[Federal Register Volume 63, Number 107 (Thursday, June 4, 1998)]
[Notices]
[Pages 30476-30478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-14872]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 050198C]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Tatoosh Island, WA Storage Tank Removal Project

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

ACTION: Notice of proposed authorization for a small take exemption; 
request for comments.

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SUMMARY: NMFS has received a request from the U.S. Coast Guard's Civil 
Engineering Unit, Oakland, CA (U.S. Coast Guard) for authorization to 
take small numbers of California sea lions, Pacific harbor seals, and 
Steller sea lions by harassment incidental to removing three 
underground storage tanks (USTs) and one or two above-ground storage 
tanks (ASTs) at the Cape Flattery Light Station on Tatoosh Island, 
Callam County, WA. Under the Marine Mammal Protection Act (MMPA), NMFS 
is requesting comments on its proposal to authorize the U.S. Coast 
Guard to incidentally take, by Level B harassment, small numbers of 
seals and sea lions in the above-mentioned area after September 1, 
1998.

DATES: Comments and information must be received on or before July 6, 
1998.

ADDRESSES: Comments on the application should be addressed to Chief, 
Marine Mammal Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225. A copy of the application, and/or a list of references used in 
this document may be obtained by writing to this address or by 
telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources at 301-713-2055,

[[Page 30477]]

or Brent Norberg, Northwest Regional Office at 206-526-6733.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) and (D) 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 either regulations are issued or, if the taking is limited to 
harassment, a notice of a proposed authorization is provided to the 
public for review.
    Permission may 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 subsistence uses and that the permissible methods of 
taking and requirements pertaining to the monitoring and reporting of 
such takings are set forth. NMFS has defined ``negligible impact'' in 
50 CFR 216.103 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.''
    Subsection 101(a)(5)(D) of the Marine Mammal Protection Act 
established an expedited process by which citizens of the United States 
can apply for an authorization to incidentally take small numbers of 
marine mammals by harassment. The MMPA now defines ``harassment'' as:

     ...any act of pursuit, torment, or annoyance which (a) has the 
potential to injure a marine mammal or marine mammal stock in the 
wild; or (b) 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.

    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.

Summary of Request

    On April 27, 1998, NMFS received a request from the U.S. Coast 
Guard for authorization to take small numbers of California sea lions 
(Zalophus californianus), Pacific harbor seals (Phoca vitulina), and 
Steller sea lions (Eumetopias jubatus) by harassment incidental to 
removing three USTs and one or two ASTs at the Cape Flattery Light 
Station on Tatoosh Island, Callam County, WA.
    The expected impact on marine mammals will be from the noise 
created by the arrival and departure of heavy-lift, tandem-rotor 
helicopters. Heavy-lift helicopters will be used to sling equipment and 
materials to and from the project. The most common heavy-lift 
helicopters commercially available in the Pacific Northwest are the 
Boeing 234 Chinook and Vertol 107-II.
    Large equipment and materials will be slung 30 to 50 ft below the 
helicopter, depending upon the load's dynamics. Personnel, small 
equipment, and supplies will be carried internally. Materials removed 
from the site will include two 500-gallon (1,892.5-ltr) USTs, a 1,000-
gallon (3,785-ltr) UST, contaminated water (estimated at 2,000 gallons 
(7,570 ltrs), contaminated soil (estimated at 15 cubic yards (11.5 
m3), a 33,000-gallon (124,905-ltr) AST, and possibly a 
2,000-gallon (7,570-ltr) AST.
    Removal of the USTs and ASTs will take place over a 3-week period 
commencing on or about September 1, 1998. During approximately 4 days 
of work during that 3-week period, helicopters will make approximately 
23 trips to and from the site. It should be noted that this activity is 
required by 40 CFR part 280 subpart G, Out-of-Service UST Systems and 
Closure and is necessary to protect the environment from leaking UST/
ASTs.

Description of Marine Mammals Affected by the Activity

    California sea lions, Pacific harbor seals, and Steller sea lions 
are the three species expected to be impacted by the UST and AST 
removal. Information additional to the information provided here can be 
found in Barlow et al. (1995, 1997).

Harbor Seal

    The harbor seal is the most abundant pinniped in Washington State 
with 319 haulouts in the state. They are present all year, but peak 
harbor seal abundance on land occurs from May through July or August, 
followed by a sharp decline in abundance in the fall and winter. Along 
the coast of Washington, pupping occurs in May/June. Pups are weaned at 
approximately 4 weeks, and nursery sites are then abandoned.
    Studies of harbor seal populations in the Northwest suggest a 
growth rate of approximately 7.0 percent for the population from 1978 
to 1993, slowing somewhat from 1991 to 1993 to approximately 3.7 
percent (Huber et al., 1995). In 1993, the Washington population was 
estimated at over 34,000 (Huber, 1995). Harbor seals are common 
throughout the waters of the Strait of Juan de Fuca; 200 harbor seals 
are estimated to be on Tatoosh Island during September (Pat Gearin, 
pers. comm).

California Sea Lion

    The population of California sea lions ranges from Mexico to 
Vancouver Island (NMFS, 1992, 1997). Along Washington's outer coast, 
the greatest number of sea lions is present in October and November. A 
spring peak in numbers occurs offshore Oregon as animals from British 
Columbia and Washington pass Oregon and northern California as they 
return to rookeries in southern California.
    Since nearing extinction in the early part of this century, their 
numbers have increased at approximately 5 percent per year (Barlow et 
al., 1995). In the U.S., they breed during July after pupping in late 
May to June, primarily in the Channel Islands of California. Nearly all 
animals in Washington are non-breeding males. Few females and no pups 
have been sighted, so the breeding stock of this species will not be 
affected by the activity. California sea lions migrate northward into, 
and remain in, Washington waters from September until June. Southward 
migration peaks in Washington in March and April.
    Population estimates for the species range from 167,000 to 188,000 
(Barlow et al., 1997). The number of California sea lions on Tatoosh 
Island during September is estimated at 50 (Pat Gearin, NMML, pers. 
comm).

Steller Sea Lion

    The Steller sea lion has been divided into two groups along a line 
in the western Gulf of Alaska. In 1990, the entire sea lion population 
was listed as threatened under the Endangered Species Act (ESA) because 
of pronounced declines in the western group.
    Breeding begins uniformly throughout the sea lion's range in mid-
May, and the highest pup counts occur in early July (Bonnell et al., 
1992). These mammals prefer the outer coast of Washington and the 
Strait of Juan de Fuca, especially in late fall (Bonnell et al., 1992). 
This species is common throughout most of the area, especially near the 
entrance to the Strait of Juan de Fuca. Hill et al. (1997) estimate the 
population size for the eastern stock of this species at

[[Page 30478]]

23,900. As many as 300 Steller sea lions have been found using Tatoosh 
haulouts during the time the project will occur (Gearin and Jeffries, 
1996).

Potential Effects on Marine Mammals

    The noise from the helicopters passing overhead is likely to 
startle any pinnipeds ashore at the time and result in their leaving 
the land for the water. Safety concerns will dictate the direction of 
arrival and departure but it is likely that many flights will be 
sufficiently close to one or more haul-outs that pinnipeds ashore at 
the time will flee to the water. Hovering, which causes the most noise, 
will be limited to the time it takes to unsling the equipment at the 
UST/AST removal site on the top of the island. Except for helicopter 
operations, all other activities associated with the UST/AST removals 
will take place either on the mainland or on top of the island and 
should have no effect on the seals and sea lions.
    There are four haulout sites on or near Tatoosh Island, which is 
part of the Makah Nation. These sites are used by Steller sea lions, 
Pacific harbor seals, and California sea lions.
    Seals and sea lions haul out onto dry land for various biological 
reasons, including sleep (Krieber and Barrette, 1984; Terhune, 1985), 
predator avoidance, and thermoregulation (Barnett, 1992). For example, 
harbor seals spend most of the evening and nighttime hours in the ocean 
(Bowles and Stewart, 1980), and hauled-out seals spend much of their 
daytime hours in apparent sleep (Krieber and Barrette, 1984; Terhune, 
1985). In addition to sleep, seals and sea lions apparently leave the 
ocean to avoid aquatic predators and excessive heat loss to the sea 
water (Barnett, 1992).
    However, the advantages of hauling out are counterbalanced by 
dangers of the terrestrial environment, including predators. Because of 
these opposing biological forces, haulout groups are often temporary, 
unstable aggregations (Sullivan, 1982).
    The size of the haulout group is thought to be an anti-predator 
strategy (da Silva and Terhune, 1988). By increasing their numbers at a 
haulout site, seals (and sea lions) optimize the opportunities for 
sleep by minimizing the requirement for individual vigilance against 
predators (Krieber and Barrette, 1984). This relationship between seals 
and their predators is thought to have represented a strong selection 
pressure for startle behavior patterns (da Silva and Terhune, 1988). As 
a result, harbor seals, which have been subjected to extensive 
predation and hunting, rush into the water at the slightest alarm 
(Arseniev, 1986) unless they have become habituated to the disturbance 
(Lagomarsino, pers. commn.).
    Startle response in harbor seals can vary from a temporary state of 
agitation by a few individuals to the complete abandonment of the beach 
area by the entire colony. Normally, when harbor seals are frightened 
by noise or by the approach of a boat, plane, human, or potential 
predator, they will move rapidly to the relative safety of the water. 
Depending upon the severity of the disturbance, seals may return to the 
original haulout site immediately, stay in the water for some length of 
time before hauling out, or haul out in a different area. When 
disturbances occur late in the day, harbor seals may not haul out again 
until the next day.
    The total number of incidental harassment takes to the seals and 
sea lions is estimated by the applicant at 12,650. The number by 
species is: Stellers, 6,900; harbor seal, 4,600; and California sea 
lions, 1,150. This estimate uses the maximum potentional number of 
animals (550) and 23 flights. The U.S. Coast Guard believes the number 
should be significantly less because each flight may not have the same 
impact on each haulout. It is also likely that, as the noise impacts 
continue, animals will temporarily leave the haulout for other haulouts 
rather than return only to be driven away again.

Mitigation

    Because access to Tatoosh Island is limited to small boats and foot 
traffic, use of helicopters is the only identified means to remove the 
UST/ASTs. The U.S. Coast Guard has scheduled the work to avoid the 
pupping and molting season for harbor seals.
    NMFS proposes to require the helicopters remain at the greatest 
altitude practicable prior to landing on Tatoosh Island, to attain the 
greatest altitude practicable at time of takeoff, and to avoid direct 
overflights of the haulouts.

Monitoring and Reporting

    During any time that helicopter activities are undertaken, 
monitoring is proposed to be conducted by a minimum of one trained 
biologist who is approved in advance by NMFS. Observations will be made 
at the haulout site nearest the planned flight path of the helicopter. 
If neither seals nor sea lions are ashore at the time of the flight, 
observations will be made at the next nearest haulout site. The U.S. 
Coast Guard will provide a report to NMFS within 120 days of the 
completion of the project. This report will provide dates and locations 
of operations, details of marine mammal sightings, including the number 
of pinipeds, by species and haulout location, that fled from the beach 
because of helicopter activities, the number returning subsequent to 
the disruption, and estimates of the amount and nature of all takes by 
harassment.

Consultation

    Under section 7 of the Endangered Species Act, NMFS has begun 
consultation on the proposed issuance of an incidental harassment 
authorization. Consultation will be concluded upon completion of the 
comment period and taking into consideration those comments received on 
the proposed issuance of an authorization.

Conclusions

    NMFS has preliminarily determined that the short-term impact of 
four days of helicopter flights over Tatoosh Island is expected to 
result in a temporary reduction in utilization of the haulout as seals 
and sea lions leave the beach for the safety of the water. Helicopter 
activity is not expected to result in any reduction in the number of 
harbor seals, California sea lions, or Steller sea lions, and these 
species are expected to continue to occupy the same area. This 
behavioral change is expected to have a negligible impact on the 
animals. Additionally, there will not be any impact on the habitat 
itself.

Proposed Authorization

    NMFS proposes to issue an incidental harassment authorization to 
the U.S. Coast Guard for possible Level B harassment of small numbers 
of California sea lions, Pacific harbor seals, and Steller sea lions. 
NMFS has preliminarily determined that the proposed activities would 
result in the harassment of only small numbers of each of these species 
of marine mammals and would have no more than a negligible impact on 
these marine mammal stocks.

Information Solicited

    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: May 29, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 98-14872 Filed 6-3-98; 8:45 am]
BILLING CODE 3510-22-F