[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9740-9745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03399]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XR081]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Seabird Research Activities in 
Central California

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

ACTION: Notice; issuance of an incidental harassment authorization 
renewal.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) 
Renewal to Point Blue Conservation Science (Point Blue) to harass 
marine mammals incidental to seabird research activities in central 
California.

DATES: This IHA Renewal is valid from February 14, 2020 through July 6, 
2020.

FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application, Renewal request, and supporting documents (including NMFS 
notices of the original proposed and final authorizations, and the 
previous IHA), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the 
contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. 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 incidental take authorization is provided to the public for 
review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of the takings are also required. 
The meaning of key terms such as ``take,'' ``harassment,'' and 
``negligible impact'' can be found in section 3 of the MMPA (16 U.S.C. 
1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed one year for each reauthorization. In the notice of proposed IHA 
for the initial authorization, NMFS described the circumstances under 
which we would consider issuing a Renewal for this activity, and 
requested public comment on a potential Renewal under those 
circumstances. Since that time, we have made minor changes to the 
Renewal process, none of which materially affects the scope of a 
Renewal IHA or the conditions for receiving one. Specifically, on a 
case-by-case basis, NMFS may issue a one-year IHA Renewal when (1) up 
to 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 of the initial IHA. The 
expiration date of the Renewal IHA cannot extend beyond one year from 
expiration of the initial IHA. All of the following conditions must be 
met in order to issue a Renewal:
     A request for Renewal is received no later than 60 days 
prior to the needed Renewal. Previously the request was to be received 
no later than 60 days prior to expiration of the initial IHA. But where 
authorization under Renewal IHAs will not extend beyond one year from 
expiration of the initial IHA regardless of when the renewal 
application is received and where it is up to the applicant to 
determine when take coverage is needed, a request can be received later 
than 60 days prior to expiration of the initial IHA provided NMFS has 
60 days to process the renewal;
     The request for Renewal must include the following:
    (1) An explanation that the activities to be conducted beyond the 
initial IHA 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; and
    (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 initial findings remain valid.
    For this Renewal IHA, the request was received later than 60 days 
prior to expiration of the initial IHA. However, the other 
qualifications were met and these circumstances initiated the agency's 
consideration of whether the

[[Page 9741]]

original 60-day deadline requirement was necessary and appropriate.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed Renewal. In this case, the agency 
inadvertently did not provide direct notice to a commenter when the 
Renewal was first proposed (84 FR 61892; November 14, 2019). Therefore, 
NMFS republished a notice of proposed Renewal on December 31, 2019 (84 
FR 72301) to allow an additional 15 days of public comment (for a total 
of 60 days), with direct notice provided to that commenter.
    A description of the Renewal process may be found on our website 
at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Comments that were 
received on the potential Renewal, along with relevant comments on the 
initial IHA, were considered in the development of this Renewal IHA, 
and agency responses to applicable comments have been included in this 
notice.

History of Request

    On June 28, 2018, NMFS issued an IHA to Point Blue to take marine 
mammals incidental to seabird research activities in central California 
(83 FR 31372; July 5, 2018), effective from July 7, 2018 through July 
6, 2019. On August 20, 2019, NMFS received an application for the 
Renewal of that initial IHA. As described in the application for 
Renewal, the activities for which incidental take is requested are 
identical to those covered in the initial authorization. As required, 
the applicant also provided a preliminary monitoring report consisting 
of the report of actual takes from January 1, 2018 through December 31, 
2018 plus an updated report of takes from January 1, 2019 through the 
expiration of the initial IHA on July 6, 2019, which was provided 
following publication of the first proposed Renewal notice. Both 
reports are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities and confirm that the applicant has implemented the 
required mitigation and monitoring. The reports also show that no 
impacts of a scale or nature not previously analyzed or authorized have 
occurred as a result of the activities conducted. On November 14, 2019 
we published a notice of proposed Renewal IHA (84 FR 61892). A second 
notice of proposed Renewal IHA was published on December 31, 2019 (84 
FR 72301) allowing for an additional 15 days of public comment.

Description of the Specified Activities and Anticipated Impacts

    Point Blue plans to monitor and census seabird populations, observe 
seabird nesting habitat, restore nesting burrows, and resupply a field 
station annually in central California. The planned activities occur on 
Southeast Farallon Island (SEFI), A[ntilde]o Nuevo Island (ANO), and 
Point Reyes National Seashore (PRNS). Point Blue, along with partners 
Oikonos Ecosystem Knowledge and PRNS, have been conducting seabird 
research activities at these locations for over 30 years. This research 
is conducted under cooperative agreements with the U.S. Fish and 
Wildlife Service (USFWS) in consultation with the Gulf of the 
Farallones National Marine Sanctuary. The seabird research and 
monitoring activities planned by Point Blue are identical to those 
analyzed in the initial IHA issued by NMFS, described in detail in the 
notice of Proposed IHA (83 FR 20045; May 7, 2018).
    Presence of researchers has the potential to disturb pinnipeds 
hauled out at SEFI, ANO, and PRNS. As in the initial authorization, 
NMFS anticipates that take, by Level B harassment only, of California 
sea lions (Zalophus californianus), harbor seals (Phoca vitulina), 
northern elephant seals (Mirounga angustirostris), and Steller sea 
lions (Eumetopias jubatus) could result from the specified activity (83 
FR 31372; July 5, 2018).

Detailed Description of the Activity

    A detailed description of the seabird research and monitoring 
activities for which take is authorized here may be found in the 
notices of the Proposed and Final IHAs for the initial authorization 
(83 FR 20045, May 7, 2018; 83 FR 31372, July 5, 2018). The locations 
(as described in the Specific Geographic Region section of the initial 
IHA), timing, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
previous notices. This Renewal is effective from February 14, 2020 
through July 6, 2020.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which take has been authorized, including information on abundance, 
status, distribution, and hearing, may be found in the notice of the 
Proposed IHA for the initial authorization (83 FR 20045; May 7, 2018). 
NMFS has reviewed the monitoring data from the initial IHA, recent 
draft Stock Assessment Reports, information on relevant Unusual 
Mortality Events, and other scientific literature. The 2018 Stock 
Assessment Report notes that the estimated abundance of California sea 
lions has decreased slightly, however, neither this nor any other new 
information affects which species or stocks have the potential to be 
affected or the pertinent information in the section Description of 
Marine Mammals in the Area of Specified Activities contained in the 
supporting documents for the initial IHA.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which take is 
authorized here may be found in the notice of the Proposed IHA for the 
initial authorization (83 FR 20045; May 7, 2018). NMFS has reviewed the 
monitoring data from the initial IHA, recent Stock Assessment Reports, 
information on relevant Unusual Mortality Events, other scientific 
literature, and the public comments received, and determined that 
neither these nor any other new information affects our initial 
analysis of potential impacts on marine mammals and their habitat.

Estimated Take

    A detailed description of the methods and inputs used to estimate 
take for the specified activity is found in the notices of the Proposed 
and Final IHAs for the initial authorization (83 FR 20045, May 7, 2018; 
83 FR 31372, July 5, 2018). Specifically, the expected number of survey 
days, and marine mammal occurrence data applicable to this 
authorization remain unchanged from the previously issued IHA. 
Similarly, the stocks taken, methods of take, and types of take remain 
unchanged from the previously issued IHA, as do the number of 
authorized takes, which are indicated below in Table 1. As in the 
initial IHA, the take estimates are based on historical data from the 
previous five monitoring reports (2013-2014, 2014-2015, 2015-2016, 
2016-2017, and 2017-2018) to generate 95 percent confidence interval 
maximums (assuming normal distribution) using STATA, a general-purpose 
statistical computer package. Takes recorded in all previous monitoring 
reports were based on occurrences that are consistent with Levels 2 and 
3 of the three-point harassment scale (see Table 2).

[[Page 9742]]



 Table 1--Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be
                                                      Taken
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                                                                                                   Percentage of
                Species                           Stock                Stock      Total proposed     stock or
                                                                     abundance     Level B take     population
----------------------------------------------------------------------------------------------------------------
California sea lion...................  U.S.....................         257,606          32,623            12.7
Northern elephant seal................  California breeding              179,000             239            0.13
                                         stock.
Harbor seal...........................  California..............          30,968             304            0.98
Steller sea lion......................  Eastern U.S.............          41,638              43            0.10
----------------------------------------------------------------------------------------------------------------

Description of Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures included as 
requirements in this authorization are identical to those included in 
the notice announcing the issuance of the initial IHA (83 FR 31372; 
July 5, 2018), and the discussion of the least practicable adverse 
impact included in that document remains accurate. The following 
measures are included in this Renewal:
    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 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) Cease or delay visits if the number of takes that have been 
authorized are met, if a species for which takes were not authorized is 
observed (e.g., northern fur seals (Callorhinus ursinus) and Guadalupe 
fur seals (Arctocephalus townsendi)), or if pups 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 activities for ANI to 
minimize the number of trips to the island; and
    (10) Require that beach landings on ANI only occur after any 
pinnipeds that might be present on the landing beach have entered the 
water.
    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.
    The lead biologist will serve as an observer to record incidental 
take. For consistency, any reactions by pinnipeds to researchers will 
be recorded according to a three-point scale shown in Table 2. Note 
that only observations of disturbance noted in Levels 2 and 3 should be 
recorded as takes.

           Table 2--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.


[[Page 9743]]

    This information must be incorporated into a monitoring report for 
NMFS. The monitoring report will cover the period from January 1, 2019 
through December 31, 2019. NMFS requires that Point Blue submit annual 
monitoring report data on a calendar year schedule, regardless of the 
current IHA's initiation or expiration dates. This ensures 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 for the 2019 activities to NMFS Office of Protected Resources by 
April 1, 2020. 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 monitoring 
report will be considered to be the final report.
    Point Blue must also submit a draft monitoring report covering the 
period from January 1, 2020 through July 6, 2020. This report will be 
due by October 4, 2020 (90 days after the expiration of the Renewal 
IHA). A final report must 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 monitoring report will be 
considered to be the final report. The reports 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 the 
NMFS West Coast Regional 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 NMFS Office of Protected Resources, and the NMFS 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).
    Activities must 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 must 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 required in the report on unauthorized take. 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 covered by the IHA (e.g., previously wounded 
animal, carcass with moderate to advanced decomposition, or scavenger 
damage), Point Blue must 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 must provide 
photographs, video footage, or other documentation of the stranded 
animal sighting to NMFS. Activities may continue while NMFS reviews the 
circumstances of the incident.

Public Comments

    A notice of NMFS' proposal to issue a Renewal to Point Blue was 
published on November 14, 2019 (84 FR 61892). A second notice of 
proposed IHA Renewal was published on December 31, 2019 (84 FR 72301). 
These notices either described, or referenced descriptions of, Point 
Blue's activity, the marine mammal species that may be affected by the 
activity, the potential effects on marine mammals and their habitat, 
proposed amount and manner of take, and proposed mitigation, monitoring 
and reporting measures. During the public comment periods, NMFS 
received comment letters from the Marine Mammal Commission 
(Commission). The comments and our responses are provided below.
    Comment 1: In their November 22, 2019 letter, the Commission noted 
that Point Blue's initial IHA did not include the terms and conditions 
outlining the possibility of a Renewal and that Point Blue did not 
request the IHA Renewal at least 60 days prior to the expiration of 
their initial IHA. The Commission also noted that the monitoring report 
provided by Point Blue covered the period of January 1, 2018 through 
December 31, 2018, though the initial authorization was valid from July 
7, 2018 through July 6, 2019. The Commission claimed that without 
monitoring data from January 1 until July 6, 2019, it is unclear 
whether the number of animals taken were within the authorized limits 
of the initial IHA. Therefore, the Commission recommended NMFS deny 
Point Blue's request for an IHA Renewal and republish an abbreviated 
notice of proposed IHA with a 30-day public comment period.
    Response: Though the Commission is correct that the Renewal IHA 
requirements were unintentionally left out of the final authorization 
for Point Blue's initial IHA, complete information on the terms and 
conditions for considering a Renewal were included in the notice of the 
initial proposed IHA (83 FR 20045; May 7, 2018), which also invited the 
public to comment on both the initial proposed IHA and the potential 
for a Renewal. It is this notice that is important to ensure the public 
has sufficient information to comment on a potential Renewal for the 
specific activity. The purpose of Renewal process language being 
included in the issued initial IHA itself is to remind the IHA holder 
of the possibility of seeking a Renewal, if their activities qualify. 
But this information was in the notice of the proposed initial IHA and 
is also easily accessible on NMFS' website, so while the information 
should have been included in the final initial IHA, its omission did 
not inhibit the Renewal process.
    The Commission is correct that Point Blue did not request a Renewal 
at least 60 days prior to the expiration of their 2018 IHA, but NMFS 
has since revised the conditions for a Renewal to state that a request 
for Renewal must be received no later than 60 days prior to the needed 
Renewal. The purpose of the 60-day deadline was to ensure that NMFS has 
sufficient time to process the Renewal request. Where authorization 
under Renewal IHAs will not extend beyond one year from expiration of 
the initial IHA regardless of when the renewal application is received 
and where it is up to the applicant to determine when take coverage is

[[Page 9744]]

needed, we realized that a Renewal request can be received later than 
60 days prior to expiration of the initial IHA provided NMFS has 60 
days to process the renewal. The instructions for applying for a 
Renewal IHA have been revised accordingly.
    The initial IHA required a monitoring report covering the period 
from January 1, 2018 through December 31, 2018 to be submitted by April 
1, 2019. As discussed earlier, Point Blue's annual monitoring report is 
based on a calendar year regardless of the IHA's initiation or 
expiration dates to ensure that data from all consecutive months can be 
analyzed to estimate authorized take for future IHA's regardless of the 
existing IHA's issuance date. Point Blue submitted their monitoring 
report on time and the report indicated no impacts of a scale or nature 
not previously analyzed or authorized, which is required for 
consideration of a Renewal IHA. Point Blue subsequently provided an 
updated report of takes from January 1, 2019 through the expiration of 
the initial IHA on July 6, 2019. In their January 8, 2020 letter, the 
Commission noted that the updated report contained only a table of 
reported takes, and suggested that the updated report was inadequate to 
support NMFS' requirement that the report shows that no impacts of a 
scale or nature not previously analyzed or authorized had occurred as a 
result of the activities conducted. When the updated monitoring report 
is considered in conjunction with the initial monitoring report 
provided as required by their 2018 IHA, NMFS has determined that the 
reporting requirements have been satisfied and the monitoring results 
indicate no impacts of a scale or nature not previously analyzed and 
authorized.
    Comment 2: In their November 22, 2019 letter, the Commission noted 
that the description of the Renewals process on NMFS's website 
indicates that NMFS would directly contact all commenters on the 
initial authorization by email, phone, or postal service to notify them 
of the proposed IHA Renewal and provide commenters the opportunity to 
submit additional comment, but that the Commission had not been 
directly contacted regarding any proposed IHA Renewals to date.
    Response: NMFS published a second notice of the proposed Renewal 
IHA on December 31, 2019 (84 FR 72301) and ensured that the Commission 
was directly notified by email. NMFS will ensure that the Commission is 
contacted along with all other persons who commented on the initial IHA 
on all future proposed IHA Renewals. We regret the oversight, which 
occurred because the Commission itself has consistently contacted NMFS 
regarding both proposed initial IHAs and proposed Renewal IHAs, either 
upon notice of the proposed IHA being posted online by the Office of 
the Federal Register for public inspection (which occurs the day prior 
to formal publication) or on the first day of the formal comment 
period, without notification of the proposed IHA from NMFS.
    Comment 3: The Commission noted that Point Blue has been requesting 
one-year authorizations to take marine mammals incidental to its 
activities for numerous years, and their activities are likely to 
continue into the future. The Commission therefore recommended that 
NMFS authorize the taking of marine mammals incidental to Point Blue's 
activities via a rulemaking rather than individual IHAs and Renewals 
for all future Point Blue activities.
    Response: NMFS thanks the Commission for their recommendation. 
Point Blue has submitted a request for MMPA five-year regulations and 
Letters of Authorization and NMFS published a Notice of Receipt of 
Point Blue's request on December 4, 2019 (84 FR 66379).
    Comment 4: In their January 8, 2020 letter, the Commission alleged 
that NMFS revised its Renewal process in response to receiving Point 
Blue's request for Renewal later than 60 days prior to expiration of 
their IHA. For this reason, and those summarized in the previous 
comments, the Commission recommended NMFS deny Point Blue's request to 
renew its 2018 IHA, and refrain from issuing a new IHA without the 
standard 30-day public comment opportunity for proposed IHAs.
    Response: As discussed earlier, NMFS's consideration of when a 
Renewal IHA application must be submitted has evolved since the initial 
notice of proposed IHA, and we have revised our procedure for Renewals 
accordingly. The updated procedure is provided on NMFS' website 
(https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals) and will be included in 
all future authorizations. Additionally, we note that the total of the 
two comment periods for the Point Blue proposed Renewal IHA was 30 
days, which in combination with the initial 30-day comment period on 
the potential for a Renewal IHA provided a total of 60 days for public 
comment.

Determinations

    The seabird research and monitoring activities conducted by Point 
Blue, the method of taking, and the effects of the action are identical 
to those analyzed in the initial IHA, as is the planned frequency of 
research site visits within the authorization period. The potential 
effects of Point Blue's activities are limited to Level B harassment in 
the form of behavioral disturbance. In analyzing the effects of the 
activity in the initial IHA, NMFS determined that Point Blue's 
activities would have a negligible impact on the affected species or 
stocks and that the authorized take numbers of each species or stock 
were small relative to the relevant stocks (e.g., less than 13 percent 
for all stocks). The numbers of marine mammals authorized to be taken 
are identical to those authorized in the initial IHA. The mitigation 
measures and monitoring and reporting requirements as described above 
are identical to the initial IHA.
    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. This includes consideration of the estimated abundance of 
the California sea lion stock decreasing slightly. Based on the 
information and analysis contained here and in the referenced 
documents, NMFS has determined the following: (1) The required 
mitigation measures will effect the least practicable impact on marine 
mammal species or stocks and their habitat; (2) the authorized takes 
will have a negligible impact on the affected marine mammal species and 
stocks; (3) the authorized takes represent small numbers of marine 
mammals relative to the affected stock abundances; (4) Point Blue's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action; and (5) appropriate monitoring and 
reporting requirements are included.

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

[[Page 9745]]

exclusion. Accordingly, NMFS has determined that the issuance of the 
IHA Renewal qualifies to be categorically excluded from further NEPA 
review.

Endangered Species Act

    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 authorized or expected 
to result from this activity. Therefore, NMFS has determined that 
formal consultation under section 7 of the ESA is not required for this 
action.

Renewal

    NMFS has issued a Renewal IHA to Point Blue for the taking of 
marine mammals incidental to conducting seabird research in central 
California from the date of issuance (February 14, 2020) through July 
6, 2020.

    Dated: February 14, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-03399 Filed 2-19-20; 8:45 am]
 BILLING CODE 3510-22-P