[Federal Register Volume 83, Number 88 (Monday, May 7, 2018)]
[Notices]
[Pages 20045-20055]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09610]



[[Page 20045]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XG066


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Seabird and Pinniped Research 
Activities in Central 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 Point Blue Conservation 
Science (Point Blue) for authorization to take marine mammals 
incidental to seabird and pinniped research activities in central 
California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS 
is requesting comments on its proposal to issue an 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 June 6, 
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/node/23111 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: Rob Pauline, 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 IHA) 
with respect to potential impacts on the human environment.
    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (IHAs 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 January 4, 2018, NMFS received a request from Point Blue for an 
IHA to take marine mammals incidental to seabird and marine mammal 
research monitoring taking place at three locations in central 
California. Point Blue's request is for take of California sea lions 
(Zalophus californianus), Pacific harbor seals (Phoca vitulina), 
northern elephant seals (Mirounga angustirostris), and Steller sea 
lions (Eumetopias jubatus) by Level B harassment only. Neither Point 
Blue nor NMFS expect serious injury or mortality to result from this 
activity and, therefore, an IHA is appropriate.
    NMFS previously issued eight IHAs to Point Blue for similar work 
from 2006 through 2017 (72 FR 71121; December 14, 2007, 73 FR 77011; 
December 18, 2008, 75 FR 8677; February 19, 2010, 77 FR 73989; December 
7, 2012, 78 FR 66686; November 6, 2013, 80 FR 80321; December 24, 2015, 
81 FR 34978; June 1, 2016, 82 FR 31759; July 7, 2017). Point Blue 
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. The 
proposed seabird and marine mammal research activities will occur on 
Southeast Farallon Island (SEFI), A[ntilde]o Nuevo Island (ANI), and 
Point

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Reyes National Seashore (PRNS). Point Blue, along with partners Oikonos 
Ecosystem Knowledge and PRNS, plan to conduct the proposed activities 
for one year. These partners are conducting this research under 
cooperative agreements with the U.S. Fish and Wildlife Service (USFWS) 
in consultation with the Gulf of the Farallones National Marine 
Sanctuary. We considered the renewal for request for 2018-2019 
activities as adequate and complete on February 28, 2018.

Description of Proposed Activity

Overview

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

Dates and Duration

    The proposed authorization would be effective from July 7, 2018 
through July 6, 2019. Research on SEFI is conducted year round. Most 
intertidal areas of the island, where marine mammals are present, are 
rarely visited in seabird research. Most potential for incidental take 
will occur at the island's 2 landings, North Landing and East Landing. 
At SEFI, seabird monitoring sites are visited ~1-3 times per day for a 
maximum of 500 visits per year. Most seabird monitoring visits are 
brief (~15 minutes), though seabird observers are present from 2-5 
hours daily at North Landing from early April--early August each year 
to conduct observational studies on breeding common murres. Boat 
landings to re-supply the field station, lasting 1-3 hours, are 
conducted once every two weeks. At ANI, research is conducted 
approximately once/week from April-August, with occasional intermittent 
visits made during the rest of the year. The maximum number of visits 
per year would be 20. Landings and visits to nest boxes are brief (~15 
minutes).
    Research at PRNS is conducted year round, with an emphasis during 
the seabird nesting season with occasional intermittent visits the rest 
of the year. The maximum number of visits per year is 20. A component 
of the seabird research involves habitat restoration and monitoring 
which requires sporadic visits from September-November, between the 
seabird breeding season and the elephant seal pupping season. Most 
areas where research occurs and where marine mammals are present are 
not ever visited, excepting the landing beaches along Point Reyes 
Headland.

Specific Geographic Region

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

Detailed Description of Specific Activity

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

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access to facilities. They are known to haul out on a boat ramp at the 
Life Boat Station and in various car parking lots around the seashore.
    Research along the seashore includes monitoring seabird breeding 
and roosting colonies. Seabird monitoring usually involves one or two 
observers. Surveys are conducted by 14-22 ft open motorboats that 
survey along the shoreline.
    Most areas where marine mammals are present are never visited, 
excepting the landing beaches along Point Reyes headland. In all 
locations, researchers are located more than 50 ft away from any 
pinnipeds that may be hauled out. Elephant seals may haul out on boat 
ramps and parking lots year round.
    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; www.nmfs.noaa.gov/pr/sars/) and more general information about these species (e.g., physical 
and behavioral descriptions) may be found on NMFS's website 
(www.nmfs.noaa.gov/pr/species/mammals/).
    Table 1 lists all species with expected potential for occurrence at 
SEFI, ANI, and PRNS and summarizes information related to the 
population or stock, including regulatory status under the MMPA and ESA 
and potential biological removal (PBR), where known. For taxonomy, we 
follow the Committee on Taxonomy (2017). 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 U.S. Pacific Stock Assessment Report (Carretta et al., 
2017) or the 2016 Alaska Stock Assessment Report (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 Potentially Present in the Vicinity of Study Areas
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                             Stock abundance (CV,
                                                                                        ESA/MMPA status;       Nmin, most recent               Annual M/
               Species                    Scientific name              Stock            Strategic (Y/N) 1     abundance survey) 2      PBR        SI 3
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
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                                                      Family Otariidae (eared seals and sea lions)
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California sea lion.................  Zalophus californianus  U.S...................  -; N                  296,750 (n/a; 153,337;      9,200        389
                                                                                                             2011).
Steller sea lion....................  Eumetopias jubatus....  Eastern U.S...........  D; Y                  71,562 (n/a; 41,638;        2,498        108
                                                                                                             2015).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal.........................  Phoca vitulina          California............  -; N                  30,968 (0.157; 27,348;      1,641         43
                                       richardii.                                                            2012).
Northern elephant seal..............  Mirounga                California breeding     -; N                  179,000 (n/a; 81,368;       4,882        8.8
                                       angustirostris.         stock.                                        2010).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.

Northern Elephant Seal

    Northern elephant seals range in the eastern and central North 
Pacific Ocean, from as far north as Alaska to as far south as Mexico. 
Northern elephant seals spend much of the year, generally about nine 
months, in the ocean. They are usually underwater, diving to depths of 
about 1,000 to 2,500 ft (330-800 m) for 20- to 30-minute intervals with 
only short breaks at the surface. They are rarely seen out at sea for 
this reason. While on land, they prefer sandy beaches.
    The northern elephant breeding population is distributed from 
central Baja California, Mexico to the Point Reyes Peninsula in 
northern California. Along this coastline, there are 13 major breeding 
colonies. Northern elephant seals breed and give birth primarily on 
offshore islands (Stewart et al., 1994), from December to March 
(Stewart and Huber, 1993). Males feed near the eastern Aleutian Islands 
and in the Gulf of Alaska, and females feed farther

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south, south of 45[deg] N (Stewart and Huber, 1993; Le Boeuf et al., 
1993). Adults return to land between March and August to molt, with 
males returning later than females. Adults return to their feeding 
areas again between their spring/summer molting and their winter 
breeding seasons.
    At SEFI, the population consists of approximately 500 animals (FNMS 
2013). Northern elephant seals began recolonizing the South Farallon 
Islands in the early 1970s (Stewart et al., 1994) at which time the 
colony grew rapidly. In 1983 a record 475 pups were born on the South 
Farallones (Stewart et al., 1994). Since then, the size of the South 
Farallones colony has declined, stabilizing in the early 2000s and then 
declining further over the past 6 years (USFWS 2013). In 2012, a total 
of 90 cows were counted on the South Farallones, and 60 pups were 
weaned (USFWS 2013). Point Blue's average monthly counts from 2000 to 
2009 ranged from 20 individuals in July to nearly 500 individuals in 
November (USFWS 2013).
    Northern elephant seals are present on the islands and in the 
waters surrounding the South Farallones year-round for either breeding 
or molting; however, they are more abundant during breeding and peak 
molting seasons (Le Boeuf and Laws, 1994; Sydeman and Allen, 1999). 
They live and feed in deep, offshore waters the remainder of the year.
    In mid-December, adult males begin arriving on the South 
Farallones, closely followed by pregnant females on the verge of giving 
birth. Females give birth to a single pup, generally in late December 
or January (Le Boeuf and Laws, 1994) and nurse their pups for 
approximately four weeks (Reiter et al., 1991). Upon pup weaning, 
females mate with an adult male and then depart the islands. The last 
adult breeders depart the islands in mid-March. The spring peak of 
elephant seals on the rookery occurs in April, when females and 
immature seals (approximately one to four years old) arrive at the 
colony to molt (a one-month process) (USFWS 2013). The year's new pups 
remain on the island throughout both of these peaks, generally leaving 
by the end of April (USFWS 2013).
    The lowest numbers of elephant seals present on the rookery occurs 
during June, July, and August, when sub-adult and adult males molt. 
Another peak of young seals return to the rookery for a haul-out period 
in October, and at that time some individuals undergo partial molt (Le 
Boeuf and Laws, 1994). At ANI the population ranges from 900 to 1,000 
adults.

California Sea Lion

    California sea lion breeding areas are on islands located in 
southern California, in western Baja California, Mexico, and the Gulf 
of California. Rookery sites in southern California are limited to the 
San Miguel Islands and the southerly Channel Islands of San Nicolas, 
Santa Barbara, and San Clemente (Carretta et al., 2017). Males 
establish breeding territories during May through July on both land and 
in the water. Females come ashore in mid-May and June where they give 
birth to a single pup approximately four to five days after arrival and 
will nurse pups for about a week before going on their first feeding 
trip. Females will alternate feeding trips with nursing bouts until the 
pup is weaned between four and 10 months of age (NMML 2010).
    Adult and juvenile males will migrate as far north as British 
Columbia, Canada while females and pups remain in southern California 
waters in the non-breeding season. In warm water (El Ni[ntilde]o) 
years, some females are found as far north as Washington and Oregon, 
presumably following prey.
    On the Farallon Islands, California sea lions haul out in many 
intertidal areas year round, fluctuating from several hundred to 
several thousand animals. California sea lions at PRNS haul out at only 
a few locations, but will occur on human structures such as boat ramps. 
The annual population averages around 300 to 500 during the fall 
through spring months, although on occasion, several thousand sea lions 
can arrive depending upon local prey resources (S. Allen, unpublished 
data). On ANI, California sea lions may haul out at one of eight beach 
areas on the perimeter of the island. The island's average population 
ranges from 4,000 to 9,500 animals (M. Lowry, unpublished data).

Pacific Harbor Seal

    Harbor seals inhabit near-shore coastal and estuarine areas from 
Baja California, Mexico, to the Pribilof Islands in Alaska. Pacific 
harbor seals are divided into two subspecies: P. v. stejnegeri in the 
western North Pacific, near Japan, and P. v. richardsi in the northeast 
Pacific Ocean. The California stock ranges from north of Baja, 
California to the Oregon-California border. Other stocks recognized 
along the U.S. west coast include: (1) Southern Puget Sound; (2) 
Washington Northern Inland Waters; (3) Hood Canal; and (4) Oregon/
Washington Coast.
    In California, 400-600 harbor seal haul-out sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2008). On the 
Farallon Islands, approximately 40 to 120 Pacific harbor seals haul out 
in the intertidal areas (Point Blue unpublished data). Harbor seals at 
PRNS haul out at nine locations with an annual population of up to 
4,000 animals (M. Lowry, unpublished data). On ANI, harbor seals may 
haul out at one of eight beach areas on the perimeter of the island and 
the island's average population ranges from 100 to 150 animals (M. 
Lowry, unpublished data).

Steller Sea Lion

    Steller sea lions consist of two distinct population segments: The 
western and eastern distinct population segments (DPS) divided at 
144[deg] W 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 eastern DPS 
includes animals born east of Cape Suckling, AK (144[deg] W) and the 
latest abundance estimate for the stock is 71,562 animals (Muto et al., 
2017).
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS, 1995; 
Trujillo et al., 2004; Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern California and new rookeries established in 
southeastern Alaska (Pitcher et al., 2007).
    An estimated 50-150 Steller sea lions are located along the 
Farallon Islands while 400-600 may be found on ANI (Point Blue, 
unpublished data; Lowry, unpublished data). None are present at PRNS 
(NPS, unpublished data). Overall, counts of non-pups at trend sites in 
California and Oregon have been relatively stable or increasing slowly 
since the 1980s (Muto et al., 2017).
    Point Blue estimates that between 50 and 150 Steller sea lions live 
on the Farallon Islands. On SEFI, the abundance of females declined an 
average of 3.6 percent per year from 1974 to 1997 (Sydeman and Allen, 
1999).
    NMFS' Southwest Fisheries Science Center estimates between 400 and 
600 live on ANI (Point Blue unpublished data, 2008; Southwest Fisheries 
Science

[[Page 20049]]

Center unpublished data, 2008). At ANI, a steady decline in ground 
counts started around 1970, and there was an 85 percent reduction in 
the breeding population by 1987 (LeBoeuf et al., 1991). Pup counts at 
ANI declined five percent annually through the 1990s and stabilized 
between 2001 and 2005 (M. Lowry, SWFSC unpublished data). Pups have not 
been born at PRNS since the 1970s and Steller sea lions are seen in 
very low numbers there currently (S. Allen, unpublished data). SEFI is 
one of two breeding colonies at the southern end of the Steller sea 
lion's range. On the Farallon and A[ntilde]o Nuevo Islands, Steller sea 
lion breeding colonies are located in closed areas where researchers 
never visited, eliminating any risk of disturbing breeding animals.
    All species that could potentially occur in the proposed survey 
areas are included in Table 1.

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.
    Visual and acoustic stimuli generated by the appearance of 
researchers and motorboat operations may have the potential to cause 
Level B harassment of pinnipeds hauled out on SEFI, ANI, or PRNS. This 
section includes a summary and discussion of the ways that the types of 
stressors associated with the specified activity (e.g., personnel 
presence and motorboats) have been observed to impact marine mammals. 
This discussion may also include reactions that we consider to rise to 
the level of a take and those that we do not consider to rise to the 
level of a take. This section is intended as a background of potential 
effects and does not consider either the specific manner in which this 
activity will be carried out or the mitigation that will be 
implemented, and how either of those will shape the anticipated impacts 
from this specific activity.
    The appearance of researchers may have the potential to cause Level 
B harassment of any pinnipeds hauled out at survey sites. Disturbance 
may result in reactions ranging from an animal simply becoming alert to 
the presence of researchers (e.g., turning the head, assuming a more 
upright posture) to flushing from the haul-out site into the water. 
NMFS does not consider the lesser reactions to constitute behavioral 
harassment, or Level B harassment take. NMFS rather assumes that 
pinnipeds that flee some distance or change the speed or direction of 
their movement in response to the presence of researchers are 
behaviorally harassed, and thus subject to Level B taking. Animals that 
respond to the presence of researchers by becoming alert, but do not 
move or change the nature of locomotion as described, are not 
considered to have been subject to behavioral harassment. A more 
detailed description later in the document in Table 4.
    Reactions to human presence, if any, depend on species, state of 
maturity, experience, current activity, reproductive state, time of 
day, and many other factors (Richardson et al., 1995; Southall et al., 
2007; Weilgart 2007). These behavioral reactions from marine mammals 
are often shown as: Changing durations of surfacing and dives, number 
of blows per surfacing, or moving direction and/or speed; reduced/
increased vocal activities; changing/cessation of certain behavioral 
activities (such as socializing or feeding); visible startle response 
or aggressive behavior; avoidance of areas; and/or flight responses 
(e.g., pinnipeds flushing into the water from haulouts or rookeries). 
If a marine mammal does react briefly to human presence by changing its 
behavior or moving a small distance, the impacts of the change are 
unlikely to be significant to the individual, let alone the stock or 
population. However, if visual stimuli from human presence displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder 2007; Weilgart, 2007). Numerous 
studies have shown that human activity can flush harbor seals off haul-
out sites (Allen et al., 1985; Calambokidis et al., 1991; Suryan and 
Harvey, 1999). The Hawaiian monk seal (Neomonachus schauinslandi) has 
been shown to avoid beaches that have been disturbed often by humans 
(Kenyon 1972). In one case, human disturbance appeared to cause Steller 
sea lions to desert a breeding area at Northeast Point on St. Paul 
Island, Alaska (Kenyon 1962).
    In cases where vessels actively approached marine mammals (e.g., 
whale watching or dolphin watching boats), scientists have documented 
that animals exhibit altered behavior such as increased swimming speed, 
erratic movement, and active avoidance behavior (Acevedo, 1991; Trites 
and Bain, 2000; Williams et al., 2002; Constantine et al., 2003), 
reduced blow interval, disruption of normal social behaviors (Lusseau 
2003; 2006), and the shift of behavioral activities which may increase 
energetic costs (Constantine et al., 2003).
    In 1997, Henry and Hammil (2001) conducted a study to measure the 
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats) 
on harbor seal haul-out behavior in Metis Bay, Quebec, Canada. During 
that study, the authors noted that the most frequent disturbances (n = 
73) were caused by lower speed, lingering kayaks, and canoes (33.3 
percent) as opposed to motorboats (27.8 percent) conducting high-speed 
passes. The seal's flight reactions could be linked to a surprise 
factor by kayaks and canoes, which approach slowly, quietly, and low on 
the water making them look like predators. However, the authors note 
that once the animals were disturbed, there did not appear to be any 
significant lingering effect on the recovery of numbers to their pre-
disturbance levels. In conclusion, the study showed that boat traffic 
at current levels had only a temporary effect on the haul-out behavior 
of harbor seals in the Metis Bay area.
    In 2004, Acevedo-Gutierrez and Johnson (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haul-out 
sites on Yellow Island, Washington. The authors estimated the minimum 
distance between the vessels and the haul-out sites; categorized the 
vessel types; and evaluated seal responses to the disturbances. During 
the course of the seven-weekend study, the authors recorded 14 human-
related disturbances that were associated with stopped powerboats and 
kayaks. During these events, hauled out seals became noticeably active 
and moved into the water. The flushing occurred when stopped kayaks and 
powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m) 
respectively. The authors note that the seals were unaffected by 
passing powerboats, even those approaching as close as 128 ft (39 m), 
possibly indicating that the animals had become tolerant of the brief 
presence of the vessels and ignored them. The

[[Page 20050]]

authors reported that on average, the seals quickly recovered from the 
disturbances and returned to the haul-out site in less than or equal to 
60 minutes. Seal numbers did not return to pre-disturbance levels 
within 180 minutes of the disturbance less than one quarter of the time 
observed. The study concluded that the return of seal numbers to pre-
disturbance levels and the relatively regular seasonal cycle in 
abundance throughout the area counter the idea that disturbances from 
powerboats may result in site abandonment (Johnson and Acevedo-
Gutierrez, 2007). As a general statement from the available 
information, pinnipeds exposed to intense (approximately 110 to 120 
decibels re: 20 [mu]Pa) non-pulsed sounds often leave haul-out areas 
and seek refuge temporarily (minutes to a few hours) in the water 
(Southall et al., 2007).
    The potential for striking marine mammals is a concern with vessel 
traffic. Typically, the reasons for vessel strikes are fast transit 
speeds, lack of maneuverability, or not seeing the animal because the 
boat is so large. Point Blue's researchers will access areas at slow 
transit speeds in small boats that are easily maneuverable, minimizing 
any chance of an accidental strike.
    There are other ways in which disturbance, as described previously, 
could result in more than Level B harassment of marine mammals. They 
are most likely to be consequences of stampeding, a potentially 
dangerous occurrence in which large numbers of animals succumb to mass 
panic and rush away from a stimulus. These situations are: (1) Falling 
when entering the water at high-relief locations; (2) extended 
separation of mothers and pups; and (3) crushing of pups by larger 
animals during a stampede. However, NMFS does not expect any of these 
scenarios to occur at SEFI, ANI, or PRNS. There is the risk of injury 
if animals stampede towards shorelines with precipitous relief (e.g., 
cliffs). Researchers will take precautions, such as moving slowly and 
staying close to the ground, to ensure that flushes do not result in a 
stampede of pinnipeds heading to the sea. Point Blue reports that 
stampedes are extremely rare at their survey locations. Furthermore, no 
research activities would occur at or near pinniped rookeries. Breeding 
animals are concentrated in areas where researchers would not visit so 
NMFS does not expect mother and pup separation or crushing of pups 
during flushing. Furthermore, if pups should be present at Point Blue, 
researchers will avoid visiting that particular site.
    Given the nature of the proposed activities (i.e. animal 
observations from a distance and limited motorboat operations) in 
conjunction with proposed mitigation measures, NMFS is confident that 
any anticipated effects would be in the form of behavioral disturbance 
only. NMFS considers the risk of injury, serious injury, or mortality 
to marine mammals to be very low.
    There are no habitat modifications associated with the proposed 
activity other than the presence of existing observation blinds by 
researchers to monitor animals. These blinds disturb only a few square 
feet of habitat. The presence of the blinds will likely result in a net 
decrease in disturbance since the researchers will only be visible 
briefly as they enter and exit the blind. Thus, NMFS does not expect 
that the proposed activity would have any effects on marine mammal 
habitat and NMFS expects that there will be no long- or short-term 
physical impacts to pinniped habitat on SEFI, ANI, or PRNS.

Estimated Take

    This section 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 pedestrian researchers. Based on the nature 
of the activity, Level A harassment is neither anticipated nor proposed 
to be authorized.
    As described previously, no mortality is anticipated or proposed to 
be authorized for this activity. Below we describe how the take is 
estimated. NMFS bases these take estimates on historical data from the 
five previous monitoring reports to generate 95 percent confidence 
interval maximums (assuming normal distribution) using STATA, a 
general-purpose statistical computer software package. Results are 
shown in Table 2. Takes recorded in all previous monitoring reports 
were based on occurrences that are consistent with Levels 2 and 3 of 
the three-point-scale (See Table 4). Note that Point Blue has never 
exceeded authorized take levels under any previously issued IHA. For 
California sea lions and harbor seals, NMFS elected to use the values 
projected as shown in Table 2. However, since the projected take 
numbers for northern elephant seals and Steller sea lions were very 
close to recorded takes in 2017-2018, NMFS increased the proposed take 
numbers for these species by 20 percent over the actual 2017-2018 take 
numbers shown in Table 2. This provides a buffer so Point Blue can 
continue their work if recorded takes for those two species exceeded 
take numbers generated by the STATA program. Proposed authorized take 
numbers are shown in Table 3.

       Table 2--Past Reported Take Observations and Estimated Take for Proposed 2018-2019 Point Blue Activities According to Statistical Analysis
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          Reported take observations from past seasons 1
                         Species                         -------------------------------------------------------------------------------- Projected Take
                                                            IHA (2013-      IHA (2014-      IHA (2015-      IHA (2016-    IHA (2017-2018   2018-2019 IHA
---------------------------------------------------------------2014)-----------2015)-----------2016)-----------2017)------------------------------------
California Sea Lions....................................           3,610           2,254           4,646      36,397 \1\          22,612          32,623
Northern Elephant Seals.................................              67              30              97             169             198             199
Harbor Seals............................................             109             141             259             292             234             304
Steller Sea Lions (E-DPS)...............................               4              12               6              31              35              36
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Large increase in California sea lions likely due to El Ni[ntilde]o event.


[[Page 20051]]


 Table 3--Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be
                                                      Taken
----------------------------------------------------------------------------------------------------------------
                                                                                                   Percentage of
                Species                           Stock                Stock      Total proposed     stock or
                                                                     abundance     Level B take     population
----------------------------------------------------------------------------------------------------------------
California sea lion...................  U.S.....................         296,750          32,623            10.9
Northern elephant seal................  California breeding              179,000             238            0.13
                                         stock.
Harbor seal...........................  California..............          30,968             304            0.98
Steller sea lion......................  Eastern U.S.............          71,562              42            0.05
----------------------------------------------------------------------------------------------------------------

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.

Mitigation for Marine Mammals and Their Habitat

    Point Blue has based the mitigation measures, which they will 
employ during the research, on the implementation of protocols used 
during previous Point Blue research activities under previous 
authorizations for these activities. Note that Point Blue and NMFS have 
refined mitigation requirements over the years in an effort to reduce 
behavioral disturbance impacts to marine mammals.
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with survey activities Point Blue will implement the 
following mitigation measures for marine mammals:
    (1) Slow approach to beaches for boat landings to avoid stampede, 
provide animals opportunity to enter water, and avoid vessel strikes;
    (2) Observe a site from a distance, using binoculars if necessary, 
to detect any marine mammals prior to approach to determine if 
mitigation is required (i.e., site surveys will not be conducted if 
northern fur seals, or Guadalupe fur seals are present; if other 
pinnipeds are present, researchers will approach with caution, walking 
slowly, quietly, and close to the ground to avoid surprising any 
hauled-out individuals and to reduce flushing/stampeding of 
individuals);
    (3) Avoid pinnipeds along access ways to sites by locating and 
taking a different access way. Researchers will keep a safe distance 
from and not approach any marine mammal while conducting research, 
unless it is absolutely necessary to flush a marine mammal in order to 
continue conducting research (i.e., if a site cannot be accessed or 
sampled due to the presence of pinnipeds);
    (4) Avoid visits to sites when pups are present or when species for 
which authorization has not been granted (e.g., northern fur seals and 
Guadalupe fur seals) are present;
    (5) Monitor for offshore predators and do not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinus orca) are present. If Point Blue and/or its designees 
see pinniped predators in the area, they must not disturb the pinnipeds 
until the area is free of predators;
    (6) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds;
    (7) Conduct seabird observations at North Landing on SEFI in an 
observation blind, shielded from the view of hauled out pinnipeds;
    (8) Crawl slowly to access seabird nest boxes on ANI if pinnipeds 
are within view;
    (9) Coordinate research visits to intertidal areas of SEFI (to 
reduce potential take) and coordinate research goals for ANI to 
minimize the number of trips to the island;
    (10) Require beach landings on ANI only occur after any pinnipeds 
that might be present on the landing beach have entered the water; and
    (11) Have the lead biologist serve as an observer to record 
incidental take.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
prescribed mitigation measures provide the means effecting the least 
practicable impact on the affected species or stocks and their habitat, 
paying particular attention to rookeries, mating grounds, and areas of 
similar significance.

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.

[[Page 20052]]

    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.
    Point Blue will contribute to the knowledge of pinnipeds in 
California by noting observations of: (1) Unusual behaviors, numbers, 
or distributions of pinnipeds, such that any potential follow-up 
research can be conducted by the appropriate personnel; (2) tag-bearing 
pinnipeds or carcasses, allowing transmittal of the information to 
appropriate agencies and personnel; and (3) rare or unusual species of 
marine mammals for agency follow-up.
    Required monitoring protocols for Point Blue will include the 
following:
    (1) Record of date, time, and location (or closest point of 
ingress) of each visit to the research site;
    (2) Composition of the marine mammals sighted, such as species, 
gender and life history stage (e.g., adult, sub-adult, pup);
    (3) Information on the numbers (by species) of marine mammals 
observed during the activities;
    (4) Estimated number of marine mammals (by species) that may have 
been harassed during the activities;
    (5) Behavioral responses or modifications of behaviors that may be 
attributed to the specific activities and a description of the specific 
activities occurring during that time (e.g., pedestrian approach, 
vessel approach); and
    (6) Information on the weather, including the tidal state and 
horizontal visibility.
    For consistency, any reactions by pinnipeds to researchers will be 
recorded according to a three-point scale shown in Table 4. Note that 
only observations of disturbance noted in Levels 2 and 3 should be 
recorded as takes.

           Table 4--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
             Level               Type of response        Definition
------------------------------------------------------------------------
1.............................  Alert............  Seal head orientation
                                                    or brief movement in
                                                    response to
                                                    disturbance, which
                                                    may include turning
                                                    head towards the
                                                    disturbance, craning
                                                    head and neck while
                                                    holding the body
                                                    rigid in a u-shaped
                                                    position, changing
                                                    from a lying to a
                                                    sitting position, or
                                                    brief movement of
                                                    less than twice the
                                                    animal's body
                                                    length.
2 *...........................  Movement.........  Movements in response
                                                    to the source of
                                                    disturbance, ranging
                                                    from short
                                                    withdrawals at least
                                                    twice the animal's
                                                    body length to
                                                    longer retreats over
                                                    the beach, or if
                                                    already moving a
                                                    change of direction
                                                    of greater than 90
                                                    degrees.
3 *...........................  Flush............  All retreats
                                                    (flushes) to the
                                                    water.
------------------------------------------------------------------------
* Only observations of disturbance Levels 2 and 3 are recorded as takes.

    This information will be incorporated into a monitoring report for 
NMFS. The monitoring report will cover the period from January 1, 2018 
through December 31, 2018. NMFS has requested that Point Blue submit 
annual monitoring report data on a calendar year schedule, regardless 
of the current IHA's initiation or expiration dates. This will ensure 
that data from all consecutive months will be collected and, therefore, 
can be analyzed to estimate authorized take for future IHA's regardless 
of the existing IHA's issuance date. Point Blue will submit a draft 
monitoring report to NMFS Office of Protected Resources by April 1, 
2018. A final report will be prepared and submitted within 30 days 
following resolution of any comments on the draft report from NMFS. If 
no comments are received from NMFS, the draft final report will be 
considered to be the final report. This report must contain the 
informational elements described above, at minimum.
    Point Blue must also report observations of unusual pinniped 
behaviors, numbers, or distributions and tag-bearing carcasses to NMFS 
West Coast Region office.
    If at any time the specified activity clearly causes the take of a 
marine mammal in a manner prohibited by this IHA, such as an injury 
(Level A harassment), serious injury, or mortality, Point Blue will 
immediately cease the specified activities and report the incident to 
the Office of Protected Resources, NMFS, and the West Coast Regional 
Stranding Coordinator, NMFS. The report must include the following 
information:
    (1) Time and date of the incident;
    (2) Description of the incident;
    (3) Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    (4) Description of all marine mammal observations in the 24 hours 
preceding the incident;
    (5) Species identification or description of the animal(s) 
involved;
    (6) Fate of the animal(s); and
    (7) Photographs or video footage of the animal(s).
    Activities will not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS will work with Point Blue to 
determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Point Blue may not 
resume the activities until notified by NMFS.
    In the event that an injured or dead marine mammal is discovered 
and it is determined that the cause of the injury or death is unknown 
and the death is relatively recent (e.g., in less than a moderate state 
of decomposition), Point Blue will immediately report the

[[Page 20053]]

incident to the Office of Protected Resources, NMFS, and the West Coast 
Regional Stranding Coordinator, NMFS. The report must include the same 
information identified in the paragraph above IHA. Activities may 
continue while NMFS reviews the circumstances of the incident. NMFS 
will work with Point Blue to determine whether additional mitigation 
measures or modifications to the activities are appropriate.
    In the event that an injured or dead marine mammal is discovered 
and it is determined that the injury or death is not associated with or 
related to the activities authorized in the IHA (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, or 
scavenger damage), Point Blue will report the incident to the Office of 
Protected Resources, NMFS, and the West Coast Regional Stranding 
Coordinator, NMFS, within 24 hours of the discovery. Point Blue will 
provide photographs or video footage or other documentation of the 
stranded animal sighting to NMFS. Activities may continue while NMFS 
reviews the circumstances of the incident.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    For reasons stated previously in this document and based on the 
following factors, NMFS does not expect Point Blue's specified 
activities to cause long-term behavioral disturbance that would 
negatively impact an individual animal's fitness, or result in injury, 
serious injury, or mortality. Although Point Blue's survey activities 
may disturb marine mammals, NMFS expects those impacts to occur to 
localized groups of animals at or near survey sites. Behavioral 
disturbance would be limited to short-term startle responses and 
localized behavioral changes due to the short duration (ranging from 
<15 minutes for visits at most locations up to 2-5 hours from April-
August at SEFI) of the research activities. At some locations, where 
resupply activities occur, visits will occur once every two weeks. 
Minor and brief responses including short-duration startle reactions, 
are not likely to constitute disruption of behavioral patterns, such as 
migration, nursing, breeding, feeding, or sheltering. These short 
duration disturbances (in many cases animals will return in 30 minutes 
or less) will generally allow marine mammals to reoccupy haulouts 
relatively quickly; therefore, these disturbances would not be 
anticipated to result in long-term disruption of important behaviors. 
No surveys will occur at or near rookeries as researchers will have 
limited access to SEFI, ANI, and PRNS during the pupping season and 
will not approach sites should pups be observed. Furthermore, breeding 
animals tend to be concentrated in areas that researchers are not 
scheduled to visit. Therefore, NMFS does not expect mother and pup 
separation or crushing of pups during stampedes.
    Level B behavioral harassment of pinnipeds may occur during the 
operation of small motorboats. However, exposure to boats and 
associated engine noise would be brief and would not occur on a 
frequent basis. Results from studies demonstrate that pinnipeds 
generally return to their sites and do not permanently abandon haul-out 
sites after exposure to motorboats. The chance of a vessel strike is 
very low due to small boat size and slow transit speeds. Researchers 
will delay ingress into the landing areas until after the pinnipeds 
enter the water and will cautiously operate vessels at slow speeds.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect the species or stock 
through effects on annual rates of recruitment or survival:
     No serious injury or mortality is anticipated or 
authorized.
     Only limited behavioral disturbance in the form of short-
duration startle reactions is expected while mitigation requirements 
employed by researchers (e.g. move slowly, use hushed voices) should 
further decrease disturbance levels.
     There is no activity near rookeries and researchers will 
avoid pups.
     There is likely to be limited impact from boats due to 
their small size, maneuverability and the requirement to delay ingress 
until after hauled out pinnipeds have entered the water.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds 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 four marine mammal 
stocks could potentially be affected by Level B harassment under the 
proposed authorization. For each stock, these numbers are small 
relative to the population size. As shown previously in Table 3, these 
incidental harassment numbers represent approximately 10.9 percent of 
the U.S. stock of California sea lion, 0.98 percent of the California 
stock of Pacific harbor seal, 0.13 percent of the California breeding 
stock of northern elephant seal, and 0.05 percent of the eastern 
distinct population segment of Steller sea lion. Note that the number 
of individual marine mammals

[[Page 20054]]

taken is assumed to be less than the take estimate (number of 
exposures) since we assume that the same animals may be behaviorally 
harassed over multiple days.
    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 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

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to Point Blue Conservation Science for conducting research 
surveys at SEFI, ANI, and PRNS from June July 7, 2018 through July 6, 
2019 provided the previously mentioned mitigation, monitoring, and 
reporting requirements are incorporated. This section contains a draft 
of the IHA itself. The wording contained in this section is proposed 
for inclusion in the IHA (if issued).
    1. This Incidental Harassment Authorization (IHA) is valid for a 
period of one year from July 7, 2018 through July 6, 2019.
    2. This IHA is valid only for specified activities associated with 
seabird research and resupply activities located on or near Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore in central California.
    3. General Conditions.
    (a) A copy of this IHA must be in the possession of Point Blue, its 
designees, and work crew personnel operating under the authority of 
this IHA.
    (b) The incidental taking of marine mammals, by Level B harassment 
only, is limited to the following species and associated authorized 
take numbers as shown below:
    (i) 304 harbor seal; (Phoca vitulina richardii);
    (ii) 32,623 California sea lions (Zalophus californianus);
    (iii) 42 Steller sea lions (Eumetopias jubatus); and
    (iv) 238 northern elephant seals (Mirounga angustirostris).
    (c) 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.
    4. Mitigation Measures.
    The holder of this Authorization is required to implement the 
following mitigation measures:
    (a) Researchers shall slowly approach beaches for boat landings to 
avoid stampede, provide animals opportunity to enter water, and avoid 
vessel strikes.
    (b) Researchers shall observe a site from a distance, using 
binoculars if necessary, to detect any marine mammals prior to approach 
to determine if mitigation is required (i.e., site surveys shall not be 
conducted if northern fur seals, or Guadalupe fur seals are present; if 
other pinnipeds are present, researchers shall approach with caution, 
walking slowly, quietly, and close to the ground to avoid surprising 
any hauled-out individuals and to reduce flushing/stampeding of 
individuals).
    (c) Researchers shall avoid pinnipeds along access ways to sites by 
locating and taking a different access way. Researchers shall keep a 
safe distance from and not approach any marine mammal while conducting 
research, unless it is absolutely necessary to flush a marine mammal in 
order to continue conducting research (i.e., if a site cannot be 
accessed or sampled due to the presence of pinnipeds).
    (d) Researchers shall avoid visits to sites when pups are present 
or when species for which authorization has not been granted (e.g., 
northern fur seals and Guadalupe fur seals) are present.
    (e) Researchers shall monitor for offshore predators and shall not 
approach hauled-out pinnipeds if great white sharks (Carcharodon 
carcharias) or killer whales (Orcinus area) are observed. If Point Blue 
and/or its designees see pinniped predators in the area, they must not 
disturb the pinnipeds until the area is free of predators.
    (f) Researchers shall keep voices hushed and bodies low to the 
ground in the visual presence of pinnipeds.
    (g) Researchers shall conduct seabird observations at North Landing 
on Southeast Farallon Island in an observation blind, shielded from the 
view of hauled out pinnipeds.
    (h) Researchers shall crawl slowly to access seabird nest boxes on 
A[ntilde]o Nuevo Island if pinnipeds are within view.
    (i) Researchers shall coordinate research visits to intertidal 
areas of Southeast Farallon Island (to reduce potential take) and 
coordinate research goals for A[ntilde]o Nuevo Island to minimize the 
number of trips to the island.
    (j) Beach landings shall be required on A[ntilde]o Nuevo Island and 
shall only occur after any pinnipeds that might be present on the 
landing beach have entered the water.
    (k) The lead biologist shall serve as an observer to record 
incidental take.
    5. Monitoring.
    The holder of this IHA is required to:
    (a) Record the date, time, and location (or closest point of 
ingress) of each visit to the research site.
    (b) Collect the following information for each visit:
    (i) Composition of the marine mammals sighted, such as species, 
gender and life history stage (e.g., adult, sub-adult, pup);
    (ii) Information on the numbers (by species) of marine mammals 
observed during the activities;
    (iii) Estimated number of marine mammals (by species) that may have 
been harassed during the activities;
    (iv) Behavioral responses or modifications of behaviors that may be 
attributed to the specific activities and a description of the specific 
activities occurring during that time (e.g., pedestrian approach, 
vessel approach); and
    (v) Information on the weather, including the tidal state and 
horizontal visibility.
    (c) Researchers shall record marine mammal disturbances according 
to a three-point scale of intensity including:
    (i) Seal head orientation or brief movement in response to 
disturbance, which may include turning head

[[Page 20055]]

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 
``alert'';
    (ii) Movements in response to source of disturbance, ranging from 
short withdrawals at least twice the animal's body length to longer 
retreats over the beach, or if already moving a change of direction of 
greater than 90 degrees, ``movement''; and
    (iii) All retreats (flushes) to the water, ``flush''.
    (iv) Observations of disturbance Levels (ii) and (iii) shall be 
recorded as takes.
    (d) If applicable, note observations of marked or tag-bearing 
pinnipeds or carcasses, as well as any rare or unusual species of 
marine mammal which should be reported to the West Coast Regional 
Office.
    (e) If applicable, note the presence of any offshore predators 
(date, time, number, and species).
    6. Reporting.
    The holder of this Authorization is required to:
    (a) Report observations of unusual behaviors or numbers of 
pinnipeds to the NMFS West Coast Region Office so that the appropriate 
personnel NMFS personnel may conduct any potential follow-up 
observations.
    (b) Submit a draft monitoring report to NMFS Office of Protected 
Resources by April 1, 2018 covering the time period of January 1, 2018 
through December 31, 2018. A final report shall be prepared and 
submitted within 30 days following resolution of any comments on the 
draft report from NMFS. If no comments are received from NMFS, the 
draft final report will be considered to be the final report.
    (c) Reporting injured or dead marine mammals:
    (i) In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by this IHA, 
such as an injury (Level A harassment), serious injury, or mortality, 
Point Blue shall immediately cease the specified activities and report 
the incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, and the West 
Coast Regional Stranding Coordinator. The report must include the 
following information:
    1. Time and date of the incident;
    2. Description of the incident;
    3. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
    4. Description of all marine mammal observations in the 24 hours 
preceding the incident;
    5. Species identification or description of the animal(s) involved;
    6. Fate of the animal(s); and
    7. Photographs or video footage of the animal(s).
    8. Activities shall not resume until NMFS is able to review the 
circumstances of the prohibited take. NMFS shall work with Point Blue 
to determine what measures are necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Point Blue may not 
resume their activities until notified by NMFS.
    (ii) In the event that Point Blue discovers an injured or dead 
marine mammal, and the lead observer determines that the cause of the 
injury or death is unknown and the death is relatively recent (e.g., in 
less than a modest state of decomposition), Point Blue shall 
immediately report the incident to the NMFS contacts listed in 6(c)(i). 
The report must include the same information identified in 6(c)(i). 
Activities may continue while NMFS reviews the circumstances of the 
incident. NMFS will work with Point Blue to determine whether 
additional mitigation measures or modifications to the activities are 
appropriate.
    (iii) In the event that Point Blue discovers an injured or dead 
marine mammal, and the lead observer determines that the injury or 
death is not associated with or related to the activities authorized in 
the IHA (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), Point Blue shall report 
the incident to the NMFS contacts listed in 6(c)(i). Point Blue shall 
provide photographs, 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 
action. 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: May 2, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-09610 Filed 5-4-18; 8:45 am]
 BILLING CODE 3510-22-P