[Federal Register Volume 74, Number 167 (Monday, August 31, 2009)]
[Notices]
[Pages 44822-44824]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-20951]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XP18


Marine Mammals; Record of Decision; File Nos. 14324 through 
14337, Except 14333

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

ACTION:  Notice; Record of Decision and issuance of permits.

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SUMMARY:  Notice is hereby given that NMFS issued a new Record of 
Decision (ROD) on August 10, 2009, for the Final Programmatic 
Environmental Impact Statement (PEIS) for Steller Sea Lion and Northern 
Fur Seal Research. Subsequently, 12 permits were issued to conduct 
research on Steller sea lions (Eumetopias jubatus) and northern fur 
seals (Callorhinus ursinus) throughout their ranges in the United 
States.

ADDRESSES:  The permits and related documents are available for review 
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)713-0376; and Alaska Region, NMFS, 
P.O. Box 21668, Juneau, AK 99802-1668; phone (907)586-7221; fax 
(907)586-7249.

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

SUPPLEMENTARY INFORMATION: On May 13, 2009, notice was published in the 
Federal Register (74 FR 22518) that requests for permits to conduct 
research on marine mammals had been submitted by various applicants. 
The requested permits have been issued under the authorities of the 
Marine Mammal Protection Act of 1972, as amended (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 parts 222-226), and the Fur Seal Act of 1966, as amended (16 
U.S.C. 1151 et seq.). The permits are valid through August 31, 2014.
    File No. 14324: The permit issued to Alaska SeaLife Center (ASLC), 
Seward, AK, (Principal Investigator: John Maniscalco) authorizes them 
to

[[Page 44823]]

investigate causes for the Steller sea lion population decline and 
determine what is currently limiting its recovery. Research will 
involve: disturbance associated with capture, observational studies, 
and material/scat/carcass collection; capture, restraint, and sampling; 
and remote biopsy. Captured sea lions will undergo morphometrics 
measurement; blood and tissue collection; digital imaging; hot-
branding; body condition measurement; whisker, hair, and milk sampling; 
temporary marking; and ultrasound exams. Research will occur in the 
Gulf of Alaska and Aleutian Islands, on Steller sea lions of the 
western Distinct Population Segment (DPS). The permit also authorizes 
annual unintentional mortality of Steller sea lions from the western 
DPS.
    File No. 14325: The permit issued to the Alaska Department of Fish 
and Game (ADF&G), Division of Wildlife Conservation, Juneau, AK, 
(Principal Investigator: Lorrie Rea, Ph.D.), authorizes them 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 will involve: incidental disturbance during aerial surveys 
(eastern DPS); disturbance of animals on rookeries and haulouts during 
brand resighting surveys (eastern and western DPS) and incidental to 
scat collection, capture for instrument attachment, capture for 
branding, capture method development, physiological research and sample 
collection (eastern and western DPS); permanent marking of pups for 
long-term demographic and distribution studies, capture of older 
animals (eastern and western DPS) for physiological assessment and 
attachment of scientific instruments to investigate foraging ecology, 
diving behavior and habitat use. Additional animals of any age may be 
instrumented without capture (eastern and western DPS). The permit also 
authorizes unintentional mortality of Steller sea lions from the 
western DPS and 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 permit issued to NMFS National Marine Mammal 
Laboratory (NMML), Seattle, WA, (Principal Investigator: Tom Gelatt, 
Ph.D.), authorizes them 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 sea lions may be exposed to aerial surveys, rookery-based 
activities, and other incidental activities. Steller sea lions that are 
captured will have blood, skin, and swab samples collected; be hot-
branded, have blubber and lesions biopsied, vibrissa removed; and 
stomach intubation. Instruments will be attached to some animals and 
others will receive a non-permanent mark if not hot-branded. 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. The permit also authorizes 
unintentional mortality of Steller sea lions from the western DPS and 
the eastern DPS.
    File No. 14327: The permit issued to NMML, (Principal Investigator: 
Rolf Ream, Ph.D.), authorizes them 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 will 
involve: capture, restraint, sampling, and incidental disturbance. 
Research on the Eastern Pacific stock will involve: capture, restraint, 
sampling, and incidental disturbance. The permit also authorizes 
research-related mortality of fur seals from the San Miguel Island 
Stock and the Eastern Pacific stock. Western DPS Steller sea lions and 
California sea lions may be harassed annually incidental to the 
research.
    File No. 14328: The permit issued to ASLC, (Principal Investigator: 
Alan Springer, Ph.D.) authorizes them 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. 
Animals in AK would be captured, satellite tagged, blubber biopsied, 
blood sampled, and a vibrissa would be pulled for stable isotope 
analysis. Northern fur seals in AK may be incidentally harassed during 
the research activities. The permit also authorizes research-related 
mortality of fur seals.
    File No. 14329: The permit issued to the North Pacific Universities 
Marine Mammal Research Consortium (NPUMMRC), University of British 
Columbia, Vancouver, B.C., Canada, (Principal Investigator: Andrew 
Trites, Ph.D.) authorizes them to test hypotheses that might explain 
the decline of northern fur seals in AK and offer solutions for 
recovery. The research includes studies on foraging ecology, 
demographics, behavior, and changes in body size. Research activities 
involve: disturbance associated with capture, observational studies, 
and scat collection; and capture, restraint, tissue sampling, and 
marking. The permit also authorizes research-related mortality of 
northern fur seals.
    File No. 14330 and File No. 14331: The permits issued to the Aleut 
Community of St. Paul Island (ACSPI), Tribal Government, Ecosystem 
Conservation Office, St. Paul Island, AK, (File No. 14330), (Principal 
Investigator: Phillip A. Zavadil), and Aleut Community of St. George 
Island (ACSGI), St. George Traditional Council, St. George Island, AK, 
(File No. 14331), (Principal Investigator: Chris Merculief), authorize 
them to conduct activiites 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 will occur on St. Paul Island, AK and 
work by ACSGI will occur on St. George Island, AK. The permits 
authorize incidental disturbance of northern fur seals on St. Paul 
Island and St. George Island during (1) disentanglement events, (2) the 
collection of biological samples from dead stranded and subsistence 
hunted marine mammals, and (3) haulout and rookery observations, 
monitoring, and remote camera maintenance. Samples will be exported to 
researchers studying the decline of northern fur seals. Steller sea 
lions and harbor seals may be disturbed during the course of these 
activities. The permits also authorize research-related mortality of 
northern fur seals.
    File No. 14334: The permit issued to the ASLC, (Principal 
Investigator: Lori Polasek, Ph.D.), authorizes them to investigate 
reproductive physiology of captive adult Steller sea lions (permanently 
captive eastern stock) and survival, growth, and physiology of captive-
bred offspring. They may also deploy biotelemetry instruments on the 
captives to develop and validate methods for monitoring wild Steller 
sea lions. Research will be conducted on one adult male, up to four 
adult females, and up to six offspring, and will 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;

[[Page 44824]]

and attachment of biotelemetry instrumentation. The permit also 
provides for 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. The permit allows 
for research-related mortality of captive Steller sea lions.
    File No. 14335: The permit issued to the ASLC, (Principal 
Investigator: JoAnn Mellish, Ph.D.), authorizes them to investigate the 
decline of the western stock of Steller sea lions and its failure to 
recover, and to assist recovery efforts. Data may be obtained on 
juvenile survival, epidemiology, endocrinology, immunology, virology, 
physiology, ontogenetic and annual body condition cycles, foraging 
behavior and habitat selection. Pups and juveniles of both sexes in the 
Gulf of Alaska will be captured each year, with a subset of juveniles 
selected for temporary quarantine captivity at the ASLC. Research 
activities involve capture, drug administration, anesthesia, fecal and 
urine collection, external and internal instruments, marking, 
morphometrics, behavioral observations, photogrammetry, tissue 
sampling, ultrasound, and x-ray. The permit also authorizes research 
related mortality of Steller sea lions from the western DPS.
    File No. 14336: The permit issued to Markus Horning, Ph.D., Marine 
Mammal Institute, Oregon State University, Newport, OR authorizes him 
to continue studies related to validation of surgically implanted 
scientific instruments called Life History Transmitters (LHX tags), for 
determining survival rates, emigration, causes of mortality, predation, 
and collecting long-term forage effort data in juvenile Steller sea 
lions. LHX tags will 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 will be conducted at Long Island, AK and Sea Lion Caves and 
Cascade Head, OR. The permit also authorizes research-related 
mortalities of eastern DPS Steller sea lions.
    File No. 14337: The permit issued to the NPUMMRC, (Principal 
Investigator: Andrew Trites, Ph.D.), authorizes them to conduct studies 
of Steller sea lion diets, distributions, life history traits, 
physiology and the timing of weaning in AK. NPUMMRC will also permit 
activities to evaluate pain experienced by Steller sea lions during 
hot-iron branding conducted by researchers operating under separate 
permits. Research activities include: disturbance associated with 
capture, observational studies, and scat collection; and capture, 
restraint, tissue sampling, and marking. The permit also authorizes 
research-related mortality of eastern DPS and western DPS sea lions. 
The permit authorizes harassment of northern fur seals, California sea 
lions, northern elephant seals, harbor seals, and killer whales 
(Orcinus orca) in AK 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.), NMFS completed a Final PEIS for Steller Sea 
Lion and Northern Fur Seal Research to provide decision-makers, and the 
public, with an evaluation of the environmental effects of funding and 
permitting a research program for Steller sea lions and northern fur 
seals for the next five to ten years. In a ROD signed on August 10, 
2009, NMFS identified the Preferred Alternative (Alternative 4: 
Research Program with Full Implementation of Conservation Goals) as its 
preferred strategy for issuance of grants and permits for scientific 
research on these species. This alternative allows the agency to fully 
implement the recommendations in the species' conservation and recovery 
plans. Subsequent to completion of the PEIS, and prior to the ROD, NMFS 
developed additional policy and guidance to improve the implementation 
of the Steller sea lion and Northern fur seal research permit program. 
For additional information about the PEIS, please see the project 
webpage at http://www.nmfs.noaa.gov/pr/permits/eis/steller.htm. NMFS 
has determined that the activities in the above permits are consistent 
with the Preferred Alternative, and that issuance of the permits would 
not have a significant adverse impact on the human environment.
    Issuance of the permits, as required by the ESA, were based on a 
finding that such permits: (1) were applied for in good faith; (2) will 
not operate to the disadvantage of such endangered species; and (3) are 
consistent with the purposes and policies set forth in section 2 of the 
ESA.

    Dated: August 25, 2009.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of 
Protected Resources, National Marine Fisheries Service.
[FR Doc. E9-20951 Filed 8-28-09; 8:45 am]
BILLING CODE 3510-22-S