49852 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Southeast Region, NMFS, 263 13th 

Avenue, South, St. Petersburg, FL 

33701; phone (727)824–5312; fax 

(727)824–5309. 

Written comments or requests for a 

public hearing on this application 

should be mailed to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular request would 

be appropriate. 

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 14655. 

FOR FURTHER INFORMATION CONTACT: Kate 

Swails or Patrick Opay, (301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject permit is requested under the 

authority of the Endangered Species Act 

of 1973, as amended (ESA; 16 U.S.C. 

1531 et seq.) and the regulations 

governing the taking, importing, and 

exporting of endangered and threatened 

species (50 CFR parts 222–226). 

The applicant proposes to continue to 

monitor the abundance and distribution 

of sea turtles in the waters of Mosquito 

Lagoon in Volusia and Brevard 

Counties, Florida. Up to 40 green, 40 

loggerhead, and 1 Kemp’s ridley sea 

turtles would be captured, flipper and 

PIT tagged, blood sampled and/or tissue 

biopsied, lavaged, and released 

annually. Up to 12 green and 10 

loggerhead turtles may be tracked using 

a sonic transmitter. The permit is 

requested for five years. 

Dated: September 24, 2009. 

P. Michael Payne, 

Chief, Permits, Conservation and Education 

Division, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–23471 Filed 9–28–09; 8:45 am] 

BILLING CODE 3510–22–S 

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. 

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 EastWest Highway, Silver Spring, MD 

20910–3225. The mailbox address for 

providing email comments is PR1.0648– 

XE28@noaa.gov. Comments sent via email, 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 


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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° 50’24’’ N, 124° 

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 twobladed 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°46′48′′ N; 

Longitude: 124°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 


jlentini on DSKJ8SOYB1PROD with NOTICES
49854 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

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 


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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. 


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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) (Aweighted) 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 longterm 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 


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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. 


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49858 Federal Register / Vol. 74, No. 187 / Tuesday, September 29, 2009 / Notices 

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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XR87 

Marine Mammals; File No. 1100–1849 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; receipt of application for 

amendment. 

SUMMARY: Notice is hereby given that 

Shane Moore, Moore & Moore Films, 

Box 2980, 1203 Melody Creek Lane, 

Jackson, Wyoming 83001, has applied 

for an amendment to Commercial 

Photography Permit No. 1100–1849. 

DATES: Written, telefaxed, or e-mail 

comments must be received on or before 

October 29, 2009. 

ADDRESSES: The application and related 

documents are available upon written 

request or by appointment in the 

following offices: 

Permits, Conservation and Education 

Division, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910; phone 

(301)713–2289; fax (301)713–0376; and 

Alaska Region, NMFS, P.O. Box 

21668, Juneau, AK 99802–1668; phone 

(907)586–7221; fax (907)586–7249. 

Written comments or requests for a 

public hearing on this request should be 

submitted to the Chief, Permits, 

Conservation and Education Division, 

F/PR1, Office of Protected Resources, 

NMFS, 1315 East-West Highway, Room 

13705, Silver Spring, MD 20910. Those 

individuals requesting a hearing should 

set forth the specific reasons why a 

hearing on this particular amendment 

request would be appropriate. 

Comments may also be submitted by 

facsimile at (301)713–0376, provided 

the facsimile is confirmed by hard copy 

submitted by mail and postmarked no 

later than the closing date of the 

comment period. 

Comments may also be submitted by 

e-mail. The mailbox address for 

providing e-mail comments is 

NMFS.Pr1Comments@noaa.gov. Include 

in the subject line of the e-mail 

comment the following document 

identifier: File No. 1100–1849. 

FOR FURTHER INFORMATION CONTACT: 

Carrie Hubard or Amy Hapeman, 

(301)713–2289. 

SUPPLEMENTARY INFORMATION: The 

subject amendment to Permit No. 1100– 

1849 is requested under the authority of 

the Marine Mammal Protection Act of 

1972, as amended (16 U.S.C. 1361 et 

seq.) and the regulations governing the 

taking and importing of marine 

mammals (50 CFR part 216). 

Permit No. 1100–1849, issued on 

March 22, 2007 (72 FR 14525), 

authorizes the permit holder to take 10 

killer whales (Orcinus orca) of the 

Eastern North Pacific Transient stock, 

10 gray whales (Eschrichtius robustus), 

and 10 minke whales (Balaenoptera 

acutorostrata) annually by close 

approach for filming in the Gulf of 

Alaska and Bering Sea. The purpose of 

the project is to document the behavior 

of marine animals in the presence of the 

carcass of a gray or minke whale that 

was killed by killer whales. The holder 


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