[Federal Register Volume 72, Number 144 (Friday, July 27, 2007)]
[Notices]
[Pages 41294-41298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-14584]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XB17


Taking of Marine Mammals Incidental to Specified Activities; 
Central California Seabird Research Operations

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

ACTION:  Notice of proposed authorization for an incidental take 
authorization; request for comments.

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SUMMARY:  NMFS has received a request from the PRBO Conservation 
Science (PRBO) for an authorization to take California sea lions, 
Pacific harbor seals, northern elephant seals and Steller sea lions, by 
harassment, incidental to central California seabird research 
operations on Southeast Farallon Island, Ano Nuevo Island, and Point 
Reyes National Seashore (NS). Under the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to issue an 
authorization to PRBO to incidentally take, by harassment, small 
numbers of these species of pinnipeds during the next 12 months.

DATES:  Comments and information must be received no later than August 
27, 2007.

ADDRESSES:  Comments on the application and draft Environmental 
Assessment (EA) should be addressed to P. Michael Payne, Chief, 
Permits, Conservation and Education Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910-3225, or by telephoning the contact listed 
here. The mailbox address for providing e-mail comments is [email protected]. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size. A copy of the application, 
NMFS' draft environmental assessment (EA), and other related documents 
may be obtained by writing to this address or by telephoning one of the 
contacts listed here (see FOR

[[Page 41295]]

FURTHER INFORMATION CONTACT) and is also available at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

FOR FURTHER INFORMATION CONTACT:  Shane Guan, NMFS, (301) 713-2289, ext 
137.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (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 and either regulations are issued or, if the taking 
is limited to harassment, notice of a proposed authorization is 
provided to the public for review.
    An authorization shall 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 mitigation, 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.''
    Section 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 with respect to certain activities 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].
    Section 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 December 15, 2006, PRBO submitted an application to NMFS 
requesting an Incidental Harassment Authorization (IHA) for the 
possible harassment of small numbers of California sea lions (Zalophus 
californianus), Pacific harbor seals (Phoca vitulina richardsi), 
northern elephant seals (Mirounga angustirostris), and Steller sea 
lions (Eumetopias jubatus) incidental to central
    California seabird research operations on Southeast Farallon 
Island, Ano Nuevo Island, and Point Reyes NS. A detailed description of 
the proposed activity is presented below:

Southeast Farallon Island

    The Southeast Farallon Island is located 28 miles (45 km) offshore 
of San Francisco, California (37[deg] 41'55''N, 123[deg] 00'10''W). 
Seabird research activities on the Southeast Farallon Island would 
involve observational and ``hands on'' ecological studies of breeding 
seabirds. Occasionally researchers may travel to coastal areas of the 
island to conduct observational seabird research where non breeding 
marine mammals are present. These sorts of tasks include viewing 
breeding seabirds from an observation blind or censusing shorebirds. 
This activity usually involves one or two observers. Access to the 
refuge involves landing in small, 14-18 ft (4.3 - 5.5 m) open 
motorboats which are hoisted onto the island using a derrick system.
    Research on the Southeast Farallon Island would be conducted year 
round. Most intertidal areas of the island, where pinnipeds are 
present, would be rarely visited in seabird research. Most potential 
for incidental take will occur at the island's 2 landings, North 
Landing and East Landing. These sites would be visited approximately 1 
- 3 times per day by researchers. In both locations researchers would 
not be approaching less than 50 ft (15 m) from any pinnipeds which may 
be hauled out. Most visits to these areas would be brief (approximately 
15 minutes), though seabird observers would be present from 2 - 5 hours 
daily at North Landing from early April early August to conduct 
observational studies on breeding Common Murres. Boat landings to re-
supply the field station, lasting 1 - 3 hours, would be conducted once 
every 2 weeks at one of the these locations. Activities involve 
launching of the boat with one operator, with 2 - 4 other researchers 
assisting with the operations from land. At East Landing, the primary 
landing site, all personnel assisting with the landing would stay on 
the loading platform 30 ft (9 m) above the water. At North Landing, 
loading operations would occur at the water level in the intertidal.

Ano Nuevo Island

    Ano Nuevo Island is located 0.25 mi (0.4 km) offshore of Ano Nuevo 
Point in San Mateo County, California (37[deg]06'N, 122[deg]20'W). All 
seabird research work on the Ano Nuevo Island would be in 
collaborations with Oikonos - Ecosystem Knowledge and through a 
collaborative agreement with the California State Parks. Procedures 
include accessing the island by a 12 ft (3.7 m) Zodiac boat. Non-
breeding pinnipeds may occasionally be present on the small beach in 
the center of the island where the boat would be landed. Sea lions may 
also occasionally be present near a small group of subterranean seabird 
nest boxes on the island terrace. There are usually 2 - 3 researchers 
involved in island visits.
    Research on the Ano Nuevo Island would be conducted once per week 
from April to August, and occasional intermittent visits would be made 
during the rest of the year. A component of the seabird research 
involves nesting habitat restoration and monitoring, which requires 
sporadic visits from September to November, between the seabird 
breeding season and the elephant seal pupping season. Most intertidal 
areas of the island where marine mammals are present will not be 
visited during seabird research, excepting the landing beach. Most 
likely, marine mammal incidental take would occur at this location as 
well as just north of this beach up on the island's terrace where a 
small number of seabird nest boxes are located. The landing beach would 
be visited upon arrival and departure during the weekly visit, and the 
nest boxes would be checked once on the day of visit. In both locations 
researchers would not approach less than 50 ft (15 m) away from any 
pinnipeds which may be hauled out. Landings and visits to nest boxes 
would be brief (approximately 15 minutes).

Point Reyes National Seashore

    Point Reyes NS is located 40 miles (64 km) north of San Francisco 
Bay, California. The National Park Service (NPS) conducts research, 
resource management and routine maintenance services at Point Reyes NS. 
Research along the seashore includes monitoring seabird breeding and 
roosting colonies. Seabird monitoring usually would involve one or two 
observers. Surveys

[[Page 41296]]

would be conducted in small, 14 - 22 ft (4.3 - 6.7 m) open motorboats 
that survey along the shoreline. These activities could result in the 
incidental harassment of pinnipeds. Additionally, NPS would also 
conduct habitat restoration of the seashore, which would include 
removal of non-native plants and restoration of coastal dune habitat. 
Non-native plant removal would be timed to avoid the breeding seasons 
of pinnipeds, however, on occasion non-breeding animals may be present 
at various beaches throughout the year.

Description of the Marine Mammals Potentially Affected by the Activity

    The marine mammals most likely to be found in the proposed seabird 
research areas are the California sea lions, Pacific harbor seals, 
Steller sea lions, and northern elephant seals. General information of 
these species can be found in Caretta et al. (2007), which is available 
at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2006.pdf. 
Refer to that document for information on these species. Additional 
information on these species is presented below.

Northern Elephant Seal

    The northern elephant breeding population is distributed from 
central Baja California, Mexico, to the Point Reyes Peninsula in 
northern California. Along this coastline there are 13 major breeding 
colonies. The northern elephant seal was exploited for its oil during 
the 18th and 19th centuries and by 1900 the population was reduced to 
20-30 individuals on Guadalupe Island (Hoelzel et al., 1993; Hoelzel, 
1999). As a result of this bottleneck the genetic diversity found in 
this species is extremely low (Hoelzel, 1999). The recent formation of 
most rookeries indicates that there is no genetic differentiation among 
populations. Although movement and genetic exchange occurs among 
colonies, most seals return to their natal site to breed (Huber et al., 
1991). Recolonization of their former breeding range progressed north 
from the San Benito and Guadalupe Islands off Baja California to the 
most recent northernmost breeding site at Point Reyes Headlands. In the 
last three decades, annual pup production has increased at the rate of 
9.43 + or -0.51 percent per year in California and 5.19 + or -0.33 
percent per year over the entire range (Barlow et al., 1993). A 
complete population count of elephant seals is not possible because all 
age classes are not ashore at the same time. Elephant seal population 
size is usually estimated by counting the number of pups produced and 
multiplying by the inverse of the expected ratio of pups to total 
animals (McCann, 1985). Stewart et al. (1994) used McCann's multiplier 
of 4.5 to extrapolate from 28,164 pups to a population estimate of 
127,000 elephant seals in the U.S. and Mexico in 1991. The multiplier 
of 4.5 was based on a stable population. Boveng (1988) and Barlow et 
al. (1993) argue that a multiplier of 3.5 is more appropriate for a 
rapidly growing population such as the California stock of elephant 
seals. Based on the estimated 28,450 pups born in California and this 
3.5 multiplier, the California stock was approximately 101,000 in 2001 
(Carretta et al., 2002). At Point Reyes, the population grew at 32.8 
percent per year between 1988 and 1997 (Sydeman and Allen, 1999) and 
around 10 percent per year since 2000 (S. Allen, unpubl. data), and in 
2006 around 700 pups were born at three primary breeding areas. The 
population on the Farallon Islands has declined by 3.4 percent per year 
since 1983, and in recent years numbers have fluctuated between 100 and 
200 pups (W. Sydeman, D. Lee, unpubl. data).
    Elephant seals congregate in central California to breed from late 
November to March. Females typically give birth to a single pup and 
attend the pup for up to 6 weeks. Breeding occurs after the pup is 
weaned by attending males. After breeding, seals migrate to the Gulf of 
Alaska or deeper waters in the eastern Pacific. Adult females and 
juveniles return to terrestrial colonies to molt in April and May, and 
males return in June and July to molt, remaining onshore for around 3 
weeks.

Pacific Harbor Seal

    Harbor seals are one of the most widely distributed northern 
hemisphere pinnipeds and are found in coastal, estuarine and some times 
fresh water of both the Atlantic Ocean and Pacific Oceans. There is 
considerable regional genetic differentiation between harbor seal 
populations as they are generally limited in migratory movements. Under 
the MMPA, six stocks of Pacific harbor seals are identified within the 
U.S. waters (Angliss and Lodge, 2004; Carretta et al., 2006). Only the 
California stock of harbor seal is found in the proposed project area, 
and its abundance is estimated to be 34,233 (Carretta et al., 2006). 
There is some question whether the San Francisco Bay population may be 
a separate stock based on genetic analyses (D. German, Sonoma State 
University, pers. com.). At Point Reyes, the harbor seal population is 
estimated to be 7,524 for the molt season based on a correction factor 
of 1.65 (Lowry et al., 2005; Manna et al., 2006).
    In central California, harbor seals breed annually from March 
through May and molt in June and July. Females give birth to a single 
pup and attend the pup for around 30 days, at which time they wean 
pups. Mating occurs in the water around the time of weaning. Harbor 
seals are resident year round at terrestrial colonies, however, 
juveniles may disperse to other colonies ranging up to 500 km (311 mi). 
Individual adult seals may also migrate widely from breeding colonies.

California Sea Lion

    California sea lions range from southern Mexico up to British 
Columbia and breed almost entirely on islands in southern California, 
Western Baja California and the Gulf of California. In recent years, 
California sea lions have begun to breed annually in small numbers at 
Ano Nuevo Island and South Farallon Island, California. One abandoned 
pup was found at Point Reyes NS at Wildcat Beach in 2003. This species 
is separated into three recognized stocks based on three geographic 
regions (U.S. stock, Western Baja stock, and the Gulf of California 
stock; Lowry et al. 1992). Some movement has been documented between 
these geographic stocks, but rookeries in the U.S. are widely separated 
from major rookeries of western Baja California, Mexico (Barlow et al., 
1995). The U.S. stock of California sea lion is the only stock present 
in the proposed research area. The California sea lion has the largest 
population of any sea lion species and is the only sea lion whose 
population is showing a healthy growth rate of 5 to 6.2 percent per 
annum. Annual incidental takes in fisheries is approximately 915 
individuals; however, the population is growing by 8.2 percent per year 
and fishing mortality is declining (Barlow et al., 1995). Current U.S. 
population estimates range from 237,000 to 244,000 (Carretta et al., 
2007).
    California sea lions give birth in May through July and breeding 
occurs in July and August. Females and pups are resident at breeding 
colonies year round and males migrate north to feeding areas from 
central California to British Columbia, Canada. During years of low 
food availability (e.g., El Nino Southern Oscillation, or ENSO), 
females and juveniles may also migrate north in search of prey; and in 
some particularly poor years (1997 - 1998), there can be mass mortality 
of pups at rookeries.
    On the Farallon Islands California sea lions haul out in many 
intertidal areas year round, fluctuating from several

[[Page 41297]]

hundred to several thousand animals. Breeding animals are concentrated 
in areas where researchers would not visit (PRBO, unpublished data).
    California sea lions at Point Reyes haul out at only a couple 
locations, but will occur on human structures such as boat ramps. The 
annual population averages around 300 - 500 during the fall through 
spring months, although on occasion, several thousand sea lions can 
arrive depending upon local prey resources (S. Allen, unpublished 
data).

Steller Sea Lion

    Steller sea lions breed from the Kuril Islands and Okhotsk Sea 
through the Aleutian Islands and the Gulf of Alaska, and south to 
central California (Merrick et al., 1987). Two separate stocks are 
recognized within U.S. waters: an eastern U.S. stock that includes 
animals east of Cape Suckling, Alaska (144[deg] W), and a western U.S. 
stock that includes animals' west of Cape Suckling. In 1990, the 
Steller sea lion was listed as a threatened species under the 
Endangered Species Act (ESA), and the western stock was listed as 
endangered in 1997.
    The eastern stock of Steller sea lions breeds on rookeries located 
in southeast Alaska, British Columbia, Oregon, and California 
(including the proposed research area). Steller sea lions give birth in 
May through July and breeding occurs a couple of weeks after birth. 
Non-reproductive animals congregate at a few haul out sites, including 
at Ano Nuevo and Point Reyes Headland. Pups are weaned during the 
winter and spring of the following year. On the Farallon and Ano Nuevo 
Islands, Steller sea lion breeding colonies are located in closed areas 
where researchers never visited, eliminating any risk of disturbing 
breeding animals.
    Count of pups on rookeries conducted near the end of the birthing 
season are nearly complete counts of pup production. Using the most 
recent 2005 pup counts available by region from aerial surveys across 
the range of the eastern stock, the total population of the eastern 
stock of Steller sea lions is estimated to be 47,885. This is based on 
multiplying the total number of pups counted in southeast Alaska 
(5,519), British Columbia (3,281), Oregon (1,128), and California (713) 
by 4.5 (Angliss and Outlaw, 2007). Because the eastern stock of Steller 
sea lions is increasing within most of its range, using the 4.5 
multiplier is a reasonable approach to estimating abundance from pup 
counts (Angliss and Outlaw, 2007).
    Steller sea lion numbers in California, especially in southern and 
central California, have declined from historic numbers. Counts in 
California between 1927 and 1947 ranged between 5,000 and 7,000 non-
pups with no apparent trend, but have subsequently declined by over 50 
percent, remaining between 1,500 and 2,000 non-pups during 1980-2001. 
Limited information suggests that counts in northern California appear 
to be stable (NMFS, 1995). At Ano Nuevo Island, a steady decline in 
ground counts started around 1970, resulting in an 85 percent reduction 
in the breeding population by 1987 (LeBoeuf et al., 1991). In vertical 
aerial photographic counts conducted at Ano Nuevo, pups declined at a 
rate of 9.9 percent from 1990 to 1993, while non-pups declined at a 
rate of 31.5 percent over the same time period (Westlake et al., 1997). 
Pup counts at Ano Nuevo have been steadily declining at about 5 percent 
annually since 1990 (W. Perryman, NMFS-SWFSC, pers. comm.). On 
Southeast Farallon Island, the abundance of Steller sea lion females 
declined an average of 3.6 percent per year from 1974 to 1997 (Sydeman 
and Allen, 1999). Pup counts on the Farallon Islands have generally 
varied from 5 - 15 (Hastings and Sydeman, 2002,; PRBO unpublished 
data). The most recent pup counts at Ano Nuevo Island and the 
Farallones are 349 in 2000 and 287 in 2001 (M. Lowry, NMFS-SWFSC, pers. 
comm.). Pups have not been born at Point Reyes Headland since the 1970s 
and Steller sea lions are seen in very low numbers there currently (S. 
Allen, unpubl. data).

Potential Effects on Marine Mammals and Their Habitat

    The only anticipated impacts would be temporary disturbances caused 
by the appearance of researchers near the pinnipeds. The potential 
disturbance might alter pinniped behavior and cause animals to flush 
from the area. Animals may return to the same site once researchers 
have left or go to an alternate haul out site, which usually occurs 
within 30 minutes (Allen et al., 1985). Long term effects of this 
disturbance are unlikely, as very few breeding animals will be present 
in the vicinity of the proposed seabird research areas. The proposed 
seabird research would not result in the physical altering of marine 
mammal habitat. No marine mammal habitat is expected to be affected by 
the proposed action. No marine mammal critical habitat is found within 
the proposed research area.
    There is no subsistence harvest of marine mammals in the proposed 
research area, therefore, there will be no impact of the activity on 
the availability of the species or stocks of marine mammals for 
subsistence uses.

Number of Marine Mammals Expected to Be Taken

    It is expected that approximately 2,422 California sea lions, 500 
harbor seals, 273 northern elephant seals, and 14 Steller sea lions 
could be potentially affected by Level B harassment. This estimate is 
based on previous research experiences, with the same activities 
conducted in the proposed research area, and on marine mammal research 
activities in these areas. These incidental harassment take numbers 
represent approximately 1 percent of the U.S. stock of California sea 
lion, 1.5 percent of the California stock of Pacific harbor seal, 0.3 
percent of the California breeding stock of northern elephant seal, and 
0.03 percent of the eastern U.S. stock of Steller sea lion. All of the 
potential takes are expected to be Level B behavioral harassment only. 
No injury or mortality to pinnipeds is expected or requested.

Mitigation, Monitoring, and Reporting

    The researchers would take all possible measures to reduce marine 
mammal disturbance for the activities described above. Researchers 
would keep their voices hushed and bodies low in the visual presence of 
pinnipeds. Seabird observations at North Landing on Southeast Farallon 
Island would be conducted in an observation blind where researchers are 
shielded from the view of hauled out pinnipeds. Beach landings on Ano 
Nuevo Island would only occur after any pinnipeds that might be present 
on the landing beach have entered the water. Ano Nuevo Island 
researchers accessing seabird nest boxes would crawl slowly if 
pinnipeds are within view.
    Visits to intertidal areas of Southeast Farallon Island during 
research activities would be coordinated to reduce potential take. All 
research goals on Ano Nuevo Island would be coordinated to minimize the 
necessary number of trips to the island. Once on Ano Nuevo Island, 
researchers would coordinate monitoring schedules so areas near any 
pinnipeds would be accessed only once per visit. The lead biologist 
would always serve as an observer to evaluate incidental take and halt 
any research activities should the potential for incidental take be too 
great.
    Researchers would take notes of sea lions and seals observed within 
the proposed research area during studies. The notes would provide 
dates, time, tidal height, species, numbers of sea lions and seals 
present, and any disturbances. PRBO would submit a final report, 
including these notes, to

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NMFS within 90 days after the expiration of the IHA, if it is issued.

National Environmental Policy Act (NEPA)

    NMFS has prepared a draft EA for public review and comment (see 
ADDRESSES), that describes the impact on the human environment that 
would result from implementation of this action. NMFS has concluded, 
preliminarily, that no significant impact on the human environment 
would result.

ESA

    NMFS is conducting a Section 7 consultation under the ESA to make a 
determination whether the proposed research project would be likely to 
jeopardize the continued existence of the eastern U.S. stock of Steller 
sea lions.

Preliminary Determinations

    For the reasons discussed in this document and in the identified 
supporting documents, NMFS has preliminarily determined that the impact 
of seabird research on Southeast Farallon Island, Ano Nuevo Island, and 
Point Reyes NS would result, at worst, in the Level B harassment of 
small numbers of California sea lions, Pacific harbor seals, northern 
elephant seals, and Steller sea lions hauled out in the vicinity of the 
proposed research area. While behavioral modifications, including 
temporarily vacating the area during the survey period, may be made by 
these species to avoid the resultant visual disturbance, the 
availability of alternate areas within these areas and haul-out sites 
has led NMFS to preliminarily determine that this action will have a 
negligible impact on California sea lions, Pacific harbor seals, 
northern elephant seals, and Steller sea lions.
    In addition, no take by Level A harassment (injury) or death is 
anticipated and harassment takes should be at the lowest level 
practicable due to incorporation of the mitigation measures described 
in this document.

Proposed Authorization

    NMFS proposes to issue an IHA to PRBO for the potential harassment 
of small numbers of California sea lions, harbor seals, northern 
elephant seals, and Steller sea lions incidental to conducting of 
seabird research on Southeast Farallon Island, Ano Nuevo Island, and 
Point Reyes NS, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.
    NMFS requests interested persons to submit comments, information, 
and suggestions concerning this request (see ADDRESSES).

    Dated: July 23, 2007.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-14584 Filed 7-26-07; 8:45 am]
BILLING CODE 3510-22-S