[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)] [Notices] [Page 22834] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 99-10641] [[Page 22834]] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 011999A] Small Takes of Marine Mammals Incidental to Specified Activities; La Jolla Children's Pool Beach Management and Water Quality Project AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of withdrawal of a request for a small take exemption authorization. ----------------------------------------------------------------------- SUMMARY: On April 8, 1999, NMFS was notified by the City of San Diego's Park and Recreation Department that it was withdrawing its request for an authorization under the Marine Mammal Protection Act (MMPA) to take small numbers of Pacific harbor seals by harassment incidental to excavating and removing beach sand at the La Jolla Children's Pool, La Jolla, CA. ADDRESSES: A copy of the application and/or the letter of withdrawal may be obtained by writing to Donna Wieting, Acting Chief, Marine Mammal Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3225 or by telephoning one of the contacts listed in FOR FURTHER INFORMATION CONTACT. FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of Protected Resources at 301-713-2055, or Joe Cordaro, Southwest Regional Office at 562-980-4017. SUPPLEMENTARY INFORMATION: On December 28, 1998, NMFS received a request from the City of San Diego for authorization under section 101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) to take small numbers of Pacific harbor seals (Phoca vitulina) and possibly 1 to 2 California sea lions (Zalophus californianus) and northern elephant seals (Mirounga angustirostris) by harassment incidental to excavating and removing 3,000 yd3 (2,295 m3) of beach sand at the La Jolla Children's Pool. The La Jolla Children's Pool was constructed in 1931 to provide a sheltered swimming area for children in La Jolla. Over time, the beach behind the breakwater has gradually widened as sand has accumulated in the sheltered pool. By 1998, the shoreline had advanced to near the end of the breakwater, at the mouth of the pool, leaving very little area for recreational swimming. The lack of a protected swimming area and the proximity to dangerous rip current conditions near the breakwater opening have created significant safety concerns. In addition to the restricted use and associated dangers due to sand accretion, recreational use has been further compromised by a population of harbor seals that regularly use the Children's Pool area as a haul-out area. Seal feces from the concentrated harbor seal population have resulted in fecal coliform bacteria counts that significantly exceed State water quality standards for bathing beaches and body contact areas. DNA testing has confirmed the harbor seal population as the source of the bacterial contamination. As a result, the Children's Pool has been determined unsafe for human contact and has been closed to the public for all water contact since September 4, 1997. Moreover, the presence of the large seal population attracts large numbers of non-bathing observers to the beach area. This interaction has raised additional safety concerns for both humans and the seals. The La Jolla Children's Pool Beach Management and Water Quality Project proposed to restore a safe swimming area and acceptable water quality to the pool by reducing the beach width. Out of 4,200 yd3 (3,213 m3) of sand in the pool area, approximately 3,000 yd3 (2,295 m3) was to have been excavated and removed to narrow the beach. The City of San Diego expected that, by excavating and enlarging the area available for recreational swimming, it would provide a safe region for the public away from the dangerous rip currents, and, by reducing the area available for harbor seals, water quality levels are expected to return to former levels that were acceptable and safe for human contact. A notice of receipt of the application and proposed incidental harassment authorization issued under the MMPA was published on February 22, 1999 (64 FR 8548), and a 30-day public comment period was provided on the application and proposed authorization. Several comments were received during the comment period. Subsequent to the close of the comment period, on April 8, 1999, NMFS was notified by the Park and Recreation Department that it was withdrawing its request for an authorization under section 101(a)(5)(D) of the MMPA to take small numbers of Pacific harbor seals by harassment incidental to excavating and removing beach sand at the La Jolla Children's Pool, La Jolla, CA. The letter noted that the City will be evaluating alternatives to sand removal in order to reduce the level of fecal contamination in the pool waters and may submit a renewed application in the future. Dated: April 22, 1999. Hilda Diaz-Soltero, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 99-10641 Filed 4-27-99; 8:45 am] BILLING CODE 3510-22-F