[Federal Register Volume 73, Number 170 (Tuesday, September 2, 2008)]
[Notices]
[Pages 51277-51290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-20276]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XH04
Incidental Takes of Marine Mammals During Specified Activities;
Rat Population Eradication at Rat Island, AK
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental take authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
regulations, NMFS has issued an Incidental Harassment Authorization
(IHA) to the U.S. Fish and Wildlife Service (USFWS) for the take of
marine mammals, by Level B harassment only, incidental to the
eradication of non-native rat populations at Rat Island, AK.
DATES: The IHA is effective from September 1, 2008 through December 31,
2008.
ADDRESSES: A copy of the IHA and the application are available by
writing to Michael Payne, Chief, Permits, Conservation, and Education
Division, Office of Protected Resources, National Marine Fisheries
Service, 1315 East-West Highway, Silver Spring, MD 20910-3225, or by
telephoning the contact listed here. A copy of the application
containing a list of references used in this document may be obtained
by writing to the address specified above, telephoning the contact
listed below (see FOR FURTHER INFORMATION CONTACT), or online at:
http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in
this notice may be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Ken Hollingshead,
NMFS, (301) 713-2289.
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 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.
Authorization 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 certain subsistence uses, 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.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
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].
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period on any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny issuance of the authorization.
Summary of Request
On February 29, 2008, NMFS received a letter from the USFWS,
requesting an IHA. The proposed 2008 IHA was published, and comments
solicited on June 18, 2008 (73 FR 34705). The final IHA would authorize
the take, by harassment only, of small numbers of Steller sea lions
(Eumetopias jubatus), and Pacific harbor seals (Phoca vitulina
richardsi), incidental to non-native rat
[[Page 51278]]
population eradication via bait application operations. Operations will
be conducted by a field crew of USFWS personnel on foot, by watercraft
(boat), and by aircraft (helicopter).
Additional information on the eradication operations is contained
in the application and Environmental Assessment (EA), which is
available upon request (see ADDRESSES).
In their application, the USFWS explains that restoration of
natural ecosystem function on Rat Island promises to re-establish
native seabirds and other native species, thus returning this
wilderness island to a healthy natural community. This restoration
cannot occur until the island is cleared of the invasive non-native
Norway rats that now dominate the living community. Introduced non-
native species are a leading cause of extinctions in island communities
worldwide. Increasingly, land managers are removing introduced species
to aid in the restoration of native ecosystems. Rats are responsible
for 40-60 percent of all recorded bird and reptile extinctions
worldwide. Given their widespread successful colonization on islands
and the resulting impact to native species, introduced rats are
identified as key species for eradication.
Most of the Aleutian Islands lying within the Alaska Maritime
National Wildlife Refuge (AMNWR) provide important breeding habitat for
seabirds, including many for which the Aleutians provide a substantial
portion of their worldwide range. Norway rats are established on at
least 10 Aleutian islands or island groups, and the diversity and
numbers of breeding seabirds occurring on those islands are now
conspicuously low. Rat-caused modifications to other components of the
island ecosystems (e.g., other birds, plants, and invertebrates) are
also evident.
The restoration of Aleutian ecosystems through introduced predator
eradications has long been identified as a priority for AMNWR, and the
initial efforts have been directed to removing introduced Arctic foxes.
The focus now has turned to rats. The intent of the proposed operations
is to facilitate the restoration of the natural island ecosystem by
improving habitat quality for native species.
Dates, Duration, and Region of Activities
Rat Island is located in the western Aleutian Islands approximately
51[deg] 80' North, 178[deg] 30' West, approximately 1,931 km (1,200 mi)
west of Anchorage, Alaska. The Ayugadak Point rookery is located on an
islet approximately one mile southeast of Rat Island at 51[deg] 45.5'
North, 178[deg] 24.5' East.
The location and time duration of the project activities are shown
in the table below. Also shown are the estimated numbers of marine
mammals affected by each activity. The timeline for the Rat Island rat
eradication operations is shown in Table 1. Actual dates of activity
occurrence are subject to weather conditions suitable for safe and
effective flying of helicopters. While 5 days (approximately 35
helicopter flight hours) will be required to complete the two aerial
bait applications on the island, the operation is likely to be
interrupted by weather unsuitable for flying. Therefore, a maximum of
45 days will be allotted to achieve the 5 day operations window. The
dates for bait application and demobilization will be weather
dependent.
Table 1. Timeline for the rat population eradication at Rat Island, AMNWR.
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Location Rat Island Islet near Ayugadak Pt.
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Project activity staging bait application demobilization bait application
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Time duration 2 days 5 days 2 days 15 minutes
Type of disturbance helicopter helicopter helicopter helicopter
of takes (Steller sea lions/ harbor seals) 0/25 130/200 0/25 320/0
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Description of the Specified Activity (Rat Eradication)
Rats were first introduced to Alaska over 200 years ago at Rat
Island in the western Aleutian Island archipelago. Prior to this
introduction, the island likely supported significant populations of
breeding seabirds and other ground nesting birds which evolved in the
absence of mammalian predators. Since their introduction, rats and
foxes have extirpated breeding seabirds and had detrimental impacts on
vegetation and intertidal life on the island. AMNWR personnel
eradicated foxes on Rat Island in 1984. Working with others, the USFWS
proposes to eradicate rats from the island using removal techniques
based on successful island rat eradications elsewhere in the U.S. and
globally.
The purpose of eradicating rats from Rat Island is to conserve,
protect and enhance habitat for native wildlife species, especially
nesting habitat for seabirds, and to restore the biotic integrity of
the island. The overarching goal in a successful eradication is to
ensure the delivery of a lethal dose of toxicant to every rodent on the
island. The primary method for eradicating rats from Rat Island is
delivery of compressed-grain bait pellets containing rodenticide to
every rat territory on the island through aerial broadcast. The bait
pellets will contain 25 ppm brodifacoum and will be applied according
to Environmental Protection Agency (EPA) approved label directions.
The need for caution near the marine and freshwater environments
requires a buffer when broadcasting the rodenticide. As a result, some
areas may not receive the optimal bait coverage with helicopter
broadcast. In cases where it is evident or suspected that any land area
on Rat Island or offshore islets did not receive full coverage, there
will be supplemental systematic hand broadcast either by foot, boat,
helicopter, or any combination of the above. All bait application
activities will be conducted by, or under the supervision of, a
Pesticide Applicator certified by the State of Alaska.
Staging and Preparation for Rat Eradication Operations
Field crews will visit Rat Island in the end of summer or beginning
of autumn prior to the rat eradication to install temporary
infrastructure and storage sites. These will include: (1) a camp site
capable of supporting 20 people for up to seven weeks; (2) three bait
staging areas, where bait will be contained in up to 200 storage units
at each staging area; and (3) a fuel storage site that will comply with
all appropriate safety standards and regulations.
Additional material may be brought to the island at that time and
staged for the fall application of bait. Helicopters will deliver most
of the necessary materials to each site on the island from a vessel
anchored nearby. Staging procedures in summer will be conducted using a
helicopter capable of lifting a 700 kg (1,543 lbs) payload. Helicopter
[[Page 51279]]
operations during project staging will be localized to discrete flight
paths and landing sites servicing the camp, three bait staging
locations, and a fuel storage site.
It is possible that some of the material needed for eradication
will not be available in the summer. In this case, that material will
be staged on the island during the week prior to the fall application
of bait.
Staging and Preparation at Rat Island
The summer staging and preparation activities for Rat Island are
expected to take 5 days during September. Dates for activities at Rat
Island are subject to change due to scheduling and logistics concerns.
Helicopter support during this period is estimated to take two days.
Wooden storage boxes and platform construction materials will be staged
at three areas, as indicated in Figure 1 in USFWS' IHA application.
Fuel and all other camp materials will be delivered to the Gunner's
Cove field camp location. The R/V Tiglax will be providing vessel
support for the activities.
A field camp will be installed at a site 600 m (1,968 ft) inland to
Gunner's Cove. A loading zone for the staging of bait and fuel storage
will be placed inland 500 m (1,640 ft) from the coast. The field camp
will be 800 m (2,624 ft) from the loading zone and 600 m from the beach
site. The anchorage in Gunner's Cove is 800m from the loading zone and
700 m (2,296 ft) from the beach site. The helicopter will transport
cargo from ship to shore at each of the three major project zones
(field camp, loading zone, and Gunner's Cove beach site).
All materials not available during the summer staging and
preparation periods will be transported to Rat Island during the week
of September 22-27, 2008. Helicopter support during this period is
estimated to take two days.
Demobilization
Once eradication has been completed operational demobilization and
clean-up will commence. A charter vessel will be employed to transport
all crew and equipment off the island. Demobilization and clean-up will
include deconstructing and removing: (1) field camp; (2) garbage and
human waste; (3) staging areas; and (4) fuel. All tents, weatherports,
and other field camp equipment will be disassembled, packed, and
returned to the vessel by helicopter. All equipment will be removed
from bait staging areas and transported off the island. The wooden
storage boxes will be disassembled, bound, and transported by
helicopter back to the vessel. Excess fuel will also be transported
back to the vessel by helicopter. There will be no demobilization at
the islet near Ayugadak Point.
Additional details regarding the rat eradication operations can be
found in the Environmental Assessment (EA): ``Restoring Wildlife
Habitat on Rat Island'', USFWS 2007 (EA). The EA can also be found
online at: http://alaskamaritime.fws.gov/news.htm
Demobilization at Rat Island
Demobilization and clean-up activities will commence once the
eradication operations are complete. The demobilization is estimated to
take five days and is scheduled for the week of November 1-7. If
favorable weather conditions allow the eradication operation to be
completed prior to October 31st, demobilization could begin during the
month of October.
Bait Application During Specified Activities
Bait application operations will be conducted using two single-
primary-rotor/single tail-rotor helicopters. Bait will be applied from
specialized bait hoppers slung 15-20 m (49-66 ft) beneath the
helicopter. Helicopter operations for the bait application will
necessitate low-altitude overflights of the entire land area of Rat
Island and adjacent vegetated islets. The helicopter will fly at a
speed ranging from 25-50 knots (46-93 km/hr or 29-58 mph) at an average
altitude of approximately 50 m (164 ft) above the ground.
To make bait available to all possible rat home ranges on the
island, bait will need to be applied evenly across emergent land area,
with every reasonable effort made to prevent bait spread into the
marine environment. The baiting regime will follow common practice in
which parallel, overlapping flight swaths are flown across the interior
island area and overlapping swaths with a deflector attached to the
hopper (to prevent bait spread into the marine environment) flown
around the coastal perimeter. Flight swaths will be defined by the
uniform distance of bait broadcast from the hopper, ranging from 50-75
m (164-246 ft). Flight swaths will be flown in a parallel pattern, with
subsequent flight swaths overlapping the previous by approximately 25-
50% to ensure no gaps in bait coverage.
Bait Application at Rat Island
Bait application will commence once staging and preparation have
been accomplished as planned. The application will occur during a 45-
day time period from September 28-November 11, 2008. The bait
application is estimated to take approximately 35 hours total flight
time; however, the implementation will likely be interrupted by typical
fall weather patterns in the central Aleutians, which are notoriously
unsettled. Therefore, a maximum of 45 days will be allotted to achieve
the 35 hour operation window.
Bait Application of the Rookery on the Islet off Ayugadak Point
The islet located 1.6 km (1 mi) off Ayugadak Point is a Steller sea
lion rookery, designated as Critical Habitat under the Endangered
Species Act (ESA). The islet is also potential rat habitat and the
thick kelp beds between the main island and this islet make rat
migration to and from the islet possible. Bait, via the installation of
bait stations, was planned to be delivered to the islet off Ayugadak
Point with an adaptive alternative-baiting strategy designed to
minimize helicopter disturbance. Due to timing constraints, USFWS was
not able to install the bait stations as originally planned in the
proposed IHA application. During fall operations, project field crews
will treat the islet as necessary by aerial broadcast in October. This
would take place during the October1-November 11 time frame and require
approximately 15 minutes of helicopter flight time. No other equipment
will be used that requires demobilization at the islet.
Description of Marine Mammals in Activity Area
The marine mammals that occur in the project area belong to four
taxonomic groups: odontocetes (toothed cetaceans, such as dolphins and
sperm whale), mysticetes (baleen whales), pinnipeds (seals, sea lions,
and walrus), and fissipeds (sea otter). Of the 18 cetacean species in
the area, several are common.
Six cetacean species are listed as endangered under the ESA,
including the humpback, sei, fin, blue, North Pacific right, and sperm
whales. Other cetacean species that potentially could occur in the
western Aleutian islands includes Cuvier's, Baird's, and Stejneger's
beaked whales, beluga, killer, and short-finned pilot whales, Pacific
white-sided and Risso's dolphin, and harbor and Dall's porpoises.
Because the proposed activity will occur predominantly over land,
however, and because of the low probability of cetaceans occurring in
the immediate vicinity of the island shore and the fact that USFWS will
follow established procedures to ensure that bait is not released into
the marine environment, NMFS believes it is unlikely that any
[[Page 51280]]
cetaceans will be harassed by the proposed activity. Therefore,
cetaceans will not be addressed further.
Four species of pinnipeds potentially could occur in the western
Aleutian Islands, including Steller sea lions, Pacific harbor seals,
northern fur seals, and ribbon seals. Numbers of Steller sea lions,
harbor seals, and northern fur seals have been decreasing in the North
Pacific over the last several decades (Springer et al., 2003). Although
causes of the declines are poorly understood, it is evident that
incidental mortality attributable to commercial fisheries and
intentional harvesting during the 1960s and 1970s have played a role in
the initial declines, and that predation by killer whales is a
contributing factor (Springer et al., 2003).
The Pacific walrus, California sea lion, and ringed, spotted,
bearded, and northern elephant seals likely will not be encountered in
the study area, but they are known to occur in the eastern Aleutians.
The northern sea otter (Enhydra lutris) and walrus are managed by the
USFWS. Walrus are unlikely to be encountered in the study area and any
potential take of sea otters will either by authorized by the USFWS or
avoided. Few surveys have examined the distribution and abundance of
marine mammals inhabiting the waters around the Aleutian Islands,
although a few reports are available (e.g., Forney and Brownell, 1996;
Moore, 2001; Wade et al., 2003).
Table 2. The habitat, and conservation status of marine mammals
inhabiting the proposed study area in the Aleutian Islands.
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Species Habitat ESA\1\
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Mysticetes
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North Pacific right whale Coastal and shelf EN
(Eubalaena japonica)
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Gray whale (Eschrichtius Coastal, lagoons NL
robustus)
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Humpback whale (Megaptera Mainly nearshore waters EN
novaeangliae) and banks
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Minke whale (Balaenoptera Shelf, coastal NL
acutorostrata)
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Blue whale (Balaenoptera Pelagic and coastal EN
musculus)
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Sei whale (Balaenoptera borealis) Primarily offshore, EN
pelagic
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Fin whale (Balaenoptera physalus) Slop, mostly pelagic EN
------------------------------------------------------------------------
Odontocetes
----------------------------------
Sperm whale (Physeter Pelagic, deep seas EN
macrocephalus)
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Cuvier's beaked whale (Ziphius Pelagic NL
cavirostris)
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Baird's beaked whale (Berardius Pelagic NL
bairdii)
------------------------------------------------------------------------
Stejneger's beaked whale Likely pelagic NL
(Mesoplodon stejnegeri)
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Beluga whale (Delphinapterus Coastal, ice edges NL
leucas)
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Pacific white-sided dolphin Offshore, inshore NL
(Lagenorhynchus obliquidens)
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Risso's dolphin (Grampus griseus) Offshore, inshore, NL
>400m
------------------------------------------------------------------------
Killer whale (Orcinus orca) Widely distributed NL
------------------------------------------------------------------------
Short-finned pilot whale Inshore and offshore NL
(Globicephala macrorhynchus)
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Harbor porpoise (Phocoena Coastal, inland waters NL
phocoena)
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Dall's porpoise (Phocoenoides Slope, offshore waters NL
dalli)
------------------------------------------------------------------------
Pinnipeds
----------------------------------
Northern fur seal (Callorhinus Pelagic, breeds NL
ursinus) coastally
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California sea lion (Zalophus Widely distributed NL
californianus)
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Steller sea lion (Eumetopias Mostly pelagic, high- NL
jubatus) relief
------------------------------------------------------------------------
Pacific Walrus (Odobenus rosmarus Ice NL
divergens)
------------------------------------------------------------------------
Bearded seal (Erignathus Ice NL
barbatus)
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Pacific harbor seal (Phoca Coastal NL
vitulina richardsi)
------------------------------------------------------------------------
Spotted seal (Phoca largha) Ice NL
------------------------------------------------------------------------
[[Page 51281]]
Ringed seal (Pusa hispida) Ice NL
------------------------------------------------------------------------
Ribbon seal (Histriophoca Ice NL
fasciata)
------------------------------------------------------------------------
Northern elephant seal (Mirounga Coastal, pelagic when NL
angustirorostris) migrating
------------------------------------------------------------------------
------------------------------------------------------------------------
\1\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL =
Not listed
Not all these species (listed in Table 3 above) are expected to be
harassed from the described operations. Because most of the activities
occurring on or over land and most species are considered rare in the
project area, only Steller sea lions and Pacific harbor seals are
expected to be disturbed by the project.
Steller Sea Lion
Steller sea lions range along the North Pacific Rim from northern
Japan to California. They are most abundant in the Gulf of Alaska and
Aleutian Islands (NMFS, 2006). Two separate stocks of Steller sea lions
are recognized in U.S. waters; an eastern U.S. stock that includes
animals east of Cape Suckling, Alaska (144 West), and a western U.S.
stock which includes animals west of Cape Suckling. The western
Distinct Population Segment (DPS) of Steller sea lions has experienced
a major decline of 75% over the past 20 years (Calkins et al., 1999;
USFWS, 1997; NMFS, 2007). Consequently the western DPS of Steller sea
lions were listed as Endangered under the ESA in 1997. The reasons for
this decline are not entirely known and are currently under
investigation.
Aerial survey data from 2004-2005 were used to calculate a minimum
population estimate of 39,988 animals for the western U.S. waters
stock. The Bering Sea/Aleutian Islands area population estimate for the
same period is 20,578 (NMFS, 2006).
Steller sea lions are considered non-migratory with dispersal
generally limited to juveniles and adult males. In the Aleutian
Islands, Steller sea lions generally breed and give birth from late May
to early July (Pitcher and Calkins, 1981), and pups remain at rookeries
until about early to mid-September (Calkins et al., 1999). Non-
reproductive animals congregate at haul out sites.
At Rat Island, a persistent haul-out site is known at the west end
of the island near Krysi Point and a rookery is known from the islet
off Ayugadak Point. Both sites were active in 2007 (Buckelew et al.,
2007). Rat Island and the islet off Ayugadak Point, which have a haul-
out and rookery, are designated critical habitat for Steller sea lions
and ``no entry'' zones have been established. Critical habitat includes
a terrestrial zone and air zone, that extends 3,000 ft (914 m)
landward, and above each major rookery and haul-out in Alaska. For the
major rookery and haul-out west of 144 W (Ayugadak Point), critical
habitat includes an aquatic zone that extends 20 nm (37 km) in State
and Federally managed waters from the from the baseline or basepoint of
the rookery and/or haul-out.
USFWS has consulted with NMFS and NMFS determined that AMNWR did
not need a permit to conduct routine refuge operations within the
boundaries of the sea lion rookery closure zones and personnel
conducting eradication operations in Steller sea lion habitat avoid
direct confrontation. The determination relates to 50 CFR 223.202
(b)(2) which states ``Paragraph (a) of this section does not prohibit
or restrict a Federal, state or local government official, or his or
her designee, who is acting in the course of official duties from: (ii)
Entering the buffer areas to perform activities that are necessary for
national defense, or performance of other legitimate governmental
activities.'' The USFWS and NMFS consider rat eradication a routine
refuge operation to which 50 CFR 223.202 is applicable.
Pacific Harbor Seal
In the Pacific Ocean, harbor seals occur in coastal waters and
estuaries from Baja California north along the west coast of the U.S.
and Canada to Alaska including the Aleutian Islands, southern Bristol
Bay and the Pribilof Islands. Harbor seals living in the Aleutian
Islands are part of the Gulf of Alaska stock. The Gulf of Alaska stock
has experienced significant declines ranging from 50-85% over the past
30 years (NMFS, 2006). Limited information suggests some modest
recovery from initial declines and the stock has not been listed under
the ESA. The current statewide population estimate for Alaska harbor
seals is 180,017 (NMFS, 2006).
Harbor seals are generally non-migratory with some local movements
related to season, weather, and food availability (NMFS, 2006). In
Alaska, harbor seals typically give birth to a single pup between May
and mid-July. Pups are generally weaned within one month and separate
from their mother. Harbor seals in the Gulf of Alaska undergo an annual
molt which peaks between the first week in August and the first week in
September (Daniel et al., 2003). Harbor seals are found in scattered
locations along the shores of Rat Island and some offshore islets.
Table 3. Recent survey results for pinnipeds in the Rat Island area.
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Species Number Year Source Comments
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal 93 1999 Small et al. in press Aerial survey.
``Fairly common'' 2007 Buckelew et al. 2007 Often seen in water, not seen hauled out
Steller sea lion 45 2004 NMFS database Aerial survey for Rat Is. (adults and juveniles)
254 2005 NMFS database Aerial survey for Ayugadak Point Rookery (includes 83 pups)
present 2007 Buckelew, 2007 Seen from boat offshore at Rat Is. And Ayugadak Pt.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 51282]]
Further information on the biology and distribution of these
species and others in the region can be found in USFWS' application and
EA, which is available upon request (see ADDRESSES), and the Marine
Mammal Stock Assessment Reports, which are available online at http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/individual_sars.html.
Potential Effects of the Proposed Activity on the Marine Mammals
Effects of Rodenticide
Pinnipeds are not expected to be impacted by the use of the
rodenticide (brodifacoum) during the rat eradication operations.
Brodifacoum is a vertebrate toxicant that is commonly used widely
available in the United States. Most vertebrates are less susceptible
to brodifacoum than are rats, and would have to consume a higher dose,
relative to body mass, before reaching a toxicity threshold. The
rodenticide bait pellets, which are primarily composed of grain, are
not part of the natural diet of carnivorous (almost exclusively
piscivorous) pinnipeds and therefore are not expected to be consumed.
Also, pinnipeds are not expected to prey or scavenge on other animals
that have consumed and succumb to the effects of the rodenticide as
they do not feed while hauled out on land. The only possible routes for
bait ingestion are accidental. The rodenticide bait will not be
broadcast into the marine environment, and if it were to enter the
water it will disperse and disintegrate within hours. The effects of
sublethal exposure to the rodenticide is negligible and warrants little
concern given the very slight risk during the length of the operations.
Behavioral Disturbance
It is well known that human activity can flush pinnipeds off haul-
out sites (Allen et al., 1984; Calambokidis et al., 1991; Suryan and
Harvey, 1999; Mortenson et al., 2000). Researchers have observed that
human disturbances in the form of boat and aircraft traffic and people
on the beach can flush pinnipeds into the water from haul-out sites and
impact pinnipeds haul-out numbers (Renouf et al., 1981; Schneider and
Payne, 1983; Terhune and Almon, 1983).
Helicopter disturbances are mainly in the forms of airborne and
underwater noise generated by the engine of the aircraft and the
physical presence of the aircraft (Richardson et al., 1995; Born et
al., 1999). Noise generated from helicopter activities may cause
harassment of pinnipeds, both hauled out and in the water, at or
directly below the surface. Airborne sound from a low-flying helicopter
may be heard by marine mammals while at the surface or underwater. In
general, helicopters tend to be noisier than fixed-wing aircraft of
similar size, and larger aircraft tend to be louder than those that are
smaller. Underwater sounds from aircraft are strongest just below the
surface and directly under the aircraft. Noise from aircraft would not
be expected to cause direct physical effects, but have the potential to
affect behavior. The primary factor that may influence abrupt movements
of animals is engine noise, specifically changes in engine noise.
Studies on many wildlife species responses to aircraft approaches
showed that flight altitude, noise output, speed, and approach pattern
are the most important factors in determining an animal's reaction to
an overflight (McKechnie and Gladwin, 1995).
Steller Sea Lions
The response of pinnipeds, like Steller sea lions, to aircraft
overflights varies from no discernable reaction to completely vacating
haul outs after a single overflight (Calkins, 1979; Efroymson and
Suter, 2001). Approaching aircraft generally flush animals into the
water. In one case, Withrow et al. (1985 in Richardson et al., 1995)
reported Steller sea lions left a beach in response to a Bell 205
helicopter >1.6 km away, but the noise from a helicopter is typically
directed down in a ``cone'' underneath (Richardson et al., 1995) so
disturbance at such great distance is probably uncommon.
At Rat Island, known persistent haul out sites will be avoided
during staging operations as will any other haul out sites discovered
prior to helicopter operations. In spite of these precautions, sea
lions encountered unexpectedly during helicopter operations could be
flushed from land temporarily. An individual sea lion's exposure to
peak noise from the helicopter will be limited to animals that remain
ashore, and is likely to be of short duration, as the elevation and
speed of the helicopter will limit the time that any single location is
exposed to maximum noise.
It will be more difficult to avoid known haul sites on Rat Island
with the helicopter during bait application because of the need for
thorough coverage of the island and islet. No pups are expected on Rat
Island. The impacts of disturbance to sea lions during molting (a
sensitive period to disturbance, Richardson et al., 1995) will be
minimized by timing overflights after the peak molting period is over.
The installation of bait stations on the islet off Ayugadak Point
in August will not occur as planned in the proposed IHA (73 FR 34705).
The island will be baited with the helicopter as described in the EA,
in the fall after the pupping and primary molting season. This is
likely to result in flushing sea lions from the islet resulting in
short-term displacement. However, as helicopter baiting will be a very
short process (approximately 15 minutes), disturbance to Steller sea
lions is likely to be very short-term, allowing the animals to return
to land quickly.
Risks to Steller sea lions from personnel camps on Rat Island will
be minimal as camps and storage sites will be located well inland away
from possible Steller sea lion haul-out areas.
Overall, the effects of the operations described in the EA on
Steller sea lions will vary depending on the number of disturbance
events. For the purpose of estimating the potential numbers of
pinnipeds taken by these proposed activities, NMFS assumes that
pinnipeds that move (meaning move their whole body from one location to
another, not just move their head from left to right, for example) or
change the direction of their movement in response to the presence of
the field crew personnel are taken by Level B Harassment. However, the
short-term displacement from haul-outs that is likely to occur as a
result of helicopter noise and personnel is not anticipated to have any
effect on overall energy balance or fitness of any individual animals.
It is not likely that any Steller sea lions will suffer injury or
the potential for injury as a result of the proposed activities. The
potential disturbance associated with the project would result in
Steller sea lions entering the water, which they do as part of their
normal pattern of behavior. Flushing of groups of animals at pinniped
haul-outs is also possible. Stampeding is not anticipated to occur with
the implementation of monitoring and mitigation measures by USFWS
personnel. NMFS has determined that the implementation of rat
eradication activities as described in the application and the
Environmental Assessment (EA) will have a negligible impact on Steller
sea lions on an individual or population level.
Pacific Harbor Seals
The response of pinnipeds to proposed aircraft overflights varies
from no discernable reaction to completely vacating haul outs after a
single overflight (Calkins, 1979; Efroymson
[[Page 51283]]
and Suter, 2001). Approaching aircraft generally flush animals into the
water.
During staging operations, project managers will plan helicopter
flight lines and boat travel to minimize the potential for disturbance
to harbor seal haul-outs known from existing databases and surveys
conducted prior to operations. However, in spite of these precautions,
seals encountered unexpectedly during helicopter operations could be
flushed from land temporarily. An individual seal's exposure to peak
noise from the helicopter will be limited to animals that remain
ashore, and is likely to be of short duration, as the elevation and
speed of the helicopter (see Description of Activities, above) will
limit the time that any single location is exposed to maximum noise.
It will be more difficult to avoid known haul-out sites of Rat
Island with the helicopter during proposed bait application because of
the need for thorough coverage of the entire island. No young pups are
expected on Rat Island during the fall. The impacts of disturbance to
seals during molting (another sensitive period) will be minimized by
timing overflights after the peak molting period is over.
The sporadic personnel presence and temporary infrastructure
installations that may be necessary near seal haul-outs during both
staging and bait application operations may result in localized
disturbances, although this is much less likely to disturb animals than
helicopter overflights. The camps and staging areas themselves will be
well inland and will have negligible impacts on seals hauled out on the
coastline.
Overall, the short-term displacement from haul-out sites that is
likely to occur as a result of helicopter noise and personnel
activities is anticipated to have a negligible impact on the overall
energy balance or fitness of any individual animals.
It is not likely that any harbor seals will suffer injury or the
potential for injury as a result of project activities. NMFS has
determined that the implementation of rat eradication activities as
described in the application and the EA will have a negligible impact
on Pacific harbor seals on an individual or population level.
Pinnipeds in the Rat Island Project Area
Variable numbers of sea lions and harbor seals typically haul out
near bait application sites used for eradication operations, with
breeding activity occurring at one known site. Pinnipeds likely to be
affected by rat eradication activity are those that are hauled-out on
land at or near bait application sites.
Incidental harassment may result if hauled animals move away from
the field crew personnel, watercraft, and aircraft. For the purpose of
estimating the potential numbers of pinnipeds taken by these proposed
activities, NMFS assumes that pinnipeds that move (meaning move their
whole body from one location to another, not just move their head from
left to right, for example) or change the direction of their movement
in response to the presence of field crew personnel activities are
taken by Level B Harassment. Although marine mammals will not be
deliberately approached by field crew personnel during proposed
operations, approach may be unavoidable if pinnipeds are hauled out
directly upon the bait application sites. If disturbed, hauled-out
animals may move toward the water without risk of encountering
significant hazards. In these circumstances, the risk of injury or
death to hauled animals is very low.
The risk of marine mammal injury or mortality associated with rat
eradication operations increases somewhat if disturbances occur during
breeding season, as it is possible that mothers and dependent pups
could become separated. If separated pairs don't reunite fairly
quickly, risks of mortality to pups (through starvation) may increase.
Also, adult Steller sea lions may trample sea lion pups if disturbed,
which could potentially result in the injury or death of pups. However,
to mitigate this risk, NMFS and USFWS shall include time of year
restrictions to limit the presence of field crew personnel activities
to months that Steller sea lion and harbor seal dependent pups are not
present at the bait application sites.
The risk of marine mammal injury mortality associated with rat
eradication operations increases somewhat if disturbances occur in
steep areas with precipitous cliffs where pinnipeds haul-out. However,
there are no steep or precipitous areas that animals would be flushed
from during the operations. The beach at Krysi Point on Rat Island
consists of mixed small boulders and cobble. The terrain behind the
beach gradually sloped upward 38 m (125 ft). There are offshore rocks
which the animals also use at that persistent haul-out location. The
islet near Ayugadak Point has boulder beaches that are backed by steep
grass covered slopes. The animals at the rookery only use the beach
areas and do not access the steep areas. Field crew personnel are to
use great care approaching sites with pinnipeds and will leave as soon
as possible to minimize effects. Because of the circumstances and the
proposed IHA requirements discussed above, NMFS believes it highly
unlikely that the activities would result in the injury or mortality of
pinnipeds.
For the purposes of estimating take in the IHA, NMFS assumes that
pinnipeds that move (meaning move their whole body from one location to
another, not just move their head from left to right, for example) or
change the direction of their movement in response to the presence of
field crew personnel activities are taken by Level B Harassment. As
discussed further in the Monitoring and Reporting section below, the
responses of the pinnipeds will be recorded by USFWS personnel during
the specified activities.
Comments and Responses
On June 18, 2008 (73 FR 34705), NMFS published in the Federal
Register a notice of a proposed IHA for USFWS' request to take marine
mammals incidental to conducting non-native rat eradication operations
at Rat Island, and requested comments regarding this proposed IHA
(FRNOR). During the 30-day public comment period, NMFS received
comments from the Marine Mammal Commission (Commission) and Judith Lee
from Environmental Planning Strategies, Inc. (EPS).
Commission Comment: The Commission states that because the
applicant is requesting authority to take marine mammals by harassment
only, NMFS should require that operations be suspended immediately if a
dead or seriously injured marine mammal is found in the vicinity of the
operations and the death or injury could have occurred incidental to
the non-native rat eradication program. The Commission further
recommends that any such suspension should remain in place until NMFS
has: (1) reviewed the situation and determined that further mortalities
or serious injuries are unlikely to occur; or (2) issued regulations
authorizing such takes under section 101(a)(5)(A) of the MMPA.
Response: NMFS concurs with the Commission's recommendations and
has included a requirement to this effect in the IHA.
Commission Comment: The Commission additionally recommends that
prior to issuing the IHA, NMFS require the applicant to expand its
monitoring plan to detect the effects of disturbance and short- and
long- term exposure to the rodenticide, and all mitigation, monitoring,
and reporting measures identified in the proposed notice are included
in the IHA and the approach be supplemented by the measures described
to avoid disturbance and detect problems that may arise after
[[Page 51284]]
the rodenticide has been dispersed over the island.
Response: NMFS disagrees with the Commission's assessment that
rodenticide poses any short- and long-term exposure pathway for
harassment, injury, and/or mortality. Pinnipeds are not expected to be
impacted by the use of rodenticide (brodifacoum) during the rat
eradication operations. Most vertebrates are less susceptible to
brodifacoum than are the rats, and would have to consume a higher dose,
relative to body mass, before reaching a toxicity threshold. Therefore,
pinnipeds would have to directly consume ten's, if not hundreds of bait
pellets, to be affected by the rodenticide. The rodenticide bait
pellets, which are primarily composed of grain, are not part of the
natural diet of carnivorous (almost exclusively piscivorous) pinnipeds
and therefore are not expected to be consumed. Also, pinnipeds are not
expected to prey or scavenge on other animals that have consumed and
succumb to the effects of the rodenticide as they do not feed while
hauled out on land. The only possible routes for bait ingestion are
accidental. The rodenticide bait will not be broadcast into the marine
environment, and if it were to enter the water it will disperse and
disintegrate within hours. For secondary exposure through marine fish,
which are part of the diet of pinnipeds inhabiting Rat Island, the risk
is similarly remote and rodenticide impacts are considered negligible.
The number of bait pellets that will enter the marine environment as a
result of application activities will be low as a result of the
mitigation measures described in the EA and application for avoiding
bait application in the ocean.
The probability that fish will consume bait pellets is considered
to be very low, and bait pellets will disintegrate rapidly upon contact
with the water. In tests conducted by researchers in the Aleutians, as
well as in California, Hawaii, and the equatorial Pacific, marine fish
species demonstrated almost no interest in placebo bait pellets that
entered the water nearby (Buckelew et al., 2007a; Howald et al., 2005;
USFWS, 2005). Some marine invertebrates are also included in the diet
of pinnipeds inhabiting Rat Island.
Most invertebrate species are not known to be susceptible to toxic
effects from the use of brodifacoum in the field (Hoare and Hare,
2006). However, both marine and terrestrial invertebrates (i.e., filter
feeders and crabs) are known to consume bait pellets. During a
catastrophic accidental spill of 20 tons of brodifacoum into nearshore
waters in New Zealand (Primus et al., 2005), a peak concentration of
the toxicant measured in mussels occurring at the spill site was 0.41
ppm one day after the spill; this equates to 1/60\th\ of the
brodifacoum found in one pellet. Within 30 days, the concentration had
dropped to just above 0.002 ppm or 200 times less than peak. The
effects of sublethal exposure to the rodenticide is negligible and
warrants little concern given the very slight risk during the length of
the operations.
Also, sea lions at Rat Island are not anticipated to haul-out in
areas that include potentially dangerous steep areas or precipitous
cliffs. The persistent haul out at Krysi Point is a beach composed of
mixed small boulders and cobbles. Offshore rocks are used by animals.
The terrain behind the beach gradually slopes upward to 38 m (125 ft).
The islet near Ayugadak Point has boulder beaches backed by steep grass
covered slopes. The animals only use the beach areas and do not access
the steep areas. NMFS and USFWS has determined that there are no steep
or precipitous areas that animals would be flushed from during the rat
eradication operations. Also, monitoring and cautionary mitigation
measures will be implemented to avoid any potential harassment and
report and document disturbances during the authorized field crew
activities.
EPS Comment: EPS recommends that NMFS deny issuing the IHA for the
rat eradication project in order to protect the endangered Steller sea
lions on Rat Island and their designated critical habitat. The
incidental take of Steller sea lions with and without an aerial
application of rodenticide is unnecessary, with the potential for Level
A harassment never discussed. Because of the excessive level, timing,
and kind of incidental take, including the potential for Level A and
Level B harassment, an EIS should be prepared by AMNWR for the project,
with full and appropriate public and agency involvement and comment.
Response: The purpose and use of rodenticide during rat eradication
operations and its potential to not result in Level A harassment is
discussed in the proposed IHA's FRNOR (73 FR 34705), USFWS' EA, and
this document. The discussion of whether or not the aerial application
of the rodenticide is necessary is outside the scope of this IHA. By
implementing the monitoring and mitigation measures described in the
IHA, Level A takes of marine mammals are highly unlikely and short-term
Level B harassment would occur at most. The number of animals taken by
Level B harassment would be considered small, and the takes will have a
negligible impact on the species and/or stock of marine mammals. If
needed (i.e., if the activity did result in injury, which is not
authorized), the IHA can be modified, suspended, or withdrawn from the
applicant. An EA prepared by USFWS for the Rat Island project was
completed and released for full public review. Public comments were
considered and a finding of no significant impact (FONSI) was issued by
USFWS in March 2008. NMFS adopted the USFWS' EA and issued a FONSI. The
NEPA requirements for the issuance of an IHA to USFWS for the Rat
Island project have been fulfilled by NMFS.
EPS Comment: The potential for all rodents to be exposed to
rodenticide with the proposed project, including buffers on Rat Island
and the rookery islet and the bait station application, is extremely
low. The potential for reinvasion from the islet especially is
extremely high. Therefore, the resultant high impacts/takes, including
pups and subadults at both Level A and Level B, with little to no
short-term or long-term positive results on Rat Island is unacceptable.
Response: Comments regarding whether or not the rat eradication
program is likely to be effective are outside the scope of
determinations that NMFS must make regarding the issuance of an IHA.
However, the Rat Island project has been planned for several years with
several rounds of review by an independent and international team of
experts. The methods proposed have been used to successfully eradicate
rodents from hundreds of islands worldwide. The methods proposed for
the Rat Island project were developed to successfully eradicate non-
native rodents while minimizing secondary impacts to wildlife. The
AMNWR has consulted with NMFS representatives regarding the level of
disturbance associated with the Rat Island Project. These consultations
concluded that Level A Harassment is unlikely to result from this
project.
EPS Comment: Rat Island was invaded by rats over 200 years ago and
the ecological damage has been in place for centuries- the pristine
condition has no way to be known- so this project has little potential
for improving the ecological condition of the island in any major way,
with associated high levels of impacts to endangered Steller sea lions.
Response: Whether or not the project has the potential to improve
the ecological condition of the island is outside the scope of the IHA.
However,
[[Page 51285]]
the application indicated that most of the islands in the Aleutian
archipelago, including those very near Rat Island, do not have rats and
provide a good indication of what the island was like prior to the
introduction of rats. If rats are successfully removed, habitat is
anticipated to recover and native wildlife species will likely re-
colonize the island. The USFWS and its partners would not commit the
time, staff, funding, and other resources to a project that had no
tangible natural resource benefits. National Wildlife Refuge System
lands are mandated to be managed for natural biodiversity.
EPS Comment: EPS states that sufficient time has not been allowed
to plan, monitor, stage, or implement the project sufficiently for
implementation in September or even November 2008. Losing funding is
not an appropriate reason to rush a project that is complex,
logistically extremely difficult, has a high potential for failure, has
high potential for unacceptable impacts, including injury and possibly
death to individual Steller sea lions on Rat Island and at the rookery,
and is on an extremely large island on which neither the USFWS nor
Island Conservation has ever attempted an aerial broadcast.
Response: This project has been planned for several years with
guidance from and review by an independent, international team of
experts. The equipment, supplies, and staff needed for the project to
be successful have been secured. The AMNWR and its partners have many
years of experience operating in the Aleutian Islands, fully understand
the challenges associated with a project of this magnitude and expect
to be successful. Also, as mentioned previously, NMFS does not expect
the planned activity to result in the injury or death of any marine
mammals.
EPS Comment: EPS states that the impacts and takes of marine
mammals could be higher than evaluated in the application based on pre-
and post- monitoring activities and conducted surveys; and suggests
that monitoring activities should occur over many years. EPS also
states that takes could be higher than evaluated in the application
based on and the potential for fuel spills during staging and after
project completion.
Response: Based on aerial surveys conducted at Rat Island and on
the islet off of Ayugadak Point, NMFS determined that numbers of
pinnipeds potentially taken by Level B harassment incidental to rat
eradication operations is small relative to the population of the
species and stock. Activities related to pre- and post project
activities have not and will not result in the take of any marine
mammals. Due to the remote location of Rat Island as well as the
inclement and unpredictable weather in the region, long term pre- and
post- monitoring activities would be very difficult to conduct. Marine
mammal take related to the Rat Island project is expected to be much
lower than requested in the IHA application and will be carefully
monitored. Fuel for the Rat Island project will be handled in
accordance with all applicable laws and USFWS Region 7 Fuel Policy.
Fuel storage areas will use secondary containment that prevents a
catastrophic release into the environment. Spill response equipment and
40 hour HAZWOPER trained personnel will be available to all locations
where fuel is located and on the Refuge research vessel to be used in
the unlikely event of a fuel spill.
Incidental Take Authorization Requested
The rat eradication effort and associated operations may result in
the taking of marine mammals by Level B incidental harassment only. As
a result, the USFWS has requested an IHA for Level B harassment. For
this authorization, Level B harassment occurs if an animal moves away
any distance in response to the presence of field crew personnel,
watercraft, and/or aircraft, or if the animals was already moving and
changed direction. Animals that raise their head and look at field crew
personnel and/or operated vehicle without moving are not considered
disturbed. Most incidental takings will be related to harassment from
the noise and visual presence/movement of helicopter operations during
the bait application period. A small number of takes could also occur
as a result of human presence and boat operations during the course of
the project.
Level A take (i.e., injury or mortality) due to stampeding or
mother-pup separation is not anticipated during the rat eradication
operations. Since the activities will occur after the rookery season,
the abundance of pinnipeds should be lower. Injuries or mortalities by
stampedes due to field crew personnel, watercraft, and/or aircraft
approaches are not anticipated because animals are likely to be more
spaced apart, thus when being flushed into the water, it is not likely
that they would trample one another.
The use of a rodenticide is not expected to result in any Level A
harassment or death of marine mammals. Marine mammals are unlikely to
ingest bait pellets of rodenticide opportunistically or accidentally
because they are strictly carnivorous and are not carrion eaters.
Additionally, the rodenticide is retained at low levels in body tissues
and numerous large exposures (on the order of directly consuming tens
to hundreds of bait pellets) would have to occur in order to result in
injury or death. Based on their known dietary habits, Steller sea lions
and harbor seals are not expected to ingest either bait pellets or rat
carcasses resulting from rodenticide application.
Estimated Number of Marine Mammal Takes
As discussed above, NMFS anticipated that take of marine mammals
will occur in the form of disturbance resulting from the presence of
helicopters, vessel or pedestrian traffic in the vicinity of the
pinnipeds. As also discussed above, no take is expected to result from
exposure to rodenticide.
Rat Island
Most of the disturbance associated with the Rat Island eradication
will be a result of aircraft noise. The helicopters used to apply bait
to the island will make two passes across most of the island to ensure
success of the project. This could result in two harassment incidents
of Steller sea lions and harbor seals that are hauled out at that time.
The area surrounding a known Steller sea lion haul out at Krysi Point
will be avoided by all activities other than bait application. Harbor
seals use many parts of Rat Island shoreline and could also be affected
by boat operations and personnel movements. Thus the number of takes
was estimated at 2.5 for each individual of this species to account for
their sporadic distribution in the water and at haul-outs around the
island.
Steller sea lions at Rat Island were counted during an aerial
survey in 2004. The number of animals counted during that survey was
increased to allow for potential population growth and then used to
calculate the total take in Table 4 (below).
The composition of Steller sea lions, which haul out away from
rookeries, shifts between seasons and is not well understood. Although
no pups are expected at Rat Island, determining the age and sex ratio
of animals using the known haul out near Krysi Point in October is
difficult at best. For this reason the number is calculated as adult
and sub-adult animals without reference to the sex of these animals.
Harbor seals at Rat Island were counted by an aerial survey in 1999
(see Table 4). The number of animals (93 individuals) recorded during
that survey
[[Page 51286]]
was increased to allow for potential population growth and then used to
calculate the total take in Table 4 (below). Information regarding the
demographics of harbor seals on Rat Island is not available. The number
of animals recorded in the 1999 survey was used to calculate a total
number of harbor seal takes.
Table 4. Estimated number of marine mammals affected by aircraft operations on Rat Island.
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
of of Pups Subadults Adults
Species animals at Rat take events per ----------------------------------------------------------------------------------------------------------- Total
Island animal M F M F of Takes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion 65 2 0 0 - - - - 130
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Pacific harbor seal 100 2.5 0 0 - - - - 250
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
M= male, F= female
Ayugadak Point Rookery
Project crews will not attempt to access the Ayugadak Point islet
by boat in early August and install bait stations as described in the
proposed IHA notice (73 FR 34705). The application of bait will be
conducted in a manner that will attempt to minimize the disturbance of
animals (adults and pups) on the rookery itself. Previous surveys at
the islet have sometimes encountered one or two non-breeding bulls
outside of the rookery area near the landing area. These were young or
old bulls unable to hold a territory at the rookery. A female with a
dependent pup has not been encountered outside the rookery area on the
islet. However, marine mammals can be unpredictable and this remote
possibility cannot be completely discounted. A survey of Steller sea
lions was conducted by NMFS in 2005. This survey data was increased to
allow for potential population growth and then used to calculate the
number of animals anticipated to be affected by this proposed operation
plan in the table below. The numbers in the table below also reflect
the remote possibility of encountering a female with a dependent pup
outside the rookery area.
There are no location-specific population estimates available for
harbor seals on the islet off Ayugadak Point. However, the total take
estimate of harbor seals in Table 4 (above) already takes proposed
personnel activities, such as boat operation and bait station
installation, into account. The Level B take of harbor seals at the
islet is not anticipated. Recent investigations in the area have not
sighted harbor seals using the islet near Ayugadak Point and no animals
are expected to be disturbed by operations at that location during the
project.
Since project crews will not be able to visit the islet off
Ayugadak Point during either of the proposed planned visits in August
and October, the islet will be aerially treated at the same time at Rat
Island in October. The aerial broadcast will require approximately 15
minutes of flight time, but would likely disturb all sea lions present
at the time. Survey numbers from the NMFS survey in 2005 indicate the
presence of 83 pups. By October, the pups will be of an adequate size
to avoid being trampled by other animals and largely independent of
their mothers. NMFS survey data was increased to allow for potential
population growth and then used to calculate the number of animals
affected by an aerial treatment of the islet in Table 5 (below).
Table 5. Estimated number of Steller sea lions affected by possible aerial broadcast of the islet near Ayugadak Point, October.
--------------------------------------------------------------------------------------------------------------------------------------------------------
of of take events per Total
Species animals animal Pups Subadults Adults of takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller sea lion 320 1 100 0 220 320
--------------------------------------------------------------------------------------------------------------------------------------------------------
The distribution of pinnipeds hauled-out along the shorelines is
not even between sites or at different times of the year. The number of
marine mammals disturbed will vary by month and location, and, compared
to animals hauled-out on the shoreline farther away from proposed
operations, only those animals hauled-out closest to the actual
proposed operation sites are likely to be disturbed by the presence of
field crew personnel activities and alter their behavior or attempt to
move out of the way.
As discussed earlier, the take estimates consider an animal to have
been harassed if it moved away any distance in response to the presence
of field crew personnel, watercraft, and/or aircraft, or if the animal
was already moving and changed direction. Based on past observations
and assuming a maximum level of incidental harassment of marine mammals
at each site during periods of visitation, NMFS estimates that the
maximum total possible numbers of individuals that will be incidentally
harassed during the effective dates of the proposed IHA would be 385
Steller sea lions (450 total Level B takes), and 100 Pacific harbor
seals (250 total Level B takes) may be taken.
The populations size of the U.S. western stock of Steller sea lions
is estimated to be 44,780, with a minimum population estimate of 38,988
animals (Angliss and Outlaw, 2007). Population estimates for the U.S.
Gulf of Alaska stock of Pacific harbor seals range from a minimum of
44,453 to an average of 45,975 animals (Angliss and Outlaw, 2007). The
estimated total possible number of individuals that will be
incidentally harassed during the proposed project is 0.009 and 0.002
percent of the respective Steller sea lion and harbor seal U.S. stock
populations for these species. NMFS has determined that these are small
numbers, relative to population estimates, of Steller sea lions and
Pacific harbor seals.
Anticipated Impacts to Subsistence Users
In the Aleutian Islands, rural residents use marine mammal
resources for subsistence purposes. The proposed rat eradication
operations described in the EA should have no effect on marine
[[Page 51287]]
mammal subsistence uses or needs. Rat Island is uninhabited and is
located more than 322 km (200 mi) from the nearest rural community of
Adak, Alaska. The subsistence resources used by rural residents in the
Aleutian Islands are harvested near the islands where the communities
are located and no subsistence use of the pinniped species at Rat
Island is expected. Rat Island is not known to have been used for
marine mammal subsistence purposes since the 1800s.
Anticipated Impact of the Activity Upon Marine Mammal Habitat
NMFS anticipates the proposed rat eradication operations described
in the IHA application and this document will result in no impacts to
the habitat of marine mammals in the Rat Island area beyond rendering
the areas immediately around each of the baiting application and
broadcasting sites less desirable as haul-out sites for a short time
period during the length of the action. Helicopter and field crew
operations will occasionally need to enter the Steller sea lions
designated critical habitat. USFWS has obtained permission from NMFS
for operations within the ``no-entry zones'' established by 50 CFR
223.202. Although Level B Harassment is expected to occur in some
instances, these proposed activities will not result in the physical
alteration of habitat or lead to any effects on the prey base of
Steller sea lions or harbor seals. The rat eradication project should
not result in the loss or modification of marine mammal habitat and the
application of rodenticide bait are not likely to affect marine mammals
during the described operations.
Mitigation
Several mitigation measures to reduce the potential for harassment
from rat population eradication operations would be (or are proposed to
be implemented) implemented as part of the proposed USFWS activities.
The potential risk of injury or mortality would be avoided with the
following proposed measures.
Timing
The eradication will take all measures possible to minimize marine
mammal disturbance. This will be especially critical during periods
when Steller sea lions and harbor seals are giving birth, mating,
rearing young, and molting. Disturbances to females with dependent pups
(in the cases of Steller sea lions and Pacific harbor seals) will be
mitigated to the greatest extent practicable by avoiding visits to
baiting sites with resident pinnipeds during periods of breeding,
lactation, and molting when possible. During this period, rat
eradication operations would be limited to mostly sites where pinniped
breeding, post-partum nursing, and molting does not occur.
The reproductive period for Steller sea lions is generally late May
through early July, with a peak in the second and third weeks of June
(Pitcher and Calkins, 1981; Gisiner, 1985). Pups stay on land for about
two weeks after which they spend increasing time in nearshore waters
until they begin to disperse from rookeries to haul-outs with females
at about 2.5 months of age (Raum-Suryan et al., 2004; Maniscalco et
al., 2002, 2006). In the Aleutian Island area, most pupping is complete
by the last week of June and dispersal should occur by mid-September.
Molting in Steller sea lions varies by age and sex of animal and is
known to last about 45 days. Juveniles molt first, followed by adult
females, bull and pups (Daniel, 2003). The molt should be nearly
completed during the planned bait application period.
Harbor seals typically give birth during May and June. Pups are
usually weaned within a month and no longer need to be close to their
mothers. The peak molting period occurs between August and September
(Jemison and Kelly, 2001; Daniel et al., 2003).
Conducting bait application operations after marine mammal breeding
and molting is complete reduces the potential for disturbances to these
species during the sensitive periods of breeding, pup rearing, and
molting. Most pinnipeds in the project area are expected to have
completed pupping by July, and some young animals that still have
associations with their mothers may be present during field operations
in September, October, and November. The density of animals will be
less during the scheduled operations in the autumn than during the peak
breeding season, because animals will no longer be giving birth or
holding territories. Limiting visits to the breeding, lactation, and
molting sites to periods when these activities do not occur will reduce
the possibility of incidental harassment and the potential for injury
or mortality of dependent Steller sea lion pups and Pacific harbor
seals to near zero. See Table 6 (below) for additional information
regarding the limitation and timing of field operations and
biologically sensitive periods during the rat eradication project.
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Eradication Operations
Mitigation of the impacts on affected pinnipeds requires that field
crew personnel be judicious in the route of approach to haul-out sites
and/or rookeries, avoiding close contact with pinnipeds hauled-out on
shore. In no case will marine mammals be deliberately approached by
field crew personnel, and in all cases every possible measure will be
taken to select a pathway of approach to baiting sites that minimizes
the number of marine mammals harassed. After each visit to a given
baiting site, the site will be vacated as soon as possible so that it
can be re-occupied by hauled-out marine mammals that may have been
disturbed by the presence of field crew personnel.
Steller sea lions have a persistent haul-out at Krysi Point at the
west end of Rat Island and a rookery on the islet off Ayugadak Point.
Steller sea lions are likely to haul-out at other locations on Rat
Island as well. During staging operations, helicopter flight lines will
avoid the rookery, the known traditional haul-out site (i.e., Krysi
Point), and any haul-out sites discovered prior to helicopter
operations. Unlike during staging, it will be more difficult to avoid
known haul-out sites on Rat Island with the helicopter during bait
application because of the need for thorough coverage of the island. In
order to minimize the possibility of disturbance to marine mammals,
USFWS will be judicious in the route of approach to bait application
and broadcast sites, especially those near known haul-out sites and
rookeries, during rat eradication operations.
The islet off Ayugadak Point will be baited with the helicopter as
described in the EA and IHA application. The helicopter baiting will
likely be completed in approximately 15 minutes and disturbance to
Steller sea lions is likely to be very short term.
Harbor seals will also be avoided to the greatest extent possible
during helicopter operations. During staging operations, project
managers will plan helicopter flight lines and boat travel to minimize
the potential for disturbance to harbor seal haul-outs known from
existing databases and surveys conducted prior to the operations.
Unlike during staging it will be more difficult to avoid known haul
sites on Rat Island with the helicopter during bait application because
of the need for thorough coverage of the entire island. In order to
minimize the possibility of disturbance to marine mammals, USFWS will
be judicious in the route of approach to bait application and broadcast
sites, especially those near known haul-out sites and rookeries, during
rat eradication operations.
Field Crew Personnel
The Steller sea lion haul-out at Krysi Point on Rat Island will be
avoided by personnel involved with this project. The sporadic personnel
presence and temporary infrastructure installations that may be
necessary near harbor seal haul-outs during both staging and bait
application operations may result in localized disturbances, although
this is much less likely to disturb animals than proposed helicopter
overflights. The camps and staging areas themselves will be well inland
and will have negligible impacts on Steller sea lions and harbor seals
hauled out on the coastline.
Monitoring, and Reporting
When marine mammals are encountered during the project, personnel
will record information regarding species, distribution, behavior, and
number of animals. When conditions permit, information regarding sex,
age (pup, sub-adult, adult) and any marked animals will also be
recorded. As part of the monitoring, USFWS will record the numbers of
disturbed animals that flush into the water, the number that move more
than 1 m (3.3 ft), but do not enter the water, the number that become
alert and move, but do not move more than 1 m, and the number that were
previously moving and change direction. Upon completion of the project,
this information will be compiled and provided to NMFS.
Aircraft and personnel activities related to the proposed project
will be coordinated to reduce potential take. The staff of AMNWR and
their partners will evaluate incidental take and stop any operations
should the potential for incidental take be too great.
Monitoring requirements in relation to USFWS rat eradication
operations will include observations made by the applicant and field
crew personnel associated with the action. Information recorded will
include species counts (with numbers of pups), numbers of observed
disturbances, and descriptions of the disturbance behaviors during the
proposed rat eradication operations. Observations of unusual behaviors,
numbers, or distributions of pinnipeds on Rat Island will be reported
to NMFS, so that any potential follow-up observations can be conducted
by the appropriate personnel. In addition, observations of tag-bearing
pinniped carcasses as well as any rare or unusual species of marine
mammals will be reported to NMFS.
If at any time injury or death of any marine mammal occurs that may
be a result of the proposed rat population eradication operations,
USFWS will suspend baiting application and broadcasting activities and
contact NMFS immediately to determine how best to proceed to ensure
that another injury or death does not occur, and to ensure that the
applicant remains in compliance with the MMPA. Also, if any injured or
dead marine mammal is found at anytime, USFWS will notify NMFS
immediately, even if it was likely caused by something other than the
specified activities.
A draft final report must be submitted to NMFS within 90 days after
the conclusion of the field season. The report will include a summary
of the information gathered pursuant to the monitoring requirements set
forth in the IHA. A final report must be submitted to the Regional
Administrator within 30 days after receiving comments from NMFS on the
draft final report. If no comments are received from NMFS, the draft
final report will be considered to be the final report.
ESA
For the reasons already described in this Federal Register Notice,
NMFS has determined that the described rat population extermination
operations and the accompanying IHA may have an effect on species or
critical habitat protected under the ESA (specifically, the Steller sea
lion). Therefore, consultation under Section 7 is required. A
Biological Opinion (BiOp) has been prepared by NMFS' Alaska Region. The
BiOp reached a no jeopardy determination for listed species and the
activity is not likely to result in the destruction or adverse
modification of critical habitat, and an incidental take statement was
issued for Steller sea lions.
National Environmental Policy Act (NEPA)
USFWS prepared an Environmental Assessment (EA) of Restoring
Wildlife Habitat on Rat Island, AK, and issued a Finding of No
Significant Impact (FONSI) for the preferred alternative. NMFS has
adopted the EA and it adequately addressed the effects on the human
environment of the proposed action on the issuance of an IHA, for their
preferred alternative. NMFS also issued a FONSI, for our preferred
alternative. A copy of the EA and FONSI are available upon request (see
ADDRESSES). A copy of the NMFS prepared FONSI is also available upon
request (see ADDRESSES).
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Conclusions
Based on the USFWS' application, as well as the analysis contained
herein, NMFS has determined that the taking will have a negligible
impact on the affected marine mammal species or stocks. The impact of
the described non-native rat extermination at Rat Island will result,
at most, in a temporary modification in behavior of small numbers of
Steller sea lions and Pacific harbor seals, in the form of head alerts,
movement away from personnel, watercraft and aircraft, and/or flushing
from the beach. In addition, no take by injury or death is anticipated,
and take by harassment will be at the lowest level practicable due to
incorporation of the monitoring and mitigation measures mentioned
previously in this document. NMFS has further also determined that the
anticipated takes not have an unmitigable impact on the availability of
affected species or stocks for subsistence use.
Authorization
NMFS has issued an IHA to the USFWS for the harassment of Steller
sea lions and Pacific harbor seals incidental to non-native rat
population eradication operations, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
Dated: August 26, 2008.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. E8-20276 Filed 8-29-08; 8:45 am]
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