[Federal Register Volume 85, Number 111 (Tuesday, June 9, 2020)]
[Notices]
[Pages 35268-35269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12400]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA160]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Lighthouse Repair and Tour Operations at Northwest Seal
Rock, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for Letter of Authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from the St. George Reef
Lighthouse Preservation Society (Society) for authorization to take
small numbers of marine mammals incidental to Lighthouse Repair and
Tour Operations at Northwest Seal Rock, California over the course of
five years from the date of issuance. Pursuant to regulations
implementing the Marine Mammal Protection Act (MMPA), NMFS is
announcing receipt of the Society's request for the development and
implementation of regulations governing the incidental taking of marine
mammals. NMFS invites the public to provide information, suggestions,
and comments on the Society's application and request.
DATES: Comments and information must be received no later than July 9,
2020.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
FOR FURTHER INFORMATION CONTACT: Bonnie DeJoseph, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of the Society's
application 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 incidental take authorization 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).
Summary of Request
On March 23, 2020, NMFS received a request from the Society for
authorization of take of marine mammals incidental to construction
activities related to the lighthouse maintenance and preservation
project at Northwest Seal Rock (NWSR), Del Norte County, California. We
determined the application was adequate and complete on April 16, 2020.
The requested regulations would be valid for five years, from November
1, 2020 through October 31, 2025, The Society plans to conduct
necessary work, including visiting the islet by helicopter to conduct
lighthouse renovations and periodic maintenance on the Station's
optical light system, as well as public tours of the historic
lighthouse, to preserve the lighthouse. The proposed action may
incidentally expose marine mammals occurring in the vicinity to
acoustic and visual stimuli from the following sources: (1) Helicopter
landings/takeoffs; (2) noise generated during restoration activities
(e.g.,
[[Page 35269]]
painting, plastering, welding, and glazing); (3) maintenance activities
(e.g., bulb replacement and automation of the light system); and (4)
human presence, thereby resulting in behavioral disturbance of
pinnipeds. Therefore, the Society requests authorization to
incidentally take marine mammals by harassment.
To date, NMFS has previously issued nine incidental harassment
authorizations (IHAs) to the Society to take marine mammals incidental
to the lighthouse maintenance and preservation project at NWSR, Del
Norte County, California for the same activities from 2010 to 2019.
Previous IHAs, monitoring reports, and related reference materials are
available for review at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities).
Specified Activities
The Station, listed in the National Park Service's National
Register of Historic Places, is located on NWSR approximately 7 km
offshore of Crescent City, California in the northeast Pacific Ocean.
The Station, built in 1892, rises 45.7 meters (m) (150 feet (ft)) above
sea level. The structure consists of hundreds of granite blocks topped
with a cast iron lantern room and covers much of the surface of the
islet. The purpose of the project is to restore the lighthouse, to
conduct tours, and to conduct annual and emergency maintenance on the
Station's optical light system.
The Society proposes to conduct aircraft operations, lighthouse
renovation, and periodic maintenance on the Station's optical light
system on a monthly basis. The Society's activity will occur on one
weekend per month, November through April. California sea lions
(Zalophus californianus), harbor seals (Phoca vitulina), Steller sea
lions (Eumetopias jubatus) of the eastern U.S. Stock, and northern fur
seals (Callorhinus ursinus) have been observed in the area.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning the Society's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by the Society, if appropriate.
Dated: June 2, 2020.
Donna Wieting
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-12400 Filed 6-8-20; 8:45 am]
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