[Federal Register Volume 77, Number 220 (Wednesday, November 14, 2012)]
[Notices]
[Pages 67797-67802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27661]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC139
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Bird Mitigation Research in the
Farallon National Wildlife Refuge
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA)
implementing regulations, notification is hereby given that NMFS has
issued an Incidental Harassment Authorization (IHA) to the U.S. Fish
and Wildlife Service, allowing the take of small numbers of marine
mammals, by Level B harassment only, incidental to a bird mitigation
research trial.
DATES: Effective November 7, 2012, through November 6, 2013.
ADDRESSES: A copy of the IHA, application, and Environmental Assessment
are available by 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: Michelle Magliocca, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of small numbers of marine
mammals by U.S. citizens who engage in a specified activity (other than
commercial fishing) within a specified geographical region if certain
findings are made and either regulations are issued or, if the taking
is limited to harassment, a notice of a proposed authorization is
provided to the public for review.
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
[[Page 67798]]
mitigation, monitoring, and reporting of such takings are set forth.
NMFS has defined ``negligible impact'' 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 U.S. can apply for an authorization to
incidentally take small numbers of marine mammals by harassment.
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS review of
an application followed by a 30-day public notice and comment period on
any proposed authorizations for the incidental harassment of marine
mammals. Within 45 days of the close of the comment period, NMFS must
either issue or deny 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
On April 17, 2012, NMFS received an application from the USFWS
requesting an IHA for the take, by Level B harassment, of small numbers
of five marine mammal species incidental to a bird mitigation research
trial in the Farallon National Wildlife Refuge. In accordance with the
MMPA and implementing regulations, NMFS issued a notice in the Federal
Register on August 27, 2012 (77 FR 51773), requesting comments from the
public on the proposed issuance of an IHA.
Description of the Specified Activity
A complete description of the specified activity may be found in
NMFS' Federal Register notice (77 FR 51773, August 27, 2012) and a
summary is provided here. The USFWS will conduct a research trial to
assess potential bird hazing methods that could be used to minimize the
risk of rodent bait ingestion by non-target species, if such an
alternative action is chosen, during a proposed house mouse
eradication. Removal of the invasive house mice would protect seabirds,
assist in the recovery of native plants and endemic species, and
prevent the spread of disease to marine mammals.
Potential gull hazing methods--which include pyrotechnics, air
cannons, helicopters, and trained dogs--may incidentally result in the
harassment of pinnipeds that haul out on the island. Up to five
biologists would be present on the islands to implement the research
trial and monitor any pinniped disturbance. Part of the USFWS' goal
during this trial is to determine which hazing methods are most
effective at (1) deterring birds from roosting on the island and (2)
minimizing the impacts to pinnipeds. Therefore, researchers would
carefully monitor pinnipeds haul-outs during hazing and adjust the
research trial to reduce disturbance. Further details regarding the
different gull hazing techniques are provided in HSWAC's IHA
application (http://www.nmfs.noaa.gov/pr/permits/incidental.htm) and
NMFS' Federal Register notice (77 FR 51773, August 27, 2012).
Dates and Duration of Activity
The USFWS plans to conduct their research over a 2-4 week period
between November 1, 2012 and January 31, 2013. During this time, gull
roosts will be visited at least twice a day by researchers for hazing
or monitoring. Most visits will last about 15 minutes, although human
presence may last for 2-5 hours per day if necessary. Most hazing will
take place a few hours before and after sunrise and sunset. Sporadic
gull hazing may also occur as needed throughout the day and night.
Region of Activity
The research trial will take place in the Farallon National
Wildlife Refuge, a group of islands about 30 miles offshore of San
Francisco, California. The refuge was established in 1909 specifically
to protect sea birds and pinnipeds and it currently sustains the
largest sea bird breeding colony south of Alaska, including 30 percent
of California's nesting sea birds. Five pinniped species also breed or
haul out on the Farallon Islands. The research trial will be conducted
in the South Farallon Islands, which are composed of Southeast Farallon
Island, West End Island, Aulon Islets, and Saddle Rock. Most of the
gull hazing is expected to occur within Southeast Farallon Island;
however, hazing may be implemented around other areas of the island if
gulls attempt to roost. The majority of the island's perimeter is
considered a potential haul-out for pinnipeds. Species-specific haul-
out and pupping sites were provided in NMFS' Federal Register notice
(77 FR 51773, August 27, 2012).
Sound Propagation
For background, sound is a mechanical disturbance consisting of
minute vibrations that travel through a medium, such as air or water,
and is generally characterized by several variables. Frequency
describes the sound's pitch and is measured in hertz (Hz) or kilohertz
(kHz), while sound level describes the sound's loudness and is measured
in decibels (dB). Sound level increases or decreases exponentially with
each dB of change. For example, 10 dB yields a sound level 10 times
more intense than 1 dB, while a 20 dB level equates to 100 times more
intense, and a 30 dB level is 1,000 times more intense. Sound levels
are compared to a reference sound pressure (micro-Pascal) to identify
the medium. For air and water, these reference pressures are ``re: 20
[micro]Pa'' and ``re: 1 [micro]Pa,'' respectively. Root mean square
(rms) is the quadratic mean sound pressure over the duration of an
impulse. Rms is calculated by squaring all of the sound amplitudes,
averaging the squares, and then taking the square root of the average
(Urick, 1975). Rms accounts for both positive and negative values;
squaring the pressures makes all values positive so that they may be
accounted for in the summation of pressure levels (Hastings and Popper,
2005). This measurement is often used in the context of discussing
behavioral effects, in part because behavioral effects, which often
result from auditory cues, may be better expressed through averaged
units rather than by peak pressures.
The use of biosonics, pyrotechnics, and zon guns may result in
elevated sound levels that exceed NMFS' threshold for in-air
harassment. Current NMFS practice regarding in-air exposure of
pinnipeds to sound generated from human activity is that the onset of
Level B harassment for harbor seals and all other pinnipeds is 90 dB
and 100 dB re: 20[micro]Pa, respectively. The USFWS intends to use bird
hazing methods that cause the least amount of marine mammal harassment,
while still preventing birds from settling on the island. Biosonics,
pyrotechnics, and zon guns will be initially used at distances to avoid
the onset of Level B harassment. Only if bird hazing methods are still
unsuccessful from distant locations will these techniques be used
closer to pinniped haul-outs.
Comments and Responses
A notice of proposed IHA and request for public comment was
published on
[[Page 67799]]
August 27, 2012 (77 FR 51773). During the 30-day public comment period,
the Marine Mammal Commission (Commission) provided the only substantive
comments. The Commission recommended that NMFS issue the IHA, subject
to inclusion of the proposed mitigation and monitoring measures.
Description of Marine Mammals in the Area of the Specified Activity
The following marine mammal species may be present in the project
area during the research trial: Northern elephant seals (Mirounga
angustirostris), harbor seals (Phoca vitulina richardii), Steller sea
lions (Eumetopias jubatus), California sea lions (Zalophus
californianus), and Northern fur seals (Callorhinus ursinus).
Information on species status, distribution, and seasonality was
provided in NMFS' Federal Register notice (77 FR 51773, August 27,
2012).
Potential Effects of the Specified Activity on Marine Mammals
Variable numbers of northern elephant seals, harbor seals, Steller
sea lions, California sea lions, and northern fur seals typically haul
out around the perimeter of South Farallon Island. Pinnipeds likely to
be affected by the bird mitigation trial are those that are hauled out
on land at or near the location of gull hazing. Incidental harassment
may result if hauled out animals are disturbed by elevated sound levels
or the presence of lasers, spotlights, humans, helicopters, or dogs.
Although pinnipeds would not be deliberately approached by researchers,
approach may be unavoidable if pinnipeds are hauled out in the
immediate vicinity of roosting birds. Disturbance may result in
behavioral reactions ranging from an animal simply becoming alert
(e.g., turning the head, assuming a more upright posture) to flushing
from the haul-out site into the water. NMFS does not necessarily
consider the lesser reactions to constitute Level B behavioral
harassment, but does assume that pinnipeds that move greater than one
meter or change the speed or direction of their movement in response to
the gull hazing methods are behaviorally harassed.
Typically, even those reactions constituting Level B harassment
would result at most in temporary, short-term disturbance. Due to the
limited duration of the research trial (maximum 4 weeks of periodic
daily hazing methods), disturbance of pinnipeds will only last for
short periods of time and will not occur continuously over the 4-week
period. Pinnipeds are unlikely to incur significant impacts to their
survival because potential harassment will be sporadic and of low
intensity. Although there is a risk of injury or mortality if pinniped
pups are crushed during a stampede, the USFWS expects most pups to have
left the island before November.
In summary, NMFS believes it highly unlikely that the USFWS'
activities will result in the injury, serious injury, or mortality of
pinnipeds. Any harassment resulting from the bird mitigation research
trial is expected to be in the form of Level B behavioral harassment.
Anticipated Effects on Habitat
The USFWS' activity is not expected to result in the physical
alteration of marine mammal habitat. Any impacts resulting from the
activity (e.g., short periods of ensonification) will be temporary and
no major breeding habitat will be affected. There are no expected
impacts to pinniped prey species. Critical habitat has been defined for
Steller sea lions as a 20 nautical mile buffer around all major haul-
outs and rookeries, as well as associated terrestrial, air, and aquatic
zones, which includes Southeast Farallon Island. Overall, the activity
is not expected to cause significant impacts on habitats used by the
marine mammal species in the project area or on the food sources that
they utilize.
Mitigation Measures
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must, where applicable, 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. There are no relevant subsistence uses of marine
mammals implicated by this action. The following measures are required
in the USFWS' authorization:
Temporal Restriction
The USFWS will conduct the bird mitigation research trial at a time
when there are fewer birds on the island and outside of pinniped
pupping season. The research schedule will greatly reduce the
possibility of injury, serious injury, or mortality to pinnipeds
resulting from pups being crushed during a stampede. Pregnant northern
elephant seals begin to arrive on the island in late December and early
January. Remaining pups from the previous breeding season typically
leave the island by November. While hazing operations are not expected
to overlap with the presence of northern elephant seal pups, the USFWS
will actively avoid pregnant females and pups during the research trial
by having a biologist identify and map where these individuals are
located.
Limited Use of Pyrotechnics
The USFWS will place pyrotechnics in locations so as to avoid
exceeding the hearing threshold of pinnipeds. Researchers will first
use pyrotechnics as far away as possible from haul-out sites and
gradually get closer if necessary, while monitoring behavioral
reactions of pinnipeds. Researchers will not use pyrotechnics directly
over a major haul-out site.
Limited Use of Air Cannons
The USFWS will place air cannons in locations so as to avoid
exceeding the hearing threshold of pinnipeds. Researchers will use the
lowest detonation volume if haul-outs are close, but may experiment
with increasing the volume at farther distances. Behavioral response of
pinnipeds will be monitored and the air cannon volume will be adjusted
at the first sign of large-scale disturbance.
Slow Sequential Approaches of Helicopters
To avoid or minimize pinniped disturbance, helicopter flights in
areas near haul-outs will use a slow sequential approach of decreasing
altitude in order to habituate marine mammals to the sound.
Slow and Cautious Approaches to Haul-Outs
Any researchers needed to investigate gull roosting areas, conduct
hazing, or monitor pinniped responses, will approach haul-outs slowly
and cautiously in order to avoid unnecessary disturbance to pinnipeds.
Limited Use and Retrieval of Kites and Radio-Controlled Aircraft
Kites and radio-controlled aircraft will be used sparingly around
harbor seals, as they may be more easily spooked than other pinniped
species. If a kite or radio-controlled aircraft falls into a haul-out
area, then it will either be: (1) Left in place if it could not be
retrieved safely or without causing major pinniped disturbance; or (2)
retrieved using a slow methodical approach to avoid major pinniped
disturbance. Retrieval may also occur at a later time when pinnipeds
are either absent or in fewer numbers.
[[Page 67800]]
Restricted Use of Trained Dogs
Dogs will be trained to not harass pinnipeds and will have the
necessary immunizations and certificates to ensure that no diseases are
transmittable. Dogs will be kept at least 30 meters away from pinnipeds
to avoid unnecessary harassment.
Visual Observers
The USFWS will designate at least one NMFS-approved protected
species observer to monitor pinnipeds and record information before,
during, and after hazing operations. The observer will be located at
the peak of the island's center, which provides visibility of about 70
percent of the island. If hazing operations take place in areas not
visible from the island's peak, additional observers will be used to
monitor and record information from other locations. Observers will
also monitor offshore areas for predators (e.g., white sharks) to avoid
harassing pinnipeds when predators are in nearshore waters. Observers
will be equipped to stop hazing operations if they result in unexpected
pinniped reactions (e.g., stampeding).
NMFS has carefully evaluated the applicant's proposed mitigation
measures and considered a range of other 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 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, including consideration of personnel safety and
practicality of implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
above 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.
Monitoring and Reporting
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.
The USFWS will designate at least one NMFS-approved protected
species observer to monitor pinnipeds and collect information before,
during, and after hazing operations. This observer will be located at
the peak of the island's center, which provides visibility of about 70
percent of the island. If hazing operations take place in areas not
visible from the island's peak, additional observers will be used to
monitor and record information from other locations. Before hazing
operations begin, observers will record the number and species of
animals in the area. During hazing operations, observers will record
the species that react to hazing operations, any change in behavior
that occurs, the number of animals that flush (or leave their haul-
out), and the number of flushing events. More specifically, observers
will record pinniped reactions using a 3-point scale where 1 = a
reaction not considered harassment (e.g., head raise); 2 = animal moves
greater than 1 meter or changes direction, but no flushing occurs; and
3 = flushing occurs. This scale has been used for previous IHAs to
record pinniped reactions and the monitoring results will be used by
NMFS to assess the intensity of harassment. After the hazing
operations, observers will record the number and species of animals
remaining in the area. Observers will be in communication with the
hazing trial implementation staff in order to relay information on
pinniped behavioral responses. Observers will be able to halt hazing
activities if they result in unexpected pinniped reactions (e.g.,
stampeding).
While not a required monitoring measure, if funding and personnel
are available, the USFWS will also monitor sound levels of biosonics,
pyrotechnics, and zon guns to evaluate the potential exposure levels of
pinnipeds to these techniques. If practicable, the USFWS will measure
received sound levels at varying distances from the source to determine
the distance at which NMFS' in-air thresholds are reached. Results from
these measurements will potentially allow the USFWS to determine how
far away they need to conduct certain hazing methods.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner prohibited by the IHA,
such as an injury (Level A harassment), serious injury, or mortality,
the USFWS will immediately cease the specified activities and 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
[email protected] and [email protected] and the
Southwest Regional Stranding Coordinator at 562-980-3230
([email protected]). The report must include the following
information:
Time, date, and location (latitude/longitude) of the
incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Description of all marine mammal observations in the 24
hours preceding the incident;
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 USFWS to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. The USFWS will not resume
their activities until notified by NMFS via letter, email, or
telephone.
In the event that the USFWS discovers an injured or dead marine
mammal, and the lead observer 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 USFWS 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
[email protected] and [email protected] and the
Southwest Regional Stranding Coordinator at 562-980-3230
([email protected]). The report will include the same information
identified in the paragraph above. Activities could continue while NMFS
reviews the circumstances of the incident. NMFS will work with the
USFWS to determine whether modifications in the activities are
appropriate.
In the event that the USFWS discovers an injured or dead marine
mammal, and the lead observer determines that the injury or death is
[[Page 67801]]
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 USFWS 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
[email protected] and [email protected] and the
Southwest Regional Stranding Coordinator at 562-980-3230
([email protected]), within 24 hours of the discovery. The USFWS
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: 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].
Current NMFS practice regarding in-air exposure of pinnipeds to
sound generated from human activity is that the onset of Level B
harassment for harbor seals and all other pinnipeds is 90 dB and 100 dB
re: 20[micro]Pa, respectively. These threshold levels are based on
monitoring of marine mammal reactions to rocket launches at Vandenberg
Air Force Base. In those studies, not all harbor seals left a haul-out
during a launch unless the sound exposure level was 100 dB or above and
only short-term effects were detected.
The USFWS estimated take by using the maximum pinniped counts from
weekly censuses in November 2006-2011. These numbers represent the
highest count ever recorded for each species during the month of
November since 2006. November typically has the highest pinniped counts
compared to December and January (the period when the activity would
take place). These numbers provide the best available information on
haul-outs in the action area. The USFWS' proposed take estimates were
simply the maximum weekly counts (Northern elephant seal = 328; harbor
seal = 81; Steller sea lion = 224; California sea lion = 3,538;
Northern fur seal = 109. However, in order to estimate the maximum
number of takes over the length of the trial, NMFS multiplied these
numbers by four to account for the maximum 4-week trial period. NMFS'
take estimates are shown in Table 1.
Table 1--Authorized Take of Pinnipeds for the Activity
------------------------------------------------------------------------
Species Total
------------------------------------------------------------------------
Northern elephant seal....................................... 1,312
Harbor seal.................................................. 324
Steller sea lion............................................. 224
California sea lion.......................................... 14,152
Northern fur seal............................................ 436
------------------------------------------------------------------------
NMFS believes these take estimates are conservative because the
USFWS used maximum counts of hauled out pinnipeds during the months of
the activity and these numbers do not take mitigation measures into
consideration. Furthermore, NMFS expects many of the same animals to
haul out throughout the month; so these take estimates likely
overestimate the number of individuals to be harassed during the trial.
Researchers will make every effort to minimize the take of pinnipeds
(e.g., by using hazing methods at the farthest possible distance from
haul-outs); moreover, many pinnipeds do not haul out near typical gull
roosts. Frequency of harassment will depend upon the location of gulls
and the success of hazing operations. Pinnipeds may be disturbed as
much as twice per day for the duration of the 2-4 week trial. Table 1
shows the maximum number of animals that may be harassed during the
activity; however, the USFWS' required mitigation measures will likely
result in fewer takes.
Negligible Impact and Small Numbers Analysis and Determinations
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 number of factors which include, but are not limited
to, number of anticipated injuries or mortalities (none of which would
be authorized here), number, nature, intensity, and duration of Level B
harassment, and the context in which takes occur.
As described above, marine mammals will not be exposed to
activities or sound levels which will result in injury (PTS), serious
injury, or mortality. Rather, NMFS expects that some marine mammals may
be exposed to elevated sound levels or visual stimuli that will result
in Level B behavioral harassment. Marine mammals may avoid the area or
temporarily change their behavior (e.g., move towards the water) in
response to research presence or elevated sound levels. No impacts to
marine mammal reproduction are expected because the activity will not
take place during pinniped pupping season.
Required mitigation and monitoring measures are expected to lessen
the potential impacts to marine mammals (e.g., avoiding pinniped haul-
outs). NMFS expects any impacts to pinnipeds to be temporary, Level B
behavioral harassment. Marine mammal injury or mortality is unlikely
because of the expected sound levels, avoidance of pinniped haul outs,
and avoidance of pupping season. The amount of take NMFS authorizes is
considered small relative to the estimated stock sizes. Less than two
percent of the stock will be harassed for Northern elephant seals,
harbor seals, and Steller sea lions; and less than five percent of the
stock will be harassed for California sea lions and Northern fur seals.
There is no anticipated effect on annual rates of recruitment or
survival of affected marine mammals.
Based on the analysis contained in this notice, the proposed IHA
notice (77 FR 51773, August 27, 2012), and the IHA application, and
taking into consideration the implementation of the mitigation and
monitoring measures, NMFS has determined that the USFWS' research trial
may result in the incidental take of small numbers of marine mammals,
by Level B harassment only, and that the total taking 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 only marine mammal species listed as endangered under the ESA
with confirmed or possible occurrence in the study area is the eastern
DPS of Steller sea lion. On April 18, 2012 (77 FR 23209), NMFS
published a proposed rule to delist the eastern DPS. A public comment
period was open through June 18, 2012. No final determination has been
made. Under section 7 of the ESA, the USFWS consulted NMFS on the bird
mitigation research trial. NMFS also consulted internally on the
issuance of an IHA under section 101(a)(5)(D) of the MMPA for this
activity. A Biological
[[Page 67802]]
Opinion was issued in November 2012 and concluded that the USFWS'
project is not likely to jeopardize the continued existence of any
listed species or adversely modify or destroy critical habitat. The
mitigation measures included in the final IHA have also been included
in the Incidental Take Statement provided with the Biological Opinion.
National Environmental Policy Act (NEPA)
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 prepared an Environmental
Assessment (EA) to consider the direct, indirect, and cumulative
effects to marine mammals resulting from issuance of a 1-year IHA and
the potential issuance of future authorizations for incidental
harassment for the ongoing project. NMFS made a finding of no
significant impact (FONSI) and the EA and FONSI are available on the
NMFS Web site listed in the beginning of this document (see ADDRESSES).
Dated: November 7, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-27661 Filed 11-13-12; 8:45 am]
BILLING CODE 3510-22-P