[Federal Register Volume 73, Number 118 (Wednesday, June 18, 2008)]
[Notices]
[Pages 34705-34713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-13786]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XH04


Incidental Takes of Marine Mammals During Specified Activities; 
Rat Population Eradication at Rat Island, AK

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 the U.S. Fish and 
Wildlife Service (USFWS) for an Incidental Harassment Authorization 
(IHA) to take small numbers of marine mammals, by harassment, 
incidental to the eradication of rat populations at Rat Island, AK. 
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 July 18, 
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 email 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 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 Ken Hollingshead, 
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 February 29, 2008, NMFS received a letter from the USFWS, 
requesting issuance of a proposed IHA. The requested IHA would 
authorize the take, by harassment, of small numbers of Steller sea 
lions (Eumetopias jubatus), and Pacific harbor seals (Phoca vitulina 
richardsi), incidental to rat population eradication and bait 
application operations. Operations will be conducted on foot, by 
watercraft (boat), and by aircraft (helicopter) by a field crew.

[[Page 34706]]

    Additional information on the eradication operations is contained 
in the application and Environmental Assessment (EA), which is 
available upon request (see ADDRESSES).
    Restoration of natural ecosystem function on Rat Island promises to 
re-establish native seabirds and other native species, thus returning 
this wilderness island to a healthy natural community. This restoration 
cannot occur until the island is cleared of the invasive non-native 
Norway rats that now dominate the living community. Introduced non-
native species are a leading cause of extinctions in island communities 
worldwide. Increasingly, land managers are removing introduced species 
to aid in the restoration of native ecosystems. Rats are responsible 
for 40-60% of all recorded bird and reptile extinctions worldwide. 
Given their widespread successful colonization on islands and the 
resulting impact to native species, introduced rats are identified as 
key species for eradication.
    Most of the Aleutian Islands lying within the Alaska Maritime 
National Wildlife Refuge (AMNWR) provide important breeding habitat for 
seabirds, including many for which the Aleutians provide a substantial 
portion of their worldwide range. Norway rats are established on at 
least 10 Aleutian islands or island groups, and the diversity and 
numbers of breeding seabirds occurring on those islands are now 
conspicuously low. Rat-caused modifications to other components of the 
island ecosystems (e.g., other birds, plants, and invertebrates) are 
also evident.
    The restoration of Aleutian ecosystems through introduced predator 
eradications has long been identified as a priority for AMNWR, and the 
initial efforts have been directed to removing introduced Arctic foxes. 
The focus now has turned to rats. The intent of the proposed operations 
is to facilitate the restoration of the natural island ecosystem by 
improving habitat quality for native species.

Proposed Rat Eradication Project Description

    Rats were first introduced to Alaska over 200 years ago at Rat 
Island in the western Aleutian Island archipelago. Prior to this 
introduction, the island likely supported significant populations of 
breeding seabirds and other ground nesting birds which evolved in the 
absence of mammalian predators. Since their introduction, rats and 
foxes have extirpated breeding seabirds and had detrimental impacts on 
vegetation and intertidal life on the island. AMNWR personnel 
eradicated foxes on Rat Island in 1984. Working with others, the USFWS 
proposes to eradicate rats from the island using removal techniques 
based on successful island rat eradications elsewhere in the U.S. and 
globally.
    The purpose of eradicating rats from Rat Island is to conserve, 
protect and enhance habitat for native wildlife species, especially 
nesting habitat for seabirds, and to restore the biotic integrity of 
the island. The overarching goal in a successful eradication is to 
ensure the delivery of a lethal dose of toxicant to every rodent on the 
island. The primary method for eradicating rats from Rat Island is 
delivery of compressed-grain bait pellets containing rodenticide to 
every rat territory on the island through aerial broadcast. The bait 
pellets will contain 25 ppm brodifacoum and will be applied according 
to Environmental Protection Agency (EPA) approved label directions.
    The need for caution near the marine and freshwater environments, 
due to the chemical composition of the bait pellets and potential for 
contamination of the water column (bait pellets disintegrate and 
dissolve quickly in water), requires a buffer when broadcasting the 
rodenticide. As a result, some areas may not receive the optimal bait 
coverage with helicopter broadcast. In cases where it is evident or 
suspected that any land area on Rat Island or offshore islets did not 
receive full coverage, there will be supplemental systematic hand 
broadcast either by foot, boat, helicopter, or any combination of the 
above. All bait application activities will be conducted by, or under 
the supervision of, a Pesticide Applicator certified by the State of 
Alaska.

Proposed Staging and Preparation

    Field crews will visit Rat Island in the summer prior to the rat 
eradication to install temporary infrastructure and storage sites. 
These will include: 1) a camp site capable of supporting 20 people for 
up to seven weeks; 2) three bait staging areas, where bait will be 
contained in up to 200 storage units at each staging area; and 3) a 
fuel storage site that will comply with all appropriate safety 
standards and regulations.
    Additional material may be brought to the island at that time and 
staged for the fall application of bait. Helicopters will deliver most 
of the necessary materials to each site on the island from a vessel 
anchored nearby. Staging procedures in summer will be conducted using a 
helicopter capable of lifting a 700 kg (1,543 lbs) payload. Helicopter 
operations during project staging will be localized to discrete flight 
paths and landing sites servicing the camp, three bait staging 
locations, and a fuel storage site.
    It is possible that some of the material needed for eradication 
will not be available in the summer. In this case, that material will 
be staged on the island during the week prior to the fall application 
of bait.

Proposed Bait Application

    Proposed bait application operations will be conducted using two 
single-primary-rotor/single tail-rotor helicopters. Bait will be 
applied from specialized bait hoppers slung 15-20 m (49-66 ft) beneath 
the helicopter. Helicopter operations for the bait application will 
necessitate low-altitude overflights of the entire land area of Rat 
Island and adjacent vegetated islets. The helicopter will fly at a 
speed ranging from 25-50 knots (46-93 km/hr or 29-58 mph) at an average 
altitude of approximately 50 m (164 ft) above the ground.
    To make bait available to all possible rat home ranges on the 
island, bait will need to be applied evenly across emergent land area, 
with every reasonable effort made to prevent bait spread into the 
marine environment. The baiting regime will follow common practice in 
which parallel, overlapping flight swaths are flown across the interior 
island area and overlapping swaths with a deflector attached to the 
hopper (to prevent bait spread into the marine environment) flown 
around the coastal perimeter. Flight swaths will be defined by the 
uniform distance of bait broadcast from the hopper, ranging from 50-75 
m (164-246 ft). Flight swaths will be flown in a parallel pattern, with 
subsequent flight swaths overlapping the previous by approximately 25-
50% to ensure no gaps in bait coverage.

Proposed Special Treatment of the Islet off Ayugadak Point

    The islet located 1.6 km (1 mi) off Ayugadak Point is a Steller sea 
lion rookery, designated as Critical Habitat under the Endangered 
Species Act (ESA). The islet is also potential rat habitat and the 
thick kelp beds between the main island and this islet make rat 
migration to and from the islet possible. Bait will be delivered to the 
islet off Ayugadak Point with an adaptive alternative-baiting strategy 
designed to minimize disturbance of Steller sea lions from helicopters.
    During the month of August, project crews will attempt to access 
the islet by boat, landing on a beach that is out of view of the 
Steller sea lion rookery. Personnel will install multiple enclosed bait 
stations on the islet, which will be

[[Page 34707]]

designed to provide easy access to the bait inside for rats while 
minimizing bait access by non-target species that may be present on the 
islet, including song sparrows. Stations will be anchored securely in 
place, and filled with enough bait to ensure that any rats on the 
island will have bait available for many weeks.
    During the major bait application operation in the fall, project 
crews will attempt to access the islet by boat again, although the sea 
state during this season may make access more difficult than earlier in 
the season. If personnel can access the island by boat, they will check 
the bait stations installed earlier for signs of bait consumption or 
other rat activity. Bait stations will be refilled as necessary during 
this visit. If rats are detected or suspected, personnel may 
additionally hand-broadcast bait pellets on the islet according to 
label instructions.
    If project field crews are unable to access the islet by boat at 
any time during fall operations it will be necessary to aerially treat 
the island.

Proposed Demobilization

    Once eradication has been completed operational demobilization and 
clean-up will commence. A charter vessel will be employed to transport 
all crew and equipment off the island. Demobilization and clean-up will 
include deconstructing and removing: 1) field camp; 2) garbage and 
human waste; 3) staging areas; and 4) fuel. All tents, weatherports, 
and other field camp equipment will be disassembled, packed, and 
returned to the vessel by helicopter. All equipment will be removed 
from bait staging areas and transported off the island. The wooden 
storage boxes will be disassembled, bound, and transported by 
helicopter back to the vessel. Excess fuel will also be transported 
back to the vessel by helicopter.
    Additional details regarding the proposed rat eradication 
operations can be found in the Environmental Assessment (EA): 
``Restoring Wildlife Habitat on Rat Island'' USFWS 2007 (EA). The EA 
can also be found online at: http://alaskamaritime.fws.gov/news.htm

Proposed Dates, Duration, and Region of Activities

    Rat Island is located in the western Aleutian Islands approximately 
51[deg] 80' North, 178[deg] 30' West, approximately 1,931 km (1200 mi) 
west of Anchorage, Alaska. The Ayugadak Point rookery is located on an 
islet approximately one mile southeast of Rat Island at 51[deg] 45.5' 
North, 178deg; 24.5' East.

Proposed Staging and Preparation at Rat Island

    The summer staging and preparation activities for Rat Island are 
expected to take 5 days during the week of July 7-11. Helicopter 
support during this period is estimated to take two days. Wooden 
storage boxes and platform construction materials will be staged at 
three areas, as indicated in Figure 1 in USFWS' IHA application. Fuel 
and all other camp materials will be delivered to the Gunner's Cove 
field camp location.
    All materials not available during the summer staging and 
preparation periods will be transported to Rat Island during the week 
of September 22-27, 2008. Helicopter support during this period is 
estimated to take two days.

Proposed Bait Application at Rat Island

    Bait application will commence once staging and preparation have 
been accomplished as planned. The application will occur during a 45-
day time period from September 28-November 11, 2008 (except on the 
islet off Ayugadak Point). The bait application is estimated to take 
approximately 35 hours total flight time; however, the implementation 
will likely be interrupted by typical fall weather patterns in the 
central Aleutians, which are notoriously unsettled. Therefore, a 
maximum of 45 days will be allotted to achieve the 35 hour operation 
window.

Proposed Demobilization at Rat Island

    During the first week of August, a project crew will attempt to 
access the islet by boat to install bait stations containing 
rodenticide. The installation will take approximately four hours.
    If weather and sea conditions allow the installation of bait 
stations in August, a project crew will attempt to access the islet by 
boat again during the major bait application operations in October. Sea 
state during this season may make access more difficult than the August 
attempt. If personnel can access the island by boat, they will check 
the bait stations installed earlier for signs of bait consumption or 
other rat activity and refill stations as necessary. Personnel may also 
hand-broadcast bait pellets on the islet if rats are detected or 
suspected. This work is estimated to take between four and six hours.
    If project crews are not able to access the islet in August or 
during the Rat Island bait application in October, it will be treated 
by aerial broadcast. This would take place during the October 1-
November 11, 2008 time frame and require approximately 15 minutes of 
helicopter flight time.

Proposed Bait Application at Ayugadak Point Rookery

    During the first week of August, a project crew will attempt to 
access the islet by boat to install bait stations containing 
rodenticide. The installation will take approximately four hours.
    If weather and sea conditions allow the installation of bait 
stations in August, a project crew will attempt to access the islet by 
boat again during the major bait application operations in October. Sea 
state during this season may make access more difficult than the August 
attempt. If personnel can access the island by boat, they will check 
the bait stations installed earlier for signs of bait consumption or 
other rat activity and refill stations as necessary. Personnel may also 
hand-broadcast bait pellets on the islet if rats are detected or 
suspected. This work is estimated to take between four and six hours.
    If project crews are not able to access the islet in August or 
during Rat Island bait application in October, it will be treated by 
aerial broadcast. This would take place during the October1-November 11 
time frame and require approximately 15 minutes of helicopter flight 
time.

Status and Distribution of Affected Species

                      Table 1. Recent survey results for pinnipeds in the Rat Island area.
----------------------------------------------------------------------------------------------------------------
                 Species                        Number            Year              Source           Comments
----------------------------------------------------------------------------------------------------------------
Harbor Seal                                              93            1999      Small et al. in   Aerial survey
                                                   ``Fairly            2007                press   Often seen in
                                                   common''                      Buckelew et al.      water, not
                                                                                            2007     seen hauled
                                                                                                             out

[[Page 34708]]

 
Steller sea lion                                         45            2004        NMFS database   Aerial survey
                                                        254            2005        NMFS database         for Rat
                                                                                                  Is.(adults and
                                                                                                      juveniles)
                                                                                                   Aerial survey
                                                                                                    for Ayugadak
                                                                                                   Point Rookery
                                                                                                    (includes 83
                                                                                                           pups)
                                                    present            2007         Bucklew 2007  Seen from boat
                                                                                                     offshore at
                                                                                                     Rat Is. And
                                                                                                    Ayugadak Pt.
----------------------------------------------------------------------------------------------------------------

Steller Sea Lion

    Steller sea lions range along the North Pacific Rim from northern 
Japan to California. They are most abundant in the Gulf of Alaska and 
Aleutian Islands (NMFS, 2006). Two separate stocks of Steller sea lions 
are recognized in U.S. waters; an eastern U.S. stock that includes 
animals east of Cape Suckling, Alaska (144[deg] West), and a western 
U.S. stock which includes animals west of Cape Suckling. The western 
Distinct Population Segment (DPS) of Steller sea lions has experienced 
a major decline of 75% over the past 20 years (Calkins et al., 1999; 
USFWS, 1997; NMFS, 2007). Consequently the western DPS of Steller sea 
lions were listed as Endangered under the ESA in 1997. The reasons for 
this decline are not entirely known and are currently under 
investigation.
    Aerial survey data from 2004-2005 were used to calculate a minimum 
population estimate of 39,988 animals for the western U.S. waters 
stock. The Bering Sea/Aleutian Islands area population estimate for the 
same period is 20,578 (NMFS, 2006).
    Steller sea lions are considered non-migratory with dispersal 
generally limited to juveniles and adult males. In the Aleutian 
Islands, Steller sea lions generally breed and give birth from late May 
to early July (Pitcher and Calkins, 1981), and pups remain at rookeries 
until about early to mid-September (Calkins et al., 1999). Non-
reproductive animals congregate at haul out sites.
    At Rat Island, a persistent haul-out side is known at the west end 
of the island near Krysi Point and a rookery is known from the islet 
off Ayugadak Point. Both sites were active in 2007 (Buckelew et al., 
2007).

Pacific Harbor Seal

    In the Pacific Ocean, harbor seals occur in coastal waters and 
estuaries from Baja California north along the west coast of the U.S. 
and Canada to Alaska including the Aleutian Islands, southern Bristol 
Bay and the Pribilof Islands. Harbor seals living in the Aleutian 
Islands are part of the Gulf of Alaska stock. The Gulf of Alaska stock 
has experienced significant declines ranging from 50-85% over the past 
30 years (NMFS, 2006). Limited information suggests some modest 
recovery from initial declines and the stock has not been listed under 
the ESA. The current statewide population estimate for Alaska harbor 
seals is 180,017 (NMFS, 2006).
    Harbor seals are generally non-migratory with some local movements 
related to season, weather, and food availability (NMFS, 2006). In 
Alaska, harbor seals typically give birth to a single pup between May 
and mid-July. Pups are generally weaned within one month and separate 
from their mother. Harbor seals in the Gulf of Alaska undergo an annual 
molt which peaks between the first week in August and the first week in 
September (Daniel et al., 2003). Harbor seals are found in scattered 
locations along the shores of Rat Island and some offshore islets.

Incidental Taking Authorization Requested

    The proposed rat eradication effort and associated operations may 
result in the taking of marine mammals by Level B incidental harassment 
only. As a result, the USFWS has requested an IHA for Level B 
harassment. An incidental take of Level B harassment occurs if an 
animal moves away any distance in response to the presence of field 
crew personnel, watercraft, and/or aircraft, or if the animal was 
already moving and changed direction. Animals that raise their head and 
look at field crew personnel and/or operated vehicle without moving are 
not considered disturbed. Most incidental takings would be related to 
harassment from the noise and visual presence/ movement of helicopter 
operations during the bait application period. A small number of takes 
could also occur as a result of human presence and boat operations 
during the course of the project.
    The use of a rodenticide is not expected to result in any Level A 
harassment (i.e., injury) or death of marine mammals. Marine mammals 
are unlikely to ingest bait pellets of rodenticide opportunistically or 
accidentally. The rodenticide is retained at low levels in body tissues 
and numerous large exposures would have to occur in order to ingest an 
injurious or lethal amount. Steller sea lions and harbor seals diet 
does not include either bait pellets or rat carcasses that have 
succumbed to the rodenticide application.
    Further information on the biology and distribution of these 
species and others in the region can be found in USFWS' application and 
EA, 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.

Potential Impact and Effects of the Proposed Activity on the Marine 
Mammals

Steller Sea Lions

    The response of pinnipeds, like Steller sea lions, to aircraft 
overflights varies from no discernable reaction to completely vacating 
haul outs after a single overflight (Calkins, 1979; Efroymson and 
Suter, 2001). Approaching aircraft generally flush animals into the 
water. In one case, Withrow et al. (1985 in Richardson et al., 1995) 
reported Steller sea lions left a beach in response to a Bell 205 
helicopter >1.6 km away, but the noise from a helicopter is typically 
directed down in a ``cone'' underneath (Richardson et al., 1995) so 
disturbance

[[Page 34709]]

at such great distance is probably uncommon.
    At Rat Island, known persistent haul out sites will be avoided 
during proposed staging operations as will any other haul out sites 
discovered prior to helicopter operations. In spite of these 
precautions, sea lions encountered unexpectedly during proposed 
helicopter operations could be flushed from land temporarily. An 
individual sea lion's exposure to peak noise from the helicopter will 
be limited to animals that remain ashore, and is likely to be of short 
duration, as the elevation and speed of the helicopter will limit the 
time that any single location is exposed to maximum noise.
    It will be more difficult to avoid known haul sites on Rat Island 
with the helicopter during bait application because of the need for 
thorough coverage. No pups are expected on Rat Island. The impacts of 
disturbance to sea lions during molting (a sensitive period to 
disturbance, Richardson et al., 1995) will be minimized by timing 
overflights after the peak molting period is over.
    Proposed installation of bait stations on the islet off Ayugadak 
Point in August is likely to result in short-term displacement of some 
non-breeding animals from the islet. This disturbance is likely to be 
limited to the few-hour period when personnel are present on the 
island. Sea lion pups will likely be present on the islet during 
installation of bait stations. To prevent disturbance to the rookery, 
the islet will be approached slowly in a small boat, from the side of 
the island opposite and out of sight of the rookery. While on the 
islet, personnel will remain out of sight of the rookery.
    In October, the bait stations on the islet will need to be 
replenished. Again, the approach to the island will be slow, and 
opposite the rookery. This may result in displacing a few non-breeding 
animals for a few hours when personnel are present on the islet. If it 
is not possible to land a skiff on the islet, the island will be baited 
with the helicopter as described in the EA, in the fall after the 
pupping and primary molting season. This is likely to result in 
flushing sea lions from the islet resulting in short-term displacement. 
However, as helicopter baiting will be a very short process 
(approximately 15 minutes), disturbance to Steller sea lions is likely 
to be very short-term.
    Risks to Steller's sea lions from personnel camps on Rat Island 
will be minimal as camps and storage sites will be located well inland 
away from possible Steller sea lion haul out areas.
    Overall, the effects of the operations described in the EA on 
Steller's sea lions will vary depending on the number of disturbance 
events. However, the short-term displacement from haul-outs that is 
likely to occur as a result of helicopter noise and personnel is not 
anticipated to have any effect on overall energy balance or fitness of 
any individual animals.
    It is not likely that any Steller sea lions will suffer injury or 
the potential for injury as a result of the activities described in the 
EA. The potential disturbance associated with the project would result 
in Steller sea lions entering the water; which they do as part of their 
normal pattern of behavior, and possibly flushing of groups of animals 
at pinniped haul-outs. This analysis concludes that implementation of 
rat eradication activities as described in the EA is not likely to 
adversely affect individual Steller sea lions on an individual or 
population level.

Pacific Harbor Seals

    The response of pinnipeds to proposed aircraft overflights varies 
from no discernable reaction to completely vacating haul outs after a 
single overflight (Calkins, 1979; Efroymson and Suter, 2001). 
Approaching aircraft generally flush animals into the water.
    During proposed staging operations, project managers will plan 
helicopter flight lines and boat travel to minimize the potential for 
disturbance to harbor seal haul-outs known from existing databases and 
surveys conducted prior to operations. However, in spite of these 
precautions, seals encountered unexpectedly during helicopter 
operations could be flushed from land temporarily. An individual seal's 
exposure to peak noise from the helicopter will be limited to animals 
that remain ashore, and is likely to be of short duration, as the 
elevation and speed of the helicopter (see Description of Activities, 
above) will limit the time that any single location is exposed to 
maximum noise.
    It will be more difficult to avoid known haul-out sites of Rat 
Island with the helicopter during proposed bait application because of 
the need for through coverage of the entire island. No young pups are 
expected on Rat Island during the fall. The impacts of disturbance to 
seals during molting (another sensitive period) will be minimized by 
timing overflights after the peak molting period is over.
    The sporadic personnel presence and temporary infrastructure 
installations that may be necessary near seal haul-outs during both 
proposed staging and bait application operations may result in 
localized disturbances, although this is much less likely to disturb 
animals than helicopter overflights. The camps and staging areas 
themselves will be well inland and will have negligible impacts on 
seals hauled out on the coastline.
    Overall, the short-term displacement from haul-out sites that is 
likely to occur as a result of helicopter noise and personnel 
activities is not anticipated to have any significant effect on overall 
energy balance or fitness of any individual animals.
    It is not likely that any harbor seals will suffer injury or the 
potential for injury as a result of project activities. Therefore, this 
analysis concludes that implementation of rat eradication activities is 
not likely to result in significant effects to harbor seals at an 
individual or population level.
    Variable numbers of sea lions and harbor seals typically haul out 
near bait application sites used for proposed eradication operations, 
with breeding activity occurring at one known site. Pinnipeds likely to 
be affected by rat eradication activity are those that are hauled out 
on land at or near bait application sites.
    Incidental harassment may result if hauled animals move away from 
the field crew personnel, watercraft, and aircraft. For the purpose of 
estimating the potential numbers of pinnipeds taken by these proposed 
activities, NMFS assumes that pinnipeds that move or change the 
direction of their movement in response to the presence of field crew 
personnel are taken by Level B Harassment. Although marine mammals will 
not be deliberately approached by field crew personnel during proposed 
operations, approach may be unavoidable if pinnipeds are hauled out 
directly upon the bait application sites. If disturbed, hauled-out 
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 rat 
eradication operations 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 Steller sea lions may trample sea lion pups if disturbed, 
which could potentially result in the injury or death of pups. However, 
to mitigate this risk, NMFS and USFWS proposes to include time of year 
restrictions to limit the presence of field crew personnel activities 
to months that

[[Page 34710]]

Steller sea lion and harbor seal dependent pups are not present at the 
bait application sites. Last, field crew personnel are to use great 
care approaching sites with pinnipeds and will leave as soon as 
possible to minimize effects. 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.
    For the purposes of estimating take in the IHA, NMFS estimates take 
as the total of all three categories of disturbed behavior recorded 
(discussed in the Proposed Monitoring and Reporting section below).

Number of Marine Mammals That May Be Affected

Rat Island

    Most of the disturbance associated with the Rat Island eradication 
will be a result of aircraft noise. The helicopters used to apply bait 
to the island will make two passes across most of the island to ensure 
success of the project. This could result in two harassment incidents 
of Steller sea lions and harbor seals that are hauled out at that time. 
The area surrounding a known Steller sea lion haul out at Krysi Point 
will be avoided by all activities other than bait application. Harbor 
seals use many parts of Rat Island shoreline and could also be affected 
by boat operations and personnel movements. Thus the number of takes 
was estimated at 2.5 for each individual of this species.
    Steller sea lions at Rat Island were counted during an aerial 
survey in 2004. The number of animals during that survey was increased 
to allow for potential population growth and then used to calculate the 
total take in Table 2 (below).
    The composition of Steller sea lions, which haul out away from 
rookeries, shifts between seasons and is not well understood. Although 
no pups are expected at Rat Island, determining the age and sex ratio 
of animals using the known haul out near Krysi Point in October is 
difficult at best. For this reason the number is calculated as adult 
and sub-adult animals without reference to the sex of these animals.
    Harbor seals at Rat Island were counted by an aerial survey in 
1999. The number of animals recorded during that survey was increased 
to allow for potential population growth and then used to calculate the 
total take in Table 2 (below). Information regarding the demographics 
of harbor seals on Rat Island is not available. The number of animals 
recorded in the 1999 survey was used to calculate a total number of 
harbor seal takes.

           Table 2. Estimated number of marine mammals affected by aircraft operations on Rat Island.
                                               M= male, F= female
----------------------------------------------------------------------------------------------------------------
                                          
                                  of take                                                       Total
           Species                 of       events   Pups  Pups  Subadults  Subadults  Adults  Adults  
                                Animals      per                    M F        M F       M F     M F    of Takes
                                            animal
----------------------------------------------------------------------------------------------------------------
Steller sea lion                   65          2       0     0       ?          ?         ?       ?       130
Pacific harbor seal               100        2.5       ?     ?       ?          ?         ?       ?       250
----------------------------------------------------------------------------------------------------------------

Ayugadak Point Rookery

    Project crews will attempt to access the Ayugadak Point islet by 
boat in early August. Landing will be attempted on a beach that is out 
of view of the rookery. The topography of the islet will allow bait 
stations to be installed without detection by animals on the rookery. 
The installation of bait stations will be conducted in a manner that 
will not disturb animals (adults and pups) on the rookery itself. 
Previous surveys at the islet have sometimes encountered one or two 
non-breeding bulls outside of the rookery area near the landing area. 
These were young or old bulls unable to hold a territory at the 
rookery. If weather allows a visit in August, a follow-up visit will be 
attempted in October and could result in a similar take event. A female 
with a dependent pup has not been encountered outside the rookery area 
on the islet. However, marine mammals can be unpredictable and this 
remote possibility cannot be completely discounted. A survey of Steller 
sea lions was conducted by NMFS in 2005. This survey data was increased 
to allow for potential population growth and then used to calculate the 
number of animals anticipated to be affected by this proposed operation 
plan in the table below. The numbers in the table below also reflect 
the remote possibility of encountering a female with a dependent pup 
outside the rookery area.
    There are no location-specific population estimates available for 
harbor seals on the islet off Ayugadak Point. However, the total take 
estimate of harbor seals in Table 2 (above) already takes proposed 
personnel activities, such as boat operation and bait station 
installation, into account. The harbor seal take estimate from Table 2 
(above) includes any harbor seals also present on the islet.

  Table 3. Estimated number of Steller sea lions affected by bait station installation visits to the islet near
                                       Ayugadak Point, August and October.
----------------------------------------------------------------------------------------------------------------
                                                
                                        of take                                                 Total
              Species                    of       events   Pups  Subadults  Subadults  Adults  Adults  
                                      Animals      per                                                  of Takes
                                                  animal
----------------------------------------------------------------------------------------------------------------
Steller sea lion                        320         2        1       10         0         9       1        42
----------------------------------------------------------------------------------------------------------------

    If project crews are not able to visit the islet off Ayugadak Point 
during either of the proposed planned visits in August and October, the 
islet would be aerially treated at the same time at Rat Island in 
October. The aerial broadcast

[[Page 34711]]

would require approximately 15 minutes of flight time, but would likely 
disturb all animals present at the time. Survey numbers from the NMFS 
survey in 2005 indicate the presence of 83 pups. By October, the pups 
will be of an adequate size to avoid being trampled by other animals 
and largely independent of their mothers. NMFS survey data was 
increased to allow for potential population growth and then used to 
calculate the number of animals affected by an aerial treatment of the 
islet in the table below.

 Table 4. Estimated number of Steller sea lions affected by possible aerial broadcast of the islet near Ayugadak
                                                 Point, October.
----------------------------------------------------------------------------------------------------------------
                                                                   
                                                           of take                              Total
                        Species                             of       events   Pups  Subadults  Adults  
                                                         Animals      per                               of Takes
                                                                     animal
----------------------------------------------------------------------------------------------------------------
Steller sea lion                                           320         1       100      0        220      320
----------------------------------------------------------------------------------------------------------------

    The distribution of pinnipeds hauled-out along the shorelines 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 shoreline farther away from proposed 
operations, only those animals hauled-out closest to the actual 
proposed operation sites are likely to be disturbed by the presence of 
field crew personnel activities and alter their behavior or attempt to 
move out of the way.
    As discussed earlier, the take estimates consider an animal to have 
been harassed if it moves away any distance in response to the presence 
of field crew personnel, watercraft, and/or aircraft, or if the animal 
is already moving and changed direction. 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 385 
Steller sea lions, and 100 Pacific harbor seals may be taken by 
incidental harassment as a result of this activity.
    The population size of the U.S. western stock of Steller sea lions 
is estimated to be 44,780, with a minimum population estimate of 38,988 
animals (Angliss and Outlaw, 2007). Population estimates for the U.S. 
Gulf of Alaska stock of Pacific harbor seals range from a minimum of 
44,453 to an average of 45,975 animals (Angliss and Outlaw, 2007). The 
estimated total possible number of individuals that will be 
incidentally harassed during the proposed project is 0.009 and 0.002 
percent of the respective Steller sea lion and harbor seal U.S. stock 
populations for these species. NMFS has determined that these are small 
numbers, relative to population estimates, of Steller sea lions and 
Pacific harbor seals.

Anticipated Impacts to Subsistence Users

    In the Aleutian Islands, rural residents harvest Steller sea lions 
and Pacific harbor seals for subsistence purposes. The proposed rat 
eradication operations described in the EA should have no effect on 
those subsistence uses. Rat Island is uninhabited and is located more 
than 322 km (200 mi) from the nearest rural community of Adak, Alaska. 
The subsistence resources used by rural residents in the Aleutian 
Islands are harvested near the islands where the communities are 
located. Rat Island is not known to have been used for subsistence 
purposes since the 1800's.

Anticipated Impact of the Proposed Activity upon Marine Mammal Habitat

    NMFS anticipates the proposed rat eradication operations described 
in the IHA application and this document will result in no impacts to 
the habitat of marine mammals in the Rat Island area beyond rendering 
the areas immediately around each of the baiting application and 
broadcasting sites less desirable as haul-out sites for a short time 
period during the length of the action. Helicopter and field crew 
operations will occasionally need to occur within the Steller sea lion 
``no-entry zones'' established by 50 CFR 223.202. Although Level B 
harassment is expected to occur in some instances, these proposed 
activities will not result in the physical alteration of habitat or 
lead to any effects on the prey base of Steller's sea lions or harbor 
seals. The proposed rat eradication project should not result in the 
loss or modification of marine mammal habitat and the application of 
rodenticide bait is not likely to affect marine mammals during the 
described operations.

Proposed Mitigation

    Several mitigation measures to reduce the potential for harassment 
from rat population eradication operations would be (or are proposed to 
be implemented) implemented as part of the proposed USFWS activities. 
The risk of injury or mortality would be avoided with the following 
proposed measures.

Timing

    The proposed rat eradication program will include all measures 
possible to minimize marine mammal disturbance. This will be especially 
critical during periods when Steller sea lions and harbor seals are 
giving birth, mating, rearing young, and molting. Disturbances to 
females with dependent pups (in the cases of Steller sea lions and 
Pacific harbor seals) will be mitigated to the greatest extent 
practicable by avoiding visits to baiting sites with resident pinnipeds 
during periods of breeding, lactation, and molting. During this period, 
proposed rat eradication operations would be limited to sites where 
pinniped breeding, post-partum nursing, and molting does not occur.
    The reproductive period for Steller sea lions is generally late May 
through early July, with a peak in the second and third weeks of June 
(Pitcher and Calkins, 1981; Gisiner, 1985). Pups stay on land for about 
two weeks, after which they spend increasing time in nearshore waters 
until they begin to disperse from rookeries to haul-outs with females 
at about 2.5 months of age (Raum-Suryan et al., 2004; Maniscalco et 
al., 2002, 2006). In the Aleutian Island area, most pupping is complete 
by the last week of June and dispersal should occur by mid-September. 
Molting in Steller sea lions varies by age and sex and is known to last 
about 45 days. Juveniles molt first, followed by adult females, bulls 
and pups (Daniel, 2003). The molt should be nearly

[[Page 34712]]

completed during the proposed planned bait application period.
    Harbor seals typically give birth during May and June. Pups are 
usually weaned within a month and no longer need to be close to their 
mothers. The peak molting period occurs between August and September 
(Jemison and Kelly, 2001; Daniel et al., 2003).
    Conducting proposed bait application operations after marine mammal 
breeding and molting is complete reduces the potential for disturbances 
to these species during the sensitive periods of breeding, pup rearing, 
and molting. Limiting visits to the breeding, lactation, and molting 
sites to periods when these activities do not occur will reduce the 
possibility of incidental harassment and the potential for injury or 
mortality of dependent Steller sea lion pups and Pacific harbor seals 
to near zero.

Proposed Operations

    Mitigation of the impacts on affected pinnipeds requires that field 
crew personnel are judicious in the route of approach to haul-out sites 
and/or rookeries, avoiding close contact with pinnipeds hauled-out on 
shore. In no case will marine mammals be deliberately approached by 
field crew personnel, and in all cases every possible measure will be 
taken to select a pathway of approach to baiting sites that minimizes 
the number of marine mammals harassed. After each visit to a given 
baiting site, the site will be vacated as soon as possible so that it 
can be re-occupied by hauled-out marine mammals that may have been 
disturbed by the presence of field crew personnel.
    Steller sea lions have a persistent haul-out at Krysi Point at the 
west end of Rat Island and a rookery on the islet off Ayugadak Point. 
Steller sea lions are likely to haul-out at other locations on Rat 
Island as well. During staging operations, helicopter flight lines will 
avoid the rookery, the known haul-out sites discovered prior to 
helicopter operations. Unlike during staging, it will be more difficult 
to avoid known haul-out sites on Rat Island with the helicopter during 
bait application because of the need for thorough coverage of the 
island.
    Disturbance from installation of bait stations on the islet off 
Ayugadak Point is likely to be limited to the few-hour period when 
field crew personnel are present on the island. To prevent disturbance 
to the rookery, the islet will be approached slowly in a small boat, 
from the side of the island opposite and out of site of the rookery. 
This will prevent any possibility of stampede. While on the islet, 
personnel will remain out of sight of the rookery and conduct the 
installation as quickly as possible.
    If a successful installation is completed in August, the bait 
stations on the islet will need to be replenished in October. Again, 
the approach to the island will be slow, and opposite the rookery. A 
few non-breeding animals could be displaced during the bait station 
check. If it is not possible to land a skiff of the islet, the island 
will be baited with the helicopter as described in the EA and IHA 
application. The helicopter baiting will likely be completed in 
approximately 15 minutes and disturbance to Steller sea lions is likely 
to be very short term.
    Harbor seals will also be avoided to the greatest extent possible 
during helicopter operations. During staging operations, project 
managers will plan helicopter flight lines and boat travel to minimize 
the potential for disturbance to harbor seal haul-outs known from 
existing databases and surveys conducted prior to the operations. 
Unlike during staging it will be more difficult to avoid known haul 
sites on Rat Island with the helicopter during bait application because 
of the need for thorough coverage of the entire island.

Field Crew Personnel

    The Steller sea lion haul-out at Krysi Point on Rat Island will be 
avoided by personnel involved with this proposed project. The sporadic 
personnel presence and temporary infrastructure installations that may 
be necessary near harbor seal haul-outs during both staging and bait 
application operations may result in localized disturbances, although 
this is much less likely to disturb animals than proposed helicopter 
overflights. The camps and staging areas themselves will be well inland 
and will have negligible impacts on Steller sea lions and harbor seals 
hauled out on the coastline.

Proposed Monitoring and Reporting

    When marine mammals are encountered during the project, personnel 
will record information regarding species, distribution, behavior, and 
number of animals. When conditions permit, information regarding sex, 
age (pup, sub-adult, adult) and any marked animals will also be 
recorded. As part of the proposed monitoring, USFWS will record the 
numbers of disturbed animals that flush into the water, the number that 
move more than 1 m (3.3 ft), but do not enter the water, and the number 
that become alert and move, but do not move more than 1 m. Upon 
completion of the project, this information will be compiled and 
provided to NMFS.
    Aircraft and personnel activities related to the proposed project 
will be coordinated to reduce potential take. The staff of AMNWR and 
their partners will evaluate incidental take and stop any operations 
should the potential for incidental take be too great.
    Proposed monitoring requirements in relation to USFWS rat 
eradication operations will include observations made by the applicant 
and field crew personnel associated with the action. Information 
recorded will include species counts (with numbers of pups), numbers of 
observed disturbances, and descriptions of the disturbance behaviors 
during the proposed rat eradication operations. Observations of unusual 
behaviors, numbers, or distributions of pinnipeds on Rat Island will be 
reported to NMFS during and after the project, 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 NMFS.
    If at any time injury or death of any marine mammal occurs that may 
be a result of the proposed rat population eradication operations, 
USFWS will suspend baiting application and broadcasting 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.
    A draft final report must be submitted to NMFS within 90 days after 
the conclusion of the field season. 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.

ESA

    For the reasons already described in this Federal Register Notice, 
NMFS has determined that the described rat population extermination 
operations and the accompanying IHA may have an effect on species or 
critical habitat protected under the ESA (specifically, the Steller sea 
lion). Therefore, consultation under Section 7 is required and will be 
concluded prior to issuance of an IHA.

[[Page 34713]]

National Environmental Policy Act (NEPA)

    USFWS prepared an Environmental Assessment (EA) of Restoring 
Wildlife Habitat on Rat Island, AK, and a Finding of No Significant 
Impact (FONSI), which analyzed the proposed issuance of an IHA for 
these activities and operations. A copy of the EA and FONSI are 
available upon request (see ADDRESSES). NMFS is reviewing this EA and 
will either adopt it or prepare its own NEPA document before making a 
determination on the issuance of an IHA to the USFWS on this activity.

Conclusions

    Based on the USFWS' application, as well as the analysis contained 
herein, NMFS has preliminarily determined that the impact of the 
described rat extermination at Rat Island will result, at most, in a 
temporary modification in behavior by small numbers of Steller sea 
lions and Pacific harbor seals, in the form of head alerts, movement 
away from personnel, watercraft and aircraft, and/or flushing from the 
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 
and not have an unmitigable adverse impact on subsistence uses of 
marine mammals.

Proposed Authorization

    NMFS proposes to issue an IHA to the USFWS for the harassment of 
Steller sea lions and Pacific harbor seals incidental to non-native rat 
population extermination operations, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: June 12, 2008.
Tammy C. Adams,
Acting Chief, Permits, Conservation, and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E8-13786 Filed 6-17-08; 8:45 am]
BILLING CODE 3510-22-S