[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34700-34701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-14833]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XW69


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay 
National Marine Sanctuary, CA

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

ACTION:  Notice of issuance of a letter of authorization.

-----------------------------------------------------------------------

SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that a one-
year Letter of Authorization (LOA) has been issued to the Monterey Bay 
National Marine Sanctuary (MBNMS) to incidentally take, by Level B 
harassment only, California sea lions (Zalophus californianus) and 
Pacific harbor seals (Phoca vitulina) incidental to professional 
fireworks displays within the MBNMS.

DATES:  This authorization is effective from July 4, 2010, through July 
3, 2011.

ADDRESSES:  The LOA and supporting documentation are available for 
review in the Permits, Conservation, and Education Division, Office of 
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 
20910, by contacting one of the individuals listed below (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 and at the Southwest Region, NMFS, 501 West 
Ocean Boulevard, Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT:  Ben Laws, Office of Protected 
Resources, NMFS, (301) 713-2289, or Monica DeAngelis, Southwest 
Regional Office, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce (Secretary) upon request, to allow, during 
periods of not more than five consecutive years each, the incidental, 
but not intentional, taking of marine mammals 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 regulations are issued.
    The Secretary shall grant the authorization for incidental taking 
if NMFS finds, after notice and opportunity for public comment, that 
the total of such taking during each five-year (or less) period 
concerned, will have a negligible impact on the species or stock(s), 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for subsistence uses, and if the permissible 
methods of taking and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``...an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.''
    In addition, NMFS must prescribe regulations that include 
permissible methods of taking and other means of effecting the least 
practicable adverse impact on the species and its habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the species for subsistence 
uses. The regulations must include requirements for monitoring and 
reporting of such taking.
    Regulations governing the taking of California sea lions and 
Pacific harbor seals, by Level B harassment, incidental to commercial 
fireworks displays within the Monterey Bay National Marine Sanctuary 
(MBNMS) became effective on July 4, 2006, and remain in effect until 
July 3, 2011. For detailed information on this action, please refer to 
the original Federal Register notice (71 FR 40928, July 19, 2006). 
These regulations include mitigation, monitoring, and reporting 
requirements for the incidental taking of marine mammals during the 
fireworks displays within the Sanctuary boundaries. This will be the 
fifth LOA issued pursuant to these regulations.

Summary of Request

    On February 26, 2010, NMFS received a request for a LOA pursuant to 
the aforementioned regulations that would authorize, for a period not 
to exceed 1 year, take of marine mammals incidental to fireworks 
displays at the MBNMS. Justification for conducting fireworks displays 
within the MBNMS can be found in the proposed rule (71 FR 25544, May 1, 
2006) and the in final rule (71 FR 40928, July 19, 2006).

Summary of Activity and Monitoring Under the Current LOA

    In compliance with the 2009 LOA, the MBNMS submitted an annual 
report on the fireworks displays at MBNMS. A summary of that report 
follows.
    For each display, observers conducted pre-event surveys to document 
abundance and distribution of local marine mammal populations within 
the fireworks areas. Following the fireworks display, observers 
conducted post-event monitoring to record the presence of injured or 
dead marine mammals, and other wildlife.
    Pre-event monitoring of the Cambria Independence Day Fireworks on 
July 3 found no marine mammals present at the site and a post-event 
census on July 5 found no injured or dead marine mammals.
    On July 3, observers conducted pre-event monitoring in the Pillar 
Point

[[Page 34701]]

Harbor area for the Half Moon Bay Independence Day Firework and 
recorded five harbor seals and 45 California sea lions. One California 
sea lion that appeared ill was reported to the Marine Mammal Stranding 
Center. Observers recall that the post-event monitoring on July 5 
revealed that no marine mammals were injured or killed; however, the 
records of post-event monitoring were lost.
    Pre-event monitoring for the Pacific Grove Feast of Lanterns 
Fireworks display consisted of enumerating all marine mammals within 
400 meters of the fireworks launch site (survey area). On July 24, 
observers reported the presence of seven harbor seals and four 
California sea lions within the survey area. A post-event monitoring 
survey found that no marine mammals had been injured or killed.
    Finally, pre-event monitoring of the Monte Foundation Fireworks 
Display on October 2 found approximately 34 California sea lions, 
approximately 10 harbor seals, and two bottlenose dolphins within the 
survey area. On October 4, the observers reported that there were no 
injured or dead marine mammals.
    In summary, MBNMS conducted activities as described in the 
regulations, implemented the required mitigation measures, and 
conducted the required monitoring. The total number of potentially 
harassed California sea lions (83) and harbor seals (22) for all 
fireworks displays was well below the authorized limits as stated in 
the final rule (71 FR 40928, July 19, 2006).
    No injuries or fatalities to marine mammals were reported as 
resulting from any of the events. Hence, these monitoring results 
support NMFS' initial findings that fireworks display will result in no 
more than Level B behavioral harassment of small numbers of California 
sea lions and harbor seals and that the effects will be limited to 
short term behavioral changes, including temporary abandonment of haul-
out areas to avoid the sights and sounds of commercial fireworks.

Authorization

    NMFS has issued an LOA to MBNMS authorizing the Level B harassment 
of marine mammals incidental to the coastal commercial fireworks 
display within the Sanctuary. Issuance of this LOA is based on the 
results of the MBNMS 2009 monitoring report which verify that the total 
number of potentially harassed sea lions and harbor seals was well 
below the authorized limits as stated in the final rule (71 FR 40928, 
July 19, 2006). Based on these findings and the information discussed 
in the preamble to the final rule, the activities described under this 
LOA will have a negligible impact on marine mammal stocks and will not 
have an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses. No mortality or injury of 
affected species is anticipated.

    Dated: June 14, 2010.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2010-14833 Filed 6-17-10; 8:45 am]
BILLING CODE 3510-22-S