[Federal Register Volume 76, Number 98 (Friday, May 20, 2011)]
[Notices]
[Pages 29196-29209]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-12487]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XA402
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay
National Marine Sanctuary, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments.
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SUMMARY: NMFS has received a request from the Monterey Bay National
Marine Sanctuary (MBNMS or sanctuary) for an incidental harassment
authorization (IHA) to take small numbers of marine mammals incidental
to permitting professional fireworks displays within the sanctuary in
California waters. Pursuant to the Marine Mammal Protection Act (MMPA),
NMFS is requesting comments on its proposal to issue an IHA to MBNMS to
take, by Level B harassment only, two species of marine mammals during
the specified activity.
DATES: Comments and information must be received no later than June 20,
2011.
ADDRESSES: Comments on the application should be addressed 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. The mailbox address for providing e-
mail comments is [email protected]. NMFS is not responsible for e-mail
comments sent to addresses other than the one provided here. Comments
sent via e-mail, including all attachments, must not exceed a 10-
megabyte file size.
Instructions: All comments received are a part of the public record
and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm 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.
A copy of the application containing a list of the 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 visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may also be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Ben Laws, Office of Protected
Resources, 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 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
published in the Federal Register to provide public notice and initiate
a 30-day comment period.
Authorization for 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.''
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 Level B
harassment as defined below. 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 the authorization.
If authorized, the IHA would be effective for one year from the date of
issuance.
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 28, 2011, NMFS received an application from the MBNMS
requesting an IHA under section 101(a)(5)(D) of the MMPA for the
potential harassment of California sea lions (Zalophus californianus)
and harbor seals (Phoca vitulina) incidental to coastal fireworks
displays conducted at MBNMS under permits issued by MBNMS. This would
effectively constitute a renewed authorization; NMFS first issued an
IHA to MBNMS on July 4, 2005 (70 FR 39235; July 7, 2005), and
subsequently issued five-year regulations governing the annual issuance
of Letters of Authorization under section 101 (a)(5)(A) of the MMPA (71
FR 40928;
[[Page 29197]]
July 19, 2006). Those regulations expire on July 3, 2011.
The MBNMS adjoins 276 mi (444 km), or approximately 25 percent, of
the central California coastline, and encompasses ocean waters from
mean high tide to an average of 25 mi (40 km) offshore between Rocky
Point in Marin County and Cambria in San Luis Obispo County. Fireworks
displays have been conducted over current MBNMS waters for many years
as part of national and community celebrations (e.g., Independence Day,
municipal anniversaries), and to foster public use and enjoyment of the
marine environment. In central California, marine venues are the
preferred setting for fireworks in order to optimize public access and
avoid the fire hazard associated with terrestrial display sites. Many
fireworks displays occur at the height of the dry season in central
California, when area vegetation is particularly prone to ignition from
sparks or embers.
In 1992, the MBNMS was the first national marine sanctuary (NMS) to
be designated along urban shorelines and therefore has addressed many
regulatory issues previously not encountered by the NMS program.
Authorization of professional firework displays has required a steady
refinement of policies and procedures related to this activity.
Fireworks displays, and the attendant increase in human activity, are
known to result in the behavioral disturbance of pinnipeds, typically
in the form of temporary abandonment of haul-outs. As a result,
pinnipeds hauled out in the vicinity of permitted fireworks displays
may exhibit behavioral responses that indicate incidental take by Level
B harassment under the MMPA. Numbers of California sea lions and harbor
seals, the species that may be subject to harassment, have been
recorded extensively at four regions where fireworks displays are
permitted in MBNMS. Based on these data and MBNMS's estimated maximum
number of fireworks displays, MBNMS is requesting authorization to
incidentally harass up to 6,170 California sea lions and 1,065 harbor
seals during the one-year time span of the proposed IHA, from July 4,
2011 to July 3, 2012.
Description of the Specified Activity
Since 1993, the MBNMS, a component of NOAA's Office of National
Marine Sanctuaries, has processed requests for the professional display
of fireworks that affect the Sanctuary. The MBNMS has determined that
debris fallout (i.e., spent pyrotechnic materials) from fireworks
events may constitute a discharge into the sanctuary and thus violate
sanctuary regulations, unless a permit is issued by the superintendent.
Therefore, sponsors of fireworks displays conducted in the MBNMS are
required to obtain sanctuary authorization prior to conducting such
displays (see 15 CFR 922.132).
Professional pyrotechnic devices used in fireworks displays can be
grouped into three general categories: aerial shells (paper and
cardboard spheres or cylinders ranging from 2-12 in (5-30 cm) in
diameter and filled with incendiary materials), low-level comet and
multi-shot devices similar to over-the-counter fireworks (e.g., roman
candles), and ground-mounted set piece displays that are mostly static
in nature.
Aerial shells are launched from tubes (i.e., mortars), using black
powder charges, to altitudes of 200 to 1,000 ft (61 to 305 m) where
they explode and ignite internal burst charges and incendiary
chemicals. Most of the incendiary elements and shell casings burn up in
the atmosphere; however, portions of the casings and some internal
structural components and chemical residue may fall back to the ground
or water, depending on prevailing winds. An aerial shell casing is
constructed of paper/cardboard or plastic and may include some plastic
or paper internal components used to compartmentalize chemicals within
the shell. Within the shell casing is a burst charge (usually black
powder) and a recipe of various chemical pellets (i.e., stars) that
emit colored light when ignited. Chemicals commonly used in the
manufacturing of pyrotechnic devices include: potassium chlorate,
potassium perchlorate, potassium nitrate, sodium benzoate, sodium
oxalate, ammonium, perchlorate, strontium nitrate, strontium carbonate,
sulfur, charcoal, copper oxide, polyvinyl chloride, iron, titanium,
shellac, dextrine, phenolic resin, and aluminum. Manufacturers consider
the amount and composition of chemicals within a given shell to be
proprietary information and only release aggregate descriptions of
internal shell components. The arrangement and packing of stars and
burst charges within the shell determine the type of effect produced
upon detonation.
Attached to the bottom of an aerial shell is a lift charge of black
powder. The lift charge and shell are placed at the bottom of a mortar
that has been buried in earth/sand or affixed to a wooden rack. After a
fuse attached to the lift charge is ignited with an electric charge or
heat source, the lift charge explodes and propels the shell through the
mortar tube and into the air to a height determined by the amount of
powder in the lift charge and the weight of the shell. As the shell
travels skyward, a time-delay secondary fuse ignites the burst charge
within the shell at peak altitude. The burst charge then detonates,
igniting and scattering the stars, which may, in turn, produce small
secondary explosions. Shells can be launched one at a time or in a
barrage of simultaneous or quick succession launches. They are designed
to detonate between 200 and 1,000 ft (61 to 305) above ground level
(AGL).
In addition to color shells (also known as designer or starburst
shells), a typical fireworks show will usually include a number of
aerial `salute' shells. The primary purpose of salute shells is to
signify the beginning and end of the show and produce a loud percussive
audible effect. These shells are typically 2-3 in (5-7 cm) in diameter
and packed with black powder to produce a punctuated explosive burst at
high altitude. From a distance, these shells sound similar to cannon
fire when detonated.
Low-level devices consist of stars packed linearly within a tube
which, when ignited, exit the tube in succession producing a fountain
effect of single or multi-colored light as the stars incinerate during
the course of their flight. Typically, the stars burn rather than
explode, thus producing a ball or trail of sparkling light to a
prescribed altitude where they extinguish. Sometimes they may terminate
with a small explosion similar to a firecracker. Other low-level
devices emit a projected hail of colored sparks or perform erratic low-
level flight while emitting a high-pitched whistle, or emit a pulsing
light pattern or crackling or popping sound effects. In general, low-
level launch devices and encasements remain on the ground or attached
to a fixed structure and can be removed upon completion of the display.
Common low-level devices are multi-shot devices, mines, comets,
meteors, candles, strobe pots and gerbs. They are designed to produce
effects between 0 and 200 ft (61 m) AGL.
Set piece or ground level fireworks are primarily static in nature
and remain close to the ground. They are usually attached to a
framework that may be crafted in the design of a logo or familiar
shape, illuminated by pyrotechnic devices such as flares, sparklers and
strobes. These fireworks typically employ bright flares and sparkling
effects that may also emit limited sound effects such as cracking,
popping, or whistling. Set pieces are usually used in concert with low-
level effects or an aerial show and sometimes act as a
[[Page 29198]]
centerpiece for the display. They may have some moving parts, but
typically do not launch devices into the air. Set piece displays are
designed to produce effects between 0 and 50 ft (15 m) AGL.
Each display is unique, according to the type and number of shells,
the pace and length of the show, the acoustic characteristics of the
display site, and the weather and time of day. The vast majority (97
percent) of fireworks displays authorized in the Sanctuary between 1993
and 2005 were aerial displays that usually included simultaneous low-
level displays, and this trend has continued. An average large display
may last twenty minutes and include approximately 700 aerial shells and
750 low-level effects. An average smaller display may last
approximately seven minutes and include 300 aerial shells and 550 low-
level effects. Recent displays have shown a declining trend in the
total number of shells used in aerial displays, likely due to
increasing shell costs and/or fixed entertainment budgets. Low-level
displays sometimes compensate for the absence of an aerial show by
squeezing a larger number of effects into a shorter timeframe. This
results in a dramatic and rapid burst of light and sound effects at low
level. A large low-level display may expend 4,900 effects within a
seven-minute period, and a small display will use an average of 1,800
effects within the same timeframe. Some fireworks displays are
synchronized with musical broadcasts over loudspeakers and may
incorporate other non-pyrotechnic sound and visual effects.
The MBNMS has issued 87 permits for professional fireworks displays
since 1993. However, the MBNMS staff projects that as many as 20
coastal displays per year may be conducted in, or adjacent to, MBNMS
boundaries in the future. Thus, the number of displays will be limited
to not more than 20 events per year in four specific areas along 276 mi
(444 km) of coastline. Fireworks displays will not exceed 30 minutes
(with the exception of up to two displays per year, each not to exceed
1 hour) in duration and will occur with an average frequency of less
than or equal to once every two months within each of the four
prescribed display areas. NMFS believes--and extensive monitoring data
indicates--that incidental take resulting from fireworks displays will
be, at most, the short-term flushing and evacuation of non-breeding
haul-out sites by California sea lions and harbor seals.
A more detailed description of the fireworks displays permitted by
MBNMS may be found in MBNMS' application, in MBNMS' Assessment of
Pyrotechnic Displays and Impacts within the MBNMS 1993-2001 (2001), or
in the report of Marine Mammal Acoustic and Behavioral Monitoring for
the MBNMS Fireworks Display, 4 July 2007 (2007), which are available
at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Description of Fireworks Display Areas
The Monterey Bay area is located in the Oregonian province
subdivision of the Eastern Pacific Boreal Region. The six types of
habitats found in the bay area are: (1) Submarine canyon habitat, (2)
nearshore sublittoral habitat, (3) rocky intertidal habitat, (4) sandy
beach intertidal habitat, (5) kelp forest habitat, and (6) estuarine/
slough habitat. Monterey Bay supports a wide array of temperate cold-
water species with occasional influxes of warm-water species, and this
species diversity is directly related to the diversity of habitats.
Pyrotechnic displays within the sanctuary are conducted from a
variety of coastal launch sites (e.g., beaches, bluff tops, piers,
offshore barges, golf courses). Permitted fireworks displays will be
confined to only four general prescribed areas (with seven total sub-
sites) within the sanctuary, while displays along the remaining 95
percent of sanctuary coastal waters will be prohibited. These sites
were approved for fireworks events based on their proximity to urban
areas and pre-existing high human use patterns, seasonal considerations
such as the abundance and distribution of marine wildlife, and the
acclimation of wildlife to human activities and elevated ambient noise
levels in the area.
The four conditional display areas are located, from north to
south, at Half Moon Bay, the Santa Cruz/Soquel area, the northeastern
Monterey Peninsula, and Cambria (Santa Rosa Creek) (see Maps A-J in
MBNMS' application). The number of displays will be limited to not more
than 20 total events per year within these four specific areas
combined, along the whole 276 mi (444 km) of coastline.
Half Moon Bay
This site, at Pillar Point Harbor, is typically used annually for a
20-minute, medium-sized Independence Day fireworks display on July 4.
The launch site is on a sandy beach inside and adjacent to the east
outer breakwater, upon which the aerial shells are launched and aimed
to the southwest.
The harbor immediately adjacent to the impact area is home to a
major commercial fishing fleet that operates at all times. The harbor
also supports a considerable volume of recreational boat traffic. Half
Moon Bay Airport is located adjacent to the harbor and approach and
departure routes pass directly over the acute impact area. The airport
is commonly used by general aviation pilots for training, with an
annual average attendance of approximately fifteen flights per day. On
weekends, with good weather, the airport may accommodate as many as
fifty flights per day. Beachgoers and water sports enthusiasts use the
beaches to the south of the launch site. The impact area is also used
by recreational fishermen, surfers, swimmers, boaters, and personal
watercraft operators. To the north, around Pillar Point, is an area
known as `Mavericks', considered a world-class surfing destination.
Surfing contests are held periodically at Mavericks. The impact area is
also subjected to daily traffic noise from California Highway 1, which
runs along the coast and is the primary travel route through the area.
Concentrations of harbor seals are present to the north around
Pillar Point and on the coast to the south of the launch site. It is
possible that individual elephant seals (Mirounga angustirostris) may
enter the area from breeding sites at A[ntilde]o Nuevo Island and the
Farallon Islands, but breeding occurs in the winter and displays in
Half Moon Bay are limited to summer. Gray whales (Eschrichtius
robustus) typically migrate west of the reefs extending south from
Pillar Point.
Santa Cruz/Soquel
Three separate fireworks display sites (Santa Cruz, Capitola, and
Aptos, from west to east) are located within the Santa Cruz/Soquel
area. The Santa Cruz launch site is typically used annually for City of
Santa Cruz anniversary fireworks displays in early October. The launch
site is on a sandy beach, adjacent to the Santa Cruz boardwalk and the
San Lorenzo River and along the west bank. The aerial shells are aimed
to the south.
The harbor immediately adjacent to the Santa Cruz impact area is
home to a commercial fishing fleet that operates at all times. The
harbor also supports a large volume of recreational boater traffic. The
launch site is in the center of the shoreline of a major urban coastal
city. The beaches to the west of the launch site are adjacent to a
large coastal amusement park complex and are used extensively by
beachgoers and water sport enthusiasts from the local area as well as
San Jose and San Francisco. The impact area is used by boaters,
recreational fishermen,
[[Page 29199]]
swimmers, surfers, and other recreational users. Immediately southwest
of the launch site is a mooring field and the Santa Cruz Municipal Pier
which is lined with retail shops, restaurants, and offices. To the west
of the pier is a popular local surfing destination known as `Steamer
Lane'. Surfing contests are routinely held at the site. During the
period from sunset through the duration of the fireworks display, 40-70
vessels may anchor within the acute impact area to view the fireworks,
with vessels moving throughout the waters south of the launch site to
take up position. In addition, U.S. Coast Guard (USCG) and harbor
patrol vessels motor through the impact area to maintain a safety zone
around the launch site.
The Capitola launch site has been used once since 1993 for a 50-
year City of Capitola anniversary fireworks display, on May 23, 1999.
This display was one of the largest volume fireworks displays conducted
in the MBNMS, incorporating 1,700 aerial shells and 1,800 low-level
effects and lasting 25 minutes. The launch site was on the Capitola
Municipal Pier, adjacent to the City of Capitola. The aerial shells
were aimed above the pier.
The Capitola impact area is immediately adjacent to a small urban
community. The beaches to the east and west of the launch site are used
daily by beachgoers and water sport enthusiasts from the regional area.
The impact area is used by boaters, recreational fishermen, swimmers,
surfers, and other recreational users. To the east of the pier is a
mooring field and popular public beach.
The Aptos site is typically used annually for a large fundraiser,
conducted by the Monte Foundation, for Aptos area schools in October.
The launch site is on the Aptos Pier and part of a grounded historical
cement vessel at Seacliff State Beach. The aerial shells are aimed
above and to the south of the pier. The large aerial show typically
lasts for approximately 20 minutes.
The Aptos impact area is immediately adjacent to a recreational
beach. The beaches to the east and west of the launch site are used
daily by beachgoers and water sport enthusiasts from the regional area.
The impact area is used by boaters, recreational fishermen, swimmers,
surfers, and other recreational users, but typically at moderate to
light levels of activity. To the east and west of the pier are public
use beach areas and private homes at the top of steep coastal bluffs.
During the period from sunset through the duration of the fireworks
display, 30-40 vessels anchor within the acute impact area to view the
fireworks, typically traveling throughout the waters seaward of the
cement vessel to take up position. In addition, USCG and State Park
Lifeguard vessels motor through the impact area to maintain a safety
zone around the launch site.
California sea lions routinely use the Santa Cruz Municipal Pier as
a haul-out and resting site. Gray whales typically migrate along a
southerly course, west of Point Santa Cruz and away from the pier. At
the seaward end of the Aptos Pier is a 400 ft (122 m) grounded cement
vessel, which was purposefully set in position as an extension of the
pier, but has since been restricted to public access. The exposed
interior decks of the barge have created convenient haul-out surfaces
for harbor seals. In a 2000 survey, the MBNMS recorded as many as 45
harbor seals hauled out on the barge in the month of October.
Monterey Peninsula
Two separate fireworks display sites (City of Monterey and Pacific
Grove) are located within the Monterey Peninsula area. For Independence
Day, the City of Monterey typically launches approximately 750 shells
and an equal number of low-level effects from a barge anchored
approximately 1,000 ft (305 m) east of Municipal Wharf II and 1,000
feet (305 meter) north of Del Monte Beach. The aerial shells are aimed
above and to the northeast. The City's display typically lasts
approximately 20 minutes and is accompanied by music broadcasted from
speakers on Wharf II. A Monterey New Year's festival has at times used
the City's launch barge for an annual fireworks display. This medium-
size aerial display typically lasts approximately 8 minutes, when it
occurs. In addition, several private displays have been authorized from
a launch site on Del Monte Beach, including an aerial display and low-
level displays, lasting approximately 7 minutes.
The Monterey fireworks impact area lies directly under the
approach/departure flight path for Monterey Peninsula Airport and is
commonly exposed to noise and exhaust from general aviation,
commercial, and military aircraft at approximately 500 ft (152 m)
altitude. The airport supports approximately 280 landings/takeoffs per
day in addition to touch-and-goes (landing and takeoff training).
Commercial and recreational vessels operate at all hours from the
adjacent harbor. A thirty-station mooring field lies within the acute
impact area between the launch barge and Municipal Wharf II. The
moorings are usually completely occupied during the annual fireworks
event. Auto traffic and emergency vehicles are audible from Lighthouse
and Del Monte Avenues, main transportation arteries along the adjacent
shoreline. The impact area is heavily utilized by recreational users
and harbor operations. During the period from sunset through the
duration of the fireworks display, 20-30 vessels anchor within the
acute impact area to view the fireworks, with vessels transiting
through the waters south of the launch site to take up position. In
addition, USCG and harbor patrol vessels motor through the impact area
to maintain a safety zone around the launch site.
The Pacific Grove site is typically used for an annual `Feast of
Lanterns' fireworks display in late July. The Feast of Lanterns is a
community event that has been celebrated in the City of Pacific Grove
for over 100 years. The fireworks launch site is at the top of a rocky
coastal bluff adjacent to an urban recreation trail and public road.
The aerial shells are aimed to the northeast. The small aerial display
typically lasts approximately twenty minutes and is accompanied by
music broadcasted from speakers at Lover's Cove. The fireworks are part
of a traditional outdoor play that concludes the festival.
The Pacific Grove launch site is in the center of an urban
shoreline, adjacent to a primary public beach in Pacific Grove. The
shoreline to the east and west of the launch site is lined with
residences and a public road and pedestrian trail. The impact area is
used heavily by boaters and other recreational users. The center of the
impact area is in a cove with 30-40 ft (9-12 m) coastal bluffs.
Immediately north of the launch site is a popular day use beach area.
At peak usage, the beach may support up to 500 visitors at any given
time. Surfing activity is common immediately north of the site. During
the period from sunset through the duration of the fireworks display,
10-20 vessels anchor within the acute impact area to view the
fireworks. A USCG vessel motors through the impact area to maintain a
safety zone seaward of the launch site.
The largest concentration of marine mammals near the Monterey
impact area are California sea lions resting at the Monterey breakwater
approximately 700 yd (640 m) northwest of the center of the impact
area. Harbor seals routinely use offshore rocks and wash rocks for
haul-outs and also forage in the area.
Cambria
The site is typically used annually for a 20-minute, small
Independence Day fireworks display on July 4. The launch
[[Page 29200]]
site is on a sandy beach at Shamel County Park, and the aerial shells
are aimed to the west. Immediately north of the launch site is the
mouth of Santa Rosa Creek and Lagoon. The impact area is immediately
adjacent to a county park and recreational beach. The impact area is
used by boaters, recreational fishermen, swimmers, surfers, and
beachgoers. The shoreline south of the launch site is lined with
hotels, abuts a residential neighborhood, and is part of San Simeon
State Beach.
Low concentrations of harbor seals are typically present in the
impact area. California sea lions are present in the impact area in
moderate numbers. It is possible that individual elephant seals may
enter the area from breeding sites to the north at Point Piedras
Blancas, but breeding occurs in the winter and displays at Cambria are
limited to the summer. Gray whales migrate along the coast in this area
and may pass through the acute impact area, but displays typically
occur outside of peak gray whale migration period.
Description of Marine Mammals in the Area of the Specified Activity
Twenty-six species of marine mammals are known from the Monterey
Bay area. Only six of these species, however, are likely to be present
in the acute impact area (the area where sound, light, and debris
effects may have direct impacts on marine organisms and habitats)
during a fireworks display. These species include the California sea
lion, harbor seal, southern sea otter (Enhydra lutris), bottlenose
dolphin (Tursiops truncatus), harbor porpoise (Phocoena phocoena), and
gray whale. The northern elephant seal is rarely seen in the area.
Though the three aforementioned cetaceans are known to frequent
nearshore areas within the sanctuary, they have never been reported in
the vicinity of a fireworks display, nor have there been any reports to
the MBNMS of stranding events or of injured/dead animals discovered
after any display. Because sound attenuates rapidly across the air-
water interface, these animals would likely not encounter the effects
of fireworks except when surfacing for air. NMFS does not anticipate
any take of cetaceans and they are not addressed further in this
document.
Past sanctuary observations have not detected any disturbance to
sea otters as a result of the fireworks displays; however, past
observations have not included specific surveys for this species. Sea
otters do frequent all general display areas. Sea otters and other
species may temporarily depart the area prior to the beginning of the
fireworks display due to increased human activities. Some sea otters in
Monterey harbor have become well acclimated to very intense human
activity, often continuing to feed undisturbed as boats pass
simultaneously on either side and within 20 ft (6 m) of the otters. It
is therefore possible that select individual otters may have a higher
tolerance level than others to fireworks displays. Otters in residence
within the Monterey harbor display a greater tolerance for intensive
human activity than their counterparts in more remote locations.
However, otters are not under NMFS' jurisdiction. The MBNMS consulted
with the U.S. Fish and Wildlife Service (USFWS) pursuant to section 7
of the Endangered Species Act (ESA) regarding effects on southern sea
otters. The USFWS concluded in a biological opinion that takes of sea
otters are not likely.
The northern elephant seal is seen so infrequently in the areas
with fireworks displays that they are not likely to be impacted by
fireworks displays. Therefore, the only species likely to be harassed
by the fireworks displays are the California sea lion and the harbor
seal. Information relevant to the distribution, abundance and behavior
of the species that are most likely to be impacted by fireworks
displays within the MBNMS is provided below.
California Sea Lion
The population of California sea lions ranges from southern Mexico
to southwestern Canada (Carretta et al. 2007). In the United States,
pupping typically occurs in late May to June. Most individuals of this
species breed during July on the Channel Islands off southern
California (100 mi (161 km) south of the MBNMS) and off Baja and
mainland Mexico (Odell 1981), although a few pups have been born on
A[ntilde]o Nuevo Island (Keith et al. 1984). Following the breeding
season on the Channel Islands, most adult and sub-adult males migrate
northward to central and northern California and to the Pacific
Northwest, while most females and young animals either remain on or
near the breeding grounds throughout the year or move southward or
northward, as far as Monterey Bay.
Since nearing extinction in the early 1900s, the California sea
lion population has increased and is now robust and growing at a
current rate of 5.6 to 6.5 percent per year (based on pup counts) with
an estimated minimum population of 141,842 animals. The total
population level is estimated at 238,000 animals. The population is not
listed as endangered or threatened under the ESA, nor is this a
depleted or strategic stock under the MMPA.
In any season, California sea lions are the most abundant pinniped
in the area (Bonnell et al. 1983), primarily using the central
California area to feed during the non-breeding season. After breeding
farther south along the coast and migrating northward, populations peak
in the Monterey Bay area in fall and winter and are at their lowest
numbers in spring and early summer. A minimum of 12,000 California sea
lions are probably present at any given time in the MBNMS region.
A[ntilde]o Nuevo Island is the largest single haul-out site in the
sanctuary, hosting as many as 9,000 California sea lions at times
(Weise 2000; Lowry 2001).
Pacific Harbor Seals
Harbor seals are distributed throughout the west coast of the
United States, inhabiting near-shore coastal and estuarine areas from
Baja California, Mexico, to the Pribilof Islands in Alaska. They
generally do not migrate, but have been known to travel extensive
distances to find food or suitable breeding areas (Carretta et al.
2006). In California, approximately 400-600 harbor seal haul-out sites
are widely distributed along the mainland and on offshore islands
(Carretta et al. 2006).
The harbor seal population in California is healthy and growing at
a current rate of 3.5 percent per year with an estimated minimum
population of 31,600 animals (Carretta et al. 2006). The total
California population is estimated at 34,233 animals. The population is
not listed as endangered or threatened under the ESA, nor is this a
depleted or a strategic stock under the MMPA.
Harbor seals are residents in the MBNMS throughout the year,
occurring mainly near the coast. They haul out at dozens of sites along
the coast from Point Sur to A[ntilde]o Nuevo. Within MBNMS, tagged
harbor seals have been documented to move substantial distances (10-20
km (3.9-7.8 mi)) to foraging areas each night (Oxman 1995; Trumble
1995). The species does breed in the sanctuary; pupping within the
sanctuary occurs primarily during March and April followed by a molt
during May and June. Peak abundance on land within the sanctuary is
reached in late spring and early summer when they haul out to breed,
give birth to pups, and molt (MBNMS FEIS 1992).
[[Page 29201]]
Potential Effects of the Specified Activity on Marine Mammals
Physiological Effects
Temporary (auditory) threshold shift (TTS) is the mildest form of
hearing impairment that can occur during exposure to a strong sound
(Kryter 1985). When an animal experiences TTS, its hearing threshold
rises and a sound must be stronger in order to be heard. TTS can last
from minutes or hours to (in cases of strong TTS) days. Richardson et
al. (1995) noted that the magnitude of TTS depends on the level and
duration of noise exposure, among other considerations. For sound
exposures at or somewhat above the TTS threshold, hearing sensitivity
recovers rapidly after exposure to the noise ends.
Permanent (auditory) threshold shift (PTS) occurs when there is
physical damage to the sound receptors in the ear. In some cases there
can be total or partial deafness, while in other cases the animal has
an impaired ability to hear sounds in specific frequency ranges.
Although there is no specific evidence that exposure to fireworks can
cause PTS in any marine mammals, physical damage to a mammal's ears can
potentially occur if it is exposed to sound impulses that have very
high peak pressures, especially if they have very short rise times
(time required for sound pulse to reach peak pressure from the baseline
pressure). Such damage can result in a permanent decrease in functional
sensitivity of the hearing system at some or all frequencies.
Temporary or permanent hearing impairment is a possibility when
marine mammals are exposed to very strong sounds, but there has been no
specific documentation of this for marine mammals exposed to fireworks.
Some factors that contribute to onset of PTS are as follows: (1)
Exposure to single very intense noises, (2) repetitive exposure to
intense sounds that individually cause TTS but not PTS, and (3)
recurrent ear infections or (in captive animals) exposure to certain
drugs.
Based on current information, NMFS takes a precautionary approach
in using an exposure threshold of 190 dB re 1 [micro]Pa (rms) for onset
of Level A harassment (injury) for pinnipeds under water (NMFS 2000).
This level would approximately equal an A-weighted airborne sound
intensity level of 128 dB re 20 [micro]Pa. Precise exposure thresholds
for airborne sounds have not been determined; however, monitoring of
marine mammal reactions to rocket launches at Vandenberg Air Force Base
(VAFB) has indicated that behavioral harassment may occur for harbor
seals at received levels of 90 dB re 20 [micro]Pa, while similar
reactions may occur at levels of 100 dB re 20 [micro]Pa for other
pinniped species. In those studies, not all harbor seals left a haul-
out during a launch unless the Sound Exposure Level (SEL) was 100 dB or
above (which, in the case of the VAFB launch locations and durations,
is equivalent to an SPL of 89 to 95 dB), and only short-term effects
were detected.
In order to determine if harbor seals experience any change in
their hearing sensitivity as a result of launch noise, researchers at
VAFB conducted Auditory Brainstem Response (ABR) testing on ten harbor
seals prior to and after the launches of three Titan IV rockets (one of
the loudest launch vehicles used at VAFB). Detailed analysis of the
changes in waveform latency and waveform replication of the ABR
measurements showed that there were no detectable changes in the seals'
hearing sensitivity as a result of the launch noise, an A-weighted SPL
of approximately 111 dB and an A-weighted SEL from 96.6 to 103.6 dB
(SRS Technologies 2001).
In 2001, the MBNMS and USFWS conducted in-depth quantitative
monitoring of the July 4 City of Monterey fireworks display. Monitors
recorded species abundance before, during, and after the event and
measured the decibel level of exploding fireworks. A hand-held decibel
meter was located aboard a vessel adjacent to the Monterey Breakwater,
approximately one-half mile from the fireworks launch site. The highest
sound pressure level (SPL) reading observed on the decibel meter during
the fireworks display was 82 dB. The typical decibel levels for the
display ranged from 70 to 78 dB, and no salute effects were used in the
display. An ambient noise level of 58 dB was recorded at the survey
site 30 minutes following the conclusion of the fireworks. MBNMS
conducted additional in-depth acoustic and behavioral monitoring at the
breakwater, where sea lions typically haul out, during the 2007 City of
Monterey July 4 celebration. This effort is described later in this
document (see ``SUMMARY OF PREVIOUS MONITORING'').
Given the frequency, duration, and intensity of sounds (maximum
measured 82 dB for larger aerial shells) that marine mammals may be
exposed to, it is unlikely that they would sustain temporary, much less
permanent, hearing impairment during fireworks displays.
Behavioral Disturbance
In some display locations, marine mammals may avoid or temporarily
depart the impact area during the hours immediately prior to the
beginning of the fireworks display due to increased human recreational
activities associated with the overall celebration event (e.g., noise,
boating, kayaking, fishing, diving, swimming, surfing, picnicking,
beach combing, tidepooling), and as a fireworks presentation
progresses, most marine mammals generally evacuate the impact area. In
particular, a flotilla of recreational and commercial boats usually
gathers in a semi-circle within the impact area to view the fireworks
display from the water. From sunset until the start of the display,
security vessels of the USCG and/or other government agencies often
patrol throughout the waters of the impact area to keep vessels a safe
distance from the launch site.
Sea lions have been observed evacuating haul-out areas upon initial
detonation of fireworks, and then returning to the haul-out sites
within 4 to 15 hours following the end of the fireworks display. Harbor
seals have been seen to remain in the water after initial fireworks
detonation around the haul-out site. Sea lions in general are more
tolerant of noise and visual disturbances than harbor seals. Adult sea
lions have likely habituated to many sources of disturbance and are
therefore much more tolerant of nearby human activities. For both
pinniped species, pups and juveniles are more likely to be harassed
when exposed to disturbance than older animals.
NMFS and MBNMS found no peer-reviewed literature that specifically
investigates the response of California sea lions and harbor seals to
commercial fireworks displays. However, as described previously,
extensive studies have been conducted at VAFB to determine responses by
pinnipeds to the effects of periodic rocket launches, the light and
sound effects of which would be roughly similar to the effects of
pyrotechnic displays, but of greater intensity. This scientific
research program was conducted to determine the long-term cumulative
impacts of space vehicle launches on the haul-out behavior, population
dynamics and hearing acuity of harbor seals at VAFB. In addition, on
some occasions, the effects of sonic booms on pinniped populations in
the northern Channel Islands have been studied.
The response of harbor seals to rocket launch noise at VAFB
depended on the intensity of the noise (size of the vehicle and its
proximity) and the age of the
[[Page 29202]]
seal (SRS Technologies 2001). The highest noise levels are typically
from launch vehicles with launch pads closest to the haul-out sites.
The percentage of seals leaving the haul-out increases with noise
levels up to approximately 100 dB A-weighted SEL, after which almost
all seals leave, although recent data has shown that an increasing
percentage of seals have remained on shore, and those that remain are
adults. Given the high degree of site fidelity among harbor seals, it
is likely that those seals that remained on the haul-out site during
rocket launches had previously been exposed to launches; that is, it is
possible that adult seals have become acclimated to the launch noise
and react differently than the younger inexperienced seals. Of the 20
seals tagged at VAFB, eight (forty percent) were exposed to at least
one launch disturbance but continued to return to the same haul-out
site. Three of those seals were exposed to two or more launch
disturbances. Most of the seals exposed to launch noise appeared to
remain in the water adjacent to the haul-out site and then returned to
shore within 2 to 22 minutes after the launch disturbance. Of the two
remaining seals that left the haul-out after the launch disturbance,
both had been on shore for at least 6 hours and returned to the haul-
out site on the following day (SRS Technologies 2001).
The launches at VAFB do not appear to have had long-term effects on
the harbor seal population in this area. The total population of harbor
seals at VAFB is estimated to be 1,040 animals and has been increasing
at an annual rate of 12.6 percent. Since 1997, there have been five to
seven space vehicle launches per year and there appears to be only
short-term disturbance effects to harbor seals as a result of launch
noise (SRS Technologies 2001). Harbor seals will temporarily leave
their haul-out when exposed to launch noise; however, they generally
return to the haul-out within one hour.
On San Miguel Island, when California sea lions and elephant seals
were exposed to sonic booms from vehicles launched at VAFB, sea lion
pups were observed to enter the water, but usually remained playing in
the water for a considerable period of time. Some adults approached the
water, while elephant seals showed little to no reaction. This short-
term disturbance to sea lion pups does not appear to carry the
possibility of any long-term effects to the population. The conclusions
of the 5-year VAFB study are almost identical to the MBNMS observations
of pinniped response to commercial fireworks displays. Observed impacts
have been limited to short-term disturbance only.
Effects of Sound and Light
The primary causes of disturbance are sound effects and light
flashes from exploding fireworks. Pyrotechnic devices that operate at
higher altitudes (e.g., aerial shells) are more likely to have a larger
acute impact area, while ground and low-level devices have more
confined effects. Acute impact area is defined as the area where sound,
light, and debris effects may have direct impacts on marine organisms
and habitats. Direct impacts include, but are not limited to, immediate
physical and physiological impacts such as abrupt changes in behavior,
flight response, diving, evading, flushing, cessation of feeding, and
physical impairment or mortality.
The largest commercial aerial shells used within the Sanctuary are
10-12 in (25-30 cm) in diameter and reach a maximum altitude of 1,000
ft (305 m) AGL. The bursting radius of the largest shells is
approximately 850 ft (259 m). The acute impact area can extend from 1-2
mi (1.6-3.2 km) from the center of the detonation point, depending on
the size of the shell, height and type of the explosions, wind
direction, atmospheric conditions, and local topography.
Aerial shells produce flashes of light that can be brilliant
(exceeding 30,000 candela) and can occur in rapid succession. Loud
explosive and crackling sound effects stem primarily from salutes and
bursting charges at altitude. Humans and wildlife on the ground and on
the surface of the water may feel the sound waves and the accompanying
rapid shift of ambient atmospheric pressure. Sound propagates further
from high altitude shells than low altitude shells, thus ensonifying
more surface area on the ground and water, as they are not blocked
significantly by buildings and landforms. The sound from the lifting
charge detonation is vectored upward through the mortar tube opening
and reports as a dull thump to bystanders on the ground, far less
conspicuous than the high-level aerial bursts. The intensity of an
aerial show can be amplified by increasing the number of shells used,
the pace of the barrage, and the length of the display.
Low-level devices reach a maximum altitude of 200 ft (61 m) AGL.
The acute impact area can extend to 1 mi (1.6 km) from the center of
the ignition point depending on the size and flight patterns of
projectiles, maximum altitude of projectiles, the type of special
effects, wind direction, atmospheric conditions, and local structures
and topography. Low-level devices also produce brilliant flashes and
fountains of light and sparks accompanied by small explosions, popping,
and crackling sounds. Since they are lower in altitude than aerial
shells, sound and light effects impact a smaller area. Low-level
devices do not typically employ large black powder charges as do aerial
shells, but are often used in large numbers in concert with one another
and in rapid succession, producing intense localized effects.
Set pieces are stationary, do not launch any encased effects into
the air, and produce effects between 0 and 50 ft (15 m) AGL. Small
pellets of a pyrotechnic composition, such as those from sparklers or
roman candles, may be expelled a short distance into the air. Loud, but
not explosive, noises (e.g., crackling, popping, whistling) may emanate
from a set piece, though they are usually used in concert with low-
level effects and aerial displays. Depending on the size and height of
the structure, the number and type of effects, wind direction, and
local topography, the acute impact area can extend up to 0.5 mile (0.8
km) from the center of the ignition point, though fallout is generally
confined within a 300 ft (91 m) radius. Residue may include smoke,
airborne particulates, fine solids, and slag.
The primary impact noted in past observations is disturbance of
marine mammals from the light and sound effects of the exploding aerial
shells. The loud sound bursts and pressure waves created by the
exploding shells appear to cause more wildlife disturbance than the
illumination effects. In particular, the percussive aerial salute
shells have been observed to elicit a strong flight response in
California sea lions in the vicinity of the impact area (within 0.45 mi
(0.72 km) of the launch site).
Increased Boat Traffic
Increased boat traffic is often an indirect effect of fireworks
displays as boaters move in to observe the event. The more boats there
are in the area, the larger the chance that a boat could potentially
collide with a marine mammal or other marine wildlife. The number of
boats present at any one event is largely dependent upon weather, sea
state, distance of the display from safe harbors, and season. At the
MBNMS, some events have virtually no boat traffic, while there may more
typically be anywhere from 20 to 70 boats present, ranging in size from
10 to 65 ft (3 to 20 m) in length.
Prior to and during fireworks displays at the MBNMS, boats
typically enter the
[[Page 29203]]
observation area at slow speed (less than 8 kts (15 km/hr)) due to the
presence of other vessels and limited visibility (i.e., most fireworks
displays occur at night). The USCG and/or other Federal agency vessels
are on site to enforce safe boating laws and keep vessels out of the
debris fallout area during the display. Most boaters anchor prior to
the display, while others drift with engines in neutral for convenient
repositioning.
MBNMS staff have observed boat traffic during several fireworks
displays and generally found that boaters are using good boating and
safety practices. They have also never witnessed the harassment,
injury, or death of marine mammals or other wildlife as a result of
vessels making way at these events. In general, as human activity
increases and concentrates in the viewing areas leading up to the
display, wildlife avoid or gradually evacuate the area. As noted
before, the fireworks venues are marine areas with some of the highest
ambient levels of human activity in the MBNMS. Many resident animals
are accustomed to stimuli (e.g., emergency sirens, vehicle and crowd
noise, marine and beach recreation). Due to the gradual nature of the
increase in boat traffic, its infrequent occurrence and short duration,
and the slow speed of the boats, NMFS does not believe the increased
boat traffic is likely to significantly impact marine mammals.
Anticipated Effects on Habitat
Debris--The fallout area for the aerial debris is determined by
local wind conditions. In coastal regions with prevailing winds, the
fallout area can often be projected in advance. This information is
calculated by pyrotechnicians and fire department personnel in
selection of the launch site to abate fire and public safety hazards.
Mortar tubes are often angled to direct shells over a prescribed
fallout area, away from spectators and property. Generally, the bulk of
the debris will fall to the surface within a 0.5-mi (0.8-km) radius of
the launch site. In addition, the tops of the mortars and other devices
are usually covered with aluminum foil to prevent premature ignition
from sparks during the display and to protect them from moisture. The
shells and stars easily punch through the aluminum foil when ignited,
scattering pieces of aluminum in the vicinity of the launch site.
Through various means, the aluminum debris and garbage generated during
preparation of the display may be swept into ocean waters.
Some low-level devices may project small casings into the air (such
as small cardboard tubes used to house flaming whistle and firecracker
type devices). These casings will generally fall to earth within a 200-
yd (183-m) radius of the launch site, because they do not attain
altitudes sufficient for significant lateral transport by winds. The
acute impact area for set piece devices is typically within 300 ft (91
m), but can extend to a 0.5 mi (0.8 km) radius from the center of the
ignition point depending on the size and height of the fixed structure,
the number and type of special effects, wind direction, atmospheric
conditions, and local structures and topography. Like aerial shells,
low-level pyrotechnics and mortars are often covered with aluminum foil
to protect them from weather and errant sparks, pieces of which are
shredded during the course of the show and initially deposited near the
launch site.
The explosion in a firework separates the cardboard and paper
casing and compartments, scattering some of the shell's structural
pieces clear of the blast while burning others. Some pieces are
immediately incinerated, while others burn totally or partially on
their way to the ground. Many shell casings part into two halves or
into quarters when the burst charge detonates and are projected clear
of the explosion. However, during the course of a display, some devices
will fail to detonate after launch (duds) and fall back to earth/sea as
an intact sphere or cylinder. Aside from post display surveys and
recovery, there is no way to account for these misfires. The
freefalling projectile could pose a physical risk to any wildlife
within the fallout area, but the general avoidance of the area by
wildlife during the display and the low odds for such a strike likely
present a negligible potential for harm. Whether such duds pose a
threat to wildlife once adrift is unknown. After soaking in the sea for
a period of time, the likelihood of detonation rapidly declines, and it
is unlikely that any animal would attempt to consume such a device. At
times, some shells explode in the mortar tube (referred to as a flower
pot) or far below their designed detonation altitude. It is highly
unlikely that mobile organisms would remain close enough to the launch
site during a fireworks display to be within the effective danger zone
for such an explosion.
The MBNMS has conducted surveys of solid debris on surface waters,
beaches, and subtidal habitat and has discovered no visual evidence of
acute or chronic impacts to the environment or wildlife. Aerial
displays generally produce a larger volume of solid debris than low-
level displays. The MBNMS fireworks permits require the permittee to
clean area beaches of fireworks debris for up to 2 days following the
display. In some cases, debris has been found in considerable quantity
on beaches the morning following the display.
The MBNMS staff have recovered many substantial uncharred casing
remnants on ocean waters immediately after marine displays. Other items
found in the acute impact area are cardboard cylinders, disks, and
shell case fragments; paper strips and wadding; plastic wadding, disks,
and tubes; aluminum foil; cotton string; and even whole unexploded
shells (duds or misfires). In other cases, virtually no fireworks
debris was detected. This variance is likely due to several factors,
such as type of display, tide state, sea state, and currents. In either
case, due to the requirement for the permittee to clean up following
the displays, NMFS does not believe the small amount of remaining
debris is likely to significantly impact the environment, including
marine mammals or their habitat.
Chemical Residue--Possible indirect impacts to marine mammals and
other marine organisms include those resulting from chemical residue or
physical debris emitted into the water. When an aerial shell detonates,
its chemical components burn at high temperatures and are efficiently
incinerated. Pyrotechnic vendors have stated that the chemical
components are incinerated upon successful detonation of the shell.
However, by design, the chemical components within a shell are
scattered by the burst charge, separating them from the casing and
internal shell compartments.
Chemical residue is produced in the form of smoke, airborne
particulates, fine solids, and slag (spent chemical waste material that
drips from the deployment canister/launcher and cools to a solid form).
The fallout area for chemical residue is unknown, but is probably
similar to that for solid debris. Similar to aerial shells, the
chemical components of low-level devices produce chemical residue that
can migrate to ocean waters as a result of fallout. The point of entry
would likely be within a small radius (about 300 ft (91 m)) of the
launch site.
The MBNMS has found only one scientific study directed specifically
at the potential impacts of chemical residue from fireworks upon the
environment. That study (DeBusk et al. 1992) indicates that chemical
residues (fireworks decomposition products) do result from fireworks
displays and can be measured under certain circumstances. The report,
prepared for the Walt Disney Corporation, presented the results of a
10-year study of the
[[Page 29204]]
impacts of fireworks decomposition products upon an aquatic
environment. Researchers studied a small lake in Florida subjected to
2,000 fireworks displays over a 10-year period to measure key chemical
levels in the lake. The report concluded that detectable amounts of
barium, strontium, and antimony had increased in the lake but not to
levels considered harmful to aquatic biota. The report further
suggested that ``environmental impacts from fireworks decomposition
products typically will be negligible in locations that conduct
fireworks displays infrequently'' and that ``the infrequence of
fireworks displays at most locations, coupled with a wide dispersion of
constituents, make detection of fireworks decomposition products
difficult.'' A report author hypothesized, via personal communication
with MBNMS staff, that had the same study been conducted in California,
the elevated metal concentrations in the lake would not have been
detectable against natural background concentrations of those same
metals, due to naturally higher metal concentrations in the western
United States. Based on the findings of this report and the lack of any
evidence that fireworks displays within the Sanctuary have degraded
water quality, it is likely that chemical residue from fireworks does
not pose a significant risk to the marine environment. No negative
impacts to water quality have been detected.
Summary of Previous Monitoring
Past monitoring by the MBNMS has identified at most only a short-
term behavioral disturbance of animals by fireworks displays, with the
primary causes of disturbance being sound effects and light flashes
from exploding fireworks. Additionally, the VAFB study of the effects
of rocket-launch noise, which is more intense than fireworks noise, on
California sea lions and harbor seals indicated only short-term
behavioral impacts. With the mitigation measures proposed below, any
takes will be limited to the temporary incidental harassment of
California sea lions and harbor seals due to evacuation of usual and
accustomed haul-out sites for as little as fifteen minutes and as much
as 15 hours following any fireworks event. Most animals depart affected
haul-out areas at the beginning of the display and return to previous
levels of abundance within 4 to 15 hours following the event. This
information is based on observations made by Sanctuary staff over an 8-
year period (1993-2001), quantitative surveys conducted in 2001 and
2007, and pre- and post-event monitoring conducted under MMPA
authorizations from 2005-2010. Empirical observations have focused on
impacts to water quality and selected marine mammals in the vicinity of
the displays.
Sea lions in general are more tolerant to noise and visual
disturbances than harbor seals. In addition, pups and juveniles are
more likely to be harassed when exposed to disturbance than the older
animals. Adult sea lions have likely habituated to many sources of
disturbance and are therefore much more tolerant of human activities
nearby. Of all the display sites in the sanctuary, California sea lions
are only present in significant concentrations at Monterey. The
following is an excerpt from a 1998 MBNMS staff report on the reaction
of sea lions to a large aerial fireworks display in Monterey:
``In the first seconds of the display, the sea lion colony
becomes very quiet, vocalizations cease, and younger sea lions and
all marine birds evacuate the breakwater. The departing sea lions
swim quickly toward the open sea. Most of the colony remains intact
until the older bulls evacuate, usually after a salvo of overhead
bursts in short succession. Once the bulls depart, the entire colony
follows suit, swimming rapidly in large groups toward the open sea.
A select few of the largest bulls may sometimes remain on the
breakwater. Sea lions have been observed attempting to haul out onto
the breakwater during the fireworks display, but most are frightened
away by the continuing aerial bursts.
Sea lions begin returning to the breakwater within thirty
minutes following the conclusion of the display but have been
observed to remain quiet for some time. The colony usually
reestablishes itself on the breakwater within 2-3 hours following
the conclusion of the display, during which vocalization activity
returns. Typically, the older bulls are the first to renew
vocalization behavior (within the first hour), followed by the
younger animals. By the next morning, the entire colony seems to be
intact and functioning with no visible sign of abnormal behavior.''
In the 2001 Monterey survey (discussed previously in this
document), most animals were observed to evacuate haul-out areas upon
the initial report from detonated fireworks. Surveys continued for 4.5
hours after the initial disturbance and numbers of returning California
sea lions remained at less than one percent of pre-fireworks numbers.
When surveys resumed the next morning (thirteen hours after the initial
disturbance), sea lion numbers on the breakwater equaled or exceeded
pre-fireworks levels. Nearly two decades of observing sea lions at the
City of Monterey's Fourth of July celebration gives the following
general observations: (1) Sea lions begin leaving the breakwater as
soon as the fireworks begin; (2) clear completely off after an aerial
salute or quick succession of loud effects; (3) usually begin returning
within a few hours of the end of the display; and (4) are present on
the breakwater at pre-firework numbers by the following morning.
Up to fifteen harbor seals may typically be present on rocks in the
outer Monterey harbor in early July. The seal haul-out area is
approximately 2,100 ft (640 m) from the impact zone for the aerial
pyrotechnic display. Only two harbor seals were observed on and near
the rocks adjacent to Fisherman's Wharf prior to the 2001 display.
Neither were observed to haul out after the initial fireworks
detonation, but remained in the water around the haul-out. The haul-out
site was only surveyed until the conclusion of the fireworks display;
therefore, no animal return data is available from the 2001 study.
However, the behavior of the seals after the initial disturbance and
during the fireworks display is similar to the response behavior of
seals during the VAFB rocket launches, where they loitered in the water
adjacent to their haul-out site during the launch and returned to shore
within 2 to 22 minutes after the launch disturbance.
A private environmental consultant monitored the Aptos fireworks
display each October from 2001 through 2005 (per California Coastal
Commission permit conditions) and concluded that harbor seal activity
returned to normal at the site by the day following the display.
Surveys have detected no evidence of injury or mortality in harbor
seals as a result of the annual thirty-minute fireworks display at the
site.
Since harbor seals have a smaller profile than sea lions and are
less vocal, their movements and behavior are often more difficult to
observe at night. In general, harbor seals are more timid and easily
disturbed than California sea lions. Thus, based on past observations
of sea lion disturbance thresholds and behavior, it is very likely that
harbor seals evacuate exposed haul-outs in the acute impact area during
fireworks displays, though they may loiter in adjacent surface waters
until the fireworks have concluded.
In 2007, MBNMS conducted acoustic monitoring in conjunction with
in-depth behavioral monitoring for the City of Monterey Independence
Day fireworks display. MBNMS was required to: (1) Conduct counts of
marine mammals present within the fireworks impact area immediately
before and one day after the event; (2) conduct behavioral observations
of marine mammals present during the display; and (3) conduct NMFS-
[[Page 29205]]
approved acoustic monitoring of sound levels for the duration of the
event. The full report (Marine Mammal Acoustic and Behavioral
Monitoring for the Monterey Bay National Marine Sanctuary Fireworks
Display 4 July 2007) is available at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Two separate systems for monitoring sound levels--with one
customized for recording low frequency sounds associated with impulsive
noise, such as explosions--were placed at the east end of the USCG
pier, approximately 800 m from the fireworks launch site. Acoustic
monitoring began approximately 3 hours prior to the beginning of the
fireworks display. During those three hours, the average one-hour sound
level (Leq 1 hour) was approximately 59 dB, and included sea
lion vocalizations, private fireworks in the local area, and
recreational boat traffic.
The fireworks display began with two sets of fireworks detonations
and ended with a grand finale of multiple explosions after 20 minutes.
The average sound level measured during the hour containing the
fireworks display was 72.9 dB, approximately 14 dB greater than ambient
levels recorded before the display. The loudest sound recorded during
the event was associated with a detonation of a 10-in shell, and was
measured at 133.9 dB re: 20 [mu]Pa (peak). The detonation of the 10-in
shell had an unweighted SEL of 105 dB re: 20 [mu]Pa\2\-s. The second
loudest sound recorded was associated with detonation of an 8-in shell,
measured at 127 dB re: 20 [micro]Pa (peak) with an unweighted SEL of
90.1 dB re: 20 [mu]Pa\2\-s. Overall, sound generated during the display
was low- to mid-frequency and ranged from 97 to 107 dB re: 20 [mu]Pa,
while the majority of the fireworks detonations ranged from 112 to 124
dB re: 20 [mu]Pa.
A marine mammal observer conducted observations aboard a MBNMS
vessel in the vicinity of the southern side of the jetty and the
western end of Monterey Harbor. The observer used binoculars during the
daytime and night vision goggles after dark, and counted species
present, including location, age, class, and gender of the species.
Visual monitoring was conducted from approximately 5 hours prior to the
display until approximately two hours after the conclusion of the
fireworks display. The weather and harbor state provided optimal
conditions for observations.
Pre-event behavioral monitoring showed a total of 258 sea lions
located on the north and south sides of the jetty and underneath the
USCG pier from. Most were yearlings or juveniles, though two subadult
males were also observed and appeared to be practicing holding
territory in the water. With the exception of the subadult males, the
observer was unable to determine gender. The number of sea lions hauled
out was relatively constant until approximately one-half hour prior to
the beginning of the display, when several recreational vessels passed
nearby and shot off their own fireworks and firecrackers, causing
approximately one-third of the sea lions to enter the water. During
pre-event monitoring, eight harbor seals were hauled out on exposed
rocks just offshore of the western end of the harbor. Because it was
high tide (0.8 m), there were few places for harbor seals to haul out.
Approximately one-half hour prior to the display, the observer recorded
four harbor seals hauled out and two harbor seals in the water.
By the time the fireworks display commenced, the majority of sea
lions had already fled the haul-out areas due to recreational vessels
in the area and individuals shooting private fireworks in the area. Six
sea lions remaining under the USCG pier entered the water during the
display. This last flush is likely correlated with detonation of the 8-
in shell described previously. Despite the detonations, the observer
noted that the sea lions entered the water at a relatively slow rate,
and without apparent injury. There were eighteen different instances of
sea lion vocalizations recorded throughout the fireworks display,
indicating that, although sea lions flushed into the water, at least
some individuals remained in the harbor during the fireworks display.
The observer reported that all of the remaining harbor seals at the
western end of the harbor had flushed at the beginning of the fireworks
display after hearing the first set of detonations.
The first sea lion (a subadult male) returned to the jetty
approximately 20 minutes after the conclusion of the fireworks, and was
apparently practicing holding a territory at the end of the jetty.
Three additional sea lions returned after approximately one hour. No
harbor seals were observed during post-event monitoring. A census was
conducted the morning following the display, and revealed approximately
291 California sea lions and 31 harbor seals at their respective haul-
out sites. No injured or dead animals were observed. These data
indicate that California sea lions and harbor seals were only
temporarily displaced from haul-out sites during the fireworks display.
This monitoring event indicates that a majority of individuals will
flush prior to the beginning of a fireworks display, due to the
presence and associated noise of recreational boaters and private, un-
permitted fireworks, and that any remaining individuals will likely
flee the haul-out at the start of the display. In conclusion, fireworks
displays likely result in temporary displacement from haul-outs,
constituting a short-term disruption in behavior, and pinnipeds are
likely to resume normal behavior and full utilization of haul-outs
within twelve hours.
From 2006-2010, under the auspices of the regulations currently in
effect (71 FR 40928; July 19, 2006), twenty fireworks events were
permitted in the MBNMS. For each display, observers conducted a pre-
event census to document abundance of marine mammals and post-event
surveys to record any injured or dead wildlife species. Pre-event
censuses were assumed to be a reasonable proxy for the number of
incidental takes, as all animals present within the vicinity of the
display area would be expected to temporarily abandon haul-outs prior
to or during fireworks displays. Table 1 summarizes these monitoring
efforts. In all cases, no marine mammals other than those authorized
for taking were observed, and post-event monitoring revealed no injured
or dead marine mammals.
Table 1--Incidental Take of Marine Mammals During MBNMS-Permitted Fireworks Displays, 2006-2010
----------------------------------------------------------------------------------------------------------------
California sea
Event Location Date lions Harbor seals
----------------------------------------------------------------------------------------------------------------
Independence Day................................ Cambria 7/4/2006 0 0
Independence Day................................ Monterey 7/4/2006 61 9
Feast of Lanterns............................... Pacific Grove 7/30/2006 0 0
Monte Foundation................................ Aptos 10/14/2006 0 4
Independence Day................................ Cambria 7/4/2007 0 0
[[Page 29206]]
Independence Day................................ Monterey 7/4/2007 258 8
Independence Day................................ Half Moon Bay 7/4/2007 0 1
Feast of Lanterns............................... Pacific Grove 7/28/2007 0 8
Monte Foundation................................ Aptos 10/13/2007 0 4
Independence Day................................ Cambria 7/4/2008 0 0
Independence Day................................ Monterey 7/4/2008 394 10
Independence Day................................ Half Moon Bay 7/4/2008 0 2
Feast of Lanterns............................... Pacific Grove 7/26/2008 0 0
Monte Foundation................................ Aptos 10/11/2008 24 2
Independence Day................................ Cambria 7/4/2009 0 0
Independence Day................................ Half Moon Bay 7/4/2009 45 5
Feast of Lanterns............................... Pacific Grove 7/25/2009 4 7
Monte Foundation................................ Aptos 10/3/2009 35 11
Independence Day................................ Cambria 7/4/2010 0 0
Monte Foundation................................ Aptos 10/8/2010 0 18
Total....................................... .............. .............. 821 89
----------------------------------------------------------------------------------------------------------------
Because of mitigation measures proposed NMFS preliminarily finds
that only Level B harassment may occur incidental to authorized coastal
fireworks displays and that these events will result in no more than a
negligible impact on marine mammal species or their habitats. NMFS also
preliminarily finds that no impact on the availability of the species
or stocks for subsistence uses will occur because there is no
subsistence harvest of marine mammals in California.
Proposed Mitigation
In order to issue an incidental take authorization under section
101 (a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable impact on such species or stock and its habitat,
paying particular attention to rookeries, mating grounds, and areas of
similar significance, and on the availability of such species or stock
for taking for certain subsistence uses (where relevant). The MBNMS and
NMFS worked to craft a set of mitigation measures designed to minimize
fireworks impacts on the marine environment, as well as to outline the
locations, frequency, and conditions under which the MBNMS will
authorize marine fireworks displays. These mitigation measures, which
were successfully implemented under NMFS-issued ITAs from 2005-2010,
include four broad approaches for managing fireworks displays:
Establish a sanctuary-wide seasonal prohibition to
safeguard pinniped reproductive periods. Fireworks events will not be
authorized between March 1 and June 30 of any year, since this period
is the primary reproductive season for pinnipeds.
Establish four conditional display areas and prohibit
displays along the remaining 95 percent of sanctuary coastal areas.
Traditional display areas are located adjacent to urban centers where
wildlife has often become habituated to frequent human disturbances.
Remote areas and areas where professional fireworks have not
traditionally been conducted will not be considered for fireworks
approval. Permitted fireworks displays will be confined to four
prescribed areas of the sanctuary while prohibiting displays along the
remaining 95 percent of sanctuary coastal areas. The conditional
display areas (described previously in this document) are located at
Half Moon Bay, the Santa Cruz/Soquel area, the northeastern Monterey
Peninsula, and Cambria (Santa Rosa Creek).
Create a per-annum limit on the number of displays allowed
in each display area. If properly managed, a limited number of
fireworks displays conducted in areas already heavily impacted by human
activity can occur with sufficient safeguards to prevent any long-term
or chronic impacts upon local natural resources. There is a per-annum
limit of 20 displays along the entire sanctuary coastline in order to
prevent cumulative negative environmental effects from fireworks
proliferation. Additionally, displays will be authorized at a frequency
equal to or less than one every two months in each area.
Retain permitting requirements and general and special
restrictions for each event. Fireworks displays will not exceed thirty
minutes with the exception of two longer displays per year that will
not exceed one hour. Standard requirements include the use of a ramp-up
period, wherein salutes are not allowed in the first five minutes of
the display; the removal of plastic and aluminum labels and wrappings;
and post-show reporting and cleanup. The sanctuary will continue to
assess displays and restrict the number of aerial salute effects on a
case-by-case basis, and will implement general and special restrictions
unique to each fireworks event as necessary.
These measures are designed to prevent an incremental proliferation
of fireworks displays and disturbance throughout the sanctuary and
minimize area of impact by confining displays to primary traditional
use areas. They also effectively remove fireworks impacts from 95
percent of the sanctuary's coastal areas, place an annual quota and
multiple permit conditions on the displays authorized within the
remaining five percent of the coast, and impose a sanctuary-wide
seasonal prohibition on all fireworks displays. These measures were
developed in order to assure that protected species and habitats are
not jeopardized by fireworks activities. They have been well received
by local fireworks sponsors who have pledged their cooperation in
protecting sanctuary resources.
NMFS has carefully evaluated the applicant's proposed mitigation
measures in the context of ensuring that NMFS prescribes the means of
effecting the least practicable impact on the affected marine mammal
species and stocks and their habitat. Our evaluation of potential
measures included consideration of the following factors in relation to
one another:
The manner in which, and the degree to which, the
successful
[[Page 29207]]
implementation of the measure is expected to minimize adverse impacts
to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Based on our evaluation of the applicant's proposed measures and
their efficacy over the past 6 years of permitting fireworks, NMFS has
preliminarily determined that the proposed mitigation measures provide
the means of effecting the least practicable impact on marine mammal
species or stocks and their habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance.
Proposed Monitoring
In order to issue an ITA for an activity, section 101 (a)(5)(D) of
the MMPA states that NMFS must, where applicable, set forth
``requirements pertaining to the monitoring and reporting of such
taking''. The MMPA implementing regulations at 50 CFR 216.104 (a)(13)
indicate that requests for ITAs must include the suggested means of
accomplishing the necessary monitoring and reporting that will result
in increased knowledge of the species and of the level of taking or
impacts on populations of marine mammals that are expected to be
present in the proposed action area.
The MBNMS has monitored commercial fireworks displays for potential
impacts to marine life and habitats for many years, beginning in 1993.
In July 1993, the MBNMS performed its initial field observations of
professional fireworks at the annual Independence Day fireworks display
conducted by the City of Monterey. Subsequent `documented' field
observations were conducted in Monterey by the MBNMS staff in July
1994, July 1995, July 1998, March 1998, October 2000, July 2001, and
July 2002. MBNMS staff have observed additional displays at Monterey,
Pacific Grove, Capitola, and Santa Cruz, but those observations were
primarily for permit compliance purposes, and written assessments of
environmental impacts were not generated. Documented field observations
were also made at Aptos each October from 2000 to 2005, and have been
made for all permitted fireworks under NMFS-issued authorizations,
beginning in 2005. Though monitoring techniques and intensity have
varied over the years and visual monitoring of wildlife abundance and
behavioral responses to nighttime displays is challenging, observed
impacts have been consistent. Wildlife activity nearest to disturbance
areas returns to normal (pre-display species distribution, abundance,
and activity patterns) within 12-15 hours, and no signs of wildlife
injury or mortality have ever been discovered as a result of managed
fireworks displays.
In order to continue the long-term understanding of the effects of
fireworks displays on pinnipeds, as well as to estimate levels of
incidental take and ensure compliance with MMPA authorizations, MBNMS
will require its applicants to conduct a pre-event census of local
marine mammal populations within the acute fireworks impact area. Each
applicant will also be required to conduct post-event monitoring in the
acute fireworks impact area to record injured or dead marine mammals.
MBNMS must submit a draft annual monitoring report to NMFS within
60 days after the conclusion of the calendar year. MBNMS must submit a
final annual monitoring report to the NMFS within thirty days after
receiving comments from NMFS on the draft report. If no comments are
received from NMFS, the draft report will be considered to be the final
report. In addition, the MBNMS will continue to make its information
available to other marine mammal researchers upon request.
Estimated Take by Incidental Harassment
With respect to the activities described 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].
All anticipated takes would be by Level B harassment, involving
temporary changes in behavior. The proposed mitigation and monitoring
measures are expected to minimize the possibility of injurious or
lethal takes such that take by Level A harassment, serious injury or
mortality is considered remote. However, as noted earlier, there is no
specific information demonstrating that injurious or lethal ``takes''
would occur even in the absence of the planned mitigation and
monitoring measures.
As discussed previously, the two marine mammal species likely to be
taken by Level B harassment incidental to fireworks displays authorized
within the sanctuary are the California sea lion and the harbor seal,
due to the temporary evacuation of usual and accustomed haul-out sites.
Both of these species are protected under the MMPA, and neither is
listed under the ESA. Numbers of animals that may be taken by Level B
harassment are expected to vary due to factors such as tidal state,
seasonality, shifting prey stocks, climatic phenomenon (such as El
Ni[ntilde]o events), and the number, timing, and location of future
displays. The estimated take of sea lions and harbor seals was
determined by using a synthesis of information, including unpublished
data gathered by MBNMS biologists at the specific display sites,
unpublished aerial survey data from Point Piedras Blancas to Bodega
Rock, results of independent surveys conducted in the MBNMS and
personal communication with those researchers, and population estimates
from surveys covering larger geographic areas. Numbers of animals that
may be present were analyzed for four general areas: Half Moon Bay
(HMB), North Monterey Bay (NMB; containing Santa Cruz/Soquel sites),
South Monterey Bay (SMB; containing Monterey Peninsula sites), and
Cambria. Please see Table 2 for more information.
Table 2--Estimated Incidental Take by Display Area
----------------------------------------------------------------------------------------------------------------
Estimated maximum number of
Estimated animals present per event
maximum number (total)
Display location Time of year of events per -------------------------------
year California sea
lions Harbor seals
----------------------------------------------------------------------------------------------------------------
HMB................................... July.................... 4 100 (400) 65 (260)
NMB (Santa Cruz)...................... October................. 3 190 (570) 5 (15)
[[Page 29208]]
NMB (Aptos)........................... October................. 2 5 (10) 50 (100)
NMB (Capitola)........................ May..................... 1 190 50
SMB (Monterey)........................ July.................... 4 800 (3200) 60 (240)
SMB (Monterey)........................ January................. 1 1500 60
SMB (Pacific Grove)................... July.................... 1 150 100
Cambria* (high intensity)............. July.................... 2 50 (100) 60 (120)
Cambria* (low intensity).............. July.................... 2 25 (50) 60 (120)
-------------------------------------------------------------------------
Total............................. ........................ 20 6,170 1,065
----------------------------------------------------------------------------------------------------------------
* Intensity refers to public and private displays. Private displays tend to be of lower intensity, and would
thus likely result in lower numbers of California sea lions disturbed. Harbor seals are more sensitive to
stimuli than California sea lions and numbers disturbed would likely be unchanged.
Stage structure of California sea lions within the sanctuary varies
by location, but generally, the majority are adult and subadult males.
Weise (2000) reported on the stage structure of California sea lions at
two historic fireworks display areas within the MBNMS, noting maximums
of 186 animals at the Santa Cruz wharf and 937 animals on the Monterey
jetty. At all four designated display sites combined, 20 fireworks
events per year could likely disturb a maximum total of 6,170
California sea lions out of a total estimated population of 238,000.
This number is small relative to the population size (2.6 percent).
Nicholson (2000) studied harbor seals on the northeast Monterey
Peninsula (an area with the largest single concentration of animals
within the sanctuary) for 2 years. Using mark recapture methods based
on re-sightings of recognizable individuals, Nicholson (2000) estimated
a population of 520 seals, with an approximate stage structure of 38
percent adult females, 15 percent adult males, 34 percent sub-adults,
and 13 percent yearlings or juveniles. For harbor seals, a maximum of
1,065 animals out of a total estimated population of 34,233 could be
disturbed within the sanctuary as a result of twenty fireworks events
per year at all four designated display sites combined. These numbers
are small relative to the population size (3.1 percent).
With the incorporation of mitigation measures proposed later in
this document, the MBNMS expects that only Level B incidental
harassment may occur associated with the proposed permitted coastal
fireworks displays, and that these events will result in no detectable
impact on marine mammal species or stocks or on their habitats.
Negligible Impact and Small Numbers Analysis and Preliminary
Determination
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.'' In making a negligible impact determination,
NMFS considers a variety of factors, including but not limited to: (1)
The number of anticipated mortalities; (2) the number and nature of
anticipated injuries; (3) the number, nature, intensity, and duration
of Level B harassment; and (4) the context in which the take occurs.
NMFS has preliminarily determined that the fireworks displays, as
described in this document and in MBNMS' application, will result in no
more than Level B harassment of small numbers of California sea lions
and harbor seals. The effects of coastal fireworks displays are
typically limited to short term and localized changes in behavior,
including temporary departures from haul-outs to avoid the sight and
sound of commercial fireworks. Fireworks displays are inherently highly
limited in duration and will not occur on consecutive days at any
fireworks site in the sanctuary. The mitigation measures proposed by
MBNMS--and implemented as a component of NMFS' incidental take
authorizations since 2005--further reduce potential impacts. As
described previously, these measures ensure that permitted fireworks
displays avoid times of importance for breeding, as well as limiting
displays to five percent of sanctuary coastline that is already heavily
used by humans, and generally limiting the overall amount and intensity
of activity. No take by injury and/or death is anticipated, and
harassment takes will be at the lowest level practicable due to
incorporation of the mitigation measures mentioned previously in this
document. Additionally, the MBNMS fireworks displays will not have an
unmitigable adverse impact on the availability of marine mammal stocks
for subsistence use, as there are no subsistence uses for California
sea lions or harbor seals in California waters.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS preliminarily finds that MBNMS' authorization of coastal
fireworks displays will result in the incidental take of small numbers
of marine mammals, by Level B harassment only, and that the total
taking from coastal fireworks displays will have a negligible impact on
the affected species or stocks.
Impact on Availability of Affected Species or Stock for Taking for
Subsistence Uses
There are no relevant subsistence uses of marine mammals implicated
by this action.
Endangered Species Act (ESA)
As mentioned earlier, the Steller sea lion and several species of
ESA-listed cetaceans may be present at MBNMS at different times of the
year and could potentially swim through the fireworks impact area
during a display. In a 2001 consultation with MBNMS, NMFS concluded
that this action is not likely to adversely affect ESA-listed species
under NMFS' jurisdiction. There is no designated critical habitat in
the area. This action will not have effects beyond those analyzed in
that consultation.
[[Page 29209]]
The USFWS is responsible for regulating the take of the southern
sea otter. The MBNMS consulted with the USFWS pursuant to section 7 of
the ESA regarding impacts to that species. The USFWS issued a
biological opinion on June 22, 2005, which concluded that the
authorization of fireworks displays, as proposed, is not likely to
jeopardize the continued existence of endangered and threatened species
within the sanctuary or to destroy or adversely modify any listed
critical habitat. The USFWS further found that MBNMS would be unlikely
to take any southern sea otters, and therefore issued neither an
incidental take statement under the ESA nor an IHA.
National Environmental Policy Act
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), and
NOAA Administrative Order 216-6, NMFS and MBNMS prepared an
Environmental Assessment (EA) on the Issuance of Regulations
Authorizing Incidental Take of Marine Mammals and Issuance of National
Marine Sanctuary Authorizations for Coastal Commercial Fireworks
Displays within the Monterey Bay National Marine Sanctuary, to consider
the direct, indirect and cumulative effects to the human environment
resulting from issuance of sanctuary permits for fireworks displays and
issuance of an IHA to MBNMS. NMFS signed a Finding of No Significant
Impact (FONSI) on June 21, 2006. NMFS has reviewed MBNMS's application
and determined that there are no substantial changes to the proposed
action and that there are no new direct, indirect, or cumulative
effects to the human environment resulting from issuance of an IHA to
MBNMS. Therefore, NMFS has determined that a new or supplemental EA or
Environmental Impact Statement is unnecessary, and reaffirms the
existing FONSI for this action. The existing EA and FONSI for this
action are available for review at http://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
authorize the take of marine mammals incidental to coastal fireworks
displays, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated.
Dated: May 16, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2011-12487 Filed 5-19-11; 8:45 am]
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