[Federal Register Volume 69, Number 161 (Friday, August 20, 2004)]
[Notices]
[Pages 51632-51636]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19054]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 081004A]


Incidental Take of Marine Mammals Incidental to Specified 
Activities; Taking of Harbor Seals Incidental to Wall Replacement and 
Bluff Improvement Projects at La Jolla, San Diego County, CA

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

ACTION:  Notice of receipt of application and proposed incidental 
harassment authorization; request for comments.

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SUMMARY: NMFS has received an application from the City of San Diego, 
CA to take small numbers of marine mammals, by harassment, incidental 
to wall replacement and bluff improvement projects at La Jolla, CA. 
Under the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an incidental harassment 
authorization to the City of San Diego, for 1 year.

DATES: Comments and information must be received no later than 
September 20, 2004.

ADDRESSES: You may submit comments on the application and proposed 
authorization, using the identifier 081004A, by any of the following 
methods:
     E-mail: [email protected] - you must include the 
identifier 081004A in the subject line of the message. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.
     Hand-delivery or mailing of paper, disk, or CD-ROM 
comments: Stephen L. Leathery, Chief, Permits, Conservation and 
Education Division, Office of Protected Resources, National Marine 
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225.
    To help us process and review your comments more efficiently, 
please use only one method. A copy of the application containing a list 
of references used in this document may be obtained by writing to the 
address above or by telephoning the contacts listed under FOR FURTHER 
INFORMATION CONTACT.

[[Page 51633]]


FOR FURTHER INFORMATION CONTACT: Sarah Hagedorn, NMFS, (301) 713-2322 
or Monica DeAngelis, NMFS Southwest Region, (562) 980-3232.

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 (Secretary) 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 the Secretary finds that the total 
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 that the permissible 
methods of taking and requirements pertaining to the monitoring and 
reporting of such taking 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 MMPA established an expidited 
process by which citizens of the United States can apply for an 
authorization to incidentally take small numbers of marine mammals by 
harassment. Except for certain categories of actions not pertinent 
here, the 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].

Summary of Request

    On May 27, 2004, NMFS received an application from the City of San 
Diego requesting an IHA for the possible harassment of small numbers of 
Pacific harbor seals (Phoca vitulina) incidental to cove wall 
replacement and bluff improvement projects at La Jolla, CA. The purpose 
of this bluff improvement project is to protect public access along the 
coast and to maintain public rights-of-way that have been adversely 
affected by coastal erosion, in a safe and publicly accessible 
condition. Bluff improvement measures address ongoing marine and 
subaerial erosion in six study sites, along with the removal of an 
aging wall above La Jolla Cove. Improvement measures are limited to 
remediation of only the upper portion of the bluff, allowing natural 
marine processes to continue unabated. Mitigation of marine erosion 
associated with splash and spray on the upper sloping portion of the 
coastal bluff will be limited to re-vegetation, primarily hydroseeding, 
and some limited container plants, along with a combination of both 
setting back and deepening the seaward edge of reconstructed sidewalks 
to provide some structural stiffness and increased stability, as both 
marine and sub-aerial processes continue to encroach upon bluff-top 
improvements. Key objectives of the site improvements are to protect 
lateral public access along the coast, increase public safety, minimize 
disturbance of the marine environment and its inhabitants, minimize 
disruption of public recreation and scenic vista opportunities, avoid 
disruption of public access to coastal areas, minimize visual impacts 
by re-vegetating manufactured slopes with native vegetation, avoid 
changes in runoff patterns, maintain pedestrian and vehicular travel 
around the construction sites, and avoid the use of rip rap. This 
activity does not include improvements to Children's Pool itself.

Measurement of Airborne Sound Levels

    The following section is provided to facilitate an understanding of 
airborne and impulsive noise characteristics. Amplitude is a measure of 
the pressure of a sound wave that is usually expressed on a logarithmic 
scale with units of sound level or intensity called the decibel (dB). 
Sound pressure level (SPL) is described in units of dB re micro-Pascal 
(micro-Pa\2\, or microPa); for energy, the sound exposure level (SEL), 
a measure of the cumulative energy in a noise event, is described in 
terms of dB re micro-Pa\2\ -second; and frequency, often referred to as 
pitch, is described in units of cycles per second or Hertz (Hz). In 
other words, SEL is the squared instantaneous sound pressure over a 
specified time interval, where the sound pressure is averaged over 5 
percent to 95 percent of the duration of the sound.
    For airborne noise measurements the convention is to use 20 micro-
Pa as the reference pressure, which is 26 dB above the underwater sound 
pressure reference of 1 micro-Pa and is the approximate threshold of 
human hearing. However, the conversion from air to water intensities is 
more involved than this and is beyond the scope of this document. NMFS 
recommends interested readers review NOAA's tutorial on this issue: 
http://www.pmel.noaa.gov/vents/acoustics/tutorial/tutorial.html.
    Airborne sounds are also often expressed as broadband A-weighted 
(dBA) or C-weighted (dBC) sound levels. When frequency levels are made 
to correspond to human hearing, they are referred to as being A-
weighted or A-filtered. With A-weighting, sound energy at frequencies 
below 1 kHz and above 6 kHz are de-emphasized and approximates the 
human ear's response to sounds below 55 dB. C-weighting is often used 
in the analysis of high-amplitude noises like explosions, and 
corresponds to the relative response to the human ear to sound levels 
above 85 dB. C-weighting de-emphasizes ear frequency components of less 
than about 50 Hz. C-weight scaling is also useful for analyses of 
sounds having predominantly low-frequency sounds, such as sonic booms. 
For continuous noise like rocket launches, the important variables 
relevant to assessing auditory impacts or behavioral responses are 
intensity, frequency spectrum, and duration. In this document, whenever 
possible sound levels have been provided with A-weighting.

Project Description

    The Children's Pool area at La Jolla, including Children's Pool 
Beach and Seal Rock, is a year-round haulout and rookery for harbor 
seals. Four of the six construction sites are close to where harbor 
seals may be hauled out, and therefore may result in the incidental 
harassment of harbor seals. All construction activities will begin no 
earlier than July 2004, and will end no later than January 1, 2005. 
Construction can occur on any site on weekdays between the hours of 
8:30 am and 3:30 pm except on national holidays. Demolition and 
construction may take place simultaneously at all four sites. The 
duration of construction at any one of these four sites will be limited 
to six working days total. Demolition of each site is scheduled to last 
one day. Equipment required for demolition will include hand tools, 
backhoes, power saws, and pavement breakers and/or jackhammers. No 
explosives will be used during demolition. The City of San Diego 
estimates that the maximum received sound exposure level 100 ft (30.5 
m) from demolition activities is approximately 90 dBA (re 20 micro-Pa2 
-sec). The equipment involved in these activities will include a 
concrete mixer, power auger, and hand tools. The maximum received sound 
exposure level at 100 ft (30.5 m) from construction activities is 
estimated to be about 81 dBA (re 20 micro-Pa\2\ -sec).

[[Page 51634]]

 The entire Cove Wall Replacement and Bluff Improvement Project is 
expected to take 6 weeks or less. Summaries of the proposed 
improvements at each of the 4 sites that have a potential to harass 
harbor seals follows.

Site 55D

    This site is located on the 700 block of Coast Boulevard, southeast 
of Children's Pool Beach. At this site, the existing post-and-board 
wall located on the slope will be removed. The area eroded by the 
abandoned storm drain will be filled with a reinforced geometric grid 
at a 1.5:1 slope. The proposed fill of approximately 20 cubic yds (15.3 
cubic m) will extend approximately 14 ft (4.3 m) seaward of the 
existing corrugated metal pipe outlet, and the toe of the fill will 
terminate approximately 5 ft (1.5 m) from the edge of the sea cliff. 
The manufactured slope area will be landscaped with primarily native, 
erosion control, low water use plants suited to a coastal marine 
environment.

Site 55F

    This site is also located on the 700 block of Coast Boulevard, 
southeast of Children's Pool Beach. The existing 10 ft-wide (3 m) 
sidewalk will be removed and a new 10 ft-wide (3 m) sidewalk will be 
constructed a minimum of 8 ft (2.4 m) from the top of the existing 
slope. The new sidewalk will have a deepened structural edge 5 ft (1.5 
m) in thickness to provide the structural capacity to span the rubble-
filled sea cave below. To minimize runoff, the curb will be installed 
and the sidewalk will be cross-sloped 1.5% toward the street and away 
from the bluff top. The existing wood posts and metal rails will be 
removed and new wood posts and metal rails will be located at the outer 
edge of the relocated sidewalk. The face of the existing vertical slope 
will be trimmed back somewhat to improve surficial stability and assist 
in the establishment of a vegetative cover. The exposed slope area will 
be landscaped with primarily native, erosion control, low water use 
plants suited to a coastal marine environment.

Site 57E

    This site is located on the 800 block of Coast Boulevard, southwest 
of Jenner Street, adjacent to Seal Rock. The existing 5 ft-wide (1.5 m) 
sidewalk will be removed and a new 5 ft-wide (1.5 m) sidewalk with a 
deepened structural edge 5 ft (1.5 m) in thickness will be constructed. 
The existing wood posts and wood rails will be removed and new wood 
posts and wood rails will be located at the outer edge of the 
reconstructed sidewalk. The exposed slope areas will be landscaped with 
primarily native, erosion control, low water use plants suited to a 
coastal marine environment.

Site 58A

    Site 58A is located on the 900 block of Coast Boulevard, southwest 
of Ocean Street. The existing 10 ft-wide (3 m) sidewalk will be removed 
and a new 10 ft-wide (3 m) sidewalk with a deepened structural edge 5 
ft (1.5 m) in thickness will be constructed. The existing wood posts 
and wood rails will be removed and new wood posts and wood rails will 
be located at the outer edge of the reconstructed sidewalk. The exposed 
slope areas will be landscaped with primarily native, erosion control, 
low water use plants suited to a coastal marine environment.

Description of Habitat and Marine Mammals Affected by the Activity

    The marine mammal species known to be present in the Children's 
Pool area is the harbor seal (Phoca vitulina). Harbor seals are widely 
distributed in the North Atlantic and North Pacific. In California, 
approximately 400-500 harbor seal haul-out sites are distributed along 
the mainland and on offshore islands, including intertidal sandbars, 
rocky shores and beaches (Hanan 1996).
    In California, the population growth rate of harbor seals appears 
to be slowing, but remains positive. A complete count of all harbor 
seals in California is impossible because some are always away from the 
haul-out sites. A complete pup count (as is done for other pinnipeds in 
California) is also not possible because harbor seals are precocious, 
with pups entering the water almost immediately after birth. The 
estimated population of harbor seals in California is 27,863 (NOAA 
Draft Stock Assesment Report, 2003), with an estimated minimum 
population of 25,720 for the California stock of harbor seals.
    Recent population counts show that the harbor seal population in La 
Jolla is stable at approximately 150-200 seals. The most important 
birth month for this population is March (NOAA). In general, the 
pupping season occurs between early February to May, however some pups 
are born as early as late January. In 2001, 17 pups were born between 
February 12 and April 15; in 2002, 13 pups were born between February 2 
and April 27; and in 2003, 16 pups were born between January 24 and 
April 2. In 2004, 26 pups were born between the end of January and the 
end of April, however only 20 of the 26 pups survived.
    Additional information on harbor seals found in Central California 
waters can be found in Marine Mammal Stock Assessment Reports, which is 
available online at http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/sars.html.

Marine Mammal Impacts

    The applicant requests authorization for incidental taking, by 
Level B harassment only, of Pacific harbor seals. Level B Harassment 
may occur if hauled animals flush the haulout and/or move to increase 
their distance from construction-related activities, such as the 
presence of workers, noise, and vehicles. Short term impacts that could 
occur include possible temporary reduction in utilization of the beach 
or Seal Rock at Children's Pool. These short term impacts may result in 
a temporary reduced number of seals using the haul out sites during, 
and potentially past, the hours of construction. However, this area has 
become a tourist spot for viewing harbor seals, and the current 
population of seals utilizing the Children's Pool area is accustomed to 
human activities and regular noise levels from people and traffic along 
Coast Boulevard. Therefore, potential impacts from the project are 
expected to be minimal to none. The permanent abandonment of the 
Children's Pool area is also not anticipated because harbor seals have 
habituated to traffic noise. Depending on the disturbance, they may 
return to the haul-out site immediately, stay in the water for a length 
of time and then return to the haul-out, or temporarily haul-out at 
another site (NOAA, 1996).
    Recent studies (Lawson et al., 2002, and NAWS, 2002) show that 
Level B harassment, as evidenced by beach flushing, will sometimes 
occur upon exposure to launch sounds with sound exposure levels of 100 
dBA (re 20 micro-Pa\2\ -sec) or higher for California sea lions and 
northern elephant seals, and 90 dBA (re 20 micro-Pa\2\ -sec) or higher 
for harbor seals. Therefore, it is expected that most received noise 
levels at the harbor seal haulouts will be below levels that are likely 
to cause disturbance. However, to date that remains unknown. As stated 
earlier, the maximum received levels at 100 ft away (30.5 m) from 
demolition and construction activities are expected to be about 90 dBA 
and 81 dBA, respectively. Sites 55D and 55F are closest to Children's 
Pool Beach. These sites are approximately 250 ft (76.2 m) from the 
beach haulout area used by the harbor seals. At that distance there 
should be little to no impact on the

[[Page 51635]]

seals. Sites 57E and 58A are closer to Seal Rock. 58A is almost 400 ft 
(122 m) from Seal Rock, and is not expected to cause any harassment of 
the seals hauled out on Seal Rock. 57E is the closest of the four to 
any of the haulout areas. This site is approximately 170 ft (51.8 m) 
from Seal Rock (dependant on tide), and about 350 ft (106.7 m) from 
Children's Pool Beach. At this distance, construction noise will have 
attenuated to low levels. However, special attention will be given to 
this site during construction and monitoring (see MONITORING).
    Demolition of sidewalks at the top of the bluff slopes and 
excavation for the new sidewalks may result in some downhill movement 
of debris. Just prior to the construction necessitating its use, a 
debris fence will be installed parallel to and just below the bluff 
edge and held in place with stakes driven by hand using a large hammer. 
The expected debris would be soil or small pieces of concrete that 
could be removed by hand or shovel. Noise levels for installing the 
fence and removing debris trapped in it will be low and unlikely to 
harass harbor seals. The proximity of the sites will not enable debris 
to fall onto Seal Rock or the beach where the seals haul out.
    Potential incidental harassment resulting from bluff stabilization 
construction may occur in all age classes and sexes of harbor seals 
present in the Children's Pool area. The number of harbor seals at 
Children's Pool Beach and Seal Rock varies throughout the year. For the 
population of seals occupying Children's Pool, the numbers of seals 
that haul out vary with season, tide, and time of day (Hubbs-SeaWorld 
Research Institute 1995-1997). More haulout area is available to be 
occupied during low tide. However, sometimes those animals that are on 
land will move higher up the beach to avoid the approaching tide and 
thus do not necessarily leave the haulout area. For the La Jolla area 
in general, a greater number of animals were seen hauled out in late 
afternoon or evening, regardless of the tide. In general, there is a 
decrease in counts in late summer through winter in La Jolla. The 
largest numbers of seals are seen during the molting/breeding season. 
Also, the number of seals hauled-out generally decreased during the 
first few calm days after a storm.
    Peak numbers of harbor seal counts for the La Jolla area in general 
were 166 in June, 1996 and 172 in July, 1997 (H-SWRI, 1995-1997). These 
numbers were recorded at the peak of the breeding season, the typical 
time of maximum haulout. As stated earlier, the population in La Jolla 
is stable at approximately 150-200 seals. Population trends from 1999 
revealed that the largest counts of seals hauled out on the beach were 
between January to May, with a peak in counts in June at Seal Rock. The 
maximum number of harbor seals using the Children's Pool haulout areas 
at one time can vary between 62 and 172 (H-SWRI, 1995-1997). Therefore, 
the maximum number that could be impacted would be 172. There is no 
anticipated impact from construction activities on the availability of 
the species or stocks for subsistence uses because there is no 
subsistence harvest of marine mammals in California.
    Although the seals in the area have become accustomed to the 
presence of tourists viewing the haulout site, the addition of 
construction workers, construction equipment (in particular the sudden 
noise of a jackhammer or power saw), and other project related 
activities could result in a temporary startle response when harbor 
seals may flush into the water. However, the likelihood of this 
occurring is very low, and with the implementation of mitigation 
measures, disturbance from construction-related activities is expected 
to have only a short term negligible impact to a small number of harbor 
seals. Demolition and construction work is not expected to result in 
injury or mortality because the proposed work restrictions and 
mitigation measures will minimize construction-related disturbance. At 
a maximum, short-term impacts are expected to result in a temporary 
reduction in utilization of haulout sites while work is in progress or 
until seals acclimate to the disturbance, and will not likely result in 
any permanent reduction in the number of seals at Children's Pool or at 
Seal Rock. NMFS preliminarily agrees with the City of San Diego that 
effects will be limited to short-term and localized behavioral changes 
falling within the MMPA definition of Level B harassment.

Mitigation

    Several mitigation measures to reduce the potential for harassment 
from wall replacement and bluff improvement construction activities 
will be implemented under the proposed authorization. The primary 
mitigation measure is the minimization of days and times when 
construction can take place. Demolition will be limited to one day at 
each of the four sites, ensuring that the greatest possible noise 
levels will only occur for a short period of time. In addition, 
construction activities will not take place prior to 8:30 am and will 
not go beyond 3:30 pm. Harbor seals in this area are known to use 
haulout areas in greatest numbers in the afternoon. Since construction 
activities will be finished by 3:30 pm every day, this minimizes the 
number of harbor seals potentially disturbed. Disturbance to harbor 
seals has a more serious effect when seals are pupping or nursing, when 
aggregations are dense, and during the molting period. To ensure that 
construction activities are not overlapping with the pupping season, 
the contractor will coordinate with ``Friends of La Jolla Seals'' or 
Hubbs-SeaWorld Research Institute. Either of these organizations will 
confirm when the pupping season has come to an end, usually sometime in 
late June or early July 2004, after the last pup has been weaned. Once 
this is confirmed, construction activities may begin with the approval 
of NMFS. The pupping season for harbor seals begins in early February, 
however pregnant females are hauled out at Children's Pool in the weeks 
leading up to the pupping season, therefore all construction activity 
will be completed by the 1st of January, 2005. These proposed 
mitigation measures will reduce the potential for Level B incidental 
harassment takes and eliminate the potential for serious injury or 
mortality of Pacific harbor seals.
    As mentioned, demolition of sidewalks at the top of the bluff 
slopes and excavation for the new sidewalks may result in some downhill 
movement of debris. Just prior to the construction necessitating its 
use, a debris fence will be installed parallel to and just below the 
bluff edge and held in place with stakes driven by hand using a large 
hammer. This ensures that demolition will result in a minimal amount of 
debris on Seal Rock or the nearby beach.

Monitoring

    Harbor seal haulouts will be monitored periodically during 
construction activities. Monitoring will be conducted by a qualified 
biologist approved by NMFS. During all monitoring periods, the 
following information will be recorded: date, time, tidal height, 
maximum number of harbor seals hauled out, number of adults and sub-
adults, number of females and males (if possible), and any observed 
disturbances to the seals. During periods of construction, a 
description of construction activities will also take place.
    Prior to construction at each of the four sites, three full days of 
baseline monitoring will occur to assess harbor seal use of the 
haulouts before construction begins. Wall replacement and bluff 
stabilization activities will

[[Page 51636]]

begin with one day of demolition at each site. Monitoring at each site 
during demolition will start one hour before demolition begins, run all 
day, and will be completed no sooner than one hour after it ends.
    Results from the pre-construction baseline monitoring will 
determine if mid-day monitoring is necessary during the days of 
construction following demolition. If it is determined that it is 
necessary and/or beneficial, monitoring will take place at each site 
during every day of construction starting one hour before construction 
begins each day and finishing one hour after it ends each day. For 
sites 55D, 55F and 58A, if it is determined that mid-day monitoring is 
not necessary, 2 two-hour monitoring sessions will occur each day of 
construction following demolition. The first session will begin one 
hour before the start of construction and end one hour after the start 
of construction, and then begin again one hour before the end of 
construction and end one hour after construction has finished for the 
day. Site 57E is the closest work site to Seal Rock, about 170 feet 
(51.8 m) away. At this distance, much of the construction noise will 
have attenuated to low levels. However, NMFS believes careful 
monitoring of this site is still warranted. Despite results from 
baseline monitoring, monitoring will take place at site 57E during 
every day of construction starting one hour before construction begins 
each day and finishing no earlier than one hour after construction ends 
each day.
    Sound levels 100 feet (30.5 m) from each site will be recorded 
during all periods of monitoring. If at any time indications of a 
substantial disturbance to harbor seals resulting from construction 
activities are observed, and/or if sound levels are found to be above 
90 dBA at a distance of 100 feet (30.5 m) from construction at any of 
the sites, the applicant will contact NMFS to provide this information. 
It will then be determined if any further mitigation or monitoring 
measures are needed, such as the installation of sound barriers. 
However, at this time NMFS does not propose requiring sound barriers 
because sound levels appear to be low at most, if not all, sites to 
even cause Level B behavioral harassment.

Reporting

    A draft report will be submitted to NMFS Regional Administrator 
within 90 days after project completion. The final report must be 
submitted to the Regional Administrator within 30 days after receiving 
comments from NMFS on the draft final report. If no comments are 
received from NMFS, the draft report will be considered to be the final 
report.
    The City of San Diego is planning on sharing and comparing data 
collected as a result of these monitoring efforts with other interested 
parties, such as the Hubbs-Sea World Research Institute or Friends of 
La Jolla Seals. Monitoring work during this project may be conducted in 
collaboration with these groups as well.

Endangered Species Act (ESA)

    NMFS does not expect any species listed under the ESA to be 
affected by the planned construction activities. However, NMFS will 
continue to review this action and will decide on whether consultation 
under section 7 of the ESA on the issuance of an IHA under section 
101(a)(5)(D) of the MMPA is necessary prior to making a final decision.

National Environmental Policy Act (NEPA)

    On September 15, 2003, the City of San Diego completed an 
Environmental Impact Report (EIR) for the proposed La Jolla Cove Wall 
Replacement and Bluff Improvements Project. NMFS is reviewing this EIR 
and will either adopt it or prepare its own NEPA document before making 
a determination on the issuance of an IHA.

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impacts of 
wall replacement and bluff improvement activities, as described in this 
document and in the application for an IHA, should result in only the 
temporary modification in behavior by Pacific harbor seals. The City of 
San Diego believes the effects of demolition and construction are 
expected to be limited to short term and localized changes in behavior 
involving small numbers of pinnipeds. While behavioral modifications, 
including temporarily vacating onshore haulouts, may be made by the 
seals, this action is expected to have a negligible impact on the 
animals. In addition, no take by injury and/or death is anticipated, 
and harassment takes will be at the lowest level practicable due to 
incorporation of the mitigation measures mentioned previously in this 
document.

Proposed Authorization

    NMFS proposes to issue an IHA to the City of San Diego for the 
potential harassment of small numbers of Pacific harbor seals, 
incidental to wall replacement and bluff improvement, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated. NMFS has preliminarily determined that the proposed 
activity would result in the harassment of small numbers of Pacific 
harbor seals and will have no more than a negligible impact on this 
marine mammal stock.

Information Solicited

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

    Dated: August 13, 2004.
Laurie K. Allen,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 04-19054 Filed 8-19-04; 8:45 am]
BILLING CODE 3510-22-S