[Federal Register Volume 73, Number 128 (Wednesday, July 2, 2008)]
[Notices]
[Pages 37936-37938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15051]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI62
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay
National Marine Sanctuary, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of a letter of authorization.
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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) and
implementing regulations, notification is hereby given that a 1-year
Letter of Authorization (LOA) has been issued to the Monterey Bay
National Marine Sanctuary (MBNMS) to incidentally take, by Level B
harassment only, California sea lions (Zalophus californianus) and
Pacific harbor seals (Phoca vitulina) incidental to professional
fireworks displays within the MBNMS in California waters.
DATES: This authorization is effective from July 4, 2008, through July
3, 2009.
ADDRESSES: The LOA and supporting documentation are available for
review in the Permits, Conservation, and Education Division, Office of
Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD
20910, by contacting one of the individuals listed here (FOR FURTHER
INFORMATION CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed,
by appointment, during regular business hours, at the aforementioned
address and at the Southwest Region, NMFS, 501 West Ocean Boulevard,
Suite 4200, Long Beach, CA 90802.
FOR FURTHER INFORMATION CONTACT: Jeannine Cody, Jaclyn Daly, or Jolie
Harrison, Office of Protected Resources, NMFS, (301) 713-2289, or
Monica DeAngelis, Southwest Regional Office, NMFS, (562) 980-4023.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs
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 regulations are issued. Under the MMPA, the term ``taking''
means to harass, hunt, capture, or kill or to attempt to harass, hunt,
capture or kill marine mammals.
Authorization shall be granted for periods up to 5 years if NMFS
finds, after notification and opportunity for public comment, that the
taking will have a negligible impact on the species or stock(s) of
marine mammals and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses. In
addition, NMFS must prescribe regulations that include permissible
methods of taking and other means effecting the least practicable
adverse impact on the species and its habitat and on the availability
of the species for subsistence uses, paying particular attention to
rookeries, mating grounds, and areas of similar significance. The
regulations must include requirements for monitoring and reporting of
such taking.
Regulations governing the taking of California sea lions and
Pacific harbor seals, by Level B harassment, incidental to commercial
fireworks displays within the Monterey Bay National Marine Sanctuary
(MBNMS) became effective on July 4, 2006, and remain in effect until
July 3, 2011. For detailed information on this action, please refer to
the original Federal Register notice (71 FR 40928, July 19, 2006).
These regulations include mitigation, monitoring, and reporting
requirements for the incidental taking of marine mammals during the
fireworks displays within the Sanctuary boundaries. This will be the
third LOA issued pursuant to these regulations.
Summary of Request
On February 27, 2008, NMFS received a request for a LOA pursuant to
the aforementioned regulations that would authorize, for a period not
to exceed 1 year, take of marine mammals incidental to fireworks
displays at the MBNMS. Justification for conducting fireworks displays
within the MBNMS can be found in the proposed rule (71 FR 25544, May 1,
2006).
Summary of Activity and Monitoring Under the Current LOA
For the City of Monterey Independence Day Fireworks Celebration,
MBNMS was required to: (i) conduct counts of marine mammals present
within the fireworks impact area immediately before and one day after
the event; (ii) conduct behavioral observations of marine mammals
present during the display; and (iii) conduct NMFS-approved acoustic
monitoring of sound levels for the duration of the event. The
regulations set forth in 50 CFR 216.115 (b)(1-2) specified that the
behavioral census and acoustic study were one-time events. To fulfill
these requirements, MBNMS contracted with a private environmental
consulting firm to conduct the acoustic and behavioral study and
submitted a 91-page report titled, ``Marine Mammal Acoustic and
Behavioral Monitoring for the Monterey Bay National Marine Sanctuary
Fireworks Display 4 July 2007.'' to NMFS on November 8, 2007. Following
is a summary of that report.
Acoustic Monitoring
The acoustic technician used two separate systems to monitor sound
levels in the environment on July 4, 2007. The first system, customized
for recording low frequency sounds associated with impulsive noise such
as explosions, consisted of a digital audio tape recorder and a
microphone with a low frequency cut-off. The second acoustic monitoring
system, a sound level meter, measured the sound pressure associated
with fireworks shell detonations during the display.
Acoustic monitoring began at 6 p.m. on July 4, 2007. Consultants
placed the monitoring equipment at the east end of the U.S. Coast Guard
(USCG) pier approximately 800 meters from the fireworks launch site to
measure ambient noise, sea lion vocalizations, fireworks detonations,
and aircraft noise. From 6 p.m. to 9 p.m. PDT, the average sound level
measured over one hour (Leq 1 hour) ranged from 58.8 to 59 decibels
(dB) and included sounds from sea lions barking, random fireworks in
the local area, and recreational boat traffic.
The fireworks display began at 9:15 p.m. PDT with two sets of
fireworks detonations and ended with a grand finale of multiple
explosions at 9:35 p.m. PDT. The average sound level measured during
the hour containing the fireworks display was 72.9 dB (Leq 1 hour),
approximately 14.0 dB greater than ambient levels recorded before the
display.
[[Page 37937]]
During a fireworks display, aerial shells are launched from tubes
(called mortars) to altitudes of 200 to 1,000 feet above sea level. As
the shell travels skyward, a time-delay secondary fuse is burning that
eventually ignites a burst charge at a predetermined altitude. When the
burst charge detonates, it ignites and scatters incendiary chemicals
that spectators view as fireworks. Fireworks launch noises are known to
cause a startle response or initiate a flight to water response in
marine mammals.
Peak sound level (peak) is the greatest instantaneous sound level
reached during a sound event and is denoted in the units of Pascals
(Pa). The loudest sound recorded during the event was associated with a
detonation of a 10-inch shell (9:18 p.m. PDT) measured at 133.9 dB re:
20 microPa (peak). Sound exposure level (SEL) is a measure of the total
sound energy in a sound event if that event could be compressed into
one second. The detonation of the 10-inch shell had an unweighted SEL
of 105.0 dB re: (20 microPa)2 -s. The second loudest sound
recorded was associated with an 8-inch shell (9:23 p.m. PDT) measured
at 127.0 dB re: 20 microPa (peak) with an unweighted SEL of 90.1 dB re:
(20 microPa)2 -s.
Overall, the fireworks launch noises generated in the display were
low- to mid-frequency and ranged from 97 to 107 dB re: 20 microPa and
the majority of the fireworks detonations ranged from 112 to 124 dB re:
20 microPa.
Behavioral Monitoring
A NMFS-approved marine mammal observer conducted a visual census of
the California sea lion and Pacific harbor seal haulout sites on July
4, 2007. The observer conducted the census aboard the MBNMS vessel P/B
Shark Cat in the vicinity of the southern side of the jetty and the
western end of Monterey Harbor. The observer used high quality
binoculars during the daytime and night vision goggles during night
time hours. The observer counted species present; recorded the
location, age, class, and gender of the species; and measured tidal
height, wind speed, and air temperature.
Visual monitoring for California sea lions began at 4:27 p.m. PDT
on July 4, 2007, and continued until 11:05 p.m. PDT, almost two hours
after the conclusion of the fireworks display. Visual monitoring for
Pacific harbor seals began at 6:50 p.m. and ended at 10:47 p.m. PDT.
The weather and harbor state provided optimal conditions for both
daytime and night observations.
Pre-Event Monitoring
Pre-event behavioral monitoring for California sea lions began at
4:27 p.m. and continued to 10:45 p.m. PDT. Most sea lions were hauled
out on the north and south sides of the jetty to the east of the USCG
pier. The observer enumerated a total of 258 sea lions located on the
north (n=115) and south (n=133) sides of the jetty and underneath the
USCG pier (n=10) from 7:40 to 8:18 p.m. PDT. Most were yearlings or
juveniles (2 to 4 years old). Two sub adult males (approximately 5 to 6
years old) were also observed and appeared to be practicing holding a
water territory. With the exception of the sub adult males, the
observer found it difficult to determine the gender of the other sea
lions. For the next thirty minutes, the number of sea lions hauled out
was steady (n=258) until approximately 8:45 p.m. PDT when several boats
passed by the end of the jetty and shot off their own fireworks and
firecrackers, causing 86 sea lions to enter the water. At this point,
the number of seal lions hauled out on the jetty decreased to a total
of 172, with 59 sea lions on the north side of the jetty and 103 seal
lions on the south side. The number of sea lions hauled out by the USCG
pier remained constant at ten.
Pre-event behavioral monitoring for the Pacific harbor seals began
at 6:50 p.m. PDT and continued to 8:38 p.m. PDT. From 6:50 to 8 p.m.
PDT, eight harbor seals were hauled out on exposed rocks just offshore
of the western end of the harbor. As the tide was up to 0.8 meters,
there were few places for the harbor seals to haul out. At 8:38 p.m.
PDT, the observer recorded four harbor seals hauled out and two harbor
seals in the water.
Monitoring During the Display
Behavioral monitoring during the fireworks display began at 9:16
p.m. and continued until 9:37 p.m. PDT. By 9:16 p.m. PDT, approximately
166 sea lions had already flushed from the jetty and under the USCG
pier most likely due to recreational boaters shooting fireworks near
the jetty, kayakers, and extraneous fireworks noise. This left only six
sea lions (2 to 3 year olds) resting under the USCG pier at the start
of the fireworks display. By the fourth fireworks detonation, all
remaining sea lions had entered the water. This last flush is likely
correlated with an 8-inch shell detonated at 9:16 p.m. PDT. Despite the
detonations, the observer noted that the sea lions entered the water at
a relatively slow rate without injury.
There were 18 different instances of sea lion vocalizations
recorded throughout the fireworks display. The first recording of sea
lion vocalizations occurred at 9:19 p.m. PDT, one second after an
explosion with crackles. The last group of vocalizations was recorded
at 9:36 p.m. PDT, about one minute after the fireworks finale.
The observer reported that all of the remaining harbor seals at the
western end of the harbor had flushed at the beginning of the fireworks
display after hearing the first set of detonations.
Post-Event Monitoring
Post-event behavioral monitoring of the sea lion sites began at
9:37 p.m. PDT. The first sea lion (a sub-adult male) to return to the
jetty hauled out at 9:55 p.m. PDT, approximately 21 minutes after the
conclusion of the fireworks. According to the report, it was practicing
holding a territory at the end of the jetty. By 10:30 p.m. PDT, the
sub-adult male was accompanied by three additional sea lions. No
information was given as to the age, gender, or class of the three. The
observer noted that no sea lions returned to the USCG pier (the last
occupied haulout site for sea lions pre-event) after the fireworks
display.
Behavioral monitoring of the harbor seal site continued until 10:47
p.m. PDT, 70 minutes after the conclusion of the fireworks display. No
animals were observed in the water nor on land.
On July 5, 2007 observers conducted a follow-up census from 8:10 to
09:12 a.m. PDT. The census revealed up to 291 California sea lions and
31 harbor seals at their respective haul out sites. No injured or dead
animals were observed that day.
These data indicate that California sea lions and Pacific harbor
seals were temporarily displaced from haulout sites during the City of
Monterey Independence Day Fireworks Celebration. Several factors
contributed to displacement including: noise associated with
recreational boaters shooting fireworks near the jetty; increased
presence of kayakers in the harbor; extraneous fireworks in the local
area; and the display coinciding with a high tide leaving smaller areas
for haulout. Acoustic data indicated that, although sea lions flushed
into the water, they remained in the harbor during the fireworks
display as the recording equipment captured over 18 instances of sea
lion vocalizations during the display. In conclusion, the fireworks
display caused a short-term disruption in behavior as the sea lions and
harbor seals continued to use the haul out sites post event.
In addition to the acoustic and behavioral studies conducted during
the
[[Page 37938]]
City of Monterey Independence Day Fireworks Celebration, the MBNMS
submitted an annual monitoring report on four other professional
fireworks displays at MBNMS in 2007. A summary of that report follows.
For each display, observers conducted pre-event surveys to document
abundance and distribution of local marine mammal populations within
the fireworks area. Following the fireworks display, observers
conducted post-event monitoring to record the presence of injured or
dead marine mammals, and other wildlife. Pre-event monitoring of the
Cambria Independence Day Fireworks on July 3 found no animals present
at the site and a post-event census on July 5 found no dead or injured
mammals or birds. Observers monitored the Pillar Point Harbor area for
the Half Moon Bay Independence Day Fireworks on July 4 and recorded one
harbor seal, one sea otter (Enhydra lutris), and 712 brown pelicans
(Pelecanus occidentalis) pre-event. Post-event monitoring on July 5
revealed no dead or injured mammals or birds. The Pacific Grove Feast
of Lanterns Fireworks display consisted of enumerating all marine
mammals observed within 400 meters of the fireworks launch site. On
July 27, observers found eight harbors seals, one sea otter and
reported no dead or injured mammals post event on July 29.
In summary, the total number of potentially harassed animals was
258 sea lions and 17 harbor seals for all fireworks displays. No dead
or injured marine mammals were reported for all events. Similar to the
results of the 2006 LOA monitoring report, these results support NMFS'
initial findings that fireworks display will result in no more than
Level B harassment of small numbers of California sea lions and harbor
seals. These effects are limited to short-term behavioral changes,
including temporary abandonment of haulouts to avoid sound and light
flashes of professional fireworks displays.
Authorization
NMFS has issued an LOA to MBNMS authorizing the Level B harassment
of marine mammals incidental to the coastal commercial fireworks
display within the Sanctuary. Issuance of this LOA is based on the
results of the MBNMS 2007 monitoring report which verify that the total
number of potentially harassed sea lions and harbor seals was well
below the authorized limits as stated in the final rule (71 FR 40928,
July 19, 2006). Based on these findings and the information discussed
in the preamble to the final rule, the activities described under this
LOA will have a negligible impact on marine mammal stocks and will not
have an unmitigable adverse impact on the availability of the affected
marine mammal stock for subsistence uses. No mortality or injury of
affected species is anticipated.
Dated: June 26, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. E8-15051 Filed 7-1-08; 8:45 am]
BILLING CODE 3510-22-S