[Federal Register Volume 77, Number 239 (Wednesday, December 12, 2012)]
[Notices]
[Pages 73989-73993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-29952]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC362


Takes of Marine Mammals Incidental to Specified Activities; 
Seabird and Pinniped Research Activities in Central California, 2012-
2013

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, we hereby give notification that the National Marine 
Fisheries Service has issued an Incidental Harassment Authorization 
(IHA) to PRBO Conservation Science (PRBO), to take marine mammals, by 
Level B harassment, incidental to conducting seabird and pinniped 
research activities on Southeast Farallon Island, A[ntilde]o Nuevo 
Island, and Point Reyes National Seashore in central California.

DATES: Effective December 7, 2012, through December 6, 2013.

ADDRESSES: To obtain an electronic copy of the authorization, 
application, and associated Environmental Assessment (EA) and Finding 
of No Significant Impact (FONSI), write to P. Michael Payne, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, 1315 East West Highway, Silver 
Spring, MD 20910, telephone the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or download the files at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Documents cited in this notice may also be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Office of Protected 
Resources, NMFS (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(D) of the MMPA (MMPA; 16 U.S.C. 1361 et seq.) 
directs the Secretary of Commerce to authorize, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by United States citizens who 
engage in a specified activity (other than commercial fishing) within a 
specified geographical region if: (1) We make certain findings; (2) the 
taking is limited to harassment; and (3) we provide a notice of a 
proposed authorization to the public for review.
    Authorization shall be granted for the incidental taking of small 
numbers of marine mammals if we, NMFS, find 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 requirements pertaining to the mitigation, monitoring and 
reporting of such takings.
    We have 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 Marine Mammal Protection Act 
established an expedited process by which citizens of the United States 
can apply for an authorization to incidentally take small numbers of 
marine mammals by harassment. Section 101(a)(5)(D) of the Act 
establishes a 45-day time limit for our 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, we 
must either issue or deny the authorization and must publish a notice 
in the Federal Register within 30 days of our determination to issue or 
deny the authorization.
    Except with respect to certain activities not applicable here, the 
Marine Mammal Protection Act 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

    We received an application on April 29, 2012, from PRBO requesting 
the taking by harassment, of small numbers of marine mammals, 
incidental to conducting seabird and pinniped research activities on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore in central California. PRBO, along with partners 
Oikonos Ecosystem Knowledge and Point Reyes National Seashore, plan to 
conduct the proposed activities for one year. We determined the 
application complete and adequate on June 5, 2012 and made the complete 
application available for public comment (see ADDRESSES) for this IHA.
    Their proposed research activities would involve monitoring and 
censusing seabird colonies; observing seabird nesting habitat; 
restoring nesting burrows; observing breeding elephant seals, and 
resupplying a field station. The proposed activities would occur in the 
vicinity of pinniped haul out sites located on Southeast Farallon 
Island (37[deg] 41'54.32'' N, 123[deg] 0'8.33'' W), A[ntilde]o Nuevo 
Island (37[deg] 6'29.25'' N, 122[deg] 20'12.20'' W), or within Point 
Reyes National Seashore (37[deg] 59'38.61'' N, 122[deg] 58'24.90'' W) 
in central California.
    Acoustic and visual stimuli generated by: (1) Noise generated by 
motorboat approaches and departures; (2) noise generated during 
restoration activities and loading operations while resupplying the 
field station; and (3) human presence during seabird and pinniped 
research activities, may have the potential to cause California sea 
lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina), 
northern elephant seals (Mirounga angustirostris), and Steller sea 
lions (Eumetopias jubatus) hauled out on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, or Point Reyes National Seashore to flush into 
the surrounding water or to cause a short-term behavioral disturbance 
for marine mammals in the proposed areas. These types of disturbances 
are the principal means of marine mammal taking associated with these 
activities and PRBO has requested an authorization to take 5,104 
California sea lions, 526 harbor seals, 190 northern elephant seals, 
and 20 Steller sea lions (Eumetopias jubatus) by Level B harassment 
only.
    To date, we have issued four 1-year IHAs to PRBO for the conduct of 
the same activities from 2007 to 2012. This will be PRBO's fifth IHA 
for the same activities for the 2012 through 2013 season.

Description of the Specified Geographic Region

    The proposed action area consists of the following three locations 
in the northeast Pacific Ocean: the South Farallon Islands, A[ntilde]o 
Nuevo Island and Point Reyes National Seashore.

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Description of the Specified Activity

    We outlined the purpose of the research and the specified 
geographic locations of the activities in a previous notice for the 
proposed IHA (77 FR 59377, September 27, 2012). The activities to be 
conducted and their locations have not changed between the proposed IHA 
notice and this final notice announcing the issuance of the IHA. For a 
more detailed description of PRBO's seabird and pinniped research 
activities conducted under, the reader should refer to the notice of 
the proposed IHA (77 FR 59377, September 27, 2012), the application, 
and associated documents referenced above this section.

Comments and Responses

    We published a notice of receipt of PRBO's application and proposed 
IHA in the Federal Register on September 27, 2012 (77 FR 59377). During 
the 30-day public comment period, we received one comment from the 
Marine Mammal Commission (Commission) which recommended that we issue 
the requested authorization provided that PRBO carry out the required 
mitigation measures and monitoring as described in the notice of a 
proposed IHA (77 FR 59377, September 27, 2012). We have included all 
measures proposed in the notice of the proposed IHA (77 FR 59377, 
September 27, 2012) in the Authorization.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird and pinniped research at the research areas on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, or Point Reyes 
National Seashore are primarily California sea lions, northern elephant 
seals, Pacific harbor seals, and to a lesser extent the eastern 
distinct population of the Steller sea lion which is listed as 
endangered under the U.S. Endangered Species Act of 1973 (ESA; 16 
U.S.C. 1531 et seq.). California sea lions, northern elephant seals, 
Pacific harbor seals are not listed as threatened or endangered under 
the ESA, nor are they categorized as depleted under the MMPA.
    We refer the public to Carretta et al., (2011) for general 
information on these species. We included a more detailed discussion of 
the status of these stocks and their occurrence in and around Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore in the notice of the proposed IHA (77 FR 59377, September 27, 
2012).

Potential Effects on Marine Mammals

    Acoustic and visual stimuli generated by: (1) Motorboat operations; 
and (2) the appearance of researchers may have the potential to cause 
Level B harassment of any pinnipeds hauled out on Southeast Farallon 
Island, A[ntilde]o Nuevo Island, or Point Reyes National Seashore. This 
disturbance from acoustic and visual stimuli is the principal means of 
marine mammal taking associated with these activities.
    The effects of the pinniped and seabird research activities would 
be limited to short-term startle responses and localized behavioral 
changes and have the potential to temporarily displace the animals from 
a haul out site. We would expect the pinnipeds to return to a haulout 
site within 60 minutes of the disturbance (Allen et al., 1985) and do 
not expect that the pinnipeds would permanently abandon a haul-out site 
during the conduct of pinniped and seabird research operations.
    Finally, no research activities would occur on pinniped rookeries 
and breeding animals are concentrated in areas where researchers would 
not visit. Therefore, we would not expect mother and pup separation or 
crushing of pups to occur.
    For a more detailed discussion of behavioral reactions of marine 
mammals to loud noises or looming visual stimuli, and some specific 
observations of the response of marine mammals to this activity 
gathered during previous monitoring, we refer the reader to the notice 
of the proposed IHA (77 FR 59377, September 27, 2012), the application, 
and associated documents.

Anticipated Effects on Habitat

    We do not anticipate that the research operations would result in 
any temporary or permanent effects on the habitats used by the marine 
mammals in the research areas, including the food sources they use 
(i.e., fish and invertebrates). We do not anticipate that there would 
be any physical damage to any habitat. While we anticipate that the 
specified activity may result in marine mammals avoiding certain areas 
due to temporary ensonification and human presence, this impact to 
habitat is temporary and reversible which we considered in detail in 
the proposed IHA (77 FR 59377, September 27, 2012), as behavioral 
modification.

Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the Marine Mammal Protection Act, we 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.
    PRBO has based the mitigation measures described herein, to be 
implemented for the seabird and pinniped research activities, on the 
following:
    (1) Protocols used during the previous PRBO seabird and pinniped 
research activities as approved by us;
    (2) Recommended best practices in Richardson et al. (1995);
    (3) The Terms and Conditions of Scientific Research Permit 17152-00 
issued on November 30, 2012;
    (4) The Terms and Conditions listed in the Incidental Take 
Statement for NMFS' 2008 Biological Opinion for these activities.
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities, PRBO and/or its designees will 
implement the following mitigation measures for marine mammals:
    (1) Abide by all of the Terms and Conditions listed in the 
Incidental Take Statement for NMFS' 2008 Biological Opinion, including: 
monitoring for offshore predators and reporting on observed behaviors 
of Steller sea lions in relation to the disturbance.
    (2) Abide by the Terms and Conditions of Scientific Research Permit 
17152-00 issued on November 30, 2012.
    (3) Postpone beach landings on A[ntilde]o Nuevo Island until 
pinnipeds that may be present on the beach have slowly entered the 
water.
    (4) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed, with the first priority being 
avoiding the disturbance of Steller sea lions at haul-outs.
    (5) Avoid visits to sites used by pinnipeds for pupping.
    (6) Monitor for offshore predators and not approach hauled out 
Steller sea lions or other pinnipeds if great white sharks (Carcharodon 
carcharias) or killer whales (Orcinas orca) are seen in the area. If 
predators are seen, eastern U.S. stock Steller sea lions or any other 
pinniped must not be disturbed until the area is free of predators.
    (7) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    (8) Conduct seabird observations at North Landing on Southeast 
Farallon

[[Page 73991]]

Island in an observation blind, shielded from the view of hauled out 
pinnipeds.
    (9) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo 
Island if pinnipeds are within view.
    (10) Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and to coordinate research 
goals for A[ntilde]o Nuevo Island to minimize the number of trips to 
the island.
    (11) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so 
that areas near any pinnipeds would be accessed only once per visit.
    (12) Have the lead biologist serve as an observer to evaluate 
incidental take.
    We have carefully evaluated the applicant's proposed mitigation 
measures and have considered a range of other measures in the context 
of ensuring that we prescribe 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 
consideration of the following factors in relation to one another:
    (1) the manner in which, and the degree to which, the successful 
implementation of the measure is expected to minimize adverse impacts 
to marine mammals;
    (2) the proven or likely efficacy of the specific measure to 
minimize impacts as planned; and
    (3) the practicability of the measure for applicant implementation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by us or recommended by the public 
for previous Authorizations, we have determined that the mitigation 
measures provide the means of effecting the least practicable adverse 
impacts on marine mammals species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance.

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 in the action area.
    As part of its 2012 application, PRBO proposes to sponsor marine 
mammal monitoring during the present project, in order to implement the 
mitigation measures that require real-time monitoring, and to satisfy 
the monitoring requirements of the incidental harassment authorization.
    The PRBO researchers will monitor the area for pinnipeds during all 
research activities. Monitoring activities will consist of conducting 
and recording observations on pinnipeds within the vicinity of the 
proposed research areas. The monitoring notes would provide dates, 
location, species, the researcher's activity, behavioral state, numbers 
of animals that were alert or moved greater than one meter, and numbers 
of pinnipeds that flushed into the water.
    PRBO has complied with the monitoring requirements under the 
previous authorizations for the 2007 through 2012 seasons. For the 
2011-2012 season, the total number of marine mammals incidentally 
harassed during the conduct of the research were lower than what we 
authorized in in the 2011 IHA. This along with the results from 
previous PRBO monitoring reports support our original findings that the 
mitigation measures set forth in the 2007-2012 Authorizations effected 
the least practicable adverse impact on the species or stock. We have 
posted PRBO's 2011-2012 monitoring report at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Reporting

    PRBO will submit a final monitoring report to us no later than 90 
days after the expiration of the IHA. The final report will describe 
the operations 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. The 
final report will provide:
    (i) A summary and table of the dates, times, and weather during all 
seabird and pinniped research 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 or visual stimuli associated 
with the seabird and pinniped research activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the Authorization 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 
authorization (if issued), such as an injury (Level A harassment), 
serious injury, or mortality (e.g., vessel-strike, stampede, etc.), 
PRBO shall immediately cease the specified activities and immediately 
report the incident to the Incidental Take Program Supervisor, Permits 
and Conservation Division, Office of Protected Resources, NMFS, at 301-
427-8401 and/or by email to [email protected] and 
[email protected] and 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;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     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).

PRBO shall not resume its activities until we are able to review the 
circumstances of the prohibited take. We shall work with PRBO to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure Marine Mammal Protection Act compliance. 
PRBO may not resume their activities until notified by us via letter, 
email, or telephone.
    In the event that PRBO discovers an injured or dead marine mammal, 
and the lead visual observer 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 we describe in the next 
paragraph), PRBO will immediately report the incident to the Incidental 
Take Program Supervisor, Permits and Conservation Division, Office of 
Protected Resources, at 301-427-8401 and/or by email to 
[email protected] and [email protected] and the Southwest 
Regional Stranding Coordinator at (562) 980-3230 
([email protected]). The report must include the same information 
identified in the paragraph above this section. Activities may

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continue while we review the circumstances of the incident. We will 
work with PRBO to determine whether modifications in the activities are 
appropriate.
    In the event that PRBO discovers an injured or dead marine mammal, 
and the lead visual observer determines that the injury or death is not 
associated with or related to the authorized activities (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), PRBO will report the incident to 
the Incidental Take Program Supervisor, Permits and Conservation 
Division, Office of Protected Resources, at 301-427-8401 and/or by 
email to [email protected] and [email protected] and the 
Southwest Regional Stranding Coordinator at (562) 980-3230 
([email protected]), within 24 hours of the discovery. PRBO staff 
will provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to us.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
Marine Mammal Protection Act 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].
    We anticipate take by Level B harassment only as a result of the 
pinniped and research operations on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore. Based on 
PRBO's previous research experiences, with the same activities 
conducted in the research areas, we estimate that approximately 5,390 
California sea lions, 526 harbor seals, 190 northern elephant seals, 
and 20 Steller sea lions could be potentially affected by Level B 
behavioral harassment over the course of the effective period of the 
proposed Authorization. IHA. We base these estimates by multiplying 
three components: (1) The maximum number of animals that could be 
present; (2) the maximum number of disturbances; and (3) the estimated 
number of days that an animal could be present in the proposed area. We 
derived these estimates from the results of the 2007-2011 monitoring 
reports, anecdotal information from PRBO scientists, and our 
statistical analysis of the past three years of data.
    For this IHA, we have authorized the take of 5,390 California sea 
lions, 526 harbor seals, 190 northern elephant seals, and 20 Steller 
sea lions. Estimates of the numbers of marine mammals that might be 
affected are based on consideration of the maximum number of marine 
mammals that could be disturbed by approximately 1,908 visits to 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore during the course of the activity.
    There is no evidence that PRBO's planned activities could result in 
injury, serious injury or mortality within the three areas. Because of 
the required mitigation measures and the likelihood that some pinnipeds 
will avoid the areas, we expect no injury, serious injury, or mortality 
to occur, and we do not authorize any takes by injury, serious injury, 
or mortality. We expect all potential takes to fall under the category 
of Level B harassment only.

Negligible Impact and Small Numbers Analysis and Determination

    We have 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, 
we consider:
    (1) The number of anticipated injuries, serious injuries, or 
mortalities;
    (2) The number, nature, and intensity, and duration of Level B 
harassment (all relatively limited); and
    (3) The context in which the takes occur (i.e., impacts to areas of 
significance, impacts to local populations, and cumulative impacts when 
taking into account successive/contemporaneous actions when added to 
baseline data);
    (4) The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
    (5) Impacts on habitat affecting rates of recruitment/survival; and
    (6) The effectiveness of monitoring and mitigation measures.
    As mentioned previously, we estimate 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 relative 
to the population size. These incidental harassment numbers represent 
1.8 percent of the U.S. stock of California sea lion, 0.25 percent of 
the California breeding stock of the northern elephant seal; 1.97 
percent of the California stock of Pacific harbor seal, and 0.04 
percent of the Eastern U.S. stock of Steller sea lion. For each 
species, these numbers are small (each, less than or equal to two 
percent) relative to the population size.
    PRBO's specified activities are not likely to cause long-term 
behavioral disturbance, abandonment of the haulout areas, serious 
injury, or mortality because:
    (1) The effects of the research activities would be limited to 
short-term startle responses and localized behavioral changes. Minor 
and brief responses, such as short-duration startle or alert reactions, 
are not likely to constitute disruption of behavioral patterns, such as 
migration, nursing, breeding, feeding, or sheltering.
    (2) The relatively slow operational speed of the small motor craft 
during approach to the landing areas;
    (3) There is little potential for large-scale movements leading to 
serious injury or mortality;
    (4) The specified activities do not occur near rookeries;
    (5) The availability of alternate areas for pinnipeds to avoid the 
resultant noise and visual stimuli from the seabird and pinniped 
research activities. Results from previous monitoring reports that 
support our conclusions that the pinnipeds return to the sites after 
the disturbance and do not permanently abandon these sites.
    We do not anticipate takes by Level A harassment, serious injury, 
or mortality to occur as a result of PRBO's research activities, and 
none are authorized. These species may exhibit behavioral 
modifications, including temporarily vacating the area during the 
seabird and pinniped research activities to avoid the resultant 
acoustic and visual disturbances. However, we anticipate only short-
term behavioral disturbance to occur due to the brief duration of the 
research activities, the availability of alternate areas for marine 
mammals to avoid the resultant acoustic and visual disturbances; and 
limited access of PRBO researchers to Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore during the 
pupping season. Due to the nature, degree, and context of the 
behavioral harassment anticipated, we do not expect these activities to 
impact rates of recruitment or survival.
    We have determined, provided that PRBO carries out the previously 
described mitigation and monitoring measures, that the impact of 
conducting seabird and pinniped research activities on Southeast 
Farallon Island, A[ntilde]o

[[Page 73993]]

Nuevo Island, and Point Reyes National Seashore in central California 
December 7, 2012, through December 6, 2013, may result, at worst, in a 
temporary modification in behavior and/or low-level physiological 
effects (Level B harassment) of small numbers of certain species of 
marine mammals.
    Based on the analysis contained here 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, have determined that the total taking from the proposed 
activities will have a negligible impact on the affected species or 
stocks; and that impacts to affected species or stocks of marine 
mammals would be mitigated to the lowest level practicable.

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

    Section 101(a)(5)(D) of the Marine Mammal Protection Act also 
requires us to determine that the authorization will not have an 
unmitigable adverse effect on the availability of marine mammal species 
or stocks for subsistence use. There are no relevant subsistence uses 
of marine mammals in the study area (northeastern Pacific Ocean) that 
implicate section 101(a)(5)(D) of the Marine Mammal Protection Act.

Endangered Species Act

    The Steller sea lion, eastern U.S. stock is listed as threatened 
under the ESA and occurs in the research area. NMFS Headquarters' 
Office of Protected Resources, Permits and Conservation on Division 
conducted a formal section 7 consultation under the ESA. On November 
18, 2008, NMFS issued a Biological Opinion (2008 BiOp); concluded that 
the issuance of an IHA is likely to affect, but not likely to 
jeopardize the continued existence of Steller sea lions; and issued an 
incidental take statement (ITS) for Steller sea lions pursuant to 
section 7 of the ESA. The ITS contains reasonable and prudent measures 
for implementing terms and conditions to minimize the effects of this 
take. NMFS has reviewed the 2008 BiOp and determined that there is no 
new information regarding effects to 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 no 
new designation of critical habitat that could be affected by the 
action; and the action will not exceed the extent or amount of 
incidental take authorized in the 2008 BiOp. Therefore, the IHA does 
not require the reinitiation of Section 7 consultation under the ESA.

National Environmental Policy Act (NEPA)

    To meet our NEPA requirements for the issuance of an Authorization 
to PRBO, we prepared an Environmental Assessment (EA) in 2007 that was 
specific to seabird research activities on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore and 
evaluated the impacts on the human environment of our authorization of 
Level B harassment resulting from seabird research in Central 
California. At that time, we determined that conducting the seabird 
research would not have a significant impact on the quality of the 
human environment and issued a Finding of No Significant Impact (FONSI) 
and, therefore, it was not necessary to prepare an environmental impact 
statement for the issuance of an Authorization to PRBO for this 
activity. In 2008, we prepared a supplemental EA (SEA) titled 
``Supplemental Environmental Assessment for the issuance of an 
Incidental Harassment Authorization To Take Marine Mammals by 
Harassment Incidental To Conducting Seabird and Pinniped Research in 
Central California and Environmental Assessment for the Continuation of 
Scientific Research on Pinnipeds in California,'' to address new 
available information regarding the effects of PRBO's seabird and 
pinniped research activities that may have cumulative impacts to the 
physical and biological environment. At that time, we concluded that 
issuance of an Authorization would not significantly affect the quality 
of the human environment and issued a FONSI for the 2008 SEA regarding 
PRBO's activities. In conjunction with this year's application, we have 
again reviewed the 2007 EA and the 2008 SEA and determined that there 
are no new direct, indirect or cumulative impacts to the human and 
natural environment associated with the Authorization requiring 
evaluation in a supplemental EA. We, therefore, again reaffirm the 2008 
FONSI. A copy of the EA, SEA, and the FONSI for this activity is 
available upon request (see ADDRESSES).

Authorization

    As a result of these determinations, we have issued an IHA to PRBO 
to take marine mammals, by Level B harassment only, incidental to 
conducting seabird and pinniped research activities on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore in central California provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: December 7, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2012-29952 Filed 12-11-12; 8:45 am]
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