[Federal Register Volume 82, Number 130 (Monday, July 10, 2017)]
[Notices]
[Pages 31759-31765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14390]



[[Page 31759]]

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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 Research Activities in 
Central 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 
Point Blue Conservation Science (Point Blue) to incidentally harass 
four species of marine mammals during seabird research activities in 
central California.

DATES: This authorization is valid from July 7, 2017 through July 6, 
2018

FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected 
Resources, NMFS, (301) 427-8408.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of Point Blue's application and supporting 
documents, as well as a list of the references cited in this document, 
may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of problems accessing these documents, please 
call the contact listed above (see FOR FURTHER INFORMATION CONTACT).

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 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 Marine Sanctuary. We considered the 
application adequate and complete on April 7, 2017.
    These proposed activities would occur in the vicinity of pinniped 
haul-out sites and could result in the incidental take of marine 
mammals. Species with the expected potential to be present include 
California sea lions (Zalophus californianus), Pacific harbor seals 
(Phoca vitulina), northern elephant seals (Mirounga angustirostris), 
and Steller sea lions (Eumetopias jubatus).

Description of Specified Activities

Overview

    We provided a description of the proposed action in our Federal 
Register notice announcing the proposed authorization (82 FR 22504; May 
16, 2017). Please refer to that document; we provide only summary 
information here.
    Point Blue proposes to monitor and census seabird colonies; observe 
seabird nesting habitat; restore nesting burrows; 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. Level B take may occur due 
to incidental disturbance of pinnipeds by researchers during 
monitoring.

Dates and Duration

    The authorization would be effective from July 7, 2017 through July 
6, 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 to early August each year 
to conduct observational studies on breeding common murres. Boat 
landings to re-supply the field station, lasting one-three hours, are 
conducted once every two weeks at one of 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. Research at PRNS is conducted 
year round, 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. 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).

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

[[Page 31760]]

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.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to Point Blue was 
published in the Federal Register on May 16, 2017 (82 FR 22504). That 
notice described, in detail, Point Blue's activity, the marine mammal 
species that may be affected by the activity, and the anticipated 
effects on marine mammals. During the 30-day public comment period, 
NMFS received only one comment letter, from the Marine Mammal 
Commission (Commission). The Commission's recommendations and our 
responses are provided here, and the comments have been posted online 
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. Please 
see the Commission's letter for background and rationale regarding the 
recommendations, which are listed below.
    Comment: The Commission clarified with NMFS that it should be 
authorizing, and Point Blue should be reporting, only takes of pinn 
peds incidental to conducting the various seabird research and resupply 
activities. All directed taking to prevent damage to critical 
infrastructure and to ensure human safety (including moving pinnipeds 
from paths, parking lots, and boat ramps) should be conducted in 
accordance with the authorities available under sections 101(a)(4) or 
109(h) of the MMPA.
    Response: NMFS agrees with this assessment and confirmed that Point 
Blue will only be only reporting takes that are incidental to seabird 
research and resupply activities. Directed takes are not authorized and 
will not be reported under this IHA.

Description of Marine Mammals in the Area of Specified Activities

    There are four marine mammal species known to occur in the vicinity 
of the project area. We reviewed Point Blue's detailed species 
descriptions, including life history information, for accuracy and 
completeness and refer the reader to Section 3 of Point Blue's 
application as well as our notice of proposed IHA published in the 
Federal Register (82 FR 22504; May 16, 2017). Please also refer to 
NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals) for generalized 
species accounts that provide information regarding the biology and 
behavior of the marine resources that occur in proximity to the project 
area.
    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. 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/).

                   Table 1--Marine Mammals Potentially Present in the Vicinity of Study Areas
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                                                                                    Stock abundance
                                                                      ESA/MMPA     (CV, Nmin,  most
           Species              Scientific name        Stock           status;     recent abundance    PBR \3\
                                                                   strategic  (Y/     survey) \2\
                                                                       N) \1\
----------------------------------------------------------------------------------------------------------------
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 angus    California        -; N            179,000 (n/a;           4,882
                                tirostris.        breeding stock.                   81,368; 2010).
----------------------------------------------------------------------------------------------------------------
\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).


[[Page 31761]]

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of seabird researchers at the specified locations have 
the potential to result in harassment of marine mammals in the vicinity 
of the action area. The Federal Register notice for the proposed IHA 
(82 FR 22504; May 16, 2017) included a discussion of the effects of 
Level B harassment on marine mammals. Therefore, that information is 
not repeated here; please refer to the Federal Register notice for that 
information. No instances of serious injury or mortality are expected 
as a result of the specified activities.

Estimated Take

    This section includes an estimate of the number of incidental 
``takes'' permitted 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 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. 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 2017-2018 IHA as is shown 
in Table 2.

                  Table 2--Past Reported Take Observations and Estimated Take for 2017-2018 Point Blue Conservation Science Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Reported take observations from past seasons \1\
                                         ------------------------------------------------------------------------------------    Annual       Projected
                 Species                  IHA 1 (2007-  IHA 2 (2008-  IHA 3 (2011-  IHA 4 (2012-  IHA 5 (2014-  IHA 6 (2015-    projected    take  2017-
                                              2008)         2009)         2012)         2013)         2015)         2016)       increase      2018 IHA
--------------------------------------------------------------------------------------------------------------------------------------------------------
California Sea Lions....................           744           747         3,610         2,254         4,646    \2\ 36,397        11,223    \3\ 40,140
                                                                                                                                                (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 2016-2017 IHA (53,538). 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 three 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 1,000 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 2017-2018 IHA. NMFS will conservatively add 15 
percent to the estimated 2016 yearly total to arrive at an authorized 
take of 40,140 California sea lions for the 2017-2018 IHA.

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

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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 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 will 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.
    (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 determined that the 
prescribed 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.

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 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.

[[Page 31763]]



           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 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

[[Page 31764]]

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 support 
our 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 finds 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 
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 Level B Take, and Percentage of Population
                                                That May Be Taken
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                Species                           Stock                Stock       Total Level B     stock or
                                                                     abundance         take         population
----------------------------------------------------------------------------------------------------------------
California sea lion...................  U.S.....................         296,750          40,140            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 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)

    Issuance of an MMPA authorization requires compliance with the ESA. 
No incidental take of ESA-listed species is authorized 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.

[[Page 31765]]

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 determined that the issuance of the 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.

Authorization

    NMFS has issued an IHA to Point Blue for the potential harassment 
of small numbers of marine mammals incidental to seabird research 
activities in central California, provided the previously mentioned 
mitigation, monitoring and reporting.

    Dated: July 5, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-14390 Filed 7-7-17; 8:45 am]
BILLING CODE 3510-22-P