[Federal Register Volume 82, Number 93 (Tuesday, May 16, 2017)]
[Notices]
[Pages 22504-22515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-09864]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF366


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Seabird and Pinniped Research 
Activities in Central California, 2017-2018

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

ACTION: Proposed Incidental Harassment Authorization; request for 
comments

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SUMMARY: NMFS has received an application from Point Blue Conservation 
Science (Point Blue) for an Incidental Harassment Authorization (IHA) 
to take marine mammals, by harassment, incidental to seabird and 
pinniped research activities in central California. Pursuant to the 
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its 
proposal to issue an IHA to Point Blue to incidentally take marine 
mammals during the specified activities.

DATES: Comments and information must be received no later than June 15, 
2017.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. 
All personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained by visiting the Internet at: 
www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing these documents, please call the contact listed 
above.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings will 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, we adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    NMFS received a request from Point Blue for an IHA to take marine 
mammals incidental to seabird and marine mammal monitoring at three 
locations in central California. Point Blue's request was for 
harassment only and NMFS concurs that mortality is not expected to 
result from this activity. Therefore, an IHA is appropriate.
    On March 7, 2017, NMFS received an application from Point Blue 
requesting the taking by harassment of marine mammals incidental to 
conducting seabird and marine mammal research activities on Southeast 
Farallon Island (SEFI), A[ntilde]o Nuevo Island (ANI), and Point Reyes 
National Seashore (PRNS). Point Blue, along with partners Oikonos 
Ecosystem Knowledge and PRNS, plan to conduct the proposed activities 
for one year. These partners are conducting this research under 
cooperative agreements with the U.S. Fish and Wildlife Service in 
consultation with the Gulf of the Farallones National

[[Page 22505]]

Marine Sanctuary. We considered the renewal for request for 2017-2018 
activities as adequate and complete on April 7, 2017.
    These proposed activities would occur in the vicinity of pinniped 
haul-out sites and could likely result in the incidental take of marine 
mammals. We anticipate take, by Level B harassment only, of individuals 
of California sea lions (Zalophus californianus), Pacific harbor seals 
(Phoca vitulina), northern elephant seals (Mirounga angustirostris), 
and Steller sea lions (Eumetopias jubatus) to result from the specified 
activity.
    This is the organization's eighth request for an IHA. To date, we 
have issued authorizations to Point Blue (formerly known as PRBO 
Conservation Science) for the conduct of similar activities from 2007 
to 2016 (72 FR 71121; December 14, 2007, 73 FR 77011; December 18, 
2008, 75 FR 8677; February 19, 2010, 77 FR 73989; December 7, 2012, 78 
FR 66686; November 6, 2013, 80 FR 80321; December 24, 2015, 81 FR 
34978; June 1, 2016).

Description of Specified Activities

Overview

    Point Blue proposes to monitor and census seabird colonies; observe 
seabird nesting habitat; restore nesting burrows; observe breeding 
elephant and harbor seals; and resupply a field station annually in 
central California (i.e., SEFI, ANI, and PRNS). The purpose of the 
seabird research is to continue a 30-year monitoring program of the 
region's seabird populations. Point Blue's long-term pinniped research 
program monitors pinniped colonies to understand elephant and harbor 
seal population dynamics and to contribute to the conservation of both 
species. Level B take may occur due to incidental disturbance of 
pinnipeds by researchers during monitoring.

Dates and Duration

    The proposed authorization would be effective from June 16, 2017 
through May 15, 2018. Surveys are conducted year-round at the specified 
locations. At SEFI, seabird monitoring sites are visited ~1-3 times per 
day for a maximum of 500 visits per year. Most seabird monitoring 
visits are brief (~15 minutes), though seabird observers are present 
from 2-5 hours daily at North Landing from early April-early August 
each year to conduct observational studies on breeding common murres. 
Boat landings to re-supply the field station, lasting 1-3 hours, are 
conducted once every 2 weeks at one of the these locations. At ANI, 
research is conducted once/week April-August, with occasional 
intermittent visits made during the rest of the year. The maximum 
number of visits per year would be 20. Nesting habitat restoration and 
monitoring activities require sporadic visits from September-November, 
between the seabird breeding season and the elephant seal pupping 
season. Landings and visits to nest boxes are brief (~15 minutes). 
Research may occur during any month, with an emphasis during the 
seabird nesting season with occasional intermittent visits the rest of 
the year. The maximum number of visits per year is 20. Habitat 
restoration and monitoring work requires sporadic visits from 
September-November, between the seabird breeding season and the 
elephant seal pupping season.

Specified Geographic Region

    Point Blue will conduct their research activities within the 
vicinity of pinniped haul-out sites in the following locations:
     South Farallon Islands: The South Farallon Islands consist 
of SEFI located at 37[deg]41'54.32'' N.; 123[deg]0'8.33'' W. and West 
End Island. The South Farallon Islands have a land area of 
approximately 120 acres (0.49 square kilometers (km\2\)) and are part 
of the Farallon National Wildlife Refuge. The islands are located near 
the edge of the continental shelf 28 miles (mi) (45.1 km) west of San 
Francisco, CA, and lie within the waters of the Gulf of the Farallones 
National Marine Sanctuary;
     A[ntilde]o Nuevo Island: ANI is located at 
37[deg]6'29.25'' N.; 122[deg]20'12.20'' W. is one-quarter mile (402 
meters m) offshore of A[ntilde]o Nuevo Point in San Mateo County, CA. 
The island lies within the Monterey Bay National Marine Sanctuary and 
the A[ntilde]o Nuevo State Marine Conservation Area; and
     Point Reyes National Seashore: PRNS is approximately 40 
miles (64.3 km) north of San Francisco Bay and also lies within the 
Gulf of the Farallones National Marine Sanctuary.

Detailed Description of Specified Activity

Southeast Farallon Islands
    Point Blue has conducted year round wildlife research and 
monitoring activities at SEFI, part of the Farallon National Wildlife 
Refuge, since 1968. This work is conducted through a collaborative 
agreement with the United States Fish and Wildlife Service (USFWS). 
Research focuses on marine mammals and seabirds and includes procedures 
involved in maintaining the SEFI field station. These activities may 
involve the incidental take of marine mammals.
    Seabird research activities involve observational and marking 
(i.e., netting and banding for capture-mark-recapture) studies of 
breeding seabirds. Occasionally researchers may travel to coastal areas 
of the island to conduct observational seabird research where non-
breeding marine mammals are present, which includes viewing breeding 
seabirds from an observation blind or censusing shorebirds, and usually 
involves one or two observers. Access to the refuge involves landing in 
small boats, 14-18 ft open motorboats, which are hoisted onto the 
island using a derrick system.
    Most intertidal areas of the island, where marine mammals are 
present, are rarely visited in seabird research. Most potential for 
incidental take will occur at the island's two landings, North Landing 
and East Landing. At both landings, research stations are located more 
than 50 ft above any pinnipeds that may be present and are visited 1-3 
times per day. These pinnipeds are primarily California sea lions or 
northern elephant seals, to a lesser extent harbor seals, and very 
rarely Steller sea lions. Boat landings to re-supply the field station, 
lasting 1-3 hours, are conducted once every 2 weeks at either the North 
or East Landing. Activities involve launching of the boat with one 
operator, with 2-4 other researchers assisting with the operations from 
land. At East Landing, the primary landing site, all personnel 
assisting with the landing stay on the loading platform 30 ft above the 
water. At North Landing, loading operations occur at the water level in 
the intertidal zone.
A[ntilde]o Nuevo Island
    Point Blue has also conducted seabird research and monitoring 
activities on ANI, part of the A[ntilde]o Nuevo State Reserve, since 
1992. Collaborations with Oikonos Ecosystem Knowledge began in 2001 to 
research seabird burrow nesting habitat quality and restoration. All 
work is conducted through a collaborative agreement with California 
State Parks. The island is accessed by 12 ft Zodiac boat. Non-breeding 
pinnipeds may occasionally be present on the small beach in the center 
of the island where the boat is landed. California sea lions may also 
occasionally be present near a small group of subterranean seabird nest 
boxes on the island terrace. There are usually 2-3 researchers involved 
in island visits.

[[Page 22506]]

Point Reyes National Seashore
    The National Park Service (NPS) conducts research, resource 
management and routine maintenance services at PRNS. This involves both 
marine mammal research and seabird research and includes maintaining 
the facilities around the seashore. Habitat restoration of the seashore 
occurs and includes restoration and removal of non-native invasive 
plants and coastal dune habitat. Non-native plant removal is timed to 
avoid the breeding seasons of pinnipeds; however, on occasion non-
breeding animals may be present at various beaches throughout the year. 
Additionally, elephant seals will haul out on human structures and 
block access to facilities. They are known to haul out on a boat ramp 
at the Life Boat Station and in various car parking lots around the 
seashore.
    Research along the seashore includes monitoring seabird breeding 
and roosting colonies. Seabird monitoring usually involves one or two 
observers. Surveys are conducted by small boats, 14-22 ft open 
motorboats, that survey along the shoreline.
    Most areas where marine mammals are present are never visited, 
excepting the landing beaches along Point Reyes headland. In all 
locations researchers are located more than 50 ft away from any 
pinnipeds that may be hauled out. Elephant seals may haul out on boat 
ramps and parking lots year round.

Description of Marine Mammals in the Area of Specified Activities

    We have reviewed Point Blue's species information--which summarizes 
available information regarding status and trends, distribution and 
habitat preferences, behavior and life history of the potentially 
affected species--for accuracy and completeness and refer the reader to 
Sections 3 and 4 of the application, as well as to NMFS's Stock 
Assessment Reports (SAR; www.nmfs.noaa.gov/pr/sars/). Additional 
general information about these species (e.g., physical and behavioral 
descriptions) may be found on NMFS's Web site (www.nmfs.noaa.gov/pr/species/mammals/). Table 1 lists all species with expected potential 
for occurrence at SEFI, ANI, and PRNS and summarizes information 
related to the population or stock, including potential biological 
removal (PBR), where known. For taxonomy, we follow Committee on 
Taxonomy (2016). PBR, defined by the MMPA as the maximum number of 
animals, not including natural mortalities, that may be removed from a 
marine mammal stock while allowing that stock to reach or maintain its 
optimum sustainable population, is considered in concert with known 
sources of ongoing anthropogenic mortality to assess the population-
level effects of the anticipated mortality from a specific project (as 
described in NMFS's SARs). While no mortality is anticipated or 
authorized here, PBR and annual serious injury and mortality are 
included here as gross indicators of the status of the species and 
other threats. For status of species, we provide information regarding 
U.S. regulatory status under the MMPA and the Endangered Species Act 
(ESA). 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 two km of shore. Point Blue has 
not encountered California sea otters on SEFI, ANI, or PRNS during the 
course of seabird or pinniped research activities over the past five 
years. This species is managed by the USFWS and is not considered 
further in this notice. Marine mammal abundance estimates presented in 
this document represent the total number of individuals that make up a 
given stock or the total number estimated within a particular study 
area. NMFS's stock abundance estimates for most species represent the 
total estimate of individuals within the geographic area, if known, 
that comprises that stock.
    All managed stocks in this region are assessed in NMFS's 2015 U.S. 
Pacific Stock Assessment Report (Carretta et al., 2016) or the 2015 
Alaska Stock Assessment Report (Muto et al., 2016). The most recent 
information regarding Steller sea lions may be found in 2016 Draft 
Alaska Stock Assessment Report (Muto et al., 2016b). Four species have 
the potential to be incidentally taken during the proposed survey 
activities and are listed in Table 1. Values presented in Table 1 are 
from the 2015 SARs and draft 2016 SARs (available online at: 
www.nmfs.noaa.gov/pr/sars/draft.htm).

                   Table 1--Marine Mammals Potentially Present in the Vicinity of Study Areas
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                                                                                 Stock abundance
                                                                    ESA/MMPA        (CV, Nmin,
           Species             Scientific name       Stock           status;       most recent        PBR \3\
                                                                 strategic  (Y/     abundance
                                                                     N) \1\        survey) \2\
----------------------------------------------------------------------------------------------------------------
California sea lion..........  Zalophus         U.S............  -; N            296,750 (n/a;             9,200
                                californianus.                                    153,337; 2011).
Steller sea lion.............  Eumetopias       Eastern U.S....  D; Y            71,562 (n/a;              2,498
                                jubatus.                                          41,638; 2015).
Harbor seal..................  Phoca vitulina   California.....  -; N            30,968 (0.157;            1,641
                                richardii.                                        27,348; 2012).
Northern elephant seal.......  Mirounga         California       -; N            179,000 (n/a;             4,882
                                angustirostris.  breeding stock.                  81,368; 2010).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species
  is not listed under the ESA or designated as depleted under the MMPA.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
  applicable. For certain stocks of pinnipeds, abundance estimates are based upon observations of animals (often
  pups) ashore multiplied by some correction factor derived from knowledge of the specie's (or similar species')
  life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the
  minimum abundance may represent actual counts of all animals ashore.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
  mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
  optimum sustainable population size (OSP).

Northern Elephant Seal

    Northern elephant seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted or strategic under 
the MMPA. The estimated population of the California Breeding Stock is 
approximately 179,000 animals and the current population trend is 
increasing at

[[Page 22507]]

3.8 percent annually (Carretta et al., 2016).
    Northern elephant seals range in the eastern and central North 
Pacific Ocean, from as far north as Alaska to as far south as Mexico. 
Northern elephant seals spend much of the year, generally about nine 
months, in the ocean. They are usually underwater, diving to depths of 
about 1,000 to 2,500 ft (330-800 m) for 20- to 30-minute intervals with 
only short breaks at the surface. They are rarely seen out at sea for 
this reason. While on land, they prefer sandy beaches.
    The northern elephant breeding population is distributed from 
central Baja California, Mexico to the Point Reyes Peninsula in 
northern California. Along this coastline there are 13 major breeding 
colonies. Northern elephant seals breed and give birth primarily on 
offshore islands (Stewart et al., 1994), from December to March 
(Stewart and Huber, 1993). Males feed near the eastern Aleutian Islands 
and in the Gulf of Alaska, and females feed farther south, south of 
45[deg] N. (Stewart and Huber, 1993; Le Boeuf et al., 1993). Adults 
return to land between March and August to molt, with males returning 
later than females. Adults return to their feeding areas again between 
their spring/summer molting and their winter breeding seasons.
    At SEFI, the population consists of approximately 500 animals (FNMS 
2013). Northern elephant seals began recolonizing the South Farallon 
Islands in the early 1970s (Stewart et al., 1994) at which time the 
colony grew rapidly. In 1983 a record 475 pups were born on the South 
Farallones (Stewart et al., 1994). Since then, the size of the South 
Farallones colony has declined, stabilizing in the early 2000s and then 
declining further over the past six years (USFWS 2013). In 2012, a 
total of 90 cows were counted on the South Farallones, and 60 pups were 
weaned (USFWS 2013). Point Blue's average monthly counts from 2000 to 
2009 ranged from 20 individuals in July to nearly 500 individuals in 
November (USFWS 2013).
    Northern elephant seals are present on the islands and in the 
waters surrounding the South Farallones year-round for either breeding 
or molting; however, they are more abundant during breeding and peak 
molting seasons (Le Boeuf and Laws, 1994; Sydeman and Allen, 1999). 
They live and feed in deep, offshore waters the remainder of the year.
    In mid-December, adult males begin arriving on the South 
Farallones, closely followed by pregnant females on the verge of giving 
birth. Females give birth to a single pup, generally in late December 
or January (Le Boeuf and Laws, 1994) and nurse their pups for 
approximately four weeks (Reiter et al., 1991). Upon pup weaning, 
females mate with an adult male and then depart the islands. The last 
adult breeders depart the islands in mid-March. The spring peak of 
elephant seals on the rookery occurs in April, when females and 
immature seals (approximately one to four years old) arrive at the 
colony to molt (a one month process) (USFWS 2013). The year's new pups 
remain on the island throughout both of these peaks, generally leaving 
by the end of April (USFWS 2013).
    The lowest numbers of elephant seals present on the rookery occurs 
during June, July, and August, when sub-adult and adult males molt. 
Another peak of young seals return to the rookery for a haul-out period 
in October, and at that time some individuals undergo partial molt (Le 
Boeuf and Laws, 1994). At ANI the population ranges from 900 to 1,000 
adults.

California Sea Lion

    The estimated population of the U.S. stock of California sea lion 
is approximately 296,750 animals and the current maximum population 
growth rate is 12 percent (Carretta et al., 2016). California sea lions 
are not listed as threatened or endangered under the ESA, nor are they 
categorized as depleted or strategic under the MMPA. California sea 
lion breeding areas are on islands located in southern California, in 
western Baja California, Mexico, and the Gulf of California. 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., 2016). 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 the pup is weaned 
between four and 10 months of age (NMML 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 are found as far north as Washington and Oregon, 
presumably following prey.
    On the Farallon Islands, California sea lions haul out in many 
intertidal areas year round, fluctuating from several hundred to 
several thousand animals. California sea lions at PRNS haul out at only 
a few locations, but will occur on human structures such as boat ramps. 
The annual population averages around 300 to 500 during the fall 
through spring months, although on occasion, several thousand sea lions 
can arrive depending upon local prey resources (S. Allen, unpublished 
data). On ANI, California sea lions may haul out at one of eight beach 
areas on the perimeter of the island (see Point Blue's Application). 
The island's average population ranges from 4,000 to 9,500 animals (M. 
Lowry, unpublished data).

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted or strategic under 
the MMPA. The estimated population of the California stock of harbor 
seals is 30,968 animals (Carretta et al., 2016).
    The animals inhabit near-shore coastal and estuarine areas from 
Baja California, Mexico, to the Pribilof Islands in Alaska. Pacific 
harbor seals are divided into two subspecies: P. v. stejnegeri in the 
western North Pacific, near Japan, and P. v. richardsi in the northeast 
Pacific Ocean. The California stock ranges from north of Baja, 
California to the Oregon-California border. Other stocks recognized 
along the U.S. west coast include: (1) Southern Puget Sound; (2) 
Washington Northern Inland Waters; (3) Hood Canal; and (4) Oregon/
Washington Coast.
    In California, 400-600 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., 2008). On the 
Farallon Islands, approximately 40 to 120 Pacific harbor seals haul out 
in the intertidal areas (Point Blue unpublished data). Harbor seals at 
PRNS haul out at nine locations with an annual population of up to 
4,000 animals (M. Lowry, unpublished data). On ANI, harbor seals may 
haul out at one of eight beach areas on the perimeter of the island and 
the island's average population ranges from 100 to 150 animals (M. 
Lowry, unpublished data).

Steller Sea Lion

    Steller sea lions consist of two distinct population segments: The 
western and eastern distinct population segments (DPS) 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.,

[[Page 22508]]

Japan and Russia). The eastern segment includes sea lions living in 
southeast Alaska, British Columbia, California, and Oregon. The eastern 
DPS includes animals born east of Cape Suckling, AK (144[deg] W.) and 
the latest abundance estimate for the stock is 71,562 animals (Muto et 
al., 2016). The eastern DPS of Steller sea lion is not listed as 
threatened or endangered under the ESA, nor is it listed as strategic 
under the MMPA.
    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 (NMFS, 1995; 
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).
    An estimated 50-150 Steller sea lions are located along the 
Farallon Islands while 400-600 may be found on ANI (Point Blue, 
unpublished data; Lowry, unpublished data). None are present at PRNS 
(NPS, unpublished data). Overall, counts of non-pups at trend sites in 
California and Oregon have been relatively stable or increasing slowly 
since the 1980s (Muto et al., 2016).
    Point Blue estimates that between 50 and 150 Steller sea lions live 
on the Farallon Islands. On SEFI, the abundance of females declined an 
average of 3.6 percent per year from 1974 to 1997 (Sydeman and Allen, 
1999).
    NMFS' Southwest Fisheries Science Center estimates between 400 and 
600 live on ANI (Point Blue unpublished data, 2008; Southwest Fisheries 
Science Center unpublished data, 2008). At ANI, a steady decline in 
ground counts started around 1970, and there was an 85 percent 
reduction in the breeding population by 1987 (LeBoeuf et al., 1991). 
Pup counts at ANI declined 5 percent annually through the 1990s and 
stabilized between 2001 and 2005 (M. Lowry, SWFSC unpublished data). 
Pups have not been born at PRNS since the 1970s and Steller sea lions 
are seen in very low numbers there currently (S. Allen, unpublished 
data).
    SEFI is one of two breeding colonies at the southern end of the 
Steller sea lion's range. On the Farallon and A[ntilde]o Nuevo Islands, 
Steller sea lion breeding colonies are located in closed areas where 
researchers never visited, eliminating any risk of disturbing breeding 
animals.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity 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 by this activity. 
The ``Negligible Impact Analysis and Determination'' section 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 these 
activities on the reproductive success or survivorship of individuals 
and how those impacts on individuals are likely to impact marine mammal 
species or stocks.
    Visual and acoustic stimuli generated by the appearance of 
researchers and motorboat operations may have the potential to cause 
Level B harassment of pinnipeds hauled out on SEFI, ANI, or PRNS. This 
section includes a summary and discussion of the ways that the types of 
stressors associated with the specified activity (e.g., personnel 
presence and motorboats) have been observed to impact marine mammals. 
This discussion may also include reactions that we consider to rise to 
the level of a take and those that we do not consider to rise to the 
level of a take. This section is intended as a background of potential 
effects and does not consider either the specific manner in which this 
activity will be carried out or the mitigation that will be 
implemented, and how either of those will shape the anticipated impacts 
from this specific activity.
    The appearance of researchers may have the potential to cause Level 
B harassment of any pinnipeds hauled out at survey sites. Disturbance 
may result in reactions ranging from an animal simply becoming alert to 
the presence of researchers (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 take, but rather assumes that 
pinnipeds that flee some distance or change the speed or direction of 
their movement in response to the presence of researchers are 
behaviorally harassed, and thus subject to Level B taking. Animals that 
respond to the presence of researchers by becoming alert, but do not 
move or change the nature of locomotion as described, are not 
considered to have been subject to behavioral harassment.
    Reactions to human presence, if any, depend on species, state of 
maturity, experience, current activity, reproductive state, time of 
day, and many other factors (Richardson et al., 1995; 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). Numerous 
studies have shown that human activity can flush harbor seals off haul-
out sites (Allen et al., 1985; Calambokidis et al., 1991; Suryan and 
Harvey, 1999). The Hawaiian monk seal (Neomonachus schauinslandi) has 
been shown to avoid beaches that have been disturbed often by humans 
(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, disruption of normal social behaviors (Lusseau 
2003; 2006), and the shift of behavioral activities which may increase 
energetic costs (Constantine et al., 2003).
    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

[[Page 22509]]

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 had 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 that 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).
    The potential for striking marine mammals is a concern with vessel 
traffic. Typically, the reasons for vessel strikes are fast transit 
speeds, lack of maneuverability, or not seeing the animal because the 
boat is so large. Point Blue's researchers will access areas at slow 
transit speeds in small boats that are easily maneuverable, minimizing 
any chance of an accidental strike.
    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 larger 
animals during a stampede. However, NMFS does not expect any of these 
scenarios to occur at SEFI, ANI, or PRNS. There is the risk of injury 
if animals stampede towards shorelines with precipitous relief (e.g., 
cliffs). Researchers will take precautions, such as moving slowly and 
staying close to the ground, to ensure that flushes do not result in a 
stampede of pinnipeds heading to the sea. Point Blue reports that 
stampedes are extremely rare at their survey locations. Furthermore, no 
research activities would occur at or near pinniped rookeries. Breeding 
animals are concentrated in areas where researchers would not visit so 
NMFS does not expect mother and pup separation or crushing of pups 
during flushing. Furthermore, if pups should be present at Point Blue, 
researchers will avoid visiting that particular site.
    Given the nature of the proposed activities (i.e., animal 
observations from a distance and limited motorboat operations) in 
conjunction with proposed mitigation measures, NMFS is confident that 
any anticipated effects would be in the form of behavioral disturbance 
only. NMFS considers the risk of injury, serious injury, or mortality 
to marine mammals to be very low.
    There are no habitat modifications associated with the proposed 
activity other than the presence of existing blinds by researchers to 
monitor animals. These blinds disturb only a few square feet of 
habitat. The presence of the blinds will likely result in a net 
decrease in disturbance since the researchers will only be visible 
briefly as they enter and exit the blind. 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 SEFI, ANI, or PRNS.

Estimated Take

    This section includes an estimate of the number of incidental 
``takes'' proposed for authorization pursuant to this IHA, which will 
inform both NMFS' consideration of whether the number of takes is 
``small'' and the negligible impact determination.
    Harassment is the only form of take expected to result from these 
activities. 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).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to researchers and motorboat operations. Based 
on the nature of the activity, Level A harassment is neither 
anticipated nor proposed to be authorized. Below we describe how the 
take is estimated.
    NMFS bases these new take estimates on historical data from 
previous monitoring reports and anecdotal data for the same activities 
conducted in the same research areas. In brief, for four species (i.e., 
California sea lions, harbor seals, northern elephant seals, and 
Steller sea lions), NMFS created a statistical model to derive an 
estimate of the average annual increase of reported take based on a 
best fit regression analysis (i.e., linear or polynomial regression) of 
reported take from 2007 to 2016. Note that Point Blue has never 
exceeded authorized take levels under any previously issued IHA. Final 
data from the 2016-2017 season has not been submitted. The predicted 
annual increase in take for each species was added to the baseline 
reported take for the 2015-2016 seasons to project the estimated take 
for the proposed 2017-2018 IHA as is shown in Table 2.

[[Page 22510]]



              Table 2--Past Reported Take Observations and Estimated Take for Proposed 2017-2018 Point Blue Conservation Science Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                Reported take observations from past seasons \1\                              Projected
                                                 ------------------------------------------------------------------------------    Annual     take 2017-
                     Species                      IHA 1 (2007- IHA 2 (2008- IHA 3 (2011- IHA 4 (2012- IHA 5 (2014- IHA 6 (2015-  projected     2018 IHA
                                                     2008)        2009)        2012)        2013)        2015)        2016)       increase
--------------------------------------------------------------------------------------------------------------------------------------------------------
California Sea Lions............................          744          747        3,610        2,254        4,646   \2\ 36,397       11,223   \3\ 40,138
                                                                                                                                                (47,620)
Northern Elephant Seals.........................           44           44           67           30           97          169           34          203
Harbor Seals....................................           39           75          109          141          259          292          107          399
Steller Sea Lions (E-DPS).......................            5            4            4           12            6           31            5           36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Data for 2009-2010 and 2010-2011 not available.
\2\ Large increase in California sea lions likely due to El Ni[ntilde]o event.
\3\ NMFS has decreased projected California sea lion take based on preliminary 2016 observed take data.

    The estimated take for California sea lions has been reduced from 
the figure authorized under the existing 2016-2017 IHA (55,583). NMFS 
noted that large numbers of California sea lions recorded in 2015-2016 
were likely due to an El Ni[ntilde]o event, which ended in May/June of 
2016. The El Ni[ntilde]o Southern Oscillation (ENSO) is a single 
climate phenomenon that periodically fluctuates between 3 phases: 
Neutral, La Ni[ntilde]a or El Ni[ntilde]o. La Ni[ntilde]a and El 
Ni[ntilde]o are opposite phases that require certain changes to take 
place in both the ocean and the atmosphere, before an event is 
declared. ENSO is currently in a neutral state, meaning that sea lion 
numbers may not approach the projected take for 2017-2018 shown in 
Table 2. Recent data suggests that there are increasing chances another 
El Ni[ntilde]o could develop in the fall of 2017, although it is 
impossible to predict the length or severity of such an event (NOAA 
2017). Therefore, sea lion numbers could occur at levels similar to 
what was observed in the 2015-2016 season under El Ni[ntilde]o 
conditions.
    Point Blue has provided preliminary data for recorded California 
sea lion takes at SEFI from calendar year 2016 (January-December), 
which shows 33,904 California sea lion takes at SEFI. Point Blue has 
not yet tabulated the data for ANI and PRNS. However, Point Blue 
estimates that approximately 1000 animals will be taken at ANI and few, 
if any, will be taken at PRNS based on preliminary analysis of 2016 
data. Therefore, the result for calendar year 2016 is approximately 
34,904 sea lion takes (33,904 from SEFI and 1,000 from ANI and PRNS). 
Note that a portion of the 2016 calendar year featured El Ni[ntilde]o 
conditions (January-May/June), which are predicted to return in the 
fall of 2017. Therefore, the 2016 calendar year data can serve as a 
baseline for proposed 2017-2018 IHA. NMFS will conservatively add 15 
percent to the estimated 2016 yearly total to arrive at a proposed 
authorized take of 40,139 California sea lions for the 2017-2018 IHA.

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. 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 and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully balance two primary factors: (1) 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, and their habitat, which considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range), as well as 
the likelihood that the measure will be effective if implemented; and 
the likelihood of effective implementation, and; (2) the practicability 
of the measures for applicant implementation, which may consider such 
things as cost, impact on operations, and, in the case of a military 
readiness activity, personnel safety, practicality of implementation, 
and impact on the effectiveness of the military readiness activity.
    Point Blue has based the mitigation measures, which they will 
employ during the proposed research, on the implementation of protocols 
used during previous Point Blue research activities under previous 
authorizations for these activities. Note that Point Blue and NMFS have 
refined mitigation requirements over the years in an effort to reduce 
behavioral disturbance impacts to marine mammals.
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities Point Blue has proposed to 
implement the following mitigation measures for marine mammals:
    (1) Slow approach to beaches for boat landings to avoid stampede 
and provide animals opportunity to enter water.
    (2) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed.
    (3) Avoid visits to sites used by pinnipeds for pupping.
    (4) Monitor for offshore predators and do not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinus orca) are present. If Point Blue and/or its designees 
see pinniped predators in the area, they must not disturb the pinnipeds 
until the area is free of predators.
    (5) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    (6) Conduct seabird observations at North Landing on SEFI in an 
observation blind, shielded from the view of hauled out pinnipeds.
    (7) Crawl slowly to access seabird nest boxes on ANI if pinnipeds 
are within view.
    (8) Coordinate research visits to intertidal areas of SEFI (to 
reduce potential take) and coordinate research goals for ANI to 
minimize the number of trips to the island.
    (10) Coordinate monitoring schedules on ANI, so that areas near any 
pinnipeds would be accessed only once per visit.

[[Page 22511]]

    (11) Operate motorboats slowly with caution during approaches to 
landing sites in order to avoid vessel strikes.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
proposed action area. Effective reporting is critical both to 
compliance as well as to ensuring that the most value is obtained from 
the required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.
    Point Blue will contribute to the knowledge of pinnipeds in 
California 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 
pinnipeds or carcasses, allowing transmittal of the information to 
appropriate agencies and personnel; and (3) rare or unusual species of 
marine mammals for agency follow-up.
    Required monitoring protocols for Point Blue will include the 
following:
    (1) Record of date, time, and location (or closest point of 
ingress) of each visit to the research site;
    (2) Composition of the marine mammals sighted, such as species, 
gender and life history stage (e.g., adult, sub-adult, pup);
    (3) Information on the numbers (by species) of marine mammals 
observed during the activities;
    (4) Estimated number of marine mammals (by species) that may have 
been harassed during the activities;
    (5) Behavioral responses or modifications of behaviors that may be 
attributed to the specific activities and a description of the specific 
activities occurring during that time (e.g., pedestrian approach, 
vessel approach); and
    (6) Information on the weather, including the tidal state and 
horizontal visibility.
    For consistency, any reactions by pinnipeds to researchers will be 
recorded according to a three-point scale shown in Table 3. Note that 
only observations of disturbance Levels 2 and 3 should be recorded as 
takes.

           Table 3--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
         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 observations of disturbance Levels 2 and 3 are recorded as takes.

    This information will be incorporated into a monitoring report for 
NMFS. The monitoring report will cover the period from January 1, 2017 
through December 31, 2017. NMFS has requested that Point Blue submit 
annual monitoring report data on a calendar year schedule, regardless 
of the current IHA's initiation or expiration dates. This will ensure 
that data from all consecutive months will be collected and, therefore, 
can be analyzed to estimate authorized take for future IHA's regardless 
of the existing IHA's issuance date. Point Blue will submit a draft 
monitoring report to NMFS Office of Protected Resources by April 1, 
2018. The draft report will include monitoring data collected between 
January 1, 2017 and December 31, 2017. A final report will be prepared 
and submitted within 30 days following resolution of any comments on 
the draft report from NMFS. If no comments are received from NMFS, the 
draft final report will be considered to be the final report. This 
report must contain the informational elements described above, at 
minimum.
    Point Blue must also report observations of unusual pinniped 
behaviors, numbers, or distributions and tag-bearing carcasses to NMFS 
West Coast Region office.
    If at any time the specified activity clearly causes the take of a 
marine mammal in a manner prohibited by this IHA, such as an injury 
(Level A harassment), serious injury, or mortality, Point Blue will 
immediately cease the specified activities and report the incident to 
the Office of Protected Resources, NMFS, and the West Coast

[[Page 22512]]

Regional Stranding Coordinator, NMFS. The report must include the 
following information:
    (1) Time and date of the incident;
    (2) Description of the incident;
    (3) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (4) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (5) Species identification or description of the animal(s) 
involved;
    (6) Fate of the animal(s); and
    (7) Photographs or video footage of the animal(s).
    Activities will not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with Point Blue to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Pt. Blue may not 
resume the activities until notified by NMFS.
    In the event that an injured or dead marine mammal is discovered 
and it is determined that the cause of the injury or death is unknown 
and the death is relatively recent (e.g., in less than a moderate state 
of decomposition), Point Blue will immediately report the incident to 
the Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinator, NMFS. The report must include the same 
information identified in the paragraph above IHA. Activities may 
continue while NMFS reviews the circumstances of the incident. NMFS 
will work with Point Blue to determine whether additional mitigation 
measures or modifications to the activities are appropriate.
    In the event that an injured or dead marine mammal is discovered 
and it is determined that the injury or death is not associated with or 
related to the activities authorized in the IHA (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, or 
scavenger damage), Point Blue will report the incident to the Office of 
Protected Resources, NMFS, and the West Coast Regional Stranding 
Coordinator, NMFS, within 24 hours of the discovery. Point Blue will 
provide photographs or video footage or other documentation of the 
stranded animal sighting to NMFS. Activities may continue while NMFS 
reviews the circumstances of the incident.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact 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 (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of 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 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 effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    To avoid repetition, the discussion of our analyses applies 
generally to the four species for which take is authorized, given that 
the anticipated effects of these surveys on marine mammals are expected 
to be relatively similar in nature. Where there are species-specific 
factors that have been considered, they are identified below.
    For reasons stated previously in this document and based on the 
following factors, NMFS does not expect Point Blue's specified 
activities to cause long-term behavioral disturbance that would 
negatively impact an individual animal's fitness, or result in injury, 
serious injury, or mortality. Although Point Blue's survey activities 
may disturb marine mammals, NMFS expects those impacts to occur to 
localized groups of animals at or near survey sites. Behavioral 
disturbance would be limited to short-term startle responses and 
localized behavioral changes due to the short duration (ranging from 
<15 minutes for visits at most locations up to 2-5 hours from April-
August at SEFI) of the research activities. At some locations, where 
resupply activities occur, visits will occur once every two weeks. 
Minor and brief responses, such as short-duration startle reactions or 
flushing, are not likely to constitute disruption of behavioral 
patterns, such as migration, nursing, breeding, feeding, or sheltering. 
These short duration disturbances--in many cases animals will return in 
30 minutes or less--will generally allow marine mammals to reoccupy 
haul-outs relatively quickly; therefore, these disturbances would not 
be anticipated to result in long-term disruption of important 
behaviors. No surveys will occur at or near rookeries as researchers 
will have limited access to SEFI, ANI, and PRNS during the pupping 
season and will not approach sites should pups be observed. 
Furthermore, breeding animals tend to be concentrated in areas that 
researchers are not scheduled to visit. Therefore, NMFS does not expect 
mother and pup separation or crushing of pups during stampedes.
    Level B behavioral harassment of pinnipeds may occur during the 
operation of small motorboats. However, exposure to boats and 
associated engine noise would be brief and would not occur on a 
frequent basis. Results from studies demonstrate that pinnipeds 
generally return to their sites and do not permanently abandon haul-out 
sites after exposure to motorboats. The chance of a vessel strike is 
very low due to small boat size and slow transit speeds. Researchers 
will delay ingress into the landing areas until after the pinnipeds 
enter the water and will cautiously operate vessels at slow speeds.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
     No mortality is anticipated or authorized;
     Limited behavioral disturbance in the form of short-
duration startle reactions or flushing Mitigation requirements employed 
by researchers (e.g. move slowly, use hushed voices) should further 
decrease disturbance levels;
     No activity near rookeries and avoidance of pups; and
     Limited impact from boats due to their small size, 
maneuverability and the requirement to delay ingress until after hauled 
out pinnipeds have entered the water.
    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

[[Page 22513]]

that the total marine mammal take from the proposed activity will have 
a negligible impact on all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of the relevant 
species or stock size in our determination of whether an authorization 
is limited to small numbers of marine mammals.
    As mentioned previously, NMFS estimates that four marine mammal 
species could potentially be affected by Level B harassment under the 
proposed authorization. For each species, these numbers are small 
relative to the population size. These incidental harassment numbers 
represent approximately 13.5 percent of the U.S. stock of California 
sea lion, 1.28 percent of the California stock of Pacific harbor seal, 
0.11 percent of the California breeding stock of northern elephant 
seal, and 0.05 percent of the eastern distinct population segment of 
Steller sea lion. Note that the number of individual marine mammals 
taken is assumed to be less than the take estimate (number of 
exposures) since we assume that the same animals may be behaviorally 
harassed over multiple days.

 Table 4--Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be
                                                      Taken
----------------------------------------------------------------------------------------------------------------
                                                                                                  Percentage  of
                Species                           Stock                Stock      Total proposed     stock or
                                                                     abundance     Level B take     population
----------------------------------------------------------------------------------------------------------------
California sea lion...................  U.S.....................         296,750          40,138            13.5
Steller sea lion......................  Eastern U.S.............          71,562              36            0.05
Harbor seal...........................  California..............          30,968             399            1.28
Northern elephant seal................  California breeding              179,000             203            0.11
                                         stock.
----------------------------------------------------------------------------------------------------------------

    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species 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)

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally with our ESA Interagency Cooperation Division 
whenever we propose to authorize take for endangered or threatened 
species.
    No incidental take of ESA-listed species is proposed for 
authorization or expected to result from this activity. Therefore, NMFS 
has determined that formal consultation under section 7 of the ESA is 
not required for this action.

National Environmental Policy Act (NEPA)

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action with respect to environmental 
consequences on the human environment.
    Accordingly, NMFS has preliminarily determined that the issuance of 
the proposed IHA qualifies to be categorically excluded from further 
NEPA review. This action is consistent with categories of activities 
identified in CE B4 of the Companion Manual for NOAA Administrative 
Order 216-6A, which do not individually or cumulatively have the 
potential for significant impacts on the quality of the human 
environment and for which we have not identified any extraordinary 
circumstances that would preclude this categorical exclusion.
    We will review all comments submitted in response to this notice 
prior to concluding our NEPA process or making a final decision on the 
IHA request.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to Point Blue Conservation Science for conducting research 
surveys at SEFI, ANI, and PRNS from June 16, 2017 through June 15, 2018 
provided the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated. This section contains a draft of the IHA 
itself. The wording contained in this section is proposed for inclusion 
in the IHA (if issued).
    1. This IHA is valid from June 16, 2017 through June 15, 2018.
    2. This IHA is valid only for specified activities associated with 
seabird and marine mammal monitoring surveys located on or near 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore.
    3. Species Authorized and Level of Take.
    a. The incidental taking of marine mammals, by Level B harassment 
only is limited to the following species and associated authorized take 
numbers as shown below:
    i. 399 harbor seal; (Phoca vitulina richardii);
    ii. 40,138 California sea lions (Zalophus californianus);
    iii. 36 Steller sea lions (Eumetopias jubatus); and
    iv. 203 northern elephant seals (Mirounga angustirostris).
    b. The taking by injury (Level A harassment), serious injury, or 
death of any of the species listed in condition 3(a) of the IHA or any 
taking of any other species of marine mammal is prohibited and may 
result in the modification, suspension, or revocation of this IHA.
    4. General Conditions.
    a. A copy of this Authorization must be in the possession of Point 
Blue, its designees, and field crew personnel (including research 
collaborators from

[[Page 22514]]

Point Reyes National Seashore and Oikonos--Ecosystem Knowledge) 
operating under the authority of this IHA.
    5. Mitigation Measures.
    The holder of this IHA is required to implement the following 
mitigation measures:
    a. Slow approach to beaches for boat landings to avoid stampede and 
provide animals opportunity to enter water.
    b. Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed.
    c. Avoid visits to sites when pups are present.
    d. Monitor for offshore predators and do not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinus orca) are observed. If Point Blue and/or its designees 
see pinniped predators in the area, they must not disturb the pinnipeds 
until the area is free of predators.
    e. Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    f. Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    g. Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo 
Island if pinnipeds are within view.
    h. Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and coordinate research 
goals for A[ntilde]o Nuevo Island to minimize the number of trips to 
the island.
    i. Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so 
that areas near pinnipeds would be accessed only once per visit.
    j. Require beach landings on A[ntilde]o Nuevo Island only occur 
after any pinnipeds that might be present on the landing beach have 
entered the water.
    k. Operate motorboats slowly with caution during approaches to 
landing sites in order to avoid vessel strikes.
    l. Have the lead biologist serve as an observer to record 
incidental take.
    6. Monitoring.
    The holder of this Authorization is required to:
    a. Record the date, time, and location (or closest point of 
ingress) of each visit to the research site.
    b. Collect the following information for each visit:
    i. Composition of the marine mammals sighted, such as species, 
gender and life history stage (e.g., adult, sub-adult, pup);
    ii. information on the numbers (by species) of marine mammals 
observed during the activities;
    iii. estimated number of marine mammals (by species) that may have 
been harassed during the activities;
    iv. behavioral responses or modifications of behaviors that may be 
attributed to the specific activities and a description of the specific 
activities occurring during that time (e.g., pedestrian approach, 
vessel approach); and
    v. information on the weather, including the tidal state and 
horizontal visibility.
    c. Observers will record marine mammal disturbances according to a 
three-point scale of intensity including:
    (1) 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 au-shaped 
position, changing from a lying to a sitting position, or brief 
movement of less than twice the animal's body length, ``alert'';
    (2) movements in response to 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, ``movement''; and
    (3) all retreats (flushes) to the water, ``flush''.
    (4) Observations of disturbance Levels 2 and 3 will be recorded as 
takes.
    d. If applicable, note observations of marked or tag-bearing 
pinnipeds or carcasses, as well as any rare or unusual species of 
marine mammal.
    e. If applicable, note the presence of any offshore predators 
(date, time, number, and species).
    7. Reporting.
    The holder of this Authorization is required to:
    a. Report observations of unusual behaviors of pinnipeds to the 
NMFS West Coast Region Office so that the appropriate personnel NMFS 
personnel may conduct any potential follow-up observations.
    b. Submit a draft monitoring report to NMFS Office of Protected 
Resources by April 1, 2018 covering the time period of January 1, 2017 
through December 31, 2017. A final report will be prepared and 
submitted within 30 days following resolution of any comments on the 
draft report from NMFS. If no comments are received from NMFS, the 
draft final report will be considered to be the final report
    c. Reporting injured or dead marine mammals:
    i. In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as an injury (Level A harassment), serious injury, or mortality, 
Point Blue will immediately cease the specified activities and report 
the incident to the Office of Protected Resources, NMFS, and the West 
Coast Regional Stranding Coordinator, NMFS. The report must include the 
following information:
    1. Time and date of the incident;
    2. Description of the incident;
    3. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    4. Description of all marine mammal observations and active sound 
source use in the 24 hours preceding the incident;
    5. Species identification or description of the animal(s) involved;
    6. Fate of the animal(s); and
    7. Photographs or video footage of the animal(s).
    Activities will not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with Point Blue to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Point Blue may not 
resume their activities until notified by NMFS.
    ii. In the event that Point Blue discovers an injured or dead 
marine mammal, and the lead observer determines that the cause of the 
injury or death is unknown and the death is relatively recent (e.g., in 
less than a modest state of decomposition), Point Blue will immediately 
report the incident to the Office of Protected Resources, NMFS, and the 
West Coast Regional Stranding Coordinator, NMFS. The report must 
include the same information identified in 6(c)(i) of this IHA. 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with Point Blue to determine whether 
additional mitigation measures or modifications to the activities are 
appropriate.
    iii. In the event that Point Blue discovers an injured or dead 
marine mammal, and the lead observer determines that the injury or 
death is not associated with or related to the activities authorized in 
the IHA (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), Point Blue will report 
the incident to the Office of Protected Resources, NMFS, and the West 
Coast Regional Stranding Coordinator, NMFS, within 24 hours of the 
discovery. Point Blue will provide photographs or video footage or 
other documentation of the stranded animal sighting to NMFS.
    8. This Authorization may be modified, suspended or withdrawn if

[[Page 22515]]

the holder fails to abide by the conditions prescribed herein, or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed taking 
of marine mammals incidental to seabird and pinniped research 
activities in central California. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the request for MMPA authorization.

    Dated: May 11, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09864 Filed 5-15-17; 8:45 am]
BILLING CODE 3510-22-P