[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70249-70252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26636]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[I.D. 102204A]


Incidental Take of Marine Mammals Incidental to Specified 
Activities; Taking of California Sea Lions, Pacific Harbor Seals and 
Northern Elephant Seals Incidental to Research Surveys at San Nicolas 
Island, Ventura 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 renewal; request for comments.

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SUMMARY: NMFS has received a request from Glenn R. VanBlaricom for a 
renewal of his Incidental Harassment Authorization (IHA) to take small 
numbers of marine mammals, by harassment, incidental to the assessment 
of black abalone populations at San Nicolas Island (SNI), CA. Under the 
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to renew this IHA for 1 year.

DATES: Comments and information must be received no later than January 
3, 2005.

ADDRESSES: You may submit comments on the application and proposed 
authorization, using the identifier 102204A, by any of the following 
methods:
     E-mail: [email protected] - you must include the 
identifier 102204A 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.

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 expedited 
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 August 31, 2004, NMFS received a letter from Glenn R. 
VanBlaricom, Ph.D., Washington Cooperative Fish and Wildlife Research 
Unit, requesting renewal of an IHA that was first issued to him on 
September 23, 2003 (68 FR 57427, October 3, 2003) for the possible 
harassment of small numbers of California sea lions (Zalophus 
californianus), Pacific harbor seals (Phoca vitulina), and northern 
elephant seals (Mirounga angustirostris) incidental to research surveys 
performed for the purpose of assessing trends over time in black 
abalone populations at permanent study sites.
    Population trend data for black abalone populations are important 
and needed for several reasons. First, the reintroduction of sea otters 
to SNI since 1987 raises the possibility of conflict between sea otter 
conservation and abalone populations because abalones are often 
significant prey for sea otters. Second, the appearance of a novel 
exotic disease, abalone withering syndrome, at SNI in 1992 has resulted 
in dramatically increased rates of abalone mortality at the island. 
Third, the combined effects of sea otter predation and abalone 
withering syndrome, following several decades during which black 
abalones may have been over-harvested in commercial and recreational 
fisheries, may cause reduction of black abalone populations to the 
point where risk of extinction increases. In light of these factors 
NMFS considers California populations of black abalone a species of 
concern. Long-term abalone population trend data from SNI is needed to 
determine if drastic population declines continue and if extinction 
risk becomes high.

Project Description

    Nine permanent research study areas are located in rocky intertidal 
habitats on SNI in Ventura County, CA. To date, the applicant has made 
97 separate field trips to SNI from September 1979 through March 2004, 
participating in abalone survey work on 514 different days at nine 
permanent study sites. Quantitative abalone surveys on SNI began in 
1981, at which point permanent research sites were chosen based on the 
presence of dense patches of abalone in order to monitor changes over 
time in dense abalone aggregations. Research is conducted by counting 
black abalone in plots of 1 m2 along permanent transect lines in rocky 
intertidal habitats at each of the nine study sites on the island. 
Permanent transect lines are demarcated by stainless steel eyebolts 
embedded in the rock substrata and secured with marine epoxy compound. 
Lines are placed temporarily between bolts during surveys and are 
removed once surveys

[[Page 70250]]

are completed. Survey work is done by two field biologists working on 
foot; therefore, monitoring of black abalone populations at SNI can be 
done only during periods of extreme low tides. The exact date of a 
visit to any given site is difficult to predict because variation in 
surf height and sea conditions can influence the safety of field 
biologists as well as the quality of data collected. In most years 
survey work is done during the months of January, February, March, 
July, November, and December because of optimal availability of low 
tides. All work is done only during daylight hours because of safety 
considerations.
    Research is expected to extend over a period of 3 years, from 2005 
through 2007, with additional work in future years remaining a 
possibility pending funding and staff. Surveys of abalones will be 
conducted each year during this 3-year period. During each survey year, 
each of the nine permanent study sites at SNI will be visited twice. 
Each visit to a given study site lasts for a maximum of 4 hours, after 
which the site is vacated.
    The implicated marine mammal populations at SNI, especially 
California sea lions and northern elephant seals, have grown 
substantially since the beginning of abalone research in 1979 and have 
occupied an expanded distribution on the island due to population 
growth. Sites previously accessible with no risk of marine mammal 
harassment are now being utilized by marine mammals at levels such that 
approach without the possibility of harassment is difficult. Of the 
nine study sites used for the abalone surveys, only two sites can be 
occupied without the possibility of disturbing at least one species of 
pinniped; therefore, an IHA is warranted.

Description of Habitat and Marine Mammals Affected by the Activity

    Many of the beaches in the Channel Islands provide resting, molting 
or breeding places for species of pinnipeds. On SNI, three pinniped 
species (northern elephant seal, Pacific harbor seal, and California 
sea lion) can be expected to occur on land in the vicinity of abalone 
research sites either regularly or in large numbers during certain 
times of the year. In addition, a single adult male Guadalupe fur seal 
(Arctocephalus townsendi) was seen at one abalone research site on two 
occasions during the summer months in the mid-1980's; however, there 
have been no sightings of this species on the island since then. 
Further information on the biology and distribution of these species 
and others in the region can be found in Dr. VanBlaricom's application, 
which is available upon request (see ADDRESSES), and the Marine Mammal 
Stock Assessment Reports, which are available online at http://www.nmfs.noaa.gov/prot_res/PR2/Stock--Assessment--Program/individual--
sars.html.

Marine Mammal Impacts

    The applicant requests renewal of the IHA issued to him for 
incidental takes, by Level B harassment only, of California sea lions, 
Pacific harbor seals, and northern elephant seals. The applicant has 
planned for additional fieldwork beginning in early January, 2005, 
through December, 2005. Sites occupied by Guadalupe fur seals will be 
vacated without taking by harassment; therefore authorization for 
taking of Guadalupe fur seals by harassment is not requested.
    Variable numbers of sea lions, harbor seals, and elephant seals 
typically haul out near seven of the nine study sites used for abalone 
research, with breeding activity occurring at four of these seven 
sites. Pinnipeds likely to be affected by abalone research activity are 
those that are hauled out on land at or near study sites. For the 
previous IHA, the applicant estimated that pinnipeds typically haul out 
near six of the nine study sites, with breeding activity occurring at 
five of these six sites. However, during field work in 2003 and 2004, 
it became apparent that non-breeding California sea lions had begun to 
haul out regularly at an additional abalone study site, and that sea 
lions and elephant seals hauled out at one of the study sites are non-
breeding animals; therefore, it has become evident that seven of the 
nine study sites are used by pinnipeds for hauling out, with breeding 
activity occurring at four of these seven sites.
    Incidental harassment may result if hauled animals move to increase 
their distance from persons involved in abalone surveys. Although 
marine mammals will not be deliberately approached by abalone survey 
personnel, approach may be unavoidable if pinnipeds are hauled out 
directly upon the permanent abalone study plots. In almost all cases, 
shoreline habitats near the abalone study sites are gently sloping 
sandy beaches or horizontal sandstone platforms with unimpeded and non-
hazardous access to the water. If disturbed, hauled animals may move 
toward the water without risk of encountering significant hazards. In 
these circumstances, the risk of serious injury or death to hauled 
animals is very low.
    One exception to the low risk of marine mammal injury or mortality 
associated with abalone research would be if disturbances occur during 
breeding season, as it is possible that mothers and dependent pups may 
become separated. If separated pairs don't reunite fairly quickly, 
risks of mortality to pups may increase. Also, adult northern elephant 
seals may trample elephant seal pups if disturbed. Trampling increases 
the risk of injury or death to the pups.
    However, because of mitigation measures proposed, the applicant 
expects that only Level B incidental harassment may occur associated 
with the proposed continuation of black abalone research at SNI and 
that this research will result in no detectable impact on these marine 
mammal species or stocks or on their habitats. There is no anticipated 
impact of the research activity on the availability of the species or 
stocks for subsistence uses because there is no subsistence harvest of 
marine mammals in California.
    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.
    California sea lions primarily use the central California area to 
feed during the non-breeding season. Breeding areas of the sea lion are 
on islands located in southern California, western Baja California, and 
the Gulf of California. Population estimates for the U.S. stock of 
California sea lions (extending from the U.S./Mexico border north into 
Canada) range from a minimum of 138,881 to 237,000 animals, with a 
current growth rate of 5.4 to 6.1 percent per year (Carretta et al. 
2003).
    Northern elephant seals breed and give birth in California (U.S.) 
and Baja California (Mexico) primarily on offshore islands (Stewart et 
al 1994). Based on trends in pup counts, northern elephant seal 
colonies appear to be

[[Page 70251]]

increasing in California through 2001. The population size of northern 
elephant seals in California is estimated to be 101,000 animals, with a 
minimum population estimate of 60,547 (Carretta et al. 2002).
    The distribution of pinnipeds hauled out on beaches is not even. 
The number of marine mammals disturbed will vary by month and location, 
and, compared to animals hauled out on the beach farther away from 
survey activity, only those animals hauled out closest to the actual 
survey transect plots contained within each research site are likely to 
be disturbed by the presence of researchers and alter their behavior or 
attempt to move out of the way. Based on past observations made by the 
applicant in 2003 and 2004, assuming a maximum level of incidental 
harassment of marine mammals at each site during periods of visitation, 
the applicant estimates that maximum total possible numbers of 
individuals that may be incidentally harassed (resulting from one 
complete cycle of visits to the nine study sites) would be 1600 
California sea lions, 75 Pacific harbor seals, and 445 northern 
elephant seals. Two visit cycles are anticipated during the year-long 
validity of the IHA. As noted earlier, any site occupied by Guadalupe 
fur seals will be vacated immediately and no taking of this species 
will occur.

Mitigation

    Several mitigation measures to reduce the potential for harassment 
from population assessment research surveys will be implemented as part 
of the SNI abalone research activities. Primarily, mitigation of the 
risk of disturbance to pinnipeds simply requires that researchers are 
judicious in the route of approach to abalone study sites, avoiding 
close contact with pinnipeds hauled out on shore. In no case will 
marine mammals be deliberately approached by abalone survey personnel, 
and in all cases every possible measure will be taken to select a 
pathway of approach to study sites that minimizes the number of marine 
mammals harassed. Each visit to a given study site will last for a 
maximum of 4 hours, after which the site is vacated and can be re-
occupied by any hauled marine mammals that may have been disturbed by 
the presence of abalone researchers.
    The potential risk of injury or mortality will be mitigated with 
measures required under the proposed authorization. Disturbances to 
females with dependent pups (in the cases of California sea lions and 
Pacific harbor seals) can be mitigated to the greatest extent 
practicable by avoiding visits to the four black abalone study sites 
with resident pinnipeds during periods of breeding and lactation from 
mid-February through the end of October. The previous authorization 
required the applicant to avoid conducting survey research at certain 
study sites that may have breeding and/or lactating pinnipeds during 
the period from February through October. However, during field work in 
early 2004 it became evident that pupping by harbor seals at these 
sites does not begin until the latter half of February. Therefore, for 
the current proposed authorization this period would be shortened to 
exclude the first half of February. During this period, abalone 
research would be confined to the other five sites where pinniped 
breeding and post-partum nursing does not occur. Limiting visits to the 
four breeding and lactation sites to periods when these activities do 
not occur (November, December, January, and the first half of February) 
will reduce the possibility of incidental harassment and reduce the 
potential for serious injury or mortality of dependent California sea 
lion pups and Pacific harbor seal pups to near zero.
    Northern elephant seal pups are present at four sites during winter 
months. Risks of trampling of elephant seal pups by adults are limited 
to the period from January through March when pups are born, nursed, 
and weaned, ending about 30 days post-weaning when pups depart land for 
foraging areas at sea. However, elephant seals have a much higher 
tolerance of nearby human activity than sea lions or harbor seals. 
Possible takes of northern elephant seal pups will be minimized by 
avoiding the proximity of hauled seals and any seal pups during 
approach to the study sites and during collection of abalone population 
data. Thus, all study sites can be occupied by researchers at any time 
of the year without disturbing elephant seals.
    One individual Guadalupe fur seal was seen at study site 8 on two 
separate occasions during the summer months in the mid-1980's. No 
individuals of this species have been seen during abalone research work 
since then. Thus, limitation of research visits to site 8 to the period 
November through January eliminates the potential for taking of 
Guadalupe fur seals by harassment. Guadalupe fur seals are distinctive 
in appearance and behavior, and can be readily identified at a distance 
without any disturbance. Harassment, injury, or mortality of Guadalupe 
fur seals will be prevented by immediately suspending research work and 
vacating any study area in which this species is seen. Therefore, an 
authorization for the taking of Guadalupe fur seals by harassment is 
neither required nor requested. Sea otters are not expected ashore 
during the time periods when the research activities would be 
conducted. However, if sea otters are sighted ashore during the abalone 
research, Dr. VanBlaricom would follow similar procedures in place for 
other listed species. Research activities will be suspended upon any 
areas that California sea otters are occupying.

Monitoring

    Currently, all biological research activities at SNI are subject to 
approval and regulation by the Environmental Planning and Management 
Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely 
regulates all civilian access to and activity on the island, including 
biological research. Therefore, monitoring activities will be closely 
coordinated with Navy marine mammal biologists located on SNI.
    In addition, status and trends of pinniped aggregations at SNI are 
monitored by the NMFS Southwest Fisheries Science Center. Also, long-
term studies of pinniped population dynamics, migratory and foraging 
behavior, and foraging ecology at SNI are conducted by staff at Hubbs-
Sea World Research Institute (HSWRI).
    Monitoring requirements in relation to Dr. VanBlaricom's abalone 
research surveys will include observations made by the applicant and 
his associates. Observations of unusual behaviors, numbers, or 
distributions of pinnipeds on SNI will be reported to EPMD, NMFS, and 
HSWRI so that any potential follow-up observations can be conducted by 
the appropriate personnel. In addition, observations of tag-bearing 
pinniped carcasses as well as any rare or unusual species of marine 
mammals will be reported to EPMD, allowing transmittal of this 
information to appropriate agencies and personnel.

Reporting

    A draft final report must be submitted to NMFS within 60 days after 
the conclusion of the year-long field season. A 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 final report will be considered to be the 
final report.

Endangered Species Act (ESA)

    NMFS has preliminarily determined that the proposed action will 
have no effect on any ESA listed species or critical habitat.

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National Environmental Policy Act (NEPA)

    In accordance with section 6.03 of the NOAA Administrative Order 
216-6 (Environmental Review Procedures for Implementing NEPA, May 20, 
1999), NMFS has preliminarily determined that the proposed issuance of 
this IHA to Dr. VanBlaricom by NMFS meets the definition of a 
``Categorical Exclusion'' and is exempted from further environmental 
review. NMFS will continue to review the action to include 
consideration of any comments either on this preliminary determination 
or on the issuance of the IHA.

Preliminary Conclusions

    NMFS has preliminarily determined that the short-term impact of 
abalone research, as described in this document and in the application 
for an IHA, should result, at worst, in the temporary modification in 
behavior by California sea lions, Pacific harbor seals and northern 
elephant seals. The effects of abalone research surveys on SNI are 
expected to be limited to short term and localized changes in behavior 
involving relatively small numbers of pinnipeds. While behavioral 
modifications, including temporarily vacating onshore haulouts, may be 
made by these species to avoid the presence and nearness of abalone 
researchers, this action is expected to have a negligible impact on the 
animals. In addition, no take by injury 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 Dr. Glenn R. VanBlaricom for the 
potential harassment of small numbers of Pacific harbor seals, 
California sea lions and northern elephant seals incidental to abalone 
population trend research, 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, 
California sea lions and northern elephant seals and will 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: November 29, 2004.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 04-26636 Filed 12-2-04; 8:45 am]
BILLING CODE 3510-22-S