[Federal Register Volume 76, Number 38 (Friday, February 25, 2011)]
[Notices]
[Pages 10564-10569]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-4291]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA191


Takes of Marine Mammals Incidental to Specified Activities; St. 
George Reef Light Station Restoration and Maintenance at Northwest Seal 
Rock, Del Norte County, CA

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

ACTION: Notice; issuance of an incidental take 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 
the St. George Reef Lighthouse Preservation Society (SGRLPS) to 
incidentally harass, by Level B harassment only, four species of marine 
mammals during aircraft operations, and lighthouse renovation and light 
maintenance activities on the St. George Reef Light Station on 
Northwest Seal Rock (NWSR) in the northeast Pacific Ocean, from the 
period of February 18, 2011, through April 30, 2011, or during the 
period of November 1, 2011, through December 31, 2011.

DATES: This authorization is effective from February 18, 2011, through 
April 30, 2011, and during the period of November 1, 2011, through 
December 31, 2011.

ADDRESSES: A copy of the IHA and 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 containing a list of the references used in this document 
may be obtained by writing to the above address, telephoning the 
contact listed here (see FOR FURTHER INFORMATION CONTACT) or visiting 
the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following associated documents are 
also available at the same Internet address: Environmental Assessment 
(EA) prepared by NMFS; and the finding of no significant impact 
(FONSI). 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 to authorize, upon request, the incidental, 
but not intentional, taking by harassment of small numbers of marine 
mammals of a species or population stock, 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 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 (where relevant). 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.''
    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 a letter on October 13, 2010, from the SGRLPS 
requesting the taking by harassment, of small numbers of marine 
mammals, incidental to aircraft operations and restoration and 
maintenance activities on the St. George Reef Light Station (Station). 
At NMFS' request, the SGRLPS submitted a complete and adequate 
application on November 3, 2010. The SGRLPS aims to: (1) Restore and 
preserve the Station on a monthly basis (November 1-April 30, 
annually); and (2) perform periodic, annual maintenance on the 
Station's optical light system.
    The Station, which is listed in the National Park Service's 
National Register of Historic Places, is located on Northwest Seal Rock 
(NWSR) offshore of Crescent City, California in the northeast Pacific 
Ocean.
    The specified activities would occur in the vicinity of a possible 
pinniped haul out site located on NWSR. Acoustic and visual stimuli 
generated by: (1) Helicopter landings/takeoffs; (2) noise generated 
during restoration activities (e.g., painting, plastering, welding, and 
glazing); (3) maintenance activities (e.g., bulb replacement and 
automation of the light system); and (4) human presence, may have the 
potential to cause any pinnipeds hauled out on NWSR 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 the SGRLPS has requested an 
authorization to take 204 California sea lions (Zalophus 
californianus); 36 Pacific Harbor seals (Phoca vitulina); 172 Steller 
sea lions (Eumetopias jubatus); and six northern fur seals (Callorhinus 
ursinus) by Level B harassment.

Description of the Specified Activity

    SGRLPS would conduct the proposed activities (aircraft operations, 
lighthouse restoration, and light maintenance activities) between 
February 18, 2011, through April 30, 2011, and during the period of 
November 1, 2011, through December 31, 2011, at a maximum frequency of 
one session per month. The duration for each session would last no more 
than three days (e.g., Friday, Saturday, and Sunday).

[[Page 10565]]

Aircraft Operations

    The SGRLPS would transport personnel and equipment from the 
California mainland to NWSR by a small helicopter and would transport 
no more than 15 work crew members and equipment to NWSR. Each session 
would require no more than 36 helicopter landings/takeoffs per month.

Lighthouse Restoration Activities

    Restoration activities would include the removal of peeling paint 
and plaster, restoration of interior plaster and paint, refurbishing 
structural and decorative metal, reworking original metal support beams 
throughout the lantern room and elsewhere, replacing glass as 
necessary, and upgrading the present electrical system.

Light Maintenance Activities

    The SGRLPS would need to conduct maintenance on the Station's 
beacon light at least once or up to two times per year within the 
proposed work window. Scheduled light maintenance activities would 
coincide with lighthouse restoration activities conducted monthly 
during the period of February 18, 2011, through April 30, 2011, or 
during the period of November 1, 2011, through December 31, 2011.

Emergency Light Maintenance

    If the beacon light fails during the period from February 18, 2011, 
through April 30, 2011, or during the period of November 1, 2011, 
through December 31, 2011, the SGRLPS would send a crew of two to three 
people to the Station by helicopter to repair the beacon light. For 
each emergency repair event, the SGRLPS would conduct a maximum of four 
flights (two arrivals and two departures) to transport equipment and 
supplies.
    In the case of an emergency repair between May 1, 2011, and October 
31, 2011, the SGRLPS would consult with the NMFS Southwest Regional 
Office (SWRO) biologist to best determine the timing of the trips to 
the lighthouse, on a case-by-case basis, based upon the existing 
environmental conditions and the abundance and distribution of any 
marine mammals present on NWSR. The SWRO would also ensure that the 
SGRLPS' request for incidental take during emergency repairs would not 
exceed the number of incidental take authorized in the IHA.
    NMFS has outlined the purpose of the program in a previous notice 
for the proposed IHA (75 FR 80471 December 22, 2010). The planned 
activities have not changed between the proposed IHA notice and this 
final notice announcing the issuance of the IHA. For a more detailed 
description of the authorized action, including vessel and acoustic 
source specifications, the reader should refer to the proposed IHA 
notice (75 FR 8047, December 22, 2010).

Comments and Responses

    NMFS published a notice of receipt of the SGRLPS' application and 
proposed IHA in the Federal Register on December 22, 2010 (75 FR 
80471). 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 
monitoring and mitigation measures are carried out (e.g., restrictions 
on the timing and frequency of activities, restrictions on helicopter 
approaches, timing measures for helicopter landings, and measures to 
minimize acoustic and visual disturbances) as described in NMFS' 
December 22, 2010 (75 FR 80471) notice of the proposed IHA and the 
application. All measures proposed in the initial Federal Register 
notice are included within the authorization and NMFS has determined 
that they will effect the least practicable impact on the species or 
stocks and their habitats.

Description of the Specified Geographic Region

    The Station is located on a small, rocky islet 
(41[deg]50[min]24[sec] N, 124[deg]22[min]06[sec] W) approximately nine 
kilometers (km) (6.0 miles (mi)) in the northeast Pacific Ocean, 
offshore of Crescent City, California (Latitude: 41[deg]46[min]48[sec] 
N; Longitude: 124[deg]14[min]11[sec] W).

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species likely to be harassed incidental to 
helicopter operations, lighthouse restoration, and lighthouse 
maintenance on NWSR are the California sea lion, the Pacific Harbor 
seal, the eastern (Distinct Population Segment) U.S. stock of Steller 
sea lion, and the eastern Pacific stock of northern fur seal. 
California sea lions and Pacific harbor seals are not listed as 
threatened or endangered under the Endangered Species Act (ESA; 16 
U.S.C. 1531 et seq.), nor are they categorized as depleted under the 
MMPA. Northern fur seals are not listed as threatened or endangered 
under the ESA. However, they are categorized as depleted under the 
MMPA. Last, the Steller sea lion, eastern U.S. stock is listed as 
threatened under the ESA and is categorized as depleted under the MMPA.
    NMFS presented a more detailed discussion of the status of these 
stocks and their occurrence in the northwestern Pacific Ocean, as well 
as other marine mammal species that may occur around NWSR in the notice 
of the proposed IHA (75 FR 8047, December 22, 2010).

Potential Effects of the Activity on Marine Mammals

    Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g., 
painting, plastering, welding, and glazing); and (3) maintenance 
activities (e.g., bulb replacement and automation of the light system) 
may have the potential to cause Level B harassment of any pinnipeds 
hauled out on NWSR. The effects of sounds from helicopter operations 
and/or restoration and maintenance activities might include one of the 
following: temporary or permanent hearing impairment or behavioral 
disturbance (Southall, et al., 2007).
    There is a dearth of information on acoustic effects of helicopter 
overflights on pinniped hearing and communication (Richardson et al., 
1995) and to NMFS' knowledge, there has been no specific documentation 
of temporary or permanent hearing impairment in free-ranging pinnipeds 
exposed to helicopter operations during realistic field conditions. Any 
noise attributed to the SGRLPS' proposed helicopter operations on NWSR 
would be short-term (approximately 5 minutes per trip) and NMFS would 
expect the ambient noise levels to return to a baseline state when 
helicopter operations have ceased for the day. NMFS does not expect 
that the increased received levels of sound from the helicopter would 
cause temporary or permanent hearing impairment because the pinnipeds 
would flush before the helicopter approached NWSR; thus increasing the 
distance between the pinnipeds and the received sound levels on NWSR 
during the specified activities.
    Some behavioral disturbance is expected; however NMFS expects the 
disturbance to be localized and short-term. If pinnipeds are present on 
NWSR, Level B behavioral harassment of pinnipeds may occur during 
helicopter landing and takeoff from NWSR due to the pinnipeds 
temporarily moving from the rocks and lower structure of NWSR into the 
sea due to the noise and appearance of helicopter during approaches and 
departures. It is expected that all or a portion of the marine mammals 
hauled out on the island will depart the rock and move into the water 
upon the initial helicopter approach.

[[Page 10566]]

    NMFS provided a detailed overview of: (1) The sound levels produced 
by the helicopter; (2) behavioral reactions of pinnipeds to helicopter 
operations and light construction noise; (3) hearing impairment and 
other non-auditory physical effects; (4) behavioral reactions to visual 
stimuli; (5) and specific observations gathered during previous 
monitoring of the marine mammals present on NWSR in the notice of the 
proposed IHA (75 FR 8047, December 22, 2010).

Anticipated Effects on Habitat

    NMFS provided a detailed discussion of the potential effects of 
this action on marine mammal habitat in the notice of the proposed IHA 
(75 FR 8047, December 22, 2010). The SGRLPS proposes to confine all 
restoration activities to the existing structure which is not used by 
marine mammals. Thus, the specified activities will not result in any 
permanent impact on habitats used by the marine mammals in the area, 
including the food sources they use (i.e. fish and invertebrates), and 
there will be no physical damage to any habitat. While it is 
anticipated that the specified activity may result in marine mammals 
avoiding certain areas due to temporary ensonification, this impact to 
habitat is temporary and reversible. The main impact associated with 
the specified activity will be temporarily elevated noise levels and 
the associated direct effects on marine mammals, previously discussed 
in this notice.

Mitigation

    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 the availability of 
such species or stock for taking for certain subsistence uses.
    The SGRLPS has based the mitigation measures described herein, to 
be implemented for the helicopter operations and restoration 
activities, on the following: (1) Protocols used during the 2010 IHA 
for helicopter operations and restoration activities as approved by 
NMFS; (2) recommended best practices in Richardson et al. (1995); and 
(3) reasonable and prudent measures implemented by the terms and 
conditions of the section 7 ESA Biological Opinion's (BiOp) Incidental 
Take Statement (ITS).
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities, the SGRLPS and/or its designees 
will implement the following mitigation measures for marine mammals:
    (1) Limit the time and frequency of the restoration activities;
    (2) Employ helicopter approach and timing techniques; and
    (3) Avoidance of visual and acoustic contact with marine mammals by 
the SGRLPS and/or its designees.
    Time and Frequency: The SGRLPS will conduct lighthouse restoration 
activities at maximum frequency of once per month between February 18, 
2011, through April 30, 2011, or between November 1, 2011, through 
December 31, 2011. Each restoration session will last no more than 
three days. Maintenance of the light beacon will occur only in 
conjunction with restoration activities.
    Helicopter Approach and Timing Techniques: The SGRLPS shall ensure 
that helicopter approach patterns to the lighthouse will be such that 
the timing techniques are least disturbing to marine mammals. To the 
extent possible, the helicopter should approach NWSR when the tide is 
too high for the marine mammals to haul-out on NWSR.
    Since the most severe impacts (stampede) are precipitated by rapid 
and direct helicopter approaches, initial approach to the Station must 
be offshore from the island at a relatively high altitude (e.g., 800-
1,000 ft; 244-305 m). Before the final approach, the helicopter shall 
circle lower, and approach from area where the density of pinnipeds is 
the lowest. If for any safety reasons (e.g., wind condition) such 
helicopter approach and timing techniques cannot be achieved, the 
SGRLPS must abort the restoration and maintenance activities for that 
day.
    Avoidance of Visual and Acoustic Contact with Marine Mammals: The 
SGRLPS will instruct its members and restoration crews to avoid making 
unnecessary noise and not expose themselves visually to pinnipeds 
around the base of the lighthouse. The door to the lower platform 
(which is used at times by pinnipeds) shall remain closed and 
barricaded to all tourists and other personnel.
    NMFS has carefully evaluated the applicant's 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 another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation, including safety and practicality of implementation.
    Based on our evaluation of the applicant's mitigation measures, 
NMFS has determined that these 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.

Summary of Previous Monitoring

    The SGRLPS complied with the mitigation and monitoring required 
under the previous authorization for the 2010 season. In compliance 
with the 2010 IHA, the SGRLPS submitted a final report on the 
activities at the Station, covering the period of January 27, 2010 
through April 30, 2010. During the effective dates of the 2010 IHA, the 
SGRLPS conducted two sessions of aircraft operations and restoration 
activities on NWSR which did not exceed the activity levels analyzed 
under the 2010 authorization. The 2010 IHA required that the SGRLPS 
conduct a pre-restoration and post-restoration aerial survey of all 
marine mammals hauled-out on NWSR for each session.
    On February 26, 2010, the SGRLPS' photographed the haulout areas on 
the initial approach to NWSR. During the approach, the photographer 
observed no animals hauled out on NWSR. The SGRLPS observed no animals 
hauled on NWSR during the two-day restoration session and no pinnipeds 
were present during the helicopter's February 28th departure flight to 
the mainland.
    On April 9, 2010, the SGRLPS' photographed the haulout areas on the 
initial approach to NWSR. Similar to the February session, the 
photographer observed no animals hauled out on NWSR during approach. 
The SGRLPS observed no animals hauled on NWSR during the three-day 
restoration session and no pinnipeds were present during the 
helicopter's April 11th departure flight to the mainland.
    The SGRLPS observed no animals hauled on NWSR during the entirety 
of each session. As there were no observed impacts to pinnipeds from 
these activities, NMFS was unable to assess

[[Page 10567]]

the effectiveness of mitigation measures for helicopter approaches set 
forth in the 2010 IHA. However, the 2010 IHA restricted SGRLP's access 
to NWSR during the pupping season, thus effecting the least practical 
adverse impact on the species or stock. These results did not refute 
NMFS' original findings.

Monitoring

    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.
    At least once during the period between February 18, 2011, through 
April 30, 2011, or during the period of November 1, 2011, through 
December 31, 2011 a qualified biologist shall be present during all 
three workdays at the Station. The biologist hired will be subject to 
approval of NMFS. This requirement may be modified depending on the 
results of the second year of monitoring.
    The qualified biologist shall document use of the island by the 
pinnipeds (i.e., frequency, dates, time, tidal height, species, numbers 
present, and any disturbances) and note any responses to potential 
disturbances. In the event of any observed Steller sea lion injury, 
mortality, or the presence of newborn pup, the SGRLPS will notify the 
NMFS' SWRO Administrator and the NMFS' Director of the Office of 
Protected Resources immediately.
    Aerial photographic surveys may provide the most accurate means of 
documenting species composition, age and sex class of pinnipeds using 
the project site during human activity periods. Aerial photo coverage 
of the island shall be completed from the same helicopter used to 
transport the SGRLPS personnel to the island during restoration trips. 
Photographs of all marine mammals hauled out on the island shall be 
taken at an altitude greater than 300 m (984 ft) by a skilled 
photographer, prior to the first landing on each visit included in the 
monitoring program. Photographic documentation of marine mammals 
present at the end of each three-day work session shall also be made 
for a before and after comparison. Data shall be provided to NMFS in 
the form of a report with a data table, any other significant 
observations related to marine mammals, and a report of restoration 
activities (see Reporting). The original photographs can be made 
available to NMFS or other marine mammal experts for inspection and 
further analysis.

Reporting

    The SGRLPS personnel will record data to document the number of 
marine mammals exposed to helicopter noise and to document apparent 
disturbance reactions or lack thereof. SGRLPS and NMFS will use the 
data to estimate numbers of animals potentially taken by Level B 
harassment.

Interim Monitoring Report

    The SGRLPS will submit interim monitoring reports to the NMFS SWRO 
Administrator and the NMFS Director of Office of Protected Resources no 
later than 30 days after the conclusion of each monthly session. The 
interim report will describe the operations that were conducted and 
sightings of marine mammals near the proposed project. The report will 
provide full documentation of methods, results, and interpretation 
pertaining to all monitoring.
    Each interim report will provide:
    (i) A summary and table of the dates, times, and weather during all 
helicopter operations, and restoration and maintenance activities.
    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to acoustic stimuli associated with the 
helicopter operations, restoration and maintenance activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.

Final Monitoring Report

    In addition to the interim reports, the SGRLPS will submit a draft 
Final Monitoring Report to NMFS no later than 90 days after the project 
is completed to the Regional Administrator and the Director of Office 
of Protected Resources at NMFS Headquarters. Within 30 days after 
receiving comments from NMFS on the draft Final Monitoring Report, the 
SGRLPS must submit a Final Monitoring Report to the Regional 
Administrator and the NMFS Director of Office of Protected Resources. 
If the SGRLPS receives no comments from NMFS on the draft Final 
Monitoring Report, the draft Final Monitoring Report will be considered 
to be the Final Monitoring Report.
    The final report will provide:
    (i) A summary and table of the dates, times, and weather during all 
helicopter operations, and restoration and maintenance activities.
    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to acoustic stimuli associated with the 
helicopter operations, restoration and maintenance activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.

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 helicopter operations and restoration and maintenance 
activities on NWSR.
    Based on pinniped survey counts conducted by CCR on NWSR in the 
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), NMFS estimates that 
approximately 204 California sea lions (calculated by multiplying the 
average monthly abundance of California sea lions (zero in April, 1997 
and 34 in April,1998) present on NWSR by six months of the proposed 
restoration and maintenance activities), 172 Steller sea lions (NMFS' 
estimate of the maximum number of Steller sea lions that could be 
present on NWSR with a 95-percent confidence interval), 36 Pacific 
harbor seals (calculated by multiplying the maximum number of harbor 
seals present on NWSR (6) by six months), and 6 northern fur seals 
(calculated by multiplying the maximum number of northern fur seals 
present on NWSR (1)

[[Page 10568]]

by six months) could be potentially affected by Level B behavioral 
harassment over the course of the proposed IHA. Estimates of the 
numbers of marine mammals that might be affected are based on 
consideration of the number of marine mammals that could be disturbed 
appreciably by approximately 51 hrs of aircraft operations during the 
course of the proposed activity. These incidental harassment take 
numbers represent approximately 0.14 percent of the U.S. stock of 
California sea lion, 0.42 percent of the eastern U.S. stock of Steller 
sea lion, 0.11 percent of the California stock of Pacific harbor seals, 
and 0.06 percent of the San Miguel Island stock of northern fur seal.
    All of the potential takes are expected to be Level B behavioral 
harassment only. Because of the required mitigation measures and the 
likelihood that some pinnipeds will avoid the area, no injury or 
mortality to pinnipeds is expected or 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 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 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 four species of marine 
mammals could be potentially affected by Level B harassment over the 
course of the IHA. For each species, these numbers are small (each, 
less than one percent) relative to the population size.
    No takes by Level A harassment, serious injury, or mortality are 
anticipated to occur as a result of the SGRLPS' proposed activities, 
and none are authorized. Only short-term behavioral disturbance is 
anticipated to occur due to the brief and sporadic duration of the 
proposed activities; the availability of alternate areas near NWSR for 
marine mammals to avoid the resultant acoustic disturbance; and limited 
access to NWSR during the pupping season. Due to the nature, degree, 
and context of the behavioral harassment anticipated, the activities 
are not expected to impact rates of recruitment or survival.
    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 SGRLPS' helicopter operations and 
restoration/maintenance activities, would result in the incidental take 
of small numbers of marine mammals, by Level B harassment only, and 
that the total taking from the helicopter operations and restoration/
maintenance activities would 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 (ESA)

    The Steller sea lion, eastern Distinct Population Segment is listed 
as threatened under the ESA and occurs in the action area. NMFS 
Headquarters' Office of Protected Resources, Permits, Conservation, and 
Education Division conducted a formal section 7 consultation under the 
ESA with the Southwest Region, NMFS. On January 27, 2010, the Southwest 
Region issued a BiOp and concluded that the issuance of IHAs are likely 
to adversely affect, but not likely to jeopardize the continued 
existence of Steller sea lions. NMFS has designated critical habitat 
for the eastern Distinct Population Segment of Steller sea lions in 
California at A[ntilde]o Nuevo Island, Southeast Farallon Island, 
Sugarloaf Island and Cape Mendocino, California pursuant to section 4 
of the ESA (see 50 CFR 226.202(b)). Northwest Seal Rock is neither 
within nor nearby these designated areas. Finally, the BiOp included an 
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 2010 BiOp and determined that there is 
no new information regarding effects to Steller 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 2010-2012 ITS. 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 the 
SGRLPS, NMFS prepared an Environmental Assessment (EA) in 2010 that was 
specific to conducting aircraft operations and restoration and 
maintenance work on the St. George Reef Light Station. The EA, titled 
``Issuance of an Incidental Harassment Authorization to Take Marine 
Mammals by Harassment Incidental to Conducting Aircraft Operations, 
Lighthouse Restoration and Maintenance Activities on St. George Reef 
Lighthouse Station in Del Norte County, California,'' evaluated the 
impacts on the human environment of NMFS' authorization of incidental 
Level B harassment resulting from the specified activity in the 
specified geographic region. At that time, NMFS concluded that issuance 
of an IHA November 1 through April 30, annually would not significantly 
affect the quality of the human environment and issued a Finding of No 
Significant Impact (FONSI) for the 2010 EA regarding the SGRLPS' 
activities. In conjunction with the SGRLPS' 2011 application, NMFS has 
again reviewed the 2010 EA 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. 
NMFS, therefore, reaffirms the 2010 FONSI. A copy of the EA and the 
FONSI for this activity is available upon request (see ADDRESSES).

Determinations

    NMFS has determined that the impact of conducting the specific 
helicopter operations and restoration activities described in this 
notice and in the IHA request in the specific geographic region in the 
northwestern Pacific Ocean may result, at worst, in a temporary 
modification in behavior (Level B harassment) of small numbers of 
marine mammals. Further, this activity is expected to result in a 
negligible impact on the affected species or stocks of marine mammals. 
The provision requiring that the activity not have an unmitigable 
impact on the availability of the affected species or stock of marine 
mammals for subsistence uses is not implicated for this action.

Authorization

    As a result of these determinations, NMFS has issued an IHA to the 
SGRLPS to conduct helicopter operations and restoration and maintenance 
work on the St. George Reef Light Station on Northwest Seal Rock in the 
northeast

[[Page 10569]]

Pacific Ocean from the period of February 18, 2011, through April 30, 
2011, or during the period of November 1, 2011, through December 31, 
2011, provided the previously mentioned mitigation, monitoring, and 
reporting requirements are incorporated. The duration of the IHA would 
not exceed one year from the date of its issuance.

    Dated: February 16, 2011.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2011-4291 Filed 2-24-11; 8:45 am]
BILLING CODE 3510-22-P