[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79157-79166]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-32692]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA877


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; proposed incidental take authorization; request for 
comments.

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SUMMARY: NMFS has received an application from the St. George Reef 
Lighthouse Preservation Society (SGRLPS), for an Incidental Harassment 
Authorization (IHA) to take marine mammals, by harassment incidental to 
conducting aircraft operations, 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 through April, 2012 and during the period of 
November through December, 2012. Pursuant to the Marine Mammal 
Protection Act (MMPA), NMFS is requesting comments on its proposal to 
issue an IHA to SGRLPS to incidentally harass, by Level B harassment 
only, four species of marine mammals during the specified activity.

DATES: Comments and information must be received no later than January 
20, 2012.

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. The mailbox address for 
providing email comments is [email protected]. NMFS is not responsible 
for email comments sent to addresses other than the one provided here. 
Comments sent via email, including all attachments, must not exceed a 
10-megabyte file size.
    Instructions: 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.
    An electronic 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

[[Page 79158]]

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 7, 2011, 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). 
NMFS determined that application complete and adequate on October 21, 
2011. The SGRLPS aims to: (1) restore and preserve the Station on a 
monthly basis (February-April, and November-December, 2012); 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 proposed 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.
    To date, NMFS has issued two, 1-year IHAs to the SGRLPS for the 
conduct of the same activities from 2009 to 2011. This is the SGRLPS' 
third request for an IHA; the current IHA will expire on December 31, 
2011 (75 FR 10564, February 25, 2011).

Description of the Specified Activity

    SGRLPS proposes to conduct the proposed activities (aircraft 
operations, lighthouse restoration, and light maintenance activities) 
from the period of February through April, 2012 and during the period 
of November through December, 2012, at a maximum frequency of one 
session per month. The proposed duration for each session would last no 
more than three days (e.g., Friday, Saturday, and Sunday).

Aircraft Operations

    Because NWSR has no safe landing area for boats, the proposed 
restoration activities would require the SGRLPS to transport personnel 
and equipment from the California mainland to NWSR by a small 
helicopter. Helicopter landings take place on top of the engine room 
(caisson) which is approximately 15 m (48 ft) above the surface of the 
rocks on NWSR.
    SGRLPS proposes to transport no more than 15 work crew members and 
equipment to NWSR for each session and estimates that each session 
would require no more than 36 helicopter landings/takeoffs per month. 
During landing, the helicopter would land on the caisson to allow the 
work crew members to disembark and retrieve their equipment located in 
a basket attached to the underside of the helicopter. The helicopter 
would then return to the mainland to pick up additional personnel and 
equipment. Even though SGRLPS would use the helicopter to transport 
work crew members and materials on the first and last days of the 
three-day activity, the helicopter would likely fly to and from the 
Station on all three days of the restoration and maintenance 
activities.
    Proposed schedule: SGRLPS would conduct a maximum of 16 flights 
(eight arrivals and eight departures) for the first day. The first 
flight would depart from Crescent City Airport at approximately 9 a.m. 
for a 6-minute flight to NWSR. The helicopter would land and takeoff 
immediately after offloading personnel and equipment every 20 minutes 
(min). The total duration of the first day's aerial operations would 
last for approximately 3 hours (hrs) and 26 min and would end at 
approximately 12:34 p.m. Crew members would remain overnight at the 
Station and would not return to the mainland on the first day.
    For the second day, the SGRLPS would conduct a maximum of 10 
flights (five arrivals and five departures) to transport additional 
materials on and off the islet. The first flight would depart from 
Crescent City Airport at 9 a.m. for a 6-minute flight to NWSR. The 
total duration of the second day's aerial operations would last up to 
three hours.
    For the final day of operations, SGRLPS would conduct a maximum of 
eight helicopter flights (four arrivals and four departures) to 
transport the remaining crew members and equipment/material back to the 
Crescent City Airport. The total duration of the third day's helicopter 
operations in support of restoration would last up to 2 hrs and 14 min.
    As a mean of funding support for the restoration activities, the 
SGRLPS will conduct public tours of the Station during the last day of 
the proposed restoration and maintenance activities. SGRLPS proposes to 
transport visitors to the Station during the Sunday work window period. 
Although some of these flights would be conducted solely for the 
transportation of tourists, those flights would be conducted at a later 
stage when no pinnipeds are expected to be at the Station. The proposed 
IHA does not include additional allowance

[[Page 79159]]

for animals that might be affected by additional flights for the 
transportation of tourists.

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. The SGRLPS 
expects to complete most of the major restoration work within five 
years.

Light Maintenance Activities

    The SGRLPS will 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 through April, 2012 and during the period of November 
through December, 2012. The SGRLPS expects that maintenance activities 
would not exceed three hrs per each monthly session.

Emergency Light Maintenance

    If the beacon light fails during the period from February 10, 2012, 
through April 30, 2012, or during the period of November 1, 2012, 
through December 31, 2012, the SGRLPS proposes to 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 proposes to conduct a 
maximum of four flights (two arrivals and two departures) to transport 
equipment and supplies. The helicopter may remain on site or transit 
back to shore and make a second landing to pick up the repair 
personnel.
    In the case of an emergency repair between May 1, 2012, and October 
31, 2012, the SGRLPS would consult with the NMFS Southwest Regional 
Office (SWRO) 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 biologists would have real-
time knowledge regarding the animal use and abundance of the NWSR at 
the time of the repair request and would make a decision regarding when 
the trips to the lighthouse can be made during the emergency repair 
time window that would have the least practicable adverse impact to 
marine mammals. 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 proposed IHA.
    Complete automation of the light generating system and automatic 
backup system will minimize maintenance and emergency repair visits to 
the island. The light is solar powered using one solar panel; an 
installed second panel serves as a backup which is automatically 
activated if needed. A second smaller bulb in the lantern is activated 
if the primary bulb fails. Use of high quality, durable materials and 
thorough weatherproofing is planned to minimize trips for maintenance 
and repair in the future. All tools and supplies are stored on the 
island so that a minimal number of transport trips for emergency 
maintenance will be necessary.

Acoustic Source Specifications

R44 Raven Helicopter

    The SGRLPS plans to charter a Raven R44 helicopter, owned and 
operated by Air Shasta Rotor and Wing, LLC. The Raven R44, which seats 
three passengers and one pilot, is a compact-sized (1134 kilograms 
(kg), 2500 pounds (lbs)) helicopter with two-bladed main and tail 
rotors. Both sets of rotors are fitted with noise-attenuating blade tip 
caps that would decrease flyover noise.

Metrics Used in This Document

    This section includes a brief explanation of the sound measurements 
frequently used in the discussions of acoustic effects in this 
document. Sound pressure is the sound force per unit area, and is 
usually measured in micropascals ([mu]Pa), where 1 pascal (Pa) is the 
pressure resulting from a force of one newton exerted over an area of 
one square meter. Sound pressure level (SPL) is expressed as the ratio 
of a measured sound pressure and a reference level. The commonly used 
reference pressure is 1 [mu]Pa for under water, and the units for SPLs 
are dB re: 1 [mu]Pa. The commonly used reference pressure is 20 [mu]Pa 
for in air, and the units for SPLs are dB re: 20 [mu]Pa.

SPL (in decibels (dB)) = 20 log (pressure/reference pressure)

    SPL is an instantaneous measurement and can be expressed as the 
peak, the peak-peak (p-p), or the root mean square (rms). Root mean 
square, which is the square root of the arithmetic average of the 
squared instantaneous pressure values, is typically used in discussions 
of the effects of sounds on vertebrates and all references to SPL in 
this document refer to the root mean square unless otherwise noted. SPL 
does not take the duration of a sound into account.

Characteristics of the Aircraft Noise

    Noise testing performed on the R44 Raven Helicopter, as required 
for Federal Aviation Administration approval, required an overflight at 
150 m (492 ft) above ground level, 109 knots and a maximum gross weight 
of 1,134 kg (2,500 lbs). The noise levels measured on the ground at 
this distance and speed were 81.9 decibels (dB) re: 20 [mu]Pa (A-
weighted) for the model R44 Raven I, or 81.0 dB re: 20 [mu]Pa (A-
weighted) for the model R44 Raven II (NMFS, 2007).
    The helicopter would land on the Station's caisson and presumably, 
the received sound levels would increase above 81-81.9 dB re: 20 [mu]Pa 
(A-weighted) at the landing area.

Characteristics of Restoration and Maintenance Noise

    Restoration and maintenance activities would involve 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, upgrading the present electrical system; and annual 
light beacon maintenance. Any noise associated with these activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills). The SGRLPS proposes to confine all restoration 
activities to the existing structure which would occur on the upper 
levels of the Station. The pinnipeds of NWSR do not have access to this 
area.
    NMFS expects that acoustic stimuli resulting from the proposed 
helicopter operations; noise from maintenance and restoration 
activities; and human presence has the potential to harass marine 
mammals, incidental to the conduct of the proposed activities. NMFS 
expects these disturbances to be temporary and 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.

Description of the Specified Geographic Region

    The Station is located on a small, rocky islet (41[deg]50'24'' N, 
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi)) 
in the northeast Pacific Ocean, offshore of Crescent City, California 
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W). NWSR is 
approximately 91.4 m (300 ft) in diameter that peaks at 5.18 m (17 ft)

[[Page 79160]]

above mean sea level. The Station, built in 1892, rises 45.7 m (150 ft) 
above the sea, consists of hundreds of granite blocks, is topped with a 
cast iron lantern room, and covers much of the surface of the islet.

Description of Marine Mammals in the Area of the Proposed 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 and the eastern Pacific stock of northern fur seal. 
NMFS refers the reader to Caretta et al., (2011) and Allen and Angliss 
(2011) for general information of these species. The stock assessment 
reports are available at the following URLs: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011_draft.pdf and http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2011_draft.pdf respectively. NMFS presents a summary of 
information on these species is presented below this section.

California Sea Lion

    California sea lions 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. The California sea lion, 
found from southern Mexico to southwestern Canada, is now considered to 
be a full species, separated from Galapagos sea lion (Z. wollebaeki) 
and the extinct Japanese sea lion (Z. japonicus) (Brunner 2003, Wolf et 
al., 2007, Schramm et al., 2009). Genetic analysis of California sea 
lions identified five genetically distinct geographic populations: (1) 
Pacific Temperate, (2) Pacific Subtropical, (3) Southern Gulf of 
California, (4) Central Gulf of California and (5) Northern Gulf of 
California (Schramm et al., 2009). Animals from the temperate 
population range north into Canadian waters, and some movement of 
animals between U.S. waters and Baja California waters has been 
documented though the distance between the major U.S. and Baja 
California rookeries.
    In 2011, the estimated population of the U.S. stock of California 
sea lion ranged from 153,337 to 296,750 animals and the maximum 
population growth rate was 9.2 percent when pup counts from El 
Ni[ntilde]o years (1983, 1984, 1992, 1993, 1998, and 2003) were removed 
(Carretta et al., 2011).
    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. The breeding areas of the 
California sea lion are on islands located in southern California, 
western Baja California, and the Gulf of California. Males are 
polygamous, establishing breeding territories that may include up to 14 
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.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the SGRLPS. They reported 
that counts of California sea lions on NWSR varied greatly (from six to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April-May), summer (June-August), and fall (September-October), 
averaged 60, 154, and 235, respectively (CCR, 2001).
    Recent counts by NMFS in July (2000-2004) have been relatively low 
as the total number of California sea lions recorded in 2000 and 2003 
were 3 and 11, respectively (M. Lowry, NMFS, SWFSC, unpublished data). 
Similarly, the SGRLPS reported that California sea lions were not 
present on NWSR during the 2010 season; and during the current 2011 
season the SGRLPS has preliminarily reported sighting a total of two 
California sea lions in the vicinity of NWSR (Terry McNamara, SGRLPS, 
pers. comm.).

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 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., 2011). 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 2011, the estimated population of the California of Pacific 
harbor seals ranged from 26,667 to 30,196 animals and the maximum 
population growth rate was 3.5 percent (Carretta et al., 2011).
    In California, over 500 harbor seal haul out 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. The nearest harbor 
seal rookery relative to the proposed project site is at Castle Rock 
National Wildlife Refuge, located approximately located 965 m (0.6 mi) 
south of Point St. George, and 2.4 km (1.5 mi) north of the Crescent 
City Harbor in Del Norte County, California (USFWS, 2007).
    CCR noted that harbor seal use of NWSR was minimal, with only one 
sighting of a group of six animals, during 20 observation surveys. They 
hypothesized that harbor seals may avoid the islet because of its 
distance from shore, relatively steep topography, and full exposure to 
rough and frequently turbulent sea swells. For the 2010 and 2011 
seasons, the SGRLPS has not observed any Pacific harbor seals present 
on NWSR during restoration activities.

Northern Fur Seal

    Northern fur seals are not listed as threatened or endangered under 
the ESA. However, they are categorized as depleted under the MMPA. 
Northern fur seals occur from southern California north to the Bering 
Sea and west to the Sea of Okhotsk and Honshu Island of Japan. Two 
separate stocks of northern fur seals are recognized within U.S. 
waters: An Eastern Pacific stock distributed among sites in Alaska, 
British Columbia; and a San Miguel Island stock distributed along the 
west coast of the continental U.S.
    Northern fur seals may temporarily haul out on land at other sites 
in Alaska,

[[Page 79161]]

British Columbia, and on islets along the west coast of the continental 
United States, but generally this occurs outside of the breeding season 
(Fiscus, 1983).
    In 2011, the estimated population of the San Miguel Island stock 
ranged from 5,395 to 9,968 animals and the maximum population growth 
rate was 12 percent (Carretta et al., 2011).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental U.S., but individuals occasionally 
come ashore on islands well offshore (i.e., Farallon Islands and 
Channel Islands in California). During the breeding season, 
approximately 74 percent of the worldwide population is found on the 
Pribilof Islands in Alaska, with the remaining animals spread 
throughout the North Pacific Ocean (Lander and Kajimura, 1982).
    CCR observed one male northern fur seal on NWSR in October, 1998 
(CCR, 2001). It is possible that a few animals may use the island more 
often that indicated by the CCR surveys, if they were mistaken for 
other otariid species (M. DeAngelis, NMFS, pers. comm.). For the 2010 
and 2011 seasons, the SGRLPS has not observed any northern fur seals 
present on NWSR during restoration activities (Terry McNamara, SGRLPS, 
pers. comm.).

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 (Sease and York, 2003).
    In 2011, the estimated population of the eastern U.S. stock ranged 
from 52,847 to 72,223 animals and the maximum population growth rate 
was 3.1 percent (Allen and Angliss, 2011).
    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 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).
    CCR reported that Steller sea lion numbers at NWSR ranged from 20 
to 355 animals. Counts of Steller sea lions during the spring (April-
May), summer (June-August), and fall (September-October), averaged 68, 
110, and 56, respectively (CCR, 2001). A more recent survey at NWSR 
between 2000 and 2004 showed Steller sea lion numbers ranged from 175 
to 354 in July (M. Lowry, NMFS/SWFSC, unpubl. data). Winter use of NWSR 
by Steller sea lion is presumed to be minimal, due to inundation of the 
natural portion of the island by large swells.
    For the 2010 the SGRLPS reported that no Steller sea lions were 
present in the vicinity of NWSR during restoration activities. During 
the current 2011 season the SGRLPS has preliminarily reported sighting 
a total of nine California sea lions rafting near NWSR during 
restoration activities (Terry McNamara, SGRLPS, pers. comm.).

Other Marine Mammals in the Proposed Action Area

    There are several endangered cetaceans that have the potential to 
transit in the vicinity of NWSR including the blue (Balaenoptera 
musculus), fin (Balaenoptera physalus), humpback (Megaptera 
novaeangliae), sei (Balaenoptera borealis), north Pacific right 
(Eubalena japonica), sperm (Physeter macrocephalus), and southern 
resident killer (Orcinus orca) whales.
    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the ESA and categorized as depleted under the MMPA, 
usually range in coastal waters within two km of shore. Neither CCR nor 
the SGRLPS has encountered California sea otters on NWSR during the 
course of the four-year wildlife study (CCR, 2001) nor has the SGRLPS 
encountered the species during the course of the previous two IHAs. The 
U.S. Fish and Wildlife Service (USFWS) manages the sea otter and NMFS 
will not consider this species further in this proposed IHA notice.
    All of the aforementioned species are found farther offshore than 
the proposed action area and are not likely to be affected by the 
restoration and maintenance activities. Accordingly, NMFS will not 
consider these species in greater detail and the proposed IHA will only 
address requested take authorizations for pinnipeds.

Potential Effects 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).

Hearing Impairment

    Marine mammals produce sounds in various important contexts--social 
interactions, foraging, navigating, and to responding to predators. The 
best available science suggests that pinnipeds have a functional aerial 
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and 
can produce a diversity of sounds, though generally from 100 Hz to 
several tens of kHz (Southall, et al., 2007).
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran, 
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount 
of threshold shift include the amplitude, duration, frequency content, 
temporal pattern, and energy distribution of noise exposure. The 
magnitude of hearing threshold shift normally decreases over time 
following cessation of the noise exposure. The amount of threshold 
shift just after exposure is called the initial threshold shift. If the 
threshold shift eventually returns to zero (i.e., the threshold returns 
to the pre-exposure value), it is called temporary threshold shift 
(TTS) (Southall et al., 2007).
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the engine of the aircraft (Born, Riget, 
Dietz, and Andriashek, 1999; Richardson, Greene,

[[Page 79162]]

Malme, and Thomson, 1995). Data on underwater TTS-onset in pinnipeds 
exposed to pulses are limited to a single study which exposed two 
California sea lions to single underwater pulses from an arc-gap 
transducer and found no measurable TTS following exposures up to 183 dB 
re: 1 [micro]Pa (peak-to-peak) (Finneran, Dear, Carder, and Ridgway, 
2003).
    TTS has been demonstrated and studied in certain captive 
odontocetes and pinnipeds exposed to strong sounds (reviewed in 
Southall et al., 2007). In 2004, researchers measured auditory fatigue 
to airborne sound in harbor seals, California sea lions, and northern 
elephant seals (Mirounga angustirostris) after exposure to non-pulse 
noise for 25 minutes (Kastak, Southall, Holt, Kastak, and Schusterman, 
2004). In the study, the harbor seal experienced approximately 6 dB of 
TTS at 99 dB re: 20 [micro]Pa. Onset of TTS was identified in the 
California sea lion at 122 dB re: 20 [micro]Pa. The northern elephant 
seal experienced TTS-onset at 121 dB re: 20 [micro]Pa (Kastak et al., 
2004).
    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 TTS, let alone permanent threshold shift (PTS), in free-ranging 
pinnipeds exposed to helicopter operations during realistic field 
conditions.
    In 2008, NMFS issued an IHA to the U.S. Fish and Wildlife Service 
(USFWS) for the take of small numbers of Steller sea lions and Pacific 
harbor seals, incidental to rodent eradication activities on an islet 
offshore of Rat Island, AK conducted by helicopter. The 15-minute 
aerial treatment consisted of the helicopter slowly approaching the 
islet at an elevation of over 1,000 feet (304.8 m); gradually 
decreasing altitude in slow circles; and applying the rodenticide in a 
single pass and returning to Rat Island. The gradual and deliberate 
approach to the islet resulted in the sea lions present initially 
becoming aware of the helicopter and calmly moving into the water. 
Further, the USFWS reported that all responses fell well within the 
range of Level B harassment (i.e., alert head raises without moving or 
limited, short-term displacement resulting from aircraft noise due to 
helicopter overflights).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haulout areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Any 
noise attributed to the SGRLPS' proposed helicopter operations on NWSR 
would be short-term (approximately 5 min per trip). NMFS would expect 
the ambient noise levels to return to a baseline state when helicopter 
operations have ceased for the day. Per Richardson et al. (1995), 
approaching aircraft generally flush animals into the water and noise 
from a helicopter is typically directed down in a ``cone'' underneath 
the aircraft. As the helicopter landings take place 15 m (48 ft) above 
the surface of the rocks on NWSR, NMFS presumes that the received sound 
levels would increase above 81-81.9 dB re: 20 [mu]Pa (A-weighted) at 
the landing pad. However, NMFS does not expect that the increased 
received levels of sound from the helicopter would cause TTS or PTS 
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 proposed action.

Behavioral Disturbance

    There is increasing recognition that the effect of human 
disturbance on wildlife is highly dependent on the nature of the 
disturbance (Burger et al., 1995; Klein et al., 1995; and Kucey, 2005). 
Disturbances resulting from human activity can impact short- and long-
term pinniped haul out behavior (Renouf et al., 1981; Schneider and 
Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). The apparent skittishness of both harbor seals and 
Steller sea lions raises concerns regarding behavioral and 
physiological impacts to individuals and populations experiencing high 
levels of human disturbance. It is well known that human activity can 
flush harbor seals off haul out sites (Allen et al., 1984; Calambokidis 
et al., 1991; Suryan and Harvey, 1999; Mortenson et al., 2000).
    The Hawaiian monk seal (Monachus schauinslandi) has been shown to 
avoid beaches that have been disturbed often by humans (Kenyon, 1972). 
Stevens and Boness (2003) concluded that after the 1997-98 El 
Ni[ntilde]o, when populations of the South American fur seal, 
Arctocephalus australis, in Peru declined dramatically, seals abandoned 
some of their former primary breeding sites, but continued to breed at 
adjacent beaches that were more rugged (i.e., less likely to be used by 
humans). Abandoned and unused sites were more likely to have human 
disturbance than currently used sites. In one case, human disturbance 
appeared to cause Steller sea lions to desert a breeding area at 
Northeast Point on St. Paul Island, Alaska (Kenyon, 1962).
    It is likely that the initial helicopter approach to the Station 
would cause a subset, or all of the marine mammals hauled out on NWSR 
to depart the rock and flush into the water. The physical presence of 
aircraft could also lead to non-auditory effects on marine mammals 
involving visual or other cues. Airborne sound from a low-flying 
helicopter or airplane may be heard by marine mammals while at the 
surface or underwater. In general, helicopters tend to be noisier than 
fixed wing aircraft of similar size and underwater sounds from aircraft 
are strongest just below the surface and directly under the aircraft. 
Noise from aircraft would not be expected to cause direct physical 
effects but have the potential to affect behavior. The primary factor 
that may influence abrupt movements of animals is engine noise, 
specifically changes in engine noise. Responses by mammals could 
include hasty dives or turns, change in course, or flushing and 
stampeding from a haul out site. There are few well documented studies 
of the impacts of aircraft overflight over pinniped haul out sites or 
rookeries, and many of those that exist, are specific to military 
activities (Efroymson et al., 2001).
    Several factors complicate the analysis of long- and short-term 
effects for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAELs) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and

[[Page 79163]]

harbor seals observed on San Miguel Island, CA; animals responded to 
some degree by moving within the haul out and entering into the water, 
stampeding into the water, or clearing the haul out completely. Both 
species always responded with the raising of their heads. California 
sea lions appeared to react more to the visual cue of the helicopter 
than the noise.
    If pinnipeds are present on NWSR, it is likely that a helicopter 
landing at the Station would cause 100 percent of the pinnipeds on NWSR 
to flush; however, when present, they appear to show rapid habituation 
to helicopter landing and departure (Crescent Coastal Research, 2001; 
Guy Towers, SGRLPS, pers. com.). According to the CCR Report (2001), 
while up to 40 percent of the California and Steller sea lions present 
on the rock have been observed to enter the water on the first of a 
series of helicopter landings, as few as zero percent have flushed on 
subsequent landings on the same date.
    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 the Station 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 initial helicopter approaches. 
The movement to the water is expected to be gradual due to the required 
controlled helicopter approaches (see Proposed Mitigation section), the 
small size of the aircraft, the use of noise-attenuating blade tip caps 
on the rotors, and behavioral habituation on the part of the animals as 
helicopter trips continue throughout the day. During the sessions of 
helicopter activity, if present on NWSR, some animals may be 
temporarily displaced from the island and either raft in the water or 
relocate to other haul-outs.
    Sea lions have shown habituation to helicopter flights within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrival/departures within a short time period, animals are expected to 
show less response to subsequent landings. No impact on the population 
size or breeding stock of Steller sea lions, California sea lions, 
Pacific harbor seals, or northern fur seals is expected to occur.
    Restoration and maintenance activities would involve 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, upgrading the present electrical system; and annual 
light beacon maintenance. Any noise associated with these activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills) and the pinnipeds may be disturbed by human presence. 
Animals respond to disturbance from humans in the same way as they 
respond to the risk of predation, by avoiding areas of high risk, 
either completely or by using them for limited periods (Gill et al., 
1996).

Mortality

    Sudden movement of large numbers of animals may cause a stampede. 
In order to prevent such stampedes from occurring within the sea lion 
colony, certain mitigation requirements and restrictions, such as 
controlled helicopter approaches and limited access period during the 
pupping season, will be imposed should an IHA be issued. As such, and 
because any pinnipeds nearby likely would avoid the approaching 
helicopter, the SGRLPS anticipates that there will be no instances of 
injury or mortality during the proposed project.

Anticipated Effects on Habitat

    The NMFS expects that there will be no long- or short-term physical 
impacts to pinniped habitat on NWSR. The SGRLPS proposes to confine all 
restoration activities to the existing structure which would occur on 
the upper levels of the Station which are not used by marine mammals. 
The SGRLPS would remove all waste, discarded materials and equipment 
from the island after each visit. The proposed activities will not 
result in any permanent impact on habitats used by marine mammals, 
including the food sources they use. The main impact associated with 
the proposed activity will be temporarily elevated noise levels and the 
associated direct effects on marine mammals, previously discussed in 
this notice.

Proposed 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.
    As a way to reduce potential Level B behavioral harassment to 
marine mammals that would result from the proposed project, NMFS 
proposes that the following mitigation measures would be required.
    Time and Frequency: Lighthouse restoration activities are to be 
conducted at maximum of once per month between February 10, 2012, 
through April 30, 2012, or between November 1, 2012, through December 
31, 2012. 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, or 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 People on Island: The 
SGRLPS members and restoration crews shall be instructed to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the lighthouse. Although no impacts from 
these activities were seen during the 2001 CCR study, it is relatively 
simple to avoid this potential impact. The door to the lower platform 
(which is used at times by pinnipeds) shall remain closed and 
barricaded to all tourists and other personnel.

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation 
measures in the context of ensuring that NMFS prescribes the means of 
effecting the least practicable impact on the affected marine mammal 
species and stocks and their habitat. Our evaluation of potential 
measures included

[[Page 79164]]

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.
    Based on our evaluation of the applicant's proposed measures, NMFS 
has preliminarily determined that the proposed mitigation measures 
provide the means of effecting the least practicable impact on marine 
mammal 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. NMFS restricted the SGRLPS' taking of aerial 
photographs to an altitude greater than 300 m (984 ft) during the first 
arrival flight and the last departure flight. This is the minimum 
altitude set within the 2010 Biological Opinion (BiOp) Incidental Take 
Statement (ITS) which follows the reference distance of 300 m (984 ft) 
for in-air measurements and predictions established by Richardson et 
al. (1995).
    On February 26, 2010, the SGRLPS' photographed the haulout areas on 
the initial approach to NWSR at an altitude of 900 m (2,953 ft). 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 at an altitude of 900 m (2,953 ft). 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 the effectiveness of 
mitigation measures for helicopter approaches set forth in the 2010 
IHA. However, the 2010 IHA restricted SGRLPS' access to NWSR during the 
pupping season. These results did not refute NMFS' original findings.

Proposed 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 10, 2012, through 
April 30, 2012, or during the period of November 1, 2012, through 
December 31, 2012 a qualified biologist shall be present during all 
three workdays at the Station. The biologist hired will be subject to 
approval of NMFS and 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, frequency, (i.e., 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 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. These photographs will be forwarded 
to a biologist capable of discerning marine mammal species. 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.

Proposed 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.

[[Page 79165]]

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.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury or 
mortality (e.g., stampede), L-DEO shall immediately cease the specified 
activities and immediately report the incident to the Chief of the 
Permits and Conservation Division, Office of Protected Resources, NMFS, 
at (301) 427-8401 and/or by email to [email protected] and 
[email protected] and to the Southwest Regional Stranding Coordinator 
at (562) 980-3230 ([email protected]). The report must include the 
following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Activities will not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with the SGRLPS to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. The SGRLPS may not resume 
their activities until notified by NMFS via letter, email, or 
telephone.
    In the event that the SGRLPS discovers an injured or dead marine 
mammal, and the biologist (if present) determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as described in the next 
paragraph), the SGRLPS will immediately report the incident to the 
Chief of the Permits and Conservation Division, Office of Protected 
Resources, NMFS, at (301) 427-8401 and/or by email to 
[email protected] and [email protected] and to the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the same information 
identified in the paragraph above. Activities may continue while NMFS 
reviews the circumstances of the incident. NMFS will work with the 
SGRLPS to determine whether modifications in the activities are 
appropriate.
    In the event that the SGRLPS discovers an injured or dead marine 
mammal, and the lead biologist (if present) determines that the injury 
or death is not associated with or related to the activities authorized 
in the IHA (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), the SGRLPS will report 
the incident to the Chief of the Permits and Conservation Division, 
Office of Protected Resources, NMFS, at (301) 427-8401 and/or by email 
to [email protected] and [email protected] and to the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]), within 24 hours of the discovery. The SGRLPS 
will provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to NMFS.

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 6 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 6 months), and 6 northern fur seals 
(calculated by multiplying the maximum number of northern fur seals 
present on NWSR (1) by 6 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. 
Because of the required mitigation measures and the likelihood that 
some pinnipeds will avoid the area, no injury or mortality to pinnipeds 
is 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 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:

[[Page 79166]]

    (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 preliminarily finds that the SGRLPS' planned helicopter 
operations and restoration/maintenance activities, will 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 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 (ESA)

    The Steller sea lion, eastern Distinct Population Segment (DPS) is 
listed as threatened under the ESA and occurs in the planned 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 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 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' 2012 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 and 
NMFS, therefore, intends to reaffirm the 2010 FONSI. An electronic copy 
of the EA and the FONSI for this activity is available upon request 
(see ADDRESSES).

    Dated: December 16, 2011.
James H. Lecky,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2011-32692 Filed 12-20-11; 8:45 am]
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