[Federal Register Volume 80, Number 74 (Friday, April 17, 2015)]
[Notices]
[Pages 21213-21222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-08840]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD814


Takes of Marine Mammals Incidental to Specified Activities; Land 
Survey Activities Within the Eastern Aleutian Islands Archipelago, 
Alaska, 2015

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from the Bureau of Land 
Management (BLM) to take marine mammals, by harassment incidental to 
conducting a one-day field-based land survey of cultural sites located 
on a small island within the eastern Aleutian Islands archipelago for a 
land claim made by an Alaska Regional Native Corporation under the 
Alaska Native Claims Settlement Act. The proposed date for this action 
would be on one day between the periods of June 1 through July 31, 
2015. Per the Marine Mammal Protection Act, NMFS is requesting comments 
on the proposal to issue an Authorization to BLM to incidentally take, 
by Level B harassment only, one species of marine mammal during the 
specified activity.

DATES: NMFS must receive comments and information on or before May 18, 
2015.

ADDRESSES: Address comments on the application to Jolie Harrison, 
Division Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service, 1315 East-West Highway, 
Silver Spring, MD 20910. The mailbox address for providing email 
comments is [email protected]. Please include 0648-XD818 in the subject 
line. Comments sent via email to [email protected], including all 
attachments, must not exceed a 25-megabyte file size. NMFS is not 
responsible for email comments sent to addresses other than the one 
provided here.

[[Page 21214]]

    Instructions: All submitted comments are a part of the public 
record and NMFS will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    To obtain an electronic copy of the application containing a list 
of the references used in this document, write to the previously 
mentioned address, telephone the contact listed here (see FOR FURTHER 
INFORMATION CONTACT), or visit the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
    NMFS will prepare an environmental assessment (EA) in accordance 
with the National Environmental Policy Act to evaluate the 
environmental effects related to the scope of our Federal action, which 
is the proposed issuance of an Authorization to BLM for their proposed 
land survey activities. This notice presents detailed information on 
the scope of NMFS' Federal action under NEPA (i.e., the proposed 
Authorization including mitigation measures and monitoring) and NMFS 
will consider comments submitted in response to this notice for the 
preparation the EA. Information in BLM's application and this notice 
collectively provide the environmental information related to proposed 
issuance of the Authorization for public review and comment.

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

SUPPLEMENTARY INFORMATION: 

Background

    Section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972, 
as amended (MMPA; 16 U.S.C. 1361 et seq.) directs the Secretary of 
Commerce to allow, upon request, the incidental, but not intentional, 
taking of small numbers of marine mammals of a species or population 
stock, by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if, after 
NMFS provides a notice of a proposed authorization to the public for 
review and comment: (1) NMFS makes certain findings; and (2) the taking 
is limited to harassment.
    An Authorization shall be granted for the incidental taking of 
small numbers of marine mammals if NMFS finds that the taking will have 
a negligible impact on the species or stock(s), and will not have an 
unmitigable adverse impact on the availability of the species or 
stock(s) for subsistence uses (where relevant). The Authorization must 
also 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 monitoring and 
reporting of such taking. 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 September 8, 2014, NMFS received an application from BLM 
requesting that we issue an Authorization for the take of marine 
mammals, incidental to conducting one field-based land survey for a 
land claim of cultural sites located on a small island in the eastern 
Aleutian Islands archipelago. BLM must conduct the land survey under 
the Alaska Native Claims Settlement Act of 1971, as amended (ANCSA; 43 
U.S.C. 1601-1624). NMFS determined the application complete and 
adequate on February 17, 2015.
    BLM proposes to conduct one field-based land survey of a land claim 
made pursuant to section 14(h)(1) of the ANCSA by an Alaska Native 
Regional Corporation. The land survey may temporarily disturb Steller 
sea lions (Eumetopias jubatus) hauled out at the selected cultural 
site. BLM proposes to complete the land survey within one day between 
June 1 and July 31, 2015.
    BLM would conduct the proposed activity within the vicinity of a 
major Steller sea lion haulout site identified in the regulations at 50 
CFR 226.202 and the following aspects of the proposed activity would 
likely to result in the take of marine mammals: Noise generated by 
vessel approaches and departures; noise generated by personnel while 
conducting the land survey; and human presence during the proposed 
activity. Thus, NMFS anticipates that take, by Level B harassment only 
of one species of marine mammal could result from the specified 
activity. NMFS anticipates that take by Level B Harassment only, of 
individuals of Steller sea lions only would result from the specified 
activity.

Description of the Specified Activity

Overview
    BLM must conduct the land survey to support conveyance of existing 
cemetery sites and historical places to an Alaska Native Regional 
Corporation as required under the ANCSA. Once BLM concludes the survey 
no additional visits would be necessary for the proposed action.

Dates and Duration

    BLM would complete the survey within one day (approximately 6-10 
hours) between June 1 and July 31, 2015. Thus, the proposed 
Authorization, if issued, would be effective from June 1, 2015 through 
July 31, 2015. NMFS refers the reader to the Detailed Description of 
Activities section later in this notice for more information on the 
scope of the proposed activities.

Specified Geographic Region

    BLM's application contains information on sensitive archaeological 
site locations prohibited from disclosure to the public under the 
National Historic Preservation Act of 1966, as amended. The island is 
small (less than 5 acres), extremely rugged, and uninhabited by people. 
This notice will describe the specified geographic region as cultural 
sites located on a small island in the eastern Aleutian Islands 
archipelago.

Detailed Description of Activities

    BLM proposes to conduct the land survey with a small group of no 
more than four people who would use a global position system (GPS) unit 
to determine the locational accuracy of the selected cultural site. 
After selecting the placement location for the survey marker, BLM 
surveyors would use shovels, digging bars, and mallets to set a group 
of official U.S. survey markers into the ground. BLM does not plan to 
use any power tools to conduct the land survey.
    BLM personnel would access the selected cultural sites using two 
types of boats: A mid-sized marine vessel (approximately 15 meters (m); 
50 feet (ft) in length) and a small skiff. The main vessel would 
approach the remote island at a speed of approximately 8

[[Page 21215]]

knots (kt) (9.2 miles per hour) and would launch the skiff to cross the 
shallower waters immediately surrounding the small island in the 
eastern Aleutian Islands archipelago.
    Once on land, surveyors would walk to the survey sites to conduct 
their activities. BLM does not propose to use any type of motorized 
vehicles on the small island.
    There is a possibility that BLM would need to access the island by 
helicopter or sea plane, if they determine that accessing the island by 
sea would not be feasible due to weather or scheduling constraints. 
However, the likelihood of BLM using this mode of transit is extremely 
low given the high expense involved with chartering aircraft.

Description of Marine Mammals in the Area of the Specified Activity

    Table 1 in this notice provides the following information: All 
marine mammal species with possible or confirmed occurrence in the 
proposed survey areas on land; information on those species' regulatory 
status under the MMPA and the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.); abundance; occurrence and seasonality in the activity 
area. NMFS refers the public the 2014 NMFS Marine Mammal Stock 
Assessment Report available online at: http://www.nmfs.noaa.gov/pr/sars/species.htm for further information on the biology and 
distribution of these species. Based on recent survey reports, there 
are no other species of marine mammals present in the action area (BLM, 
Pers. Comm.)

    Table 1--General Information on Marine Mammals That Could Potentially Haul Out in the Proposed Cultural Site on a Small Island Within the Eastern
                                                  Aleutian Islands Archipelago, June Through July, 2015
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         Stock/species
               Species                       Stock name         Regulatory status 1 2    abundance \3\     Occurrence and range           Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion (Eumetopias          Western U.S............  MMPA-D, S.............             82,516  common................  Winter/Spring.
 jubatus)                                                      ESA-T.................
Steller sea lion (Eumetopias          Eastern U.S............  MMPA-D, S.............      60,131-74,448  uncommon..............  Unknown.
 jubatus)                                                      ESA-DL................
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2014 NMFS Stock Assessment Report (Allen and Angliss, 2015).

Western Distinct Population Segment (DPS) of Steller Sea Lions

    NMFS categorizes the western DPS of Steller sea lion as a strategic 
stock and depleted under the MMPA and endangered under the Endangered 
Species Act of 1973 (ESA; 16 U.S.C. 1531 et. seq.). The latest 
abundance estimate for the western Distinct Population Segment (DPS) of 
Steller sea lions is 82,516 animals (Allen and Angliss, 2015).

Eastern DPS of Steller Sea Lions

    The eastern DPS includes animals born east of Cape Suckling, AK 
(144[deg] W) and the latest abundance estimate for the stock is 60,131 
to 74,448 animals (Allen and Angliss, 2015). Steller sea lions range 
along the North Pacific Rim from northern Japan to California (Loughlin 
et al., 1984), with centers of abundance and distribution in the Gulf 
of Alaska and Aleutian Islands, respectively. The species is not known 
to migrate, but individuals disperse widely outside of the breeding 
season (late May through early July), thus potentially intermixing with 
animals from other areas. Recently, Jemison et al. (2013) summarized 
that there is regular movement of Steller sea lions from the western 
DPS (males and females equally) and eastern DPS (almost exclusively 
males) across the DPS boundary at Cape Suckling, AK. However, the 
proposed land survey location is over 1,000 kilometers from the DPS 
boundary and NMFS expects that few if any Steller sea lions from the 
eastern DPS would be present on the small island.

Steller Sea Lion Critical Habitat

    Under the ESA, NMFS has designated critical habitat for Steller sea 
lions based on the location of terrestrial rookery and haulout sites, 
spatial extent of foraging trips, and availability of prey items (50 
CFR 226.202). Critical habitat includes a terrestrial zone that extends 
0.9 km (3,000 ft) landward from the baseline or base point of a major 
haulout in Alaska. Critical habitat includes an air zone that extends 
0.9 km (3,000 ft) above the terrestrial zone of a major haulout in 
Alaska, measured vertically from sea level. Critical habitat includes 
an aquatic zone that extends 20 nautical miles (37 km; 23 miles (mi)) 
seaward in state and federally managed waters from the baseline or 
basepoint of a major haulout in Alaska west of 144[deg] W longitude. 
BLM's proposed action falls within an area designated as a major 
haulout for Steller sea lions.

Other Marine Mammals in the Proposed Action Area

    The BLM, in collaboration with the Alaska Department of Fish and 
Game, has not encountered any other species of marine mammal (e.g., the 
northern fur seal, (Callorhinus ursinus)) hauled out on the small 
island in the eastern Aleutian Islands archipelago during the course of 
previous surveying activities within the area over the past 13 years 
(ADGF, Pers. Comm.). NMFS independently evaluated the likelihood of 
northern fur seal presence in the action area using the Ocean 
Biogeographic Information System Spatial Ecological Analysis of 
Megavertebrate Populations viewer (OBIS SEAMAP, 2015) and found no 
records of observations of northern fur seals within the proposed 
action area. Thus, NMFS will not consider this species further in this 
notice.

Potential Effects of the Specified Activities 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., 
personnel presence) have been observed to impact marine mammals. This 
discussion may also include reactions that NMFS considers 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 serves as a background of potential 
effects and does not consider either the specific manner in which the 
applicant will carry out the activity or the mitigation that will be 
implemented, and 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 NMFS expects BLM to take 
during this activity. The ``Negligible Impact Analysis'' section will 
include the analysis of how this specific activity would impact marine 
mammals. NMFS will consider the

[[Page 21216]]

content of the following sections: Estimated Take by Incidental 
Harassment; Proposed Mitigation; and Anticipated Effects on Marine 
Mammal Habitat, to draw conclusions regarding the likely impacts of 
this activity on the reproductive success or survivorship of 
individuals--and from that consideration--the likely impacts of this 
activity on the affected marine mammal populations or stocks.

Potential Effects of Human Presence on Marine Mammals

    The appearance of BLM surveyors may have the potential to cause 
Level B harassment of Steller sea lions hauled out on the small island 
in the proposed action area. Disturbance includes a variety of effects, 
including subtle to conspicuous changes in behavior, movement, and 
displacement. Disturbance may result in reactions ranging from an 
animal simply becoming alert to the presence of the surveyors (e.g., 
turning the head, assuming a more upright posture) to flushing from the 
haul-out site into the water. NMFS does not consider the lesser 
reactions to constitute behavioral harassment, or Level B harassment 
takes, but rather assumes that pinnipeds that move greater than 1 meter 
(m) (3.3 feet (ft)) or change the speed or direction of their movement 
in response to the presence of surveyors are behaviorally harassed, and 
thus subject to Level B taking. Animals that respond to the presence of 
surveyors by becoming alert, but do not move or change the nature of 
locomotion as described, are not considered to have been subject to 
behavioral harassment.
    Reactions to human presence, if any, depend on species, state of 
maturity, experience, current activity, reproductive state, time of 
day, and many other factors (Richardson et al., 1995; Wartzok et al., 
2004; Southall et al., 2007; Weilgart, 2007). These behavioral 
reactions are often shown as: Changing durations of surfacing and 
dives, number of blows per surfacing, or moving direction and/or speed; 
reduced/increased vocal activities; changing/cessation of certain 
behavioral activities (such as socializing or feeding); visible startle 
response or aggressive behavior; avoidance of areas; and/or flight 
responses (e.g., pinnipeds flushing into the water from haul-outs or 
rookeries). If a marine mammal does react briefly to human presence by 
changing its behavior or moving a small distance, the impacts of the 
change are unlikely to be significant to the individual, let alone the 
stock or population. However, if visual stimuli from human presence 
displaces marine mammals from an important feeding or breeding area for 
a prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder, 2007; Weilgart, 2007).
    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). Numerous studies have shown that human activity can 
flush harbor seals off haulout sites (Allen et al., 1984; Calambokidis 
et al., 1991; Suryan and Harvey, 1999; and Mortenson et al., 2000) or 
lead to Hawaiian monk seals (Monachus schauinslandi) avoidance of beach 
areas The Hawaiian monk seal (Monachus schauinslandi) avoiding beaches 
(Kenyon, 1972). In one case, human disturbance appeared to cause 
Steller sea lions to desert a breeding area at Northeast Point on St. 
Paul Island, Alaska (Kenyon, 1962).
    In cases where vessels actively approached marine mammals (e.g., 
whale watching or dolphin watching boats), scientists have documented 
that animals exhibit altered behavior such as increased swimming speed, 
erratic movement, and active avoidance behavior (Bursk, 1983; Acevedo, 
1991; Baker and MacGibbon, 1991; Trites and Bain, 2000; Williams et 
al., 2002; Constantine et al., 2003), reduced blow interval (Ritcher et 
al., 2003), disruption of normal social behaviors (Lusseau, 2003; 
2006), and the shift of behavioral activities which may increase 
energetic costs (Constantine et al., 2003; 2004).
    In 1997, Henry and Hammil (2001) conducted a study to measure the 
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats) 
on harbor seal haulout behavior in M[eacute]tis Bay, Quebec, Canada. 
During that study, the authors noted that the most frequent 
disturbances (n=73) were caused by lower speed, lingering kayaks, and 
canoes (33.3 percent) as opposed to motorboats (27.8 percent) 
conducting high speed passes. The seal's flight reactions could be 
linked to a surprise factor by kayaks-canoes which approach slowly, 
quietly and low on water making them look like predators. However, the 
authors note that once the animals were disturbed, there did not appear 
to be any significant lingering effect on the recovery of numbers to 
their pre-disturbance levels. In conclusion, the study showed that boat 
traffic at current levels has only a temporary effect on the haulout 
behavior of harbor seals in the M[eacute]tis Bay area.
    In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haulout 
sites on Yellow Island, Washington. The authors estimated the minimum 
distance between the vessels and the haul-out sites; categorized the 
vessel types; and evaluated seal responses to the disturbances. During 
the course of the seven-weekend study, the authors recorded 14 human-
related disturbances which were associated with stopped powerboats and 
kayaks. During these events, hauled out seals became noticeably active 
and moved into the water. The flushing occurred when stopped kayaks and 
powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m) 
respectively. The authors note that the seals were unaffected by 
passing powerboats, even those approaching as close as 128 ft (39 m), 
possibly indicating that the animals had become tolerant of the brief 
presence of the vessels and ignored them. The authors reported that on 
average, the seals quickly recovered from the disturbances and returned 
to the haulout site in less than or equal to 60 minutes. Seal numbers 
did not return to pre-disturbance levels within 180 minutes of the 
disturbance less than one quarter of the time observed. The study 
concluded that the return of seal numbers to pre-disturbance levels and 
the relatively regular seasonal cycle in abundance throughout the area 
counter the idea that disturbances from powerboats may result in site 
abandonment (Johnson and Acevedo-Gutierrez, 2007). As a general 
statement from the available information, pinnipeds exposed to intense 
(approximately 110 to 120 decibels re: 20 [mu]Pa) non-pulse sounds 
often leave haulout areas and seek refuge temporarily (minutes to a few 
hours) in the water (Southall et al., 2007).
    There are three ways in which disturbance, as described previously, 
could result in more than Level B harassment of marine mammals. All 
three are most likely to be consequences of stampeding, a potentially 
dangerous occurrence in which large numbers of animals succumb to mass 
panic and rush away from a stimulus. The three situations are: (1) 
Falling when entering the water at high-relief locations; (2) extended 
separation of mothers and pups; and (3) crushing of pups by large males 
during a stampede. However, NMFS does not expect any of these scenarios 
to occur at the proposed survey site.
    Because hauled-out animals may move towards the water when 
disturbed, there is the risk of injury if

[[Page 21217]]

animals stampede towards shorelines with precipitous relief (e.g., 
cliffs). However, while high-elevation sites exist on the small island, 
the haulout sites consist of ridges with unimpeded and non-obstructive 
access to the water. If disturbed, the small number of hauled-out adult 
animals may move toward the water without risk of encountering barriers 
or hazards that would otherwise prevent them from leaving the area. 
Moreover, the proposed area would not be crowded with large numbers of 
Steller sea lions during June or July, further eliminating the 
possibility of potentially injurious mass movements of animals 
attempting to vacate the haulout. Thus, in this case, NMFS considers 
the risk of injury, serious injury, or death to hauled-out animals as 
very low.
    Finally, only adult Steller sea lions occupy the haulout site 
during June and July. No pups or breeding adults would be present 
during the proposed survey.
    The probability of vessel and marine mammal interactions (i.e., 
vessel strike) occurring during the proposed activities is unlikely due 
to main vessels slow operational speed around the island, which is 
typically 8 knots (9.2 miles per hour) coupled with the observer and 
BLM personnel continually scanning the water for marine mammals 
presence during transit to the island. Thus, NMFS does not anticipate 
that take would result from the movement of the main vessel or skiff.

Anticipated Effects on Marine Mammal Habitat

    The only habitat modification associated with the proposed activity 
is the placement of a group of official U.S. survey markers into the 
ground. BLM would conduct the installation of the survey markers under 
the appropriate authorities (ANCSA) and would not use any power tools 
to set the markers.
    NMFS expects that the presence of the surveyors would likely 
disturb any marine mammals present at the site. NMFS also expects that 
marine mammals would retreat to a distance where noise related to the 
use of shovels, digging bars, and mallets would not increase the 
disturbance. In most instances, wind and wave noise would also drown 
out the noise of the hand tools. At the conclusion of the survey, BLM 
would remove all survey equipment and would not leave any trash or 
field gear at the site.
    NMFS does not anticipate that the proposed survey would result in 
any permanent effects on the habitats used by the marine mammals in the 
proposed area, including the food sources they use (i.e., fish and 
invertebrates). Based on the preceding discussion, NMFS does not 
anticipate that the proposed activity would have any habitat-related 
effects that could cause significant or long-term consequences for 
individual marine mammals or their populations.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods 
of taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant).

Mitigation Measures

    The BLM proposes to implement several mitigation measures to reduce 
potential take by Level B (behavioral disturbance) harassment. Measures 
include: (1) Conducting slow and controlled approaches to the island by 
vessel and skiff as far away as possible from hauled out sea lions to 
prevent or minimize stampeding; (2) avoiding placing the skiff in the 
path of swimming sea lions that may be present; (3) beginning 
terrestrial activities as far away as possible from hauled out sea 
lions; (4) conducting slow movements to prevent or minimize stampeding; 
(5) avoiding loud noises (i.e., using hushed voices); (6) avoiding 
pinnipeds along access ways to sites by locating and taking a different 
access way and vacating the area as soon as possible after completing 
the land survey; (7) monitoring the offshore area for predators (such 
as killer whales and white sharks) and avoid flushing of pinnipeds when 
predators are observed in nearshore waters; and (8) using binoculars to 
detect pinnipeds before close approach to avoid being seen by animals.
    BLM will use the methodologies and actions noted in this section 
which NMFS would include as mitigation measures in any issued 
Authorization to ensure that BLM mitigates impacts to marine mammals to 
the lowest level practicable. The primary method of mitigating the risk 
of disturbance to sea lions, which will be in use at all times, is the 
selection of judicious routes of approach to the survey site, avoiding 
close contact with sea lions hauled out on shore, and the use of 
extreme caution upon approach. In no case will BLM deliberately 
approach marine mammals. BLM personnel would select a pathway of 
approach to the survey sites that minimizes the number of marine 
mammals potentially harassed. In general, BLM personnel would stay 
inshore of sea lions whenever possible to allow slow and controlled 
egress to the ocean. The survey would last for approximately 6-10 
hours, after which personnel would vacate the survey site. Any marine 
mammals that may have been disturbed by the presence of surveyors could 
re-occupy the site after completion of the survey.

Mitigation Conclusions

    NMFS has carefully evaluated BLM's proposed mitigation measures in 
the context of ensuring that we prescribe the means of affecting the 
least practicable impact on the affected marine mammal species and 
stocks and their habitat. The evaluation of potential measures included 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS 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 vessel or 
visual presence that NMFS expects 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 exposed to vessel 
or visual presence that NMFS expects 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 vessel or 
visual presence that NMFS expects to result in the take of marine 
mammals (this goal may contribute to a, above, or to reducing the 
severity of harassment takes only).

[[Page 21218]]

    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 the evaluation of BLM proposed measures, NMFS has 
preliminarily determined that the proposed mitigation measures provide 
the means of effecting the least practicable impact on marine mammal 
species or stocks and their habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance.

Proposed Monitoring

    In order to issue an incidental take authorization 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 Authorizations 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 NMFS expects to be 
present in the proposed action area.
    BLM submitted a marine mammal monitoring plan in section 13 of 
their Authorization application. NMFS or BLM may modify or supplement 
the plan based on comments or new information received from the public 
during the public comment period.
    Monitoring measures prescribed by NMFS should accomplish one or 
more of the following general goals:
    1. An increase in our understanding of the likely occurrence of 
marine mammal species in the vicinity of the action, (i.e., presence, 
abundance, distribution, and/or density of species).
    2. An increase in our understanding of the nature, scope, or 
context of the likely exposure of marine mammal species to any of the 
potential stressor(s) associated with the action (e.g., sound or visual 
stimuli), through better understanding of one or more of the following: 
The action itself and its environment (e.g., sound source 
characterization, propagation, and ambient noise levels); the affected 
species (e.g., life history or dive pattern); the likely co-occurrence 
of marine mammal species with the action (in whole or part) associated 
with specific adverse effects; and/or the likely biological or 
behavioral context of exposure to the stressor for the marine mammal 
(e.g., age class of exposed animals or known pupping, calving or 
feeding areas).
    3. An increase in our understanding of how individual marine 
mammals respond (behaviorally or physiologically) to the specific 
stressors associated with the action (in specific contexts, where 
possible, e.g., at what distance or received level).
    4. An increase in our understanding of how anticipated individual 
responses, to individual stressors or anticipated combinations of 
stressors, may impact either: The long-term fitness and survival of an 
individual; or the population, species, or stock (e.g. through effects 
on annual rates of recruitment or survival).
    5. An increase in our understanding of how the activity affects 
marine mammal habitat, such as through effects on prey sources or 
acoustic habitat (e.g., through characterization of longer-term 
contributions of multiple sound sources to rising ambient noise levels 
and assessment of the potential chronic effects on marine mammals).
    6. An increase in understanding of the impacts of the activity on 
marine mammals in combination with the impacts of other anthropogenic 
activities or natural factors occurring in the region.
    7. An increase in our understanding of the effectiveness of 
mitigation and monitoring measures.
    8. An increase in the probability of detecting marine mammals 
(through improved technology or methodology), both specifically within 
the safety zone (thus allowing for more effective implementation of the 
mitigation) and in general, to better achieve the above goals.
    As part of its Authorization application, BLM proposes to sponsor 
marine mammal monitoring, in order to implement the mitigation measures 
that require real-time monitoring, and to satisfy the monitoring 
requirements of the proposed Authorization. These include:
     The vessel would circle the island from the greatest 
distance feasible for accurate observation to allow the marine mammal 
observer (observer) to map and record the initial locations, numbers, 
and behaviors of Steller sea lions using the island before commencing 
the survey. The observer would use this information to recommend where 
BLM personnel should approach the survey area to minimize disruption to 
any Steller sea lions hauled out on the island.
     Once on land, the observer would record any changes in sea 
lion locations, numbers, or behaviors observed during the 
reconnaissance.
     The observer would post at a location (e.g., a ridge or 
other high elevation area) to visually observe sea lions with no or 
minimal risk of modifying their behavior. If possible, the observer 
would also have the land survey crew in sight and would communicate 
with the surveyors using hand-held radios. The observer would advise 
the crew on the location and behavior of the sea lions to maximize the 
safety of both the sea lions and the crew.
    Proposed monitoring requirements in relation to BLM's proposed 
activities would include species counts, numbers of observed 
disturbances, and descriptions of the disturbance behaviors during the 
monitoring surveys, including location, date, and time of the event. In 
addition, BLM would record observations regarding the number and 
species of any marine mammals either observed in the water or hauled 
out.
    BLM can add to the knowledge of pinnipeds in the proposed action 
area by noting observations of: (1) Unusual behaviors, numbers, or 
distributions of pinnipeds, such that any potential follow-up research 
can be conducted by the appropriate personnel; (2) tag-bearing 
carcasses of pinnipeds, allowing transmittal of the information to 
appropriate agencies and personnel; and (3) rare or unusual species of 
marine mammals for agency follow-up.
    If at any time injury, serious injury, or mortality of the species 
for which take is authorized should occur, or if take of any kind of 
any other marine mammal occurs, and such action may be a result of the 
proposed land survey, BLM would suspend survey activities and contact 
NMFS immediately to determine how best to proceed to ensure that 
another injury or death does not occur and to ensure that the applicant 
remains in compliance with the MMPA.

Proposed Reporting

    BLM would submit a draft report to NMFS Office of Protected 
Resources no later than 90 days after the expiration of the proposed 
Authorization, if issued. The report will include a summary of the 
information gathered pursuant to the monitoring requirements set forth 
in the proposed Authorization. BLM will submit a final report to the 
Director of the NMFS Office of Protected Resources

[[Page 21219]]

within 30 days after receiving comments from NMFS on the draft report. 
If BLM receives no comments from NMFS on the report, NMFS will consider 
the draft report to be the final report.
    The 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 report will provide:
    1. A summary and table of the dates, times, and weather during all 
research activities.
    2. Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities.
    3. An estimate of the number (by species) of marine mammals exposed 
to human presence associated with the survey activities.
    4. 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, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), BLM personnel shall 
immediately cease the specified activities and immediately report the 
incident to the Division Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska 
Regional Stranding Coordinator at (907) 586-7248. 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).
    BLM shall not resume its activities until NMFS is able to review 
the circumstances of the prohibited take. We will work with BLM to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. BLM may not resume their 
activities until notified by us via letter, email, or telephone.
    In the event that BLM discovers an injured or dead marine mammal, 
and the marine mammal 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), BLM will immediately report the incident to the Division 
Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding 
Coordinator at (907) 586-7248. The report must include the same 
information identified in the paragraph above this section. Activities 
may continue while NMFS reviews the circumstances of the incident. NMFS 
would work with BLM to determine whether modifications in the 
activities are appropriate.
    In the event that BLM 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), BLM will report the incident to 
the Division Chief, Permits and Conservation Division, Office of 
Protected Resources, NMFS, at 301-427-8401 and the Alaska Regional 
Stranding Coordinator at (907) 586-7248 within 24 hours of the 
discovery. BLM personnel will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us. BLM can continue their survey activities while NMFS reviews the 
circumstances of the incident.

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].
    All anticipated takes would be by Level B harassment, involving 
temporary changes in behavior. NMFS expects that the proposed 
mitigation and monitoring measures would minimize the possibility of 
injurious or lethal takes. NMFS considers the potential for take by 
injury, serious injury, or mortality as remote. NMFS expects that the 
presence of BLM personnel could disturb of animals hauled out close to 
the survey site and that the animals may alter their behavior or 
attempt to move away from the surveyors.
    As discussed earlier, NMFS considers an animal to have been 
harassed if it moved greater than 1 m (3.3 ft) in response to the 
surveyors' presence or if the animal was already moving and changed 
direction and/or speed, or if the animal flushed into the water. NMFS 
does not consider animals that became alert without such movements as 
harassed.
    For the purpose of this proposed Authorization, BLM proposed take 
estimates based on sea lion survey counts obtained from NMFS' National 
Marine Mammal (NMML) Steller Sea Lion Count Database and from 
researchers with extensive knowledge and experience of the survey 
location. Data from NMFS' National Marine Mammal (NMML) Steller Sea 
Lion Count Database indicate that approximately 80 adult Steller sea 
lions of the western DPS haul out on the small island mainly in late 
winter and early spring (NMML, 2015). However, use of that particular 
haulout decreases after May in the summer with NMML's database records 
(2000-2008) indicating a maximum of eight adults hauled out on the 
island during June or July (NMML, 2015; B. Fadely, Pers. Comm.).
    These observations formed the basis of the actual number of marine 
mammals that may be subject to take. Based on best available 
information, NMFS estimates that the survey activities could 
potentially affect by Level B behavioral harassment up to 20 Steller 
sea lions over the course of the Authorization. This estimate 
represents less than one percent (0.0002) of the western DPS of Steller 
sea lions and accounts for a maximum disturbance of 20 animals during 
the one-day visit to the island. Actual take may be slightly less if 
animals decide to haul out at a different location for the day or if 
animals are foraging at the time of the survey activities.
    NMFS does not propose to authorize any injury, serious injury, or 
mortality. NMFS expect all potential takes to fall under the category 
of Level B harassment only.

Encouraging and Coordinating Research

    BLM would share observations and counts of marine mammals and all 
observed disturbances to the

[[Page 21220]]

appropriate state and federal agencies at the conclusion of the survey.

Analysis and Preliminary 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). 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, NMFS considers other 
factors, such as the likely nature of any responses (e.g., intensity, 
duration), the context of any responses (e.g., critical reproductive 
time or location, migration), as well as the number and nature of 
estimated Level A harassment takes, the number of estimated 
mortalities, and effects on habitat.
    Although BLM's survey activities may disturb sea lions hauled out 
on the island, NMFS expects those impacts to occur to a small, 
localized group of animals for a limited duration (e.g., 6-10 hours in 
one day). Steller sea lions would likely become alert or, at most, 
flush into the water in reaction to the presence of BLM personnel 
during the proposed activities. Disturbance will be limited to a short 
duration, allowing adult sea lions to reoccupy the island within a 
short amount of time. Thus, the proposed action is unlikely to result 
in long-term impacts such as permanent abandonment of the haul-out.
    BLM's activities would occur during the least sensitive time (e.g., 
summer, June through July) for hauled out sea lions on the island. Only 
adult Steller sea lions occupy the haulout site during June and July. 
Thus, pups or breeding adults would not be present during the proposed 
one-day survey.
    Moreover, BLM's mitigation measures regarding transit speed, island 
approaches, and survey site ingress and egress would minimize the 
potential for stampedes and large-scale movements. Thus, the potential 
for large-scale movements and stampede leading to injury, serious 
injury, or mortality is low.
    NMFS proposes to authorize take for the Western DPS of Steller sea 
lion listed as endangered under the ESA and classified as a strategic 
stock and depleted under the MMPA. BLM's proposed action falls within 
an area designated as a major haulout for Steller sea lions under the 
critical habitat designations of the ESA. Steller sea lions spend much 
of their time in marine water but they do rest and breed on land. 
During the breeding and pupping season (late May to early July), 
reproductively active adult Steller sea lions occupy rookeries 
(terrestrial birthing sites) whereas non-breeding individuals use 
haulouts (terrestrial resting sites). In this case, relatively small 
numbers (less than 10) of adult, non-reproducing, Steller sea lions use 
the island as a haulout during the months of June and July when the 
one-day survey would occur. Moreover, BLM's proposed activities would 
not significantly alter the physical or biological features of the 
critical habitat. Project related disturbances to Steller sea lion 
would result from stimuli related to vessel and human presence within 
the proposed area. However, the disturbances related to these 
activities are temporary in nature and not expected to permanently 
modify the critical habitat.
    In summary, NMFS anticipates that impacts to hauled-out Steller sea 
lions during BLM's land survey activities would be behavioral 
harassment of limited duration (i.e., less than one day) and limited 
intensity (i.e., temporary flushing at most). NMFS does not expect 
stampeding, and therefore injury or mortality to occur (see 
``Mitigation'' for more details). 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 proposed monitoring and mitigation measures, NMFS 
preliminarily finds that the total marine mammal take from BLM's 
proposed survey activities will have a negligible impact on the 
affected marine mammal species or stocks.

Small Numbers

    As mentioned previously, NMFS estimates that BLM's proposed 
activities could potentially affect, by Level B harassment only, one 
species of marine mammal under our jurisdiction. NMFS estimates that 
the survey activities could potentially affect by Level B behavioral 
harassment up to 20 Steller sea lions over the course of the proposed 
Authorization. This estimate represents less than one percent (0.0002) 
of the western DPS of Steller sea lions and accounts for a maximum 
disturbance of 20 animals during the one-day visit to the island. For 
the Western DPS of Steller sea lion, this estimate is small (less than 
one percent) relative to the population size of 82,516 animals. 
However, actual take may be slightly less if animals decide to haul out 
at a different location for the day or if animals are foraging at the 
time of the survey activities. Based on the analysis contained in this 
notice of the likely effects of the specified activity on marine 
mammals and their habitat, and taking into consideration the 
implementation of the mitigation and monitoring measures, NMFS 
preliminarily finds that BLM's proposed activities would take small 
numbers of marine mammals relative to the populations of the affected 
species or stocks.

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

    There are no relevant subsistence uses of marine mammals implicated 
by this action. The proposed activity occurs south of the latitude that 
NMFS' categorizes as within Arctic waters (i.e., north of 60[deg] N). 
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)

    For the reasons already described in this notice, NMFS has 
determined that the issuance of a proposed Authorization may have an 
effect on species or critical habitat protected under the ESA 
(specifically, the Steller sea lion). Under section 7 of the ESA, BLM 
has initiated formal consultation with NMFS on the proposed land 
survey. NMFS (i.e., National Marine Fisheries Service, Office of 
Protected Resources, Permits and Conservation Division) will also 
consult internally with NMFS on the proposed issuance of an 
Authorization under section 101(a)(5)(D) of the MMPA. NMFS and BLM will 
conclude the consultation prior to a determination on the issuance of 
the Authorization.

National Environmental Policy Act (NEPA)

    To meet NEPA requirements for the issuance of a proposed 
Authorization to BLM, NMFS intends to prepare an Environmental 
Assessment (EA) on NMFS' proposed action. Prior to making a final 
decision on the issuance of an Authorization, NMFS would decide whether 
or not to issue a Finding of No Significant Impact. NMFS will review 
all comments submitted in response to

[[Page 21221]]

this notice to complete the NEPA process prior to making a final 
decision on the Authorization request.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes 
issuing an Incidental Harassment Authorization to BLM for take 
incidental to conducting a one-day field-based land survey of cultural 
sites located on a small island within the eastern Aleutian Islands 
archipelago, during the period of June 1, 2015 through July 31, 2015, 
provided they incorporate the previously mentioned mitigation, 
monitoring, and reporting requirements.

Draft Proposed Authorization

    This section contains the draft text for the proposed 
Authorization. NMFS proposes to include this language in the 
Authorization if issued.

Proposed Authorization Language

    The Bureau of Land Management (BLM)--Alaska Division of Lands and 
Cadastral, 222 West Seventh Avenue, #13, Anchorage, Alaska 99513 and/or 
its designees (holders of the Authorization) are hereby authorized 
under section 101(a)(5)(D) of the Marine Mammal Protection Act (16 
U.S.C. 1361 et seq.) to harass small numbers of marine mammals 
incidental to conducting a one-day field-based land survey of cultural 
sites.
    1. This Authorization is valid from June 1 through July 31, 2015.
    2. This Authorization is valid only for land survey activities that 
would occur in the following specified geographic area: The island 
within the eastern Aleutian Islands archipelago identified in BLM's 
application.

3. Species Authorized and Level of Takes

    a. The taking, by Level B harassment only, is limited to the 
following species: 20 Steller sea lions (Eumetopias jubatus).
    b. The taking by injury (Level A harassment), serious injury or 
death of any of the species listed in Condition 3(a) or the taking of 
any kind of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this 
Authorization.
    c. The taking by injury (Level A harassment), serious injury, or 
death of any of the species listed in condition 3(b) of the 
Authorization or any taking of any other species of marine mammal is 
prohibited and may result in the modification, suspension, or 
revocation of this Authorization.

4. General Conditions

    A copy of this Authorization must be in the possession of the BLM, 
its designees, and field crew personnel operating under the authority 
of this Authorization at all times. BLM must also abide by the Terms 
and Conditions included within the Biological Opinion's Incidental Take 
Statement.

5. Mitigation Measures

    BLM and its designees must implement the following mitigation 
measures:
    a. Conduct a slow and controlled approach to the island by vessel 
and skiff as far away as possible from hauled out sea lions to prevent 
or minimize stampeding.
    b. Ensure that the main vessel and skiff approach the island at a 
reasonably slow speed (i.e., no faster than 8 knots (9.2 miles per 
hour)).
    c. Monitor for offshore predators such as great white sharks 
(Carcharodon carcharias) or killer whales (Orcinus orca) prior to 
accessing the island. If BLM and/or its designees see predators in the 
area, they must not disturb the animals until the area is free of 
predators.
    d. Avoid placing the skiff in the path of swimming sea lions that 
may be present in the area.
    e. Select a pathway of approach to the survey site that minimizes 
the number of marine mammals harassed and conduct slow movements while 
accessing and exiting the island to prevent or minimize stampeding.
    f. Maintain a quiet working atmosphere, avoid loud noises, and use 
hushed voices in the presence of hauled out pinnipeds.
    g. Initiate the land survey away from hauled out sea lions as far 
away as practicable. If BLM and/or its designees need to survey in the 
direction of hauled out sea lions, proceed in a slow and controlled 
manner to minimize disturbance and allow animals to slowly flush into 
the water.
    h. Use binoculars to detect pinnipeds before close approach to 
avoid being seen by animals.

6. Monitoring

    The holder of this Authorization is required to conduct monitoring 
of marine mammals present at the survey site. BLM and/or its designees 
shall have at least one NMFS-qualified biologist serve as a marine 
mammal observer to evaluate incidental take and implement mitigation 
measures.
    a. BLM and/or its designees shall record the following:
    i. Species counts (with numbers of adults/juveniles); and:
    ii. Numbers of disturbances, by species and age, according to a 
three-point scale of intensity including: (1) Head orientation in 
response to disturbance, which may include turning head towards the 
disturbance, craning head and neck while holding the body rigid in a u-
shaped position, or changing from a lying to a sitting position and/or 
slight movement of less than 1 meter; ``alert''; (2) Movements in 
response to or away from disturbance, typically over short distances 
(1-3 meters) and including dramatic changes in direction or speed of 
locomotion for animals already in motion; ``movement''; and (3) All 
flushes to the water as well as lengthier retreats (>3 meters); 
``flight''.
    iii. Information on the weather, including the tidal state and 
horizontal visibility.
    b. If applicable, the observer shall note observations of marked or 
tag-bearing pinnipeds or carcasses, as well as any rare or unusual 
species of marine mammal.
    c. If applicable, the observer shall note the presence of any 
offshore predators (date, time, number, and species).

7. Reporting

    The holder of this Authorization is required to:
    a. Draft Report: Submit a draft monitoring report to the Division 
Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service within 90 days after the 
Authorization expires. NMFS will review the Draft Report which is 
subject to review and comment by NMFS. BLM must address any 
recommendations made by NMFS in the Final Report prior to submission to 
NMFS. If NMFS decides that the draft final report needs no comments, 
NMFS will consider the draft report as the Final Report.
    b. Final Report: BLM shall prepare and submit a Final Report to 
NMFS within 30 days following resolution of any comments on the draft 
report from NMFS.

8. Reporting Injured or Dead Marine Mammals

    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.), BLM and/or its 
designees shall immediately cease the specified activities and 
immediately report the incident to the Division Chief, Permits and 
Conservation Division, Office of Protected Resources, NMFS, at

[[Page 21222]]

301-427-8401 and the Alaska Regional Stranding Coordinator at (907) 
586-7248. 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).
    BLM shall not resume its activities until NMFS is able to review 
the circumstances of the prohibited take. NMFS will work with BLM to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. BLM may not resume their 
activities until notified by us via letter, email, or telephone.
    In the event that BLM discovers an injured or dead marine mammal, 
and the marine mammal 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), BLM will immediately report the incident to the Division 
Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding 
Coordinator at (907) 586-7248. The report must include the same 
information identified in the paragraph above this section. Activities 
may continue while NMFS reviews the circumstances of the incident. NMFS 
would work with BLM to determine whether modifications in the 
activities are appropriate.
    In the event that BLM 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), BLM will report the incident to 
the Division Chief, Permits and Conservation Division, Office of 
Protected Resources, NMFS, at 301-427-8401 and the Alaska Regional 
Stranding Coordinator at (907) 586-7248 within 24 hours of the 
discovery. BLM personnel will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us. BLM can continue their survey activities while NMFS reviews the 
circumstances of the incident.

Request for Public Comments

    NMFS requests comments on our analysis, the draft authorization, 
and any other aspect of this notice of proposed Authorization for the 
proposed activities. Please include any supporting data or literature 
citations with your comments to help inform our final decision on BLM's 
request for an Authorization.

    Dated: April 13, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-08840 Filed 4-16-15; 8:45 am]
 BILLING CODE 3510-22-P