[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6842-6848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03099]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF776


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Gull and Climate Research in 
Glacier Bay National Park, Alaska

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

ACTION: Notice; issuance of 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 NMFS has issued an incidental harassment authorization (IHA) to 
the National Park Service to take, by harassment, one species of marine 
mammal incidental to glaucous winged gull and climate monitoring 
research activities in Glacier Bay National Park (GLBA NP), Alaska.

DATES: This IHA is applicable from March 1, 2018 through February 28, 
2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, Office of 
Protected Resources, NMFS, and (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the IHA 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 (as delegated to NMFS) 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 IHA is 
provided to the public for review.
    An IHA for incidental takings shall be granted if NMFS finds that 
the taking will have a negligible impact on the species or stock(s), 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for subsistence uses (where relevant), and if the 
permissible methods of taking and requirements pertaining to the 
mitigation, monitoring and reporting of such takings are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    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).

[[Page 6843]]

Summary of Request

    On August 31 2017, NMFS received a request from the NPS for an IHA 
to take marine mammals incidental to glaucous-winged gull and climate 
monitoring research activities in GLBA NP, Alaska. The application was 
considered adequate and complete on November 1, 2017. NPS's request is 
for take of harbor seals by Level B harassment. NMFS previously issued 
four IHAs to the NPS for similar work (82 FR 24681, May 20, 2017; 81 FR 
34994, June 1, 2016; 80 FR 28229, March 24, 2015; 79 FR 56065, 
September 18, 2014). Neither NPS nor NMFS expect mortality to result 
from the research and, therefore, an IHA is appropriate.

Description of the Specified Activity

    A detailed description of the planned GLBA NP project is provided 
in the Federal Register notice for the proposed IHA (82 FR 56953; 
December 1, 2017). Since that time, no changes have been made to the 
planned activities. Therefore, we provide only a summary here. Please 
refer to that Federal Register notice for the full description of the 
specific activity.
    NPS plans to conduct two research projects within GLBA NP, 
southeast Alaska: (1) Glaucous-winged gull monitoring and (2) the 
installation and maintenance of a weather station operation for long-
term climate monitoring. NPS will conduct ground and vessel surveys at 
four study sites within GLBA NP for gull monitoring: Boulder Island, 
Lone Island, Geikie Rock, and Flapjack Island. These sites will be 
accessed up to five times per year. In addition, NPS will access Lone 
Island an additional four times per year for weather station 
installation, maintenance, and operation bringing the total number of 
site visits to Lone Island to nine. This includes adding one additional 
trip for any emergency repairs that may be needed. Researchers 
accessing the islands for gull monitoring and weather station operation 
may occasionally cause behavioral disturbance (or Level B harassment) 
of harbor seals. NPS expects that the disturbance to harbor seals from 
both projects will be minimal and only limited to Level B harassment.
    The purposes for the above-mentioned research activities are as 
follows. Gull monitoring studies are mandated by a Record of Decision 
of a Legislative Environmental Impact Statement (LEIS) (NPS 2010) which 
states that NPS must initiate a monitoring program for glaucous-winged 
gulls (Larus glaucescens) to inform future native egg harvest by the 
Hoonah Tlingit in Glacier Bay, Alaska. Installation of a new weather 
station on Lone Island is being planned as one of several installations 
intended to fill coverage gaps among existing weather stations in GLBA 
NP (NPS 2015a). These new stations will be operated as the foundation 
of a new long-term climate-monitoring program for GLBA NP.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to the NPS was 
published in the Federal Register on December 1, 2017 (82 FR 56953). 
That notice described, in detail, GLBA NP'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 one comment letter from the Marine Mammal Commission 
(Commission).
    Comment 1: The Commission recommended that NMFS enumerate the 
number of harbor seals that could be taken during the planned 
activities by applying standard rounding rules before summing the 
numbers of estimated takes across survey sites and survey days.
    Response: Calculating predicted take is not an exact science and 
there are arguments for taking different mathematical approaches in 
different situations, and for making qualitative adjustments in other 
situations. NMFS is currently engaged in developing a protocol to guide 
more consistent take calculation given certain circumstances. We 
believe, however, that the methodology for this action remains 
appropriate.

Description of Marine Mammals in the Area of Specified Activities

    A detailed description of the species likely to be affected by the 
NPS project, including brief introductions to the species and relevant 
stocks as well as available information regarding population trends and 
threats, and information regarding local occurrence, are provided in 
NPS's application and the Federal Register notice for the proposed IHA 
(82 FR 56953; December 1, 2017). We are not aware of any changes in the 
status of these species and stocks; therefore, detailed descriptions 
are not provided here. Please refer to that Federal Register notice for 
these descriptions. Please refer to additional species information 
available in the NMFS SARs for Alaska at http://www.nmfs.noaa.gov/pr/sars/region.htm.

                                              Table 1--Marine Mammals That Could Occur in the Project Area
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                                                                                                       Stock abundance
                                                                                 ESA/MMPA  status;     (CV, Nmin, most                     Annual M/SI 3
           Common name                Scientific name            Stock          Strategic  (Y/N) 1     recent abundance         PBR
                                                                                                          survey) 2
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                                                         Order Carnivora--Superfamily Pinnipedia
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                                                      Family Otariidae (eared seals and sea lions)
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Steller's sea lion...............  Eumetopias jubatus..  Eastern U.S.........  -/-; N..............  41,638 (n/a,                    306             236
                                                                                                      41,638, 2015).
                                                         Western U.S.........  E/D; Y..............  50,983.............           2,498             108
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                                                             Family Phocidae (earless seals)
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Harbor seal......................  Phoca vitulina        Glacier Bay/Icy       -/-; N..............  7,210 (n.a.; 5,647;             169             104
                                    richardii.            Strait.                                     2011).
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1 Endangered Species Act (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. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
2 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance.

[[Page 6844]]

 
3 These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
  with estimated mortality due to commercial fisheries is presented in some cases.
Note: Italicized species not authorized for take.

    Both species in Table 1 are protected under the MMPA and the 
Steller sea lion is listed as endangered (Western Distinct Population 
Segment) under the Endangered Species Act (ESA). It was determined that 
take will not occur for Steller sea lions based on available survey 
data and for the fact that NPS will maintain a distance of 100 meters 
from all Steller sea lions in the action area. Therefore, Steller sea 
lions are not discussed further in this IHA.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The Federal Register notice for the proposed IHA (82 FR 56953; 
December 1, 2017) included a discussion of the effects of disturbance 
on marine mammals and their habitat, therefore that information is not 
repeated here; please refer to the Federal Register notice (82 FR 
56953; December 1, 2017) for that information. We provide only a 
summary here.
    The project will not result in permanent impacts to habitats used 
directly by marine mammals, such as haul out sites, nor impacts to food 
sources. Based on the available data, previous monitoring reports from 
GLBA NP, and studies described in the proposed IHA, we anticipate that 
any pinnipeds found in the vicinity of the project could have short-
term behavioral reactions (i.e., may result in marine mammals avoiding 
certain areas) due to noise and visual disturbance generated by: (1) 
Motorboat approaches and departures and (2) human presence during gull 
research activities. We expect pinnipeds to return to a haul out site 
within minutes to hours of the stimulus based on previous research 
(Johnson and Acevedo-Gutierrez, 2007; Allen et al., 1985). Pinnipeds 
may be temporarily displaced from their haul out sites, but we do not 
expect that the pinnipeds will permanently abandon a haul out site 
during site monitoring as activities are short in duration (30 minutes 
to up to 2 hours), and previous surveys have demonstrated that seals 
have returned to their haul out sites and have not permanently 
abandoned the sites.

Estimated Take

    This section provides the amount of take authorized in the IHA, 
which informs both NMFS's consideration of whether the number of takes 
is ``small'' and the negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of 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 will be by Level B harassment only, in the form of 
disruption of behavioral patterns for individual marine mammals 
resulting from exposure to motorboats and the presence of NPS 
personnel. Based on the nature of the activity, Level A harassment is 
neither anticipated nor authorized. As described previously, no 
mortality is anticipated or authorized for this activity. Below we 
describe how the take is estimated.
    Harbor seals may be disturbed when vessels approach or researchers 
go ashore for the purpose of monitoring gull colonies and for the 
installation and maintenance of the Lone Island weather tower. Harbor 
seals tend to haul out in small numbers at study sites. Using 
monitoring report data from 2015 to 2017 (see raw data from Tables 1 of 
the 2017, 2016 and 2015 Monitoring Reports), the average number of 
harbor seals per survey visit was calculated to estimate the 
approximate number of seals observers will find on any given survey 
day. As a result, the following averages were determined for each 
island: Boulder Island--average 3.45 seals, Flapjack Island--average 
10.10 seals, Geikie Rock--average 9.58 seals, and Lone Island average 
of 18.63 seals (See Table 5). Estimated take for gull and climate 
monitoring was calculated by multiplying the average number of seals 
observed during past gull monitoring surveys (2015-2017) by the number 
of total site visits. This includes five visits to Boulder Island, 
Flapjack Island, and Geikie Rock and nine visits to Lone Island (to 
include four site visits for climate monitoring activities). Therefore, 
the total incidents of harassment equals 283 (See Table 5).
    During climate monitoring, which is expected to take place between 
March 2018 to April 2018, and October 2018 to February 2019, seal 
numbers are expected to dramatically decline within the action area. 
Although harbor seal survey data within GLBA NP is lacking during the 
months of October through February, results from satellite telemetry 
studies suggest that harbor seals travel extensively beyond the 
boundaries of GLBA NP during the post-breeding season (September-April) 
(Womble and Gende, 2013b). Therefore, using observation data from past 
gull monitoring activities (that occurred from May to September) is 
applicable when estimating take for climate monitoring activities, as 
it will provide the most conservative estimates.

             Table 2--Level B Takes by Harassment During NPS Gull and Climate Monitoring Activities
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                                   Average number of
         Site for survey          seals observed per    Number of site     Level B take \1\      Percentage of
                                        visit *             visits                                population
----------------------------------------------------------------------------------------------------------------
Boulder Island..................                3.45                   5               17.27                0.24
Flapjack Island.................               10.10                   5               50.50                0.70
Geikie Rock.....................                9.58                   5               47.92                0.66
Lone Island.....................               18.63                ** 9              167.73                2.33
                                                     -----------------------------------------------------------
    Total.......................                      ..................                 283                3.93
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\1\ See Table 3 for NMFS' three-point scale that categorizes pinniped disturbance reactions by severity. NMFS
  only considers responses falling into Levels 2 and 3 as harassment (Level B) under the MMPA.

[[Page 6845]]

 
* Data from 2015-2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017).
** Number includes four additional days for climate monitoring activities.

Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses. NMFS regulations require applicants for IHAs 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 consider 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, as 
well as subsistence uses. This considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range). It further 
considers the likelihood that the measure will be effective if 
implemented (probability of accomplishing the mitigating result if 
implemented as planned) the likelihood of effective implementation 
(probability implemented as planned) and;
    (2) the practicability of the measures for applicant 
implementation, which may consider such things as cost and impact on 
operations.

Mitigation for Marine Mammals and Their Habitat

    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with gull and climate monitoring activities within 
GBLA NP, several mitigation measures for marine mammals were selected 
for the NPS to conduct. The following is a summation of those 
mitigation measures presented in the final IHA:

Pre-Survey Monitoring

    Prior to deciding to land onshore to conduct gull and climate 
monitoring, NPS researchers will use high-powered image stabilizing 
binoculars from their watercraft to document the number, species, and 
location of hauled-out marine mammals at each island. The vessels will 
maintain a distance of 328 to 1,640 ft (100 to 500 m) from the 
shoreline to allow the researchers to conduct pre-survey monitoring. If 
offshore predators, harbor seal pups of less than one week of age, or 
Steller sea lions are observed, researchers will follow the protocols 
for site avoidance discussed below. If neither of these instances 
occur, researchers will then perform a controlled landing on the survey 
site.

Site Avoidance

    If a harbor seal pup less than one week old is observed near or 
within the action area, researchers will not go ashore to conduct the 
gull or climate monitoring activities. Also, if Steller sea lions are 
observed within or near the study site, researchers will maintain a 
distance of at least 100 m from the animals at all times.

Controlled Landings

    The researchers will determine whether to approach the island based 
on type of animals present. Researchers will approach the island by 
motorboat at a speed of approximately 2 to 3 knots (2.3 to 3.4 mph). 
This will provide enough time for any marine mammals present to slowly 
enter the water without panic (flushing). The researchers will also 
select a pathway of approach farthest from the hauled-out harbor seals 
to minimize disturbance.

Minimize Predator Interactions

    If the researchers visually observe marine predators (i.e., killer 
whales) present in the vicinity of hauled-out marine mammals, the 
researchers will not approach the study site.

Disturbance Reduction Protocols

    While onshore at study sites, the researchers will remain vigilant 
for hauled-out marine mammals. If marine mammals are present, the 
researchers will move slowly and use quiet voices to minimize 
disturbance to the animals present.
    Based on our evaluation of the applicant's measures, as well as 
other measures considered by NMFS, NMFS has determined that the 
mitigation measures provide the means of effecting the least 
practicable impact on marine mammal species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, 
areas of similar significance, and on the availability of such species 
or stock for subsistence uses.

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 ensuring that the most value is obtained from the 
required monitoring.
    GLBANP submitted a marine mammal monitoring plan in section 13 of 
their application. Monitoring requirement NMFS prescribes shall improve 
our 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.

[[Page 6846]]

    NPS will conduct marine mammal monitoring during the project, in 
order to implement the mitigation measures that require real-time 
monitoring and to gain a better understanding of marine mammals and 
their impacts to the project's activities. The researchers will monitor 
the area for pinnipeds during all research activities. Monitoring 
activities will consist of conducting and recording observations of 
pinnipeds within the vicinity of the proposed research areas. The 
monitoring notes will provide dates, location, species, the 
researcher's activity, behavioral state, numbers of animals that were 
alert or moved greater than one meter, and numbers of pinnipeds that 
flushed into the water.
    The method for recording disturbances is based on those developed 
by Mortenson (1996). NPS will record disturbances on a three-point 
scale that represents an increasing seal response to the disturbance 
(Table 3). NPS will record the time, source, and duration of the 
disturbance, as well as an estimated distance between the source and 
haul out. NMFS considers only responses falling into Levels 2 and 3 as 
harassment under the MMPA.

                  Table 3--Seal Response to 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. Alerts will
                                                     be recorded, but
                                                     not counted as a
                                                     `take'.
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. These
                                                     movements will be
                                                     recorded and
                                                     counted as a
                                                     `take'.
3.......................  Flush...................  All retreats
                                                     (flushes) to the
                                                     water. Flushing
                                                     into the water will
                                                     be recorded and
                                                     counted as a
                                                     `take'.
------------------------------------------------------------------------

Previous Monitoring Results

    As described in the notice of proposed IHA, NPS has complied with 
the monitoring requirements under the previous authorizations. NMFS 
posted the 2017 report on our website at www.nmfs.noaa.gov/pr/permits/incidental/research.htm and the results from the previous NPS 
monitoring reports. These reports support our findings that the 
mitigation measures required under the 2014-2017 IHAs provide the means 
of effecting the least practicable impact on the species or stock.

Coordination

    NPS will add to the knowledge of pinnipeds in the proposed action 
area by noting observations of: (1) Unusual behaviors, numbers, or 
distributions of pinnipeds, such that any potential follow-up research 
can be conducted by the appropriate personnel; (2) tag-bearing 
carcasses of pinnipeds, allowing transmittal of the information to 
appropriate agencies and personnel; and (3) rare or unusual species of 
marine mammals for agency follow-up. NPS actively monitors harbor seals 
at breeding and molting haul out locations to assess trends over time 
(e.g., Mathews & Pendleton, 2006; Womble et al. 2010, Womble and Gende, 
2013b). This monitoring program involves collaborations with biologists 
from the Alaska Department of Fish and Game, and NMFS' Alaska Fisheries 
Science Center. NPS will continue these collaborations and encourage 
continued or renewed monitoring of marine mammal species. NPS will 
coordinate with state and Federal marine mammal biologists to determine 
what additional data or observations may be useful for monitoring 
marine mammals and haul outs in GLBA NP. Additionally, NPS will report 
vessel-based counts of marine mammals, branded, or injured animals, and 
all observed disturbances to the appropriate state and Federal 
agencies.

Reporting

    NPS is required to submit a draft monitoring report to NMFS no 
later than 90 days after the expiration of the Incidental Harassment 
Authorization or sixty days prior to the issuance of any subsequent IHA 
for this project, whichever comes first. The report will include a 
summary of the information gathered pursuant to the monitoring 
requirements set forth in the Authorization. NPS will submit a final 
report to NMFS within 30 days after receiving comments on the draft 
report. If NPS receives no comments from NMFS on the report, NMFS will 
consider the draft report to be the final report.
    The report will describe the operations conducted and sightings of 
marine mammals near the proposed project. The report will provide full 
documentation of methods, results, and interpretation pertaining to all 
monitoring. The report will provide:
    1. A summary and table of the dates, times, and weather during all 
research activities;
    2. Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities;
    3. An estimate of the number (by species) of marine mammals exposed 
to acoustic or visual stimuli associated with the research activities; 
and
    4. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the Authorization and full 
documentation of methods, results, and interpretation pertaining to all 
monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), NPS shall 
immediately cease the specified activities and immediately report the 
incident to the Office of Protected Resources, NMFS and the Alaska 
Regional Stranding Coordinator. The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including tide 
level if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    NPS shall not resume its activities until NMFS is able to review 
the circumstances of the prohibited take. NMFS will work with NPS to 
determine what is necessary to minimize the likelihood of further 
prohibited take and

[[Page 6847]]

ensure MMPA compliance. NPS may not resume their activities until 
notified by us via letter, email, or telephone.
    In the event that NPS discovers an injured or dead marine mammal, 
and the lead researcher determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition as we describe in the next 
paragraph), NPS will immediately report the incident to the Office of 
Protected Resources, NMFS and the Alaska Regional Stranding 
Coordinator. The report must include the same information identified in 
the paragraph above this section. Activities may continue while we 
review the circumstances of the incident. We will work with NPS to 
determine whether modifications in the activities are appropriate.
    In the event that NPS discovers an injured or dead marine mammal, 
and the lead visual observer determines that the injury or death is not 
associated with or related to the authorized activities (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), NPS will report the incident to 
the incident to the Office of Protected Resources, NMFS and the Alaska 
Regional Stranding Coordinator within 24 hours of the discovery. NPS 
researchers will provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting to us. NPS can 
continue their research activities.

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).
    Due to the project's minimal levels of visual and acoustic 
disturbance, NMFS does not expect NPS's specified activities to cause 
long-term behavioral disturbance, abandonment of the haul out area, 
injury, serious injury, or mortality. Additional factors for our 
negligible impact determination are listed below:
     The takes from Level B harassment will be due to potential 
behavioral disturbance. The effects of the research activities will be 
limited to short-term startle responses and localized behavioral 
changes due to the short and sporadic duration of the research 
activities;
     The proposed activities will not take place in areas of 
significance for marine mammal feeding, resting, breeding, or pupping 
and will not adversely impact marine mammal habitat;
     The proposed activities will affect a small portion of 
harbor seal habitat within GLBA NP for only a short amount of time. 
This, combined with a large availability of alternate areas for 
pinnipeds to haul out enables the seals to effectively avoid 
disturbances from research operations;
     Anecdotal observations and results from previous 
monitoring reports show that the pinnipeds returned to the various 
sites and did not permanently abandon haul out sites after NPS 
conducted their research activities; and
     Harbor seals may flush in the water despite researchers' 
best efforts to keep calm and quiet around seals; however, injury or 
mortality has never been documented nor is anticipated from flushing 
events. Researchers will approach study sites slowly to provide enough 
time for any marine mammals present to slowly enter the water without 
panic.
    As stated, NMFS does not anticipate any injuries, serious injuries, 
or mortalities to result from NPS's proposed activities and we do not 
propose to authorize injury, serious injury, or mortality. Harbor seals 
may exhibit behavioral modifications, including temporarily vacating 
the area during the proposed gull and climate research activities to 
avoid human disturbance. Further, these proposed activities will not 
take place in areas of significance for marine mammal feeding, resting, 
breeding, or pupping and will not adversely impact marine mammal 
habitat. Due to the nature, degree, and context of the behavioral 
harassment anticipated, we do not expect the activities to impact 
annual rates of recruitment or survival.
    NMFS does not expect pinnipeds to permanently abandon any area 
surveyed by researchers, as is evidenced by continued presence of 
pinnipeds at the sites during annual gull monitoring. In summary, NMFS 
anticipates that impacts to hauled-out harbor seals during NPS' 
research activities will be behavioral harassment of limited duration 
(i.e., up to two hours per visit) and limited intensity (i.e., 
temporary flushing at most).
    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, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    As mentioned previously, NMFS estimates that NPS' activities could 
potentially affect, by Level B harassment only, one species of marine 
mammal under our jurisdiction. For harbor seals, this estimate is small 
(3.93 percent, see Table 4) relative to the Glacier Bay/Icy Strait 
stock of harbor seals (7,210 seals, see Table 1). In addition to this, 
there is a high probability that repetitive takes of the same animals 
may occur which reduces the percentage of population even further.

[[Page 6848]]

    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 subsistence uses of the affected marine mammal stocks 
or species implicated by this action. NPS prohibits subsistence harvest 
of harbor seals within the GLBA NP (Catton, 1995). Therefore, NMFS has 
determined that the total taking of affected species or stocks will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.

National Environmental Policy Act

    Issuance of an MMPA 101(a)(5)(D) authorization requires compliance 
with the National Environmental Policy Act.
    NMFS determined the issuance of the proposed IHA is consistent with 
categories of activities identified in CE B4 (issuance of incidental 
harassment authorizations under section 101(a)(5)(A) and (D) of the 
MMPA for which no serious injury or mortality is anticipated) of the 
Companion Manual for NAO 216-6A and we have not identified any 
extraordinary circumstances listed in Chapter 4 of the Companion Manual 
for NAO 216-6A that would preclude this categorical exclusion.

Endangered Species Act (ESA)

    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.

Authorization

    NMFS has issued an IHA to the NPS at Glacier Bay NP for the 
harassment of small numbers of harbor seals incidental to conducting 
monitoring and research studies on glaucous-winged gulls within GLBA 
NP, Alaska provided the previously mentioned mitigation, monitoring, 
and reporting requirements are incorporated.

    Dated: February 9, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-03099 Filed 2-14-18; 8:45 am]
BILLING CODE 3510-22-P