[Federal Register Volume 82, Number 32 (Friday, February 17, 2017)]
[Notices]
[Pages 11005-11011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-03233]


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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; Issuance of an Incidental Harassment Authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that we have issued an incidental harassment authorization (IHA) to the 
St. George Reef Lighthouse Preservation Society (Society) to 
incidentally harass, by Level B harassment only, marine mammals during 
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, 
off Del Norte County, California.

DATES: This Authorization is effective from February 19, 2017 through 
February 18, 2018.
    National Environmental Policy Act (NEPA): NMFS prepared an 
Environmental Assessment (EA) and analyzed the potential impacts to 
marine mammals that would result from the Society's activities. A 
Finding of No Significant Impact (FONSI) was signed in February 2017. A 
copy of the EA and FONSI is available on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/research.html.

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 NWSR offshore of Crescent City, California in the 
northeast Pacific Ocean. NMFS determined the application complete and 
adequate on December 12, 2016.
    The Society plans to conduct aircraft operations, lighthouse 
renovation, and periodic maintenance on the Station's optical light 
system on a monthly basis. The planned activity will 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 will start 
on February 19, 2017, to avoid a lapse in authorization, and will be 
valid for one year. The following specific aspects of the planned 
activities would be 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

[[Page 11006]]

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 plans to conduct the activities (aircraft operations, 
lighthouse restoration, and maintenance activities) at a maximum 
frequency of one session per month. The duration for each session will 
last no more than three days (e.g., Friday, Saturday, and Sunday). The 
IHA will 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 planned 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 m 
(300 ft) in diameter that peaks at 5.18 m (17 ft) above mean sea level.

Detailed Description of Activities

    A detailed description of the Society's project is provided in the 
Federal Register notice for the proposed IHA (81 FR 94326; December 23, 
2016). Since that time, no changes have been made to the Society's 
planned activities. Therefore, a detailed description is not provided 
here. Please refer to that Federal Register notice for the description 
of the specific activity.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to the Society was 
published in the Federal Register on December 23, 2016 (81 FR 94326). 
That notice described, in detail, the Society's activities, the marine 
mammal species that may be affected by the activities, and the 
anticipated effects on marine mammals. During the 30-day public comment 
period, NMFS received comments from the Marine Mammal Commission and 
one private citizen. The Marine Mammal Commission recommended that NMFS 
issue the IHA, subject to inclusion of the proposed mitigation, 
monitoring, and reporting measures.

Sound Sources and Sound Characteristics

    NMFS expects that acoustic stimuli resulting from the helicopter 
operations; noise from maintenance and restoration activities; and 
human presence have the potential to harass marine mammals, incidental 
to the conduct of the planned activities. A detailed description of the 
sound sources and sound characteristics were provided in the Federal 
Register notice for the proposed IHA (81 FR 94326; December 23, 2016). 
Please refer to the Federal Register notice for more information.

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 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 to 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,
               Species                         Stock                 Regulatory status 1 2           Nmin, most recent      PBR       Occurrence and
                                                                                                   abundance survey) \3\                seasonality
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus         U.S....................  MMPA--NC.........................  296,750 (n/a; 153,337;   9,200  Year-round presence.
 californianus).                                               ESA--NL..........................   2011).
Steller sea lion (Eumetopias          Eastern Distinct         MMPA--D ESA--DL..................  60,131--74,448 (n/a;     1,645  Year-round presence.
 jubatus).                             Population Segment.                                         36,551; 2013).
Pacific harbor seal (Phoca vitulina)  California.............  MMPA--NC.........................  30,968 (n/a; 27,348;     1,641  Occasional, spring.
                                                               ESA--NL..........................   2012).
Northern fur seal (Callorhinus        California Breeding....  MMPA--D..........................  14,050 (n/a; 7,524;        451  Rare.
 ursinus).                                                     ESA--NL..........................   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).

    A detailed description of the of the species likely to be affected 
by the Society's activities, including brief introductions to the 
species and relevant stocks as well as available information regarding 
population trends and threats, and information regarding local 
occurrence, were provided in the Federal Register notice for the 
proposed IHA (81 FR 94326; December 23, 2016); since that time, we are 
not aware of any changes in the status of these species

[[Page 11007]]

and stocks; therefore, detailed descriptions are not provided here. 
Please refer to that Federal Register notice for these descriptions. 
Please also refer to NMFS' Web site (www.nmfs.noaa/gov/pr/species/
mammals/) for generalized species accounts.

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

    The effects of underwater noise from the Society's activities have 
the potential to result in behavioral harassment of marine mammals in 
the vicinity of the action area. The Federal Register notice for the 
proposed IHA (81 FR 94326; December 23, 2016) included a discussion of 
the effects of anthropogenic noise on marine mammals, therefore that 
information is not repeated here; please refer to that Federal Register 
notice for that information. No instances of hearing threshold shifts, 
injury, serious injury, or mortality are expected as a result of the 
in-water construction activities.

Anticipated Effects on Marine Mammal Habitat

    The only habitat modification associated with the planned 
activities is the restoration of the Station, which would occur on the 
upper levels of NWSR, which are not used by marine mammals. Thus, NMFS 
does not expect that the planned activity will 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. These 
potential effects are discussed in detail in the Federal Register 
notice for the proposed IHA (81 FR 94326; December 23, 2016); 
therefore, that information is not repeated here; please refer to that 
Federal Register notice for that information.

Mitigation Measures

    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 will conduct restoration activities 
at a 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 will last no more than three days. Maintenance of 
the light beacon will occur only in conjunction with restoration 
activities.
    Helicopter Approach and Timing Techniques: The Society will ensure 
that its helicopter approach patterns to the Station and timing 
techniques are conducted at times when marine mammals are less likely 
to be disturbed. To the extent possible, the helicopter will 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 the Island: 
The Society will 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 Coastal Crescent 
Research (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

    To ensure that the ``least practicable adverse impact'' will be 
achieved, NMFS has carefully evaluated mitigation measures in 
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(s) is expected to reduce impacts to marine mammals, 
marine mammal species or stocks, their habitat, and their availability 
for subsistence uses (latter where relevant); the proven or likely 
efficacy of the measures; and the practicability of the measures for 
applicant implementation (including, consideration of personnel safety, 
practicality of 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 below:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of pile driving, or other activities expected to result in the 
take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels from the activity, or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of the activity, or other activities expected to result in the 
take of marine mammals (this goal may contribute to a, above, or to 
reducing the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    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 planned measures, NMFS has 
determined that the 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.

[[Page 11008]]

Monitoring Measures

    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 
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 action area.
    The Society submitted a marine mammal monitoring plan in Section 13 
of their IHA application.
    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 plans 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 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 will 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 will 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 will take photographs of all marine 
mammals hauled out on the island at an altitude greater than 300 m (984 
ft) by the biologist, on the first flight of each day of activities. 
These photographs will be used by the biologist to discern 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.
    Monitoring requirements in relation to the Society's planned 
activities will 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 will 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 action 
area by including the following observations in their annual monitoring 
report: (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 will 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.

Reporting Measures

    The Society will submit a draft report to NMFS' Office of Protected 
Resources

[[Page 11009]]

no later than 90 days after the expiration of the IHA. The report will 
include a summary of the information gathered pursuant to the 
monitoring requirements set forth in the IHA. The Society will submit a 
final report to the NMFS within 30 days after 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 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 West coast 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 West coast 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 will 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 West coast 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 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.
    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.
3 *......................................  Flush.........................  All retreats (flushes) to the water.
----------------------------------------------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take, whereas Level 1 is not.


[[Page 11010]]

    Based on the Society's previous monitoring reports, NMFS estimates 
that approximately 2,880 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), 2,790 
Steller sea lions (NMFS' estimate of the maximum number of Steller sea 
lions that could be present on NWSR (155) 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 a maximum of 18 days of potential activities during the 
course of the year. 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.

                  Table 3--The Percentage of Stock Affected by the Number of Takes per Species
----------------------------------------------------------------------------------------------------------------
                                                                                                    Percent of
                           Species                               Take number    Stock abundance        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            0.12
----------------------------------------------------------------------------------------------------------------

    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 activity.

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 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 planned activities. Disturbance will be 
limited to a short duration, allowing marine mammals to reoccupy NWSR 
within a short amount of time. Thus, the planned activities are 
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 will 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 will not be 
present during the planned activity days.
    Moreover, the Society's mitigation measures regarding helicopter 
approaches and restoration site ingress and egress will 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 helicopter operations on NWSR 
will be short-term (approximately six minutes per trip). We 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 Temporary Threshold Shift (TTS) or Permanent Threshold 
Shift (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 planned 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 Mitigation Measures 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

[[Page 11011]]

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 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 Mitigation Measures 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 monitoring and 
mitigation measures, NMFS finds that the total marine mammal take from 
the Society's activities will have a negligible impact on the affected 
marine mammal species or stocks.
Small Numbers
    As mentioned previously, NMFS estimates that the Society's planned 
activities could potentially affect, by Level B harassment only, four 
species of marine mammals 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 finds that the Society's 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 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)

    NMFS prepared an Environmental Assessment (EA) and analyzed the 
potential impacts to marine mammals that would result from the 
Society's activities. A Finding of No Significant Impact (FONSI) was 
signed in February 2017. A copy of the EA and FONSI is available on our 
Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/research.html.

Authorization

    NMFS has issued an IHA to the Society for the potential harassment 
of small numbers of four marine mammal species incidental to the 
aircraft operations and lighthouse restoration and maintenance 
activities on NWSR, in Del Norte County, CA, provided the previously 
mentioned mitigation.

    Dated: February 13, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-03233 Filed 2-16-17; 8:45 am]
 BILLING CODE 3510-22-P