[Federal Register Volume 83, Number 41 (Thursday, March 1, 2018)]
[Notices]
[Pages 8841-8853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-04147]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF831


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Lighthouse Repair and Tour 
Operations at Northwest Seal Rock, California

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

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

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SUMMARY: NMFS has received a request from the St. George Reef 
Lighthouse Preservation Society (Society) for authorization to take 
marine mammals incidental to conducting aircraft operations, lighthouse 
renovation, light maintenance activities, and tour operations on the 
St. George Reef Lighthouse Station on Northwest Seal Rock (NWSR) in the 
northeast Pacific Ocean. Pursuant to the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to issue an 
incidental harassment authorization (IHA) to incidentally take marine 
mammals during the specified activities. NMFS will consider public 
comments prior to making any final decision on the issuance of the 
requested MMPA authorizations and agency responses will be summarized 
in the final notice of our decision.

DATES: Comments and information must be received no later than April 2, 
2018.

ADDRESSES: Comments 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 online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities 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: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. 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 (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 
authorization is provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . 
an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    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).

National Environmental Policy Act

    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 (i.e., the issuance of an 
incidental harassment authorization) with respect to potential impacts 
on the human environment. This action is consistent with categories of 
activities identified in Categorical Exclusion B4 (incidental 
harassment authorizations with no anticipated serious injury or 
mortality) 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. Accordingly, NMFS has 
preliminarily determined that the issuance of the proposed IHA 
qualifies to be categorically excluded from further NEPA review.
    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.

Summary of Request

    On October 18, 2017, NMFS received a request from the Society for 
an IHA to take marine mammals incidental to restoration, maintenance, 
and tour operations at St. George Reef Lighthouse (Station) located on 
Northwest Seal Rock (NWSR) offshore of Crescent City, California in the 
northeast Pacific Ocean. NMFS determined the application adequate and 
complete on January 17, 2018. The Society's request is for take of 
California sea lions (Zalophus californianus), Steller sea lions 
(Eumetopias jubatus), northern fur seals (Callorhinus ursinus) and 
Pacific harbor seals (Phoca vitulina richardii) by Level B harassment 
only. Neither the Society nor NMFS expects serious injury or mortality 
to result from this activity and, therefore, an IHA is appropriate.

[[Page 8842]]

    NMFS has previously issued seven IHA's to the Society for similar 
work between 2010 and 2017 (75 FR 4774, January 29, 2010; 76 FR 10564, 
February 25, 2011; 77 FR 8811, February 15, 2012; 78 FR 71576, November 
29, 2013; 79 FR 6179, February 3, 2014; 81 FR 9440, February 23, 2016; 
and 82 FR 11005, February 17, 2017). The Society complied with all the 
requirements (e.g., mitigation, monitoring, and reporting) of the 
previous IHAs and information regarding their monitoring results may be 
found in the Estimated Take section.

Description of Proposed Activity

Overview

    The Station, listed in the National Park Service's National 
Register of Historic Places, is located on NWSR offshore of Crescent 
City, California in the northeast Pacific Ocean. The Station, built in 
1892, rises 45.7 meters (m) (150 feet (ft)) above sea level. The 
structure consists of hundreds of granite blocks topped with a cast 
iron lantern room and covers much of the surface of the islet. The 
purpose of the project is to restore the lighthouse, to conduct tours, 
and to conduct annual and emergency maintenance on the Station's 
optical light system.
    The Society proposes to conduct aircraft operations, lighthouse 
renovation, and periodic maintenance on the Station's optical light 
system on a monthly basis. The proposed activity would occur on a 
monthly basis over one weekend, November through April. The Society 
currently has an IHA that is valid through February 18, 2018. This IHA 
would start on February 19, 2018, to avoid a lapse in authorization, 
and would be valid for one year. The following specific aspects of the 
proposed activities would likely result in the take of marine mammals: 
Acoustic and visual stimuli from (1) helicopter landings/takeoffs; (2) 
noise generated during restoration activities (e.g., painting, 
plastering, welding, and glazing); (3) maintenance activities (e.g., 
bulb replacement and automation of the light system); and (4) human 
presence. Thus, NMFS anticipates that take, by Level B harassment only, 
of California sea lions, Pacific harbor seals, Steller sea lions of the 
eastern U.S. Stock, and northern fur seals could result from the 
specified activity.

Dates and Duration

    The Society proposes to conduct the activities (aircraft 
operations, lighthouse restoration and maintenance activities, and 
public tours) at a maximum frequency of one session per month. The 
proposed duration for each session would last no more than three days 
(e.g., Friday, Saturday, and Sunday). The proposed IHA, if issued, 
would be effective from February 19, 2018 through February 18, 2019, 
with restrictions on the Society conducting activities from May 1, 2018 
to October 31, 2018. The Society proposes to visit the Station for six 
three-day sessions for a total of 18 days over the course of the work 
window. NMFS refers the reader to the Detailed Description of Specific 
Activity section for more information on the scope of the proposed 
activities.

Specific Geographic Region

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

Detailed Description of Specific Activity

    Aircraft Operations--Because NWSR has no safe landing area for 
boats, the proposed restoration, maintenance, and touring activities 
would require the Society to transport work personnel, equipment, and 
tourists from the California mainland to NWSR by a small helicopter. 
Helicopter landings take place on top of the engine room (caisson) 
which is approximately 15 m (48 ft) above the surface of the rocks on 
NWSR. The landing zone has been relocated closer to the edge of the 
caisson, increasing the distance of the rotor from the lighthouse tower 
by the required footage. The Society plans to charter a Robinson R66 
helicopter, owned and operated by Air Shasta Rotor and Wing, LLC. The 
Robinson R66, which seats three passengers and one pilot, is a compact-
sized (1,225 kilograms (kg), 2,700 pounds (lbs)) helicopter with two-
bladed main and tail rotors. Both sets of rotors are fitted with noise-
attenuating blade tip caps that would decrease flyover noise.
    The Society proposes to transport no more than 12 work crew members 
and equipment to NWSR for each session and estimates that each session 
would require no more than 30 helicopter landings/takeoffs per month 
(see below for number per day). During landing, the helicopter would 
land on the caisson to allow the work crew members to disembark and 
retrieve their equipment located in a basket attached to the underside 
of the helicopter. The helicopter would then return to the mainland to 
pick up additional personnel and equipment.
    Proposed Schedule: The Society would conduct a maximum of eight 
flights (four arrivals and four departures) for the first day. The 
first flight would depart from Crescent City Airport no earlier than 
8:30 a.m. for a 6-minute flight to NWSR. The helicopter would land and 
takeoff immediately after offloading personnel and equipment every 20 
minutes (min). The total duration of the first day's aerial operations 
could last for approximately four hours (hrs) and would end at 
approximately 12:30 p.m. Crew members would remain overnight at the 
Station and would not return to the mainland on the first day.
    For the second day, the Society would conduct a maximum of four 
flights (two arrivals and two departures) to transport additional 
materials on and off the islet, if needed. The first flight would 
depart from Crescent City Airport at 9 a.m. for a 6-min flight to NWSR. 
The total duration of the second day's aerial operations could last up 
to three hrs. Second-day operations are only conducted if needed; 
flights on the second day do not normally occur.
    For the final day of operations, on dates when no public tours are 
planned, the Society could conduct a maximum of eight helicopter 
flights (four arrivals and four departures) to transport the remaining 
crew members and equipment/material back to the Crescent City Airport. 
The total duration of the third day's helicopter operations in support 
of restoration could last up to two hrs.
    Lighthouse Restoration Activities--Restoration and maintenance 
activities would involve the removal of peeling paint and plaster, 
restoration of interior plaster and paint, refurbishing structural and 
decorative metal, reworking original metal support beams throughout the 
lantern room and elsewhere, replacing glass as necessary, upgrading the 
present electrical system; and annual light beacon maintenance.
    Public Tours--The Society began conducting public tours to the 
lighthouse by helicopter in 1998 in conjunction with restoration 
activities and proposes to conduct public tours at the Station during 
the last day of the proposed restoration session each month. Visitors 
touring the Station would be transported by helicopter during the 
Sunday work window period. The maximum number of expected tourists is 
36 people per tour day. The total number of helicopter trips on a tour 
day (Sunday) is estimated at 34 (17 arrivals and 17 departures), all 
between the hours of 8:30 a.m. to 2 p.m. It is expected that each 
flight would land every 15-20 minutes. Thus, the

[[Page 8843]]

total duration of the last day's aerial operations, including the 
restoration and maintenance activities described previously (two hour 
duration) would last for approximately five hours and 30 minutes. The 
scheduled duration of each visit is one hour per tour group. The last 
tour group would leave the island before 2:00 p.m. Return trips from 
the lighthouse to the mainland would include construction workers, 
equipment, and tourists.
    Emergency Light Maintenance--If the beacon light fails, the Society 
proposes to send a crew of two to three people to the Station by 
helicopter to repair the beacon light. For each emergency repair event, 
the Society proposes to conduct a maximum of four flights (two arrivals 
and two departures) to transport equipment and supplies. The helicopter 
may remain on site or transit back to shore and make a second landing 
to pick up the repair personnel.
    In the case of an emergency repair between May 1, 2018, and October 
31, 2018, the Society would consult with the NMFS' West Coast Regional 
Office (WRO) biologists to best determine the timing of the trips to 
the lighthouse, on a case-by-case basis, based upon the existing 
environmental conditions and the abundance and distribution of any 
marine mammals present on NWSR. The regional biologists would have 
real-time knowledge regarding the animal use and abundance of the NWSR 
at the time of the repair request and would make a decision regarding 
when the Society could conduct trips to the lighthouse during the 
emergency repair time window that would have the least practicable 
adverse impact to marine mammals. The WRO biologists would also ensure 
that the Society's request for incidental take during emergency repairs 
would not exceed the number of incidental take authorized in the 
proposed IHA.
    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see ``Proposed 
Mitigation'' and ``Proposed Monitoring and Reporting'').

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SAR; https://www.fisheries.noaa.gov/topic/population-assessments/marine-mammals) and 
more general information about these species (e.g., physical and 
behavioral descriptions) may be found on NMFS's website (https://www.fisheries.noaa.gov/find-species).
    Table 1 lists all species with expected potential for occurrence in 
the vicinity of NWSR and summarizes information related to the 
population or stock, including regulatory status under the MMPA and 
Endangered Species Act (ESA) and potential biological removal (PBR), 
where known. For taxonomy, we follow Committee on Taxonomy (2016). PBR 
is 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 (as described in NMFS's SARs). While no mortality is 
anticipated or authorized here, PBR and annual serious injury and 
mortality from anthropogenic sources are included here as gross 
indicators of the status of the species and other threats.
    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 or survey 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. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. 2016 SARs (e.g., Carretta et al., 2017; Muto et al., 2017). 
All values presented in Table 1 are the most recent available at the 
time of publication and are available in the 2016 SARs (Carretta et 
al., 2017; Muto et al., 2017).

                                             Table 1--Marine Mammals in the Vicinity of Northwest Seal Rock
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                                                                                                       Stock abundance
                                                                                 ESA/MMPA status;      (CV, Nmin, most                     Annual  M/SI
           Common name                Scientific name            Stock           strategic  (Y/N)     recent abundance          PBR             \3\
                                                                                       \1\               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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California sea lion..............  Zalophus              U.S.................  -; N                 296,750 (n/a;                  9,200             389
                                    californianus.                                                   153,337; 2011).
Steller sea lion.................  Eumetopias jubatus..  Eastern U.S.........  -; N                 41,638 (n/a; 41,638;           2,498             108
                                                                                                     2015).
Northern fur seal................  Callorhinus ursinus.  California Breeding.  -; N                 14,050 (n/a; 7,524;              451             1.8
                                                                                                     2013).
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                                                             Family Phocidae (earless seals)
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Pacific harbor seal..............  Phoca vitulina        California..........  -; N                 30,968 (n/a; 27,348;           1,641              43
                                    richardii.                                                       2012).
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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. In some cases, CV is not applicable [explain if this is the case]
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality (M) plus serious injury (SI) 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.


[[Page 8844]]

    All species that could potentially occur in the proposed activity 
area are included in Table 1. As described below, all four species 
temporally and spatially co-occur with the activity to the degree that 
take is reasonably likely to occur, and we have proposed authorizing 
it.

Eastern Distinct Population Segment of Steller Sea Lions

    Steller sea lions consist of two distinct population segments: The 
western and eastern distinct population segments (eDPS and wDPS, 
respectively) divided at 144[deg] West longitude (Cape Suckling, 
Alaska). The western segment of Steller sea lions inhabit central and 
western Gulf of Alaska, Aleutian Islands, as well as coastal waters and 
breed in Asia (e.g., Japan and Russia). The eastern segment includes 
sea lions living in southeast Alaska, British Columbia, California, and 
Oregon. The eDPS includes animals born east of Cape Suckling, AK 
(144[deg] W) (Muto et al., 2017).
    Steller sea lions range along the North Pacific Rim from northern 
Japan to California (Loughlin et al., 1984), with centers of abundance 
and distribution in the Gulf of Alaska and Aleutian Islands, 
respectively. The species is not known to migrate, but individuals 
disperse widely outside of the breeding season (late May through early 
July), thus potentially intermixing with animals from other areas.
    The eDPS of Steller sea lions breeds on rookeries located in 
southeast Alaska, British Columbia, Oregon, and California. Steller sea 
lions give birth in May through July and breeding commences a couple of 
weeks after birth. Pups are weaned during the winter and spring of the 
following year.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (Trujillo et al., 
2004; Hoffman et al., 2006). A northward shift in the overall breeding 
distribution has occurred, with a contraction of the range in southern 
California and new rookeries established in southeastern Alaska 
(Pitcher et al., 2007). Overall, counts of non-pups at trend sites in 
California and Oregon have been relatively stable or increasing slowly 
since the 1980s (Allen and Angliss 2012).
    Steller sea lion numbers at NWSR ranged from 20 to 355 animals (CCR 
2001). Counts of Steller sea lions during the spring (April-May), 
summer (June-August), and fall (September-October), averaged 68, 110, 
and 56, respectively (CCR 2001). A multi-year survey at NWSR between 
2000 and 2004 showed Steller sea lion numbers ranging from 175 to 354 
in July (M. Lowry, NMFS/SWFSC, unpubl. data). The Society presumes that 
winter use of NWSR by Steller sea lion to be minimal, due to inundation 
of the natural portion of the island by large swells.

California Sea Lion

    The current maximum population growth rate for California sea lions 
is 12 percent (Carretta et al., 2015). California sea lion breeding 
areas are on islands located in southern California, in western Baja 
California, Mexico, and the Gulf of California. During the breeding 
season, most California sea lions inhabit southern California and 
Mexico. Rookery sites in southern California are limited to the San 
Miguel Islands and the southerly Channel Islands of San Nicolas, Santa 
Barbara, and San Clemente (Carretta et al., 2015). Males establish 
breeding territories during May through July on both land and in the 
water. Females come ashore in mid-May and June where they give birth to 
a single pup approximately four to five days after arrival and will 
nurse pups for about a week before going on their first feeding trip. 
Females will alternate feeding trips with nursing bouts until weaning 
between four and 10 months of age (Allen and Angliss 2010).
    Adult and juvenile males will migrate as far north as British 
Columbia, Canada while females and pups remain in southern California 
waters in the non-breeding season. In warm water (El Ni[ntilde]o) 
years, some females range as far north as Washington and Oregon, 
presumably following prey.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the Society. They reported 
that counts of California sea lions on NWSR varied greatly (from 6 to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April-May), summer (June-August), and fall (September-October), 
averaged 60, 154, and 235, respectively (CCR 2001).

Northern Fur Seal

    Northern fur seals occur from southern California north to the 
Bering Sea and west to the Sea of Okhotsk and Honshu Island of Japan. 
NMFS recognizes two separate stocks of northern fur seals within U.S. 
waters: An Eastern Pacific stock distributed among sites in Alaska, 
British Columbia; and a California stock (including San Miguel Island 
and the Farallon Islands).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental United States, but individuals 
occasionally come ashore on islands well offshore (i.e., Farallon 
Islands and Channel Islands in California). During the breeding season, 
approximately 45 percent of the worldwide population inhabits the 
Pribilof Islands in the Southern Bering Sea, with the remaining animals 
spread throughout the North Pacific Ocean (Caretta et al., 2015).
    CCR observed one male northern fur seal on Northwest Seal Rock in 
October, 1998 (CCR 2001). It is possible that a few animals may use the 
island more often than indicated by the CCR surveys, if they were 
mistaken for other otariid species (i.e., eared seals or fur seals and 
sea lions) (M. DeAngelis, NMFS, pers. comm., 2007).

Pacific Harbor Seal

    Harbor seals are widely distributed in the North Atlantic and North 
Pacific. Two subspecies exist in the Pacific: Phoca vitulina stejnegeri 
in the western North Pacific, near Japan, and P. v. richardii in the 
eastern North Pacific. The latter subspecies inhabits coastal and 
estuarine areas from Mexico to Alaska (Carretta et al., 2014) and is 
the only stock present in the action area. Previous assessments of the 
status of harbor seals have recognized three stocks along the west 
coast of the continental U.S.: (1) California, (2) Oregon and 
Washington outer coast waters, and (3) inland waters of Washington; 
however, the exact placement of the boundary was arbitrary.
    In California, over 500 harbor seal haul out sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Females nurse their 
pups for an average of 24 days and pups are ready to swim minutes after 
being born. Harbor seal pupping takes place at many locations and 
rookery size varies from a few pups to many hundreds of pups. The 
nearest harbor seal rookery relative to the proposed project site is at 
Castle Rock National Wildlife Refuge, located approximately located 965 
m (0.6 mi) south of Point St. George, and 2.4 km (1.5 mi) north of the 
Crescent City Harbor in Del Norte County, California

[[Page 8845]]

(USFWS 2007). CCR noted that harbor seal use of NWSR was minimal, with 
only one sighting of a group of six animals, during 20 observation 
surveys (CCR 2001). They hypothesized that harbor seals may avoid the 
islet because of its distance from shore, relatively steep topography, 
and full exposure to rough and frequently turbulent sea swells.

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 includes a quantitative analysis of the number 
of individuals that are expected to be taken by this activity. The 
Negligible Impact Analysis and Determination section considers 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.
    Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) restoration activities (e.g., painting, plastering, 
welding, and glazing); (3) maintenance activities (e.g., bulb 
replacement and automation of the light system); and (4) human presence 
may have the potential to cause behavioral disturbance.
    Aircraft Presence and Noise--This section includes a brief 
explanation of the sound measurements frequently used in the 
discussions of acoustic effects in this notice. Sound pressure is the 
sound force per unit area, and is usually measured in micropascals 
([micro]Pa), where 1 pascal (Pa) is the pressure resulting from a force 
of one newton exerted over an area of one square meter. Sound pressure 
level (SPL) is the ratio of a measured sound pressure and a reference 
level. The commonly used reference pressure is 1 [micro]Pa for under 
water, and the units for SPLs are dB re: 1 [micro]Pa. The commonly used 
reference pressure is 20 [micro]Pa for in air, and the units for SPLs 
are dB: 20 [micro]Pa.

SPL (in decibels (dB)) = 20 log (pressure/reference pressure).

    SPL is an instantaneous measurement expressed as the peak, the 
peak-peak, or the root mean square (rms). Root mean square is the 
square root of the arithmetic average of the squared instantaneous 
pressure values. All references to SPL in this document refer to the 
rms unless otherwise noted. SPL does not take into account the duration 
of a sound.
    Noise testing on the Robinson R66 Helicopter, as required for 
Federal Aviation Administration (FAA) approval, required an overflight 
at 150 m (492 ft) above ground level, 109 knots and a maximum gross 
weight of 1,225 kg (2,700 lbs). The noise level measured on the ground 
at this distance and speed was 84.5 dB re: 20 [micro]Pa (A-weighted). 
FAA testing also measured the sound levels on the ground for a typical 
helicopter takeoff and approach as 87.8 dB re: 20 [micro]Pa (A-
weighted) (Robinson 2017). Based on this information, we expect that 
the received sound levels at the landing area on the Station's caisson 
would be between 84.5 and 87.8 dB re: 20 [micro]Pa (A-weighted). These 
sound levels are below the NMFS behavioral threshold for airborne 
pinniped disturbance (90 dB for harbor seals and 100dB for all other 
pinnipeds) (NMFS 2016).
    Any noise associated with restoration and maintenance activities is 
likely to be from light construction (e.g., sanding, hammering, or use 
of hand drills). The Society proposes to confine all restoration 
activities to the existing structure, which would occur on the upper 
levels of the Station. Pinnipeds hauled out on NWSR do not have access 
to the upper levels of the Station.
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the engine of the aircraft (Born et al., 
1999; Richardson et al., 1995). Researchers have demonstrated temporary 
threshold shift (TTS) in certain captive odontocetes and pinnipeds 
exposed to strong sounds (reviewed in Southall et al., 2007). In 2004, 
researchers measured auditory fatigue to airborne sound in harbor 
seals, California sea lions, and Northern elephant seals after exposure 
to non-pulse noise for 25 minutes (Kastak et al., 2004). In the study, 
the harbor seal experienced approximately 6 dB of temporary threshold 
shift (TTS) at 99 dB re: 20 [micro]Pa. The authors identified onset of 
TTS in the California sea lion at 122 dB re: 20 [micro]Pa. The northern 
elephant seal experienced TTS-onset at 121 dB re: 20 [micro]Pa (Kastak 
et al., 2004).
    There is a dearth of information on acoustic effects of helicopter 
overflights on pinniped hearing and communication (Richardson, et al., 
1995) and to NMFS' knowledge, there has been no specific documentation 
of TTS, let alone permanent threshold shift (PTS), in free-ranging 
pinnipeds exposed to helicopter operations during realistic field 
conditions (Baker et al., 2012; Scheidat et al., 2011).
    In 2008, NMFS issued an IHA to the USFWS for the take of small 
numbers of Steller sea lions and Pacific harbor seals, incidental to 
rodent eradication activities on an islet offshore of Rat Island, AK 
conducted by helicopter. The 15-minute aerial treatment consisted of 
the helicopter slowly approaching the islet at an elevation of over 
1,000 ft (304.8 m); gradually decreasing altitude in slow circles; and 
applying the rodenticide in a single pass and returning to Rat Island. 
The gradual and deliberate approach to the islet resulted in the sea 
lions present initially becoming aware of the helicopter and calmly 
moving into the water. Further, the USFWS reported that all responses 
fell well within the range of Level B harassment (i.e., limited, short-
term displacement resulting from aircraft noise due to helicopter 
overflights).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haul out areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Per 
Richardson et al. (1995), approaching aircraft generally flush animals 
into the water and noise from a helicopter is typically directed down 
in a ``cone'' underneath the aircraft.
    It is likely that the initial helicopter approach to NWSR would 
cause a subset, or all of the marine mammals hauled out to depart the 
rock and flush into the water. The physical presence of aircraft could 
also lead to non-auditory effects on marine mammals involving visual or 
other cues. Airborne sound from a low-flying helicopter or airplane may 
be heard by marine mammals while at the surface or underwater. In 
general, helicopters tend to be noisier than fixed wing aircraft of 
similar size and underwater sounds from aircraft are strongest just 
below the surface and directly under the aircraft. Noise from aircraft 
would not be expected to cause direct physical effects, but have the 
potential to affect behavior. The primary factor that may influence 
abrupt movements of animals is engine noise, specifically changes in 
engine noise. Responses by mammals could include hasty dives or turns, 
change in course, or flushing and stampeding from a haul out site. 
There are few well documented studies of the impacts of aircraft 
overflight over pinniped haul out sites or rookeries, and many of those 
that exist, are specific to military activities (Efroymson et al., 
2001).
    Several factors complicate the analysis of long- and short-term 
effects

[[Page 8846]]

for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAEL) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and harbor seals observed on 
San Miguel Island, CA; animals responded to some degree by moving 
within the haul out and entering into the water, stampeding into the 
water, or clearing the haul out completely. Both species always 
responded with the raising of their heads. California sea lions 
appeared to react more to the visual cue of the helicopter than the 
noise.
    If pinnipeds are present on NWSR, it is likely that a helicopter 
landing at the Station would cause some number of the pinnipeds on NWSR 
to flush; however, when present, they appear to show rapid habituation 
to helicopter landing and departure (CCR, 2001; Guy Towers, SGRLPS, 
pers. com.). According to the CCR Report (2001), while up to 40 percent 
of the California and Steller sea lions present on NWSR have been 
observed to enter the water on the first of a series of helicopter 
landings, as few as zero percent have flushed on subsequent landings on 
the same date. In fact, the Society reported that during the November 
2011 work session, Steller sea lions and California sea lions exhibited 
minimal ingress and egress from NWSR during helicopter approaches and 
departures (SGRLPS, 2011).
    Human Presence--The appearance of Society personnel may have the 
potential to cause Level B harassment of marine mammals hauled out on 
the small island in the proposed action area. Disturbance includes a 
variety of effects, including subtle to conspicuous changes in 
behavior, movement, and displacement. Disturbance may result in 
reactions ranging from an animal simply becoming alert to the presence 
of the Society's restoration personnel (e.g., turning the head, 
assuming a more upright posture) to flushing from the haul out site 
into the water. NMFS does not consider the lesser reactions to 
constitute behavioral harassment, or Level B harassment takes, but 
rather assumes that pinnipeds that move greater than two body lengths 
to longer retreats over the beach, or if already moving, a change of 
direction of greater than 90 degrees in response to the presence of 
surveyors, or pinnipeds that flush into the water, are behaviorally 
harassed, and thus subject to Level B taking. NMFS uses a 3-point scale 
(Table 2) to determine which disturbance reactions constitute take 
under the MMPA. Levels two and three (movement and flush) are 
considered take, whereas level one (alert) is not. Animals that respond 
to the presence of the Society's restoration personnel by becoming 
alert, but do not move or change the nature of locomotion as described, 
are not considered to have been subject to behavioral harassment.

  Table 2--Disturbance Scale of Pinniped Responses to In-Air Sources To
                             Determine Take
------------------------------------------------------------------------
         Level              Type of  response           Definition
------------------------------------------------------------------------
1......................  Alert..................  Seal head orientation
                                                   or brief movement in
                                                   response to
                                                   disturbance, which
                                                   may include turning
                                                   head towards the
                                                   disturbance, craning
                                                   head and neck while
                                                   holding the body
                                                   rigid in a u-shaped
                                                   position, changing
                                                   from a lying to a
                                                   sitting position, or
                                                   brief movement of
                                                   less than twice the
                                                   animal's body length.
2 *....................  Movement...............  Movements in response
                                                   to the source of
                                                   disturbance, ranging
                                                   from short
                                                   withdrawals at least
                                                   twice the animal's
                                                   body length to longer
                                                   retreats over the
                                                   beach, or if already
                                                   moving a change of
                                                   direction of greater
                                                   than 90 degrees.
3 *....................  Flush..................  All retreats (flushes)
                                                   to the water.
------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take, whereas Level 1 is not.

    Reactions to human presence, if any, depend on species type, 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). 
Nevertheless, this is not likely to occur during the proposed 
activities since rapid habituation of the site is expected to occur 
after a potential pinniped flush.
    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; and Kucey and Trites, 2006). Numerous 
studies have shown that human activity can flush harbor seals off haul 
out sites (Allen et al., 1984; Calambokidis et al., 1991; and Suryan 
and Harvey 1999) or lead Hawaiian monk seals (Neomonachus 
schauinslandi) to avoid beaches (Kenyon 1972). In one case, human 
disturbance appeared to cause Steller sea lions to desert a breeding 
area at

[[Page 8847]]

Northeast Point on St. Paul Island, Alaska (Kenyon 1962).
    In cases where vessels actively approached marine mammals (e.g., 
whale watching or dolphin watching boats), scientists have documented 
that animals exhibit altered behavior such as increased swimming speed, 
erratic movement, and active avoidance behavior (Acevedo, 1991; Trites 
and Bain, 2000; Williams et al., 2002; Constantine et al., 2003), 
reduced blow interval (Richter et al., 2003), disruption of normal 
social behaviors (Lusseau 2003; 2006), and the shift of behavioral 
activities which may increase energetic costs (Constantine et al., 
2003; 2004).
    In 1997, Henry and Hammil (2001) conducted a study to measure the 
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats) 
on harbor seal haul out behavior in Metis Bay, Quebec, Canada. During 
that study, the authors noted that the most frequent disturbances (n = 
73) were caused by lower speed, lingering kayaks, and canoes (33.3 
percent) as opposed to motorboats (27.8 percent) conducting high speed 
passes. The seal's flight reactions could be linked to a surprise 
factor by kayaks and canoes which approach slowly, quietly, and low on 
the water making them look like predators. However, the authors note 
that once the animals were disturbed, there did not appear to be any 
significant lingering effect on the recovery of numbers to their pre-
disturbance levels. In conclusion, the study showed that boat traffic 
at current levels has only a temporary effect on the haul out behavior 
of harbor seals in the Metis Bay area.
    In 2004, Acevedo-Gutierrez and Johnson (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haul out 
sites on Yellow Island, Washington. The authors estimated the minimum 
distance between the vessels and the haul out sites; categorized the 
vessel types; and evaluated seal responses to the disturbances. During 
the course of the seven-weekend study, the authors recorded 14 human-
related disturbances which were associated with stopped powerboats and 
kayaks. During these events, hauled out seals became noticeably active 
and moved into the water. The flushing occurred when stopped kayaks and 
powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m) 
respectively. The authors note that the seals were unaffected by 
passing powerboats, even those approaching as close as 128 ft (39 m), 
possibly indicating that the animals had become tolerant of the brief 
presence of the vessels and ignored them. The authors reported that on 
average, the seals quickly recovered from the disturbances and returned 
to the haul out site in less than or equal to 60 minutes. Seal numbers 
did not return to pre-disturbance levels within 180 minutes of the 
disturbance less than one quarter of the time observed. The study 
concluded that the return of seal numbers to pre-disturbance levels and 
the relatively regular seasonal cycle in abundance throughout the area 
counter the idea that disturbances from powerboats may result in site 
abandonment (Johnson and Acevedo-Gutierrez, 2007). As a general 
statement from the available information, pinnipeds exposed to intense 
(approximately 110 to 120 decibels re: 20 [mu]Pa) non-pulsed sounds 
often leave haul out areas and seek refuge temporarily (minutes to a 
few hours) in the water (Southall et al., 2007).
    Stampede--There are other ways in which disturbance, as described 
previously, could result in more than Level B harassment of marine 
mammals. They are most likely to be consequences of stampeding, a 
potentially dangerous occurrence in which large numbers of animals 
succumb to mass panic and rush away from a stimulus. These situations 
are: (1) Falling when entering the water at high-relief locations; (2) 
extended separation of mothers and pups; and (3) crushing of pups by 
large males during a stampede. However, NMFS does not expect any of 
these scenarios to occur at NWSR as the proposed action occurs outside 
of the pupping/breeding season and no mother/pup pairs are expected to 
be at the Station. There is the risk of injury if animals stampede 
towards shorelines with precipitous relief (e.g., cliffs). However, 
there are no cliffs on NWSR. The haul out sites consist of ridges with 
unimpeded and non-obstructive access to the water. If disturbed, the 
small number of hauled-out adult animals may move toward the water 
without risk of encountering barriers or hazards that would otherwise 
prevent them from leaving the area. Moreover, the proposed area would 
not be crowded with large numbers of Steller sea lions, further 
eliminating the possibility of potentially injurious mass movements of 
animals attempting to vacate the haul out. Thus, in this case, NMFS 
considers the risk of injury, serious injury, or death to hauled-out 
animals as very low.

Anticipated Effects on Marine Mammal Habitat

    The only habitat modification associated with the proposed activity 
is the restoration of a light station. However, all restoration would 
occur on the upper levels of Northwest Seal Rock, which are not used by 
marine mammals. Thus, NMFS does not expect that the proposed activity 
would have any effects on marine mammal habitat and NMFS expects that 
there will be no long- or short-term physical impacts to pinniped 
habitat on NWSR.
    The Society would remove all waste, discarded materials and 
equipment from the island after each visit. The proposed activities 
will not result in any permanent impact on habitats used by marine 
mammals, including prey species and foraging habitat. The main impact 
associated with the proposed activity will be temporarily elevated 
noise levels and the associated direct effects on marine mammals (i.e., 
the potential for temporary abandonment of the site), previously 
discussed in this notice.
    NMFS does not anticipate that the proposed restoration activities 
would result in any permanent effects on the habitats used by the 
marine mammals in the proposed area, including the food sources they 
use (i.e., fish and invertebrates). Based on the preceding discussion, 
NMFS does not anticipate that the proposed activity would have any 
habitat-related effects that could cause significant or long-term 
consequences for individual marine mammals or their populations.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of ``small numbers'' 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 would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to aircraft operations and lighthouse 
maintenance activities. Based on the nature of the activity, Level A 
harassment is neither anticipated nor proposed to be authorized.

[[Page 8848]]

    As discussed earlier, NMFS assumes that pinnipeds that move greater 
than two body lengths to longer retreats over the beach, or if already 
moving, a change of direction of greater than 90 degrees in response to 
the presence of surveyors, or pinnipeds that flush into the water, are 
behaviorally harassed, and thus subject to Level B taking (Table 2).

Marine Mammal Occurrence

    In this section we provide the information about the presence, 
density, or group dynamics of marine mammals that will inform the take 
calculations.
    For the 2010 season, the Society reported that no Steller sea lions 
were present in the vicinity of NWSR during restoration activities 
(SGRLPS 2010). Based on the monitoring report for the 2011 season, the 
maximum numbers of Steller sea lions present during the April and 
November 2011, work sessions were 2 and 150 animals, respectively 
(SGRLPS 2012). During the 2012 season, the Society did not observe any 
Steller sea lions present on NWSR during restoration activities. The 
Society did not conduct any operations for the 2013-2014, 2014-2015, 
and 2015-2016 seasons. The Society reported no Steller sea lions 
observed in the 2016-2017 and 2017-2018 work seasons (T. McNamara, 
pers. comm., 2018).
    Based on the monitoring report for the 2011 season, the maximum 
numbers of California sea lions present during the April and November, 
2011 work sessions were 2 and 160 animals, respectively (SGRLPS 2012). 
There were no California sea lions present during the March, 2012 work 
session (SGRLPS 2012). The Society reported 16 California sea lions 
observed in March 2017 and no California sea lions present in April 
2017. 16 California sea lions were observed in November 2017. (Terry 
McNamara, pers. comm., 2018).
    For the 2010, 2011, and 2012 work seasons, the Society did not 
observe any Northern fur seals present on NWSR during restoration 
activities (SGRLPS 2010; 2011; 2012). No Northern fur seals were 
observed during the 2016-2017 and 2017-2018 work seasons (Terry 
McNamara, pers. comm., 2018).
    For the 2010 and 2011 seasons, the Society did not observe any 
Pacific harbor seals present on NWSR during restoration activities 
(SGRLPS 2010; 2011). During the 2012 season, the Society reported 
sighting a total of two harbor seals present on NWSR (SGRLPS 2012). No 
harbor seals were observed during the 2016-2017 and 2017-2018 work 
seasons (Terry McNamara, pers. comm., 2018).

Take Calculation and Estimation

    Here we describe how the information provided above is brought 
together to produce a quantitative take estimate.
    Based on the Society's previous monitoring reports, NMFS estimates 
that approximately 2,880 California sea lions (calculated by 
multiplying the maximum single-day count of California sea lions 
present on NWSR (160) by 18 days of the restoration, maintenance, and 
touring activities), 2,790 Steller sea lions (calculated by multiplying 
the maximum single-day count of Steller sea lions that could be present 
(155) by 18 days of the restoration, maintenance, and touring 
activities), 36 Pacific harbor seals (calculated by multiplying the 
maximum single-day count of harbor seals present on NWSR (2) by 18 
days), and 18 Northern fur seals (calculated by multiplying the maximum 
number of northern fur seals present on NWSR (1) by 18 days) could be 
potentially affected by Level B behavioral harassment over the course 
of the IHA. NMFS bases these estimates of the numbers of marine mammals 
that might be affected on consideration of the number of marine mammals 
that could be disturbed appreciably by approximately 75 hours of 
aircraft operations over the course of the activity. These incidental 
harassment take numbers represent less than one percent of the affected 
stocks for California sea lions, Pacific harbor seals, and Northern fur 
seals, and less than seven percent of the stock of Steller sea lions 
(Table 3). However, actual take may be slightly less if animals decide 
to haul out at a different location for the day or if animals are 
foraging at the time of the survey activities.

                  Table 3--The Percentage of Stock Affected by the Number of Takes per Species
----------------------------------------------------------------------------------------------------------------
                                                      Days of
             Species              Maximum number     proposed       Take number        Stock        Percent of
                                      per day        activity                        abundance         stock
----------------------------------------------------------------------------------------------------------------
California sea lion (Zalophus                160              18           2,880         296,750            0.97
 californianus).................
Steller sea lion (Eumetopias                 155              18           2,790          41,638             6.7
 jubatus).......................
Pacific harbor seal (Phoca                     2              18              36          30,968            0.35
 vitulina)......................
Northern fur seal (Callorhinus                 1              18              18          14,050             .12
 ursinus).......................
----------------------------------------------------------------------------------------------------------------

Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses (latter not applicable for this action). 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 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. 
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, 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.

[[Page 8849]]

Mitigation for Marine Mammals and Their Habitat

    Time and Frequency--The Society would conduct restoration and 
touring activities at a maximum of once per month over the course of 
the year, with the exception of between May 1, 2018 through October 31, 
2018 (barring potential emergency light repairs during this time). Each 
restoration session would last no more than three days. Maintenance of 
the light beacon would occur only in conjunction with restoration 
activities (except if an emergency light repair is needed from May 1, 
2018 through October 31, 2018).
    Helicopter Approach and Timing Techniques--The Society would ensure 
that its helicopter approach patterns to the Station and timing 
techniques would be conducted at times when marine mammals are less 
likely to be disturbed. To the extent possible, the helicopter should 
approach NWSR when the tide is too high for the marine mammals to haul 
out on NWSR. Additionally, since the most severe impacts (stampede) 
precede rapid and direct helicopter approaches, the Society's initial 
approach to the station must be offshore from the island at a 
relatively high altitude (e.g., 800-1,000 ft, or 244-305 m). Before the 
final approach, the helicopter shall circle lower and approach from 
area with the lowest pinniped density. If for any safety reasons (e.g., 
wind condition) the Society cannot conduct these types of helicopter 
approach and timing techniques, they must postpone the restoration and 
maintenance activities for that day.
    Avoidance of Visual and Acoustic Contact With People on Island--The 
Society would instruct its members and restoration crews to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the station. Although CCR reported no 
impacts from these activities in the 2001 study, it is relatively 
simple for the Society to avoid this potential impact. The door to the 
lower platform shall remain closed and barricaded to all tourists and 
other personnel since the lower platform is used at times by pinnipeds.
    Based on our evaluation of the applicant's proposed measures, 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 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).
     Mitigation and monitoring effectiveness.
    As part of its IHA application, the Society proposes to sponsor 
marine mammal monitoring, in order to implement the mitigation measures 
that require real-time monitoring, and to satisfy the monitoring 
requirements of the proposed IHA. These requirements include:
     A NMFS approved, experienced biologist that will be 
present on the first flight of each day of the activity. This observer 
will be able to identify all species of pinnipeds expected to use the 
island, and qualified to determine age and sex classes when viewing 
conditions allow. The observer would record data including species 
counts, numbers of observed disturbances, and descriptions of the 
disturbance behaviors during the activities, including location, date, 
and time of the event. In addition, the Society would record 
observations regarding the number and species of any marine mammals 
either observed in the water or hauled out.
     Aerial photographic surveys to provide an accurate means 
of documenting species composition, age and sex class of pinnipeds 
using the project site during human activity periods. The Society 
should complete aerial photo coverage from the same helicopter used to 
transport the Society's personnel to the island during restoration 
trips. The Society would take photographs of all marine mammals hauled 
out on the island from an altitude greater than 300 m (984 ft) by a 
skilled photographer, on the first flight of each day of activities. 
These photographs will be forwarded to a biologists capable of 
discerning marine mammal species. Data shall be provided to us in the 
form of a report with a data table, any other significant observations 
related to marine mammals, and a report of restoration activities (see 
Proposed Reporting). The original photographs can be made available to 
us or other marine mammal experts for inspection and further analysis.
    As detailed above, the proposed monitoring requirements in relation 
to the Society's proposed activities would include species counts, 
numbers of observed disturbances, and descriptions of the disturbance 
behaviors during the restoration activities, including location, date, 
and time of the event. In addition, the Society would record 
observations regarding the number and species of any marine mammals 
either observed in the water or hauled out.
    By completing the proposed requirements mentioned above, the 
Society can add to the knowledge of pinnipeds in the proposed action 
area by noting observations of: (1) Unusual behaviors, numbers, or 
distributions of pinnipeds, enabling appropriate personnel to conduct 
future follow-up research; (2) tag-bearing carcasses of pinnipeds, 
allowing transmittal of the information to appropriate agencies and 
personnel; and (3) rare or unusual

[[Page 8850]]

species of marine mammals for agency follow-up.
    If at any time injury, serious injury, or mortality of the species 
for which take is authorized should occur, or if take of any other kind 
of marine mammal occurs, and such action may be a result of the 
Society's activities, the Society would suspend restoration and tour 
activities and contact NMFS immediately. NMFS will then determine how 
best to proceed to ensure another injury or death does not occur and to 
guarantee the applicant remains in compliance with the MMPA.

Proposed Reporting

    The Society would submit a draft report to NMFS' Office of 
Protected Resources no later than 90 days after the conclusion of 
restoration activities in April. The report will include a summary of 
the information gathered pursuant to the monitoring requirements set 
forth in the proposed IHA. The Society will submit a final report to 
NMFS within 30 days after receiving comments from NMFS on the draft 
report. If the Society receives no comments from NMFS on the report, 
NMFS will consider the draft report to be the final report.
    The report will describe the operations conducted and sightings of 
marine mammals near the 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 
activities.
    2. Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities.
    3. An estimate of the number (by species) of marine mammals exposed 
to human presence associated with the Society's activities.
    4. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., stampede), society personnel shall immediately 
cease the specified activities and immediately report the incident to 
the Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Assistant West Coast Regional Stranding 
Coordinator. The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available)
    The Society shall not resume its activities until NMFS is able to 
review the circumstances of the prohibited take. We will work with the 
Society to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The Society may not 
resume their activities until notified by us via letter, email, or 
telephone.
    In the event that the Society discovers an injured or dead marine 
mammal, and the marine mammal observer determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as we describe in the next 
paragraph), the Society will immediately report the incident to the 
Chief, Permits and Conservation Division, Office of Protected 
Resources, NMFS, and the Assistant West Coast Regional Stranding 
Coordinator. The report must include the same information identified in 
the paragraph above this section. Activities may continue while NMFS 
reviews the circumstances of the incident. NMFS would work with the 
Society to determine whether modifications in the activities are 
appropriate.
    In the event that the Society discovers an injured or dead marine 
mammal, and the lead visual observer determines that the injury or 
death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the Society will report the 
incident to the Chief, Permits and Conservation Division, Office of 
Protected Resources, NMFS, and the Assistant West Coast Regional 
Stranding Coordinator within 24 hours of the discovery. Society 
personnel will provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting to us. The Society 
can continue their survey activities while NMFS reviews the 
circumstances of the incident.

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).
    Although the Society's survey activities may disturb a small number 
of marine mammals hauled out on NWSR, NMFS expects those impacts to 
occur to a small, localized group of animals for a limited duration 
(e.g., six hours in one day). Marine mammals would likely become alert 
or, at most, flush into the water in reaction to the presence of the 
Society's personnel during the proposed activities. Disturbance will be 
limited to a short duration, allowing marine mammals to reoccupy NWSR 
within a short amount of time. Thus, the proposed action is unlikely to 
result in long-term impacts such as permanent abandonment of the area 
because of the availability of alternate areas for pinnipeds to avoid 
the resultant acoustic and visual disturbances from the restoration 
activities and helicopter operations. Results from previous monitoring 
reports also show that the pinnipeds returned to NWSR and did

[[Page 8851]]

not permanently abandon haul out sites after the Society conducted 
their activities.
    The Society's activities would occur during the least sensitive 
time (e.g., November through April, outside of the pupping season) for 
hauled out pinnipeds on NWSR. Thus, pups or breeding adults would not 
be present during the proposed activity days.
    Moreover, the Society's mitigation measures regarding helicopter 
approaches and restoration site ingress and egress would minimize the 
potential for stampedes and large-scale movements. Thus, the potential 
for large-scale movements and stampede leading to injury, serious, 
injury, or mortality is low.
    Any noise attributed to the Society's proposed helicopter 
operations on NWSR would be short-term (approximately six minutes per 
trip). We would expect the ambient noise levels to return to a baseline 
state when helicopter operations have ceased for the day. As the 
helicopter lands and takes off from the station, NMFS presumes that the 
received sound levels would be between 84.5-87.8 Db RE: 20 [micro]Pa 
(A-weighted) at the landing pad. However, we do not expect that the 
increased received levels of sound from the helicopter would cause TTS 
or PTS because the sound levels are below the thresholds for airborne 
pinniped disturbance at the landing pad which is 15 m (48 ft) above the 
rocks. Additionally, the pinnipeds would likely flush before the 
helicopter approached NWSR, further increasing the distance between the 
pinnipeds and the received sound levels on NWSR during the proposed 
action.
    If pinnipeds are present on NWSR, Level B behavioral harassment of 
pinnipeds may occur during helicopter landing and takeoff from NWSR due 
to the pinnipeds temporarily moving from the rocks and lower structure 
of the Station into the sea due to the noise and appearance of a 
helicopter during approaches and departures. It is expected that all or 
a portion of the marine mammals hauled out on NWSR will depart the rock 
and slowly move into the water upon initial helicopter approaches. The 
movement to the water would be gradual due to the required controlled 
helicopter approaches (see Proposed Mitigation for more details), the 
small size of the aircraft, the use of noise-attenuating blade tip caps 
on the rotors, and behavioral habituation on the part of animals as 
helicopter trips continue throughout the day. During the sessions of 
helicopter activity, if present on NWSR, some animals may be 
temporarily displaced from the island and either raft in the water or 
relocate to other haul outs.
    Sea lions have shown habituation to helicopter flights within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrivals/departures within a short time period, we expect animals 
present to show less response to subsequent landings. NMFS anticipates 
no impact on the population size or breeding stock of Steller sea 
lions, California sea lions, Pacific harbor seals, or Northern fur 
seals.
    In summary 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:
     The impacts to animals present would be of limited 
duration (i.e., at maximum three days a month);
     The impacts would be of limited intensity (i.e., temporary 
flushing at most); and
     No injury or mortality is anticipated or authorized.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the 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 the Society's proposed 
activities could potentially affect, by Level B harassment only, four 
species of marine mammals under our jurisdiction. For each species, 
these estimates are small numbers (less than one percent of the 
affected stocks of California sea lions, Pacific harbor seals, and 
Northern fur seals, and less than seven percent of the stock of Steller 
sea lions) relative to the population size (Table 3).
    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 
preliminarily 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, in this case with the West Coast Region 
Protected Resources Division Office, 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.

Proposed Authorization

    The St. George Reef Lighthouse Preservation Society (Society) is 
hereby authorized under section 101(a)(5)(D) of the Marine Mammal 
Protection Act (MMPA; 16 U.S.C. 1371(a)(5)(D)) to harass marine mammals 
incidental to conducting helicopter operations and maintenance and 
restoration activities on the St. George Reef Lighthouse Station 
(Station), when adhering to the following terms and conditions.
    1. This Incidental Harassment Authorization (IHA) is valid from 
February 19, 2018 through February 18, 2019.
    2. This IHA is valid only for activities associated with helicopter 
operations, lighthouse restoration and maintenance

[[Page 8852]]

activities, and human presence on the Station on Northwest Seal Rock 
(NWSR) (41[deg]50'24'' N, 124[deg]22'06'' W) in the Northeast Pacific 
Ocean.
    (a) The use of a small, compact, 4-person helicopter with two-
bladed main and tail rotors fitted with noise-attenuating blade tip 
caps to transport work crews and tourists to and from NWSR;
    (b) Restoration activities (e.g., painting, plastering, welding, 
and glazing) conducted on the Station;
    (c) Maintenance activities (e.g., bulb replacement and automation 
of the light system) conducted on the Station;
    (d) Emergency repair events (e.g., the failure of the PATON beacon 
light) outside of the three-day work session; and
    (e) Human presence.
    3. General Conditions
    (a) A copy of this IHA must be in the possession of the Society, 
its designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The species authorized for taking are the California sea lion 
(Zalohpus californianus), Pacific harbor seal (Phoca vitulina 
richardii), the eastern Distinct Population Segment of Steller sea lion 
(Eumetopias jubatus), and the northern fur seal (Callorhinus ursinus).
    (c) The taking, by Level B harassment only, is limited to the 
species listed in condition 3(b). See Table 1 (attached) for numbers of 
take authorized.
    (d) The taking by injury (Level A harassment), serious injury, or 
death of any of the species listed in condition 3(b) of the 
Authorization or any taking of any other species of marine mammal is 
prohibited and may result in the modification, suspension, or 
revocation of this IHA.
    (e) The Society shall conduct briefings between construction 
supervisors and crews, marine mammal monitoring team, and Society staff 
prior to the start of all helicopter flights, restoration and 
maintenance work, and public tours, and when new personnel join the 
work, in order to explain responsibilities, communication procedures, 
marine mammal monitoring protocol, and operational procedures.
    (f) Except in the event of an emergency repair event, the Society 
may not conduct activities between the dates of May 1, 2018 and October 
31, 2018.
    (i) In the case of an emergency repair event (i.e., failure of the 
PATON beacon light) between May 1, 2018 through October 31, 2018, the 
society shall consult with the Assistant Regional Administrator, West 
Coast Region, NMFS, to best determine the timing of an emergency repair 
trip to the Station.
    (ii) The West Coast Region NMFS marine mammal biologist shall make 
a decision regarding when the Society can schedule helicopter trips to 
the NWSR during the emergency repair time window and will ensure that 
such operations will have the least practicable adverse impact to 
marine mammals.
    (iii) The Assistant Regional Administrator, West Coast Region, NMFS 
shall also ensure that the Society's request for incidental take during 
an emergency repair event would not exceed the number of incidental 
take authorized in this IHA.
    4. Mitigation Measures
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) Conduct restoration and maintenance activities at the Station 
at a maximum of one session per month between February 19, 2018 and 
February 18, 2019, except between May 1, 2018 and October 31, 2018. 
Each restoration session shall be no more than three days in duration. 
Maintenance of the light beacon shall occur only in conjunction with 
the monthly restoration activities.
    (b) Ensure that helicopter approach patterns to the NWSR shall be 
such that the timing techniques are least disturbing to marine mammals. 
To the extent possible, the helicopter should approach NWSR when the 
tide is too high for marine mammals to haul out on NWSR.
    (c) Avoid rapid and direct approaches by the helicopter to the 
station by approaching NWSR at a relatively high altitude (e.g., 800-
1,000 ft; 244-305 m). Before the final approach, the helicopter shall 
circle lower, and approach from an area where the density of pinnipeds 
is the lowest. If for any safety reasons (e.g., wind conditions or 
visibility) such helicopter approach and timing techniques cannot be 
achieved, the Society must abort the restoration and maintenance 
session for the day.
    (d) Provide instructions to the Society's members, the restoration 
crew, and if applicable, to tourists, on appropriate conduct when in 
the vicinity of hauled-out marine mammals. The Society's members, the 
restoration crew, and if applicable, tourists, shall avoid making 
unnecessary noise while on NWSR and must not view pinnipeds around the 
base of the Station.
    (e) Ensure that the door to the Station's lower platform shall 
remain closed and barricaded at all times.
    (f) The Society shall establish monitoring protocols as described 
below.
    5. Monitoring
    The holder of this Authorization is required to conduct marine 
mammal monitoring during helicopter operations. Monitoring and 
reporting shall be conducted in accordance with the Monitoring Plan. 
The Society is required to:
    (a) Have a NMFS-approved biologist present on the first flight of 
each day of activities.
    (b) Record the date, time, and location (or closest point of 
ingress) of each visit to the NWSR.
    (c) Collect the following information for each visit:
    (i) Information on the numbers (by species) of marine mammals 
observed during the activities;
    (ii) The estimated number of marine mammals (by species) that may 
have been harassed during the activities;
    (iii) Any behavioral responses or modifications of behaviors that 
may be attributed to the specific activities (e.g., flushing into the 
water, becoming alert and moving, rafting); and
    (iv) Information on the weather, including the tidal state and 
horizontal visibility.
    (d) Employ a skilled, aerial photographer to document marine 
mammals hauled out on NWSR.
    (i) The photographer will complete a photographic survey of NWSR 
using the same helicopter that will transport Society personnel to the 
island during restoration trips.
    (ii) Photographs of all marine mammals hauled out on the island 
shall be taken at an altitude greater than 300 m (984 ft) during the 
first arrival flight to NWSR.
    (iii) The Society and/or its designees will forward the photographs 
to a biologist capable of discerning marine mammal species. The Society 
shall provide the data to us in the form of a report with a data table, 
any other significant observations related to marine mammals, and a 
report of restoration activities (see Reporting). The Society shall 
make available the original photographs to NMFS or to other marine 
mammal experts for inspection and further analysis.
    6. Reporting
    The holder of this Authorization is required to:
    (a) Submit a draft report on all monitoring conducted under the IHA 
within ninety calendar days of the completion of lighthouse maintenance 
and preservation work in April. This report must contain the following 
information:
    (i) A summary of the dates, times, and weather during all 
helicopter operations, restoration, and maintenance activities.

[[Page 8853]]

    (ii) Species, number, location, and behavior of any marine mammals, 
observed throughout all monitoring activities.
    (iii) An estimate of the number (by species) of marine mammals that 
are known to have been exposed to visual and acoustic stimuli 
associated with the helicopter operations, restoration, and maintenance 
activities.
    (iv) A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the IHA and full documentation of 
methods, results, and interpretation pertaining to all monitoring.
    (b) 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, 
the Society shall immediately cease the specified activities and report 
the incident to the Office of Protected Resources (301-427-8401) and/or 
by email to [email protected], and the Assistant West Coast Regional 
Stranding Coordinator (562-980-3264, [email protected]). 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, 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 shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with the Society 
to determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. The Society may not 
resume their activities until notified by NMFS.
    (ii) In the event that the Society 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 moderate state of decomposition), the Society shall 
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(b)(i) 
of this IHA. Activities may continue while NMFS reviews the 
circumstances of the incident. NMFS will work with the Society to 
determine whether additional mitigation measures or modifications to 
the activities are appropriate.
    (iii) In the event that the Society 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), the Society shall report 
the incident to the Office of Protected Resources, NMFS, and the West 
Coast Regional Stranding Coordinator, NMFS, within 24 hours of the 
discovery. The Society shall provide photographs or video footage or 
other documentation of the stranded animal sighting to NMFS.
    7. This Authorization may be modified, suspended or withdrawn if 
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 proposed authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed 
lighthouse restoration and maintenance project. We also request comment 
on the potential for renewal of this proposed IHA as described in the 
paragraph below. Please include with your comments any supporting data 
or literature citations to help inform our final decision on the 
request for MMPA authorization.
    On a case-by-case basis, NMFS may issue a second one-year IHA 
without additional notice when (1) another year of identical or nearly 
identical activities as described in the Specified Activities section 
is planned or (2) the activities would not be completed by the time the 
IHA expires and a second IHA would allow for completion of the 
activities beyond that described in the Dates and Duration section, 
provided all of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to expiration of the current IHA.
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted beyond the 
initial dates either are identical to the previously analyzed 
activities or include changes so minor (e.g., reduction in pile size) 
that the changes do not affect the previous analyses, take estimates, 
or mitigation and monitoring requirements.
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
     Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures remain the same and appropriate, 
and the original findings remain valid.

    Dated: February 23, 2018.
Donna Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-04147 Filed 2-28-18; 8:45 am]
 BILLING CODE 3510-22-P