[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53327-53331]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18970]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XA247]


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; proposed issuance of an 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 conducting seabird research activities in central 
California. Point Blue's activities are identical to activities 
previously analyzed and for which take was authorized by NMFS. 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 
September 28, 2020.

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/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application and supporting documents (including NMFS FR 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 may be 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 such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.

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 CE B4 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.

[[Page 53328]]

History 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. NMFS published a 
notice of a proposed IHA and request for comments in the Federal 
Register on May 7, 2018 (83 FR 20045). We subsequently published the 
final notice of our issuance of the IHA on July 5, 2018 (83 FR 31372), 
making the IHA valid for July 7, 2018 through July 6, 2019.
    On September 17, 2019, NMFS received an application from Point Blue 
requesting a letter of authorization (LOA) for take of marine mammals 
incidental to seabird research activities in central California over 
the course of five years. We determined the application was adequate 
and complete on November 26, 2019 and published a notice of receipt of 
application in the Federal Register on December 4, 2019 (84 FR 66379). 
On June 17, 2020, NMFS received a request from Point Blue for an IHA to 
take marine mammals incidental to seabird research and monitoring in 
central California. Point Blue's application was determined to be 
adequate and complete on August 6, 2020. This IHA would be effective 
for a period of one year from the date of issuance, with the LOA 
expected to be effective from January 1, 2021 to December 31, 2025.
    Point Blue's proposed activities are identical to those analyzed in 
the 2018 IHA, as are the proposed mitigation, monitoring, and reporting 
requirements described in detail in the Federal Register notice of 
issuance of the 2018 IHA (83 FR 31372; July 5, 2018). The proposed take 
numbers for Steller sea lions have increased slightly, while the 
proposed take numbers for California sea lions, harbor seals, and 
northern elephant seals are identical to those analyzed in the 2018 
IHA. Please see the Estimated Take section of this notice for more 
information.

Description of the Proposed Activity 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. Presence of researchers has the 
potential to disturb pinnipeds hauled out at SEFI, ANO, and PRNS. The 
seabird research and monitoring activities planned by Point Blue are 
identical to those analyzed in the 2018-2019 IHA.
    NMFS refers the reader to the documents related to the previously 
issued 2018-2019 IHA for more detailed description of the project 
activities. These previous documents include the Federal Register 
notice of the issuance of the 2018-2019 IHA for Point Blue's seabird 
research activities (83 FR 31372, July 5, 2018), the Federal Register 
notice of the proposed IHA (83 FR 20045; May 7, 2018), Point Blue's 
application, and all associated references and documents, which are 
available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. A detailed description of the seabird research and 
monitoring activities is found in these documents.

Detailed Description of the Action

    A detailed description of the proposed seabird research and 
monitoring activities is found in these previous documents. The 
location, timing, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
previous notices.

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 Federal Register 
notice of the proposed IHA for the 2018-2019 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 
``Description of Marine Mammals in the Area of Specified Activities'' 
section 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 activities 
on marine mammals and their habitat may be found in the documents 
supporting the previous IHA, which remains applicable to the issuance 
of the proposed 2020 IHA. There is no new information on potential 
effects that affects our initial analysis of potential impacts on 
marine mammals and their habitat.

Estimated Take

    Point Blue has been conducting seabird research activities at SEFI, 
ANI, and PRNS for over 30 years. Under previous IHAs, Point Blue has 
documented the numbers of marine mammals taken by Level B harassment at 
each of the research stations. Take estimates are based on take 
reported by Point Blue in the last five years (Table 1). 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 3). For all species except California sea lions, Point Blue's 
requested annual take was calculated as the maximum annual recorded 
take for each species over the last five years (2015-2019) or the 
authorized take from the most recent IHA, whichever was greater. For 
California sea lions, the proposed take is identical to the authorized 
take in the most recent authorization, which is less than the highest 
year. The recorded take of California sea lions has been decreasing 
over the past five years, which is why the take numbers from the 
highest year were not used. However, the proposed take authorization 
(32,623 takes by Level B harassment) is proposed in order to 
sufficiently account for any unexpected increases in occurrences of 
California sea lions such as that which occurred between 2014 and 2015, 
when the recorded takes went up from around 10,000 to 36,000.
    A detailed description of the methods and inputs used to estimate 
take for most recent IHA is found in the Federal Register notices of 
the proposed and final IHAs for the 2018-2019 authorization (83 FR 
20045, May 7, 2018; 83 FR 31372, July 5, 2018) but in summary, the take 
estimates are based on historical data from the previous five 
monitoring reports (2014, 2015, 2016,

[[Page 53329]]

2017, and 2018) to generate 95 percent confidence interval maximums 
(assuming normal distribution) using STATA, a general-purpose 
statistical computer package.

                                                 Table 1--Reported Take Observations From Previous IHAs
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                                                            Reported take observations for all activities                                      Total
                                           ------------------------------------------------------------------------------   Authorized       requested
                  Species                                                                                                   takes from     annual takes
                                                2014         2015         2016         2017         2018         2019       most recent     by Level B
                                                                                                                                IHA         harassment
--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lion.......................       10,048       36,417       23,173       22,752       17,487       10,408          32,623          32,623
Northern elephant seal....................          145          175          119          202           85           79             239             239
Pacific harbor seal.......................          284          292          175          234          229           82             304             304
Steller sea lion..........................           59           31           32           35            5           61              43              61
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    In this authorization, 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. The only change from the most recent authorization is the 
proposed take numbers for Steller sea lions, which increased based on 
consideration of reported take numbers from past authorizations.

 Table 2--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
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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              61            0.14
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Description of Proposed Mitigation, Monitoring and Reporting Measures

    The mitigation, monitoring, and reporting measures proposed here 
are identical to those included in the notice announcing the issuance 
of the 2018-2019 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 proposed for inclusion in this 
IHA:
    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;

[[Page 53330]]

    (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 3. Note 
that only observations of disturbance noted in Levels 2 and 3 should be 
recorded as takes.

           Table 3--Levels of Pinniped Behavioral Disturbance
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       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 must be incorporated into a monitoring report for 
NMFS. The monitoring report will cover the period from January 1, 2020 
through December 31, 2020. 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 2020 activities to NMFS Office of Protected Resources by 
April 1, 2021. 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, 2021 through the date of expiration of this 
authorization. This report will be due 90 days after the expiration of 
this authorization. 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.

Preliminary Determinations

    The seabird research and monitoring activities proposed by Point 
Blue, the method of taking, and the effects of the action are identical 
to those analyzed in the 2018-2019 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

[[Page 53331]]

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 California sea lions, harbor 
seals, and northern elephant seals proposed to be taken are identical 
to those authorized in the 2018-2019 IHA, while the numbers of Steller 
sea lions proposed to be taken have increased slightly. However, the 
increased numbers of Steller sea lions result in only minor increased 
percentage of stock proposed to be taken (e.g., from 0.10 to 0.14 
percent of the Eastern U.S. stock of Steller sea lions) and NMFS has 
preliminarily determined that the proposed take is still considered 
small relative to the relevant stock abundances. The mitigation 
measures and monitoring and reporting requirements as described above 
are identical to the initial IHA.
    NMFS has preliminarily 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 and the increased estimated take of Steller sea lions. Based 
on the information contained here and in the referenced documents, NMFS 
has preliminarily 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 proposed authorized takes 
will have a negligible impact on the affected marine mammal species or 
stocks; (3) the proposed authorized takes represent small numbers of 
marine mammals relative to the affected stock abundances; and (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.

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. 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.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to Point Blue for conducting seabird research and 
monitoring activities in central California for a period of one year 
from the date of issuance, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated. A 
draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the 2018-2019 IHA), the 
proposed authorization, and any other aspect of this notice of proposed 
IHA for the proposed seabird research and monitoring activities. Please 
include with your comments any supporting data or literature citations 
to help inform our final decision on the request for MMPA 
authorization.

    Dated: August 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2020-18970 Filed 8-27-20; 8:45 am]
BILLING CODE 3510-22-P