[Federal Register Volume 77, Number 221 (Thursday, November 15, 2012)]
[Notices]
[Pages 68107-68113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-27817]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC153
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys
on the South Farallon Islands, CA
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)
regulations, notification is hereby given that NMFS has issued an
Incidental Harassment Authorization (IHA) to the National Ocean
Service's Office of National Marine Sanctuaries Gulf of the Farallones
National Marine Sanctuary (GFNMS) to take marine mammals, by
harassment, incidental to rocky intertidal monitoring work and
searching for black abalone, components of the Sanctuary Ecosystem
Assessment Surveys.
DATES: Effective November 8, 2012, through November 7, 2013.
ADDRESSES: A copy of the authorization, application, and associated
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) and Biological Opinion may be obtained by writing to Michael
Payne, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service, 1315 East-West Highway,
Silver Spring, MD 20910, telephoning the contact listed below (see FOR
FURTHER INFORMATION CONTACT), or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may also be viewed, by appointment, during regular business
hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Candace Nachman, 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, other means of
effecting the least practicable impact on the species or stock and its
habitat, and requirements pertaining to the mitigation, monitoring and
reporting of such takings are set forth. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ``* * * an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
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 May 13, 2012, NMFS received an application from GFNMS for the
taking of marine mammals incidental to rocky intertidal monitoring work
and searching for black abalone. NMFS determined that the application
was adequate and complete on July 20, 2012. On August 23, 2012, we
published a notice in the Federal Register of our proposal to issue an
IHA with preliminary determinations and explained the basis for the
proposal and preliminary determinations (77 FR 50990). The notice
initiated a 30-day public comment period. Responses are discussed
below.
GFNMS proposes to continue rocky intertidal monitoring work and the
search for black abalone in areas previously unexplored for black
abalone for periods of 4-8 days in November 2012 and February 2013. All
work will be done only during daylight minus low tides. This is a long-
term study that began in 1992 and at present is anticipated to continue
beyond November 2013. This IHA is only effective for a 12-month period.
In future years (depending on funding), survey activities may occur in
February, August, and November. For purposes of the present request,
four sites will be sampled during both November and February, with two
additional sites to be sampled in February only. The following specific
aspects of the activities are likely to result in the take of marine
mammals: presence of survey personnel near pinniped haulout sites and
approach of survey personnel towards hauled out pinnipeds. Take, by
Level B harassment only, of individuals of five species of marine
mammals is anticipated to result from the specified activity.
Description of the Specified Activity and Specified Geographic Region
Since the listing of black abalone as ``endangered'' under the U.S.
Endangered Species Act (ESA; 16 U.S.C. 1531 et seq.), NMFS has
requested that GFNMS explore as much of the shoreline as possible, as
well as document and map the location of quality habitat for black
abalone and the location of known animals. This listing
[[Page 68108]]
prompted the need to expand the search for black abalone into other
areas on the South Farallon Islands (beyond those that have been
studied since 1992) to gain a better understanding of the abundance and
health of the black abalone population in this remote and isolated
location. The monitoring is planned to remain ongoing, and efforts to
assess the status and health of the black abalone population on the
South Farallon Islands may take several years, and perhaps decades,
because black abalone tend to be very cryptic and difficult to find,
especially when they are sparse and infrequent in occurrence. In order
for the assessment of black abalone to be more comprehensive, GFNMS
needs to expand shore searches in areas beyond the proximity of their
quantitative quadrat sampling areas and also into new areas on
Southeast Farallon and Maintop (West End) Islands. Additional
information regarding the purpose of the research is contained in the
Notice of Proposed IHA (77 FR 50990, August 23, 2012).
Routine shore activity will continue to involve the use of only
non-destructive sampling methods to monitor rocky intertidal algal and
invertebrate species abundances (see Figure 2 in GFNMS' application).
The sampling, photographic documentation, and shore walks for the
period of this IHA have been scheduled to occur in November 2012 and
February 2013. (In future years, surveys conducted under separate
IHA(s) may occur 3 times annually: February, August, and November,
based on funding.) Each survey will last for approximately 4 to 8 days.
All work will be done only during daylight minus, low tides. Each
location (as listed in Tables 2 and 3 in GFNMS' application) will be
visited/sampled by three to four biologists, for a duration of 3-4
hours, one to two times each minus tide cycle, during November and
February. The Notice of Proposed IHA contains additional information on
the survey methodology (77 FR 50990, August 23, 2012). That information
has not changed and is therefore not repeated here.
PRBO Conservation Science (PRBO) continues its year round pinniped
and seabird research and monitoring efforts on the South Farallon
Islands, which began in 1968, under MMPA scientific research permits
and IHAs. GFNMS biologists will gain access to the sites via boats
operated by PRBO, with disturbance and incidental take authorized via
IHAs issued to PRBO. For this reason, GFNMS has not requested
authorization for take from disturbance by boat, as incidental take
from that activity is authorized in a separate IHA.
Specified Geographic Location and Activity Timeframe
The Farallon Islands consists of a chain of seven islands located
approximately 48 km (30 mi) west of San Francisco, near the edge of the
continental shelf and in the geographic center of the GFNMS (see Figure
1 in GFNMS' application). The nearshore and offshore waters are
foraging areas for pinniped species discussed in this document. The two
largest islands of the seven islands are the Southeast Farallon and
Maintop (aka West End) Islands. These and several smaller rocks are
collectively referred to as the South Farallon Islands and are the
subject of this IHA.
Current areas that are sampled during November and February are:
Blow Hole Peninsula; Mussel Flat; Dead Sea Lion Flat; and Low Arch (see
Figure 2 in GFNMS' application). Current areas that are sampled only
during February are: Raven's Cliff and Drunk Uncle Islet. Areas to be
added for intensive black abalone assessment and habitat mapping
sampling during November and February include: East Landing; North
Landing; Fisherman's Bay; and Weather Service Peninsula on Southeast
Farallon Island. Areas to be added for intensive black abalone
assessment and habitat mapping during February only include: Ravens'
Cliff; Indian Head; Shell Beach; and Drunk Uncle Islet (see Figure 2 in
GFNMS' application). Specific dates of sampling in February and
November of each year will vary, as in the past, dependent on tide
conditions, boat logistics to the island, staff schedules, island
housing availability, seabird breeding cycles, and at the discretion of
Refuge management. Each visit will last approximately 4-8 days in
November 2012 and February 2013. Additional information on the
specified geographic location is contained in the Notice of Proposed
IHA (77 FR 50990, August 23, 2012).
Accessing portions of the intertidal habitat may cause incidental
Level B (behavioral) harassment of pinnipeds through some unavoidable
approaches if pinnipeds are hauled out directly in the study plots or
while biologists walk from one location to another. No motorized
equipment is involved in conducting these surveys. The species for
which Level B harassment is requested are: California sea lions
(Zalophus californianus californianus); harbor seals (Phoca vitulina
richardii); northern elephant seals (Mirounga angustirostris); Stellar
sea lions (Eumetopias jubatus); and northern fur seals (Callorhinus
ursinus).
Comments and Responses
A Notice of Proposed IHA was published in the Federal Register on
August 23, 2012 (77 FR 50990) for public comment. During the 30-day
public comment period, NMFS received one letter from the Marine Mammal
Commission. No other organizations or private citizens provided
comments on the proposed issuance of an IHA for this activity. The
Marine Mammal Commission recommended that NMFS issue the IHA, subject
to inclusion of the proposed mitigation and monitoring measures. NMFS
has included all of the mitigation and monitoring measures proposed in
the Notice of Proposed IHA (77 FR 50990, August 23, 2012) in the issued
IHA.
Description of Marine Mammals in the Area of the Specified Activity
Many of the shores of the two South Farallon Islands provide
resting, molting, and breeding habitat for pinniped species: northern
elephant seals; harbor seals; California sea lions; northern fur seals;
and Steller sea lions. California sea lion is the species anticipated
to be encountered most frequently during the specified activity. The
other four species are only anticipated to be encountered at some of
the sites. Tables 2 and 3 in GFNMS' application outline the average and
maximum expected occurrences of each species at each sampling location
in November and February, respectively. Numbers are based on weekly
surveys conducted by PRBO. The data in these tables are from counts
conducted in February and November 2010 and 2011. Figures 3, 4, and 5
in GFNMS' application depict the overlap between pinniped haulouts and
abalone sampling sites. Of the five species noted here, only the
eastern stock of Stellar sea lion (which is the stock found in the
activity area) is listed as threatened under the ESA and as depleted
under the MMPA.
We refer the public to Carretta et al., (2011) for general
information on these species. The publication is available on the
Internet at: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2011.pdf.
Additional information on the status, distribution, seasonal
distribution, and life history can also be found in GFNMS' application
and NMFS' Notice of Proposed IHA (77 FR 50990, August 23, 2012). The
information has not changed and is therefore not repeated here.
California (southern) sea otters (Enhydra lutris nereis), listed as
[[Page 68109]]
threatened under the ESA and categorized as depleted under the MMPA,
usually range in coastal waters within 2 km (1.2 mi) of shore. PRBO has
not encountered California sea otters on Southeast Farallon Island
during the course of seabird or pinniped research activities over the
past five years. This species is managed by the USFWS and is not
considered further in this notice.
Potential Effects of the Specified Activity on Marine Mammals
The appearance of researchers may have the potential to cause Level
B harassment of any pinnipeds hauled out on Southeast Farallon and
Maintop (West End) Islands. Although marine mammals are never
deliberately approached by abalone survey personnel, approach may be
unavoidable if pinnipeds are hauled out in the immediate vicinity of
the permanent abalone study plots. Disturbance may result in reactions
ranging from an animal simply becoming alert to the presence of
researchers (e.g., turning the head, assuming a more upright posture)
to flushing from the haul-out site into the water. NMFS does not
consider the lesser reactions to constitute behavioral harassment, or
Level B harassment takes, but rather assumes that pinnipeds that move
greater than 1 m (3.3 ft) or change the speed or direction of their
movement in response to the presence of researchers are behaviorally
harassed, and thus subject to Level B taking. Animals that respond to
the presence of researchers by becoming alert, but do not move or
change the nature of locomotion as described, are not considered to
have been subject to behavioral harassment. NMFS' Notice of Proposed
IHA (77 FR 50990, August 23, 2012) contains information regarding
potential impacts to marine mammals from the specified activity. The
information has not changed and is therefore not repeated here.
Typically, even those reactions constituting Level B harassment
would result at most in temporary, short-term disturbance. In any given
study season (i.e., November 2012 and February 2013), the researchers
will visit the islands for a total of 4-8 days each of the two months,
and each site is not visited during both months. Visits to each site
are thus separated by several months. Each site visit typically lasts
3-4 hours. Therefore, disturbance of pinnipeds resulting from the
presence of researchers lasts only for short periods of time and is
separated by significant amounts of time in which no disturbance
occurs. Because such disturbance is sporadic, rather than chronic, and
of low intensity, individual marine mammals are unlikely to incur any
detrimental impacts to vital rates or ability to forage and, thus, loss
of fitness. Correspondingly, even local populations, much less the
overall stocks of animals, are extremely unlikely to accrue any
significantly detrimental impacts.
NMFS does not anticipate that the activities would result in the
injury, serious injury, or mortality of pinnipeds because (1) the
timing of research visits would preclude separation of mothers and pups
for four of the pinniped species, as activities occur outside of the
pupping/breeding season and (2) elephant seals are generally not
susceptible to disturbance as a result of researchers' presence. In
addition, researchers will exercise appropriate caution approaching
sites, especially when pups are present and will redirect activities
when pups are present.
Anticipated Effects on Marine Mammal Habitat
The only habitat modification associated with the activity is the
quadrat locations being marked with marine epoxy. The plot corners are
marked with a 3x3 cm (1.2x1.2 in) patch of marine epoxy glued to the
benchrock for relocating the quadrat sites. Markers have been in place
since 1993, and pinniped populations have increased throughout the
islands during this time. Maintenance is sometimes required, which
consists of replenishing worn markers with fresh epoxy or replacing
markers that have become dislodged. No gas power tools are used, so
there is no potential for noise or accidental fuel spills disturbing
animals and impacting habitats. Thus, the activity is not expected to
have any habitat-related effects, including to marine mammal prey
species, that could cause significant or long-term consequences for
individual marine mammals or their populations.
Mitigation
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 (where relevant).
GFNMS shall implement several mitigation measures to reduce
potential take by Level B (behavioral disturbance) harassment. Measures
include: (1) Coordinating sampling efforts with other permitted
activities (i.e., PRBO and USFWS); (2) conducting slow movements and
staying close to the ground to prevent or minimize stampeding; (3)
avoiding loud noises (i.e., using hushed voices); (4) vacating the area
as soon as sampling of the site is completed; (5) monitoring the
offshore area for predators (such as killer whales and white sharks)
and avoid flushing of pinnipeds when predators are observed in
nearshore waters; (6) using binoculars to detect pinnipeds before close
approach to avoid being seen by animals; and (7) rescheduling work at
sites where pups are present, unless other means to accomplishing the
work can be done without causing disturbance to mothers and dependent
pups.
The methodologies and actions noted in this section will be
utilized and are included as mitigation measures in the IHA to ensure
that impacts to marine mammals are mitigated to the lowest level
practicable. The primary method of mitigating the risk of disturbance
to pinnipeds, which will be in use at all times, is the selection of
judicious routes of approach to abalone study sites, avoiding close
contact with pinnipeds hauled out on shore, and the use of extreme
caution upon approach. In no case will marine mammals be deliberately
approached by abalone survey personnel, and in all cases every possible
measure will be taken to select a pathway of approach to study sites
that minimizes the number of marine mammals potentially harassed. In
general, researchers will stay inshore of pinnipeds whenever possible
to allow maximum escape to the ocean. Each visit to a given study site
will last for approximately 4 hours, after which the site is vacated
and can be re-occupied by any marine mammals that may have been
disturbed by the presence of abalone researchers. By arriving before
low tide, worker presence will tend to encourage pinnipeds to move to
other areas for the day before they haul out and settle onto rocks at
low tide.
The following measures will be implemented to avoid disturbances to
elephant seal pups. Disturbances to females with dependent pups can be
mitigated to the greatest extent practicable by avoiding visits to
those intertidal sites with pinnipeds that are actively nursing, with
the exception of northern elephant seals. The time of year when GFNMS
plans to sample avoids disturbance to young, dependent pups, with the
exception of northern elephant seals. Thus, early February and
[[Page 68110]]
November, at minimum, are preferable for the intertidal survey work in
order to minimize the risk of harassment. Harassment of nursing
northern elephant seal pups may occur but only to a limited extent.
Disruption of nursing to northern elephant seal pups will occur only as
biologists pass by the area. No flushing of nursing northern elephant
seal pups is anticipated, and no disturbance to newborn northern
elephant seals (pups less than 1 week old) is anticipated. Moreover,
elephant seals have a much higher tolerance of nearby human activity
than sea lions or harbor seals. In the event of finding pinnipeds
breeding and nursing, the intertidal monitoring activities will be re-
directed to sites where these activities and behaviors are not
occurring. This mitigation measure will reduce the possibility of takes
by harassment and further reduce the remote possibility of serious
injury or mortality of dependent pups.
GFNMS will suspend sampling and monitoring operations immediately
if an injured marine mammal is found in the vicinity of the project
area and the abalone site sampling activities could aggravate its
condition.
NMFS has carefully evaluated GFNMS' 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.
Based on our evaluation of the final mitigation measures, NMFS has
determined that they 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 in the action area.
Currently many aspects of pinniped research are being conducted by
PRBO scientists on the Farallon Islands, which includes elephant seal
pup tagging and behavior observations with special notice to tagged
animals. Additional observations are always desired, such as
observations of pinniped carcasses bearing tags, as well as any rare or
unusual marine mammal occurrences. GFNMS' observations and reporting
will add to the observational database and on-going marine mammal
assessments on the Farallon Islands.
GFNMS can add to the knowledge of pinnipeds on the South Farallon
Islands by noting observations of: (1) Unusual behaviors, numbers, or
distributions of pinnipeds, such that any potential follow-up research
can be conducted by the appropriate personnel; (2) tag-bearing
carcasses of pinnipeds, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up.
Monitoring requirements in relation to GFNMS' abalone research
surveys include observations made by the applicant. Information
recorded will include species counts (with numbers of pups/juveniles),
numbers of observed disturbances, and descriptions of the disturbance
behaviors during the abalone surveys. Observations of unusual
behaviors, numbers, or distributions of pinnipeds on the South Farallon
Islands will be reported to NMFS and PRBO so that any potential follow-
up observations can be conducted by the appropriate personnel. In
addition, observations of tag-bearing pinniped carcasses as well as any
rare or unusual species of marine mammals will be reported to NMFS and
PRBO.
If at any time injury, serious injury, or mortality of the species
for which take is authorized should occur, or if take of any kind of
any other marine mammal occurs, and such action may be a result of the
abalone research, GFNMS will suspend research activities and contact
NMFS immediately to determine how best to proceed to ensure that
another injury or death does not occur and to ensure that the applicant
remains in compliance with the MMPA.
A draft final report must be submitted to NMFS Office of Protected
Resources within 60 days after the conclusion of the 2012-2013 field
season or 60 days prior to the start of the next field season if a new
IHA will be requested. The report will include a summary of the
information gathered pursuant to the monitoring requirements set forth
in the IHA. A final report must be submitted to the Director of the
NMFS Office of Protected Resources and to the NMFS Southwest Office
Regional Administrator within 30 days after receiving comments from
NMFS on the draft final report. If no comments are received from NMFS,
the draft final report will be considered to be the final report.
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].
All anticipated takes would be by Level B harassment, involving
temporary changes in behavior. The mitigation and monitoring measures
are expected to minimize the possibility of injurious or lethal takes
such that take by injury, serious injury, or mortality is considered
remote. Animals hauled out close to the actual survey sites may be
disturbed by the presence of biologists and may alter their behavior or
attempt to move away from the researchers. No motorized equipment is
involved in conducting the abalone monitoring surveys.
As discussed earlier, NMFS considers an animal to have been
harassed if it moved greater than 1 m (3.3 ft) in response to the
researcher's presence or if the animal was already moving and changed
direction and/or speed, or if the animal flushed into the water.
Animals that became alert without such movements were not considered
harassed. The distribution of pinnipeds hauled out on beaches is not
consistent throughout the year. The number of marine mammals disturbed
will vary by month and location. PRBO obtains weekly counts of
pinnipeds on the South Farallon Islands, dating back to the early
1970s. GFNMS used data collected by PRBO in February and November 2010
and 2011 (since those are the months they propose to conduct their
abalone monitoring in 2012 and
[[Page 68111]]
2013) to estimate the number of pinnipeds that may potentially be taken
by Level B (behavioral) harassment. Table 3 in GFNMS' IHA application
and Table 1 here present the maximum numbers of California sea lions,
harbor seals, northern elephant seals, northern fur seals, and Steller
sea lions that may be present at the various sampling sites in November
and February. As indicated in the table, some sites will be sampled in
both months and others only in one of the two survey months. Based on
this information, NMFS has authorized the take, by Level B harassment
only, of 6,850 California sea lions, 175 harbor seals, 225 northern
elephant seals, 20 northern fur seals, and 95 Steller sea lions. These
numbers are considered to be maximum take estimates; therefore, actual
take may be slightly less if animals decide to haul out at a different
location for the day or animals are out foraging at the time of the
survey activities.
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 a variety of factors, including but not limited to: (1)
The number of anticipated mortalities; (2) the number and nature of
anticipated injuries; (3) the number, nature, intensity, and duration
of Level B harassment; and (4) the context in which the take occurs.
No injuries, serious injuries, or mortalities are anticipated to
occur as a result of GFNMS' rocky intertidal monitoring surveys, and
none are authorized. The behavioral harassments that could occur would
be of limited duration, as researchers only conduct sampling two times
per year for a total of 4-8 days each time. Additionally, each site is
sampled for approximately 3-4 hours before moving to the next sampling
site. Therefore, disturbance will be limited to a short duration,
allowing pinnipeds to reoccupy the sites within a short amount of time.
Some of the pinniped species use the islands to conduct pupping
and/or breeding. However, with the exception of northern elephant
seals, GFNMS will conduct its abalone site sampling outside of the
pupping/breeding seasons. GFNMS will implement measures to minimize
impacts to northern elephant seals nursing or tending to dependent
pups. Such measures will likely avoid mother/pup separation or
trampling of pups.
BILLING CODE 3510-22-P
[[Page 68112]]
[GRAPHIC] [TIFF OMITTED] TN15NO12.103
BILLING CODE 3510-22-C
Of the five marine mammal species anticipated to occur in the
activity areas, only the Steller sea lion is listed as threatened under
the ESA. The species is also designated as depleted under the MMPA.
Table 2 in this document presents the abundance of each species or
stock, the authorized take estimates, and the percentage of the
affected populations or stocks that may be taken by harassment. Based
on these estimates, GFNMS would take less than 1% of each species or
stock, with the exception of the California sea lion, which would
result in an estimated take of 2.3% of the stock. Because these are
maximum estimates, actual take numbers are likely to be lower, as some
animals may select other haulout sites the day the researchers are
present.
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 required mitigation and
monitoring measures, NMFS finds that the rocky intertidal monitoring
program will result in the incidental take of small numbers of marine
mammals, by Level B harassment only, and that the total taking from the
rocky intertidal monitoring program will have a negligible impact on
the affected species or stocks.
[[Page 68113]]
Table 2--Population Abundance Estimates, Total Authorized Level B Take, and Percentage of Population That May Be
Taken for the Potentially Affected Species During the Proposed Rocky Intertidal Monitoring Program
----------------------------------------------------------------------------------------------------------------
Percentage of
Species Abundance* Total authorized stock or
level B take population
----------------------------------------------------------------------------------------------------------------
Harbor Seal............................................... 30,196 175 0.6
California Sea Lion....................................... 296,750 6,850 2.3
Northern Elephant Seal.................................... 124,000 225 0.2
Steller Sea Lion.......................................... 58,334-72,223 95 0.1-0.2
Northern Fur Seal......................................... 9,968 20 0.2
----------------------------------------------------------------------------------------------------------------
* Abundance estimates are taken from the 2011 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al.,
2012).
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. Therefore, NMFS has determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
There is one marine mammal species listed as threatened under the
ESA with confirmed or possible occurrence in the project area: the
eastern U.S. stock of Steller sea lion. NMFS' Permits and Conservation
Division conducted consultation with NMFS' Endangered Species Division,
Southwest Regional Office, under section 7 of the ESA on the issuance
of an IHA to GFNMS under section 101(a)(5)(D) of the MMPA for this
activity. In October 2012, NMFS finished conducting its section 7
consultation and issued a Biological Opinion, and concluded that the
issuance of the IHA associated with GFNMS' rocky intertidal monitoring
program is not likely to jeopardize the continued existence of the
threatened eastern U.S. stock of Steller sea lion or result in the
destruction or adverse modification of critical habitat for the
species. 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)
NMFS has prepared an EA that includes an analysis of potential
environmental effects associated with NMFS' issuance of an IHA to GFNMS
to take marine mammals incidental to conducting rocky intertidal
monitoring surveys on the South Farallon Islands, California. NMFS has
finalized the EA and prepared a FONSI for this action. Therefore,
preparation of an Environmental Impact Statement is not necessary.
Authorization
As a result of these determinations, NMFS has authorized the take
of marine mammals incidental to GFNMS' rocky intertidal and black
abalone monitoring research activities, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: November 8, 2012.
Helen M. Golde,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2012-27817 Filed 11-14-12; 8:45 am]
BILLING CODE 3510-22-P