[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Notices]
[Pages 79403-79408]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-31196]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XC893
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Rocky Intertidal Monitoring Surveys
Along the Oregon and California Coasts
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 Partnership for
Interdisciplinary Study of Coastal Oceans (PISCO) at the University of
California (UC) Santa Cruz for an Incidental Harassment Authorization
(IHA) to take marine mammals, by harassment, incidental to rocky
intertidal monitoring surveys.
DATES: Effective December 17, 2013, through December 16, 2014.
ADDRESSES: A copy of the authorization, application, and associated
Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) 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.''
[[Page 79404]]
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 July 10, 2013, NMFS received an application from PISCO for the
taking of marine mammals incidental to rocky intertidal monitoring
surveys along the Oregon and California coasts. NMFS determined that
the application was adequate and complete on July 31, 2013. On October
30, 2013, 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 (78 FR 64918). The
notice initiated a 30-day public comment period. Responses are
discussed below. In December 2012, NMFS issued a 1-year IHA to PISCO to
take marine mammals incidental to these same proposed activities (77 FR
72327, December 5, 2012). That IHA expired on December 2, 2013.
The research group at UC Santa Cruz operates in collaboration with
two large-scale marine research programs: PISCO and the Multi-agency
Rocky Intertidal Network. The research group at UC Santa Cruz (PISCO)
is responsible for many of the ongoing rocky intertidal monitoring
programs along the Pacific coast. Monitoring occurs at rocky intertidal
sites, often large bedrock benches, from the high intertidal to the
water's edge. Long-term monitoring projects include Community Structure
Monitoring, Intertidal Biodiversity Surveys, Marine Protected Area
Baseline Monitoring, Intertidal Recruitment Monitoring, and Ocean
Acidification. Research is conducted throughout the year along the
California and Oregon coasts and will continue indefinitely. Most sites
are sampled one to two times per year over a 4-6 hour period during a
negative low tide series. This IHA is only effective for a 12-month
period. The following specific aspects of the proposed 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 three species of marine mammals is anticipated to result
from the specified activity.
Description of the Specified Activity and Specified Geographic Region
PISCO focuses on understanding the nearshore ecosystems of the U.S.
west coast through a number of interdisciplinary collaborations. PISCO
integrates long-term monitoring of ecological and oceanographic
processes at dozens of sites with experimental work in the lab and
field. A short description of each project is contained here.
Additional information can be found in PISCO's application (see
ADDRESSES) and the Notice of Proposed IHA (78 FR 64918, October 30,
2013).
Community Structure Monitoring involves the use of permanent
photoplot quadrats which target specific algal and invertebrate
assemblages (e.g. mussels, rockweeds, barnacles). This project provides
managers with insight into the causes and consequences of changes in
species abundance. Each Community Structure site is surveyed over a 1-
day period during a low tide series one to two times a year. Sites,
location, number of times sampled per year, and typical sampling months
for each site are presented in Table 1 in PISCO's application (see
ADDRESSES).
Biodiversity Surveys, which are part of a long-term monitoring
project and are conducted every 3-5 years at established sites, involve
point contact identification along permanent transects, mobile
invertebrate quadrat counts, sea star band counts, and tidal height
topographic measurements. Table 2 in PISCO's application (see
ADDRESSES) lists established biodiversity sites in Oregon and
California. No Biodiversity Surveys are planned to be conducted during
the 12-month period of this IHA.
In September 2007, the state of California began establishing a
network of Marine Protected Areas along the California coast as part of
the Marine Life Protection Act (MLPA). Under baseline monitoring
programs funded by Sea Grant and the Ocean Protection Council, PISCO
established additional intertidal monitoring sites in the Central Coast
(Table 3 in PISCO's application), North Central Coast (Table 4 in
PISCO's application), and South Coast (Table 5 in PISCO's application)
study regions.
Intertidal recruitment monitoring collects data on invertebrate
larval recruitment. Mussel and other bivalve recruits are collected in
mesh pot-scrubbers bolted into the substrate. Barnacle recruits and
cyprids are collected on PVC plates covered in non-slip tape and bolted
to the substrate.
The Ocean Margin Ecosystems Group for Acidification Studies is a
National Science Foundation funded project that involves research at
eight sites along the California Current upwelling system from Southern
California into Oregon. PISCO is responsible for research at three of
these sites--Hopkins, Terrace Point, and Soberanes--located in the
Monterey Bay region of mainland California. The intention of this
collaboration is to monitor oceanic pH on large spatial and temporal
scales and to determine if any relationship exists between changing
ocean chemistry and the state of intertidal calcifying organisms.
During summer 2014, PISCO will sample eight sites along the Oregon
coast (see Table 7 in PISCO's application) using a combination of
community structure and biodiversity survey methods to establish a
baseline prior to the proposed installation of several wave energy
conversion device arrays. This baseline will be used to assess the
effects of the arrays on nearshore communities.
Specified Geographic Location and Activity Timeframe
PISCO's research is conducted throughout the year along the
California and Oregon coasts. Most sites are sampled one to two times
per year over a 1-day period (4-6 hours per site) during a negative low
tide series. Due to the large number of research sites, scheduling
constraints, the necessity for negative low tides and favorable
weather/ocean conditions, exact survey dates are variable and difficult
to predict. Table 1 in PISCO's application (see ADDRESSES) outlines the
typical sampling season for the various locations. Some sampling is
anticipated to occur in all months, except for January, August, and
September.
The intertidal zones where PISCO conducts intertidal monitoring are
also areas where pinnipeds can be found hauled out on the shore at or
adjacent to some research sites. Accessing portions of the intertidal
habitat may cause incidental Level B (behavioral)
[[Page 79405]]
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);
and northern elephant seals (Mirounga angustirostris).
Comments and Responses
A Notice of Proposed IHA was published in the Federal Register on
October 30, 2013 (78 FR 64918) for public comment. During the 30-day
public comment period, NMFS received one letter from the Marine Mammal
Commission and one letter from a private citizen. No other
organizations 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 (78 FR 64918, October
30, 2013) in the issued IHA. The letter from the private citizen did
not contain any substantive comments.
Description of Marine Mammals in the Area of the Specified Activity
Several pinniped species can be found along the California and
Oregon coasts. The three that are most likely to occur at some of the
research sites are California sea lion, harbor seal, and northern
elephant seal. On rare occasions, PISCO researchers have seen very
small numbers (i.e., five or fewer) of Steller sea lions at one of the
sampling sites. These sightings are rare. Therefore, encounters are not
expected. However, if Steller sea lions are sighted before approaching
a sampling site, researchers will abandon approach and return at a
later date. For this reason, this species is not considered further in
this IHA notice.
We refer the public to Carretta et al. (2013) for general
information on these species. The publication is available on the
internet at: http://www.nmfs.noaa.gov/pr/sars/pdf/po2012.pdf.
Additional information on the status, distribution, seasonal
distribution, and life history can also be found in PISCO's application
and NMFS' Notice of Proposed IHA (78 FR 64918, October 30, 2013). The
information has not changed and is therefore not repeated here.
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 2 km (1.2 mi) of shore. This
species is managed by the U.S. Fish and Wildlife Service 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 at sampling sites. 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 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 (78 FR 64918, October 30, 2013) 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, researchers will visit sites one to two times per year
for a total of 4-6 hours per visit. 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 pups are only
found at a couple of the sampling locations during certain times of the
year and that many rookeries occur on the offshore islands and not the
mainland areas where the activities would occur. 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
placement of permanent bolts and other sampling equipment in the
intertidal. Bolts are installed during the set-up of a site and, at
existing sites, this has already occurred. In some instances, bolts
will need to be replaced or installed for new plots. Bolts are 7.6 to
12.7 cm (2 to 5 in) long, stainless steel 1 cm (\3/8\ in) Hex or
Carriage bolts. They are installed by drilling a hole with a battery
powered DeWalt 24 volt rotary hammer drill with a 1 cm (\3/8\ in) bit.
The bolts protrude 1.3-7.6 cm (0.5-3 in) above the rock surface and are
held in place with marine epoxy. Although the drill does produce
noticeable noise, researchers have never observed an instance where
near-by or offshore marine mammals were disturbed by it. Any marine
mammal at the site would likely be disturbed by the presence of
researchers and retreat to a distance where the noise of the drill
would not increase the disturbance. In most instances, wind and wave
noise also drown out the noise of the drill. The installation of bolts
and other sampling equipment is conducted under the appropriate permits
(Monterey Bay National Marine Sanctuary, California State Parks). Once
a particular study has ended, the respective sampling equipment is
removed. No trash or field gear is left at a site. Thus, the proposed
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
[[Page 79406]]
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).
PISCO shall implement several mitigation measures to reduce
potential take by Level B (behavioral disturbance) harassment. Measures
include: (1) Conducting slow movements and staying close to the ground
to prevent or minimize stampeding; (2) avoiding loud noises (i.e.,
using hushed voices); (3) avoiding pinnipeds along access ways to sites
by locating and taking a different access way and vacating the area as
soon as sampling of the site is completed; (4) 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;
(5) using binoculars to detect pinnipeds before close approach to avoid
being seen by animals; (6) only flushing pinnipeds if they are located
in the sampling plots and there are no other means to accomplish the
survey (however, flushing must be done slowly and quietly so as not to
cause a stampede); (7) no intentional flushing if pups are present at
the sampling site; and (8) rescheduling sampling if Steller sea lions
are present at the site.
The methodologies and actions noted in this section will be
utilized and 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 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
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 4-6 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 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.
PISCO will suspend sampling and monitoring operations immediately
if an injured marine mammal is found in the vicinity of the project
area and the monitoring activities could aggravate its condition.
NMFS has carefully evaluated PISCO's 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 applicant's final measures, NMFS has
determined that the 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 in the proposed action area.
PISCO can add to the knowledge of pinnipeds in California and
Oregon 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 PISCO's rocky intertidal
monitoring will include observations made by the applicant. Information
recorded will include species counts (with numbers of pups/juveniles
when possible), numbers of observed disturbances, and descriptions of
the disturbance behaviors during the monitoring surveys, including
location, date, and time of the event. In addition, observations
regarding the number and species of any marine mammals observed, either
in the water or hauled out, at or adjacent to the site, will be
recorded as part of field observations during research activities.
Observations of unusual behaviors, numbers, or distributions of
pinnipeds will be reported to NMFS so that any potential follow-up
observations can be conducted by the appropriate personnel. In
addition, observations of tag-bearing pinniped carcasses as well as any
rare or unusual species of marine mammals will be reported to NMFS.
Information regarding physical and biological conditions pertaining to
a site, as well as the date and time that research was conducted will
also be noted.
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
research, PISCO 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 2013-2014 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
[[Page 79407]]
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.
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.
For the purpose of this IHA, only Oregon and California sites that
are frequently sampled and have a marine mammal presence during
sampling were included in take estimates. Sites where only Biodiversity
Surveys are conducted were not included due to the infrequency of
sampling and rarity of occurrences of pinnipeds during sampling. In
addition, Steller sea lions are not included in take estimates as they
will not be disturbed by researchers or research activities since
activities will not occur or will be suspended if Steller sea lions are
present. A small number of harbor seal and northern elephant seal pup
takes are anticipated as pups may be present at several sites during
spring and summer sampling.
Takes estimates are based on marine mammal observations from each
site. Marine mammal observations are done as part of PISCO site
observations, which include notes on physical and biological conditions
at the site. The maximum number of marine mammals, by species, seen at
any given time throughout the sampling day is recorded at the
conclusion of sampling. A marine mammal is counted if it is seen on
access ways to the site, at the site, or immediately up-coast or down-
coast of the site. Marine mammals in the water immediately offshore are
also recorded. Any other relevant information, including the location
of a marine mammal relevant to the site, any unusual behavior, and the
presence of pups is also noted.
These observations formed the basis from which researchers with
extensive knowledge and experience at each site estimated the actual
number of marine mammals that may be subject to take. In most cases the
number of takes is based on the maximum number of marine mammals that
have been observed at a site throughout the history of the site (2-3
observation per year for 5-10 years or more). Section 6 in PISCO's
application outlines the number of visits per year for each sampling
site and the potential number of pinnipeds anticipated to be
encountered at each site. Table 8 in PISCO's application outlines the
number of potential takes per site (see ADDRESSES).
Based on this information, NMFS has authorized the take, by Level B
harassment only, of 60 California sea lions, 337 harbor seals, and 36
northern elephant seals. 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 typically includes our negligible impact and small numbers
analyses and determinations under the same section heading of our
Federal Register notices. Despite co-locating these terms, we
acknowledge that negligible impact and small numbers are distinct
standards under the MMPA and treat them as such. The analyses presented
below do not conflate the two standards; instead, each standard has
been considered independently, and we have applied the relevant factors
to inform our negligible impact and small numbers 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 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 or mortalities are anticipated to occur as a result of
PISCO's rocky intertidal monitoring, and none are authorized. The
behavioral harassments that could occur would be of limited duration,
as researchers only conduct sampling one to two times per year at each
site for a total of 4-6 hours per sampling event. 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 may use some of the sites during
certain times of year to conduct pupping and/or breeding. However, some
of these species prefer to use the offshore islands for these
activities. At the sites where pups may be present, PISCO will
implement certain mitigation measures, such as no intentional flushing
if dependent pups are present, which will avoid mother/pup separation
and trampling of pups.
Of the three marine mammal species anticipated to occur in the
activity areas, none are listed under the ESA. Table 1 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, PISCO would
take less than 2.1% of each species or 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 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 79408]]
Table 1--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............................................ \1\ 30,196 337 1.1-2.1
\2\ 16,165
California Sea Lion.................................... 296,750 60 0.02
Northern Elephant Seal................................. 124,000 36 0.03
----------------------------------------------------------------------------------------------------------------
* Abundance estimates are taken from the 2012 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al.,
2013).
\1\ California stock abundance estimate.
\2\ Oregon/Washington stock abundance estimate.
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)
None of the marine mammals for which incidental take is authorized
are listed as threatened or endangered under the ESA. NMFS' Permits and
Conservation Division worked with the NMFS Southwest Regional Office to
ensure that Steller sea lions would be avoided and incidental take
would not occur. Therefore, NMFS has determined that issuance of the
IHA to PISCO under section 101(a)(5)(D) of the MMPA will have no effect
on species listed as threatened or endangered under the ESA.
National Environmental Policy Act (NEPA)
In 2012, we prepared an EA analyzing the potential effects to the
human environment from conducting rocky intertidal surveys along the
California and Oregon coasts and issued a FONSI on the issuance of an
IHA for PISCO's rocky intertidal surveys in accordance with section
6.01 of the NOAA Administrative Order 216-6 (Environmental Review
Procedures for Implementing the National Environmental Policy Act, May
20, 1999). PISCO's proposed activities and impacts for 2013-2014 are
within the scope of our 2012 EA and FONSI. We have reviewed the 2012 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 we, therefore, reaffirm
the 2012 FONSI.
Authorization
As a result of these determinations, NMFS has authorized the take
of marine mammals incidental to PISCO's rocky intertidal monitoring
research activities, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated.
Dated: December 23, 2013.
Perry Gayaldo,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2013-31196 Filed 12-27-13; 8:45 am]
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