[Federal Register Volume 74, Number 91 (Wednesday, May 13, 2009)]
[Notices]
[Pages 22518-22520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11198]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP18


Marine Mammals; File Nos. 14324 through 14337, except 14333

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

ACTION:  Notice; receipt of applications.

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SUMMARY:  Notice is hereby given that the following institutions, 
organizations, and individuals have applied for permits to conduct 
research on Steller sea lions (Eumetopias jubatus) and northern fur 
seals (Callorhinus ursinus): Alaska SeaLife Center (ASLC), Seward, AK; 
Alaska Department of Fish and Game (ADF&G), Division of Wildlife 
Conservation, Juneau, Alaska; NMFS National Marine Mammal Laboratory 
(NMML), Seattle, WA; North Pacific Universities Marine Mammal Research 
Consortium (NPUMMRC), University of British Columbia, Vancouver, B.C., 
Canada; Aleut Community of St. Paul Island (ACSPI), Tribal Government, 
Ecosystem Conservation Office, St. Paul Island, AK; Aleut Community of 
St. George Island (ACSGI), St. George Traditional Council, St. George 
Island, AK; and Markus Horning, Ph.D., Marine Mammal Institute, Oregon 
State University, Newport, OR.

DATES:  Written, telefaxed, or e-mail comments must be received on or 
before June 29, 2009.

ADDRESSES:  The applications and related documents are available for 
review by selecting ``Records Open for Public Comment'' from the 
Features box on the Applications and Permits for Protected Species 
(APPS) home page, https://apps.nmfs.noaa.gov, and then selecting the 
applicable File No. from the list of available applications.
    These documents are also available upon written request or by 
appointment in the following office(s):
    Permits, Conservation and Education Division, Office of Protected 
Resources, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 
20910; phone (301) 713-2289; fax (301) 427-2521;
    Northwest Region, NMFS, 7600 Sand Point Way NE, BIN C15700, Bldg. 
1, Seattle, WA 98115-0700; phone (206) 526-6150; fax (206) 526-6426;
    Alaska Region, NMFS, P.O. Box 21668, Juneau, AK 99802-1668; phone 
(907) 586-7221; fax (907) 586-7249; and
    Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long 
Beach, CA 90802-4213; phone (562) 980-4001; fax (562) 980-4018.
    Written comments on these applications should be mailed to the 
Chief, Permits, Conservation and Education Division at the address 
listed above. Comments may also be submitted by facsimile to (301) 427-
2521, or by email to [email protected]. Please include the 
applicable File No. in the subject line of the e-mail comment.
    Those individuals requesting a public hearing should submit a 
written request to the Chief, Permits, Conservation and Education 
Division at the address listed above. The request should set forth the 
specific reasons why a hearing on a particular application would be 
appropriate.

FOR FURTHER INFORMATION CONTACT: Tammy Adams, Kate Swails, or Amy 
Sloan, (301) 713-2289.

SUPPLEMENTARY INFORMATION: The subject permits are requested under the 
authority of the Marine Mammal Protection Act of 1972, as amended 
(MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking 
and importing of marine mammals (50 CFR part 216), the Endangered 
Species Act of 1973, as amended (ESA; 16 U.S.C. 1531 et seq.), the 
regulations governing the taking, importing, and exporting of 
endangered and threatened species (50 CFR 222-226), and the Fur Seal 
Act of 1966, as amended (16 U.S.C. 1151 et seq.). The following are 
brief summaries of the applications. For details, please review the 
actual permit applications, available on-line or by written request 
(see ADDRESSES).
    File No. 14324: The applicant, ASLC, (Principal Investigator: John 
Maniscalco), requests a five-year permit to investigate causes for the 
Steller sea lion population decline and determine what is currently 
limiting its recovery. Research would involve (maximum number of 
animals per year in parentheses): disturbance associated with capture, 
observational studies, and material/scat/carcass collection (8,500); 
capture, restraint, and sampling (200); and remote biopsy (150). 
Captured sea lions would undergo morphometrics measurement; blood and 
tissue collection; digital imaging; hot-branding; body condition 
measurement;

[[Page 22519]]

whisker, hair, and milk sampling; temporary marking; and ultrasound 
exams. Research would occur in the Gulf of Alaska and Aleutian Islands, 
on Steller sea lions of the western Distinct Population Segment (DPS). 
The applicant also requests authorization for annual unintentional 
mortality of 1 Steller sea lion from the western DPS.
    File No. 14325: The applicant, ADF&G, (Principal Investigator: 
Lorrie Rea, Ph.D.), requests a five-year permit to continue a long-term 
research program investigating the various hypotheses for the decline 
or lack of recovery of Steller sea lions in AK. Research would involve 
(maximum number of animals per year in parentheses): incidental 
disturbance during aerial surveys (20,000 eastern DPS); disturbance of 
animals on rookeries and haulouts during brand resighting surveys 
(30,000 eastern DPS, 8,000 western DPS) and incidental to scat 
collection, capture for instrument attachment, capture for branding, 
capture method development, physiological research and sample 
collection (83,700 eastern DPS, and 8,700 western DPS); permanent 
marking of pups for long-term demographic and distribution studies 
(800), capture of older animals (20 western DPS, 60 eastern DPS) for 
physiological assessment and attachment of scientific instruments to 
investigate foraging ecology, diving behavior and habitat use. An 
additional 200 animals of any age may be instrumented without capture 
(150 eastern DPS, 50 western DPS). The applicant also requests 
authorization for annual unintentional mortality of 5 Steller sea lions 
from the western DPS and 10 Steller sea lions from the eastern DPS. 
Harbor seals (Phoca vitulina richardsi), northern fur seals, and 
California sea lions (Zalophus californianus) may be disturbed 
incidentally during the course of this research
    File No. 14326: The applicant, NMML, (Principal Investigator: Tom 
Gelatt, Ph.D.), requests a five-year permit to measure population 
status, vital rates, foraging ecology, habitat requirements, and 
effects of natural and anthropogenic factors for Steller sea lion in 
the North Pacific Ocean, including rookeries and haulouts in CA, OR, 
WA, and AK. Annually in the western DPS, up to 59,500 sea lions may be 
exposed to aerial surveys, 1,000-6,520 to rookery-based activities, and 
12,700 to other incidental activities. Up to 600 Steller sea lions 
could be captured, with up to 190 having blood, skin, and swab samples 
collected, 250 hot-branded, and up to 50 blubber and lesion biopsied, 
vibrissa removed, and subject to stomach intubation. Instruments would 
be attached on up to 50, and 50 would receive a non-permanent mark if 
not hot-branded. Annually in the eastern DPS, up to 27,800 may be 
exposed to aerial surveys, and 13,100 to incidental activities. Up to 
220 could be captured, and have blood, skin, blubber, fecal, and 
culture samples collected, a vibrissa removed, hot-brand, tag or non-
permanent mark applied, and have an instrument attached. Non-target 
species that may be harassed incidental to Steller sea lion research 
include northern fur seals in AK, California sea lions and northern 
elephant seals (Mirounga angustrirostris) in WA, OR, and CA, and harbor 
seals (P. vitulina) in all states.
    File No. 14327: The applicant, NMML, (Principal Investigator: Rolf 
Ream, Ph.D.), requests a five-year permit to investigate population 
status and trends, demographic parameters, health and condition, and 
foraging ecology of northern fur seals in U.S. waters, including 
rookeries and haulouts in CA and AK. Research on the San Miguel Island 
stock would involve (maximum number of animals per year in 
parentheses): capture, restraint, and sampling (700) and incidental 
disturbance (35,725). Research on the Eastern Pacific stock would 
involve (maximum number of animals per year in parentheses): capture, 
restraint and sampling (22,820 in 3 of 5 years; 9,320 in 2 of 5 years) 
and incidental disturbance (355,125 in 3 of 5 years; 156,000 in 2 of 5 
years). The applicant requests authorization for research-related 
mortality of 7 animals per year from the San Miguel Island Stock and 11 
animals per year from the Eastern Pacific stock. The applicant also 
requests authorization for incidental harassment of 150 western DPS 
Steller sea lions and 18,700 California sea lions annually.
    File No. 14328: The applicant, ASLC, (Principal Investigator: Alan 
Springer, Ph.D.), requests a five-year permit to characterize the 
winter habitat, movement patterns, diets and general health of adult 
male northern fur seals in the Bering Sea and northern North Pacific 
Ocean. Annually, up to 5 animals in AK would be captured, satellite 
tagged, blubber biopsied, blood sampled, and a vibrissa would be pulled 
for stable isotope analysis. Up to 200 northern fur seals in AK may be 
incidentally harassed during the research activities. The applicant 
requests authorization for 1 research-related mortality per year.
    File No. 14329: The applicant, NPUMMRC, (Principal Investigator: 
Andrew Trites, Ph.D.) requests a five-year permit to test hypotheses 
that might explain the decline of northern fur seals in AK and offer 
solutions for recovery. The proposed research includes studies on 
foraging ecology, demographics, behavior, and changes in body size. The 
applicant also proposes to complete a pilot study to determine the 
feasibility of branding as a viable marking method. Research activities 
would involve (maximum number of animals per year in parentheses): 
disturbance associated with capture, observational studies, and scat 
collection (39,130); and capture, restraint, tissue sampling, and 
marking (2,335). NPUMMRC requests authorization for the annual 
research-related mortality of 14 adult females, 8 juvenile males, and 
24 pups. NPUMMRC also requests authorization for harassment of 600 
western DPS Steller sea lions annually incidental to the research.
    File No. 14330 and File No. 14331: The applicants, ACSPI (File No. 
14330), (Principal Investigator: Phillip A. Zavadil), and ACSGI (File 
No. 14331), (Principal Investigator: Chris Merculief), request five-
year permits to fulfill their Biosampling, Disentanglement, and Island 
Sentinel program responsibilities as established under the co-
management agreement between NMFS and the Aleut Communities. Work by 
ACSPI would occur on St. Paul Island, AK and work by ACSGI would occur 
on St. George Island, AK. The applicants request authorization for 
incidental disturbance of up to 850 northern fur seals on St. Paul 
Island and 450 animals per year on St. George Island during the 
collection of biological samples from dead stranded and subsistence 
hunted marine mammals. These samples would be exported to researchers 
studying the decline of northern fur seals. Annually, up to 8,500 
northern fur seals on St. Paul Island and 6,050 on St. George Island 
may be disturbed during disentanglement events. The Island Sentinel 
program may result in the disturbance of up to 3,400 northern fur seals 
per year on St. Paul Island and 9,000 animals on St. George Island 
during haulout and rookery observations, monitoring, and remote camera 
maintenance per year. Steller sea lions and harbor seals may be 
disturbed during the course of these activities.
    File No. 14334: The applicant, ASLC, (Principal Investigator: Lori 
Polasek, Ph.D.), requests a five-year permit to investigate 
reproductive physiology of captive adult Steller sea lions (permanently 
captive eastern stock) and survival, growth, and physiology of captive-
bred offspring. ASLC also

[[Page 22520]]

proposes to deploy biotelemetry instruments on the captives to develop 
and validate methods for monitoring wild Steller sea lions. Research 
would be conducted on one adult male, up to four adult females, and up 
to six offspring, and would include the following activities: mass and 
morphometric measurements; ultrasound; capture, sedation, and 
anesthesia; blood sampling and administration of Evan's blue dye and 
deuterium oxide; feces, urine, semen, and milk collection; video/audio 
recordings; genital swabs; radiographs; dietary supplements; blubber 
biopsy; and attachment of biotelemetry instrumentation. ASLC also 
requests authorization to transfer to and import from approved North 
American facilities up to two male and four female Steller sea lions, 
not to exceed 11 animals held at ASLC for use in research. ASLC 
requests up to two research-related mortalities over the course of the 
permit. No research would occur on wild populations or affect non-
target species.
    File No. 14335: The applicant, ASLC, (Principal Investigator: JoAnn 
Mellish, Ph.D.), requests a five-year permit to investigate the decline 
of the western stock of Steller sea lions and its failure to recover, 
and to assist recovery efforts. Data would be obtained on juvenile 
survival, epidemiology, endocrinology, immunology, virology, 
physiology, ontogenetic and annual body condition cycles, foraging 
behavior and habitat selection. Up to 20 pups (8-11 months) and 32 
juveniles (12-48 months) of both sexes may be captured per year, with a 
subset of up to 12 juveniles (12- 48 months) of both sexes selected for 
temporary quarantine captivity at the South Beach facility at the ASLC. 
Research activities would include capture/handle/release (floating 
trap, underwater lasso), drug administration (IM, IV, oral, 
subcutaneous, topical), anesthesia, temporary captivity, fecal and 
urine collection, instrument attachment (external and internal), 
marking, measuring, behavioral observations, photogrammetry, restraint, 
sampling (blood, blubber biopsy, clip hair, fecal swab, blubber and 
muscle biopsy, nasal swab, oral swab, skin biopsy, vibrissae pull, 
stable isotopes and serial blood samples), transport, ultrasound, 
unintentional mortality, weigh and x-ray. Up to 3,500 individuals of 
all ages, either sex, may be incidentally harassed annually. Two 
research-related mortalities per year are requested. The location of 
activities would include the Gulf of Alaska and the ASLC.
    File No. 14336: The applicant, Dr. Horning, requests a five-year 
permit to determine survival rates, emigration, causes of mortality, 
predation, and collect long-term forage effort data, in juvenile 
eastern DPS sea lions, using surgically implanted scientific 
instruments called Life History Transmitters (LHX tags). Up to 50 pups 
and 50 juveniles of both sexes would be captured for sampling and LHX 
tag deployment at Hazy Islands and in Frederick Sound, AK annually (100 
animals total per age class). LHX tags would also be opportunistically 
deployed in carcasses of dead Steller sea lions in AK, OR, and CA, and 
in California sea lions in OR and CA to assess uplink failure rates. 
Remote monitoring (using still, video, and infrared cameras) for 
censusing, brand re-sighting, attendance patterns, and estimating body 
mass, condition and health trends would be conducted at Long Island, AK 
and Sea Lion Caves and Cascade Head, OR. Up to 900 individuals of all 
ages and either sex in the western DPS and 8,800 in the eastern DPS of 
all ages may be incidentally harassed annually. The applicant also 
requests authorization for 5 research-related mortalities of eastern 
DPS animals per year.
    File No. 14337: The applicant, NPUMMRC, (Principal Investigator: 
Andrew Trites, Ph.D.), requests a five-year permit to conduct studies 
of Steller sea lion diets, distributions, life history traits, 
physiology and the timing of weaning in AK. NPUMMRC also proposes to 
evaluate pain experienced by Steller sea lions during hot-iron branding 
conducted by researchers operating under separate permits. Research 
activities would involve (maximum number of animals per year in 
parentheses): disturbance associated with capture, observational 
studies, and scat collection (10,720 eastern DPS; 28,220 western DPS); 
and capture, restraint, tissue sampling, and marking (126 eastern DPS; 
206 western DPS). NPUMMRC requests authorization for the annual 
research-related mortality of 2 eastern DPS pups, 2 western DPS pups 
during marking and 4 eastern DPS sea lions of any age, and 4 western 
DPS sea lions of any age during other studies. NPUMMRC also requests 
authorization for harassment of 15 northern fur seals, 5 California sea 
lions, 10 northern elephant seals, 60 harbor seals, and 5 killer whales 
(Orcinus orca) in AK annually incidental to the research on Steller sea 
lions.
    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), an initial determination has been made that 
the activities proposed are consistent with the Preferred Alternative 
in the Final Programmatic Environmental Impact Statement (PEIS) for 
Steller Sea Lion and Northern Fur Seal Research (NMFS 2007), and that 
issuance of the permits would not have a significant adverse impact on 
the human environment.
    As established under the Preferred Alternative, NMFS proposes to 
authorize annual cumulative research-related mortality of up to 15 
percent of the Potential Biological Removal levels for each stock. 
These annual allowances would include observed and unobserved 
mortalities, and be calculated based on the nature of the research. The 
numbers of research-related mortalities permitted may be higher or 
lower than those requested by the applicants.
    Concurrent with the publication of this notice in the Federal 
Register, NMFS is forwarding copies of the applications to the Marine 
Mammal Commission and its Committee of Scientific Advisors.

    Dated: May 7, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-11198 Filed 5-12-09; 8:45 am]
BILLING CODE 3510-22-S