[Federal Register Volume 72, Number 100 (Thursday, May 24, 2007)]
[Notices]
[Pages 29128-29129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9964]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XA38


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Coastal Commercial Fireworks Displays at Monterey Bay 
National Marine Sanctuary, CA

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

ACTION:  Notice; issuance of a letter of authorization.

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SUMMARY:  In accordance with the Marine Mammal Protection Act (MMPA) 
and implementing regulations, notification is hereby given that a 1-
year letter of authorization (LOA) has been issued to the Monterey Bay 
National Marine Sanctuary (MBNMS or the Sanctuary) to incidentally 
take, by Level B Harassment only, California sea lions (Zalophus 
californianus) and Pacific harbor seals (Phoca vitulina) incidental to 
authorizing professional fireworks displays within the Sanctuary in 
California waters.

DATES:  The LOA will be effective from July 4, 2007, through July 3, 
2008.

ADDRESSES:  The LOA and supporting documentation are available by 
writing to 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, by 
telephoning one of the contacts listed here (FOR FURTHER INFORMATION 
CONTACT), or online at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this notice may be viewed, by 
appointment, during regular business hours, at the aforementioned 
address and at the Southwest Region, NMFS, 501 West Ocean Boulevard, 
Suite 4200, Long Beach, CA 90802.

FOR FURTHER INFORMATION CONTACT:  Jolie Harrison, Office of Protected 
Resources, NMFS, (301) 713-2289, or Monica DeAngelis, Southwest 
Regional Office, NMFS, (562) 980-4023.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
NMFS to allow, on request, the incidental, but not intentional, taking 
of small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and regulations are 
issued. Under the MMPA, the term ``taking'' means to harass, hunt, 
capture, or kill or to attempt to harass, hunt, capture or kill marine 
mammals.
    Authorization may be granted for periods up to 5 years if NMFS 
finds, after notification and opportunity for public comment, that the 
taking will have a negligible impact on the species or stock(s) of 
marine mammals and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses. In 
addition, NMFS must prescribe regulations that include permissible 
methods of taking and other means effecting the least practicable 
adverse impact on the species and its habitat and on the availability 
of the species for subsistence uses, paying particular attention to 
rookeries, mating grounds, and areas of similar significance. The 
regulations must include requirements for monitoring and reporting of 
such taking.
    Regulations governing the taking of California sea lions and 
Pacific harbor seals, by Level B harassment, incidental to the 
authorization of fireworks displays within the Sanctuary became 
effective on July 4, 2006, and remain in effect until July 3, 2011. For 
detailed information on this action, please refer to the original 
Federal Register notice at 71 FR 40928 (July 19, 2006). These 
regulations include mitigation, monitoring, and reporting requirements 
for the incidental taking of marine mammals during the fireworks 
displays within the Sanctuary boundaries. This will be the second LOA 
issued pursuant to these regulations.

Summary of Request

    On February 27, 2007, NMFS received a request for an LOA pursuant 
to the aforementioned regulations that would authorize, for a period 
not to exceed 1 year, take of marine mammals incidental to fireworks 
displays at the MBNMS. Justification for conducting fireworks displays 
within the MBNMS can be found in the proposed rule (71 FR 25544).

Summary of Activity and Monitoring Under the Current LOA

    In compliance with the 2006 LOA, the MBNMS submitted an annual 
report on the fireworks displays at MBNMS. A summary of that report 
follows.
    Four fireworks displays took place within the MBNMS in 2006. 
Observers conducted pre-event census to document abundance of marine 
mammals and protected species pre-event and post-event surveys to 
record any injured or dead wildlife species. Pre-event monitoring of 
the City of Monterey Bay Independence fireworks found 61 sea lions, 
nine harbor seals, and six sea otters (Enhydra lutris) in the vicinity 
of the event area. Post-monitoring revealed no dead or injured marine 
mammals and one dead cormorant; however, dead birds are commonly found 
on area beaches and this death could not be contributed directly to the 
fireworks display. Observers monitored the area around the location of 
Cambria Independence Day fireworks display and found no animals present 
at the site before the event and no dead or injured marine mammals or 
other animal species post-event. On July 30, 2006, Pacific Grove hosted 
The Feast of Lanterns Annual Fireworks display. On July 28, 2006, a 
pre-census count found seventeen harbor seals and three sea otters 
within the display area. A non-mandatory census was also conducted on 
July 29 with no marine mammals observed, possibly due to music, 
festivities, and increased human presence in the area. No dead or 
injured marine mammals were reported for this event. The Monte 
Foundation fireworks display was held on October 14, and a pre-event 
census was conducted on October 13. The census revealed four harbor 
seals and one sea otter in the area. No animals were reported dead or 
injured the day after the event.
    In summary, the total number of potentially harassed sea lions (61) 
and harbor seals (13) for all fireworks displays, was well below the 
authorized limits as stated in the final rule (71 FR 40928). No dead or 
injured marine mammals were reported for all events. These monitoring 
results supports NMFS initial findings that fireworks display will 
result in no more than Level B harassment of small numbers of 
California sea lions and harbor seals and that effects will be limited 
to short term behavioral changes, including temporary abandonment of 
haulouts to avoid sights and sounds of commercial fireworks.

[[Page 29129]]

Authorization

    Accordingly, NMFS has issued an LOA to MBNMS authorizing the Level 
B harassment of marine mammals incidental to the authorization of 
fireworks display within the Sanctuary. Issuance of this LOA is based 
on findings, described in the preamble to the final rule (71 FR 40928, 
July 19, 2006), that the activities described under this LOA will have 
a negligible impact on marine mammal stocks and will not have an 
unmitigable adverse impact on the availability of the affected marine 
mammal stock for subsistence uses. No mortality or injury of affected 
species is anticipated.

    Dated: May 17, 2007.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E7-9964 Filed 5-23-07; 8:45 am]
BILLING CODE 3510-22-S