[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Notices]
[Page 22834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10641]



[[Page 22834]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration
[I.D. 011999A]


Small Takes of Marine Mammals Incidental to Specified Activities; 
La Jolla Children's Pool Beach Management and Water Quality Project

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

ACTION: Notice of withdrawal of a request for a small take exemption 
authorization.

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SUMMARY: On April 8, 1999, NMFS was notified by the City of San Diego's 
Park and Recreation Department that it was withdrawing its request for 
an authorization under the Marine Mammal Protection Act (MMPA) to take 
small numbers of Pacific harbor seals by harassment incidental to 
excavating and removing beach sand at the La Jolla Children's Pool, La 
Jolla, CA.

ADDRESSES: A copy of the application and/or the letter of withdrawal 
may be obtained by writing to Donna Wieting, Acting Chief, Marine 
Mammal Conservation Division, Office of Protected Resources, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910-3225 or by telephoning one of the contacts listed in FOR FURTHER 
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of 
Protected Resources at 301-713-2055, or Joe Cordaro, Southwest Regional 
Office at 562-980-4017.

SUPPLEMENTARY INFORMATION: On December 28, 1998, NMFS received a 
request from the City of San Diego for authorization under section 
101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) to take small 
numbers of Pacific harbor seals (Phoca vitulina) and possibly 1 to 2 
California sea lions (Zalophus californianus) and northern elephant 
seals (Mirounga angustirostris) by harassment incidental to excavating 
and removing 3,000 yd3 (2,295 m3) of beach sand 
at the La Jolla Children's Pool. The La Jolla Children's Pool was 
constructed in 1931 to provide a sheltered swimming area for children 
in La Jolla. Over time, the beach behind the breakwater has gradually 
widened as sand has accumulated in the sheltered pool. By 1998, the 
shoreline had advanced to near the end of the breakwater, at the mouth 
of the pool, leaving very little area for recreational swimming. The 
lack of a protected swimming area and the proximity to dangerous rip 
current conditions near the breakwater opening have created significant 
safety concerns.
    In addition to the restricted use and associated dangers due to 
sand accretion, recreational use has been further compromised by a 
population of harbor seals that regularly use the Children's Pool area 
as a haul-out area. Seal feces from the concentrated harbor seal 
population have resulted in fecal coliform bacteria counts that 
significantly exceed State water quality standards for bathing beaches 
and body contact areas. DNA testing has confirmed the harbor seal 
population as the source of the bacterial contamination. As a result, 
the Children's Pool has been determined unsafe for human contact and 
has been closed to the public for all water contact since September 4, 
1997. Moreover, the presence of the large seal population attracts 
large numbers of non-bathing observers to the beach area. This 
interaction has raised additional safety concerns for both humans and 
the seals.
    The La Jolla Children's Pool Beach Management and Water Quality 
Project proposed to restore a safe swimming area and acceptable water 
quality to the pool by reducing the beach width. Out of 4,200 
yd3 (3,213 m3) of sand in the pool area, 
approximately 3,000 yd3 (2,295 m3) was to have 
been excavated and removed to narrow the beach. The City of San Diego 
expected that, by excavating and enlarging the area available for 
recreational swimming, it would provide a safe region for the public 
away from the dangerous rip currents, and, by reducing the area 
available for harbor seals, water quality levels are expected to return 
to former levels that were acceptable and safe for human contact.
    A notice of receipt of the application and proposed incidental 
harassment authorization issued under the MMPA was published on 
February 22, 1999 (64 FR 8548), and a 30-day public comment period was 
provided on the application and proposed authorization. Several 
comments were received during the comment period.
    Subsequent to the close of the comment period, on April 8, 1999, 
NMFS was notified by the Park and Recreation Department that it was 
withdrawing its request for an authorization under section 101(a)(5)(D) 
of the MMPA to take small numbers of Pacific harbor seals by harassment 
incidental to excavating and removing beach sand at the La Jolla 
Children's Pool, La Jolla, CA. The letter noted that the City will be 
evaluating alternatives to sand removal in order to reduce the level of 
fecal contamination in the pool waters and may submit a renewed 
application in the future.

    Dated: April 22, 1999.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 99-10641 Filed 4-27-99; 8:45 am]
BILLING CODE 3510-22-F