Federal Register, Volume 76 Issue 245 (Wednesday, December 21, 2011)

[Federal Register Volume 76, Number 245 (Wednesday, December 21, 2011)]
[Notices]
[Pages 79157-79166]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-32692]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA877

Takes of Marine Mammals Incidental to Specified Activities; St.
George Reef Light Station Restoration and Maintenance at Northwest Seal
Rock, Del Norte County, CA

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

ACTION: Notice; proposed incidental take authorization; request for
comments.

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SUMMARY: NMFS has received an application from the St. George Reef
Lighthouse Preservation Society (SGRLPS), for an Incidental Harassment
Authorization (IHA) to take marine mammals, by harassment incidental to
conducting aircraft operations, lighthouse renovation, and light
maintenance activities on the St. George Reef Light Station on
Northwest Seal Rock (NWSR) in the northeast Pacific Ocean from the
period of February through April, 2012 and during the period of
November through December, 2012. Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is requesting comments on its proposal to
issue an IHA to SGRLPS to incidentally harass, by Level B harassment
only, four species of marine mammals during the specified activity.

DATES: Comments and information must be received no later than January
20, 2012.

ADDRESSES: Comments on the application should be addressed to P.
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 email comments is ITP.Cody@noaa.gov. NMFS is not responsible
for email comments sent to addresses other than the one provided here.
Comments sent via email, 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#applications without change. All Personal Identifying
Information (for example, name, address, etc.) voluntarily submitted by
the commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
An electronic copy of the application containing a list of the
references used in this document may be obtained by writing to the
above address, telephoning the contact listed here (see FOR FURTHER
INFORMATION CONTACT) or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. The following
associated documents are also available at the same internet address:
Environmental Assessment (EA) prepared by NMFS; and the finding of no
significant impact (FONSI). Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.

FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of
Protected Resources, NMFS, (301) 713-2289 or Monica DeAngelis, NMFS
Southwest Regional Office, (562) 980-3232.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) directs
the

[[Page 79158]]

Secretary of Commerce to authorize, upon request, the incidental, but
not intentional, taking by harassment of small numbers of marine
mammals of a species or population stock, by United States citizens who
engage in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and a notice
of a proposed authorization is provided to the public for review.
Authorization for incidental taking of small numbers of marine
mammals shall be granted if NMFS finds that the taking will have a
negligible impact on the species or stock(s), and will not have an
unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant). The authorization must
set forth the permissible methods of taking, other means of effecting
the least practicable adverse impact on the species or stock and its
habitat, and monitoring and reporting of such takings. 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 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 small numbers of marine mammals. Within 45 days of the
close of the public comment period, NMFS must either issue or deny the
authorization.
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

NMFS received a letter on October 7, 2011, from the SGRLPS
requesting the taking by harassment, of small numbers of marine
mammals, incidental to aircraft operations and restoration and
maintenance activities on the St. George Reef Light Station (Station).
NMFS determined that application complete and adequate on October 21,
2011. The SGRLPS aims to: (1) restore and preserve the Station on a
monthly basis (February-April, and November-December, 2012); and (2)
perform periodic, annual maintenance on the Station's optical light
system.
The Station, which is listed in the National Park Service's
National Register of Historic Places, is located on Northwest Seal Rock
(NWSR) offshore of Crescent City, California in the northeast Pacific
Ocean.
The proposed activities would occur in the vicinity of a possible
pinniped haul out site located on NWSR. Acoustic and visual stimuli
generated by: (1) Helicopter landings/takeoffs; (2) noise generated
during restoration activities (e.g., painting, plastering, welding, and
glazing); (3) maintenance activities (e.g., bulb replacement and
automation of the light system); and (4) human presence, may have the
potential to cause any pinnipeds hauled out on NWSR to flush into the
surrounding water or to cause a short-term behavioral disturbance.
These types of disturbances are the principal means of marine mammal
taking associated with these activities and the SGRLPS has requested an
authorization to take 204 California sea lions (Zalophus
californianus); 36 Pacific Harbor seals (Phoca vitulina); 172 Steller
sea lions (Eumetopias jubatus); and six northern fur seals (Callorhinus
ursinus) by Level B harassment.
To date, NMFS has issued two, 1-year IHAs to the SGRLPS for the
conduct of the same activities from 2009 to 2011. This is the SGRLPS'
third request for an IHA; the current IHA will expire on December 31,
2011 (75 FR 10564, February 25, 2011).

Description of the Specified Activity

SGRLPS proposes to conduct the proposed activities (aircraft
operations, lighthouse restoration, and light maintenance activities)
from the period of February through April, 2012 and during the period
of November through December, 2012, at a maximum frequency of one
session per month. The proposed duration for each session would last no
more than three days (e.g., Friday, Saturday, and Sunday).

Aircraft Operations

Because NWSR has no safe landing area for boats, the proposed
restoration activities would require the SGRLPS to transport personnel
and equipment from the California mainland to NWSR by a small
helicopter. Helicopter landings take place on top of the engine room
(caisson) which is approximately 15 m (48 ft) above the surface of the
rocks on NWSR.
SGRLPS proposes to transport no more than 15 work crew members and
equipment to NWSR for each session and estimates that each session
would require no more than 36 helicopter landings/takeoffs per month.
During landing, the helicopter would land on the caisson to allow the
work crew members to disembark and retrieve their equipment located in
a basket attached to the underside of the helicopter. The helicopter
would then return to the mainland to pick up additional personnel and
equipment. Even though SGRLPS would use the helicopter to transport
work crew members and materials on the first and last days of the
three-day activity, the helicopter would likely fly to and from the
Station on all three days of the restoration and maintenance
activities.
Proposed schedule: SGRLPS would conduct a maximum of 16 flights
(eight arrivals and eight departures) for the first day. The first
flight would depart from Crescent City Airport at approximately 9 a.m.
for a 6-minute flight to NWSR. The helicopter would land and takeoff
immediately after offloading personnel and equipment every 20 minutes
(min). The total duration of the first day's aerial operations would
last for approximately 3 hours (hrs) and 26 min and would end at
approximately 12:34 p.m. Crew members would remain overnight at the
Station and would not return to the mainland on the first day.
For the second day, the SGRLPS would conduct a maximum of 10
flights (five arrivals and five departures) to transport additional
materials on and off the islet. The first flight would depart from
Crescent City Airport at 9 a.m. for a 6-minute flight to NWSR. The
total duration of the second day's aerial operations would last up to
three hours.
For the final day of operations, SGRLPS would conduct a maximum of
eight helicopter flights (four arrivals and four departures) to
transport the remaining crew members and equipment/material back to the
Crescent City Airport. The total duration of the third day's helicopter
operations in support of restoration would last up to 2 hrs and 14 min.
As a mean of funding support for the restoration activities, the
SGRLPS will conduct public tours of the Station during the last day of
the proposed restoration and maintenance activities. SGRLPS proposes to
transport visitors to the Station during the Sunday work window period.
Although some of these flights would be conducted solely for the
transportation of tourists, those flights would be conducted at a later
stage when no pinnipeds are expected to be at the Station. The proposed
IHA does not include additional allowance

[[Page 79159]]

for animals that might be affected by additional flights for the
transportation of tourists.

Lighthouse Restoration Activities

Restoration activities would include the removal of peeling paint
and plaster, restoration of interior plaster and paint, refurbishing
structural and decorative metal, reworking original metal support beams
throughout the lantern room and elsewhere, replacing glass as
necessary, and upgrading the present electrical system. The SGRLPS
expects to complete most of the major restoration work within five
years.

Light Maintenance Activities

The SGRLPS will need to conduct maintenance on the Station's beacon
light at least once or up to two times per year within the proposed
work window. Scheduled light maintenance activities would coincide with
lighthouse restoration activities conducted monthly during the period
of February through April, 2012 and during the period of November
through December, 2012. The SGRLPS expects that maintenance activities
would not exceed three hrs per each monthly session.

Emergency Light Maintenance

If the beacon light fails during the period from February 10, 2012,
through April 30, 2012, or during the period of November 1, 2012,
through December 31, 2012, the SGRLPS proposes to send a crew of two to
three people to the Station by helicopter to repair the beacon light.
For each emergency repair event, the SGRLPS proposes to conduct a
maximum of four flights (two arrivals and two departures) to transport
equipment and supplies. The helicopter may remain on site or transit
back to shore and make a second landing to pick up the repair
personnel.
In the case of an emergency repair between May 1, 2012, and October
31, 2012, the SGRLPS would consult with the NMFS Southwest Regional
Office (SWRO) to best determine the timing of the trips to the
lighthouse, on a case-by-case basis, based upon the existing
environmental conditions and the abundance and distribution of any
marine mammals present on NWSR. The SWRO biologists would have real-
time knowledge regarding the animal use and abundance of the NWSR at
the time of the repair request and would make a decision regarding when
the trips to the lighthouse can be made during the emergency repair
time window that would have the least practicable adverse impact to
marine mammals. The SWRO would also ensure that the SGRLPS' request for
incidental take during emergency repairs would not exceed the number of
incidental take authorized in the proposed IHA.
Complete automation of the light generating system and automatic
backup system will minimize maintenance and emergency repair visits to
the island. The light is solar powered using one solar panel; an
installed second panel serves as a backup which is automatically
activated if needed. A second smaller bulb in the lantern is activated
if the primary bulb fails. Use of high quality, durable materials and
thorough weatherproofing is planned to minimize trips for maintenance
and repair in the future. All tools and supplies are stored on the
island so that a minimal number of transport trips for emergency
maintenance will be necessary.

Acoustic Source Specifications

R44 Raven Helicopter

The SGRLPS plans to charter a Raven R44 helicopter, owned and
operated by Air Shasta Rotor and Wing, LLC. The Raven R44, which seats
three passengers and one pilot, is a compact-sized (1134 kilograms
(kg), 2500 pounds (lbs)) helicopter with two-bladed main and tail
rotors. Both sets of rotors are fitted with noise-attenuating blade tip
caps that would decrease flyover noise.

Metrics Used in This Document

This section includes a brief explanation of the sound measurements
frequently used in the discussions of acoustic effects in this
document. Sound pressure is the sound force per unit area, and is
usually measured in micropascals ([mu]Pa), where 1 pascal (Pa) is the
pressure resulting from a force of one newton exerted over an area of
one square meter. Sound pressure level (SPL) is expressed as the ratio
of a measured sound pressure and a reference level. The commonly used
reference pressure is 1 [mu]Pa for under water, and the units for SPLs
are dB re: 1 [mu]Pa. The commonly used reference pressure is 20 [mu]Pa
for in air, and the units for SPLs are dB re: 20 [mu]Pa.

SPL (in decibels (dB)) = 20 log (pressure/reference pressure)

SPL is an instantaneous measurement and can be expressed as the
peak, the peak-peak (p-p), or the root mean square (rms). Root mean
square, which is the square root of the arithmetic average of the
squared instantaneous pressure values, is typically used in discussions
of the effects of sounds on vertebrates and all references to SPL in
this document refer to the root mean square unless otherwise noted. SPL
does not take the duration of a sound into account.

Characteristics of the Aircraft Noise

Noise testing performed on the R44 Raven Helicopter, as required
for Federal Aviation Administration approval, required an overflight at
150 m (492 ft) above ground level, 109 knots and a maximum gross weight
of 1,134 kg (2,500 lbs). The noise levels measured on the ground at
this distance and speed were 81.9 decibels (dB) re: 20 [mu]Pa (A-
weighted) for the model R44 Raven I, or 81.0 dB re: 20 [mu]Pa (A-
weighted) for the model R44 Raven II (NMFS, 2007).
The helicopter would land on the Station's caisson and presumably,
the received sound levels would increase above 81-81.9 dB re: 20 [mu]Pa
(A-weighted) at the landing area.

Characteristics of Restoration and Maintenance Noise

Restoration and maintenance activities would involve the removal of
peeling paint and plaster, restoration of interior plaster and paint,
refurbishing structural and decorative metal, reworking original metal
support beams throughout the lantern room and elsewhere, replacing
glass as necessary, upgrading the present electrical system; and annual
light beacon maintenance. Any noise associated with these activities is
likely to be from light construction (e.g., sanding, hammering, or use
of hand drills). The SGRLPS proposes to confine all restoration
activities to the existing structure which would occur on the upper
levels of the Station. The pinnipeds of NWSR do not have access to this
area.
NMFS expects that acoustic stimuli resulting from the proposed
helicopter operations; noise from maintenance and restoration
activities; and human presence has the potential to harass marine
mammals, incidental to the conduct of the proposed activities. NMFS
expects these disturbances to be temporary and result, at worst, in a
temporary modification in behavior and/or low-level physiological
effects (Level B Harassment) of small numbers of certain species of
marine mammals.

Description of the Specified Geographic Region

The Station is located on a small, rocky islet (41[deg]50'24'' N,
124[deg]22'06'' W) approximately nine kilometers (km) (6.0 miles (mi))
in the northeast Pacific Ocean, offshore of Crescent City, California
(Latitude: 41[deg]46'48'' N; Longitude: 124[deg]14'11'' W). NWSR is
approximately 91.4 m (300 ft) in diameter that peaks at 5.18 m (17 ft)

[[Page 79160]]

above mean sea level. The Station, built in 1892, rises 45.7 m (150 ft)
above the sea, consists of hundreds of granite blocks, is topped with a
cast iron lantern room, and covers much of the surface of the islet.

Description of Marine Mammals in the Area of the Proposed Specified
Activity

The marine mammal species likely to be harassed incidental to
helicopter operations, lighthouse restoration, and lighthouse
maintenance on NWSR are the California sea lion, the Pacific harbor
seal, the eastern (Distinct Population Segment) U.S. stock of Steller
sea lion, and the and the eastern Pacific stock of northern fur seal.
NMFS refers the reader to Caretta et al., (2011) and Allen and Angliss
(2011) for general information of these species. The stock assessment
reports are available at the following URLs: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011_draft.pdf and http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2011_draft.pdf respectively. NMFS presents a summary of
information on these species is presented below this section.

California Sea Lion

California sea lions are not listed as threatened or endangered
under the Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), nor are
they categorized as depleted under the MMPA. The California sea lion,
found from southern Mexico to southwestern Canada, is now considered to
be a full species, separated from Galapagos sea lion (Z. wollebaeki)
and the extinct Japanese sea lion (Z. japonicus) (Brunner 2003, Wolf et
al., 2007, Schramm et al., 2009). Genetic analysis of California sea
lions identified five genetically distinct geographic populations: (1)
Pacific Temperate, (2) Pacific Subtropical, (3) Southern Gulf of
California, (4) Central Gulf of California and (5) Northern Gulf of
California (Schramm et al., 2009). Animals from the temperate
population range north into Canadian waters, and some movement of
animals between U.S. waters and Baja California waters has been
documented though the distance between the major U.S. and Baja
California rookeries.
In 2011, the estimated population of the U.S. stock of California
sea lion ranged from 153,337 to 296,750 animals and the maximum
population growth rate was 9.2 percent when pup counts from El
Ni[ntilde]o years (1983, 1984, 1992, 1993, 1998, and 2003) were removed
(Carretta et al., 2011).
Major rookeries for the California sea lion exist on the Channel
Islands off southern California and on the islands situated along the
east and west coasts of Baja California. The breeding areas of the
California sea lion are on islands located in southern California,
western Baja California, and the Gulf of California. Males are
polygamous, establishing breeding territories that may include up to 14
females. They defend their territories with aggressive physical
displays and vocalization. Sea lions reach sexual maturity at four to
five years old and the breeding season lasts from May to August. Most
pups are born from May through July and weaned at 10 months old.
Crescent Coastal Research (CCR) conducted a three-year (1998-2000)
survey of the wildlife species on NWSR for the SGRLPS. They reported
that counts of California sea lions on NWSR varied greatly (from six to
541) during the observation period from April 1997 through July 2000.
CCR reported that counts for California sea lions during the spring
(April-May), summer (June-August), and fall (September-October),
averaged 60, 154, and 235, respectively (CCR, 2001).
Recent counts by NMFS in July (2000-2004) have been relatively low
as the total number of California sea lions recorded in 2000 and 2003
were 3 and 11, respectively (M. Lowry, NMFS, SWFSC, unpublished data).
Similarly, the SGRLPS reported that California sea lions were not
present on NWSR during the 2010 season; and during the current 2011
season the SGRLPS has preliminarily reported sighting a total of two
California sea lions in the vicinity of NWSR (Terry McNamara, SGRLPS,
pers. comm.).

Pacific Harbor Seal

Pacific harbor seals are not listed as threatened or endangered
under the ESA, nor are they categorized as depleted under the MMPA. The
animals inhabit near-shore coastal and estuarine areas from Baja
California, Mexico, to the Pribilof Islands in Alaska. Pacific harbor
seals are divided into two subspecies: P. v. stejnegeri in the western
North Pacific, near Japan, and P. v. richardsi in the northeast Pacific
Ocean. The latter subspecies, recognized as separate stocks, inhabits
the west coast of the continental United States, including: The outer
coastal waters of Oregon and Washington states; Washington state inland
waters; and Alaska coastal and inland waters. Two of these stocks, the
California stock and Oregon/Washington coast stock, of Pacific harbor
seals are identified off the coast of Oregon and California for
management purposes under the MMPA. However, the stock boundary is
difficult to distinguish because of the continuous distribution of
harbor seals along the west coast and any rigid boundary line is (to a
greater or lesser extent) arbitrary, from a biological perspective
(Carretta et al., 2011). Due to the location of the proposed project
which is situated near the border of Oregon and California, both stocks
could be present within the proposed project area.
In 2011, the estimated population of the California of Pacific
harbor seals ranged from 26,667 to 30,196 animals and the maximum
population growth rate was 3.5 percent (Carretta et al., 2011).
In California, over 500 harbor seal haul out sites are widely
distributed along the mainland and offshore islands, and include rocky
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor
seals mate at sea and females give birth during the spring and summer,
although, the pupping season varies with latitude. Pups are nursed for
an average of 24 days and are ready to swim minutes after being born.
Harbor seal pupping takes place at many locations and rookery size
varies from a few pups to many hundreds of pups. The nearest harbor
seal rookery relative to the proposed project site is at Castle Rock
National Wildlife Refuge, located approximately located 965 m (0.6 mi)
south of Point St. George, and 2.4 km (1.5 mi) north of the Crescent
City Harbor in Del Norte County, California (USFWS, 2007).
CCR noted that harbor seal use of NWSR was minimal, with only one
sighting of a group of six animals, during 20 observation surveys. They
hypothesized that harbor seals may avoid the islet because of its
distance from shore, relatively steep topography, and full exposure to
rough and frequently turbulent sea swells. For the 2010 and 2011
seasons, the SGRLPS has not observed any Pacific harbor seals present
on NWSR during restoration activities.

Northern Fur Seal

Northern fur seals are not listed as threatened or endangered under
the ESA. However, they are categorized as depleted under the MMPA.
Northern fur seals occur from southern California north to the Bering
Sea and west to the Sea of Okhotsk and Honshu Island of Japan. Two
separate stocks of northern fur seals are recognized within U.S.
waters: An Eastern Pacific stock distributed among sites in Alaska,
British Columbia; and a San Miguel Island stock distributed along the
west coast of the continental U.S.
Northern fur seals may temporarily haul out on land at other sites
in Alaska,

[[Page 79161]]

British Columbia, and on islets along the west coast of the continental
United States, but generally this occurs outside of the breeding season
(Fiscus, 1983).
In 2011, the estimated population of the San Miguel Island stock
ranged from 5,395 to 9,968 animals and the maximum population growth
rate was 12 percent (Carretta et al., 2011).
Northern fur seals breed in Alaska and migrate along the west coast
during fall and winter. Due to their pelagic habitat, they are rarely
seen from shore in the continental U.S., but individuals occasionally
come ashore on islands well offshore (i.e., Farallon Islands and
Channel Islands in California). During the breeding season,
approximately 74 percent of the worldwide population is found on the
Pribilof Islands in Alaska, with the remaining animals spread
throughout the North Pacific Ocean (Lander and Kajimura, 1982).
CCR observed one male northern fur seal on NWSR in October, 1998
(CCR, 2001). It is possible that a few animals may use the island more
often that indicated by the CCR surveys, if they were mistaken for
other otariid species (M. DeAngelis, NMFS, pers. comm.). For the 2010
and 2011 seasons, the SGRLPS has not observed any northern fur seals
present on NWSR during restoration activities (Terry McNamara, SGRLPS,
pers. comm.).

Steller Sea Lion

The Steller sea lion eastern stock is listed as threatened under
the ESA and is categorized as depleted under the MMPA. Steller sea
lions range along the North Pacific Rim from northern Japan to
California (Loughlin et al., 1984), with centers of abundance and
distribution in the Gulf of Alaska and Aleutian Islands, respectively.
Two separate stocks of Steller sea lions were recognized within U.S.
waters: An eastern U.S. stock, which includes animals east of Cape
Suckling, Alaska (144[deg] W), and a western U.S. stock, which includes
animals at and west of Cape Suckling (Loughlin, 1997). The species is
not known to migrate, but individuals disperse widely outside of the
breeding season (late May through early July), thus potentially
intermixing with animals from other areas (Sease and York, 2003).
In 2011, the estimated population of the eastern U.S. stock ranged
from 52,847 to 72,223 animals and the maximum population growth rate
was 3.1 percent (Allen and Angliss, 2011).
The eastern U.S. stock of Steller sea lions breeds on rookeries
located in southeast Alaska, British Columbia, Oregon, and California;
there are no rookeries located in Washington state. Counts of pups on
rookeries conducted near the end of the birthing season are nearly
complete counts of pup production.
Despite the wide-ranging movements of juveniles and adult males in
particular, exchange between rookeries by breeding adult females and
males (other than between adjoining rookeries) appears low, although
males have a higher tendency to disperse than females (NMFS 1995,
Trujillo et al., 2004, Hoffman et al., 2006). A northward shift in the
overall breeding distribution has occurred, with a contraction of the
range in southern California and new rookeries established in
southeastern Alaska (Pitcher et al., 2007).
CCR reported that Steller sea lion numbers at NWSR ranged from 20
to 355 animals. Counts of Steller sea lions during the spring (April-
May), summer (June-August), and fall (September-October), averaged 68,
110, and 56, respectively (CCR, 2001). A more recent survey at NWSR
between 2000 and 2004 showed Steller sea lion numbers ranged from 175
to 354 in July (M. Lowry, NMFS/SWFSC, unpubl. data). Winter use of NWSR
by Steller sea lion is presumed to be minimal, due to inundation of the
natural portion of the island by large swells.
For the 2010 the SGRLPS reported that no Steller sea lions were
present in the vicinity of NWSR during restoration activities. During
the current 2011 season the SGRLPS has preliminarily reported sighting
a total of nine California sea lions rafting near NWSR during
restoration activities (Terry McNamara, SGRLPS, pers. comm.).

Other Marine Mammals in the Proposed Action Area

There are several endangered cetaceans that have the potential to
transit in the vicinity of NWSR including the blue (Balaenoptera
musculus), fin (Balaenoptera physalus), humpback (Megaptera
novaeangliae), sei (Balaenoptera borealis), north Pacific right
(Eubalena japonica), sperm (Physeter macrocephalus), and southern
resident killer (Orcinus orca) whales.
California (southern) sea otters (Enhydra lutris nereis), listed as
threatened under the ESA and categorized as depleted under the MMPA,
usually range in coastal waters within two km of shore. Neither CCR nor
the SGRLPS has encountered California sea otters on NWSR during the
course of the four-year wildlife study (CCR, 2001) nor has the SGRLPS
encountered the species during the course of the previous two IHAs. The
U.S. Fish and Wildlife Service (USFWS) manages the sea otter and NMFS
will not consider this species further in this proposed IHA notice.
All of the aforementioned species are found farther offshore than
the proposed action area and are not likely to be affected by the
restoration and maintenance activities. Accordingly, NMFS will not
consider these species in greater detail and the proposed IHA will only
address requested take authorizations for pinnipeds.

Potential Effects on Marine Mammals

Acoustic and visual stimuli generated by: (1) Helicopter landings/
takeoffs; (2) noise generated during restoration activities (e.g.,
painting, plastering, welding, and glazing); and (3) maintenance
activities (e.g., bulb replacement and automation of the light system)
may have the potential to cause Level B harassment of any pinnipeds
hauled out on NWSR. The effects of sounds from helicopter operations
and/or restoration and maintenance activities might include one of the
following: Temporary or permanent hearing impairment or behavioral
disturbance (Southall, et al., 2007).

Hearing Impairment

Marine mammals produce sounds in various important contexts--social
interactions, foraging, navigating, and to responding to predators. The
best available science suggests that pinnipeds have a functional aerial
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and
can produce a diversity of sounds, though generally from 100 Hz to
several tens of kHz (Southall, et al., 2007).
Exposure to high intensity sound for a sufficient duration may
result in auditory effects such as a noise-induced threshold shift--an
increase in the auditory threshold after exposure to noise (Finneran,
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount
of threshold shift include the amplitude, duration, frequency content,
temporal pattern, and energy distribution of noise exposure. The
magnitude of hearing threshold shift normally decreases over time
following cessation of the noise exposure. The amount of threshold
shift just after exposure is called the initial threshold shift. If the
threshold shift eventually returns to zero (i.e., the threshold returns
to the pre-exposure value), it is called temporary threshold shift
(TTS) (Southall et al., 2007).
Pinnipeds have the potential to be disturbed by airborne and
underwater noise generated by the engine of the aircraft (Born, Riget,
Dietz, and Andriashek, 1999; Richardson, Greene,

[[Page 79162]]

Malme, and Thomson, 1995). Data on underwater TTS-onset in pinnipeds
exposed to pulses are limited to a single study which exposed two
California sea lions to single underwater pulses from an arc-gap
transducer and found no measurable TTS following exposures up to 183 dB
re: 1 [micro]Pa (peak-to-peak) (Finneran, Dear, Carder, and Ridgway,
2003).
TTS has been demonstrated and studied in certain captive
odontocetes and pinnipeds exposed to strong sounds (reviewed in
Southall et al., 2007). In 2004, researchers measured auditory fatigue
to airborne sound in harbor seals, California sea lions, and northern
elephant seals (Mirounga angustirostris) after exposure to non-pulse
noise for 25 minutes (Kastak, Southall, Holt, Kastak, and Schusterman,
2004). In the study, the harbor seal experienced approximately 6 dB of
TTS at 99 dB re: 20 [micro]Pa. Onset of TTS was identified in the
California sea lion at 122 dB re: 20 [micro]Pa. The northern elephant
seal experienced TTS-onset at 121 dB re: 20 [micro]Pa (Kastak et al.,
2004).
There is a dearth of information on acoustic effects of helicopter
overflights on pinniped hearing and communication (Richardson et al.,
1995) and to NMFS' knowledge, there has been no specific documentation
of TTS, let alone permanent threshold shift (PTS), in free-ranging
pinnipeds exposed to helicopter operations during realistic field
conditions.
In 2008, NMFS issued an IHA to the U.S. Fish and Wildlife Service
(USFWS) for the take of small numbers of Steller sea lions and Pacific
harbor seals, incidental to rodent eradication activities on an islet
offshore of Rat Island, AK conducted by helicopter. The 15-minute
aerial treatment consisted of the helicopter slowly approaching the
islet at an elevation of over 1,000 feet (304.8 m); gradually
decreasing altitude in slow circles; and applying the rodenticide in a
single pass and returning to Rat Island. The gradual and deliberate
approach to the islet resulted in the sea lions present initially
becoming aware of the helicopter and calmly moving into the water.
Further, the USFWS reported that all responses fell well within the
range of Level B harassment (i.e., alert head raises without moving or
limited, short-term displacement resulting from aircraft noise due to
helicopter overflights).
As a general statement from the available information, pinnipeds
exposed to intense (approximately 110 to 120 dB re: 20 [mu]Pa) non-
pulse sounds often leave haulout areas and seek refuge temporarily
(minutes to a few hours) in the water (Southall et al., 2007). Any
noise attributed to the SGRLPS' proposed helicopter operations on NWSR
would be short-term (approximately 5 min per trip). NMFS would expect
the ambient noise levels to return to a baseline state when helicopter
operations have ceased for the day. Per Richardson et al. (1995),
approaching aircraft generally flush animals into the water and noise
from a helicopter is typically directed down in a ``cone'' underneath
the aircraft. As the helicopter landings take place 15 m (48 ft) above
the surface of the rocks on NWSR, NMFS presumes that the received sound
levels would increase above 81-81.9 dB re: 20 [mu]Pa (A-weighted) at
the landing pad. However, NMFS does not expect that the increased
received levels of sound from the helicopter would cause TTS or PTS
because the pinnipeds would flush before the helicopter approached
NWSR; thus increasing the distance between the pinnipeds and the
received sound levels on NWSR during the proposed action.

Behavioral Disturbance

There is increasing recognition that the effect of human
disturbance on wildlife is highly dependent on the nature of the
disturbance (Burger et al., 1995; Klein et al., 1995; and Kucey, 2005).
Disturbances resulting from human activity can impact short- and long-
term pinniped haul out behavior (Renouf et al., 1981; Schneider and
Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart,
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and
Trites, 2006). The apparent skittishness of both harbor seals and
Steller sea lions raises concerns regarding behavioral and
physiological impacts to individuals and populations experiencing high
levels of human disturbance. It is well known that human activity can
flush harbor seals off haul out sites (Allen et al., 1984; Calambokidis
et al., 1991; Suryan and Harvey, 1999; Mortenson et al., 2000).
The Hawaiian monk seal (Monachus schauinslandi) has been shown to
avoid beaches that have been disturbed often by humans (Kenyon, 1972).
Stevens and Boness (2003) concluded that after the 1997-98 El
Ni[ntilde]o, when populations of the South American fur seal,
Arctocephalus australis, in Peru declined dramatically, seals abandoned
some of their former primary breeding sites, but continued to breed at
adjacent beaches that were more rugged (i.e., less likely to be used by
humans). Abandoned and unused sites were more likely to have human
disturbance than currently used sites. In one case, human disturbance
appeared to cause Steller sea lions to desert a breeding area at
Northeast Point on St. Paul Island, Alaska (Kenyon, 1962).
It is likely that the initial helicopter approach to the Station
would cause a subset, or all of the marine mammals hauled out on NWSR
to depart the rock and flush into the water. The physical presence of
aircraft could also lead to non-auditory effects on marine mammals
involving visual or other cues. Airborne sound from a low-flying
helicopter or airplane may be heard by marine mammals while at the
surface or underwater. In general, helicopters tend to be noisier than
fixed wing aircraft of similar size and underwater sounds from aircraft
are strongest just below the surface and directly under the aircraft.
Noise from aircraft would not be expected to cause direct physical
effects but have the potential to affect behavior. The primary factor
that may influence abrupt movements of animals is engine noise,
specifically changes in engine noise. Responses by mammals could
include hasty dives or turns, change in course, or flushing and
stampeding from a haul out site. There are few well documented studies
of the impacts of aircraft overflight over pinniped haul out sites or
rookeries, and many of those that exist, are specific to military
activities (Efroymson et al., 2001).
Several factors complicate the analysis of long- and short-term
effects for aircraft overflights. Information on behavioral effects of
overflights by military aircraft (or component stressors) on most
wildlife species is sparse. Moreover, models that relate behavioral
changes to abundance or reproduction, and those that relate behavioral
or hearing effects thresholds from one population to another are
generally not available. In addition, the aggregation of sound
frequencies, durations, and the view of the aircraft into a single
exposure metric is not always the best predictor of effects and it may
also be difficult to calculate. Overall, there has been no indication
that single or occasional aircraft flying above pinnipeds in water
cause long term displacement of these animals (Richardson et al.,
1995). The Lowest Observed Adverse Effects Levels (LOAELs) are rather
variable for pinnipeds on land, ranging from just over 150 m (492 ft)
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most
thresholds represent movement away from the overflight. Bowles and
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters
(low and landing) in California sea lions and

[[Page 79163]]

harbor seals observed on San Miguel Island, CA; animals responded to
some degree by moving within the haul out and entering into the water,
stampeding into the water, or clearing the haul out completely. Both
species always responded with the raising of their heads. California
sea lions appeared to react more to the visual cue of the helicopter
than the noise.
If pinnipeds are present on NWSR, it is likely that a helicopter
landing at the Station would cause 100 percent of the pinnipeds on NWSR
to flush; however, when present, they appear to show rapid habituation
to helicopter landing and departure (Crescent Coastal Research, 2001;
Guy Towers, SGRLPS, pers. com.). According to the CCR Report (2001),
while up to 40 percent of the California and Steller sea lions present
on the rock have been observed to enter the water on the first of a
series of helicopter landings, as few as zero percent have flushed on
subsequent landings on the same date.
If pinnipeds are present on NWSR, Level B behavioral harassment of
pinnipeds may occur during helicopter landing and takeoff from NWSR due
to the pinnipeds temporarily moving from the rocks and lower structure
of the Station into the sea due to the noise and appearance of
helicopter during approaches and departures. It is expected that all or
a portion of the marine mammals hauled out on the island will depart
the rock and move into the water upon initial helicopter approaches.
The movement to the water is expected to be gradual due to the required
controlled helicopter approaches (see Proposed Mitigation section), the
small size of the aircraft, the use of noise-attenuating blade tip caps
on the rotors, and behavioral habituation on the part of the animals as
helicopter trips continue throughout the day. During the sessions of
helicopter activity, if present on NWSR, some animals may be
temporarily displaced from the island and either raft in the water or
relocate to other haul-outs.
Sea lions have shown habituation to helicopter flights within a day
at the project site and most animals are expected to return soon after
helicopter activities cease for that day. By clustering helicopter
arrival/departures within a short time period, animals are expected to
show less response to subsequent landings. No impact on the population
size or breeding stock of Steller sea lions, California sea lions,
Pacific harbor seals, or northern fur seals is expected to occur.
Restoration and maintenance activities would involve the removal of
peeling paint and plaster, restoration of interior plaster and paint,
refurbishing structural and decorative metal, reworking original metal
support beams throughout the lantern room and elsewhere, replacing
glass as necessary, upgrading the present electrical system; and annual
light beacon maintenance. Any noise associated with these activities is
likely to be from light construction (e.g., sanding, hammering, or use
of hand drills) and the pinnipeds may be disturbed by human presence.
Animals respond to disturbance from humans in the same way as they
respond to the risk of predation, by avoiding areas of high risk,
either completely or by using them for limited periods (Gill et al.,
1996).

Mortality

Sudden movement of large numbers of animals may cause a stampede.
In order to prevent such stampedes from occurring within the sea lion
colony, certain mitigation requirements and restrictions, such as
controlled helicopter approaches and limited access period during the
pupping season, will be imposed should an IHA be issued. As such, and
because any pinnipeds nearby likely would avoid the approaching
helicopter, the SGRLPS anticipates that there will be no instances of
injury or mortality during the proposed project.

Anticipated Effects on Habitat

The NMFS expects that there will be no long- or short-term physical
impacts to pinniped habitat on NWSR. The SGRLPS proposes to confine all
restoration activities to the existing structure which would occur on
the upper levels of the Station which are not used by marine mammals.
The SGRLPS would remove all waste, discarded materials and equipment
from the island after each visit. The proposed activities will not
result in any permanent impact on habitats used by marine mammals,
including the food sources they use. The main impact associated with
the proposed activity will be temporarily elevated noise levels and the
associated direct effects on marine mammals, previously discussed in
this notice.

Proposed Mitigation

In order to issue an incidental take authorization (ITA) 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 adverse impact on such species or stock
and its habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and the availability of
such species or stock for taking for certain subsistence uses.
As a way to reduce potential Level B behavioral harassment to
marine mammals that would result from the proposed project, NMFS
proposes that the following mitigation measures would be required.
Time and Frequency: Lighthouse restoration activities are to be
conducted at maximum of once per month between February 10, 2012,
through April 30, 2012, or between November 1, 2012, through December
31, 2012. Each restoration session will last no more than three days.
Maintenance of the light beacon will occur only in conjunction with
restoration activities.
Helicopter Approach and Timing Techniques: The SGRLPS shall ensure
that helicopter approach patterns to the lighthouse will be such that
the timing techniques are least disturbing to marine mammals. To the
extent possible, the helicopter should approach NWSR when the tide is
too high for the marine mammals to haul-out on NWSR.
Since the most severe impacts (stampede) are precipitated by rapid
and direct helicopter approaches, initial approach to the Station must
be offshore from the island at a relatively high altitude (e.g., 800-
1,000 ft, or 244-305 m). Before the final approach, the helicopter
shall circle lower, and approach from area where the density of
pinnipeds is the lowest. If for any safety reasons (e.g., wind
condition) such helicopter approach and timing techniques cannot be
achieved, the SGRLPS must abort the restoration and maintenance
activities for that day.
Avoidance of Visual and Acoustic Contact with People on Island: The
SGRLPS members and restoration crews shall be instructed to avoid
making unnecessary noise and not expose themselves visually to
pinnipeds around the base of the lighthouse. Although no impacts from
these activities were seen during the 2001 CCR study, it is relatively
simple to avoid this potential impact. The door to the lower platform
(which is used at times by pinnipeds) shall remain closed and
barricaded to all tourists and other personnel.

Mitigation Conclusions

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

[[Page 79164]]

consideration of the following factors in relation to one another:
The manner in which, and the degree to which, the
successful 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, 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.

Summary of Previous Monitoring

The SGRLPS complied with the mitigation and monitoring required
under the previous authorization for the 2010 season. In compliance
with the 2010 IHA, the SGRLPS submitted a final report on the
activities at the Station, covering the period of January 27, 2010
through April 30, 2010. During the effective dates of the 2010 IHA, the
SGRLPS conducted two sessions of aircraft operations and restoration
activities on NWSR which did not exceed the activity levels analyzed
under the 2010 authorization.
The 2010 IHA required that the SGRLPS conduct a pre-restoration and
post-restoration aerial survey of all marine mammals hauled-out on NWSR
for each session. NMFS restricted the SGRLPS' taking of aerial
photographs to an altitude greater than 300 m (984 ft) during the first
arrival flight and the last departure flight. This is the minimum
altitude set within the 2010 Biological Opinion (BiOp) Incidental Take
Statement (ITS) which follows the reference distance of 300 m (984 ft)
for in-air measurements and predictions established by Richardson et
al. (1995).
On February 26, 2010, the SGRLPS' photographed the haulout areas on
the initial approach to NWSR at an altitude of 900 m (2,953 ft). During
the approach, the photographer observed no animals hauled out on NWSR.
The SGRLPS observed no animals hauled on NWSR during the two-day
restoration session and no pinnipeds were present during the
helicopter's February 28th departure flight to the mainland.
On April 9, 2010, the SGRLPS' photographed the haulout areas on the
initial approach to NWSR at an altitude of 900 m (2,953 ft). Similar to
the February session, the photographer observed no animals hauled out
on NWSR during approach. The SGRLPS observed no animals hauled on NWSR
during the three-day restoration session and no pinnipeds were present
during the helicopter's April 11th departure flight to the mainland.
The SGRLPS observed no animals hauled on NWSR during the entirety
of each session. As there were no observed impacts to pinnipeds from
these activities, NMFS was unable to assess the effectiveness of
mitigation measures for helicopter approaches set forth in the 2010
IHA. However, the 2010 IHA restricted SGRLPS' access to NWSR during the
pupping season. These results did not refute NMFS' original findings.

Proposed Monitoring

In order to issue an ITA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must 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 IHAs
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.
At least once during the period between February 10, 2012, through
April 30, 2012, or during the period of November 1, 2012, through
December 31, 2012 a qualified biologist shall be present during all
three workdays at the Station. The biologist hired will be subject to
approval of NMFS and this requirement may be modified depending on the
results of the second year of monitoring.
The qualified biologist shall document use of the island by the
pinnipeds, frequency, (i.e., dates, time, tidal height, species,
numbers present, and any disturbances), and note any responses to
potential disturbances. In the event of any observed Steller sea lion
injury, mortality, or the presence of newborn pup, the SGRLPS will
notify the NMFS SWRO Administrator and the NMFS Director of Office of
Protected Resources immediately.
Aerial photographic surveys may provide the most accurate means of
documenting species composition, age and sex class of pinnipeds using
the project site during human activity periods. Aerial photo coverage
of the island shall be completed from the same helicopter used to
transport the SGRLPS personnel to the island during restoration trips.
Photographs of all marine mammals hauled out on the island shall be
taken at an altitude greater than 300 m (984 ft) by a skilled
photographer, prior to the first landing on each visit included in the
monitoring program. Photographic documentation of marine mammals
present at the end of each three-day work session shall also be made
for a before and after comparison. These photographs will be forwarded
to a biologist capable of discerning marine mammal species. Data shall
be provided to NMFS in the form of a report with a data table, any
other significant observations related to marine mammals, and a report
of restoration activities (see Reporting). The original photographs can
be made available to NMFS or other marine mammal experts for inspection
and further analysis.

Proposed Reporting

The SGRLPS personnel will record data to document the number of
marine mammals exposed to helicopter noise and to document apparent
disturbance reactions or lack thereof. SGRLPS and NMFS will use the
data to estimate numbers of animals potentially taken by Level B
harassment.

Interim Monitoring Report

The SGRLPS will submit interim monitoring reports to the NMFS SWRO
Administrator and the NMFS Director of Office of Protected Resources no
later than 30 days after the conclusion of each monthly session. The
interim report will describe the operations that were conducted and
sightings of marine mammals near the proposed project. The report will
provide full documentation of methods, results, and interpretation
pertaining to all monitoring.
Each interim report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.

[[Page 79165]]

Final Monitoring Report

In addition to the interim reports, the SGRLPS will submit a draft
Final Monitoring Report to NMFS no later than 90 days after the project
is completed to the Regional Administrator and the Director of Office
of Protected Resources at NMFS Headquarters. Within 30 days after
receiving comments from NMFS on the draft Final Monitoring Report, the
SGRLPS must submit a Final Monitoring Report to the Regional
Administrator and the NMFS Director of Office of Protected Resources.
If the SGRLPS receives no comments from NMFS on the draft Final
Monitoring Report, the draft Final Monitoring Report will be considered
to be the Final Monitoring Report.
The final report will provide:
(i) A summary and table of the dates, times, and weather during all
helicopter operations, and restoration and maintenance activities.
(ii) Species, number, location, and behavior of any marine mammals,
observed throughout all monitoring activities.
(iii) An estimate of the number (by species) of marine mammals that
are known to have been exposed to acoustic stimuli associated with the
helicopter operations, restoration and maintenance activities.
(iv) A description of the implementation and effectiveness of the
monitoring and mitigation measures of the IHA and full documentation of
methods, results, and interpretation pertaining to all monitoring.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA
(if issued), such as an injury (Level A harassment), serious injury or
mortality (e.g., stampede), L-DEO shall immediately cease the specified
activities and immediately report the incident to the Chief of the
Permits and Conservation Division, Office of Protected Resources, NMFS,
at (301) 427-8401 and/or by email to Michael.Payne@noaa.gov and
ITP.Cody@noaa.gov and to the Southwest Regional Stranding Coordinator
at (562) 980-3230 (Sarah.Wilkin@noaa.gov). The report must include the
following information:
Time, date, and location (latitude/longitude) of the
incident;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
Activities will not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with the SGRLPS to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The SGRLPS may not resume
their activities until notified by NMFS via letter, email, or
telephone.
In the event that the SGRLPS discovers an injured or dead marine
mammal, and the biologist (if present) determines that the cause of the
injury or death is unknown and the death is relatively recent (i.e., in
less than a moderate state of decomposition as described in the next
paragraph), the SGRLPS will immediately report the incident to the
Chief of the Permits and Conservation Division, Office of Protected
Resources, NMFS, at (301) 427-8401 and/or by email to
Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov). The report must include the same information
identified in the paragraph above. Activities may continue while NMFS
reviews the circumstances of the incident. NMFS will work with the
SGRLPS to determine whether modifications in the activities are
appropriate.
In the event that the SGRLPS discovers an injured or dead marine
mammal, and the lead biologist (if present) determines that the injury
or death is not associated with or related to the activities authorized
in the IHA (e.g., previously wounded animal, carcass with moderate to
advanced decomposition, or scavenger damage), the SGRLPS will report
the incident to the Chief of the Permits and Conservation Division,
Office of Protected Resources, NMFS, at (301) 427-8401 and/or by email
to Michael.Payne@noaa.gov and ITP.Cody@noaa.gov and to the Southwest
Regional Stranding Coordinator at (562) 980-3230
(Sarah.Wilkin@noaa.gov), within 24 hours of the discovery. The SGRLPS
will provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to NMFS.

Estimated Take by Incidental Harassment

Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as:

Only take by Level B harassment is anticipated and authorized as a
result of the helicopter operations and restoration and maintenance
activities on NWSR.
Based on pinniped survey counts conducted by CCR on NWSR in the
spring of 1997, 1998, 1999, and 2000 (CCR, 2001), NMFS estimates that
approximately 204 California sea lions (calculated by multiplying the
average monthly abundance of California sea lions (zero in April, 1997
and 34 in April,1998) present on NWSR by 6 months of the proposed
restoration and maintenance activities), 172 Steller sea lions (NMFS'
estimate of the maximum number of Steller sea lions that could be
present on NWSR with a 95-percent confidence interval), 36 Pacific
harbor seals (calculated by multiplying the maximum number of harbor
seals present on NWSR (6) by 6 months), and 6 northern fur seals
(calculated by multiplying the maximum number of northern fur seals
present on NWSR (1) by 6 months) could be potentially affected by Level
B behavioral harassment over the course of the proposed IHA. Estimates
of the numbers of marine mammals that might be affected are based on
consideration of the number of marine mammals that could be disturbed
appreciably by approximately 51 hrs of aircraft operations during the
course of the proposed activity. These incidental harassment take
numbers represent approximately 0.14 percent of the U.S. stock of
California sea lion, 0.42 percent of the eastern U.S. stock of Steller
sea lion, 0.11 percent of the California stock of Pacific harbor seals,
and 0.06 percent of the San Miguel Island stock of northern fur seal.
Because of the required mitigation measures and the likelihood that
some pinnipeds will avoid the area, no injury or mortality to pinnipeds
is expected nor requested.

Negligible Impact and Small Numbers Analysis and 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:

[[Page 79166]]

(1) The number of anticipated mortalities;
(2) The number and nature of anticipated injuries;
(3) The number, nature, and intensity, and duration of Level B
harassment; and
(4) The context in which the takes occur.
As mentioned previously, NMFS estimates that four species of marine
mammals could be potentially affected by Level B harassment over the
course of the IHA. For each species, these numbers are small (each,
less than one percent) relative to the population size.
No takes by Level A harassment, serious injury, or mortality are
anticipated to occur as a result of the SGRLPS' proposed activities,
and none are authorized. Only short-term behavioral disturbance is
anticipated to occur due to the brief and sporadic duration of the
proposed activities; the availability of alternate areas near NWSR for
marine mammals to avoid the resultant acoustic disturbance; and limited
access to NWSR during the pupping season. Due to the nature, degree,
and context of the behavioral harassment anticipated, the activities
are not expected to impact rates of recruitment or survival.
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 the SGRLPS' planned helicopter
operations and restoration/maintenance activities, will result in the
incidental take of small numbers of marine mammals, by Level B
harassment only, and that the total taking from the helicopter
operations and restoration/maintenance activities 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)

The Steller sea lion, eastern Distinct Population Segment (DPS) is
listed as threatened under the ESA and occurs in the planned action
area. NMFS Headquarters' Office of Protected Resources, Permits,
Conservation, and Education Division conducted a formal section 7
consultation under the ESA with the Southwest Region, NMFS. On January
27, 2010, the Southwest Region issued a BiOp and concluded that the
issuance of IHAs are likely to adversely affect, but not likely to
jeopardize the continued existence of Steller sea lions. NMFS has
designated critical habitat for the eastern Distinct Population Segment
of Steller sea lions in California at A[ntilde]o Nuevo Island,
Southeast Farallon Island, Sugarloaf Island and Cape Mendocino,
California pursuant to section 4 of the ESA (see 50 CFR 226.202(b)).
Northwest Seal Rock is neither within nor nearby these designated
areas. Finally, the BiOp included an ITS for Steller sea lions. The ITS
contains reasonable and prudent measures implemented by terms and
conditions to minimize the effects of this take.
NMFS has reviewed the 2010 BiOp and determined that there is no new
information regarding effects to Stellar sea lions; the action has not
been modified in a manner which would cause adverse effects not
previously evaluated; there has been no new listing of species or
designation of critical habitat that could be affected by the action;
and, the action will not exceed the extent or amount of incidental take
authorized in the ITS. Therefore, the proposed IHA does not require the
reinitiation of Section 7 consultation under the ESA.

National Environmental Policy Act (NEPA)

To meet NMFS' NEPA requirements for the issuance of an IHA to the
SGRLPS, NMFS prepared an Environmental Assessment (EA) in 2010 that was
specific to conducting aircraft operations and restoration and
maintenance work on the St. George Reef Light Station. The EA, titled
``Issuance of an Incidental Harassment Authorization to Take Marine
Mammals by Harassment Incidental to Conducting Aircraft Operations,
Lighthouse Restoration and Maintenance Activities on St. George Reef
Lighthouse Station in Del Norte County, California,'' evaluated the
impacts on the human environment of NMFS' authorization of incidental
Level B harassment resulting from the specified activity in the
specified geographic region. At that time, NMFS concluded that issuance
of an IHA November 1 through April 30, annually would not significantly
affect the quality of the human environment and issued a Finding of No
Significant Impact (FONSI) for the 2010 EA regarding the SGRLPS'
activities. In conjunction with the SGRLPS' 2012 application, NMFS has
again reviewed the 2010 EA and determined that there are no new direct,
indirect or cumulative impacts to the human and natural environment
associated with the IHA requiring evaluation in a supplemental EA and
NMFS, therefore, intends to reaffirm the 2010 FONSI. An electronic copy
of the EA and the FONSI for this activity is available upon request
(see ADDRESSES).

Dated: December 16, 2011.
James H. Lecky,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2011-32692 Filed 12-20-11; 8:45 am]
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