[Federal Register Volume 89, Number 100 (Wednesday, May 22, 2024)]
[Notices]
[Pages 44962-44963]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-11223]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD964]


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

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

ACTION: Notice of issuance of letter of authorization.

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SUMMARY: Pursuant to the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the St. George 
Reef Lighthouse Preservation Society (Society) for the take of marine 
mammals incidental to conducting aircraft operations, lighthouse 
renovation, light maintenance activities, and tour operations on the 
St. George Reef Lighthouse Station (Station) on Northwest Seal Rock 
(NWSR).

DATES: This authorization is effective from May 15, 2024 through May 
14, 2027.

ADDRESSES: The LOA and supporting documentation are available online 
at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock. In case of problems accessing these documents, please call the 
contact listed below (see FOR FURTHER INFORMATION CONTACT).

FOR FURTHER INFORMATION CONTACT: Kate Fleming, Office of Protected 
Resources, NMFS, (301) 427-8401.

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 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 the 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.
    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 April 15, 2022, we issued a final rule upon request from the 
Society for authorization to take marine mammals incidental to 
lighthouse maintenance and preservation activities at NWSR, offshore of 
Crescent City, CA (87 FR 22484). These activities include aircraft 
operations, lighthouse renovation, light maintenance activities, and 
tour operations. These regulations include mitigation, monitoring, and 
reporting requirements for the incidental take of marine mammals during 
the specified activities.
    NMFS previously issued an LOA under the regulations that was 
effective from May 15, 2022, through May 14, 2023 (87 FR 30918, May 20, 
2022). The Society has requested issuance of a subsequent LOA for 
remaining work described in the regulations, to be effective until 
expiration of the regulations on May 15, 2027.
    The 2022 LOA included a requirement for quarterly monitoring report 
submissions, and the notice of issuance for the 2022 LOA stated that 
NMFS would reevaluate that requirement prior to issuance of subsequent 
LOAs to the Society. Upon review of the Society's reporting, NMFS has 
determined that annual reporting is sufficient, as allowed under the 
regulations (50 CFR 217.55(b)(1)(i)).

Authorization

    NMFS has issued an LOA to the Society for the harassment of small

[[Page 44963]]

numbers of four marine mammal species incidental to conducting aircraft 
operations, lighthouse renovation, light maintenance activities, and 
tour operations at NWSR.

    Dated: May 17, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-11223 Filed 5-21-24; 8:45 am]
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