[Federal Register Volume 72, Number 240 (Friday, December 14, 2007)]
[Notices]
[Pages 71121-71123]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-24255]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE27


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 issuance of an incidental harassment authorization.

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SUMMARY: In accordance with provisions of the Marine Mammal Protection 
Act (MMPA) as amended, notification is hereby given that an Incidental 
Harassment Authorization (IHA) to take marine mammals, by harassment, 
incidental to conducting seabird research in central California, have 
been issued to PRBO Conservation Science (PRBO) for a period of one 
year.

DATES: The authorization of the IHA is effective from December 12, 
2007, until December 11, 2008.

ADDRESSES: A copy of the application, IHA, Environmental Assessment 
(EA), and a list of references used in this document may be obtained by 
writing 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 one of the contacts listed here (see FOR FURTHER 
INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Shane Guan, Office of Protected 
Resources, NMFS, (301) 713-2289, ext 137, or Monica DeAngelis, 
Southwest Regional Office, NMFS, (562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct

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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 certain subsistence uses and 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 
provided in the July 27, 2007, Federal Register notice (72 FR 41294), 
therefore, it is not repeated here.

Comments and Responses

    A notice of receipt and request for 30-day public comment on the 
applications and proposed authorizations was published on July 27, 2007 
(72 FR 41294). During the 30-day public comment period, NMFS received 
comments from the Marine Mammal Commission (Commission).
    Comment: The Commission recommends that NMFS issue the IHAs subject 
to the mitigation measures proposed by the applicant. The Commission 
further recommends that any authorization issued specify that, if a 
mortality or serious injury of a marine mammal occurs that appears to 
be related to the research, activities will be suspended while NMFS 
determines whether steps can be taken to avoid further injuries or 
mortalities or until such taking can be authorized by regulations 
promulgated under section 101(a)(5)(A) of the MMPA.
    Response: NMFS agrees with the Commission's comments and 
recommendation that the applicant must institute monitoring and 
mitigation measures sufficient to afford the potentially affected 
marine mammal species adequate protection from sources of disturbance, 
including disturbance of behavior.
    NMFS further agrees with the Commission that research activities 
must be suspended immediately if a dead or injured marine mammal is 
found in the vicinity of the project area and the death or injury of 
the animal could be attributable to the applicant's activities. This 
requirement is a condition in the IHA.

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. 
Additional information on these species is provided in the July 27, 
2007, Federal Register notice (72 FR 41294). Refer to these documents 
for information on these species.

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 Estimated to Be Taken

    It is estimated that approximately 2,422 California sea lions, 500 
harbor seals, 273 northern elephant seals, and 14 Steller sea lions 
could be potentially taken 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

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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. 
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.
    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 behavior changes. PRBO will submit a final report, 
including these notes, to NMFS within 90 days after the expiration of 
the IHA, if it is issued.

National Environmental Policy Act (NEPA)

    In July 2007, NMFS prepared a draft EA on the issuance of an IHA to 
PRBO to take marine mammals by Level B harassment incidental to 
conducting seabird research in central California. The draft EA was 
released for public review and comment along with the application and 
the proposed IHA. All comments are addressed in full in the Comments 
and Responses section. Subsequently, NMFS finalized the draft EA and on 
December 4, 2007, issued a Finding of No Significant Impact on the 
proposed project. No environmental impact statement was prepared.

ESA

    A section 7 consultation under the ESA was conducted with NMFS 
Headquarters Office of Protected Resources' Endangered Species 
Division. On October 19, 2007, NMFS issued a Biological Opinion and 
concluded that the issuance of an IHA to PRBO is likely to affect, but 
not likely to jeopardize the continued existence of Steller sea lions. 
An incidental take statement is included in the Biological Opinion.

Determinations

    For the reasons discussed in this document and in the identified 
supporting documents, NMFS has 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, 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.

Authorization

    NMFS has issued 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.

    Dated: December 10, 2007.
Helen Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E7-24255 Filed 12-13-07; 8:45 am]
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