[Federal Register Volume 79, Number 22 (Monday, February 3, 2014)]
[Notices]
[Pages 6184-6189]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-02163]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XC837


Takes of Marine Mammals Incidental to Specified Activities; 
Seabird and Pinniped Research Activities in Central California, 2014-
2015

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 Point Blue Conservation Science (Point Blue), to take marine 
mammals, by Level B harassment, incidental to conducting seabird and 
pinniped research activities in central California, January 2014 
through January 2015.

DATES: Effective January 31, 2014, through January 30, 2015.

ADDRESSES: The public may obtain an electronic copy of the Point Blue's 
application, supporting documentation, the authorization, and a list of 
the references cited in this document by visiting: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. In the case 
of problems accessing these documents, please call the contact listed 
here (see FOR FURTHER INFORMATION CONTACT).
    The Environmental Assessment and associated Finding of No 
Significant Impact, prepared pursuant to the National Environmental 
Policy Act of 1969, are also available at the same site.

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

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(D) of the Marine Mammal 
Protection Act (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.
    We shall grant an authorization for the incidental taking of small 
numbers of marine mammals if we 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). Also, the authorization 
must set forth the permissible methods of taking and requirements 
pertaining to the 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.''
    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

    We received an application on July 17, 2013, from Point Blue 
requesting the

[[Page 6185]]

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, Point Reyes National 
Seashore, San Francisco Bay, and the Russian River in central 
California. We determined the application complete and adequate on 
August 27, 2013.
    Point Blue, along with partners Oikonos Ecosystem Knowledge, Point 
Reyes National Seashore with the National Park Service, and the Gulf of 
the Farallones National Marine Sanctuary would conduct this research 
under cooperative agreements with the U.S. Fish and Wildlife Service in 
consultation with the Gulf of the Farallones National Marine Sanctuary.
    The proposed research activities would occur for one year, January 
31, 2014, through January 30, 2015, and would involve annual monitoring 
and censusing of seabird colonies; seabird nesting habitat 
observations; nesting burrows restoration; breeding elephant seals 
observations; and the periodic resupply of a field station.
    These proposed activities would occur in the vicinity of pinniped 
haul out sites and could likely result in the incidental take of marine 
mammals. We anticipate take, by Level B Harassment only, of individuals 
of either California sea lions (Zalophus californianus), Pacific harbor 
seals (Phoca vitulina), northern elephant seals (Mirounga 
angustirostris), or Steller sea lions (Eumetopias jubatus) to result 
from the specified activity.
    This is the organization's fifth request for an Authorization. To 
date, we have issued an Incidental Harassment Authorization 
(Authorization) to Point Blue (formerly known as PRBO Conservation 
Science) for the conduct of similar activities from 2007 to 2013 (72 FR 
71121, December 14, 2007; 73 FR 77011, December 18, 2008; 75 FR 8677, 
February 19, 2010; 77 FR 73989, December 7, 2012).

Description of the Specified Activity

Overview

    Point Blue proposes to monitor and census seabird colonies; observe 
seabird nesting habitat; restore nesting burrows; observe breeding 
elephant and harbor seals; and resupply a field station annually in 
central California (i.e., Southeast Farallon Island, West End Island, 
A[ntilde]o Nuevo Island, Point Reyes National Seashore, San Francisco 
Bay, and the Russian River in Sonoma County).
    The purpose of the seabird research is to continue a 30-year 
monitoring program of the region's seabird populations. Point Blue's 
long-term pinniped research program monitors pinniped colonies to 
understand elephant and harbor seal population dynamics and to 
contribute to the conservation of both species.

Dates and Duration

    The Authorization would be effective from January 31, 2014 through 
January 30, 2015. Following is a brief summary of the dates and 
duration of the activities.
    Seabird Research on Southeast Farallon Island: Daily observations 
of seabird colonies would occur at a maximum frequency of three 15-
minute visits. Daily observations of breeding common murre (Uria aalge) 
colonies would occur at a maximum frequency of a single five-hour 
visit. These activities usually involve one or two observers conducting 
daily censuses of seabirds or conducting mark/recapture studies of 
breeding seabirds on the island.
    Field Station Resupply on Southeast Farallon Island: Resupply of 
the field station would occur once every two weeks at a maximum 
frequency of 26 visits annually. Resupply activities involve personnel 
approaching either the North Landing or East Landing by motorboat to 
offload supplies.
    Pinniped Research in Central California: Surveys of breeding 
northern elephant seals on Southeast Farallon and A[ntilde]o Nuevo 
Islands, the coastline of Point Reyes Peninsula, San Francisco Bay, and 
the Russian River, would occur in early December and late February, 
annually. At least three researchers would visit the sites at a maximum 
frequency of five times per year.
    Seabird Research and Field Supply on A[ntilde]o Nuevo Island: 
Researchers would monitor seabird burrow nesting habitat quality, 
conduct habitat restoration, and resupply the field station from April 
through August at a maximum frequency of 20 visits annually. 
Occasionally, researchers would also conduct intermittent visits to the 
island throughout the year. These activities involve two to three 
researchers accessing the island by motorboat.
    Seabird Research on Point Reyes National Seashore: The National 
Park Service in collaboration with Point Blue monitors seabird breeding 
and roosting colonies; conducts habitat restoration; removes non-native 
plants; monitors intertidal areas; and maintains coastal dune habitat. 
Seabird monitoring usually involves one or two observers conducting the 
survey by small boats along the shoreline. Researchers would visit the 
site at a maximum frequency of 20 times per year.

Specified Geographic Region

    Point Blue will conduct their research activities within the 
vicinity of pinniped haul out sites in the following locations:
    South Farallones Islands: The South Farallon Islands consist of 
Southeast Farallon Island located at 37[deg]41'54.32'' N; 
123[deg]0'8.33'' W and West End Island. The South Farallon Islands have 
a land area of approximately 120 acres (0.49 square kilometers (km)) 
and are part of the Farallon National Wildlife Refuge. The islands are 
located near the edge of the continental shelf 28 miles (mi) (45.1 km) 
west of San Francisco, CA, and lie within the waters of the Gulf of the 
Farallones National Marine Sanctuary.
    A[ntilde]o Nuevo Island: A[ntilde]o Nuevo Island located at 
37[deg]6'29.25'' N; 122[deg]20'12.20'' W is one-quarter mile (402 
meters (m)) offshore of A[ntilde]o Nuevo Point in San Mateo County, CA. 
The island lies within the Monterey Bay National Marine Sanctuary and 
the A[ntilde]o Nuevo State Marine Conservation Area.
    Point Reyes National Seashore: Point Reyes National Seashore is 
approximately 40 miles (64.3 km) north of San Francisco Bay and also 
lies within the Gulf of the Farallones National Marine Sanctuary.
    San Francisco Bay: The main part of San Francisco Bay measures 
approximately 3 to 12 miles (5 to 20 km) wide east-to-west and between 
48 miles (77 km) and 60 miles (97 km) north-to-south.
    Russian River: The Russian River coastline stretches for 
approximately 55 miles just south of San Francisco. Starting at Lake 
Mendocino, the Russian River flows south through valleys in Mendocino 
and Sonoma County, and empties into the Pacific Ocean at Jenner, 
California.

Detailed Description of Activities

    We outlined the purpose of Point Blue's activities in a previous 
notice for the proposed authorization (78 FR 66686, November 6, 2013). 
The proposed activities have not changed between the proposed 
authorization notice and this final notice announcing the issuance of 
the Authorization. For a more detailed description of the authorized 
action, we refer the reader to the notice for the proposed 
authorization (78 FR 66686, November 6, 2013).

Comments and Responses

    We published a notice of receipt of Point Blue's application and 
proposed Authorization in the Federal Register on November 5, 2013 (78 
FR 66686). During the 30-day comment period, we

[[Page 6186]]

received one comment from the Marine Mammal Commission (Commission) 
which recommended that we issue the requested Authorization, provided 
that Point Blue carries out the required monitoring and mitigation 
measures as described in the notice of the proposed authorization (78 
FR 66686, November 6, 2013) and the application. We have included all 
measures proposed in the notice of the proposed authorization (78 FR 
66686, November 6, 2013) in the Authorization.

Description of the Marine Mammals in the Area of the Proposed Specified 
Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird and pinniped research at the proposed research areas 
are primarily California sea lions, northern elephant seals, Pacific 
harbor seals, and to a lesser extent the eastern distinct population 
segment (DPS) of the Steller sea lion, which NMFS has removed from the 
list of threatened species under the U.S. Endangered Species Act of 
1973 (ESA; 16 U.S.C. 1531 et seq.), effective November 2013. The ESA 
does not categorize California sea lions, northern elephant seals, 
Pacific harbor seals as threatened or endangered and the MMPA 
categorizes these species as not depleted. On the other hand, despite 
the delisting of Steller sea lions as endangered under the ESA, NMFS 
still categorizes the species as a strategic stock and depleted species 
under the MMPA. The agency will consider designating the eastern stock 
of Steller sea lions as non-strategic and not depleted under the MMPA 
following review by the Alaska Scientific Review Group in 2014.
    We refer the public to Carretta et al., (2013) for general 
information on these species which we presented in the notice of the 
proposed authorization (78 FR 66686, November 6, 2013). The publication 
is available at: http://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf.

Other Marine Mammals in the Proposed Action Area

    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 1.24 miles (2 km) of the 
shoreline. Point Blue has not encountered California sea otters during 
the course of their seabird or pinniped research activities over the 
past five years. This species is managed by the U.S. Fish and Wildlife 
Service and we do not consider it further in this notice of issuance of 
an Authorization.

Potential Effects on Marine Mammals

    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, have the potential to cause California sea lions, 
Pacific harbor seals, northern elephant seals, and Steller sea lions 
hauled out in areas within Southeast Farallon Island, West End Island, 
A[ntilde]o Nuevo Island, Point Reyes National Seashore, San Francisco 
Bay, and the Russian River to flush into the surrounding water or to 
cause a short-term behavioral disturbance for marine mammals.
    We expect that acoustic and visual stimuli resulting from the 
proposed motorboat operations and human presence has the potential to 
harass marine mammals. We also expect that these disturbances would be 
temporary and result, at worst, in a temporary modification in behavior 
and/or low-level physiological effects (Level B harassment) of certain 
species of marine mammals.
    We included a summary and discussion of the ways that the types of 
stressors associated with Point Blue's specified activities (i.e., 
visual and acoustic disturbance) have the potential to impact marine 
mammals in a previous notice for the proposed authorization (78 FR 
66686, November 6, 2013).
    Vessel Strike: The potential for striking marine mammals is a 
concern with vessel traffic. However, it is highly unlikely that the 
use of small, slow-moving boats to access the research areas would 
result in injury, serious injury, or mortality to any marine mammal. 
Typically, the reasons for vessel strikes are fast transit speeds, lack 
of maneuverability, or not seeing the animal because the boat is so 
large. Point Blue's researchers will access areas at slow transit 
speeds in easily maneuverable boats negating any chance of an 
accidental strike.
    Rookeries: No research activities would occur on pinniped rookeries 
and breeding animals are concentrated in areas where researchers would 
not visit. Therefore, we do not expect mother and pup separation or 
crushing of pups during flushing.
    The potential effects to marine mammals described in the notice for 
the proposed authorization (78 FR 66686, November 6, 2013) did not take 
into consideration the proposed monitoring and mitigation measures 
described later in this document (see the ``Proposed Mitigation'' and 
``Proposed Monitoring and Reporting'' sections).

Anticipated Effects on Habitat

    We considered these impacts in detail in the notice for the 
proposed authorization (78 FR 66686, November 6, 2013). Briefly, we do 
not anticipate that the proposed research activities would result in 
any significant or long-term effects on the habitats used by the marine 
mammals in the proposed area, including the food sources they use 
(i.e., fish and invertebrates). While we anticipate that the specified 
activity could potentially result in marine mammals avoiding certain 
areas due to temporary ensonification and human presence, this impact 
to habitat is temporary and reversible. We do not consider behavioral 
modification to cause significant or long-term consequences for 
individual marine mammals or their populations.

Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the Marine Mammal Protection Act, we must prescribe, 
where applicable, the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses.
    Point Blue has based the mitigation measures which they will 
implement during the proposed research, on the following: (1) Protocols 
used during previous Point Blue seabird and pinniped research 
activities as required by our previous authorizations and Incidental 
Take Statement for the Biological Opinion for these activities; (2) 
recommended best practices in Richardson et al. (1995); and (3) the 
conditions of their current five-year Scientific Research Permit (No. 
17152-00).
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities Point Blue and/or its designees 
has proposed to implement the following mitigation measures for marine 
mammals:
    (1) Abide by the conditions of NMFS Scientific Research Permit 
Number 17152-00.
    (2) Postpone beach landings until pinnipeds that may be present on 
the beach have slowly entered the water.

[[Page 6187]]

    (3) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed.
    (4) Avoid visits to sites used by pinnipeds for pupping.
    (5) Monitor for offshore predators and do not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinas orca) are in the area. If Point Blue and/or its 
designees see predators in the area, they must not disturb the animals 
until the area is free of predators.
    (6) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    (7) Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    (8) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo 
Island if pinnipeds are within view.
    (9) Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and coordinate research 
goals for A[ntilde]o Nuevo Island to minimize the number of trips to 
the island.
    (10) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so 
that areas near any pinnipeds would be accessed only once per visit.
    (11) 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 have prescribed the means of effecting the least 
practicable adverse impact on the affected marine mammal species and 
stocks and their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
    (1) The manner in which, and the degree to which, we expect that 
the successful implementation of the measure would minimize adverse 
impacts to marine mammals;
    (2) The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    (3) The practicability of the measure for applicant implementation.
    Any mitigation measure(s) prescribed by us should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed here:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of sound, or other activities expected to result in the take of 
marine mammals (this goal may contribute to 1, above, or to reducing 
harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels of sound, or other activities expected to result in 
the take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of sound from motorboat approaches, or other activities expected 
to result in the take of marine mammals (this goal may contribute to a, 
above, or to reducing the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of Point Blue's proposed measures, we have 
determined that the mitigation measures provide the means of effecting 
the least practicable 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 incidental take authorization for an activity, 
section 101(a)(5)(D) of the MMPA states that we must set forth 
``requirements pertaining to the monitoring and reporting of such 
taking.'' The Act's implementing regulations at 50 CFR 216.104(a)(13) 
indicate that requests for an authorization must include the suggested 
means of accomplishing the necessary monitoring and reporting that will 
result in increased knowledge of the species and our expectations of 
the level of taking or impacts on populations of marine mammals present 
in the action area.
    As part of its 2013 application, Point Blue 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 Authorization.
    The Point Blue 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.
    Point Blue has complied with the monitoring requirements under the 
previous authorizations for the 2007 through 2012 seasons. The results 
from previous Point Blue's monitoring reports support our findings that 
the proposed mitigation measures, which we also required under the 
2007-2012 Authorizations provide the means of effecting the least 
practicable adverse impact on the species or stock. Point Blue will 
submit a monitoring report on the December 6, 2012 through December 5, 
2013 research period by February, 2014. Upon receipt and review, we 
will post this annual report on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.

Reporting

    Point Blue will submit a final monitoring report to us no later 
than 90 days after the expiration of the Incidental Harassment 
Authorization, if we issue it. 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

[[Page 6188]]

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, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), Point Blue 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 Assistant West Coast Regional Stranding Coordinator at (562) 
980-3264 ([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).
    Point Blue shall not resume its activities until we are able to 
review the circumstances of the prohibited take. We will work with 
Point Blue to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act 
compliance. Point Blue may not resume their activities until notified 
by us via letter, email, or telephone.
    In the event that Point Blue 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), Point Blue 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 Assistant West 
Coast Regional Stranding Coordinator at (562) 980-3264 
([email protected]). The report must include the same 
information identified in the paragraph above this section. Activities 
may continue while we review the circumstances of the incident. We will 
work with Point Blue to determine whether modifications in the 
activities are appropriate.
    In the event that Point Blue 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), Point Blue 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 Assistant West Coast Regional Stranding Coordinator at (562) 980-
3264 ([email protected]), within 24 hours of the discovery. 
Point Blue staff will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us. Point Blue can continue their research activities.

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].
    We propose to authorize take by Level B harassment only for the 
proposed pinniped and seabird research activities on Southeast Farallon 
Island, A[ntilde]o Nuevo Island, Point Reyes National Seashore, San 
Francisco Bay, and the Russian River in central California. Acoustic 
(i.e., increased sound) and visual stimuli generated during these 
proposed activities have the potential to cause marine mammals in the 
harbor area to experience temporary, short-term changes in behavior.
    Based on Point Blue's previous research experiences, with the same 
activities conducted in the proposed research area, and on marine 
mammal research activities in these areas, we estimate that 
approximately 10,092 California sea lions, 526 harbor seals, 261 
northern elephant seals, and 185 Steller sea lions could be affected by 
Level B behavioral harassment over the course of the effective period 
of the proposed Authorization.
    The authorized take differs from Point Blue's original request for 
California sea lions (5,104), northern elephant seals (190), and 
Steller sea lions (20) because we have determined that they 
underestimated some of their take estimates. We base these new 
estimates for California sea lions, northern elephant seals, and 
Steller sea lions on historical data from previous monitoring reports 
and anecdotal data for the same activities conducted in the proposed 
research area. In brief, for each species, we created a statistical 
model to derive an estimate of the average annual increase of reported 
take based on a best fit regression analysis (i.e., linear or 
polynomial regression) of reported take from 2007 to 2012. Next, we 
added the predicted annual increase in take to a baseline of take 
reported for 2012 season to project the estimated take for each species 
for the 2013 Authorization. We carried through the same predicted 
annual increase in take for future Authorizations (2014-2017) to obtain 
a mean projected take for each species. Last, we analyzed the reported 
take for each activity by calculating the upper bound of the 99 percent 
confidence interval of the mean reported take (2007-2012) and mean 
projected take (2014-2017) for each species. Our use of the upper 
confidence interval represents the best available information that 
supports our precautionary deliberation of how much take could occur 
annually.
    There is no evidence that Point Blue's planned activities could 
result in injury, serious injury or mortality within the action area. 
Moreover, the required mitigation and monitoring measures will minimize 
further any potential risk for injury, serious injury, or mortality. 
Thus, we do not propose to authorize any injury, serious injury or 
mortality. We expect all potential takes to fall under the category of 
Level B harassment only.

Encouraging and Coordinating Research

    Point Blue will continue to coordinate monitoring of pinnipeds 
during the research activities occurring on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, Point Reyes National Seashore, San Francisco 
Bay, and the Russian River in central California. Point Blue conducts 
bone fide research on marine mammals, the results of which may 
contribute to the basic knowledge of marine mammal biology or ecology, 
or are likely to identify, evaluate, or resolve conservation problems.

Negligible Impact

    Negligible impact' is ``. . . an impact resulting from the 
specified activity that

[[Page 6189]]

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.'' The lack of likely adverse effects on 
annual rates of recruitment or survival (i.e., population level 
effects) forms the basis of a negligible impact finding.
    An estimate of the number of Level B harassment takes, alone, is 
not enough information on which to base an impact determination. In 
addition to considering estimates of the number of marine mammals that 
might be ``taken'' through behavioral harassment, we must consider 
other factors, such as the likely nature of any responses (their 
intensity, duration, etc.), the context of any responses (critical 
reproductive time or location, migration, etc.), as well as the number 
and nature of any estimated Level A harassment takes, and the number of 
estimated mortalities.
    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;
    (3) The context in which the takes occur (e.g., 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.
    For reasons stated previously in this document and based on the 
following factors, Point Blue's specified activities are not likely to 
cause long-term behavioral disturbance, abandonment of the haulout 
area, injury, serious injury, or mortality because:
    (1) The effects of the pinniped and seabird research activities 
would be limited to short-term startle responses and localized 
behavioral changes due to the short and sporadic duration of the 
research activities. 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 availability of alternate areas for pinnipeds to avoid the 
resultant acoustic and visual disturbances from the research 
operations. Results from previous monitoring reports also show that the 
pinnipeds returned to the various sites and did not permanently abandon 
haul-out sites after Point Blue conducted their pinniped and research 
activities.
    (3) There is no potential for large-scale movements leading to 
injury, serious injury, or mortality because the researchers must delay 
ingress into the landing areas until after the pinnipeds present have 
slowly entered the water.
    (4) The limited access of Point Blue's researchers to Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore during the pupping season.
    We do not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of Point Blue's proposed 
activities, and we do not propose to authorize injury, serious injury 
or mortality. These species may exhibit behavioral modifications, 
including temporarily vacating the area during the proposed seabird and 
pinniped research activities to avoid the resultant acoustic and visual 
disturbances. Further, these proposed activities would not take place 
in areas of significance for marine mammal feeding, resting, breeding, 
or calving and would not adversely impact marine mammal habitat. Due to 
the nature, degree, and context of the behavioral harassment 
anticipated, the activities are not expected to impact annual rates of 
recruitment or survival.

Small Numbers

    As mentioned previously, we estimate that the research activities 
could potentially affect, by Level B harassment only, four species of 
marine mammals under our jurisdiction. For each species, these 
estimates are small (each, less than or equal to three percent) 
relative to the population size. These estimates represent 
approximately 3.4 percent of the U.S. stock of California sea lions, 
0.21 percent of the California breeding stock of northern elephant 
seals, 1.74 percent of the California stock of Pacific harbor seals, 
and 0.32 percent of the eastern distinct population segment of Steller 
sea lions. Table 2 outlines the number of Level B harassment takes that 
we propose to authorize annually, the regional population estimates for 
marine mammals in the action area that could occur as a result of Point 
Blue's research activities annually.
    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, we 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 MMPA also requires us to determine that 
the taking 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 MMPA.

National Environmental Policy Act (NEPA)

    To meet our NEPA requirements for the issuance of an Authorization 
to Point Blue, we prepared an Environmental Assessment (EA) titled 
``Issuance of an Incidental Harassment Authorization to Point Blue 
Conservation Science and Partners to Take Marine Mammals by Harassment 
Incidental to Seabird and Pinniped Research Conducted in Central 
California.'' We provided relevant environmental information to the 
public through a previous notice for the proposed authorization (78 FR 
66686, November 6, 2013) and considered public comments received in 
response prior to finalizing our EA and deciding whether or not to 
issue a Finding of No Significant Impact (FONSI). We conclude that 
issuance of an Incidental Harassment Authorization would not 
significantly affect the quality of the human environment and have 
issued a FONSI. Our EA and FONSI for this activity are available upon 
request (see ADDRESSES).

Authorization

    As a result of these determinations, we have issued an 
Authorization to Point Blue for the take of marine mammals incidental 
to proposed seabird and pinniped research activities, provided they 
incorporate the previously mentioned mitigation, monitoring, and 
reporting requirements.

    Dated: January 29, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-02163 Filed 1-31-14; 8:45 am]
BILLING CODE 3510-22-P