[Federal Register Volume 74, Number 224 (Monday, November 23, 2009)]
[Notices]
[Pages 61107-61112]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-28065]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XS68


Incidental Takes of Marine Mammals During Specified Activities; 
Seabird and Pinniped Research Activities in Central California

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

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

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, regulations, NMFS has received an application from PRBO 
Conservation Science (PRBO) for an Incidental Harassment Authorization 
(IHA) to take small numbers of marine mammals, by incidental 
harassment, while conducting proposed seabird and

[[Page 61108]]

pinniped research activities on Southeast Farallon Island, A[ntilde]o 
Nuevo Island, and Point Reyes National Seashore in central California. 
Pursuant to the MMPA, NMFS requests comments on its proposal to 
authorize PRBO to incidentally take, by Level B harassment only, small 
numbers of marine mammals, at Southeast Farallon Island, A[ntilde]o 
Nuevo Island, and Point Reyes National Seashore for one year. Since the 
proposed activities would occur in the vicinity of pinniped haul out 
sites, marine mammals could be disturbed as a result of seabird 
research and human presence; therefore, PRBO has requested an IHA.

DATES: Comments and information must be received no later than December 
23, 2009.

ADDRESSES: Comments on the application should be addressed 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. 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.
    All comments received are a part of the public record and will 
generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    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#applications.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

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

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371 (a)(5)(D)) directs 
the Secretary of Commerce (Secretary) to allow, upon request, the 
incidental, but not intentional, taking of marine mammals, for periods 
of not more than one year, by United States citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made, if the taking is 
limited to incidental harassment, and the Secretary publishes a notice 
of a proposed authorization in the Federal Register for public review.
    Authorization for incidental taking of small numbers of marine 
mammals shall be granted if NMFS finds, based on the best available 
scientific evidence, that the taking will have a negligible impact on 
the species or stock(s), the number of marine mammals taken will be 
small and the taking will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. The 
authorization must set forth the permissible methods of taking, and 
other means of effecting the least practicable adverse impact on the 
species or stock(s) and related habitat(s) and monitoring and reporting 
of such takings. 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) of the MMPA 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. Not later than 45 days 
after the close of the public comment period, the Secretary will either 
deny the request or make the findings set forth in section 
101(a)(5)(D)(i) of the MMPA, and issue the final authorization with 
appropriate conditions to meet the requirements of section 
101(a)(5)(D)(ii) of the MMPA. The Secretary will publish a notice of 
the issuance or denial of the request within 30 days of making the 
foregoing determination.

Summary of Request

    On October 13, 2009, NMFS received an application from PRBO 
requesting an authorization for the 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 conducting seabird and pinniped research operations on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore in central California (CA). The proposed action area consists 
of the following three locations:

South Farallon Islands (SFI)

    SFI consists of Southeast Farallon Island (SEFI) and West End 
Island (WEI). These two islands are directly adjacent to each other and 
separated by only a 30-foot (ft) (9.1 meters (m)) channel. The SFI have 
a land area of approximately 120 acres (0.49 square kilometers (km)) 
and are part of the Farallon National Wildlife Refuge. The islands are 
located near the edge of the continental shelf 28 miles (mi) (45.1 km) 
west of San Francisco, CA, and lie within the waters of the Gulf of the 
Farallones National Marine Sanctuary (NMS).

A[ntilde]o Nuevo Island (ANI)

    ANI is located one-quarter mile (402 m) offshore of A[ntilde]o 
Nuevo Point in San Mateo County, CA). This small 25-acre (0.1 square 
km) island is part of the A[ntilde]o Nuevo State Reserve, all of which 
is owned and operated by California State Parks. ANI lies within the 
Monterey Bay NMS and the newly established A[ntilde]o Nuevo State 
Marine Conservation Area.

Point Reyes National Seashore (PRNS)

    PRNS is located 40 miles (64.3 km) north of San Francisco Bay and 
lies within close proximity (6 mi, 9.6 km) of the Cordell Bank NMS. The 
proposed research areas are within the headland coastal areas of this 
large national park.

Specified Activities

Seabird Research on SEFI

    Seabird research activities involve observational and marking (i.e. 
netting and banding for capture-mark-recapture) studies of breeding 
seabirds and viewing breeding seabirds from an observation blind or 
censusing shorebirds. This activity usually involves one or two 
observers who

[[Page 61109]]

access the island's two landings, the North Landing and the East 
Landing, by 14 to 18 ft (4.3 to 5.5 m) open motorboats which are 
hoisted onto the island using a derrick system.
    Researchers visit the sites approximately one to three times per 
day for a maximum of 1080 visits per year. Most visits to these areas 
are brief (approximately 15 minutes (min)). From early April through 
early August, seabird observers are present from two to five hours 
daily at North Landing to conduct observational studies on breeding 
common murres (Uria aalge).
    Most intertidal areas of the island, where marine mammals are 
present, are rarely visited in seabird research. In both locations 
(North Landing and East Landing) the observers are located greater than 
50 ft (15.2 m) above any pinnipeds-primarily California sea lions or 
northern elephant seals and to a lesser extent harbor seals-which may 
be hauled out. Most potential for incidental take will occur on the 
island's two landings. However, the likelihood of encountering the 
eastern stock of Steller sea lions at both sites is rare.

Field Station Resupply on SEFI

    PRBO will resupply the field station once every two weeks for a 
maximum of 26 visits per year. These visits to either the North Landing 
or East Landing will last one to three hours and involve launching of 
the boat with one operator along with two to four researchers assisting 
with the operations from land. At East Landing-the primary landing 
site-all personnel assisting with the landing will stay on the loading 
platform 30 ft (9.1 m) above the water. At North Landing, loading 
operations occur at the water level in the intertidal. Again, the 
likelihood of encountering eastern Steller sea lions at this location 
is rare.

Pinniped Research on West End Island (WEI)

    Pinniped research activities involve surveying breeding elephant 
seals on WEI between early December and late February. There are 
approximately five surveys per year, each lasting approximately two 
hours. These surveys involve three observers moving approximately 1500 
ft (457.2 m) above pinniped colonies to census northern elephant seal 
areas. Any transit above eastern Steller sea lion haulout areas will 
last approximately 30 min in duration.

Seabird Research on A[ntilde]o Nuevo Island (ANI)

    Seabird research activities involve monitoring seabird burrow 
nesting habitat quality and habitat restoration between the seabird 
breeding season and the elephant seal pupping season. All work is 
conducted by PRBO in collaboration with Oikonos - Ecosystem Knowledge 
through a collaborative agreement with California State Parks.
    This activity involves two to three researchers who may access the 
island by a 12 ft (3.7 m) Zodiac boat to conduct research once a week 
April through August; restoration and monitoring from September-
November; and intermittent visits during the rest of the year. Landings 
and visits to the nest boxes are brief in duration (approximately 15 
min) and the maximum number of visits to the island would be 30 per 
year.
    Most potential for incidental take would occur at the landing beach 
on the north side of the island when the researchers arrive and depart 
to check the boxes. Non-breeding pinnipeds may occasionally be present, 
including California sea lions that may be hauled out near a small 
group of subterranean seabird nest boxes on the island terrace. In both 
locations researchers are located more than 50 ft (15.2 m) away from 
any pinnipeds which may be hauled out.

Seabird Research on Point Reyes National Seashore (PRNS)

    The National Park Service in collaboration with PRBO conducts: 
marine mammal research (see NMFS Scientific Permit 373-1868); 
monitoring of seabird breeding and roosting colonies; habitat 
restoration; removal of non-native plants, intertidal monitoring, and 
maintenance of coastal dune habitat.
    Seabird monitoring usually involves one or two observers conducting 
the survey by small boats (12 to 22 ft) along the PRNS shoreline. 
Observers will visit the site year round, with an emphasis during the 
seabird nesting season with occasional, intermittent visits during the 
rest of the year. The maximum number of visits per year by PRBO to the 
PRNS is 18.
    A majority of the research occurs in areas where marine mammals are 
not present. However, the potential for incidental harassment will 
occur at the landing beaches along Point Reyes Headland, boat ramps, or 
parking lots where northern elephant seals, harbor seals, or California 
sea lions may be hauled out in the vicinity.

Description of the Marine Mammals Potentially Affected by the Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird research at the proposed research areas on SEFI, 
ANI, and PRNS are primarily California sea lions, northern elephant 
seals, Pacific harbor seals, and to a lesser extent Steller sea lions.
    The marine mammals most likely to be harassed incidental to 
conducting research on harbor seals and northern elephant seals (NMFS 
Scientific Research Permit (SRP) 373-1868-00) are primarily Steller sea 
lions. Incidental harassment of elephant seals, harbor seals, 
California sea lions, and northern fur seals is authorized by SRP 373-
1868-00.
    General information of these species can be found in Caretta et al. 
(2008) and Angliss and Allen (2008) and is available at the following 
URLs: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2008.pdf and http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2008.pdf. Refer to these documents for 
information on these species. Additional information on these species 
is presented below this section.

Northern Elephant Seal

    Northern elephant seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA.The 
northern elephant breeding population is distributed from central Baja 
California, Mexico, to the Point Reyes Peninsula in northern 
California. Along this coastline there are 13 major breeding colonies.
    Populations of northern elephant seals in the U.S. and Mexico were 
all originally derived from a few tens or a few hundreds of individuals 
surviving in Mexico after being nearly hunted to extinction (Stewart et 
al., 1994). Given the very recent derivation of most rookeries, no 
genetic differentiation would be expected. Although movement and 
genetic exchange continues between rookeries, most elephant seals 
return to their natal rookeries when they start breeding (Huber et al., 
1991). The California breeding population is now demographically 
isolated from the Baja California population. No international 
agreements exist for the joint management of this species by the U.S. 
and Mexico. The California breeding population is considered to be a 
separate stock (Caretta et al., 2008).
    A complete population count of elephant seals is not possible 
because all age classes are not ashore at the same time. Elephant seal 
population size is typically estimated by counting the number of pups 
produced and multiplying by the inverse of the expected ratio of pups 
to total animals (McCann, 1985). Stewart et al., (1994) used McCann's 
multiplier of 4.5 to extrapolate from 28,164 pups to a population 
estimate of 127,000 elephant seals in the U.S. and Mexico in 1991.

[[Page 61110]]

The multiplier of 4.5 was based on a non-growing population. Boveng 
(1988) and Barlow et al. (1993) suggest that a multiplier of 3.5 is 
more appropriate for a rapidly growing population such as the 
California stock of elephant seals. Based on the estimated 35,549 pups 
born in California in 2005 and this 3.5 multiplier, the California 
stock was approximately 124,000 in 2005.
    At Point Reyes, the population grew at 32.8 percent per year 
between 1988 and 1997 (Sydeman and Allen, 1999) and around 10 percent 
per year since 2000 (S. Allen, unpubl. data), and in 2006 around 700 
pups were born at three primary breeding areas. The population on the 
Farallon Islands has declined by 3.4 percent per year since 1983, and 
in recent years numbers have fluctuated between 100 and 200 pups (W. 
Sydeman, D. Lee, unpubl. data).
    Elephant seals congregate in central California to breed from late 
November to March. Females typically give birth to a single pup and 
attend the pup for up to six weeks. Breeding occurs after the pup is 
weaned by attending males. After breeding, seals migrate to the Gulf of 
Alaska or deeper waters in the eastern Pacific. Adult females and 
juveniles return to terrestrial colonies to molt in April and May, and 
males return in June and July to molt, remaining onshore for around 
three weeks.

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
animals inhabit near-shore coastal and estuarine areas from Baja 
California, Mexico, to the Pribilof Islands in Alaska. Pacific harbor 
seals are divided into two subspecies: P. v. stejnegeri in the western 
North Pacific, near Japan, and P. v. richardsi in the northeast Pacific 
Ocean. The latter subspecies, recognized as three separate stocks, 
inhabits the west coast of the continental United States, including: 
the outer coastal waters of Oregon and Washington states; Washington 
state inland waters; and Alaska coastal and inland waters. Two of these 
stocks, the California stock and Oregon/Washington coast stock, of 
Pacific harbor seals are identified off the coast of Oregon and 
California for management purposes under the MMPA. However, the stock 
boundary is difficult to distinguish because of the continuous 
distribution of harbor seals along the west coast and any rigid 
boundary line is (to a greater or lesser extent) arbitrary, from a 
biological perspective (Carretta et al., 2008). Due to the location of 
the proposed project which is situated near the border of Oregon and 
California, both stocks could be present within the proposed project 
area.
    In 2008, the estimated population of the California of Pacific 
harbor seals ranged from 31,600 to 34,233 animals and the maximum 
population growth rate was 3.5 percent. The estimated population of the 
Oregon/Washington coast stocks was 22,380 animals and the maximum 
population growth rate was 4.0 percent. (Carretta et al., 2008)
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Pups are nursed for 
an average of 24 days and are ready to swim minutes after being born. 
Harbor seal pupping takes place at many locations and rookery size 
varies from a few pups to many hundreds of pups.
    At Point Reyes, the harbor seal population is estimated to be 7,524 
for the molt season based on a correction factor of 1.65 (Lowry et al., 
2005; Manna et al., 2006).

California Sea Lion

    California sea lions are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
California sea lion includes three subspecies: Z. c. wollebaeki (on the 
Galapagos Islands), Z. c. japonicus (in Japan, but now thought to be 
extinct), and Z. c. californianus (found from southern Mexico to 
southwestern Canada; herein referred to as the California sea lion). 
The subspecies is comprised of three stocks: (1) the U.S. stock, 
beginning at the U.S./Mexico border extending northward into Canada; 
(2) the western Baja California stock, extending from the U.S./Mexico 
border to the southern tip of the Baja California peninsula; and (3) 
the Gulf of California stock, which includes the Gulf of California 
from the southern tip of the Baja California peninsula and across to 
the mainland and extends to southern Mexico (Lowry et al., 1992).
    In 2008, the estimated population of the U.S. stock of California 
sea lion ranges from 141,842 to 238,000 animals and the maximum 
population growth rate was 6.52 percent when pup counts from El 
Ni[ntilde]o years (1983, 1984, 1992, 1993, 1998, and 2003) were removed 
(Carretta et al., 2008).
    Major rookeries for the California sea lion exist on the Channel 
Islands off southern California and on the islands situated along the 
east and west coasts of Baja California. Males are polygamous, 
establishing breeding territories that may include up to fourteen 
females. They defend their territories with aggressive physical 
displays and vocalization. Sea lions reach sexual maturity at four to 
five years old and the breeding season lasts from May to August. Most 
pups are born from May through July and weaned at 10 months old.
    The U.S. stock of California sea lion is the only stock present in 
the proposed research area and in recent years, California sea lions 
have begun to breed annually in small numbers at ANI and SFI, CA. On 
the Farallon Islands, California sea lions haul out in many intertidal 
areas year round, fluctuating from several hundred to several thousand 
animals. Breeding animals are concentrated in areas where researchers 
would not visit (PRBO, unpublished data).
    California sea lions at PRNS haul out at only a couple locations, 
but will occur on human structures such as boat ramps. The annual 
population averages around 300 to 500 during the fall through spring 
months, although on occasion, several thousand sea lions can arrive 
depending upon local prey resources (S. Allen, unpublished data).

Steller Sea Lion

    The Steller sea lion eastern stock is listed as threatened under 
the ESA and is categorized as depleted under the MMPA. Steller sea 
lions range along the North Pacific Rim from northern Japan to 
California (Loughlin et al., 1984), with centers of abundance and 
distribution in the Gulf of Alaska and Aleutian Islands, respectively. 
Two separate stocks of Steller sea lions were recognized within U.S. 
waters: an eastern U.S. stock, which includes animals east of Cape 
Suckling, Alaska (144[deg] W), and a western U.S. stock, which includes 
animals at and west of Cape Suckling (Loughlin, 1997). The species is 
not known to migrate, but individuals disperse widely outside of the 
breeding season (late May through early July), thus potentially 
intermixing with animals from other areas.
    In 2008, the estimated population of the eastern U.S. stock ranged 
from 44,404 to 55,832 animals and the maximum population growth rate 
was 3.1 percent (Angliss and Allen, 2009).
    The eastern U.S. stock of Steller sea lions breeds on rookeries 
located in southeast Alaska, British Columbia, Oregon, and California; 
there are no rookeries located in Washington state. Counts of pups on 
rookeries conducted near the end of the birthing season are

[[Page 61111]]

nearly complete counts of pup production.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS, 1995, 
Trujillo et al., 2004, Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern California and new rookeries established in 
southeastern Alaska (Pitcher et al., 2007).
    The current population of eastern Steller sea lions in the proposed 
research area is estimated to number between 50 and 750 animals. The 
PRBO estimates that between 50 and 150 Steller sea lions live on the 
Farallon Islands, and the NMFS Southwest Fisheries Science Center 
(SWFSC) estimates between 400 and 600 live on ANI (PRBO unpublished 
data, 2008; SWFSC unpublished data, 2008).
    On SEFI, the abundance of females declined an average of 3.6 
percent per year from 1974 to 1997 (Sydeman and Allen 1999). Pup counts 
at ANI declined 5 percent annually through the 1990s (NOAA Stock 
Assessment, 2003), and have apparently stabilized between 2001 and 2005 
(M. Lowry, SWFSC unpublished data).
    In 2000, the combined pup estimate for both islands was 349. In 
2005, the pup estimate was 204 on ANI. Pup counts on the Farallon 
Islands have generally varied from five to 15 (Hastings and Sydeman, 
2002; PRBO unpublished data). Pups have not been born at Point Reyes 
Headland since the 1970s and Steller sea lions are seen in very low 
numbers there currently (S. Allen, unpubl. data).
    Steller sea lions give birth in May through July and breeding 
commences a couple of weeks after birth. Non-reproductive animals 
congregate at a few haul out sites, including at ANI and Point Reyes 
Headland. Pups are weaned during the winter and spring of the following 
year.

Potential Effects on Marine Mammals

    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 min (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.
    It is expected that any incidental disturbance to pinnipeds from 
both types of research would have minimal, short-term effects and no 
long-term effects on the individuals. Incidental disturbance is 
believed to have minimal impacts because pinnipeds usually return to a 
site or a nearby site within 30 min upon conclusion of research 
activities (Allen et al., 1985). Numerous IHAs and Letters of 
Authorizations issued under the MMPA, Incidental Take Statements issued 
under Section 10(a)(1)(b) of the ESA (e.g. 72 FR 124, January 3, 2007), 
and reports on more localized areas (e.g., Demarchi and Bentley, 2004) 
have analyzed the potential effects of incidental disturbance to 
pinnipeds from various sources. Based on these reports, the effects to 
pinnipeds appear, at the most, to displace the animals temporarily from 
their haul out sites. Based on previous monitoring reports from PRBO, 
maximum disturbance to Steller sea lions would result in the animals 
flushing into the water in response to presence of the researchers. It 
is not expected that pinnipeds would permanently abandon a haul-out 
site during PRBO's research, as precautions would be taken to not 
disturb the same haul-out site on frequent occasions.
    No research would occur on pinniped rookeries; therefore, mother 
and pup separation or crushing of pups is not a concern. Incidental 
harassment may occur as researchers approach the haul out sites with 
vessels and during capture and sampling activities of harbor seals and 
northern elephant seals.
    In PRBO's final report of activities conducted between December 12, 
2007 to December 11, 2008 for the 2007 IHA, they reported disturbing 
three Steller sea lions on SEFI and 13 Steller sea lions on ANI during 
all surveys.

Potential Impacts on Habitat

    Neither the proposed seabird research, nor the proposed pinniped 
research would result in the physical altering of marine mammal 
habitat. Further, incidental marine mammal takes will not result in the 
physical altering of marine mammal habitat or major breeding habitat. 
No survey or sampling equipment will be left in habitat areas; no toxic 
chemicals will be present; and all state and federal marine 
regulations, including those from National Marine Sanctuaries, will be 
followed in regards to boat emissions.

Potential Impacts to Subsistence Harvest of Marine Mammals

    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 stocks of marine mammals for subsistence uses.

Number of Marine Mammals Expected to Be Taken

    It is estimated that approximately 5,000 California sea lions, 418 
harbor seals, 253 northern elephant seals, and 20 Steller sea lions 
could be potentially affected by Level B behavioral harassment over the 
course of the proposed IHA. 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 two 
percent of the U.S. stock of California sea lion, 1.2 percent of the 
California stock of Pacific harbor seal, less than one percent of the 
California breeding stock of northern elephant seal, and 0.04 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. All of the 
potential takes are expected to be Level B behavioral harassment only. 
Because of the mitigation measures that will be required and the 
likelihood that some pinnipeds will avoid the area, no injury or 
mortality to pinnipeds is expected or requested.

Proposed Monitoring and Mitigation Measures

    To reduce the potential for disturbance from visual and acoustic 
stimuli associated with these activities, PRBO proposes to undertake 
the following marine mammal mitigation measures:(1) researchers would 
keep their voices hushed and bodies low in the visual presence of 
pinnipeds; (2) seabird observations at North Landing on Southeast 
Farallon Island would be conducted in an observation blind where 
researchers are shielded from the view of hauled out pinnipeds; (3) 
beach landings on A[ntilde]o Nuevo Island would only occur after any 
pinnipeds that might be present on the landing beach have entered the 
water; (4) A[ntilde]o Nuevo Island researchers accessing seabird nest 
boxes would crawl slowly if pinnipeds are within view; (5) visits to 
intertidal areas of Southeast Farallon Island during research 
activities would be coordinated to reduce potential take; (6) all 
research goals on A[ntilde]o Nuevo Island would be coordinated to 
minimize the

[[Page 61112]]

necessary number of trips to the island; (7) once on A[ntilde]o Nuevo 
Island, researchers would coordinate monitoring schedules so that areas 
near any pinnipeds would be accessed only once per visit; and (8) the 
lead biologist would always serve as an observer to evaluate incidental 
take and halt any research activities should the potential for 
incidental take be too great.

Proposed Monitoring and Reporting

    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 disturbances. PRBO would submit a final report, 
including these notes, to NMFS within 90 days after the expiration of 
the Incidental Harassment Authorization (IHA), if it is issued.

National Environmental Policy Act (NEPA)

    In 2007, NMFS prepared a draft Environmental Assessment (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 (72 FR 41294, July 27, 2007). All 
comments were addressed in full in the Federal Register Notice of 
Issuance of an IHA for PRBO (72 FR 71121, December 14, 2007). At that 
time, NMFS determined that conducting the seabird research would not 
have a significant impact on the quality of the human environment and 
issued a Finding of No Significant Impact. In 2008, NMFS prepared a 
supplemental EA (SEA) to address new available information regarding 
the effects of PRBO's seabird and pinniped research activities that may 
have cumulative impacts to the physical and biological environment. At 
that time, NMFS concluded that issuance of an IHA for the December 2008 
through 2009 season would not significantly affect the quality of the 
human environment and issued a FONSI for the 2008 SEA regarding PRBO's 
activities. In conjunction with this year's application, NMFS has again 
reviewed the EA and SEA and determined that there are no new direct, 
indirect or cumulative impacts to the human and natural environment 
associated with the proposed IHA requiring evaluation in a supplemental 
EA and NMFS therefore reaffirms the 2008 FONSI.

Endangered Species Act

    NMFS Headquarters' Office of Protected Resources, Permits, 
Conservation, and Education Division conducted a formal section 7 
consultation under the ESA with the NMFS Headquarters' Office of 
Protected Resources, Endangered Species Division. On November 18, 2008, 
NMFS issued a Biological Opinion (BiOp) and concluded that the issuance 
of an IHA is likely to affect, but not likely to jeopardize the 
continued existence of Steller sea lions. The BiOp included an 
incidental take statement (ITS) for Steller sea lions. The ITS contains 
reasonable and prudent measures implemented by terms and conditions to 
minimize the effects of this take. NMFS has reviewed the BiOp and 
determined that there is no new information regarding effects to 
Stellar sea lions; the action has not been modified in a manner which 
would cause adverse effects not previously evaluated; there has been no 
new listing of species or designation of critical habitat that could be 
affected by the action; and, the action will not exceed the extent or 
amount of incidental take authorized in the BiOp. Therefore, the 
proposed IHA does not require the reinitiation of Section 7 
consultation under the ESA.

Preliminary Conclusions

    Based on the preceding information, and provided that the proposed 
mitigation and monitoring are incorporated, NMFS has preliminarily 
concluded that the impact of PRBO conducting proposed seabird and 
pinniped research activities on Southeast Farallon Island, A[ntilde]o 
Nuevo Island, and Point Reyes National Seashore in central CA would 
incidentally take, by level B behavioral harassment only, small numbers 
of Steller sea lions, California sea lions, Pacific harbor seals, and 
northern elephant seals in the vicinity of the proposed activities.
    While behavioral modifications, including temporarily vacating the 
area during the lighthouse restoration and maintenance period, may be 
made by these species to avoid the resultant visual disturbance from 
human presence, the availability of alternate areas within these areas 
and haul-out sites, and the short and sporadic duration of the 
restoration and maintenance activities, have led NMFS to preliminarily 
determine that this proposed action will have a negligible impact on 
affected stocks of Steller sea lions, California sea lions, Pacific 
harbor seals, and northern elephant seals.
    There is no subsistence harvest of marine mammals on or near SEFI, 
ANI, and PRNS; therefore, there will be no impact of the activity on 
the availability of the stocks of marine mammals for subsistence uses. 
Harassment takes should be at the lowest level practicable due to 
incorporation of the mitigation measures proposed in this document. 
Take by Level A harassment or death is not anticipated.

Proposed Authorization

    NMFS proposes to issue an IHA to PRBO to conduct seabird and 
pinniped research activities on Southeast Farallon Island, A[ntilde]o 
Nuevo Island, and Point Reyes National Seashore during December 22, 
2009, through December 23, 2009, provided that the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: November 18, 2009
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E9-28065 Filed 11-20-09; 8:45 am]
BILLING CODE 3510-22-S