, 1994, the WDOC applied for an authorization under 
section 101(a)(5)(D) of the MMPA, for the take of a small number of 
harbor seals by harassment incidental to the demolition of the existing 
dock facility and the driving of approximately 152 concrete, plastic, 
and steel piles (90 concrete, 40 plastic, and 22 steel) of the Still 
Harbor Dock Facility on McNeil Island in southern Puget Sound, WA. 
Notice of receipt of the application and the proposed authorization was 
published on November 8, 1994 (59 FR 55639) and a 30-day public comment 
period was provided on the application and proposed authorization. In 
addition, an Environmental Assessment (EA) was prepared for this action 
by NMFS and made available at that time. During the comment period, one 
comment was received. The Marine Mammal Commission recommended that the 
proposed small take exemption not be issued until the uncertainties and 
details of the monitoring program have been worked out and NMFS is able 
to reasonably conclude that the (monitoring) program is appropriate to 
detect any possible harmful effects on the local harbor seal 
population. In part as a result of this comment, a condition of the 
Incidental Harassment Authorization is for WDOC to notify both NMFS and 
the Washington Department of Fish and Wildlife (WDFW) at least 48 hours 
prior to commencement of work in order to allow observations of harbor 
seals prior to work beginning. To ensure that observations take place 
during demolition work, if NMFS and/or WDFW biologists are not 
available during demolition, the WDOC is required to contract for 
behavioral observations to be made during any work on the McNeil Island 
Dock. The Commission also questioned the scheduling of the proposed 
activities and noted that while documentation states that ``[t]he dock 
removal and construction schedules were developed to avoid 
reproductively sensitive life history periods of several species of 
wildlife, including harbor seals'' the documents did not indicate what 
other wildlife species were considered or discussed. As a result, the 
Commission was concerned that they were not able to determine whether 
the proposed authorization would meet the requirements of section 
101(a)(5)(D)(ii) of the MMPA. As explained to the Commission, these 
other species were not discussed in the EA because they were discussed 
in the Environmental [[Page 7047]] Impact Statement prepared by the 
WDOC (which was incorporated by reference into the EA). It should be 
noted that the dock construction schedule was developed by the 
applicant in cooperation with the WDFW to ensure the least impact on 
the various protected species. Once NMFS was assured that the taking 
would not result in more than the harassment (as defined by the MMPA 
Amendments of 1994) of a small number of harbor seals, would have a 
negligible impact on the species, and would result in the least 
practicable impact on the stock, NMFS determined that the requirements 
of section 101(a)(5)(D) had been met and the authorization could be 
issued.
    Additional background information on the activity and request can 
be found in the notice of receipt and proposed authorization (59 FR 
55639, November 8, 1994) and need not be repeated here.

    Dated: January 30, 1995.
Patricia A. Montanio,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 95-2748 Filed 2-3-95; 8:45 am]
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