[Federal Register Volume 74, Number 187 (Tuesday, September 29, 2009)]
[Notices]
[Pages 49852-49858]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23489]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE28


Incidental Takes of Marine Mammals During Specified Activities; 
St. George Reef Light Station Restoration and Maintenance at Northwest 
Seal Rock, Del Norte County, California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental take authorization; request for 
comments.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) 
regulations, NMFS has received an application from the St. George Reef 
Lighthouse Preservation Society (SGRLPS), for an Incidental Harassment 
Authorization (IHA) to take small numbers of marine mammals, by 
incidental harassment, incidental to conducting aircraft operations and 
restoration and maintenance work on the St. George Reef Light Station 
on Northwest Seal Rock (NWSR) in the northeast Pacific Ocean. Pursuant 
to the Marine Mammal Protection Act, as amended, NMFS requests comments 
on its proposal to authorize SGRLPS to incidentally take, by Level B 
harassment only, small numbers of marine mammals, incidental to 
conducting aircraft operations, and lighthouse renovation and light 
maintenance activities for one year. Since the proposed activities 
would occur in the vicinity of pinniped haul out sites, marine mammals 
could be disturbed as a result of helicopter landing/takeoff and human 
presence; therefore, SGRLPS has requested an IHA.

DATES: Comments and information must be received no later than October 
29, 2009.

ADDRESSES: Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing email comments is <a href="/cdn-cgi/l/email-protection#d08082e1fee0e6e4e8fd8895e2e890bebfb1b1feb7bfa6"><span class="__cf_email__" data-cfemail="df8f8deef1efe9ebe7f2879aede79fb1b0bebef1b8b0a9">[email protected]</span></a>. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.
    All comments received are a part of the public record and will 
generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    A copy of the application containing a list of the references used 
in this document may be obtained by writing to the address specified 
above, telephoning the contact listed below (see FOR FURTHER 
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    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 (Secretary) to allow, upon request, the 
incidental, but not intentional, taking of marine mammals, for periods 
of not more than one year, 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, if the taking is 
limited to harassment, 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. 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 established an expedited process 
by which citizens of the United States can apply for an authorization 
to incidentally take small numbers of

[[Page 49853]]

marine mammals by 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''].
    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. Not later than 45 days 
after the close of the public comment period, if the Secretary makes 
the findings set forth in Section 101(a)(5)(D)(i) of the MMPA, the 
Secretary shall issue the authorization with appropriate conditions to 
meet the requirements of clause 101(a)(5)(D)(ii) of the MMPA.

Summary of Request

    On October 13, 2006, NMFS received an application from SGRLPS for 
the incidental taking by Level B harassment only, of small numbers of 
four species of marine mammals incidental to aircraft operations and 
restoration and maintenance activities on the St. George Reef Light 
Station (Station). Since the proposed activities would occur in the 
vicinity of a pinniped haul out site, marine mammals could be disturbed 
as a result of helicopter landings/takeoffs and human presence, 
therefore, SGRLPS has requested an IHA.
    The United States Coast Guard (USCG) decommissioned the Station in 
1975. In 1996, the United States Government Services Administration, 
and the government of Del Norte County transferred the management and 
upkeep of the Station to SGRLPS which aims to restore and restore and 
preserve the Station which is listed in the National Park Service's 
National Register of Historic Places (Reference Number 93001373).
    In 2002, the SGRLPS applied for a Private Aid to Navigation (PATON) 
permit from the USCG to install a new solar- and wind-powered optic 
light system for the Station. A PATON is a buoy, light or day beacon 
owned and maintained by any individual or organization other than the 
USCG. The USGS issued the PATON permit to SGRLPS with the condition 
that, should repairs be necessary, they must be completed within a 
stipulated time period. However, the USCG revoked the PATON permit in 
2003, when the optic light system experienced a failure and the SGRLPS 
was not able to repair it within the stipulated time period.
    In order to renew the PATON permit to conduct annual maintenance of 
the Station's optical light system, as well as to conduct emergency 
maintenance in the event of equipment failure, the USCG recommended 
that the SGRLPS obtain an Endangered Species Act (ESA; 16 U.S.C. 1531 
et. seq.) permit from the U.S. Fish and Wildlife Service (USFWS) for 
migratory birds and a MMPA incidental take authorization and ESA permit 
for marine mammals from NMFS.

Description of the Specified Geographic Region

    The Station is located on a small, rocky islet known as Northwest 
Seal Rock (NWSR) (41[deg] 50'24'' N, 124[deg] 22'06'' W) approximately 
nine kilometers (km) (6.0 miles (mi)) offshore of Crescent City, 
California in the northeast Pacific Ocean. NWSR is a rocky formation 
approximately 91.4 meters (m) (300 feet (ft) in diameter that peaks at 
5.18 meters (m) (17 feet (ft)) above mean sea level. The Station, built 
in 1892, rises 45.7 m (150 ft) above the sea, consists of hundreds of 
granite blocks, is topped with a cast iron lantern room, and covers 
much of the surface of the islet.

Description of the Specified Activity

    SGRLPS proposes to conduct the proposed activities (aircraft 
operations, lighthouse restoration, and light maintenance activities) 
between November 1, 2009, and April 30, 2010, at a maximum frequency of 
one session per month. The proposed duration for each session would 
last no more than three days (e.g., Friday, Saturday, and Sunday).

Aircraft Operations

    Because NWSR has no safe landing area for boats, the proposed 
restoration activities would require SGRLPS to transport personnel and 
equipment from the California mainland to NWSR by a small helicopter. 
SGRLPS plans to charter a Raven R44 helicopter, owned and operated by 
Air Shasta Rotor and Wing, LLC. The Raven R44, which seats three 
passengers and one pilot, is a compact-sized (1134 kilograms (kg), 2500 
pounds (lbs)) helicopter with two-bladed main and tail rotors. Both 
sets of rotors are fitted with noise-attenuating blade tip caps that 
would decrease flyover noise. Helicopter landings take place on top of 
the engine room (caisson) which is approximately 15 m (48 ft) above the 
surface of the rocks on NWSR.
    SGRLPS proposes to transport no more than 15 work crew members and 
equipment to NWSR for each session and estimates that each session 
would require no more than 30 helicopter landings/takeoffs per month. 
During landing, the helicopter would land on the caisson to allow the 
work crew members to disembark and retrieve their equipment located in 
a basket attached to the underside of the helicopter. The helicopter 
would then return to the mainland to pick up additional personnel and 
equipment. Even though SGRLPS would use the helicopter to transport 
work crew members and materials on the first and last days of the 
three-day activity, the helicopter would likely fly to and from the 
Station on all three days of the restoration and maintenance 
activities.
    Proposed schedule: SGRLPS proposes a maximum of 12 flights (six 
arrivals and six departures) for the first day. The first flight would 
depart from Crescent City Airport (Latitude: 41[deg]46'48'' N; 
Longitude: 124[deg]14'11'' W) at 9 a.m. for a six-minute flight to 
NWSR. The helicopter would land and takeoff immediately after 
offloading personnel and equipment every 20 minutes (min). The total 
duration of the first day's aerial operations would last for 
approximately three hours (hrs) and 26 min and would end at 
approximately 12:30 p.m. Crew members would remain overnight at the 
Station and would not return to the mainland on the first day.
    For the second day, the SGRLPS proposes a maximum of 2 flights (one 
arrival and one departure) to transport no more than three crew members 
off of NWSR. The first flight would depart from Crescent City Airport 
at 9 a.m. for a six-minute flight to NWSR. The total duration of the 
second day's aerial operations would last for approximately 26 min.
    For the final day of operations, SGRLPS proposes to conduct a 
maximum of eight helicopter flights (four arrivals and four departures) 
to transport the remaining crew members and equipment/material back to 
the Crescent City Airport.
    As a mean of funding support for the restoration activities, the 
SGRLPS will conduct public tours of the Station during the last day of 
the proposed restoration and maintenance activities. SGRLPS proposes to 
transport visitors to the Station during the Sunday work window period. 
Although some of these flights would be conducted solely for the 
transportation of tourists, those flights would be conducted at a later 
stage when no pinnipeds are expected

[[Page 49854]]

to be at the Station. No additional allowance is included for animals 
that might be affected by additional flights for the transportation of 
tourists. The total duration of the last day's aerial operations would 
last for approximately four hrs.

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. SGRLPS expects 
to complete most of the major restoration work within two to three 
years.

Light Maintenance Activities

    As required by the USCG, in order to maintain the beacon light as a 
PATON, the SGRLPS will need to conduct maintenance 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 November 1, 2009, 
through April 30, 2010. The SGRLPS expects that maintenance activities 
would not exceed three hrs per monthly session.

Emergency Light Maintenance

    If the beacon light fails during the period November 1, 2009, 
through April 30, 2010, the SGRLPS proposes to 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 proposes to conduct a 
maximum of four flights (two arrivals and two departures) to transport 
equipment and supplies. The helicopter may remain on site or transit 
back to shore and make a second landing to pick up the repair 
personnel.
    In the case of an emergency repair between November 1, 2009, and 
April 30, 2010, the SGRLPS would consult with the NMFS Southwest 
Regional Office (SWRO) 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 biologists would have the 
ultimate knowledge regarding the animal use and abundance of the NWSR 
at the time of the repair request and make a decision regarding when 
the trips to the lighthouse can be made during the emergency repair 
time window that would have the least practicable adverse impact to 
marine mammals. 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.
    Complete automation of the light generating system and automatic 
backup system will minimize maintenance and emergency repair visits to 
the island. The light is solar powered using one solar panel; an 
installed second panel serves as a backup which is automatically 
activated if needed. A second smaller bulb in the lantern is activated 
if the primary bulb fails. Use of high quality, durable materials and 
thorough weatherproofing is planned to minimize trips for maintenance 
and repair in the future. All tools and supplies are stored on the 
island so that a minimal number of transport trips for emergency 
maintenance will be necessary.

Description of Marine Mammals in the Activity Area

    The marine mammal species likely to be harassed incidental to 
helicopter operations, lighthouse restoration, and lighthouse 
maintenance on NWSR are the California sea lion (Zalophus 
californianus), the Pacific Harbor seal (Phoca vitulina), the eastern 
(Distinct Population Segment) U.S. stock of Steller sea lion 
(Eumetopias jubatus), and the and the eastern Pacific stock of northern 
fur seal (Callorhinus ursinus). General information of these species 
can be found in Caretta et al., (2008) and Angliss and Allen (2009) and 
is available at the following URLs: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2008.pdf and http://www.nmfs.noaa.gov/pr/pdfs/sars/ak2008.pdf 
respectively. Refer to these documents for information on these 
species. Additional information on these species is presented below 
this section.

California sea lion

    California sea lions are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
California sea lion includes three subspecies: Z. c. wollebaeki (on the 
Galapagos Islands), Z. c. japonicus (in Japan, but now thought to be 
extinct), and Z. c. californianus (found from southern Mexico to 
southwestern Canada; herein referred to as the California sea lion). 
The subspecies is comprised of three stocks: (1) the U.S. stock, 
beginning at the U.S./Mexico border extending northward into Canada; 
(2) the western Baja California stock, extending from the U.S./Mexico 
border to the southern tip of the Baja California peninsula; and (3) 
the Gulf of California stock, which includes the Gulf of California 
from the southern tip of the Baja California peninsula and across to 
the mainland and extends to southern Mexico (Lowry et al., 1992).
    In 2008, the estimated population of the U.S. stock of California 
sea lion ranges from 141,842 to 238,000 animals and the maximum 
population growth rate was 6.52 percent when pup counts from El Nino 
years (1983, 1984, 1992, 1993, 1998, and 2003) were removed (Carretta 
et al., 2008).
    Major rookeries for the California sea lion exist on the Channel 
Islands off southern California and on the islands situated along the 
east and west coasts of Baja California. Males are polygamous, 
establishing breeding territories that may include up to fourteen 
females. They defend their territories with aggressive physical 
displays and vocalization. Sea lions reach sexual maturity at four to 
five years old and the breeding season lasts from May to August. Most 
pups are born from May through July and weaned at 10 months old.
    Crescent Coastal Research (CCR) conducted a three-year (1998-2000) 
survey of the wildlife species on NWSR for the SGRLPS. They reported 
that counts of California sea lions on NWSR varied greatly (from six to 
541) during the observation period from April 1997 through July 2000. 
CCR reported that counts for California sea lions during the spring 
(April - May), summer (June - August), and fall (September - October), 
averaged 25, 154, and 235, respectively (CCR, 2001).

Pacific harbor seal

    Pacific harbor seals are not listed as threatened or endangered 
under the ESA, nor are they categorized as depleted under the MMPA. The 
animals inhabit near-shore coastal and estuarine areas from Baja 
California, Mexico, to the Pribilof Islands in Alaska. Pacific harbor 
seals are divided into two subspecies: P. v. stejnegeri in the western 
North Pacific, near Japan, and P. v. richardsi in the northeast Pacific 
Ocean. The latter subspecies, recognized as three separate stocks, 
inhabits the west coast of the continental United States, including: 
the outer coastal waters of Oregon and Washington states; Washington 
state inland waters; and Alaska coastal and inland waters. Two of these 
stocks, the California stock and Oregon/Washington coast stock, of 
Pacific harbor seals are identified off the coast of Oregon and 
California for management purposes under the MMPA. However, the stock 
boundary is difficult to distinguish because of the continuous 
distribution of harbor seals

[[Page 49855]]

along the west coast and any rigid boundary line is (to a greater or 
lesser extent) arbitrary, from a biological perspective (Carretta et 
al., 2008). Due to the location of the proposed project which is 
situated near the border of Oregon and California, both stocks could be 
present within the proposed project area.
    In 2008, the estimated population of the California of Pacific 
harbor seals ranged from 31,600 to 34,233 animals and the maximum 
population growth rate was 3.5 percent. The estimated population of the 
Oregon/Washington coast stocks was 22,380 animals and the maximum 
population growth rate was 4.0 percent. (Carretta et al., 2008)
    In California, over 500 harbor seal haulout sites are widely 
distributed along the mainland and offshore islands, and include rocky 
shores, beaches and intertidal sandbars (Lowry et al., 2005). Harbor 
seals mate at sea and females give birth during the spring and summer, 
although, the pupping season varies with latitude. Pups are nursed for 
an average of 24 days and are ready to swim minutes after being born. 
Harbor seal pupping takes place at many locations and rookery size 
varies from a few pups to many hundreds of pups. The nearest harbor 
seal rookery relative to the proposed project site is at Castle Rock 
National Wildlife Refuge, located approximately located 965 m (0.6 mi) 
south of Point St. George, and 2.4 km (1.5 miles) north of the Crescent 
City Harbor in Del Norte County, California (USFWS, 2007).
    CCR noted that harbor seal use of NWSR was minimal, with only one 
sighting of a group of six animals, during 20 observation surveys. They 
hypothesized that harbor seals may avoid the islet because of its 
distance from shore, relatively steep topography, and full exposure to 
rough and frequently turbulent sea swells.

Northern fur seal

    Northern fur seals are not listed as threatened or endangered under 
the ESA. However, they are categorized as depleted under the MMPA. 
Northern fur seals occur from southern California north to the Bering 
Sea and west to the Sea of Okhotsk and Honshu Island of Japan. Two 
separate stocks of northern fur seals are recognized within U.S. 
waters: an Eastern Pacific stock distributed among sites in Alaska, 
British Columbia; and a San Miguel Island stock distributed along the 
west coast of the continental U.S.
    Northern fur seals may temporarily haul out on land at other sites 
in Alaska, British Columbia, and on islets along the west coast of the 
continental United States, but generally this occurs outside of the 
breeding season (Fiscus, 1983).
    In 2008, the estimated population of the San Miguel Island stock 
ranged from 5,096 to 9,424 animals and the maximum population growth 
rate was 8.6 percent (Carretta et al., 2008).
    Northern fur seals breed in Alaska and migrate along the west coast 
during fall and winter. Due to their pelagic habitat, they are rarely 
seen from shore in the continental U.S., but individuals occasionally 
come ashore on islands well offshore (i.e., Farallon Islands and 
Channel Islands in California). During the breeding season, 
approximately 74 percent of the worldwide population is found on the 
Pribilof Islands in Alaska, with the remaining animals spread 
throughout the North Pacific Ocean (Lander and Kajimura, 1982).
    CCR observed one male northern fur seal on NWSR in October, 1998 
(CCR, 2001). It is possible that a few animals may use the island more 
often that indicated by the CCR surveys, if they were mistaken for 
other otariid species (M. DeAngelis, NMFS, pers. comm.).

Steller sea lion

    The Steller sea lion eastern stock is listed as threatened under 
the ESA and is categorized as depleted under the MMPA. Steller sea 
lions range along the North Pacific Rim from northern Japan to 
California (Loughlin et al., 1984), with centers of abundance and 
distribution in the Gulf of Alaska and Aleutian Islands, respectively. 
Two separate stocks of Steller sea lions were recognized within U.S. 
waters: an eastern U.S. stock, which includes animals east of Cape 
Suckling, Alaska (144E W), and a western U.S. stock, which includes 
animals at and west of Cape Suckling (Loughlin, 1997). The species is 
not known to migrate, but individuals disperse widely outside of the 
breeding season (late May through early July), thus potentially 
intermixing with animals from other areas.
    In 2008, the estimated population of the eastern U.S. stock ranged 
from 44,404 to 55,832 animals and the maximum population growth rate 
was 3.1 percent (Angliss and Allen, 2009).
    The eastern U.S. stock of Steller sea lions breeds on rookeries 
located in southeast Alaska, British Columbia, Oregon, and California; 
there are no rookeries located in Washington state. Counts of pups on 
rookeries conducted near the end of the birthing season are nearly 
complete counts of pup production.
    Despite the wide-ranging movements of juveniles and adult males in 
particular, exchange between rookeries by breeding adult females and 
males (other than between adjoining rookeries) appears low, although 
males have a higher tendency to disperse than females (NMFS 1995, 
Trujillo et al., 2004, Hoffman et al., 2006). A northward shift in the 
overall breeding distribution has occurred, with a contraction of the 
range in southern California and new rookeries established in 
southeastern Alaska (Pitcher et al., 2007).
    CCR reported that Steller sea lion numbers at NWSR ranged from 20 
to 355 animals. Counts of Steller sea lions during the spring (April - 
May), summer (June - August), and fall (September - October), averaged 
53, 110, and 56, respectively (CCR, 2001). A more recent survey at NWSR 
between 2000 and 2004 showed Steller sea lion numbers ranged from 175 
to 354 in July (M. Lowry, NMFS/SWFSC, unpubl. data). Winter use of NWSR 
by Steller sea lion is presumed to be minimal, due to inundation of the 
natural portion of the island by large swells.

Cetaceans

    There are several endangered cetaceans that may be transiting near 
the project area: the blue (Balaenoptera musculus), fin (Balaenoptera 
physalus), humpback (Megaptera novaeanliae), sei (Balaenoptera 
borealis), north Pacific right (Eubalena japonica), sperm (Physeter 
macrocephalus), and southern resident killer (Orcinus orca) whales. 
Therefore, these species are typically found farther offshore than the 
proposed action area. However, this proposed IHA will only address 
requested take authorizations for pinnipeds.

Potential Effects of the Proposed Activity on Marine Mammals

Possible Effects of Aircraft Operations

    The proposed helicopter operations have the potential to adversely 
impact Steller sea lions, California sea lions, Pacific harbor seals, 
and northern fur seals, hauled out on the rocky islet. Noise generated 
from helicopter activities may cause harassment of pinnipeds, both 
hauled out and in the water, at or directly below the surface.
    The physical presence of aircraft could also lead to non-acoustic 
effects on marine mammals involving visual or other cues. Airborne 
sound from a low flying helicopter or airplane may be heard by marine 
mammals while at the surface or underwater. In general, helicopters 
tend to be noisier than fixed wing aircraft of similar size, and larger 
aircraft tend to be louder than those that are smaller. Underwater 
sounds from aircraft are strongest just below the surface and directly 
under the aircraft.

[[Page 49856]]

Noise from aircraft would not be expected to cause direct physical 
effects but have the potential to affect behavior. The primary factor 
that may influence abrupt movements of animals is engine noise, 
specifically changes in engine noise. Responses by mammals could 
include hasty dives or turns, change in course, or flushing and 
stampeding from a haul out site. There are few well documented studies 
of the impacts of aircraft overflight over pinniped haul out sites or 
rookeries, and many of those that exist, are specific to military 
activities (Efroymson et al., 2001).
    Several factors complicate the analysis of long- and short-term 
effects for aircraft overflights. Information on behavioral effects of 
overflights by military aircraft (or component stressors) on most 
wildlife species is sparse. Moreover, models that relate behavioral 
changes to abundance or reproduction, and those that relate behavioral 
or hearing effects thresholds from one population to another are 
generally not available. In addition, the aggregation of sound 
frequencies, durations, and the view of the aircraft into a single 
exposure metric is not always the best predictor of effects and it may 
also be difficult to calculate. Overall, there has been no indication 
that single or occasional aircraft flying above pinnipeds in water 
cause long term displacement of these animals (Richardson et al., 
1995). The Lowest Observed Adverse Effects Levels (LOAELs) are rather 
variable for pinnipeds on land, ranging from just over 150 m (492 ft) 
to about 2,000 m (6,562 ft) (Efroymson et al., 2001). A conservative 
(90th percentile) distance effects level is 1,150 m (3,773 ft). Most 
thresholds represent movement away from the overflight. Bowles and 
Stewart (1980) estimated an LOAEL of 305 m (1,000 ft) for helicopters 
(low and landing) in California sea lions and harbor seals observed on 
San Miguel Island, CA; animals responded to some degree by moving 
within the haul out and entering into the water, stampeding into the 
water, or clearing the haul out completely. Both species always 
responded with the raising of their heads. California sea lions 
appeared to react more to the visual cue of the helicopter than the 
noise.
    It is likely that a helicopter landing at the Station would cause 
100 percent of the pinnipeds on NWSR to flush, however, they appear to 
show rapid habituation to helicopter landing and departure (Crescent 
Coastal Research, 2001; Guy Towers, SGRLPS, pers. com.). According to 
the CCR Report (2001), while up to 40 percent of the California and 
Steller sea lions present on the rock have been observed to enter the 
water on the first of a series of helicopter landings, as few as 0 
percent have flushed on subsequent landings on the same date.
    Noise testing performed on the R44 Raven Helicopter, as required 
for Federal Aviation Administration approval, required an overflight at 
150 m (492 ft) above ground level, 109 knots and a maximum gross weight 
of 1,134 kg (2,500 lbs). The noise levels measured on the ground at 
this distance and speed were 81.9 decibels (dB) (A-weighted) for the 
model R44 Raven I, or 81.0 dB (A-weighted) for the model R44 Raven II 
(NMFS, 2007).
    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 the Station 
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 initial helicopter approaches. The movement to the 
water is expected to be gradual due to the required controlled 
helicopter approaches (see Mitigation and Monitoring section), the 
small size of the aircraft, relatively quiet rotors, and behavioral 
habituation on the part of the animals as helicopter trips continue 
throughout the day. During the sessions of helicopter activity, some 
animals may be temporarily displaced from the island and either raft in 
the water or relocate to other haul-outs.
    Sea lions have shown habituation to helicopter flight within a day 
at the project site and most animals are expected to return soon after 
helicopter activities cease for that day. By clustering helicopter 
arrival/departures within a short time period, animals are expected to 
show less response to subsequent landings. No impact on the population 
size or breeding stock of Steller sea lions, California sea lions, 
Pacific harbor seals, or northern fur seals is expected to occur.

Possible Effects of Restoration and Light Maintenance Activities

    The proposed restoration activities have the potential to adversely 
impact Steller sea lions, California sea lions, Pacific harbor seals, 
and northern fur seals, hauled out on NWSR. Restoration and maintenance 
activities would involve 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, upgrading the 
present electrical system; and annual light beacon maintenance.
    Any noise associated with these activities is likely to be from 
light construction (e.g., sanding, hammering, or use of hand drills) 
and the pinnipeds may be disturbed by human presence. Animals respond 
to disturbance from humans in the same way as they respond to the risk 
of predation, by avoiding areas of high risk, either completely or by 
using them for limited periods (Gill et al., 1996). There is increasing 
recognition that the effect of human disturbance on wildlife is highly 
dependent on the nature of the disturbance (Burger et al., 1995; Klein 
et al., 1995; and Kucey, 2005). Disturbances resulting from human 
activity and can impact short- and long-term pinniped haul out behavior 
(Renouf et al., 1981; Schneider and Payne, 1983; Terhune and Almon, 
1983; Allen et al., 1984; Stewart, 1984; Suryan and Harvey, 1999; 
Mortenson et al., 2000; and Kucey and Trites, 2006). The apparent 
skittishness of both harbor seals and Steller sea lions raises concerns 
regarding behavioral and physiological impacts to individuals and 
populations experiencing high levels of human disturbance. It is well 
known that human activity can flush harbor seals off haul out sites 
(Allen et al., 1984; Calambokidis et al., 1991; Suryan and Harvey, 
1999; Mortenson et al., 2000).
    The Hawaiian monk seal (Monachus schauinslandi) has been shown to 
avoid beaches that have been disturbed often by humans (Kenyon, 1972). 
Stevens and Boness (2003) concluded that after the 1997-98 El Nino, 
when populations of the South American fur seal, Arctocephalus 
australis, in Peru declined dramatically, seals abandoned some of their 
former primary breeding sites, but continued to breed at adjacent 
beaches that were more rugged (i.e., less likely to be used by humans). 
Abandoned and unused sites were more likely to have human disturbance 
than currently used sites. In once case, human disturbance appeared to 
cause Steller sea lions to desert a breeding area at Northeast Point on 
St. Paul Island, Alaska (Kenyon, 1962). However, no impact on the 
population size or breeding stock of Steller sea lions, California sea 
lions, Pacific harbor seals, or northern fur seals is expected to 
occur.
    The SGRLPS also expects that there will be no long- or short-term 
physical impacts to pinniped habitat on NWSR. The SGRLPS proposes to 
confine all restoration activities to the existing

[[Page 49857]]

structure which would occur on the upper levels of the Station which 
are not used by marine mammals. The SGRLPS would remove all waste, 
discarded materials, and equipment from the island after each visit.

Mortality

    Sudden movement of large numbers of animals may cause a stampede. 
In order to prevent such stampedes from occurring within the sea lion 
colony, certain mitigation requirements and restrictions, such as 
controlled helicopter approaches and limited access period during the 
pupping season, will be imposed should an IHA be issued. As such, and 
because any pinnipeds nearby likely would avoid the approaching 
helicopter, the SGRLPS anticipates that there will be no instances of 
injury or mortality during the proposed project.

Proposed Monitoring

    At least once during the period between November 1, 2009, and April 
30, 2010, a qualified biologist shall be present during all three 
workdays at the Station. The biologist hired will be subject to 
approval of NMFS and this requirement may be modified depending on the 
results of the first year of monitoring.
    The qualified biologist shall document use of the island by the 
Steller sea lions, frequency, (i.e., 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 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. These photographs will be forwarded 
to a biologist capable of discerning marine mammal species. 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.

Proposed Mitigation

    As a way to reduce potential Level B behavioral harassment to 
marine mammals that would result from the proposed project, NMFS 
proposes that the following mitigation measures would be required.
    Time and Frequency: Lighthouse restoration activities are to be 
conducted at maximum once per month between November 1, 2009, and April 
30, 2010. 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. 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, or 
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 restoration and maintenance mission for that day.
    Avoidance of Visual and Acoustic Contact with People on Island: The 
SGRLPS members and restoration crews shall be instructed to avoid 
making unnecessary noise and not expose themselves visually to 
pinnipeds around the base of the lighthouse. Although no impacts from 
these activities were seen during the CCR study, it is relatively 
simple to avoid this potential impact. The door to the lower platform 
(which is used at times by pinnipeds) shall remain closed and 
barricaded to all tourists and other personnel.

Proposed Reporting

    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. The interim report will summarize the 
dates and locations of restoration and maintenance activities, and all 
marine mammal sightings (dates, times, locations, activities, 
associated with the project). The interim report will also include 
estimates of the number and nature of exposures that could result in 
the takes of marine mammals by incidental harassment as well as a 
description of the implementation and effectiveness of the monitoring 
and mitigation measures of the IHA.
    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.

Estimated Take by Incidental Harassment

    It is estimated that approximately 204 California sea lions, 172 
Steller sea lions, 36 Pacific harbor seals, and 6 northern fur seals 
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 30 
hours of aircraft operations during the course of the proposed 
activity. These estimates are also based on pinniped survey counts 
conducted by CCR on NWSR in the spring of 1997, 1998, 1999, and 2000 
(CCR, 2001), calculated for the population variance or average monthly 
abundance for the six months of the proposed restoration and 
maintenance project between November 1, 2009, and April 30, 2010. These 
incidental harassment take numbers represent 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.

[[Page 49858]]

    All of the potential takes are expected to be Level B behavioral 
harassment only. Because of the mitigation measures that will be 
required and the likelihood that some pinnipeds will avoid the area, no 
injury or mortality to pinnipeds is expected or requested.

Negligible Impact Determination

    NMFS has preliminarily determined, provided that the aforementioned 
mitigation and monitoring measures are implemented, that the impact of 
conducting aircraft operations, restoration, and maintenance activities 
on St. George Reef Light Station on NWSR may result, at worst, in a 
temporary modification in behavior and/or low-level physiological 
effects (Level B Harassment) of small numbers of certain species of 
marine mammals. While behavioral and avoidance reactions may be made by 
these species in response to the resultant noise from the airguns, 
these behavioral changes are expected to have a negligible impact on 
the affected species and stocks of marine mammals. While the number of 
potential incidental harassment takes will depend on the distribution 
and abundance of marine mammals on NWSR, the number of potential 
harassment takings is estimated to be relatively small in light of the 
population size. In addition, no take by death and/or serious injury is 
anticipated.

Endangered Species Act (ESA)

    Under section 7 of the ESA, the USCG has begun consultation on the 
proposed restoration, maintenance activities. NMFS will also consult 
internally on the issuance of an IHA under section 101(a)(5)(D) of the 
MMPA for this activity. Consultation will be concluded prior to a 
determination on the issuance of an IHA.

National Environmental Policy Act (NEPA)

    NMFS is currently preparing an Environmental Assessment for the 
proposed activity. Before making a determination on the issuance of an 
IHA, NMFS will ensure compliance with NEPA and its implementing 
regulations. The EA will be available on the NMFS website upon 
completion.

Preliminary Conclusions

    Based on the preceding information, and provided that the proposed 
mitigation and monitoring are incorporated, NMFS has preliminarily 
concluded that the impact of the proposed helicopter operations, 
Station restoration and maintenance activities on NWSR in Del Norte 
County, California would incidentally take, by level B behavioral 
harassment only, small numbers of Steller sea lions and California sea 
lions in the vicinity of the proposed activities.
    While behavioral modifications, including temporarily vacating the 
area during the lighthouse restoration and maintenance period, may be 
made by these species to avoid the resultant helicopter landing/takeoff 
and visual disturbance from human presence, the availability of 
alternate areas within these areas and haul-out sites, and the short 
and sporadic duration of the restoration and maintenance activities, 
have led NMFS to preliminarily determine that this action will have a 
negligible impact on Steller sea lions, California sea lions, Pacific 
harbor seals, and northern fur seals.
    There is no subsistence harvest of marine mammals on or near NWSR; 
therefore, there will be no impact of the activity on the availability 
of the species or stocks of marine mammals for subsistence uses. No 
take by Level A harassment (injury) or death is anticipated and 
harassment takes should be at the lowest level practicable due to 
incorporation of the mitigation measures proposed in this document.

Proposed Authorization

    NMFS proposes to issue an IHA to the SGRLPS to conduct aircraft 
operations and restoration and maintenance work on the St. George Reef 
Light Station on Northwest Seal Rock in the northeast Pacific Ocean 
during November 1, 2009, through April 30, 2010, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are incorporated.

    Dated: September 23, 2009.
Helen M. Golde,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. E9-23489 Filed 9-28-09; 8:45 am]
BILLING CODE 3510-22-S


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