[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)]
[Notices]
[Pages 94326-94339]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30785]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE980


Takes of Marine Mammals Incidental to Specified Activities; St. 
George Reef Lighthouse Restoration, Maintenance, and Tour Operations at 
Northwest Seal Rock, Del Norte County, California

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

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

-----------------------------------------------------------------------

SUMMARY: NMFS has received an application from the St. George Reef 
Lighthouse Preservation Society (Society), for an Incidental Harassment 
Authorization (IHA) to take marine mammals, by harassment incidental to 
conducting aircraft operations, lighthouse renovation, light 
maintenance activities, and tour operations on the St. George Reef 
Lighthouse Station on Northwest Seal Rock (NWSR) in the northeast 
Pacific Ocean. The proposed dates for this action would be February 19, 
2017 through February 18, 2018. Pursuant to the Marine Mammal 
Protection Act, NMFS is requesting comments on its proposal to issue an 
IHA to the Society to incidentally take, by Level B harassment only, 
marine mammals during the specified activity.

DATES: NMFS must receive comments and information on or before January 
23, 2017.

ADDRESSES: Comments on the application should be addressed to Jolie 
Harrison, 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]. Comments sent via email to 
[email protected], including all attachments, must not exceed a 25-
megabyte file size.
    Instructions: NMFS may not consider comments if they are sent by 
any other method, to any other to addresses or individual, or received 
after the comment period ends. All comments received are a part of the 
public record and NMFS will post them for public viewing to http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. 
All personal identifying information (e.g., name, address, etc.), 
confidential business information, or otherwise sensitive information 
submitted voluntarily by the commenter is publicly accessible. NMFS 
will accept anonymous comments (enter ``N/A'' in the required fields if 
you wish to remain anonymous).
    An electronic copy of the application may be obtained by writing to 
the address specified above, telephoning the contact listed below (see 
FOR FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.
    The Environmental Assessment (EA) specific to conducting aircraft 
operations, restoration, and maintenance work on the lighthouse is also 
available at the same internet address. Information in the EA and this 
notice collectively provide the environmental information related to 
the proposed issuance of the IHA for public review and comment. The 
public may also view documents cited in this notice, by appointment, 
during regular business hours, at the aforementioned address.

[[Page 94327]]


FOR FURTHER INFORMATION CONTACT: Laura McCue, 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 certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''

Summary of Request

    On October 14, 2016, NMFS received an application from the Society 
for the taking of marine mammals incidental to restoration, 
maintenance, and tour operations at St. George Reef Lighthouse 
(Station) located on Northwest Seal Rock offshore of Crescent City, 
California in the northeast Pacific Ocean. NMFS determined the 
application complete and adequate on December 12, 2016.
    The Society proposes to conduct aircraft operations, lighthouse 
renovation, and periodic maintenance on the Station's optical light 
system on a monthly basis. The proposed activity would occur on a 
monthly basis over one weekend, November through April. The Society 
currently has an IHA that is valid through February 18, 2017. This IHA 
would start on February 19, 2017, to avoid a lapse in authorization, 
and would be valid for one year. The following specific aspects of the 
proposed activities would likely to result in the take of marine 
mammals: Acoustic and visual stimuli from (1) helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g., 
painting, plastering, welding, and glazing); (3) maintenance activities 
(e.g., bulb replacement and automation of the light system); and (4) 
human presence. Thus, NMFS anticipates that take, by Level B harassment 
only, of California sea lions (Zalophus californianus); Pacific harbor 
seals (Phoca vitulina); Steller sea lions (Eumetopias jubatus) of the 
eastern U.S. Stock; and northern fur seals (Callorhinus ursinus) could 
result from the specified activity.

Description of the Specified Activity

Overview

    To date, NMFS has issued five IHAs to the Society for the conduct 
of the same activities from 2010 to 2016 (75 FR 4774, January 29, 2010; 
76 FR 10564, February 25, 2011; 77 FR 8811, February 15, 2012; 79 FR 
6179, February 3, 2014; and 81 FR 9440, February 23, 2016). This is the 
Society's sixth request for an annual IHA as their current IHA will 
expire on February 18, 2017.
    The Station, listed in the National Park Service's National 
Register of Historic Places, is located on NWSR offshore of Crescent 
City, California in the northeast Pacific Ocean. The Station, built in 
1892, rises 45.7 meters (m) (150 feet (ft)) above sea level. The 
structure consists of hundreds of granite blocks topped with a cast 
iron lantern room and covers much of the surface of the islet. The 
purpose of the project is to restore the lighthouse, to conduct tours, 
and to conduct annual and emergency maintenance on the Station's 
optical light system.

Dates and Duration

    The Society proposes to conduct the activities (aircraft 
operations, lighthouse restoration, and maintenance activities) at a 
maximum frequency of one session per month. The proposed duration for 
each session would last no more than three days (e.g., Friday, 
Saturday, and Sunday). The proposed IHA, if issued, would be effective 
from February 19, 2017 through February 18, 2018 with restrictions on 
the Society conducting activities from May 1, 2017 to October 31, 2017. 
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

    The Station is located on a small, rocky islet (41[deg]50'24'' N., 
124[deg]22'06'' W.) approximately 9 kilometers (km) (6.0 miles (mi)) in 
the northeast Pacific Ocean, offshore of Crescent City, California 
(41[deg]46'48'' N.; 124[deg]14'11'' W.). NWSR is approximately 91.4 
meters (m) (300 feet (ft)) in diameter that peaks at 5.18 m (17 ft) 
above mean sea level.

Detailed Description of Activities

Aircraft Operations
    Because NWSR has no safe landing area for boats, the proposed 
restoration activities would require the Society to transport personnel 
and equipment from the California mainland to NWSR by a small 
helicopter. Helicopter landings take place on top of the engine room 
(caisson) which is approximately 15 m (48 ft) above the surface of the 
rocks on NWSR. The landing zone has been relocated nearer the edge of 
the caisson, increasing the distance of the rotor from the lighthouse 
tower by the required footage. The Society plans to charter a Raven R44 
helicopter, owned and operated by Air Shasta Rotor and Wing, LLC. The 
Raven R44, which seats three passengers and one pilot, is a compact-
sized (1134 kilograms (kg), 2500 pounds (lbs)) helicopter with two-
bladed main and tail rotors. Both sets of rotors are fitted with noise-
attenuating blade tip caps that would decrease flyover noise.
    The Society proposes to transport no more than 15 work crew members 
and equipment to NWSR for each session and estimates that each session 
would require no more than 34 helicopter landings/takeoffs per month 
(see below for number per day). During landing, the helicopter would 
land on the caisson to allow the work crew members to disembark and 
retrieve their equipment located in a basket attached to the underside 
of the helicopter. The helicopter would then return to the mainland to 
pick up additional personnel and equipment.
    Proposed schedule: The Society would conduct a maximum of 16 
flights (8 arrivals and eight departures) for the first day. The first 
flight would depart from Crescent City Airport at approximately 9 a.m. 
for a 6-minute flight to NWSR. The helicopter would land and takeoff 
immediately after offloading personnel and equipment every 20 minutes 
(min). The total duration of the first day's aerial operations could 
last for approximately three hours (hrs) and 26 min and would end at 
approximately 12:34 p.m. Crew members would remain overnight at the 
Station and would not return to the mainland on the first day.
    For the second day, the Society would conduct a maximum of 10 
flights (five arrivals and five departures) to transport additional 
materials on and off the islet,

[[Page 94328]]

if needed. The first flight would depart from Crescent City Airport at 
9 a.m. for a 6-min flight to NWSR. The total duration of the second 
day's aerial operations could last up to three hrs. Second-day 
operations are only conducted if needed; flights on the second day do 
not normally occur.
    For the final day of operations, the Society could conduct a 
maximum of eight helicopter flights (four arrivals and four departures) 
to transport the remaining crew members and equipment/material back to 
the Crescent City Airport. The total duration of the third day's 
helicopter operations in support of restoration could last up to two 
hrs and 14 min.

Lighthouse Restoration Activities

    Restoration and maintenance activities would involve the removal of 
peeling paint and plaster, restoration of interior plaster and paint, 
refurbishing structural and decorative metal, reworking original metal 
support beams throughout the lantern room and elsewhere, replacing 
glass as necessary, upgrading the present electrical system; and annual 
light beacon maintenance.

Emergency Light Maintenance

    If the beacon light fails, the Society proposes to send a crew of 
two to three people to the Station by helicopter to repair the beacon 
light. For each emergency repair event, the Society proposes to conduct 
a maximum of four flights (two arrivals and two departures) to 
transport equipment and supplies. The helicopter may remain on site or 
transit back to shore and make a second landing to pick up the repair 
personnel.
    In the case of an emergency repair between May 1, 2016, and October 
31, 2016, the Society would consult with the NMFS' Westcoast Regional 
Office (WRO) biologists to best determine the timing of the trips to 
the lighthouse, on a case-by-case basis, based upon the existing 
environmental conditions and the abundance and distribution of any 
marine mammals present on NWSR. The regional biologists would have 
real-time knowledge regarding the animal use and abundance of the NWSR 
at the time of the repair request and would make a decision regarding 
when the Society could conduct trips to the lighthouse during the 
emergency repair time window that would have the least practicable 
adverse impact to marine mammals. The WRO biologists would also ensure 
that the Society's request for incidental take during emergency repairs 
would not exceed the number of incidental take authorized in the 
proposed IHA.

Sound Sources and Sound Characteristics

    NMFS expects that acoustic stimuli resulting from the proposed 
helicopter operations; noise from maintenance and restoration 
activities; and human presence have the potential to harass marine 
mammals, incidental to the conduct of the proposed activities.
    This section includes a brief explanation of the sound measurements 
frequently used in the discussions of acoustic effects in this notice. 
Sound pressure is the sound force per unit area, and is usually 
measured in micropascals ([mu]Pa), where 1 pascal (Pa) is the pressure 
resulting from a force of one newton exerted over an area of one square 
meter. Sound pressure level (SPL) is the ratio of a measured sound 
pressure and a reference level. The commonly used reference pressure is 
1 [mu]Pa for under water, and the units for SPLs are dB re: 1 [mu]Pa. 
The commonly used reference pressure is 20 [mu]Pa for in air, and the 
units for SPLs are dB re: 20 [mu]Pa.
    SPL (in decibels (dB)) = 20 log (pressure/reference pressure).
    SPL is an instantaneous measurement expressed as the peak, the 
peak-peak, or the root mean square (rms). Root mean square is the 
square root of the arithmetic average of the squared instantaneous 
pressure values. All references to SPL in this document refer to the 
rms unless otherwise noted. SPL does not take into account the duration 
of a sound.

R44 Helicopter Sound Characteristics

    Noise testing performed on the R44 Raven Helicopter, as required 
for Federal Aviation Administration approval, required an overflight at 
150 m (492 ft) above ground level, 109 knots and a maximum gross weight 
of 1,134 kg (2,500 lbs). The noise levels measured on the ground at 
this distance and speed were 81.9 dB re: 20 [mu]Pa (A-weighted) for the 
model R44 Raven I, or 81.0 dB re: 20 [mu]Pa (A-weighted) for the model 
R44 Raven II (NMFS, 2007).
    Based on this information, we expect that the received sound levels 
at the landing area on the Station's caisson would increase above 81-
81.9 dB re: 20 [mu]Pa (A-weighted).

Restoration and Maintenance Sound Characteristics

    Any noise associated with these activities is likely to be from 
light construction (e.g., sanding, hammering, or use of hand drills). 
The Society proposes to confine all restoration activities to the 
existing structure which would occur on the upper levels of the 
Station. Pinnipeds hauled out on NWSR do not have access to the upper 
levels of the Station.

Description of Marine Mammals in the Area of the Specified Activity

    Table 1 provides the following information: All marine mammal 
species with possible or confirmed occurrence in the proposed activity 
area; information on those species' regulatory status under the MMPA 
and the Endangered Species Act (ESA) of 1973 (16 U.S.C. 1531 et seq.); 
abundance; occurrence and seasonality in the activity area. NMFS refers 
the public the draft 2016 NMFS Marine Mammal Stock Assessment Report 
available online at: http://www.nmfs.noaa.gov/pr/sars/ for further 
information on the biology and distribution of these species.

       Table 1--General Information on Marine Mammals That Could Potentially Haul Out on Northwest Seal Rock, November 2015 Through November 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Stock abundance (CV,
                                                                                                        Nmin, most recent              Occurrence and
             Species                             Stock                   Regulatory status \1\ \2\      abundance survey)     PBR        seasonality
                                                                                                               \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus      U.S.                               MMPA--NC ESA--NL..............  296,750 (n/a;          9,200  Year-round presence.
 californianus).                                                                                       153,337; 2011).
Steller sea lion (Eumetopias       Eastern Distinct Population        MMPA--D ESA--DL...............  60,131-74,448 (n/a;    1,645  Year-round presence.
 jubatus).                          Segment.                                                           36,551; 2013).
Pacific harbor seal (Phoca         California.......................  MMPA--NC ESA--NL..............  30,968 (n/a; 27,348;   1,641  Occasional, spring.
 vitulina).                                                                                            2012).

[[Page 94329]]

 
Northern fur seal (Callorhinus     California Breeding..............  MMPA--D ESA--NL...............  14,050 (n/a; 7,524;      451  Rare.
 ursinus).                                                                                             2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2016 draft NMFS Stock Assessment Reports: Carretta et al. (2015) and Muto et al. (2015).

Eastern Distinct Population Segment of Steller Sea Lions

    Steller sea lions consist of two distinct population segments: The 
western and eastern distinct population segments (eDPS and wDPS, 
respectively) divided at 144[deg] West longitude (Cape Suckling, 
Alaska). The western segment of Steller sea lions inhabit central and 
western Gulf of Alaska, Aleutian Islands, as well as coastal waters and 
breed in Asia (e.g., Japan and Russia). The eastern segment includes 
sea lions living in southeast Alaska, British Columbia, California, and 
Oregon. The eDPS 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, with PBR at 1,645 animals (Muto et al., 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.
    The eDPS of Steller sea lions breeds on rookeries located in 
southeast Alaska, British Columbia, Oregon, and California. There are 
no rookeries located in Washington State. Steller sea lions give birth 
in May through July and breeding commences a couple of weeks after 
birth. Pups are weaned during the winter and spring of the following 
year.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (Trujillo et al., 
2004; Hoffman et al., 2006). A northward shift in the overall breeding 
distribution has occurred, with a contraction of the range in southern 
California and new rookeries established in southeastern Alaska 
(Pitcher et al., 2007). Overall, counts of non-pups at trend sites in 
California and Oregon have been relatively stable or increasing slowly 
since the 1980s (Allen and Angliss 2012).
    Steller sea lion numbers at NWSR ranged from 20 to 355 animals (CCR 
2001). Counts of Steller sea lions during the spring (April-May), 
summer (June-August), and fall (September-October), averaged 68, 110, 
and 56, respectively (CCR 2001). A multi-year survey at NWSR between 
2000 and 2004 showed Steller sea lion numbers ranging from 175 to 354 
in July (M. Lowry, NMFS/SWFSC, unpubl. data). The Society presumes that 
winter use of NWSR by Steller sea lion to be minimal, due to inundation 
of the natural portion of the island by large swells.
    For the 2010 season, the Society reported that no Steller sea lions 
were present in the vicinity of NWSR during restoration activities 
(SGRLPS 2010). Based on the monitoring report for the 2011 season, the 
maximum numbers of Steller sea lions present during the April and 
November 2011, work sessions was 2 and 150 animals, respectively 
(SGRLPS 2012). During the 2012 season, the Society did not observe any 
Steller sea lions present on NWSR during restoration activities. The 
Society did not conduct any operations for the 2013-2014, 2014-2015, 
and 2015-2016 seasons.

California Sea Lion

    The estimated population of the U.S. stock of California sea lion 
is approximately 296,750 animals, with PBR at 9,200 individuals, and 
the current maximum population growth rate is 12 percent (Carretta et 
al., 2015).
    California sea lion breeding areas are on islands located in 
southern California, in western Baja California, Mexico, and the Gulf 
of California. During the breeding season, most California sea lions 
inhabit southern California and Mexico. Rookery sites in southern 
California are limited to the San Miguel Islands and the southerly 
Channel Islands of San Nicolas, Santa Barbara, and San Clemente 
(Carretta et al., 2015). Males establish breeding territories during 
May through July on both land and in the water. Females come ashore in 
mid-May and June where they give birth to a single pup approximately 
four to five days after arrival and will nurse pups for about a week 
before going on their first feeding trip. Females will alternate 
feeding trips with nursing bouts until weaning between four and 10 
months of age (Allen and Angliss 2010).
    Adult and juvenile males will migrate as far north as British 
Columbia, Canada while females and pups remain in southern California 
waters in the non-breeding season. In warm water (El Ni[ntilde]o) 
years, some females range as far north as Washington and Oregon, 
presumably following prey.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the Society. They reported 
that counts of California sea lions on NWSR varied greatly (from 6 to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April-May), summer (June-August), and fall (September-October), 
averaged 60, 154, and 235, respectively (CCR 2001).
    The most current counts for the month of July by NMFS (2000 through 
2004) have been relatively low as the total number of California sea 
lions recorded in 2000 and 2003 was three and 11, respectively (M. 
Lowry, NMFS, SWFSC, unpublished data). Based on the monitoring report 
for the 2011 season, the maximum numbers of California sea lions 
present during the April and November, 2011 work sessions was 2 and 160 
animals, respectively (SGRLPS 2012). There were no California sea lions 
present during the March, 2012 work session (SGRLPS 2012).

Northern Fur Seal

    Northern fur seals occur from southern California north to the 
Bering Sea and west to the Sea of Okhotsk and Honshu Island of Japan. 
NMFS

[[Page 94330]]

recognizes two separate stocks of northern fur seals within U.S. 
waters: An Eastern Pacific stock distributed among sites in Alaska, 
British Columbia; and a California stock (including San Miguel Island 
and the Farallon Islands). The estimated population of the California 
stock is 14,050 animals with PBR at 451 animals (Carretta et al., 
2015).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental United States, but individuals 
occasionally come ashore on islands well offshore (i.e., Farallon 
Islands and Channel Islands in California). During the breeding season, 
approximately 45 percent of the worldwide population inhabits the 
Pribilof Islands in the Southern Bering Sea, with the remaining animals 
spread throughout the North Pacific Ocean (Caretta et al., 2015).
    CCR observed one male northern fur seal on Northwest Seal Rock in 
October, 1998 (CCR 2001). It is possible that a few animals may use the 
island more often than indicated by the CCR surveys, if they were 
mistaken for other otariid species (i.e., eared seals or fur seals and 
sea lions) (M. DeAngelis, NMFS, pers.com comm., 2007).
    For the 2010, 2011, and 2012 work seasons, the Society did not 
observe any Northern fur seals present on NWSR during restoration 
activities (SGRLPS 2010; 2011; 2012).

Pacific Harbor Seal

    Harbor seals are widely distributed in the North Atlantic and North 
Pacific. Two subspecies exist in the Pacific: Phoca vitulina stejnegeri 
in the western North Pacific, near Japan, and P. v. richardii in the 
eastern North Pacific. The latter subspecies inhabits coastal and 
estuarine areas from Mexico to Alaska (Carretta et al., 2014) and is 
the only stock present in the action area. Previous assessments of the 
status of harbor seals have recognized three stocks along the west 
coast of the continental U.S.: (1) California, (2) Oregon and 
Washington outer coast waters, and (3) inland waters of Washington; 
however, the exact placement of the boundary was arbitrary. The 
estimated population of the California stock of Pacific harbor seals is 
approximately 30,968 animals, with PBR at 1,641 animals (Carretta et 
al., 2015).
    In California, over 500 harbor seal haul out sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Females nurse their 
pups for an average of 24 days and pups are ready to swim minutes after 
being born. Harbor seal pupping takes place at many locations and 
rookery size varies from a few pups to many hundreds of pups. The 
nearest harbor seal rookery relative to the proposed project site is at 
Castle Rock National Wildlife Refuge, located approximately located 965 
m (0.6 mi) south of Point St. George, and 2.4 km (1.5 mi) north of the 
Crescent City Harbor in Del Norte County, California (USFWS, 2007).
    CCR noted that harbor seal use of NWSR was minimal, with only one 
sighting of a group of 6 animals, during 20 observation surveys. They 
hypothesized that harbor seals may avoid the islet because of its 
distance from shore, relatively steep topography, and full exposure to 
rough and frequently turbulent sea swells. For the 2010 and 2011 
seasons, the Society did not observe any Pacific harbor seals present 
on NWSR during restoration activities (SGRLPS 2010; 2011). During the 
2012 season, the Society reported sighting a total of two harbor seals 
present on NWSR (SGRLPS 2012).

Other Marine Mammals in the Proposed Action Area

    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the ESA and categorized as depleted under the MMPA, 
usually range in coastal waters within 2 km (1.2 mi) of the mainland 
shoreline. Neither CCR nor the Society has encountered California sea 
otters on NWSR during the course of the four-year wildlife study (CCR 
2001; SGRLPS 2010; 2011; 2012) nor has the Society encountered this 
species during the course of the previous five IHAs. The U.S. Fish and 
Wildlife Service (USFWS) manages the sea otter and NMFS will not 
consider this species further in this notice.

Potential Effects of the Specified Activities on Marine Mammals and 
Their Habitat

    This section includes a summary and discussion of the ways that 
components (e.g., personnel presence) of the specified activity, 
including mitigation, may impact marine mammals and their habitat. The 
Estimated Take by Incidental Harassment section later in this document 
will include a quantitative analysis of the number of individuals that 
are expected to be taken during this activity. The Negligible Impact 
Analysis section will include the analysis of how this specific 
activity would impact marine mammals and will consider the content of 
this section, the Estimated Take by Incidental Harassment section, and 
the Proposed Mitigation section 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.
    Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) restoration activities (e.g., painting, plastering, 
welding, and glazing); (3) maintenance activities (e.g., bulb 
replacement and automation of the light system); and (4) human presence 
may have the potential to cause behavioral disturbance.

Aircraft Presence and Noise

    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the engine of the aircraft (Born et al., 
1999; Richardson et al., 1995). Data on underwater TTS-onset in 
pinnipeds exposed to pulses are limited to a single study which exposed 
two California sea lions to single underwater pulses from an arc-gap 
transducer and found no measurable TTS following exposures up to 183 dB 
re: 1 [mu]Pa (peak-to-peak) (Finneran et al., 2003).
    Researchers have demonstrated temporary threshold shift (TTS) in 
certain captive odontocetes and pinnipeds exposed to strong sounds 
(reviewed in Southall et al., 2007). In 2004, researchers measured 
auditory fatigue to airborne sound in harbor seals, California sea 
lions, and Northern elephant seals after exposure to non-pulse noise 
for 25 minutes (Kastak et al., 2004). In the study, the harbor seal 
experienced approximately 6 dB of temporary threshold shift (TTS) at 99 
dB re: 20 [mu]Pa. The authors identified onset of TTS in the California 
sea lion at 122 dB re: 20 [mu]Pa. The northern elephant seal 
experienced TTS-onset at 121 dB re: 20 [mu]Pa (Kastak et al., 2004).
    There is a dearth of information on acoustic effects of helicopter 
overflights on pinniped hearing and communication (Richardson et al., 
1995) and to NMFS' knowledge, there has been no specific documentation 
of TTS, let alone permanent threshold shift (PTS), in free-ranging 
pinnipeds exposed to helicopter operations during realistic field 
conditions (Baker et al., 2012; Scheidat et al., 2011).
    In 2008, NMFS issued an IHA to the USFWS for the take of small 
numbers of Steller sea lions and Pacific harbor

[[Page 94331]]

seals, incidental to rodent eradication activities on an islet offshore 
of Rat Island, AK, conducted by helicopter. The 15-minute aerial 
treatment consisted of the helicopter slowly approaching the islet at 
an elevation of over 1,000 ft (304.8 m); gradually decreasing altitude 
in slow circles; and applying the rodenticide in a single pass and 
returning to Rat Island. The gradual and deliberate approach to the 
islet resulted in the sea lions present initially becoming aware of the 
helicopter and calmly moving into the water. Further, the USFWS 
reported that all responses fell well within the range of Level B 
harassment (i.e., limited, short-term displacement resulting from 
aircraft noise due to helicopter overflights).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haul out areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Per 
Richardson et al. (1995), approaching aircraft generally flush animals 
into the water and noise from a helicopter is typically directed down 
in a ``cone'' underneath the aircraft.
    It is likely that the initial helicopter approach to NWSR would 
cause a subset, or all of the marine mammals hauled out to depart the 
rock and flush into the water. The physical presence of aircraft could 
also lead to non-auditory effects on marine mammals involving visual or 
other cues. Airborne sound from a low-flying helicopter or airplane may 
be heard by marine mammals while at the surface or underwater. In 
general, helicopters tend to be noisier than fixed wing aircraft of 
similar size and underwater sounds from aircraft are strongest just 
below the surface and directly under the aircraft. Noise from aircraft 
would not be expected to cause direct physical effects, but have the 
potential to affect behavior. The primary factor that may influence 
abrupt movements of animals is engine noise, specifically changes in 
engine noise. Responses by mammals could include hasty dives or turns, 
change in course, or flushing and stampeding from a haul out site. 
There are few well documented studies of the impacts of aircraft 
overflight over pinniped haul out sites or rookeries, and many of those 
that exist, are specific to military activities (Efroymson et al., 
2001).
    Several factors complicate the analysis of long- and short-term 
effects for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAEL) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and harbor seals observed on 
San Miguel Island, CA; animals responded to some degree by moving 
within the haul out and entering into the water, stampeding into the 
water, or clearing the haul out completely. Both species always 
responded with the raising of their heads. California sea lions 
appeared to react more to the visual cue of the helicopter than the 
noise.
    If pinnipeds are present on NWSR, it is likely that a helicopter 
landing at the Station would cause some number of the pinnipeds on NWSR 
to flush; however, when present, they appear to show rapid habituation 
to helicopter landing and departure (CCR, 2001; Guy Towers, SGRLPS, 
pers.com.). According to the CCR Report (2001), while up to 40 percent 
of the California and Steller sea lions present on NWSR have been 
observed to enter the water on the first of a series of helicopter 
landings, as few as zero percent have flushed on subsequent landings on 
the same date. In fact, the Society reported that during the November 
2011 work session, Steller sea lions and California sea lions exhibited 
minimal ingress and egress from NWSR during helicopter approaches and 
departures (SGRLPS, 2011).

Human Presence

    The appearance of Society personnel may have the potential to cause 
Level B harassment of marine mammals 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 Society's 
restoration personnel (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 two body lengths to longer retreats over the beach, 
or if already moving, a change of direction of greater than 90 degrees 
in response to the presence of surveyors, or pinnipeds that flush into 
the water, are behaviorally harassed, and thus subject to Level B 
taking. NMFS uses a 3-point scale (Table 2) to determine which 
disturbance reactions constitute take under the MMPA. Levels two and 
three (movement and flush) are considered take, whereas level one 
(alert) is not. Animals that respond to the presence of the Society's 
restoration personnel 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.

  Table 2--Disturbance Scale of Pinniped Responses to In-Air Sources To
                             Determine Take
------------------------------------------------------------------------
         Level            Type of response            Definition
------------------------------------------------------------------------
1......................  Alert.............  Seal head orientation or
                                              brief movement 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, changing from a
                                              lying to a sitting
                                              position, or brief
                                              movement of less than
                                              twice the animal's body
                                              length.
2 *....................  Movement..........  Movements in response to
                                              the source of disturbance,
                                              ranging from short
                                              withdrawals at least twice
                                              the animal's body length
                                              to longer retreats over
                                              the beach, or if already
                                              moving a change of
                                              direction of greater than
                                              90 degrees.

[[Page 94332]]

 
3 *....................  Flush.............  All retreats (flushes) to
                                              the water.
------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take, whereas Level 1 is not.

    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; Southall et al., 
2007; Weilgart 2007). These behavioral reactions from marine mammals 
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; and Kucey and Trites, 2006). Numerous 
studies have shown that human activity can flush harbor seals off haul 
out sites (Allen et al., 1984; Calambokidis et al., 1991; Suryan and 
Harvey 1999; and Mortenson et al., 2000) or lead Hawaiian monk seals 
(Neomonachus schauinslandi) to avoid 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 (Acevedo, 1991; Trites 
and Bain, 2000; Williams et al., 2002; Constantine et al., 2003), 
reduced blow interval (Richter 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 haul out behavior in Metis 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 and canoes which approach slowly, quietly, and low on 
the 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 haul out behavior 
of harbor seals in the Metis Bay area.
    In 2004, Acevedo-Gutierrez and Johnson (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haul out 
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 haul out 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-pulsed sounds 
often leave haul out areas and seek refuge temporarily (minutes to a 
few hours) in the water (Southall et al., 2007).

Stampede

    There are other ways in which disturbance, as described previously, 
could result in more than Level B harassment of marine mammals. They 
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. These 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 NWSR. There is the risk of injury if animals stampede 
towards shorelines with precipitous relief (e.g., cliffs). However, 
there are no cliffs on NWSR. The haul out 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, further 
eliminating the possibility of potentially injurious mass movements of 
animals attempting to vacate the haul out. 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

    The only habitat modification associated with the proposed activity 
is

[[Page 94333]]

the restoration of a light station which would occur on the upper 
levels of Northwest Seal Rock which are not used by marine mammals. 
Thus, NMFS does not expect that the proposed activity would have any 
effects on marine mammal habitat and NMFS expects that there will be no 
long- or short-term physical impacts to pinniped habitat on NWSR.
    The Society would remove all waste, discarded materials and 
equipment from the island after each visit. The proposed activities 
will not result in any permanent impact on habitats used by marine 
mammals, including prey species and foraging habitat. The main impact 
associated with the proposed activity will be temporarily elevated 
noise levels and the associated direct effects on marine mammals (i.e., 
the potential for temporary abandonment of the site), previously 
discussed in this notice.
    NMFS does not anticipate that the proposed restoration activities 
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 IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses. NMFS regulations require applicants for incidental 
take authorizations to include information about the availability and 
feasibility (economic and technological) of equipment, methods, and 
manner of conducting such activity or other means of effecting the 
least practicable adverse impact upon the affected species or stocks, 
their habitat (50 CFR 216.104(a)(11)).
    Time and Frequency: The Society would conduct restoration 
activities at maximum of once per month over the course of the year, 
with the exception of between May 1, 2017 through October 31, 2017. 
Each restoration session would last no more than three days. 
Maintenance of the light beacon would occur only in conjunction with 
restoration activities.
    Helicopter Approach and Timing Techniques: The Society would ensure 
that its helicopter approach patterns to the Station and timing 
techniques would be conducted at times when marine mammals are less 
likely to be disturbed. To the extent possible, the helicopter should 
approach NWSR when the tide is too high for the marine mammals to haul 
out on NWSR. Additionally, since the most severe impacts (stampede) 
precede rapid and direct helicopter approaches, the Society's initial 
approach to the Station must be offshore from the island at a 
relatively high altitude (e.g., 800-1,000 ft, or 244-305 m). Before the 
final approach, the helicopter shall circle lower, and approach from 
area with the lowest pinniped density. If for any safety reasons (e.g., 
wind condition) the Society cannot conduct these types of helicopter 
approach and timing techniques, they must postpone the restoration and 
maintenance activities for that day.
    Avoidance of Visual and Acoustic Contact with People on Island: The 
Society would instruct its members and restoration crews to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the Station. Although CCR reported no 
impacts from these activities in the 2001 CCR study, it is relatively 
simple for the Society to avoid this potential impact. The door to the 
lower platform shall remain closed and barricaded to all tourists and 
other personnel since the lower platform is used at times by pinnipeds.

Mitigation Conclusions

    NMFS has carefully evaluated the Society'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 the Society's 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 IHAs must include the suggested means of 
accomplishing the necessary monitoring and reporting that will result

[[Page 94334]]

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.
    The Society submitted a marine mammal monitoring plan in Section 13 
of their IHA application. NMFS or the Society 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 IHA application, the Society 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 IHA. These include:
    A NMFS approved, experienced biologist will be present on the first 
flight of each day of activity. This observer will be able to identify 
all species of pinnipeds expected to use the island, and qualified to 
determine age and sex classes when viewing conditions allow. The 
observer would record data including species counts, numbers of 
observed disturbances, and descriptions of the disturbance behaviors 
during the activities, including location, date, and time of the event. 
In addition, the Society would record observations regarding the number 
and species of any marine mammals either observed in the water or 
hauled out.
    Aerial photographic surveys may provide the most accurate means of 
documenting species composition, age and sex class of pinnipeds using 
the project site during human activity periods. The Society should 
complete aerial photo coverage of the island from the same helicopter 
used to transport the Society's personnel to the island during 
restoration trips. The Society would take photographs of all marine 
mammals hauled out on the island at an altitude greater than 300 m (984 
ft) by a skilled photographer, on the first flight of each day of 
activities. These photographs will be forwarded to a biologist capable 
of discerning marine mammal species. Data shall be provided to us in 
the form of a report with a data table, any other significant 
observations related to marine mammals, and a report of restoration 
activities (see Reporting). The original photographs can be made 
available to us or other marine mammal experts for inspection and 
further analysis.
    Proposed monitoring requirements in relation to the Society's 
proposed activities would include species counts, numbers of observed 
disturbances, and descriptions of the disturbance behaviors during the 
restoration activities, including location, date, and time of the 
event. In addition, the Society would record observations regarding the 
number and species of any marine mammals either observed in the water 
or hauled out.
    The Society 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 
Society's activities, the Society 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.

Summary of Previous Monitoring

    The Society complied with the mitigation and monitoring required 
under the previous authorizations (2010-2012). They did not conduct any 
operations for the 2013-2016 seasons. However, in compliance with the 
2012 Authorization, the Society submitted a final report on the 
activities at the Station, covering the period of February 15, 2012 
through April 30, 2012. During the effective dates of the 2012 IHA, the 
Society conducted one work session in March, 2012. The Society's 
aircraft operations and restoration activities on NWSR did not exceed 
the activity levels analyzed under the 2012 authorization. During the 
March 2012 work session, the Society observed two harbor seals hauled 
out on NWSR. Both animals (a juvenile and an adult) departed the rock, 
entered the water, and did not return to the Station during the 
duration of the activities.

Proposed Reporting

    The Society would submit a draft report to NMFS' Office of 
Protected Resources no later than 90 days after the expiration of the 
proposed IHA, if issued. The report will include a summary of the 
information gathered pursuant to the monitoring requirements set forth 
in the proposed IHA. The Society will submit a final report to the NMFS 
within 30 days after

[[Page 94335]]

receiving comments from NMFS on the draft report. If the Society 
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 Society's activities.
    4. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA 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., stampede), Society personnel shall immediately 
cease the specified activities and immediately report the incident to 
the Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Assistant Westcoast Regional Stranding 
Coordinator. 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).
    The Society shall not resume its activities until NMFS is able to 
review the circumstances of the prohibited take. We will work with the 
Society to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The Society may not 
resume their activities until notified by us via letter, email, or 
telephone.
    In the event that the Society 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), the Society will immediately report the incident to the 
Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Assistant Westcoast Regional Stranding 
Coordinator. 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 the 
Society to determine whether modifications in the activities are 
appropriate.
    In the event that the Society 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), the Society will report the 
incident to the Chief, Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the Assistant Westcoast Regional 
Stranding Coordinator within 24 hours of the discovery. Society 
personnel will provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting to us. The Society 
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 Society personnel could disturb of animals hauled out on 
NWSR and that the animals may alter their behavior or attempt to move 
away from the Society's personnel.
    As discussed earlier, NMFS assumes that pinnipeds that move greater 
than two body lengths to longer retreats over the beach, or if already 
moving, a change of direction of greater than 90 degrees in response to 
the presence of surveyors, or pinnipeds that flush into the water, are 
behaviorally harassed, and thus subject to Level B taking (Table 2).
    Based on the Society's previous monitoring reports, NMFS estimates 
that approximately 2880 California sea lions (calculated by multiplying 
the maximum number California sea lions present on NWSR (160) by 18 
days of the restoration and maintenance activities), 2700 Steller sea 
lions (NMFS' estimate of the maximum number of Steller sea lions that 
could be present on NWSR (150) by 18 days of activity), 108 Pacific 
harbor seals (calculated by multiplying the maximum number of harbor 
seals present on NWSR (6) by 18 days), and 18 Northern fur seals 
(calculated by multiplying the maximum number of northern fur seals 
present on NWSR (1) by 18 days) could be potentially affected by Level 
B behavioral harassment over the course of the IHA. NMFS bases these 
estimates of the numbers of marine mammals that might be affected on 
consideration of the number of marine mammals that could be disturbed 
appreciably by approximately 51 hours of aircraft operations during the 
course of the activity. These incidental harassment take numbers 
represent less than one percent of the affected stocks of California 
sea lions, Pacific harbor seals, and Northern fur seals, and less than 
five percent of the stock of Steller sea lions (Table 3). 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.

[[Page 94336]]



                  Table 3--The Percentage of Stock Affected by the Number of Takes per Species
----------------------------------------------------------------------------------------------------------------
                       Species                          Take number       Stock abundance       Percent of stock
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus californianus)........           2,880                  296,750              0.975
Steller sea lion (Eumetopias jubatus)...............           2,790            60,131-74,448          4.64-3.75
Pacific harbor seal (Phoca vitulina)................              36                   30,968               0.35
Northern fur seal (Callorhinus ursinus).............              18                   14,050                .12
----------------------------------------------------------------------------------------------------------------

    Because of the required mitigation measures and the likelihood that 
some pinnipeds will avoid the area, NMFS does not expect any injury or 
mortality to pinnipeds to occur and NMFS has not authorized take by 
Level A harassment for this proposed activity.

Encouraging and Coordinating Research

    The Society 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 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 the Society's survey activities may disturb a small number 
of marine mammals hauled out on NWSR, NMFS expects those impacts to 
occur to a small, localized group of animals for a limited duration 
(e.g., six hours in one day). Marine mammals would likely become alert 
or, at most, flush into the water in reaction to the presence of the 
Society's personnel during the proposed activities. Disturbance will be 
limited to a short duration, allowing marine mammals to reoccupy NWSR 
within a short amount of time. Thus, the proposed action is unlikely to 
result in long-term impacts such as permanent abandonment of the area 
because of the availability of alternate areas for pinnipeds to avoid 
the resultant acoustic and visual disturbances from the restoration 
activities and helicopter operations. Results from previous monitoring 
reports also show that the pinnipeds returned to NWSR and did not 
permanently abandon haul out sites after the Society conducted their 
activities.
    The Society's activities would occur during the least sensitive 
time (e.g., November through April, outside of the pupping season) for 
hauled out pinnipeds on NWSR. Thus, pups or breeding adults would not 
be present during the proposed activity days.
    Moreover, the Society's mitigation measures regarding helicopter 
approaches and restoration 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.
    Any noise attributed to the Society's proposed helicopter 
operations on NWSR would be short-term (approximately six min per 
trip). We would expect the ambient noise levels to return to a baseline 
state when helicopter operations have ceased for the day. As the 
helicopter landings take place 15 m (48 ft) above the surface of the 
rocks on NWSR, NMFS presumes that the received sound levels would 
increase above 81-81.9 dB re: 20 [mu]Pa (A-weighted) at the landing 
pad. However, we do not expect that the increased received levels of 
sound from the helicopter would cause TTS or PTS because the pinnipeds 
would flush before the helicopter approached NWSR; thus increasing the 
distance between the pinnipeds and the received sound levels on NWSR 
during the proposed action.
    If pinnipeds are present on NWSR, Level B behavioral harassment of 
pinnipeds may occur during helicopter landing and takeoff from NWSR due 
to the pinnipeds temporarily moving from the rocks and lower structure 
of the Station into the sea due to the noise and appearance of 
helicopter during approaches and departures. It is expected that all or 
a portion of the marine mammals hauled out on the island will depart 
the rock and slowly move into the water upon initial helicopter 
approaches. The movement to the water would be gradual due to the 
required controlled helicopter approaches (see Proposed Mitigation for 
more details), the small size of the aircraft, the use of noise-
attenuating blade tip caps on the rotors, and behavioral habituation on 
the part of the animals as helicopter trips continue throughout the 
day. During the sessions of helicopter activity, if present on NWSR, 
some animals may be temporarily displaced from the island and either 
raft in the water or relocate to other haul outs.
    Sea lions have shown habituation to helicopter flights within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrival/departures within a short time period, we expect animals 
present to show less response to subsequent landings. NMFS anticipates 
no impact on the population size or breeding stock of Steller sea 
lions, California sea lions, Pacific harbor seals, or Northern fur 
seals.
    In summary, NMFS anticipates that impacts to hauled-out pinnipeds 
during the Society's proposed helicopter operations and restoration/
maintenance activities would be behavioral harassment of limited 
duration (i.e., less than three days a month) and limited intensity 
(i.e., temporary flushing at most). NMFS does not expect stampeding, 
and therefore injury or mortality to occur (see Proposed 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 the Society's proposed survey activities 
will have a negligible impact on the affected marine mammal species or 
stocks.

[[Page 94337]]

Small Numbers

    As mentioned previously, NMFS estimates that the Society's proposed 
activities could potentially affect, by Level B harassment only, four 
species of marine mammal under our jurisdiction. For each species, 
these estimates are small numbers (less than one percent of the 
affected stocks of California sea lions, Pacific harbor seals, and 
Northern fur seals, and less than five percent of the stock of Steller 
sea lions) relative to the population size (Table 3).
    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 the Society'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. 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)

    NMFS does not expect that the Society's proposed helicopter 
operations and restoration/maintenance activities would affect any 
species listed under the ESA. Therefore, NMFS has determined that a 
Section 7 consultation under the ESA is not required.

National Environmental Policy Act (NEPA)

    To meet our NEPA requirements for the issuance of an IHA to the 
Society, NMFS has prepared an EA specific to conducting aircraft 
operations and restoration and maintenance work on the St. George Reef 
Light Station. The EA, titled ``Issuance of an Incidental Harassment 
Authorization to Take Marine Mammals by Harassment Incidental to 
Conducting Aircraft Operations, Lighthouse Restoration and Maintenance 
Activities, and Tour Operations on St. George Reef Lighthouse Station 
in Del Norte County, California,'' evaluated the impacts on the human 
environment of our authorization of incidental Level B harassment 
resulting from the specified activity in the specified geographic 
region. An electronic copy of the EA and the Finding of No Significant 
Impact (FONSI) for this activity is available on the Web site at: 
http://www.nmfs.noaa.gov/pr/permits/incidental/research.html.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes 
issuing an IHA to the Society for conducting helicopter operations and 
maintenance and restoration activities on the St. George Lighthouse 
Station in the northeast Pacific Ocean, February 19, 2017 through 
February 18, 2018, provided they incorporate the previously mentioned 
mitigation, monitoring, and reporting requirements.

Draft Proposed Authorization

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

Proposed Authorization Language

    The St. George Reef Lighthouse Preservation Society (Society), P.O. 
Box 577, Crescent City, CA 95531, is hereby authorized under section 
101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 
1371(a)(5)(D)) and 50 CFR 216.107, to harass marine mammals incidental 
to conducting helicopter operations and restoration and maintenance 
work on the St. George Reef Light Station (Station) on Northwest Seal 
Rock (NWSR) in the Northeast Pacific Ocean.
    1. This Incidental Harassment Authorization (IHA) is valid from 
February 19, 2017 through February 18, 2018. The Society may not 
conduct operations from May 1, 2017 through October 31, 2017.
    2. This IHA is valid only for activities associated with helicopter 
operations, lighthouse restoration and maintenance activities, and 
human presence (See items 2(a)-(d)) on the Station on NWSR 
(41[deg]50'24'' N., 124[deg]22'06'' W.) in the Northeast Pacific Ocean.
    a. The use of a small, compact, 4-person helicopter with two-bladed 
main and tail rotors fitted with noise-attenuating blade tip caps to 
transit to and from NWSR;
    b. Restoration activities (e.g., painting, plastering, welding, and 
glazing) conducted on the Station;
    c. Maintenance activities (e.g., bulb replacement and automation of 
the light system) conducted on the Station; and
    d. Emergency repair events (e.g., the failure of the PATON beacon 
light) outside of the three-day work session.
    e. Human presence.
3. General Conditions
    a. A copy of this IHA must be in the possession of the Society, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    b. The species authorized for taking are the California sea lion 
(Zalophus californianus), Pacific Harbor seal (Phoca vitulina), the 
eastern Distinct Population Segment of Steller sea lion (Eumetopias 
jubatus), and the eastern Pacific stock of northern fur seal 
(Callorhinus ursinus).
    c. The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b). Authorized take: California sea lion 
(2880); Steller sea lion (2790); Pacific harbor seal (36); and northern 
fur seal (18).
    d. The taking by Level A harassment, injury or death of any of the 
species listed in item 3(b) of the IHA or the taking by harassment, 
injury or death of any other species of marine mammal is prohibited and 
may result in the modification, suspension, or revocation of this IHA.
    e. In the case of an emergency repair event (i.e., failure of the 
PATON beacon light) between May 1, 2017 through October 31, 2017, the 
Society will consult with the ARA, Westcoast Region, NMFS, to best 
determine the timing of an emergency repair trip to the Station.
    a. The Westcoast Region NMFS marine mammal biologist will make a 
decision regarding when the Society can schedule helicopter trips to 
the NWSR during the emergency repair time window and will ensure that 
such operations will have the least practicable adverse impact to 
marine mammals.
    b. The ARA, Westcoast Region, NMFS will also ensure that the 
Society's request for incidental take during an emergency repair event 
would not exceed the number of incidental take authorized in this IHA.
4. Cooperation
    The holder of this IHA is required to cooperate with the NMFS and 
any other Federal, state, or local agency authorized to monitor the 
impacts of the activity on marine mammals.
5. Mitigation Measures
    In order to ensure the least practicable impact on the species 
listed in condition 3(b), the holder of this IHA is required to:
    a. Conduct restoration and maintenance activities at the Station at 
a maximum of one session per month between February 19, 2017 and 
February 18, 2018. Each restoration session will be no more than three 
days in duration. Maintenance of the light beacon will occur only in 
conjunction with the monthly restoration activities.

[[Page 94338]]

    b. Ensure that helicopter approach patterns to the NWSR will be 
such that the timing techniques are least disturbing to marine mammals. 
To the extent possible, the helicopter should approach NWSR when the 
tide is too high for the marine mammals to haul out on NWSR.
    c. Avoid rapid and direct approaches by the helicopter to the 
station by approaching NWSR at a relatively high altitude (e.g., 800-
1,000 ft; 244-305 m). Before the final approach, the helicopter shall 
circle lower, and approach from area where the density of pinnipeds is 
the lowest. If for any safety reasons (e.g., wind conditions or 
visibility) such helicopter approach and timing techniques cannot be 
achieved, the Society must abort the restoration and maintenance 
session for that day.
    d. Provide instructions to the Society's members, the restoration 
crew, and if applicable, to tourists, on appropriate conduct when in 
the vicinity of hauled-out marine mammals. The Society's members, the 
restoration crew, and if applicable, tourists, will avoid making 
unnecessary noise while on NWSR and must not view pinnipeds around the 
base of the Station.
    e. Ensure that the door to the Station's lower platform shall 
remain closed and barricaded at all times.
6. Monitoring
    The holder of this IHA is required to:
    a. Have a NMFS-approved experienced biologist will be present on 
the first flight of each day of activities.
    b. Record the date, time, and location (or closest point of 
ingress) of each visit to the NWSR.
    c. Collect the following information for each visit:
    i. Information on the numbers (by species) of marine mammals 
observed during the activities;
    ii. The estimated number of marine mammals (by species) that may 
have been harassed during the activities;
    iii. Any behavioral responses or modifications of behaviors that 
may be attributed to the specific activities (e.g., flushing into 
water, becoming alert and moving, rafting); and
    iv. Information on the weather, including the tidal state and 
horizontal visibility.
    d. Employ a skilled, aerial photographer to document marine mammals 
hauled out on NWSR.
    i. The photographer will complete a photographic survey of NWSR 
using the same helicopter that will transport Society personnel to the 
island during restoration trips.
    ii. Photographs of all marine mammals hauled-out on the island 
shall be taken at an altitude greater than 300 m (984 ft) during the 
first arrival flight to NWSR.
    iii. The Society and/or its designees will forward the photographs 
to a biologist capable of discerning marine mammal species. The Society 
shall provide the data to us in the form of a report with a data table, 
any other significant observations related to marine mammals, and a 
report of restoration activities (see Reporting). The Society will make 
available the original photographs to NMFS or to other marine mammal 
experts for inspection and further analysis.
7. Reporting Requirements
    Final Report: The holder of this IHA is required to submit a draft 
monitoring report to the Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, 13th 
Floor, Silver Spring, MD 20910, no later than 90 days after the project 
is completed. The report must contain the following information:
    a. A summary of the dates, times, and weather during all helicopter 
operations, restoration, and maintenance activities.
    b. Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    c. An estimate of the number (by species) of marine mammals that 
are known to have been exposed to visual and acoustic stimuli 
associated with the helicopter operations, restoration, and maintenance 
activities.
    d. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
8. Reporting Prohibited Take
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the IHA 
(if issued), such as an injury (Level A harassment), serious injury, or 
mortality (e.g., stampede, etc.), the Society shall immediately cease 
the specified activities and immediately report the incident to the 
Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Assistant Westcoast Regional Stranding 
Coordinator.
    The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     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).
    The Society shall not resume its activities until we are able to 
review the circumstances of the prohibited take. We shall work with the 
Society to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure Marine Mammal Protection Act 
compliance. The Society may not resume their activities until notified 
by us via letter, email, or telephone.
9. Reporting an Injured or Dead Marine Mammal With an Unknown Cause of 
Death
    In the event that the Society discovers an injured or dead marine 
mammal, and the 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), the Society will immediately report the incident to the 
Chief, Permits and Conservation Division, Office of Protected 
Resources, and the Assistant Westcoast Regional Stranding Coordinator. 
The report must include the same information identified in the 
paragraph above this section. Activities may continue while we review 
the circumstances of the incident. We will work with the Society to 
determine whether modifications in the activities are appropriate.
    The report must include the same information identified in the 
paragraph above. Activities may continue while we review the 
circumstances of the incident. We will work with the Society to 
determine whether modifications in the activities are appropriate.
10. Reporting an Injured or Dead Marine Mammal Not Related to the 
Society's Activities
    In the event that the Society 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

[[Page 94339]]

animal, carcass with moderate to advanced decomposition, or scavenger 
damage), the Society will report the incident to the Chief, Permits and 
Conservation Division, Office of Protected Resources, and the Assistant 
Westcoast Regional Stranding Coordinator, within 24 hours of the 
discovery.
    The Society's staff will provide photographs or video footage (if 
available) or other documentation of the stranded animal sighting to 
us.
11. This IHA may be modified, suspended or withdrawn if the holder 
fails to abide by the conditions prescribed herein, or if the 
authorized taking is having a more than a negligible impact on the 
species or stock of affected marine mammals.

Request for Public Comments

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

    Dated: December 16, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-30785 Filed 12-22-16; 8:45 am]
BILLING CODE 3510-22-P