[Federal Register Volume 79, Number 132 (Thursday, July 10, 2014)]
[Notices]
[Pages 39369-39374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-16148]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD123


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to San Nicolas Island Roads and 
Airfield Repairs Project

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, notification is hereby given that NMFS has issued an 
Incidental Harassment Authorization (IHA) to the Department of the Navy 
(Navy), Naval Base Ventura County (NBVC), California, to take marine 
mammals, by harassment, incidental to the San Nicolas Island (SNI) 
roads and airfield repairs project.

DATES: Effective August 1, 2014, through November 30, 2014.

ADDRESSES: Electronic copies of the IHA, application, and associated 
Environmental Assessment (EA) and Finding of No Significant Impact 
(FONSI) may be obtained by writing to Jolie Harrison, Supervisor, 
Incidental Take Program, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910, telephoning the contact listed below 
(see FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: 
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in 
this notice may also be viewed, by appointment, during regular business 
hours, at the aforementioned address.

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

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking, other means of 
effecting the least practicable impact on the species or stock and its 
habitat, and requirements pertaining to the mitigation, monitoring and 
reporting of such takings are set forth. NMFS has defined ``negligible 
impact'' in 50 CFR 216.103 as ``. . . an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival.''
    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

    On October 23, 2013, we received an application from the Navy for 
the taking of marine mammals incidental to the SNI roads and airfield 
repairs project. NMFS determined that the application was adequate and 
complete on November 6, 2013.
    The Navy proposes to repair roads and the airfield on SNI, 
California. The activity would occur from August 1 through November 30, 
2014, with two separate deliveries of materials to the island during 
this time period. Each delivery requires approximately 5 days to 
complete. The following specific aspects of the activities are likely 
to result in the take of marine mammals: Barge beach landings, 
offloading, and removal and construction activities to prepare for 
barge landings. Take, by Level B harassment only, of northern elephant 
seal (Mirounga angustirostris), California sea lion (Zalophus 
californianus), and Pacific harbor seal (Phoca vitulina richardsi) is 
anticipated to result from the specified activity.

Description of the Specified Activity

Overview

    NBVC plans to perform a maintenance and mission-critical 
infrastructure project at SNI to repair the roads and airfield. The 
proposed action would repair up to 12.45 mi of roads and culverts 
during two phases and one million ft\2\ of airfield surface, shoulders, 
and culverts. The SNI roads and shoulder repairs will require 
approximately 43,500 tons of aggregate materials. Airfield repairs 
require approximately 151,500 tons of aggregate material. The required 
aggregate is not available on the island and must be delivered from the 
mainland. The pier at Daytona Beach is used for transfer of supplies to 
the island but is not designed to handle large volumes of heavy 
aggregate. The Navy, therefore, proposes to use barge beach landings on 
Daytona and Coast Guard Beaches for offloading materials and equipment 
needed to complete this maintenance and mission-critical infrastructure 
project. Aggregate would be shipped from the mainland U.S. to the off-
shore area of SNI on a primary shipping barge (13,000-ton capacity). 
The aggregate would be transferred from the primary shipping barge to a 
smaller ``tender'' barge (2,000-ton capacity) that would land on the 
beach. Aggregate would be transferred from the shipping barge to the 
tender barge using a conveyor belt or loaders, then from the tender 
barge to dump trucks on shore using either loaders or conveyor belts. A 
typical barge landing operation includes: Re-grading the existing road 
from the beach; constructing a temporary ramp and berm on the beach; 
landing the barge; offloading the barge; removing the ramp and berm; 
and restoring the beach to its pre-barge landing condition.
    The Navy identified the work as critical to maintaining mission 
readiness: The current degraded road is a safety concern for ordnance 
and operations transport; culvert repairs are necessary to reduce 
erosion and sedimentation; and mission-critical repairs are required at 
the SNI runway

[[Page 39370]]

that is currently degraded by sinkholes and surface deformations.

Dates and Duration

    Up to four separate deliveries would occur each year for 5 years. 
One shipment of 13,000 tons of aggregate would require eight beach 
landings over 5 days (approximately two landings per day, 4 hours for 
each operation). Site preparation would take approximately 1 day, and 
the landings would occur over the remaining 4 days. Because both 
beaches are haul-out sites for California sea lions, Pacific harbor 
seals and northern elephant seals, beach landings would occur from 
August 1 through November 30, outside the breeding season, when these 
species are present only sporadically, and in lower numbers than in 
other times of the year.
    This IHA is only for the period of August 1 through November 30, 
2014. NBVC has submitted an application requesting regulations and a 
Letter of Authorization to cover these and other activities for a 5-
year period. Table 1 outlines the proposed delivery schedule for this 
project.

                       Table 1--Barge Delivery Summary Over the 5-Year Span of the Project
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
            Project               Material required    of           Estimated delivery schedule
                                                         primary
                                                     shipping barge
                                                       deliveries
----------------------------------------------------------------------------------------------------------------
Roads Repair (Phase I and Phase  43,500 tons.......             * 3  Year 1............  2 x 13,000 tons.
 II).                                                                Year 2............  1 x 8,100 tons.
                                                                     Year 3............  1 x 9,400 tons.
Airfield Repairs...............  151,500 tons......           ** 12  Year 2............  2 x 13,000 tons.
                                                                     ..................  1 x 4,900 tons.
                                                                     Year 3............  3 x 13,000 tons.
                                                                     ..................  1 x 3,600 tons.
                                                                     Year 4............  3 x 13,000 tons.
                                                                     Year 5............  3 x 13,000 tons.
----------------------------------------------------------------------------------------------------------------
* Three primary barge shipments for roads repair include two full 13,000 ton shipments, and two co-mingled
  shipments, shared with airfield aggregate material (8,100 tons in Year 2 and 9,400 tons in Year 3).
** Twelve primary barge shipments for airfield repairs includes eleven full 13,000 ton shipments, and two co-
  mingled shipments shared with road repair aggregate material (4,900 tons in Year 2 and 3,600 tons in Year 3).

Specified Geographic Region

    SNI is the outermost of eight Channel Islands off the coast of 
southern California, 63 nautical miles south-southwest of Laguna Point 
at NBVC Point Mugu and 75 nautical miles southwest of Los Angeles (see 
Figure 1 in the IHA application). SNI is owned by the Navy and is under 
the jurisdiction of NBVC. The island is approximately 9 mi long and 3.6 
mi wide. Access to the island by the public is strictly controlled for 
security reasons and to safeguard against potential hazards associated 
with military operations. The main support and operational facilities 
on SNI include an airfield runway and terminal, housing and 
administration facilities, a power plant, a fuel farm, a reverse 
osmosis potable water system, and a public works and transportation 
department.
    Daytona Beach is a wide sandy beach at the south end of SNI, the 
most sheltered part of the island (see Figure 1 in the IHA 
application). Water depth and soft bottom conditions off-shore support 
barge anchoring and beach landings. Beach Road is an all-weather paved 
access road that terminates at Daytona pier and a staging area. The 
equipment staging area is paved and equipped with electric light poles 
and adequate space for pier offloads. The staging area is enclosed by 
k-rails that would be temporarily moved to allow access to the beach-
landed barge. The Navy has made barge beach landings at Daytona Beach 
many times in the past.
    Coast Guard Beach is a sandy beach in a relatively sheltered part 
of the island at the east side of SNI, accessible by Beach Road (see 
Figure 1 in the IHA application). The Navy has used this site 
successfully in the past for barge deliveries. On Coast Guard Beach, 
there is approximately 300 ft from the access road to the high tide 
line. Coast Guard Beach has a gentler slope than Daytona Beach. The 
nearshore bottom is soft, and water depths of 2 to 5 ft are suitable 
for beach landings. Existing moorings in the area may potentially be 
used as anchorage points for the primary shipping barge. A short (0.1 
mi) unpaved road that connects Coast Guard Beach to the proposed 
asphalt batch plant site would require re-grading to facilitate 
materials transport. To facilitate re-grading the access road, 
approximately 400 yd \3\ of dirt would be used from the Former Borrow 
Pit, and additional material would be sourced from the Monroe Borrow 
Pit if necessary. A shallow surface scrape of six inches would occur 
across the Former Borrow Pit site to collect material for the access 
road. Re-grading would provide access widths from 30 to 12.5 ft wide 
and a smoother surface for hauling.

Detailed Description of Activities

    The Notice of Proposed IHA (79 FR 10777, February 26, 2014) 
contains a full detailed description of the repair project, including 
descriptions of the steps in the delivery process. That information has 
not changed and is therefore not repeated here.

Comments and Responses

    A Notice of Proposed IHA was published in the Federal Register on 
February 26, 2014 (79 FR 10777), for public comment. During the 30-day 
public comment period, NMFS received one letter from the Marine Mammal 
Commission. No other persons or organizations provided comments on the 
proposed issuance of an IHA for this activity. The Marine Mammal 
Commission recommended that NMFS issue the IHA, subject to inclusion of 
the proposed mitigation and monitoring measures. NMFS has included all 
of the mitigation and monitoring measures proposed in the Notice of 
Proposed IHA (79 FR 10777, February 26, 2014) in the issued IHA.

Description of Marine Mammals in the Area of the Specified Activity

    Three species of pinnipeds occur regularly on SNI: northern 
elephant seal; California sea lion; and Pacific harbor seal. These 
species are protected under the MMPA and are not listed under the 
Endangered Species Act (ESA). These three species are expected in small 
numbers on Daytona and Coast Guard Beaches from August 1 through 
November 30. One northern fur seal

[[Page 39371]]

(Callorhinus ursinus) has been seen hauling out with a pup on SNI the 
past few years (G. Smith, Navy biologist, pers. comm.); however, the 
sightings are infrequent and not expected to occur within the activity 
area. Single individuals of Guadalupe fur seal (Arctocephalus 
townsendi) have been intermittently observed over the last few years 
hauled out along the southwest portion of SNI. Records indicate that 
they are not likely to occur on the eastern portion of SNI, where the 
activities would occur. Therefore, these two species are not considered 
further in this notice.
    There are not expected to be any ``takes'' of cetaceans due to 
their rare occurrence in the inshore waters at SNI. Any cetaceans or 
marine mammals in the water surrounding barge landing areas would not 
be affected by the activities, since the distance from the project site 
precludes the potential for visual disturbance. A small translocated 
population of approximately 50 southern sea otters (Enhydra lutris 
nereis) occurs on SNI. This species is managed by the U.S. Fish and 
Wildlife Service and is not considered further in this IHA notice.
    Table 2 in this document outlines the status, occurrence, 
seasonality, and abundance of the three marine mammal species most 
likely to occur in the project area. The Navy's IHA application 
contains additional detail on the presence and life history of these 
species. More information can also be found in the Notice of Proposed 
IHA (79 FR 10777, February 26, 2014) and the NMFS Stock Assessment 
Report available online at: http://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf.

  Table 2--ESA Status, Occurrence, Seasonality in the Project Area, and Abundance of the Species Most Likely To
                                       Occur in the Proposed Project Area
----------------------------------------------------------------------------------------------------------------
          Common name             Scientific name     Status       Occurrence        Seasonality      Abundance
----------------------------------------------------------------------------------------------------------------
Northern elephant seal.........  Mirounga                  NL  Common...........  Mostly December-       124,000
                                  angustirostris.                                  mid-May.
California sea lion............  Zalophus                  NL  Common...........  Year round.......      296,750
                                  californianus.
Pacific harbor seal............  Phoca vitulina            NL  Occasional to      Mostly February-        30,196
                                  richardsi.                    common.            June.
----------------------------------------------------------------------------------------------------------------
NL=Not listed under the ESA.

Potential Effects of the Specified Activity on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (e.g., barge 
beach landings, offloading, and barge removal) have been observed to or 
are thought to impact marine mammals. This section may include a 
discussion of known effects that do not rise to the level of an MMPA 
take (for example, with acoustics, we may include a discussion of 
studies that showed animals not reacting at all to sound or exhibiting 
barely measurable avoidance). The discussion may also include reactions 
that we consider to rise to the level of a take and those that we do 
not consider to rise to the level of a take. This section is intended 
as a background of potential effects and does not consider either the 
specific manner in which this activity will be carried out or the 
mitigation that will be implemented or how either of those will shape 
the anticipated impacts from this specific activity. The ``Estimated 
Take by Incidental Harassment'' section later in this document will 
include a quantitative analysis of the number of individuals that are 
expected to be taken by this activity. The ``Negligible Impact 
Analysis'' section will include the analysis of how this specific 
activity will impact marine mammals and will consider the content of 
this section, the ``Estimated Take by Incidental Harassment'' section, 
the ``Proposed Mitigation'' section, and the ``Anticipated Effects on 
Marine Mammal Habitat'' section to draw conclusions regarding the 
likely impacts of this activity on the reproductive success or 
survivorship of individuals and from that on the affected marine mammal 
populations or stocks.
    The majority of impacts are likely to occur from the presence of 
personnel and equipment during the proposed activities. Barge beach 
landings and associated construction could affect pinnipeds hauled out 
at Daytona and Coast Guard Beaches in two main ways:
    1. Potential displacement of haul-out areas at the barge landing 
site; and
    2. Potential impacts of sound associated with barge landing and 
construction.
    Acoustic impacts, such as hearing impairment, are not anticipated, 
as equipment is located far enough away from pinnipeds that sound 
levels will not occur at injurious levels. In the ``Potential Effects 
of the Specified Activity on Marine Mammals'' section of the Notice of 
Proposed IHA (79 FR 10777, February 26, 2014), NMFS included a 
qualitative discussion of the different ways that the Navy's repairs 
project may potentially affect marine mammals. The information 
contained in that document has not changed. Please refer to the 
proposed IHA for the full discussion (79 FR 10777, February 26, 2014).

Anticipated Effects on Marine Mammal Habitat

    No critical habitat exists in the area of the proposed activities. 
During the period of the activity, marine mammals may use various haul-
outs around the barge landings and around SNI as places to rest and 
molt. The pinnipeds do not feed when hauled out. California sea lions 
and elephant seals displaced into water usually move down-beach and 
haul out farther away from activity, while harbor seals will most 
likely stay in the water (G. Smith, personal communication). Therefore, 
it is not expected that the barge activities will have any impact on 
the food or feeding success of the marine mammals. Although breeding 
occurs on SNI, the project dates have been planned to avoid the 
breeding/pupping season.
    The sandy bottom would be disturbed offshore when the shipping 
barge dropped anchors and when the tender barge landed on the beach. 
Contact with the seafloor would temporarily increase turbidity, but no 
long-term adverse effects would result. Turbidity events would be 
limited to the duration of barge landing and offload.
    The Navy anticipates and NMFS agrees that there will be no loss or 
permanent modification of the habitat used by marine mammal populations 
that haulout in the barge landing areas. Temporary sand ramps would be 
constructed at Daytona and Coast Guard beaches to allow for transfer of 
material from the barge to dump trucks on the beach. Additionally, two 
tractors would be positioned on either side of the landing area before 
the tender barge arrives to provide stable anchorage for the tender 
barge. The area of the temporary sand ramps would be re-shaped on 
completion of each shipping barge offload, at the end of the 5 day 
period. Disturbance to marine mammal

[[Page 39372]]

habitat would be only temporary. Because impacts are anticipated to be 
temporary, such that conditions will return to pre-activity conditions 
in a short amount of time, and food sources will not be impacted, the 
activity is not expected to cause significant or long-term consequences 
for individual marine mammals or their populations.

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 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 (where relevant). This 
section summarizes the required mitigation measures contained in the 
IHA.

Mitigation Measures in the Navy's Application

    In the IHA application, the Navy described a variety of measures, 
which are designed to reduce the level of disturbance for marine 
mammals that might be hauled out near the proposed barge landing sites. 
Additionally, all operations will be coordinated with the NBVC Point 
Mugu Environmental Division. The mitigation measures include:
     All construction activity will take place within the 
proposed action footprint. Contractors will be provided with maps 
showing the centerlines and limits of surveys that were used for the 
environmental analyses in the final EA prepared by the Navy for this 
project (U.S. Navy, 2012) and informed that construction activity shall 
be confined to those corridors. Stakes will be used to delineate heavy 
equipment work and driving zones. Maps will include the locations of 
U.S. Army Corps of Engineers jurisdictional waters.
     All construction personnel must attend a mandatory 
environmental briefing at the start of the work day for work to be 
performed in sensitive habitats, and personnel attendance must be 
documented. For work in non-sensitive habitats, environmental briefings 
will occur weekly or as needed. Federal regulations regarding protected 
biological species must be emphasized, along with the importance of 
honoring environmental closure areas. The Environmental briefing would 
be given by Naval Facilities Engineering Command (NAVFAC) Southwest and 
NBVC personnel or the project biologist before work begins. If the 
training is given by the project biologist, then NAVFAC Southwest or 
NBVC staff would brief the project biologist, and the biologist would 
brief the crew on the resources and avoidance and compensation measures 
involved in the project. Environmental training will include a 
description of sensitive species and habitats potentially on or near 
the project site, and the surrounding habitat; details on each species' 
habitat requirements; the protective measures to be implemented for 
each species; and the responsibilities of the project biologist and of 
those on site to protect biological resources. The training will 
describe the requirements and boundaries of the project, the importance 
of complying with compensation measures, and the requirements for 
reporting non-compliance and any resolution methods. Training will 
provide information on and legal consequences of the potential effects 
of trash, trespassing, and harassing or harming designated sensitive 
habitat areas and species in or outside of the project footprint.
     Construction equipment will be inspected before 
mobilization to ensure no pinnipeds are under or near equipment.
     During barge landings and offloadings, the Navy biologist 
or qualified project biologist will displace pinnipeds from the landing 
site as necessary for the safety of the marine mammals and construction 
workers. Temporary barriers will be used, if necessary, to keep the 
displaced pinnipeds from re-entering the area. This effort will greatly 
minimize the potential for pinnipeds to be affected by project 
activities.
     No oil, fuel, or chemicals will be allowed to discharged 
to waters of the state. Vessels will be equipped with spill kits and 
cleanup materials, and operators will be trained in responding to an 
accidental release of oil, fuel, or chemicals. Offloading equipment 
will be checked for leaks at the start of beach grading and aggregate 
offloading each day.
     Measures will be taken to prevent spillage of aggregate 
during the barge to barge transfer process. Measures may include, but 
are not limited to, the use of a tarp or other barrier between the two 
barges, to capture spillage.

Additional Mitigation Measures Required by NMFS

    In addition to the mitigation measures contained in the Navy's IHA 
application, NMFS has required the following mitigation measures:
     Displacement must be conducted in such a way as to avoid 
stampedes. Approach of pinnipeds must be conducted gradually.
     Displacement or flushing of pinnipeds should be avoided, 
whenever possible, if dependent pups are present.
     The Navy will suspend activities immediately if an injured 
marine mammal is found in the vicinity of the activity area and the 
activities could aggravate its condition further. The incident must be 
reported to NMFS immediately.

Mitigation Conclusions

    NMFS has carefully evaluated the Navy's proposed mitigation 
measures and considered a range of other 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 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measures are 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, as 
well as other measures considered by NMFS, NMFS has determined that the 
required mitigation measures provide the means of effecting the least 
practicable impact on marine mammals species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.

Monitoring and Reporting

    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 ITAs 
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 proposed action area. 
The Navy submitted a marine mammal monitoring plan as part of the IHA 
application. It can be found in Sections X and XII of the application.

[[Page 39373]]

Monitoring Measures

    The Navy biologist will monitor pinniped reactions to beach barge 
landings to ensure pinniped protection and project compliance with the 
MMPA, and to ensure no Level A take occurs. The project biologist will 
monitor heavy equipment operation on the beach, as needed, to ensure 
compliance with compensation measures and will keep the project 
engineer, NAVFAC Southwest, and NBVC informed about construction that 
may threaten significant biological resources. The project biologist 
will record activities daily and provide electronic versions of 
biological monitoring reports at least weekly to NAVFAC Southwest and 
NBVC. The project biologist will be available to monitor construction 
activities to ensure compliance with sensitive biological resource 
avoidance and minimization measures, including implementation of 
specific measures for protection of marine mammals. The biologist will: 
(1) Ensure impacts on sensitive resources are minimized; (2) educate 
workers about sensitive habitats and how to implement avoidance and 
minimization measures; and (3) attend road repair-related meetings as 
needed.
    Additionally, the Navy will implement the following three 
objectives from the 2010 Integrated Natural Resources Management Plan 
for NVBC, San Nicolas Island, California (INRMP):
    1. Continue to monitor marine mammal populations and evaluate 
interactions related to island activities.
    2. Monitor and protect island-wide pinniped breeding and haul-out 
sites.
    3. Maintain adaptive management strategies to address complex 
issues related to marine mammal resource conflicts and occurrence.
    More information regarding the INRMP and these monitoring goals can 
be found in the Navy's IHA application (see ADDRESSES).

Reporting Measures

    A draft final report must be submitted to NMFS Office of Protected 
Resources within 90 days after the conclusion of the project. The 
report will include a summary of the information gathered pursuant to 
the monitoring requirements set forth in the IHA. The report must also 
summarize the results of the activities, marine mammal behavioral 
observations, and the estimated number of marine mammal takes. A final 
report must be submitted to the Director of the NMFS Office of 
Protected Resources and to the NMFS West Coast Regional Administrator 
within 30 days after receiving comments from NMFS on the draft final 
report. If no comments are received from NMFS, the draft final report 
will be considered to be the final report.
    The Navy must also immediately report to NMFS the sighting of any 
injured marine mammals found in the vicinity of the activity area and 
the activities could aggravate the animal's condition further. 
Activities cannot resume until notified by NMFS via email or telephone.

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 behavioral 
harassment is anticipated as a result of the roads and airfield repairs 
project. The barge landing and materials offload could temporarily 
displace marine mammals from their onshore haulouts, resulting in their 
movement into the water or down-beach. During barge landings, marine 
mammals may avoid the project area and haul out at other beach areas.
    The Navy requested authorization and NMFS has authorized the take, 
by Level B (behavioral) harassment only, of Pacific harbor seals, 
California sea lions, and northern elephant seals. The Navy's IHA 
application and the Notice of Proposed IHA (79 FR 10777, February 26, 
2014) contain a full discussion of how the take estimates were derived. 
Nothing has changed from the proposed IHA; therefore, the discussion is 
not repeated here.
    Based on the survey data collected in 2011 and the number of days 
of activities, the Navy estimates that no more than 50 harbor seal 
displacements will occur each day, with the potential for take to be 
higher in August and lower in November, when harbor seal numbers are 
very low on SNI (Stewart and Yochem, 1984). It is estimated that 75 sea 
lion displacements will occur each day, but haul-out numbers at Coast 
Guard Beach are intermittent in fall. It is estimated that 25 elephant 
seal displacements will occur each day, with numbers increasing in 
October and November. Estimates include displacements during site 
preparation and off-loading. These numbers will likely include the 
displacement of returning individuals, such as elephant seals that will 
likely move back into the hazard area and have to be displaced multiple 
times. Table 3 presents the numbers of authorized takes by Level B 
(behavioral) harassment, the abundance of the stocks, the percentage of 
the stock potentially affected, and the population trend for each 
species or stock.

    Table 3--Authorized Level B Harassment Take Levels, Species or Stock Abundance, Percentage of Population
                                 Proposed To Be Taken, and Species Trend Status
----------------------------------------------------------------------------------------------------------------
                                                                        Percentage of
                                         Authorized     Abundance of        stock
         Common species name            level B take        stock        potentially        Population trend
                                                                          affected
----------------------------------------------------------------------------------------------------------------
Northern elephant seal...............             250         124,000             0.2  Increasing.
California sea lion..................             750         296,750             0.3  Increasing.
Pacific harbor seal..................             500          30,196             1.7  Stable.
----------------------------------------------------------------------------------------------------------------

Analysis and Determinations

Negligible Impact

    Negligible impact is ``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'' (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). 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

[[Page 39374]]

number of marine mammals that might be ``taken'' through behavioral 
harassment, NMFS 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, feeding, migration, 
etc.), as well as the number and nature of estimated Level A harassment 
takes, the number of estimated mortalities, and effects on habitat.
    These activities are anticipated to result in Level B harassment of 
hauled out pinnipeds in the form of displacement or behavioral 
disturbance. These activities are not anticipated to result in injury, 
serious injury, or mortality of any marine mammal species and none is 
authorized. The activities would only occur twice in a 4-month period, 
and each time, activities would only occur for 5 consecutive days. 
Therefore, activities would only occur for 10 days between August 1 and 
November 30.
    None of the species for which take is authorized are listed as 
threatened or endangered under the ESA or as depleted under the MMPA. 
No critical habitat exists for these species. While certain beaches and 
haulouts on SNI have been used for mating, breeding, and pupping, the 
project dates have been selected to avoid these sensitive time periods.
    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 required monitoring and 
mitigation measures, NMFS finds that the total marine mammal take from 
the Navy's roads and airfield repairs project will have a negligible 
impact on the affected marine mammal species or stocks.

Small Numbers

    Based on survey counts of marine mammals anticipated to be present 
at the two proposed activity sites and the number of times the activity 
would occur, the Navy estimates that a total of 750 California sea 
lions, 500 Pacific harbor seals, and 250 northern elephant seals may be 
taken by Level B (behavioral) harassment during the course of the 
activities. These estimates represent less than 1% of the California 
breeding stock of northern elephant seals and the U.S. stock of 
California sea lions and represents 1.7% of the California stock of 
Pacific harbor seals. These take estimates represent the percentage of 
each species or stock that could be taken by Level B behavioral 
harassment if each animal is taken only once. The numbers of marine 
mammals taken are small relative to the affected species or stock 
sizes. In addition, the mitigation and monitoring measures (described 
previously in this document) required in the IHA are expected to reduce 
even further any potential disturbance to marine mammals. NMFS finds 
that small numbers of marine mammals will be taken relative to the 
populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Therefore, NMFS has determined that the total taking of 
affected species or stocks would not have an unmitigable adverse impact 
on the availability of such species or stocks for taking for 
subsistence purposes.

Endangered Species Act (ESA)

    No species listed under the ESA are expected to be affected by 
these activities. Therefore, NMFS has determined that a section 7 
consultation under the ESA is not required.

National Environmental Policy Act (NEPA)

    In June 2012, the Navy prepared a final EA for the San Nicolas 
Island Roads and Airfield Repairs Project Naval Base Ventura County, 
California. This EA is available on our Web site (see ADDRESSES). In 
June 2014, NMFS prepared its own EA that includes an analysis of 
potential environmental effects associated with NMFS' issuance of an 
IHA to the Navy to take marine mammals incidental to conducting the SNI 
roads and airfield repairs project. NMFS has finalized the EA and 
prepared a FONSI for this action. Therefore, preparation of an 
Environmental Impact Statement is not necessary.

Authorization

    As a result of these determinations, NMFS has issued an IHA to the 
Navy for the take of marine mammals incidental to conducting a road and 
airfield repairs project on SNI, California, from August 1 through 
November 30, 2014, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: July 7, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-16148 Filed 7-9-14; 8:45 am]
BILLING CODE 3510-22-P