[Federal Register Volume 72, Number 237 (Tuesday, December 11, 2007)]
[Notices]
[Pages 70310-70316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-23995]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD79


Incidental Takes of Marine Mammals During Specified Activities; 
Black Abalone Research Surveys at San Nicolas Island, Ventura County, 
CA

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

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

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SUMMARY: NMFS has received an application from Dr. Glenn VanBlaricom 
(Dr. VanBlaricom) for an Incidental Harassment Authorization (IHA) to 
take small numbers of marine mammals, by harassment, incidental to the

[[Page 70311]]

assessment of black abalone populations at San Nicolas Island (SNI), 
CA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposed IHA for these activities.

DATES: Comments and information must be received no later than January 
10, 2008.

ADDRESSES: Comments on the application should be addressed to 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. The mailbox address for 
providing e-mail comments is [email protected]. NMFS is not 
responsible for e-mail comments sent to addresses other than the one 
provided here. Comments sent via e-mail, including all attachments, 
must not exceed a 10-megabyte file size.
    A copy of the application containing a list of the references used 
in this document may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison, 
NMFS, (301) 713-2289.

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 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, a notice of a proposed authorization is provided to the 
public for review.
    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 certain subsistence uses, and if the permissible methods 
of taking and requirements pertaining to the mitigation, monitoring and 
reporting of such takings 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 
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 November 5, 2007, NMFS received a letter from Dr. VanBlaricom, 
of the 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), and was last reissued on 
December 1, 2006 (71 FR 71136, December 8, 2006). The requested IHA 
would authorize the take, by harassment, of small numbers of California 
sea lions (Zalophus californianus), Pacific harbor seals (Phoca 
vitulina richardsi), and northern elephant seals (Mirounga 
angustirostris) incidental to research surveys performed for the 
purpose of assessing trends in black abalone (Haliotis cracherodii) 
populations at SNI, Ventura County, California. The proposed research 
consists of 2 researchers, on foot, counting abalone at nine permanent 
sites (1 m\2\ each) on SNI twice a year, with one brief additional 
visit to each site for maintenance.
    Population trend data for black abalone populations have become 
important in a conservation context because of: (a) The reintroduction 
of sea otters to SNI in 1987, raising the possibility of conflict 
between otter conservation and abalone populations (abalones are often 
significant prey for sea otters); (b) the appearance of a novel exotic 
disease, abalone withering syndrome, at SNI in 1992, resulting in 
dramatically increased rates of abalone mortality at the Island; and, 
(c) the recent designation of California populations of black abalones 
as a species of concern in the context of the Endangered Species Act 
(ESA). Research is done under the auspices of the Washington 
Cooperative Fish and Wildlife Research Unit, the University of 
Washington, and the U.S. Navy (owner of SNI), with additional 
logistical support from the University of California, Santa Cruz. Since 
the abalone are not handled or removed in the course of the research, 
neither a state nor Federal permit is needed.
    Additional information on the research is contained in the 
application, which is available upon request (see ADDRESSES).

Project Description

    Nine permanent abalone research study areas are located in rocky 
intertidal habitats on SNI in Ventura County, CA. The applicant has 
made 111 separate field trips to SNI from September 1979 through 
October 2007, participating in abalone survey work on 591 different 
days at nine permanent study sites. Under the latest authorization, Dr. 
VanBlaricom made five different trips to the island (but no more than 2 
research and 1 maintenance visits to most sites with pinnipeds; sites 
without pinnipeds may be visited more often) and conducted work for 27 
total days in the one year period.
    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 m\2\ (3.3 ft\2\) 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 eye-bolts 
embedded in the rock substrata and secured with marine epoxy compound. 
Lines are placed temporarily between bolts during surveys and are 
removed once surveys are completed. Survey work is done by two field 
biologists working on foot (sites are accessed by hiking to water from 
vehicle parked inland) and 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

[[Page 70312]]

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 
during daylight hours due to safety considerations.
    During the year, each of the nine permanent study sites at SNI will 
be visited three times. Abalone surveys, which take no more than 4 
hours at each site, are conducted during two of the three visits to 
each of the nine sites. The third, and final, visit is a maintenance 
visit, which takes less than half of an hour at each site and is used 
to take measurements and make necessary repairs to plots and is 
conducted in a month when smaller numbers of pinnipeds are present.
    The affected 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. An IHA is 
warranted for this study because 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.

Description of Habitat and Marine Mammals in the Activity Area

    San Nicolas is one of the eight Channel Islands, located in the 
Santa Barbara Channel off Southern California. Nine miles long (14.5 
km) and about three and a half miles (5.6 km) across at its widest 
point, it is the farthest island from the mainland, more than 60 miles 
(96.6 km) offshore and about 85 miles (136.8 km) southwest of Los 
Angeles, California. SNI is owned and operated by the U.S. Navy and is 
off-limits to civilians without specific permission.
    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) (federally listed as threatened under the 
Endangered Species Act) was seen at one abalone research site on two 
occasions during the summer months in the mid-1980's. However, none 
have been seen since those original sightings.
    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.

California Sea Lions

    The U.S. stock of California sea lions extends from the U.S./Mexico 
border north into Canada. Breeding areas of the sea lion are on islands 
located in southern California, western Baja California, and the Gulf 
of California and they primarily use the central California area to 
feed during the non-breeding season. Population estimates for the U.S. 
stock of California sea lions, which are based on counts conducted in 
2001 and extrapolations from the number of pups, range from a minimum 
of 138,881 to an average of 244,000 animals, with a current growth rate 
of 5.4 to 6.1 percent per year (Carretta, et al., 2005). The California 
sea lion is not listed under the ESA and the U.S. stock is not 
considered depleted under the MMPA.
    California sea lions haul out at many sites on SNI and are by far 
the most common pinniped on the island. Over the course of a year, up 
to 100,000 sea lions may use SNI. Numbers of sea lions at SNI increased 
by about 21 percent per year between 1983 and 1995 (NMFS 2003) and sea 
lions have recently started occupying areas that were not formerly 
used. Pupping occurs on the beaches of SNI from mid-June to mid-July. 
Females nurse their pups for about eight days and then begin an 
alternating pattern of foraging at sea vs. attending and nursing the 
pup on land, which lasts for about eight months, and sometimes up to a 
year. California sea lions also haul out at SNI during the molting 
period in September, and smaller numbers of females and juveniles haul 
out during most of the year.

Pacific Harbor Seals

    Harbor seals are widely distributed in the North Atlantic and North 
Pacific. In California, approximately 400-600 harbor seal haul-out 
sites are distributed along the mainland and on offshore islands, 
including intertidal sandbars, rocky shores and beaches (Hanan, 1996; 
Lowery, et al., 2005). 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. Based on 
the most recent harbor seal counts (2004 and 2005) and including a 
correction factor for the above, the estimated population of harbor 
seals in California is 34,233 (Carretta, et al., 2005), with an 
estimated minimum population of 31,600 for the California stock of 
harbor seals. Counts of harbor seals in California showed a rapid 
increase from 1972 to 1990, but since 1990 there has been no net 
population growth along the mainland or the Channel Islands. Though no 
formal determination of Optimal Sustainable Population (OSP) has been 
made, the decrease in the growth rate may indicate that the population 
has reached its carrying capacity. The harbor seal is not listed under 
the ESA and the California stock is not considered depleted under the 
MMPA.
    Harbor seals haul out at various sandy, cobble, and gravel beaches 
around SNI and pupping occurs on the beaches from late February to 
early April, with nursing of pups extending into May. Harbor seals may 
also haul out during molting period in late Spring, and smaller numbers 
haul out at other times of year. Harbor seal abundance increased at SNI 
from the 1960s until 1981, but since then average counts have not 
changed significantly. From 1982 to 1994, numbers of harbor seals have 
fluctuated between 139 and 700 harbor seals based on both peak ground 
counts and annual photographic survey photos. The most recent aerial 
count on SNI was of 457 harbor seals in 1994.

Northern Elephant Seals

    Northern elephant seals breed and give birth in California (U.S.) 
and Baja California primarily on offshore islands, from December to 
March (Stewart, et al., 1994). The California breeding stock, which 
includes the animals on SNI, is now demographically separated from the 
Baja California population. Based on trends in pup counts, northern 
elephant seal colonies appeared to be 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., 2005). A continuous average growth rate 
(though it has declined a bit in recent years) of 8.3 percent has seen

[[Page 70313]]

numbers of this species increase from 100 in 1900 to the current 
population size (Carretta et al., 2005). The northern elephant seal is 
not listed under the ESA and the California stock is not considered 
depleted under the MMPA.
    Increasing numbers of elephant seals haul out at various sites 
around SNI. Based on a pup count in 1995 that found 6,575 pups, 
scientists estimated that over 23,000 elephant seals may use SNI in a 
year (NMFS 2003). From 1988 to 1995 the pup counts on SNI increased at 
an average rate of 15.4 percent per year, however, the growth rate of 
the population as a whole seems to have declined in recent years (NMFS 
2003). Pupping occurs on the beaches of SNI from January to early 
February, with nursing of pups extending into March. Northern elephant 
seals also haul out during the molting periods in the spring and 
summer, and smaller numbers haul out at other times of the year.

Potential Effects of Activities on Marine Mammal

    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.
    Incidental harassment may result if hauled animals move away from 
the abalone researchers. For the purpose of estimating numbers of 
pinnipeds taken by these activities, NMFS assumes that pinnipeds that 
move or change the direction of their movement in response to the 
presence of researchers are taken by Level B Harassment. Animals that 
merely raise their head and look at the researcher are not considered 
to have been taken. 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 
injury or death to hauled animals is very low.
    The risk of marine mammal injury or mortality associated with 
abalone research increases somewhat if disturbances occur during 
breeding season, as it is possible that mothers and dependent pups 
could become separated. If separated pairs don't reunite fairly 
quickly, risks of mortality to pups (through starvation) may increase. 
Also, adult northern elephant seals may trample elephant seal pups if 
disturbed, which could potentially result in the injury or death of 
pups. However, NMFS proposes to include time of year restrictions to 
limit the presence of researchers to months that California sea lion 
and harbor seal dependent pups are not present at the survey sites. 
Additionally, though elephant seal pups are occasionally present at 
abalone surveys, risk of pup mortalities are very low because elephant 
seals are far less reactive to researcher presence than the other two 
species (an estimated 32 total elephant seals have been disturbed in 
the last four years out of 2,074 present around the study site). Last, 
researchers use great care approaching sites; and pups are on the sand 
while the permanent study sites are on rocks, which leaves the two 
always separated by at least 50 m (164 ft). Because of the 
circumstances and the proposed IHA requirements discussed above, NMFS 
believes it highly unlikely that the proposed activities would result 
in the injury or mortality of pinnipeds (and none have been recorded in 
the 28 years that the researcher has been conducting this research).
    The results of Dr. VanBlaricom's monitoring under the previous IHA 
are summarized in Table 1, which shows the numbers of each species 
present at Dr. VanBlaricom's survey sites as well as the numbers 
disturbed during his visits in the last year. As part of the required 
monitoring, Dr. VanBlaricom records the numbers of disturbed animals 
that flush into the water, the number that move more than 1 m, but do 
not enter the water, and the number that become alert and move, but do 
not move more than 1 m (see the application for these numbers). Animals 
that raised their head and looked at the researcher without moving were 
not considered disturbed (or harassed pursuant to the MMPA). For the 
purposes of estimating take in the IHA, NMFS estimates take as the 
total of all three categories of disturbed behavior recorded.
    As indicated in Table 1, approximately 50 percent of the total 
animals considered harassed by this activity in 2007 responded by 
flushing into the water (671 sea lions, 68 harbor seals, and 0 elephant 
seals) and the rest responded to a lesser degree by moving some 
distance on land when the researchers approached. Though the 
researchers have not stayed to find how soon pinnipeds return after 
flushing (leaving as soon as possible minimizes the effects), 
increasing numbers at some of the sites and pinniped presence at sites 
where they were not present before suggest that the research is not 
having any long-term detrimental effects on the population of any of 
these three species. Older, weaned sea lion pups and juveniles were 
seen and disturbed at site 8, and a small number (5) were flushed into 
the water, but none were known to be injured in any way.

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                                                                             California sea lions       Pacific harbor seals     Northern elephant seals
                                                                  Site   -------------------------------------------------------------------------------
              Year                       Month          Date      Present at                 Present at                 Present at
                                                                              site       Disturbed       site       Disturbed       site      Disturbed
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2007............................  January...........       19         1            61           50             0            0             6            1
2007............................  January...........       20         1            58           51             0            0             6            0
2007............................  October...........       27         1            88           76             0            0             0            0
2007............................  January...........        6         2             0            0             0            0             0            0
2007............................  January...........        7         2             0            0             0            0             0            0
2007............................  February..........        3         2             0            0             0            0             0            0
2007............................  February..........       17         2             0            0             0            0             0            0
2007............................  October...........       26         2             0            0             0            0             0            0
2007............................  January...........       18         3             0            0             0            0             0            0
2007............................  January...........       29         3             0            0             0            0             0            0
2007............................  February..........        1         3             0            0             0            0             0            0
2007............................  February..........        2         3             0            0             0            0             0            0
2007............................  February..........       16         3             0            0             0            0             0            0
2007............................  October...........       26         3             0            0             0            0             0            0

[[Page 70314]]

 
2007............................  October...........       28         3             0            0             0            0             0            0
2007............................  January...........       21         4             0            0             0            0             0            0
2007............................  February..........        1         4             2            2             0            0             0            0
2007............................  February..........        4         4             0            0             0            0             0            0
2007............................  October...........       25         4             0            0             0            0             0            0
2007............................  January...........       30         5            79           43            33           15            42            0
2007............................  January...........        4         6           306          161            53           31            57            0
2007............................  January...........       30         6           271          130            39           22           291            0
2007............................  February..........       14         7           130           94             8            0            41            0
2007............................  February..........       15         7           237          226             0            0             8            0
2007............................  January...........       17         8           168          131             0            0             8            0
2007............................  January...........       31         8           330          225             0            0             9            0
2007............................  October...........       24         8           103           92             0            0             0            0
2007............................  February..........       18         8            65           35             0            0             0            0
2007............................  January...........        3         9             0            0             0            0             3            1
2007............................  January...........        5         9             1            1             0            0             3            0
2007............................  February..........       16         9             0            0             0            0             6           0
    Totals..............................................................         1899         1317           133           68           480            2
                                 -----------------------------------------------------------------------------------------------------------------------
     that flushed into water...................................  ...........    671 (51%)   ...........    68 (100%)   ...........            0
     moved > 1m, but not into water............................  ...........    458 (35%)   ...........            0   ...........     2 (100%)
     came alert, but did not move > 1 m........................  ...........    188 (14%)   ...........            0   ...........           0
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Table 1. Results from 2006-2007 monitoring. Number of ``disturbed'' animals indicates total of the three categories of recorded reactions, which
  include: Animals that flushed into the water; animals that moved more than 1 m, but did not enter the water; and, animals that moved or changed
  direction, but did not move more than 1 m.

Proposed Mitigation

    Several mitigation measures to reduce the potential for harassment 
from population assessment research surveys would be (or are proposed 
to be implemented) implemented as part of the SNI abalone research 
activities. Primarily, mitigation of the risk of disturbance to 
pinnipeds 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 would be avoided with the 
following proposed measures. Disturbances to females with dependent 
pups (in the cases of California sea lions and Pacific harbor seals) 
will 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 mid-
October. 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 (5, 
6, 7, and 8) to periods when these activities do not occur (second half 
of October, November, December, January, and the first half of 
February) will reduce the possibility of incidental harassment and the 
potential for 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 injury or mortality of elephant seal pups by mother/
pup separation or trampling 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. Also, elephant seal pupping 
typically occurs on the sandy beaches at SNI, approximately 50 m (164 
ft) or more away from the abalone study sites. Possible take of 
northern elephant seal pups will be minimized by using a very careful 
approach to the study sites and avoiding the proximity of hauled seals 
and any seal pups during collection of abalone population data.
    One individual Guadalupe fur seal was seen at study site 8 on two 
separate occasions during the summer months in the mid-1980's. Since 
the original sightings, no individuals of this species have been seen 
during abalone research. However, to ensure that Guadalupe fur seals 
are not affected by these activities and that authorization is not 
needed pursuant to the MMPA or the ESA, researchers will only visit 
site 8 from mid-October through mid-February with a single proposed 
visit in July, and work will be immediately suspended and researchers 
vacated if an individual is seen. Guadalupe fur seals are distinctive 
in appearance and behavior, and can be readily identified at a distance 
without any disturbance.
    Sea otters, which are federally listed as threatened under the ESA 
and managed by the U.S. Fish and Wildlife Service (USFWS), 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 fur seals to avoid impacts, suspending research activities 
in any areas California sea otters are occupying.

Proposed 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,

[[Page 70315]]

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 (SWFSC). 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).
    Proposed monitoring requirements in relation to Dr. VanBlaricom's 
abalone research surveys will include observations made by the 
applicant and his associates. Information recorded will include species 
counts (with numbers of pups), numbers of observed disturbances, and 
descriptions of the disturbance behaviors during the abalone surveys. 
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 and NMFS.
    If at any time injury or death of any marine mammal occurs that may 
be a result of the proposed abalone research, Dr. VanBlaricom will 
suspend research activities and contact NMFS immediately to determine 
how best to proceed to ensure that another injury or death does not 
occur and to ensure that the applicant remains in compliance with the 
MMPA.

Proposed Reporting

    A draft final report must be submitted to NMFS within 60 days after 
the conclusion of the year-long field season or 60 days prior to the 
start of the next field season if a new IHA will be pursued. The report 
will include a summary of the information gathered pursuant to the 
monitoring requirements set forth in the IHA. 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.
    Dr. VanBlaricom has already submitted the final report required by 
the current IHA and it may be viewed on the NMFS website (see 
ADDRESSES).

Numbers of Marine Mammals Expected To Be Harassed

    NMFS has determined that these are small numbers, relative to 
population estimates, of California sea lions, Pacific harbor seals, 
and northern elephant seals (1.3, 0.2, and .04 percent of the minimum 
population, respectively).
    The distribution of pinnipeds hauled out on beaches is not even 
between sites or at different times of the year. 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.
    Table 2 depicts the total numbers of animals encountered and 
disturbed by Level B Harassment in Dr. VanBlaricom's 2004, 2005, 2006, 
and 2007 abalone survey field seasons. As discussed earlier, NMFS 
considers an animal to have been harassed if it moved any distance in 
response to the researcher's presence or if the animal was already 
moving and changed direction. Animals that raised their head and looked 
at the researcher without moving were not considered disturbed. Based 
on past observations and assuming a maximum level of incidental 
harassment of marine mammals at each site during periods of visitation, 
NMFS estimates that the maximum total possible numbers of individuals 
that will be incidentally harassed during the effective dates of the 
proposed IHA would be 1610 California sea lions, 100 Pacific harbor 
seals, and 20 northern elephant seals may be taken by harassment as a 
result of this activity.

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                                                               California sea lions            Pacific harbor seals           Northern elephant seals
                                                         -----------------------------------------------------------------------------------------------
                          Year                                Present                         Present                         Present
                                                            around site    Est. harassed    around site    Est. harassed    around site    Est. harassed
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004....................................................            2239            1472             108              99             562               7
2005....................................................            1383             983              99              88             409               9
2006....................................................            1564            1045              57              50             623              14
2007....................................................            1899            1317             133              68             480              2
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Table 2. Estimated number of each species harassed over the last three years of abalone research. Minimum population estimates for California sea lions,
  Pacific harbor seals, and Northern elephant seals are 138881, 31600, and 60547, respectively.

Potential Effects of Activities on Marine Mammal Habitat

    NMFS anticipates that the action will result in no impacts to 
marine mammal habitat beyond rendering the areas immediately around 
each of the nine study sites less desirable as haul-out sites for a 
total of 8.5 hours per year. Three visits to each site are anticipated 
during the year-long validity of the IHA.
ESA
    For the reasons already described in this Federal Register Notice, 
NMFS has determined that the described abalone research and the 
accompanying IHA will have no effect on species or critical habitat 
protected under the ESA (specifically, the Guadalupe fur seal). 
Therefore, consultation under Section 7 is not required.
National Environmental Policy Act (NEPA)
    NMFS prepared an Environmental Assessment (EA) of the Issuance of 
an IHA to Take Marine Mammals, by Harassment, During Black Abalone 
Research at SNI, California, which analyzed the issuance of multiple 
IHAs over several years for these activities, and subsequently issued a 
Finding of No Significant Impact (FONSI) on November 21, 2005. The 
proposed 2008 action is the same as was analyzed in the 2005 EA and the 
EA remains applicable. A copy of the EA and FONSI are available upon 
request (see ADDRESSES).

Conclusions

    Based on Dr. VanBlaricom's application and monitoring reports for 
previous field seasons, as well as the analysis contained herein, NMFS 
has preliminarily determined that the impact of the described abalone 
research at SNI will result, at most, in a temporary modification in 
behavior by small numbers of California sea lions, Pacific harbor 
seals, and northern elephant seals, in the form of head alerts, 
movement away from the researchers and/or flushing from the

[[Page 70316]]

beach. In addition, no take by injury or death is anticipated, and take 
by harassment will be at the lowest level practicable due to 
incorporation of the mitigation measures mentioned previously in this 
document. NMFS has further preliminarily determined that the 
anticipated takes will have a negligible impact on the affected 
species.

Proposed Authorization

    NMFS proposes to issue an IHA to Dr. Glenn R. VanBlaricom for the 
harassment of California sea lions, Pacific harbor seals, and northern 
elephant seals incidental to black abalone population trend research, 
provided the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated.

    Dated: December 5, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-23995 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-22-P