[Federal Register Volume 75, Number 37 (Thursday, February 25, 2010)]
[Notices]
[Pages 8677-8682]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-3893]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XT90


Takes of Marine Mammals Incidental to 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; issuance of incidental harassment authorization.

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SUMMARY:  In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an Incidental Harassment Authorization (IHA) to 
PRBO Conservation Science (PRBO), to incidentally harass, by Level B 
harassment only, four species of marine mammals during the specified 
activity.

DATES:  This authorization is effective from February 19, 2010, through 
February 18, 2011.

ADDRESSES:  A copy of the IHA and the application are available by 
writing to P. Michael Payne, Chief, Permits, Conservation and Education 
Division, Office of Protected Resources, National Marine Fisheries 
Service, 1315 East-West Highway, Silver Spring, MD 20910. A copy of the 
application may be obtained by writing to this address, by telephoning 
the contact listed here (FOR FURTHER INFORMATION CONTACT) or online 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 (301) 713-2289, ext. 113 
or Monica DeAngelis, NMFS Southwest Region, (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 to authorize, upon request, the incidental, 
but not intentional, taking of small numbers of marine mammals of a 
species or stock, 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 and, if the taking is limited to harassment, a notice 
of a proposed authorization is provided to the public for review.
    Authorization for incidental taking of small numbers of marine 
mammals 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 subsistence uses. The authorization must set forth the 
permissible methods of taking, other means of effecting the least 
practicable adverse impact on the species or stock and its habitat, 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.''

[[Page 8678]]

    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. 
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. Within 45 days of the 
close of the public comment period, NMFS must either issue or deny the 
authorization.
    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].

Summary of Request

    NMFS received an application on October 13, 2009, from PRBO for the 
taking by harassment, of marine mammals incidental to conducting 
seabird and pinniped research operations in central California.
    Seabird research activities involve censusing shorebirds; 
conducting observational and marking studies of breeding seabirds and 
viewing breeding seabirds from observation blinds. Pinniped research 
activities involve monitoring breeding northern elephant seals 
(Mirounga angustirostris) to determine attendance patterns; resighting 
previously-tagged elephant seals; and conducting weekly pinniped 
censuses.
    The action area consists of the following four locations: Southeast 
Farallon Island (SEFI), West End Island (WEI), Año Nuevo Island 
(ANI), and Point Reyes National Seashore (PRNS). SEFI and WEI are 
located near the edge of the continental shelf 28 miles (mi) (45.1 km) 
west of San Francisco, California, and are located within the waters of 
the Gulf of the Farallones National Marine Sanctuary (NMS). ANI is 
located one-quarter mile (402 m) offshore of Año Nuevo Point in 
San Mateo County, CA, is part of the Año Nuevo State Reserve, 
and lies within the Monterey Bay NMS and the newly established 
Año Nuevo State Marine Conservation Area. 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.
     Acoustic and visual stimuli generated by noise generated during 
boat landing operations, research activities (e.g., mark and recapture 
of seabirds, censusing of pinnipeds) and human presence (e.g., 
transiting in the vicinity of the haul out areas, resupplying field 
stations), may have the potential to cause the pinnipeds hauled out to 
flush into the surrounding water or to cause a short-term behavioral 
disturbance. These types of disturbances are the principal means of 
marine mammal taking associated with these activities and PRBO has 
requested an authorization to take 5,000 California sea lions (Zalophus 
californianus); 418 Pacific harbor seals (Phoca vitulina); 253 northern 
elephant seals; and 20 Steller sea lions (Eumetopias jubatus) by Level 
B harassment.

Summary of the Final Report for the 2008 IHA

    In compliance with the 2008 IHA, PRBO submitted a final report on 
the seabird and pinniped research activities conducted during the 
period of December 12, 2007 to December 11, 2008. A summary of that 
report follows.
    Researchers at Southeast Farallon Island observed marine mammal 
takes during year round daily observations, bimonthly field station 
resupply trips, and murre observations at North Landing during the 
spring and summer. PRBO reported three takes of Steller sea lions, 39 
takes of Pacific harbor seals, 45 takes of northern elephant seals, and 
616 takes of California sea lions.
    Researchers at Año Nuevo Island observed marine mammal takes 
during occasional visits for spring/summer seabird monitoring, and one 
field station resupply trip. For ANI, PRBO reported nine takes of 
Pacific harbor seals, 10 takes of Steller sea lions, 43 takes of 
northern elephant seals, and 430 takes of California sea lions.
     PRBO did not conduct seabird research on PRNS during December 12, 
2007 to December 11, 2008. Thus, they reported no data for this site.
    In summary, the total number of potentially harassed marine mammals 
for all seabird and pinniped research activities were below the take 
limits as authorized in 2008 IHA. No dead or injured marine mammals 
were reported for any of the events. Accordingly, these monitoring 
results support NMFS' initial findings that PRBO's seabird and pinniped 
research activities will result in no more than Level B harassment of 
small numbers of marine mammals and that the effects will be limited to 
short-term behavioral changes.

Description of the Specified Activity

    PRBO will conduct seabird and pinniped research activities on SEFI, 
WEI, ANI, and PRNS between February 19, 2010 and February 18, 2011. 
NMFS has provided a detailed overview of the activity in the notice of 
the proposed IHA (74 FR 61109, November 23, 2009). No changes have been 
made to the proposed activities.

Seabird Research

    Southeast Farallon Island (SEFI): PRBO researchers will census, 
observe, and conduct marking studies of SEFI's seabird community year-
round (approximately 1,080 visits annually). These activities will 
involve one or two researchers transiting to one of the island's two 
landings using a 14 to 18 feet (ft) (4.3 to 5.5 meters (m)) open 
motorboat. The researchers will hoist the motorboat onto the island 
using a derrick system. During the study, the researchers plan to visit 
the observation sites approximately one to three times per day for 15-
minute (min) periods. From early April through early August, the 
observers will extend the duration of the work period from 15 min to 
two- to five-hour (hr) periods. Most intertidal areas of SEFI, where 
marine mammals are present, are rarely visited during the conduct off 
seabird research. In both locations (the North Landing and East 
Landing) the observers are located greater than 50 ft (15.2 m) above 
any pinnipeds which may be hauled out.
    Año Nuevo Island (ANI): PRBO researchers will monitor 
seabird burrow nesting habitat quality and habitat restoration efforts 
year-round (approximately 30 visits annually). This activity involves 
two to three researchers accessing the island by a 12-ft (3.7 m) Zodiac 
boat. During the study, the researchers plan to monitor the seabirds 
(April through August); conduct restoration and monitoring activities 
(September through November); and carry out intermittent visits 
throughout the rest of the year. During the study, the researchers plan 
to visit the nesting boxes approximately once a week for 15 min. The 
landing area and the nesting boxes are located more than 50 ft (15.2 m) 
away from any pinniped haul out area.
    Point Reyes National Seashore (PRNS): PRBO researchers will monitor 
seabird breeding and roosting colonies; conduct habitat restoration; 
remove non-native plants, monitor the intertidal areas, and maintain 
coastal dune habitat year round (approximately 18 visits annually). 
Seabird monitoring involves one or two researchers surveying the 
colonies using small boats (12 to 22 ft)

[[Page 8679]]

along the PRNS shoreline. A majority of the research occurs in areas 
where pinnipeds are not present.

Pinniped Research

    West End Island (WEI): PRBO researchers in collaboration with the 
National Park Service conduct marine mammal research under NMFS 
Scientific Permit 373-1868. PRBO intends to survey breeding elephant 
seals on WEI between early December and late February. PRBO conducts 
approximately five surveys per year, each lasting approximately two 
hours. These surveys involve three observers moving approximately 1,500 
ft (457.2 m) above pinniped colonies to census northern elephant seal 
areas. The researchers will transit adjacent to a Steller sea lion 
haulout area to reach the northern elephant seal colony and their 
journey will last approximately 30 min in duration.

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 would occur at the water level in the intertidal areas.
    NMFS expects that acoustic and visual stimuli resulting from these 
activities (resupply activities, boat approaches and departures, 
operation of the derrick system, and human presence) have the potential 
to disturb pinnipeds hauled out on SEFI, WEI, ANI, and PRNS.

Comments and Responses

    NMFS published a notice of receipt of the PRBO application and 
proposed IHA in the Federal Register on November 23, 2009 (74 FR 
61109). During the 30-day comment period, NMFS received a letter from 
the Marine Mammal Commission (Commission) which recommended that NMFS 
issue the requested authorization, provided that the required 
mitigation measures and monitoring are carried out (e.g., researchers 
speaking in hushed voices, use of observation blinds, postponing 
landing boats after pinnipeds have entered the water, and coordinating 
visits to the island) as described in NMFS' November 23, 2009 (74 FR 
61109), notice of the proposed IHA and the application. All measures 
proposed in the initial Federal Register notice are included in the 
authorization and NMFS has determined that they will effect the least 
practicable impact on the species or stocks and their habitats.
    Comment 1: The Commission further recommended that any IHA issued 
to PRBO for seabird and pinniped research activities specify that, if a 
death or serious injury of a marine mammal occurs that appears to be 
related to the research activities be suspended while the Service 
determines whether steps can be taken to avoid further injuries or 
deaths or until such taking has been authorized by regulations 
promulgated under section 101(a)(5)(A) of the MMPA.
    Response: NMFS concurs with the Commission's recommendation and has 
included a requirement to this effect in the IHA. NMFS authorizes the 
applicant to take marine mammals by Level B harassment only.

Marine Mammals Affected by the Activity

    The marine mammal species most likely to be harassed incidental to 
seabird and pinniped research activities are the California sea lion, 
Pacific harbor seal, the eastern Distinct Population Segment (DPS) of 
Steller sea lion, and the northern elephant seal on SEFI, WEI, ANI, and 
PRNS.
    California sea lions, Pacific harbor seals, and northern elephant 
seals are not listed as threatened or endangered under the ESA, nor are 
they categorized as depleted under the MMPA. The eastern DPS of the 
Steller sea lion is listed as threatened under the ESA and is 
categorized as depleted under the MMPA. NMFS' discussion of these 
species is included in the notice of the proposed IHA (74 FR 61109, 
November 23, 2009). Refer to Caretta et al. (2008) and Angliss and 
Allen (2009) for information on these species 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.

Potential Effects of the Activities on Marine Mammals

    Level B harassment of pinnipeds has the potential to occur during 
approach to landing sites on SEFI, WEI, ANI, or PRNS due to acoustic 
and visual stimuli caused by the motorboat and the use of the derrick 
system. It is likely that the initial motorboat approach to the shore 
would cause a subset, or all of the marine mammals hauled out to depart 
the beach and flush into the water. The pinnipeds' movement into the 
water is expected to be gradual due to the required, controlled boat 
approaches (see Mitigation) as well as behavioral habituation on the 
part of the animals to repeated boat trips throughout the day. During 
the sessions of boat activity, some animals may be temporarily 
displaced from the landing areas and either raft in the water or 
relocate to other haul outs.
    Level B harassment also has the potential to occur as a result of 
acoustic and visual stimuli related to human presence. 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 
seabird and pinniped 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, the 
potential for mother and pup separation or crushing of pups is 
negligible. In PRBO's final report of activities conducted between 
December 12, 2007 to December 11, 2008 for the 2008 IHA, they reported 
disturbing three Steller sea lions on

[[Page 8680]]

SEFI and 10 Steller sea lions on ANI during all surveys.

Possible Effects of Activities on Marine Mammal Habitat

    PRBO's seabird and pinniped research activities will not 
significantly affect the geology or the marine environment in and 
around SEFI, WEI, ANI, and PRNS. No impacts to marine mammal habitats 
used by northern elephant seals, Pacific harbor seals, northern 
elephant seals, or Steller sea lions that may haul-out on SEFI, WEI, 
ANI, and PRNS are anticipated.

Mitigation and Monitoring

    In order to issue an incidental take authorization (ITA) under 
Section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible 
methods of taking pursuant to such activity, and other means of 
effecting the least practicable adverse impact on such species or stock 
and its habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance, and on the availability of 
such species or stock for taking for certain subsistence uses. To 
reduce the potential for disturbance from visual and acoustic stimuli 
associated with the activities, PRBO and/or its designees will 
undertake the following marine mammal mitigation measures and 
monitoring protocols:
    (1) Abide by all of the Terms and Conditions listed in the 
Incidental Take Statement for NMFS' 2008 Biological Opinion.
    (2) Abide by the Terms and Conditions of Scientific Research Permit 
373-1868.
    (3) Minimize the potential for disturbance (to the lowest level 
practicable near known pinniped haul outs by boat travel and pedestrian 
approach during pinniped and seabird research operations).
    (4) Postpone beach landings on Año Nuevo Island only after 
any pinnipeds that might be present on the beach have entered the 
water.
    (5) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed, with the first priority being 
avoiding the disturbance of Steller sea lions at haul-outs.
    (6) Monitor for offshore predators and not approach hauled out 
Steller sea lions if great white sharks (Carcharodon carcharias) or 
killer whales (Orcinas orca) are seen in the area. If predators are 
seen, eastern DPS Steller sea lions must not be disturbed until the 
area is free of predators.
    (7) Keep voices hushed and bodies low in the visual presence of 
pinnipeds.
    (8) Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    (9) Crawl slowly to access seabird nest boxes on Año Nuevo 
Island if pinnipeds are within view.
    (10) Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and to coordinate research 
goals for Año Nuevo Island to minimize the number of trips to 
the island. Once on Año Nuevo Island, researchers would 
coordinate monitoring schedules so that areas near any pinnipeds would 
be accessed only once per visit.
    (11) Coordinate monitoring schedules on Añto Nuevo Island, 
so that areas near any pinnipeds would be accessed only once per visit.
    (12) Have the lead biologist serve as an observer to evaluate 
incidental take and halt any research activities should the potential 
for incidental take be too great.
    (13) Take notes of pinnipeds observed within the research area. The 
notes would provide dates, location, species, the researcher's 
activity, behavioral state, numbers of pinnipeds that moved greater 
than one meter, and numbers of pinnipeds that flushed into the water.
    NMFS conducted a formal section 7 consultation under the Endangered 
Species Act (ESA; 16 U.S.C. 1531 et seq.) in 2008. After issuance of 
the proposed 2010 IHA, NMFS reviewed the Terms and Conditions of the 
2008 Biological Opinion (BiOp) which directed the PRBO researchers to 
monitor the offshore environment for predators such as great white 
sharks or killer whales before approaching hauled out Steller sea 
lions. If predators were seen, the researchers would halt operations 
until the area was deemed free of predators. NMFS deemed this 
mitigation measure appropriate for ensuring Steller sea lion safety in 
the study area and adopted this requirement into the 2010 IHA.
    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of effecting the least 
practicable adverse impact on the affected marine mammal species and 
stocks and their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one 
Añother: (1) the manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals; (2) the proven or likely efficacy of 
the specific measure to minimize adverse impacts as planned; and (3) 
the practicability of the measure for applicant implementation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS or recommended by the public, 
NMFS has determined that the required mitigation measures provide the 
means of effecting the least practicable adverse impacts on marine 
mammals species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance.

Reporting

    In order to issue an ITA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for IHAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the action area.
    Draft Report: PRBO will submit a draft final report to the 
Assistant Regional Administrator (ARA) for Protected Resources, 
Southwest Region, NMFS, 501 West Ocean Blvd., Suite 4200, Long Beach, 
CA 90802-4213 and to the Chief, Permits, Conservation, and Education 
Division, Office of Protected Resources, NMFS, 1315 East West Highway, 
SSMC3 13822, Silver Spring, MD 20910 within 90 days after the 
expiration of the IHA. This report must contain the following 
information: dates, location, species, the researcher's activity, 
behavioral state, numbers of pinnipeds that moved greater than one 
meter, and numbers of pinnipeds that flushed into the water, along with 
an executive summary. If NMFS decides that the draft final report needs 
no comments, the draft final report will be considered to be the final 
report.
    Final Report: PRBO will submit a final report to the ARA for 
Protected Resources, Southwest Region and to the Chief, Permits, 
Conservation, and Education Division, Office of Protected Resources, 
NMFS, within 30 days after receiving comments from NMFS on the draft 
final report.
    In the unanticipated event that any cases of pinniped injury or 
mortality are judged to result from these activities, (which is highly 
unlikely), PRBO and/or its designees will immediately cease operations 
and report the incident,

[[Page 8681]]

within 48 hours, to the Southwest Region, Assistant Regional 
Administrator (ARA) for Protected Resources, Southwest Region, NMFS, 
501 West Ocean Blvd., Suite 4200, Long Beach, CA 90802-4213; phone 
(562) 980-4020; fax (562) 980-4027; and to the Chief, Permits, 
Conservation, and Education Division, Office of Protected Resources, 
National Marine Fisheries Service (NMFS), phone (301) 713-2289.

Estimated Take by Incidental 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].
    Only take by Level B harassment is anticipated and authorized as a 
result of the seabird and pinniped research activities. Acoustic and 
visual stimuli generated by boat landings/departures, the operation of 
the derrick system, and noise generated during research activities and 
maintenance activities have the potential to cause the pinnipeds hauled 
out on SEFI, WEI, ANI, and PRNS to flush into the surrounding water or 
to cause a short-term behavioral disturbance. There is no evidence that 
the planned activities could result in injury or mortality. The 
required mitigation and monitoring measures will minimize any potential 
risk for injury or mortality.
    NMFS estimates that a maximum of 5,000 California sea lions, 418 
Pacific harbor seals, 253 northern elephant seals, and 20 Steller sea 
lions could be potentially affected by Level B harassment over the 
course of the IHA. This estimate is based on PRBO's previous research 
experiences conducted in the proposed research area and on marine 
mammal research activities in these areas. 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, injury or mortality to pinnipeds is 
neither expected nor requested.

Negligible Impact and Small Numbers Analysis and Determination

    NMFS has defined'' negligible impact'' in 50 CFR 216.103 as ''...an 
impact resulting from the specified altivity 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.'' In making a negligible impact determination, NMFS 
considers: (1) the number of anticipated mortalities; (2) the number 
and nature of anticipated injuries; (3) the number, nature, and 
intensity, and duration of Level B harassment; and (4) the context in 
which the takes occur.
    As mentioned previously, NMFS estimates that a maximum of 5,000 
California sea lions, 418 Pacific harbor seals, 253 northern elephant 
seals, and 20 Steller sea lions could be potentially affected by Level 
B harassment over the course of the IHA. These incidental harassment 
take numbers represent approximately one 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 DPS of Steller 
sea lion. For each species, these numbers are small relative to the 
population size.
    No injuries or mortalities are anticipated to occur as a result of 
the PRBO's planned seabird and pinniped research activities, and none 
are authorized. Takes will be limited to Level B behavioral harassment 
over the course of the IHA.
    Only short-term behavioral disturbance is anticipated to occur due 
to the brief and sporadic duration of the research activities. No 
mortality or injury is expected to occur, and due to the nature, 
degree, and context of behavioral harassment anticipated, the activity 
is not expected to impact rates of recruitment or survival.
    NMFS has determined, provided that the aforementioned mitigation 
and monitoring measures are implemented, that the impact of conducting 
seabird and pinniped research on SEFI, WEI, ANI, and PRNS may result, 
at worst, in a temporary modification in behavior and/or low-level 
physiological effects (Level B harassment) of small numbers of certain 
species of marine mammals.
    While behavioral modifications, including temporarily vacating the 
area during the seabird and pinniped research activities, may be made 
by these species to avoid the resultant boat landing/takeoff and visual 
disturbance from human presence, the availability of alternate areas 
within these areas and haulout sites, and the short and sporadic 
duration of the research activities, have led NMFS to determine that 
this action will have a negligible impact on California sea lions, 
Pacific harbor seals, northern elephant seals, and Steller sea lions.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, NMFS finds that the PRBO's planned seabird and pinniped 
research activities, will result in the incidental take of small 
numbers of marine mammals, by Level B harassment only, and that the 
total taking from seabird and pinniped research activities will have a 
negligible impact on the affected species or stocks.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

     There are no relevant subsistence uses of marine mammals 
implicated by this action.

Endangered Species Act

    The Steller sea lion, eastern DPS is listed as threatened under the 
ESA and occurs in the research area. NMFS Headquarters' Office of 
Protected Resources, Permits, Conservation, and Education Division 
conducted a formal section 7 consultation under the ESA. On November 
18, 2008, NMFS issued a Biological Opinion (2008 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. NMFS has also 
issued an incidental take statement (ITS) for Steller sea lions 
pursuant to section 7 of the ESA. The ITS contains reasonable and 
prudent measures for implementing terms and conditions to minimize the 
effects of this take. NMFS has reviewed the 2008 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 2008 BiOp. Therefore, the proposed 
IHA does not require the reinitiation of Section 7 consultation under 
the ESA.

 National Environmental Policy Act (NEPA)

    To meet NMFS' NEPA requirements for the issuance of an IHA to PRBO, 
NMFS prepared an Environmental Assessment (EA) in 2007 that was 
specific to seabird and pinniped research activities on SEFI, WEI, ANI, 
and PRNS and evaluated the impacts on the human environment of NMFS' 
authorization of incidental Level B harassment resulting from seabird

[[Page 8682]]

research in Central California. 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 (FONSI) and, therefore, it was not necessary to 
prepare an environmental impact statement for the issuance of an IHA to 
PRBO for this activity. In 2008, NMFS prepared a supplemental EA (SEA) 
titled ``Supplemental Environmental Assessment For The Issuance Of An 
Incidental Harassment Authorization To Take Marine Mammals By 
Harassment Incidental To Conducting Seabird And Pinniped Research In 
Central California And Environmental Assessment For The Continuation Of 
Scientific Research On Pinnipeds In California Under Scientific 
Research Permit 373-1868-00,'' 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 2007 EA and the 
2008 SEA and determined that there are no new direct, indirect or 
cumulative impacts to the human and natural environment associated with 
the IHA requiring evaluation in a supplemental EA and NMFS, therefore, 
reaffirms the 2008 FONSI. A copy of the EA, SEA, and the NMFS FONSI for 
this activity is available upon request (see ADDRESSES).

Authorization

    As a result of these determinations, NMFS has issued an IHA to PRBO 
to conduct seabird and pinniped research on Southeast Farallon Island, 
West End Island, Año Nuevo Island, and Point Reyes National 
Seashore in central California from February 19, 2010 through February 
18, 2011, provided the previously mentioned mitigation, monitoring, and 
reporting requirements are incorporated.

    Dated: February 19, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2010-3893 Filed 2-24-10; 8:45 am]
BILLING CODE 3510-22-S