10564 Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 

Authority: 16 U.S.C. 6902. 

Dated: February 22, 2011. 

Margo Schulze-Haugen, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2011–4296 Filed 2–24–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA191 

Takes of Marine Mammals Incidental to 

Specified Activities; St. George Reef 

Light Station Restoration and 

Maintenance at Northwest Seal Rock, 

Del Norte County, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

take authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an Incidental 

Harassment Authorization (IHA) to the 

St. George Reef Lighthouse Preservation 

Society (SGRLPS) to incidentally harass, 

by Level B harassment only, four 

species of marine mammals during 

aircraft operations, and lighthouse 

renovation and light maintenance 

activities on the St. George Reef Light 

Station on Northwest Seal Rock (NWSR) 

in the northeast Pacific Ocean, from the 

period of February 18, 2011, through 

April 30, 2011, or during the period of 

November 1, 2011, through December 

31, 2011. 

DATES: This authorization is effective 

from February 18, 2011, through April 

30, 2011, and during the period of 

November 1, 2011, through December 

31, 2011. 

ADDRESSES: A copy of the IHA and 

application are available by writing to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

Marine Fisheries Service, 1315 EastWest Highway, Silver Spring, MD 

20910. A copy of the application 

containing a list of the references used 

in this document may be obtained by 

writing to the above address, 

telephoning the contact listed here (see 

FOR FURTHER INFORMATION CONTACT) or 

visiting the Internet at: http:// 

www.nmfs.noaa.gov/pr/permits/ 

incidental.htm#applications. The 

following associated documents are also 

available at the same Internet address: 

Environmental Assessment (EA) 

prepared by NMFS; and the finding of 

no significant impact (FONSI). 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, NMFS, Office of 

Protected Resources, NMFS, (301) 713– 

2289 or Monica DeAngelis, NMFS 

Southwest Regional Office, (562) 980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the MMPA (16 

U.S.C. 1371(a)(5)(D)) directs the 

Secretary of Commerce to authorize, 

upon request, the incidental, but not 

intentional, taking by harassment of 

small numbers of marine mammals of a 

species or population stock, by United 

States citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region if 

certain findings are made, and a notice 

of a proposed authorization is provided 

to the public for review. 

Authorization for incidental taking of 

small numbers of marine mammals shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

species or stock(s), and will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). The 

authorization must set forth the 

permissible methods of taking, other 

means of effecting the least practicable 

adverse impact on the species or stock 

and its habitat, and monitoring and 

reporting of such takings. 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 

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 small numbers of marine 

mammals. Within 45 days of the close 

of the public 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 

NMFS received a letter on October 13, 

2010, from the SGRLPS requesting the 

taking by harassment, of small numbers 

of marine mammals, incidental to 

aircraft operations and restoration and 

maintenance activities on the St. George 

Reef Light Station (Station). At NMFS’ 

request, the SGRLPS submitted a 

complete and adequate application on 

November 3, 2010. The SGRLPS aims to: 

(1) Restore and preserve the Station on 

a monthly basis (November 1–April 30, 

annually); and (2) perform periodic, 

annual maintenance on the Station’s 

optical light system. 

The Station, which is listed in the 

National Park Service’s National 

Register of Historic Places, is located on 

Northwest Seal Rock (NWSR) offshore 

of Crescent City, California in the 

northeast Pacific Ocean. 

The specified activities would occur 

in the vicinity of a possible pinniped 

haul out site located on NWSR. 

Acoustic and visual stimuli generated 

by: (1) Helicopter landings/takeoffs; (2) 

noise generated during restoration 

activities (e.g., painting, plastering, 

welding, and glazing); (3) maintenance 

activities (e.g., bulb replacement and 

automation of the light system); and (4) 

human presence, may have the potential 

to cause any pinnipeds hauled out on 

NWSR to flush into the surrounding 

water or to cause a short-term 

behavioral disturbance. These types of 

disturbances are the principal means of 

marine mammal taking associated with 

these activities and the SGRLPS has 

requested an authorization to take 204 

California sea lions (Zalophus 

californianus); 36 Pacific Harbor seals 

(Phoca vitulina); 172 Steller sea lions 

(Eumetopias jubatus); and six northern 

fur seals (Callorhinus ursinus) by Level 

B harassment. 

Description of the Specified Activity 

SGRLPS would conduct the proposed 

activities (aircraft operations, lighthouse 

restoration, and light maintenance 

activities) between February 18, 2011, 

through April 30, 2011, and during the 

period of November 1, 2011, through 

December 31, 2011, at a maximum 

frequency of one session per month. The 

duration for each session would last no 

more than three days (e.g., Friday, 

Saturday, and Sunday). 


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Aircraft Operations 

The SGRLPS would transport 

personnel and equipment from the 

California mainland to NWSR by a small 

helicopter and would transport no more 

than 15 work crew members and 

equipment to NWSR. Each session 

would require no more than 36 

helicopter landings/takeoffs per month. 

Lighthouse Restoration Activities 

Restoration activities would include 

the removal of peeling paint and plaster, 

restoration of interior plaster and paint, 

refurbishing structural and decorative 

metal, reworking original metal support 

beams throughout the lantern room and 

elsewhere, replacing glass as necessary, 

and upgrading the present electrical 

system. 

Light Maintenance Activities 

The SGRLPS would need to conduct 

maintenance on the Station’s beacon 

light at least once or up to two times per 

year within the proposed work window. 

Scheduled light maintenance activities 

would coincide with lighthouse 

restoration activities conducted monthly 

during the period of February 18, 2011, 

through April 30, 2011, or during the 

period of November 1, 2011, through 

December 31, 2011. 

Emergency Light Maintenance 

If the beacon light fails during the 

period from February 18, 2011, through 

April 30, 2011, or during the period of 

November 1, 2011, through December 

31, 2011, the SGRLPS would send a 

crew of two to three people to the 

Station by helicopter to repair the 

beacon light. For each emergency repair 

event, the SGRLPS would conduct a 

maximum of four flights (two arrivals 

and two departures) to transport 

equipment and supplies. 

In the case of an emergency repair 

between May 1, 2011, and October 31, 

2011, the SGRLPS would consult with 

the NMFS Southwest Regional Office 

(SWRO) biologist to best determine the 

timing of the trips to the lighthouse, on 

a case-by-case basis, based upon the 

existing environmental conditions and 

the abundance and distribution of any 

marine mammals present on NWSR. 

The SWRO would also ensure that the 

SGRLPS’ request for incidental take 

during emergency repairs would not 

exceed the number of incidental take 

authorized in the IHA. 

NMFS has outlined the purpose of the 

program in a previous notice for the 

proposed IHA (75 FR 80471 December 

22, 2010). The planned activities have 

not changed between the proposed IHA 

notice and this final notice announcing 

the issuance of the IHA. For a more 

detailed description of the authorized 

action, including vessel and acoustic 

source specifications, the reader should 

refer to the proposed IHA notice (75 FR 

8047, December 22, 2010). 

Comments and Responses 

NMFS published a notice of receipt of 

the SGRLPS’ application and proposed 

IHA in the Federal Register on 

December 22, 2010 (75 FR 80471). 

During the 30-day comment period, 

NMFS received a letter from the Marine 

Mammal Commission (Commission) 

which recommended that NMFS issue 

the requested authorization, provided 

that the required monitoring and 

mitigation measures are carried out (e.g., 

restrictions on the timing and frequency 

of activities, restrictions on helicopter 

approaches, timing measures for 

helicopter landings, and measures to 

minimize acoustic and visual 

disturbances) as described in NMFS’ 

December 22, 2010 (75 FR 80471) notice 

of the proposed IHA and the 

application. All measures proposed in 

the initial Federal Register notice are 

included within the authorization and 

NMFS has determined that they will 

effect the least practicable impact on the 

species or stocks and their habitats. 

Description of the Specified Geographic 

Region 

The Station is located on a small, 

rocky islet (41°50′24′′ N, 124°22′06′′ W) 

approximately nine kilometers (km) (6.0 

miles (mi)) in the northeast Pacific 

Ocean, offshore of Crescent City, 

California (Latitude: 41°46′48′′ N; 

Longitude: 124°14′11′′ W). 

Description of Marine Mammals in the 

Area of the Specified Activity 

The marine mammal species likely to 

be harassed incidental to helicopter 

operations, lighthouse restoration, and 

lighthouse maintenance on NWSR are 

the California sea lion, the Pacific 

Harbor seal, the eastern (Distinct 

Population Segment) U.S. stock of 

Steller sea lion, and the eastern Pacific 

stock of northern fur seal. California sea 

lions and Pacific harbor seals are not 

listed as threatened or endangered 

under the Endangered Species Act 

(ESA; 16 U.S.C. 1531 et seq.), nor are 

they categorized as depleted under the 

MMPA. Northern fur seals are not listed 

as threatened or endangered under the 

ESA. However, they are categorized as 

depleted under the MMPA. Last, the 

Steller sea lion, eastern U.S. stock is 

listed as threatened under the ESA and 

is categorized as depleted under the 

MMPA. 

NMFS presented a more detailed 

discussion of the status of these stocks 

and their occurrence in the 

northwestern Pacific Ocean, as well as 

other marine mammal species that may 

occur around NWSR in the notice of the 

proposed IHA (75 FR 8047, December 

22, 2010). 

Potential Effects of the Activity on 

Marine Mammals 

Acoustic and visual stimuli generated 

by: (1) Helicopter landings/takeoffs; (2) 

noise generated during restoration 

activities (e.g., painting, plastering, 

welding, and glazing); and (3) 

maintenance activities (e.g., bulb 

replacement and automation of the light 

system) may have the potential to cause 

Level B harassment of any pinnipeds 

hauled out on NWSR. The effects of 

sounds from helicopter operations and/ 

or restoration and maintenance 

activities might include one of the 

following: temporary or permanent 

hearing impairment or behavioral 

disturbance (Southall, et al., 2007). 

There is a dearth of information on 

acoustic effects of helicopter overflights 

on pinniped hearing and 

communication (Richardson et al., 

1995) and to NMFS’ knowledge, there 

has been no specific documentation of 

temporary or permanent hearing 

impairment in free-ranging pinnipeds 

exposed to helicopter operations during 

realistic field conditions. Any noise 

attributed to the SGRLPS’ proposed 

helicopter operations on NWSR would 

be short-term (approximately 5 minutes 

per trip) and NMFS would expect the 

ambient noise levels to return to a 

baseline state when helicopter 

operations have ceased for the day. 

NMFS does not expect that the 

increased received levels of sound from 

the helicopter would cause temporary or 

permanent hearing impairment because 

the pinnipeds would flush before the 

helicopter approached NWSR; thus 

increasing the distance between the 

pinnipeds and the received sound levels 

on NWSR during the specified 

activities. 

Some behavioral disturbance is 

expected; however NMFS expects the 

disturbance to be localized and shortterm. If pinnipeds are present on NWSR, 

Level B behavioral harassment of 

pinnipeds may occur during helicopter 

landing and takeoff from NWSR due to 

the pinnipeds temporarily moving from 

the rocks and lower structure of NWSR 

into the sea due to the noise and 

appearance of helicopter during 

approaches and departures. It is 

expected that all or a portion of the 

marine mammals hauled out on the 

island will depart the rock and move 

into the water upon the initial 

helicopter approach. 


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NMFS provided a detailed overview 

of: (1) The sound levels produced by the 

helicopter; (2) behavioral reactions of 

pinnipeds to helicopter operations and 

light construction noise; (3) hearing 

impairment and other non-auditory 

physical effects; (4) behavioral reactions 

to visual stimuli; (5) and specific 

observations gathered during previous 

monitoring of the marine mammals 

present on NWSR in the notice of the 

proposed IHA (75 FR 8047, December 

22, 2010). 

Anticipated Effects on Habitat 

NMFS provided a detailed discussion 

of the potential effects of this action on 

marine mammal habitat in the notice of 

the proposed IHA (75 FR 8047, 

December 22, 2010). The SGRLPS 

proposes to confine all restoration 

activities to the existing structure which 

is not used by marine mammals. Thus, 

the specified activities will not result in 

any permanent impact on habitats used 

by the marine mammals in the area, 

including the food sources they use (i.e. 

fish and invertebrates), and there will be 

no physical damage to any habitat. 

While it is anticipated that the specified 

activity may result in marine mammals 

avoiding certain areas due to temporary 

ensonification, this impact to habitat is 

temporary and reversible. The main 

impact associated with the specified 

activity will be temporarily elevated 

noise levels and the associated direct 

effects on marine mammals, previously 

discussed in this notice. 

Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and the availability of such 

species or stock for taking for certain 

subsistence uses. 

The SGRLPS has based the mitigation 

measures described herein, to be 

implemented for the helicopter 

operations and restoration activities, on 

the following: (1) Protocols used during 

the 2010 IHA for helicopter operations 

and restoration activities as approved by 

NMFS; (2) recommended best practices 

in Richardson et al. (1995); and (3) 

reasonable and prudent measures 

implemented by the terms and 

conditions of the section 7 ESA 

Biological Opinion’s (BiOp) Incidental 

Take Statement (ITS). 

To reduce the potential for 

disturbance from acoustic and visual 

stimuli associated with the activities, 

the SGRLPS and/or its designees will 

implement the following mitigation 

measures for marine mammals: 

(1) Limit the time and frequency of 

the restoration activities; 

(2) Employ helicopter approach and 

timing techniques; and 

(3) Avoidance of visual and acoustic 

contact with marine mammals by the 

SGRLPS and/or its designees. 

Time and Frequency: The SGRLPS 

will conduct lighthouse restoration 

activities at maximum frequency of once 

per month between February 18, 2011, 

through April 30, 2011, or between 

November 1, 2011, through December 

31, 2011. Each restoration session will 

last no more than three days. 

Maintenance of the light beacon will 

occur only in conjunction with 

restoration activities. 

Helicopter Approach and Timing 

Techniques: The SGRLPS shall ensure 

that helicopter approach patterns to the 

lighthouse will be such that the timing 

techniques are least disturbing to 

marine mammals. To the extent 

possible, the helicopter should 

approach NWSR when the tide is too 

high for the marine mammals to haulout on NWSR. 

Since the most severe impacts 

(stampede) are precipitated by rapid and 

direct helicopter approaches, initial 

approach to the Station must be offshore 

from the island at a relatively high 

altitude (e.g., 800–1,000 ft; 244–305 m). 

Before the final approach, the helicopter 

shall circle lower, and approach from 

area where the density of pinnipeds is 

the lowest. If for any safety reasons (e.g., 

wind condition) such helicopter 

approach and timing techniques cannot 

be achieved, the SGRLPS must abort the 

restoration and maintenance activities 

for that day. 

Avoidance of Visual and Acoustic 

Contact with Marine Mammals: The 

SGRLPS will instruct its members and 

restoration crews to avoid making 

unnecessary noise and not expose 

themselves visually to pinnipeds 

around the base of the lighthouse. The 

door to the lower platform (which is 

used at times by pinnipeds) shall 

remain closed and barricaded to all 

tourists and other personnel. 

NMFS has carefully evaluated the 

applicant’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 adverse impact on the 

affected marine mammal species and 

stocks and their habitat. Our evaluation 

of potential measures included 

consideration of the following factors in 

relation to one another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation, including 

safety and practicality of 

implementation. 

Based on our evaluation of the 

applicant’s mitigation measures, NMFS 

has determined that these measures 

provide the means of effecting the least 

practicable adverse impacts on marine 

mammals species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

Summary of Previous Monitoring 

The SGRLPS complied with the 

mitigation and monitoring required 

under the previous authorization for the 

2010 season. In compliance with the 

2010 IHA, the SGRLPS submitted a final 

report on the activities at the Station, 

covering the period of January 27, 2010 

through April 30, 2010. During the 

effective dates of the 2010 IHA, the 

SGRLPS conducted two sessions of 

aircraft operations and restoration 

activities on NWSR which did not 

exceed the activity levels analyzed 

under the 2010 authorization. The 2010 

IHA required that the SGRLPS conduct 

a pre-restoration and post-restoration 

aerial survey of all marine mammals 

hauled-out on NWSR for each session. 

On February 26, 2010, the SGRLPS’ 

photographed the haulout areas on the 

initial approach to NWSR. During the 

approach, the photographer observed no 

animals hauled out on NWSR. The 

SGRLPS observed no animals hauled on 

NWSR during the two-day restoration 

session and no pinnipeds were present 

during the helicopter’s February 28th 

departure flight to the mainland. 

On April 9, 2010, the SGRLPS’ 

photographed the haulout areas on the 

initial approach to NWSR. Similar to the 

February session, the photographer 

observed no animals hauled out on 

NWSR during approach. The SGRLPS 

observed no animals hauled on NWSR 

during the three-day restoration session 

and no pinnipeds were present during 

the helicopter’s April 11th departure 

flight to the mainland. 

The SGRLPS observed no animals 

hauled on NWSR during the entirety of 

each session. As there were no observed 

impacts to pinnipeds from these 

activities, NMFS was unable to assess 


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the effectiveness of mitigation measures 

for helicopter approaches set forth in 

the 2010 IHA. However, the 2010 IHA 

restricted SGRLP’s access to NWSR 

during the pupping season, thus 

effecting the least practical adverse 

impact on the species or stock. These 

results did not refute NMFS’ original 

findings. 

Monitoring 

In order to issue an ITA for an 

activity, section 101(a)(5)(D) of the 

MMPA states that NMFS must 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 IHAs 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. 

At least once during the period 

between February 18, 2011, through 

April 30, 2011, or during the period of 

November 1, 2011, through December 

31, 2011 a qualified biologist shall be 

present during all three workdays at the 

Station. The biologist hired will be 

subject to approval of NMFS. This 

requirement may be modified 

depending on the results of the second 

year of monitoring. 

The qualified biologist shall 

document use of the island by the 

pinnipeds (i.e., frequency, dates, time, 

tidal height, species, numbers present, 

and any disturbances) and note any 

responses to potential disturbances. In 

the event of any observed Steller sea 

lion injury, mortality, or the presence of 

newborn pup, the SGRLPS will notify 

the NMFS’ SWRO Administrator and 

the NMFS’ Director of the Office of 

Protected Resources immediately. 

Aerial photographic surveys may 

provide the most accurate means of 

documenting species composition, age 

and sex class of pinnipeds using the 

project site during human activity 

periods. Aerial photo coverage of the 

island shall be completed from the same 

helicopter used to transport the SGRLPS 

personnel to the island during 

restoration trips. Photographs of all 

marine mammals hauled out on the 

island shall be taken at an altitude 

greater than 300 m (984 ft) by a skilled 

photographer, prior to the first landing 

on each visit included in the monitoring 

program. Photographic documentation 

of marine mammals present at the end 

of each three-day work session shall 

also be made for a before and after 

comparison. Data shall be provided to 

NMFS in the form of a report with a 

data table, any other significant 

observations related to marine 

mammals, and a report of restoration 

activities (see Reporting). The original 

photographs can be made available to 

NMFS or other marine mammal experts 

for inspection and further analysis. 

Reporting 

The SGRLPS personnel will record 

data to document the number of marine 

mammals exposed to helicopter noise 

and to document apparent disturbance 

reactions or lack thereof. SGRLPS and 

NMFS will use the data to estimate 

numbers of animals potentially taken by 

Level B harassment. 

Interim Monitoring Report 

The SGRLPS will submit interim 

monitoring reports to the NMFS SWRO 

Administrator and the NMFS Director of 

Office of Protected Resources no later 

than 30 days after the conclusion of 

each monthly session. The interim 

report will describe the operations that 

were conducted and sightings of marine 

mammals near the proposed project. 

The report will provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring. 

Each interim report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

Final Monitoring Report 

In addition to the interim reports, the 

SGRLPS will submit a draft Final 

Monitoring Report to NMFS no later 

than 90 days after the project is 

completed to the Regional 

Administrator and the Director of Office 

of Protected Resources at NMFS 

Headquarters. Within 30 days after 

receiving comments from NMFS on the 

draft Final Monitoring Report, the 

SGRLPS must submit a Final 

Monitoring Report to the Regional 

Administrator and the NMFS Director of 

Office of Protected Resources. If the 

SGRLPS receives no comments from 

NMFS on the draft Final Monitoring 

Report, the draft Final Monitoring 

Report will be considered to be the 

Final Monitoring Report. 

The final report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

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]. 

Only take by Level B harassment is 

anticipated and authorized as a result of 

the helicopter operations and 

restoration and maintenance activities 

on NWSR. 

Based on pinniped survey counts 

conducted by CCR on NWSR in the 

spring of 1997, 1998, 1999, and 2000 

(CCR, 2001), NMFS estimates that 

approximately 204 California sea lions 

(calculated by multiplying the average 

monthly abundance of California sea 

lions (zero in April, 1997 and 34 in 

April,1998) present on NWSR by six 

months of the proposed restoration and 

maintenance activities), 172 Steller sea 

lions (NMFS’ estimate of the maximum 

number of Steller sea lions that could be 

present on NWSR with a 95-percent 

confidence interval), 36 Pacific harbor 

seals (calculated by multiplying the 

maximum number of harbor seals 

present on NWSR (6) by six months), 

and 6 northern fur seals (calculated by 

multiplying the maximum number of 

northern fur seals present on NWSR (1) 


srobinson on DSKHWCL6B1PROD with NOTICES
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by six months) could be potentially 

affected by Level B behavioral 

harassment over the course of the 

proposed IHA. Estimates of the numbers 

of marine mammals that might be 

affected are based on consideration of 

the number of marine mammals that 

could be disturbed appreciably by 

approximately 51 hrs of aircraft 

operations during the course of the 

proposed activity. These incidental 

harassment take numbers represent 

approximately 0.14 percent of the U.S. 

stock of California sea lion, 0.42 percent 

of the eastern U.S. stock of Steller sea 

lion, 0.11 percent of the California stock 

of Pacific harbor seals, and 0.06 percent 

of the San Miguel Island stock of 

northern fur seal. 

All of the potential takes are expected 

to be Level B behavioral harassment 

only. Because of the required mitigation 

measures and the likelihood that some 

pinnipeds will avoid the area, no injury 

or mortality to pinnipeds is expected or 

requested. 

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: 

(1) The number of anticipated 

mortalities; 

(2) The number and nature of 

anticipated injuries; 

(3) The number, nature, and intensity, 

and duration of Level B harassment; and 

(4) The context in which the takes 

occur. 

As mentioned previously, NMFS 

estimates that four species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the IHA. For each species, these 

numbers are small (each, less than one 

percent) relative to the population size. 

No takes by Level A harassment, 

serious injury, or mortality are 

anticipated to occur as a result of the 

SGRLPS’ proposed activities, and none 

are authorized. Only short-term 

behavioral disturbance is anticipated to 

occur due to the brief and sporadic 

duration of the proposed activities; the 

availability of alternate areas near 

NWSR for marine mammals to avoid the 

resultant acoustic disturbance; and 

limited access to NWSR during the 

pupping season. Due to the nature, 

degree, and context of the behavioral 

harassment anticipated, the activities 

are not expected to impact rates of 

recruitment or survival. 

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 SGRLPS’ helicopter 

operations and restoration/maintenance 

activities, would result in the incidental 

take of small numbers of marine 

mammals, by Level B harassment only, 

and that the total taking from the 

helicopter operations and restoration/ 

maintenance activities would have a 

negligible impact on the affected species 

or stocks. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

The Steller sea lion, eastern Distinct 

Population Segment is listed as 

threatened under the ESA and occurs in 

the action area. NMFS Headquarters’ 

Office of Protected Resources, Permits, 

Conservation, and Education Division 

conducted a formal section 7 

consultation under the ESA with the 

Southwest Region, NMFS. On January 

27, 2010, the Southwest Region issued 

a BiOp and concluded that the issuance 

of IHAs are likely to adversely affect, 

but not likely to jeopardize the 

continued existence of Steller sea lions. 

NMFS has designated critical habitat for 

the eastern Distinct Population Segment 

of Steller sea lions in California at An ̃ o 

Nuevo Island, Southeast Farallon Island, 

Sugarloaf Island and Cape Mendocino, 

California pursuant to section 4 of the 

ESA (see 50 CFR 226.202(b)). Northwest 

Seal Rock is neither within nor nearby 

these designated areas. Finally, the 

BiOp included an ITS for Steller sea 

lions. The ITS contains reasonable and 

prudent measures implemented by 

terms and conditions to minimize the 

effects of this take. NMFS has reviewed 

the 2010 BiOp and determined that 

there is no new information regarding 

effects to Steller sea lions; the action has 

not been modified in a manner which 

would cause adverse effects not 

previously evaluated; there has been no 

new listing of species or designation of 

critical habitat that could be affected by 

the action; and, the action will not 

exceed the extent or amount of 

incidental take authorized in the 2010– 

2012 ITS. Therefore, the proposed IHA 

does not require the reinitiation of 

section 7 consultation under the ESA. 

National Environmental Policy Act 

(NEPA) 

To meet NMFS’ NEPA requirements 

for the issuance of an IHA to the 

SGRLPS, NMFS prepared an 

Environmental Assessment (EA) in 2010 

that was specific to conducting aircraft 

operations and restoration and 

maintenance work on the St. George 

Reef Light Station. The EA, titled 

‘‘Issuance of an Incidental Harassment 

Authorization to Take Marine Mammals 

by Harassment Incidental to Conducting 

Aircraft Operations, Lighthouse 

Restoration and Maintenance Activities 

on St. George Reef Lighthouse Station in 

Del Norte County, California,’’ evaluated 

the impacts on the human environment 

of NMFS’ authorization of incidental 

Level B harassment resulting from the 

specified activity in the specified 

geographic region. At that time, NMFS 

concluded that issuance of an IHA 

November 1 through April 30, annually 

would not significantly affect the 

quality of the human environment and 

issued a Finding of No Significant 

Impact (FONSI) for the 2010 EA 

regarding the SGRLPS’ activities. In 

conjunction with the SGRLPS’ 2011 

application, NMFS has again reviewed 

the 2010 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. NMFS, therefore, 

reaffirms the 2010 FONSI. A copy of the 

EA and the FONSI for this activity is 

available upon request (see ADDRESSES). 

Determinations 

NMFS has determined that the impact 

of conducting the specific helicopter 

operations and restoration activities 

described in this notice and in the IHA 

request in the specific geographic region 

in the northwestern Pacific Ocean may 

result, at worst, in a temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. Further, this activity is 

expected to result in a negligible impact 

on the affected species or stocks of 

marine mammals. The provision 

requiring that the activity not have an 

unmitigable impact on the availability 

of the affected species or stock of marine 

mammals for subsistence uses is not 

implicated for this action. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to the SGRLPS 

to conduct helicopter operations and 

restoration and maintenance work on 

the St. George Reef Light Station on 

Northwest Seal Rock in the northeast 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 38 / Friday, February 25, 2011 / Notices 10569 

1To assist in this transition from the DARPA 

contract with USC to ICANN, in 1998, ICANN 

entered into an agreement with the University of 

Southern California Information Sciences Institute 

(USC/ISI) to transition certain functions, 

responsibilities, assets, and personnel to ICANN. 

2Each contract and modifications are available at 

http://www.ntia.doc.gov/ntiahome/domainname/ 

iana.htm. 

3The current contract has an option to extend the 

performance period for an additional six months. If 

necessary, NTIA will exercise this option in order 

to complete the contract procurement process. See 

Contract Clause 1.5 of the current contract, which 

can be viewed at http://www.ntia.doc.gov/ 

ntiahome/domainname/iana/ 

ianacontract_081406.pdf. 

Pacific Ocean from the period of 

February 18, 2011, through April 30, 

2011, or during the period of November 

1, 2011, through December 31, 2011, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. The 

duration of the IHA would not exceed 

one year from the date of its issuance. 

Dated: February 16, 2011. 

Helen M. Golde, 

Deputy Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2011–4291 Filed 2–24–11; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Telecommunications and 

Information Administration 

[Docket No. 110207099–1099–01] 

RIN 0660–XA23 

Request for Comments on the Internet 

Assigned Numbers Authority (IANA) 

Functions 

AGENCY: National Telecommunications 

and Information Administration, U.S. 

Department of Commerce. 

ACTION: Notice of Inquiry. 

SUMMARY: The United States Department 

of Commerce’s National 

Telecommunications and Information 

Administration (NTIA) remains 

committed to preserving a stable and 

secure Internet Domain Name System 

(DNS). Critical to the DNS is the 

continued performance of the Internet 

Assigned Numbers Authority (IANA) 

functions. The IANA functions have 

historically included: (1) The 

coordination of the assignment of 

technical Internet protocol parameters; 

(2) the administration of certain 

responsibilities associated with Internet 

DNS root zone management; (3) the 

allocation of Internet numbering 

resources; and (4) other services related 

to the management of the .ARPA and 

.INT top-level domains. The Internet 

Corporation for Assigned Names and 

Numbers (ICANN) currently performs 

the IANA functions, on behalf of the 

United States Government, through a 

contract with NTIA. Given the 

September 30, 2011 expiration of this 

contract, NTIA is seeking public 

comment to enhance the performance of 

the IANA functions in the development 

and award of a new IANA functions 

contract. 

DATES: Comments are due on or before 

March 31, 2011. 

ADDRESSES: Written comments may be 

submitted by mail to Fiona M. 

Alexander, Associate Administrator, 

Office of International Affairs, National 

Telecommunications and Information 

Administration, 1401 Constitution 

Avenue, NW., Room 4701, Washington, 

DC 20230. Paper submissions should 

include a three and one-half inch 

computer diskette in HTML, ASCII, 

Word or WordPerfect format (please 

specify version). Diskettes should be 

labeled with the name and 

organizational affiliation of the filer, and 

the name of the word processing 

program used to create the document. 

Alternatively, comments may be 

submitted electronically to 

IANAFunctions@ntia.doc.gov. 

Comments provided via electronic mail 

should also be submitted in one or more 

of the formats specified above. 

Comments will be posted to NTIA’s 

Web site at http://www.ntia.doc.gov/ 

ntiahome/domainname/ 

IANAFunctions.html. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this Notice contact: 

Vernita D. Harris, National 

Telecommunications and Information 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue, 

NW., Room 4701, Washington, DC 

20230; telephone: (202) 482–4686; email: vharris@ntia.doc.gov. Please direct 

media inquiries to the Office of Public 

Affairs, NTIA, at (202) 482–7002. 

SUPPLEMENTARY INFORMATION: The 

Internet Assigned Numbers Authority 

(IANA) functions were initially 

performed under a series of contracts 

between the Department of Defense’s 

Advanced Research Projects Agency 

(DARPA) and the University of 

Southern California (USC), as part of a 

research project known as the Terranode 

Network Technology (TNT). As the TNT 

project and the DARPA/USC contract 

neared completion, the United States 

Government recognized the need for the 

continued performance of the IANA 

functions as vital to the stability and 

correct functioning of the Internet. In 

January 1999, NTIA initiated a 

procurement process to fulfill this 

need.1 NTIA awarded the IANA 

functions contract to ICANN in 

February 2000, and subsequently in 

March 2001, March 2004, and August 

2005.2 The current contract expires 

September 30, 2011.3 Given this 

impending expiration, NTIA is issuing 

this Notice of Inquiry (NOI) to seek 

public comment to inform the 

procurement process, leading to the 

award of a new IANA functions 

contract. We take this opportunity to ask 

a detailed set of questions on this topic 

as this is the first time NTIA has 

undertaken a comprehensive review of 

the IANA functions contract since the 

award of the first contract in 2000. 

The domain name system (DNS) is a 

critical component of the Internet that 

works like an address book, allowing 

users to reach websites using easy-tounderstand domain names (e.g., http:// 

commerce.gov) rather than the numeric 

network server addresses (e.g., http:// 

170.110.225.168) necessary to retrieve 

information on the Internet. It is a 

hierarchical and globally distributed 

system in which distinct servers 

maintain the detailed information for 

their local domains and pointers for 

how to navigate the hierarchy to retrieve 

information from other domains. The 

accuracy, integrity, and availability of 

the information supplied by the DNS are 

essential to the operation of most 

systems, services, or applications that 

use the Internet. 

Essential to the DNS is the 

performance of the IANA functions. At 

a summary level, the IANA functions 

include: (1) The coordination of the 

assignment of technical Internet 

protocol parameters; (2) the 

administration of certain 

responsibilities associated with Internet 

DNS root zone management; (3) the 

allocation of Internet numbering 

resources; and (4) other services related 

to the management of the .ARPA and 

.INT top-level domains. A more detailed 

description of each of the IANA 

functions follows. 

The first of the IANA functions is the 

coordination of the assignment of 

technical protocol parameters. This 

function includes the review and 

assignment of unique values to 

numerous parameters (e.g., operation 

codes, port numbers, object identifiers, 

protocol numbers) used in various 

Internet protocols. This function also 

includes dissemination of listings of 

assigned parameters through various 

means (including on-line publication) 

and the review of technical documents 

for consistency with assigned values. 


srobinson on DSKHWCL6B1PROD with NOTICES