[Federal Register Volume 66, Number 177 (Wednesday, September 12, 2001)]
[Notices]
[Pages 47453-47455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22931]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 082001B]


Small Takes of Marine Mammals Incidental to Specified Activities; 
Repairs at the Carpinteria Oil and Gas Processing Facility, 
Carpinteria, CA

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

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

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SUMMARY: NMFS has received a request from Venoco, Inc. for an 
authorization to take small numbers of marine mammals by harassment 
incidental to repairs at the Carpinteria Oil and Gas Processing 
Facility in Carpinteria, CA. Under the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to authorize Venoco 
to incidentally take, by harassment, small numbers of Pacific harbor 
seals (Phoca vitulina richardsi) from November 1, 2001, through 
November 1, 2002.

DATES: Comments and information must be received no later than October 
12, 2001.

ADDRESSES: Comments on the application should be addressed to Donna 
Wieting, Chief, Marine Mammal Conservation Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910-3225. A copy of the application, the Project Execution Plan, and 
Wildlife Protection Plan may be obtained by writing to this address or 
by telephoning one of the contacts listed here.

FOR FURTHER INFORMATION CONTACT: Simona P. Roberts, (301) 713-2322, 
ext. 106 or Christina Fahy, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101 (a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq.) direct 
the Secretary of Commerce 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, the taking is limited to harassment, and notice of a proposed 
authorization is provided to the public for review.
    Authorization may be granted if NMFS finds, based on the best 
available scientific evidence, that the taking will have a negligible 
impact on the marine mammal species or stock(s). Where negligible 
impact is defined in regulation (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''.

Summary of Request

    On June 17, 2001, NMFS received an application from Venoco, Inc., 
the owner and operator of the Carpinteria Oil and Gas Processing 
Facility in Carpinteria, CA, requesting an authorization for the 
harassment of small numbers of Pacific harbor seals incidental to 
repair of gas pipeline supports and pier pilings at Casitas Pier. A 
detailed description of the work proposed for 2001 is contained in the 
Project Execution Plan and application which is available upon request 
(see ADDRESSES).
    Venoco plans to complete all repair activities in a 3-week period 
beginning in early November 2001. To account for potential weather and 
logistical delays and reduce further paperwork, the proposed IHA would 
be issued for a full 1-year period (November 2001-November 2002).

Description of Marine Mammals and Habitat Potentially Affected by 
the Activity

    Harbor seals generally are non-migratory, with local movements 
associated with such factors as tides, weather, season, food 
availability, and reproduction(Scheffer and Slipp, 1944; Fisher, 1952; 
Bigg, 1969, 1981). They haul out on rocks, reefs, beaches, and drifting 
glacial ice, and feed in marine, estuarine, and occasionally fresh 
waters. Harbor seals have also displayed strong fidelity for haulout 
sites (Pitcher and Calkins, 1979; Pitcher and McAllister, 1981). The 
eastern Pacific harbor seal has an estimated population of 285,000 
individuals distributed along the entire west coast of North America 
from the Pribilof and Aleutian Islands in Alaska to Baja California.
    In Carpinteria, Pacific harbor seals haul out year round. This area 
is one of two along the mainland coast of southern California that is 
readily accessible to the public. The other haul out is in La Jolla, 
CA. There are four other sizable haul outs along the mainland coast of 
Santa Barbara County, one at Naples, one at Point Conception, and two 
at Vandenberg Air Force Base. However, unlike the Carpinteria haul out, 
these sites are on private land and not readily accessible to the 
public.
    In Carpinteria, peak numbers are reached during the pupping season 
(late February through March) and molting season (summer months). The 
pups born at these sites are weaned in 4 to 6 weeks, so nearly all pups 
are independent by the end of May. 20 to 30 pups are usually born there 
each year (Howorth, 1995, 1998). A peak abundance count made during the 
1998 pupping season was 345 seals (Howorth, 1998).
    The project site is adjacent to a small beach used by harbor seals 
as a haul-out and rookery area. Harbor seals continue to use this area 
despite pier activity and human presence (Howorth, 1995, 1998). 265 
feet (ft) (81 meters (m)) east of Casitas Pier, a small sandy beach and 
offshore rock area marks the western limits of the local harbor seal 
haul outs.
    California sea lions ( Zalophus californianus) do occasionally haul 
out on the beach or rocks adjacent to the

[[Page 47454]]

project site. However, such individuals are usually not healthy and are 
taken to the Santa Barbara Marine Mammal Center (Howorth, 1995, 1998).
    Bottlenose dolphins (Tursiops truncatus) and the eastern North 
Pacific gray whale (Eschrichtius robustus) have been reported near the 
project site (Howorth, 1995, 1998). Both species, when sighted near the 
project site, have consistently avoided the pier. Years of data from 
previous projects and from the Carpinteria Seal Watch have not observed 
any instances of cetaceans within the project area.

Potential Effects on Marine Mammals and their Habitat

    Potential harassment may result from noise generated by repair 
activities to the pipeline and pier as well as from the physical 
presence of people on the beaches.
    Seals may be disturbed and leave the beach when pile driving 
activities are underway; however, previous monitoring has shown that 
all seals returned when activities ceased (Venoco, 2001).

Number of Marine Mammals Potentially Harassed

    During repair work carried out by Venoco an estimated 364 Pacific 
harbor seals have the potential to be incidentally harassed. This 
number is the maximum count documented by Howorth (1995, 1998) during 
the summer molting season.

Mitigation

    Mitigation measures described in this section and still under 
development by Venoco are being proposed to reduce the potential for 
harassment and eliminate the potential for incidental injury and 
mortality due to repair activities.
    If operationally feasible, all repairs will take place during 
daylight hours in a three-week period commencing November 1, 2001, 
before the harbor seal pupping period and while the beach is open to 
the public. During this period few, if any, seals are present on shore 
because beachwalkers, dogs, joggers, kayakers, and others frequent the 
beach during daylight hours. During November, early storms and currents 
erode the sand covering the rocks and reefs, which will also reduce the 
amount of excavation necessary to expose the base of the pier pilings.
    Work on pilings closest to the haul-out site will be conducted at 
the beginning of the project and only during low tides (American Marine 
Corp., 2000). Therefore, any potential for disturbing harbor seals 
would be limited to approximately 4 hours each 24-hour period.
    To reduce the potential for visual disturbance to the seals, 
mitigation measures will include, but will not be limited to: the 
diving air compressor, trucks, and equipment motors will be equipped 
with quiet mufflers; backup alarms on trucks will be disconnected; all 
lines, floats, cables, etc. used in handling materials will be secured 
to the pier; a large, weighted down tarp will be placed to hide workers 
on the beach from view; all personnel will be instructed to avoid rapid 
or sudden movements, shouting, throwing objects or other actions that 
could startle the seals; only the minimum number of people needed to 
perform the work on the beach at one time will be allowed; divers will 
be instructed to stay submerged while performing their tasks; and 
verbal communications from the pier or other project site to divers or 
workers will be via radio.
    Successful implementation of additional mitigation measures by 
Venoco and their contractors would further reduce the potential for 
adverse impacts on Pacific harbor seals in the area.

Monitoring

    NMFS will require Venoco to monitor the impact of pile driving and 
other repair activities on harbor seals. Monitoring will be conducted 
by one or more NMFS-approved biologists. Before an incidental 
harassment authorization can be issued to Venoco for this activity, 
NMFS must receive and accept a complete monitoring plan that includes: 
(1) a description of the proposed survey techniques that would be used 
to determine the movement and activity of harbor seals near the 
construction areas; and (2) scientific rigor that will allow NMFS to 
verify that any impacts on marine mammal populations from this specific 
activity are small in number and negligible.

Reporting

    Venoco will provide monthly reports to the Southwest Regional 
Administrator, NMFS, including a summary of the previous month's 
monitoring activities and an estimate of the number of harbor seals 
that may have been harassed as a result of repair activities. These 
reports will provide dates, time, tidal height, weather, number of 
harbor seals seen (including sex and age class if possible), and any 
observed disturbances. A description of the repair activities at the 
time of observation will also be provided.
    The final monitoring report is due within 90 days of completion of 
the activity. This report will contain a description of the methods, 
results, and interpretation of all monitoring tasks.

Endangered Species Act (ESA) Consultation

    This proposed authorization would not allow the take of any species 
listed as endangered or threatened under the ESA.

Preliminary Conclusions

    NMFS has preliminarily determined that the impact of conducting 
repair activities at the Carpinteria Oil and Gas Processing Facility in 
Carpinteria, CA will have a negligible impact on Pacific harbor seals 
in California. While behavioral modifications may be made by this 
species to avoid the resultant noise and activities, the avoidance of 
the area is not reasonably expected to, and is not reasonably likely 
to, adversely affect the annual rates of recruitment or survival of the 
stock.
    The number of potential harassment takings is estimated to be 
small. In addition, no take by injury and/or death is anticipated, and 
the potential for such taking will be avoided through the incorporation 
of the mitigation measures mentioned in this document. Haul-out sites, 
rookeries, mating grounds, areas of concentrated feeding, and other 
areas of special significance for harbor seals within or near the 
planned area of operations will be avoided in order to avoid any 
potential impacts.

Proposed Authorization

    NMFS proposes to issue an IHA for repair activities at the 
Carpinteria Oil and Gas Processing Facility in Carpinteria, CA from 
November 1, 2001 until November 1, 2002, provided the mitigation and 
monitoring plan proposed by the City and the reporting requirements 
defined by NMFS are implemented successfully. NMFS has preliminarily 
determined that the proposed activity would result in the harassment of 
only small numbers of Pacific harbor seals and would have a negligible 
impact on these marine mammal stocks.

Information Solicited

    NMFS requests interested persons to submit comments, and 
information, concerning this request Donna Wieting, Marine Mammal 
Conservation Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910-3225.


[[Page 47455]]


    Dated: September 5, 2001.
Ann D. Terbush,
Acting Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 01-22931 Filed 9-11-01; 8:45 am]
BILLING CODE 3510-22-S