[Federal Register Volume 80, Number 115 (Tuesday, June 16, 2015)]
[Notices]
[Pages 34385-34391]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-14700]


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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; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, we, NMFS, hereby give notification that the National 
Marine Fisheries Service has issued an Incidental Harassment 
Authorization (IHA) to 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, Alaska, June through July, 
2015.

DATES: Effective June 12, 2015 through July 31, 2015.

ADDRESSES: The public may obtain an electronic copy of Glacier Bay NP's 
application, supporting documentation, the authorization, and a list of 
the references cited in this document by visiting: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
    The Environmental Assessment and associated Finding of No 
Significant Impact, prepared pursuant to the National Environmental 
Policy Act of 1969, are also available at the same site.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, 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, AK. NMFS determined the application 
complete and adequate on February 17, 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 20 
Steller sea lions 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.

[[Page 34386]]

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 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.

Comments and Responses

    We published a notice of receipt of BLM's application and proposed 
Authorization in the Federal Register (80 FR 21213, April 17, 2015). 
During the 30-day comment period, we received one comment from the 
Marine Mammal Commission (Commission) which recommended that we issue 
the requested Authorization, provided that BLM carries out the required 
monitoring and mitigation measures as described in the notice of the 
proposed authorization (80 FR 21213, April 17, 2015) and the 
application. We have included all measures proposed in the notice of 
the proposed authorization (80 FR 21213, April 17, 2015) in the final 
Authorization.
    We also received comments from one private citizen who opposed the 
authorization on the basis that NMFS should not allow any 
Authorizations for harassment. We considered the commenter's general 
opposition to BLM's activities and to our issuance of an Authorization. 
The Authorization, described in detail in the Federal Register notice 
of the proposed Authorization (80 FR 21213, April 17, 2015) includes 
mitigation and monitoring measures to effect the least practicable 
impact to marine mammals and their habitat. It is our responsibility to 
determine whether the activities will have a negligible impact on the 
affected species or stocks; will have an unmitigable adverse impact on 
the availability of the species or stock(s) for subsistence uses, where 
relevant; and to prescribe the means of effecting the least practicable 
adverse impact on the affected species or stocks and their habitat, as 
well as monitoring and reporting requirements.
    Regarding the commenter's opposition to authorizing harassment, the 
MMPA allows U.S. citizens (which includes BLM) to request take of 
marine mammals incidental to specified activities, and requires us to 
authorize such taking if we can make the necessary findings required by 
law and if we set forth the appropriate prescriptions. As explained 
throughout the Federal Register notice (80 FR 21213, April 17, 2015), 
we made the necessary preliminary findings under 16 U.S.C. 
1361(a)(5)(D) to support issuance of Authorization.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammals most likely to be harassed incidental to BLM 
conducting the land survey activities are Steller sea lions. 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 to the Federal Register notice of the proposed 
Authorization (80 FR 21213, April 17, 2015) and 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
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                                                             Regulatory  status    Stock/species  abundance
              Species                     Stock name              \1\ \2\                     \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..............
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\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).

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,

[[Page 34387]]

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

    Acoustic and visual stimuli generated by: (1) Vessel approaches and 
departures; and (2) human presence during the land survey activities, 
have the potential to cause Level B harassment of Steller sea lions 
hauled out on the small island in the proposed survey area. Disturbance 
includes a variety of effects, including subtle to conspicuous changes 
in behavior, movement, and displacement.
    We expect that acoustic and visual stimuli resulting from the 
proposed activities has the potential to harass marine mammals. We also 
expect that these disturbances would be temporary and result, at worst, 
in a temporary modification in behavior and/or low-level physiological 
effects (Level B harassment) of Steller sea lions.
    We included a summary and discussion of the ways that the types of 
stressors associated with BLM's specified activities (i.e., visual and 
acoustic disturbance) have the potential to impact marine mammals in 
the Federal Register notice of the proposed Authorization (80 FR 21213, 
April 17, 2015).
    Vessel Strike: The potential for striking marine mammals is a 
concern with vessel traffic. However, it is highly unlikely that the 
use of small, slow-moving skiffs or boats to access the small island 
would result in injury, serious injury, or mortality to any marine 
mammal. Typically, the reasons for vessel strikes are fast transit 
speeds, lack of maneuverability, or not seeing the animal because the 
boat is so large. The probability of vessel and marine mammal 
interactions (i.e., vessel strike) occurring during the proposed 
activities is unlikely due to the main vessel's 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. 
Rookeries: The proposed land survey activities would not occur on 
pinniped rookeries. 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 and there are no breeding animals or pups 
concentrated in areas where BLM would conduct the survey. Therefore, we 
do not expect mother and pup separation or crushing of pups during 
flushing.
    Stampede: Because hauled-out animals may move towards the water 
when disturbed, there is the risk of injury if 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.

Anticipated Effects on Marine Mammal Habitat

    We considered these impacts in detail in the Federal Register 
notice of the proposed Authorization (80 FR 21213, April 17, 2015). 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 (i.e., the Alaska Native Claims Settlement Act 
of 1971, as amended (ANCSA; 43 U.S.C. 1601-1624)) and would not use any 
power tools to set the markers.
    While NMFS anticipates that the specified activity may result in 
marine mammals avoiding certain areas due to vessel operations or human 
presence, this impact to habitat is temporary and reversible. NMFS 
considered these as behavioral modification. The main impact associated 
with the proposed activity will be temporarily elevated noise levels 
and the associated direct effects on marine mammals, previously 
discussed in this notice. 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.
    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.

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). 
Applications for incidental take authorizations must include the 
availability and feasibility (economic and technological) of equipment, 
methods, and manner of conducting the activity or other means of 
effecting the least practicable adverse impact on the affected species 
or stock and their habitat 50 CFR 216.104(a)(11).

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

[[Page 34388]]

close approach to avoid being seen by animals.
    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).
    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's proposed measures, NMFS has 
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.

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 the BLM has not modified or 
supplemented 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

[[Page 34389]]

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.

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 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 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 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 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

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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 in the in the Federal Register notice of the proposed 
Authorization (80 FR 21213, April 17, 2015), 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.
    Based on the best available information, NMFS estimates that the 
land 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 appropriate state and federal agencies at 
the conclusion of the survey.

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). 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 Steller 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 proposed 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 
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

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specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the mitigation and monitoring 
measures, NMFS 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 the NMFS Alaska Regional Office 
on the proposed land survey. NMFS (i.e., National Marine Fisheries 
Service, Office of Protected Resources, Permits and Conservation 
Division) also consulted internally with the NMFS Alaska Regional 
Office on the proposed issuance of an Authorization under section 
101(a)(5)(D) of the MMPA.
    In June, 2015, the NMFS Alaska Regional Office Protected Species 
Division issued a Biological Opinion with an Incidental Take Statement 
to us and to BLM which concluded that the issuance of the Authorization 
and the conduct of the land survey activities were not likely to 
jeopardize the continued existence of Steller sea lions. The Biological 
Opinion also concluded that the issuance of the Authorization and the 
conduct of the land survey activities would not affect designated 
critical habitat for Steller sea lions.

National Environmental Policy Act (NEPA)

    NMFS prepared an Environmental Assessment (EA) analyzing the 
potential effects to the human environment from NMFS' issuance of a 
Authorization to BLM for their proposed land survey activities. In June 
2015, NMFS issued a Finding of No Significant Impact (FONSI) on the 
issuance of an Authorization for BLM's proposed land survey activities 
in accordance with section 6.01 of the NOAA Administrative Order 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999). NMFS' EA and FONSI for this 
activity are available upon request (see ADDRESSES).

Authorization

    As a result of these determinations, NMFS issued 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.

    Dated: June 10, 2015.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2015-14700 Filed 6-15-15; 8:45 am]
 BILLING CODE 3510-22-P