Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 8811 

Atmospheric Administration (NOAA), 

Department of Commerce (DOC). 

ACTION: Notice and request for 

applications. 

SUMMARY: The ONMS is seeking 

applications for the following vacant 

seats on the Gray’s Reef National Marine 

Sanctuary Advisory Council: Sport 

diving and charter/commercial fishing. 

Applicants are chosen based upon their 

particular expertise and experience in 

relation to the seat for which they are 

applying; community and professional 

affiliations; philosophy regarding the 

protection and management of marine 

resources; and possibly the length of 

residence in the area affected by the 

sanctuary. Applicants who are chosen 

as members should expect to serve 3- 

year terms, pursuant to the council’s 

Charter. 

DATES: Applications are due by March 

30, 2012. 

ADDRESSES: Application kits may be 

obtained from Becky Shortland, Council 

Coordinator (becky.shortland@noaa.gov, 

10 Ocean Science Circle, Savannah, GA 

31411; 912–598–2381). Completed 

applications should be sent to the same 

address. 

FOR FURTHER INFORMATION CONTACT: 

Becky Shortland, Council Coordinator 

(becky.shortland@noaa.gov, 10 Ocean 

Science Circle, Savannah, GA 31411; 

912–598–2381. 

SUPPLEMENTARY INFORMATION: The 

sanctuary advisory council was 

established in August 1999 to provide 

advice and recommendations on 

management and protection of the 

sanctuary. The advisory council, 

through its members, also serves as 

liaison to the community regarding 

sanctuary issues and represents 

community interests, concerns, and 

management needs to the sanctuary and 

NOAA. 

Authority: 16 U.S.C. Sections 1431, et seq. 

(Federal Domestic Assistance Catalog 

Number 11.429 Marine Sanctuary Program) 

Daniel J. Basta, 

Director, Office of National Marine 

Sanctuaries, National Ocean Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2012–3465 Filed 2–14–12; 8:45 am] 

BILLING CODE 3510–NK–M 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA941 

Takes of Marine Mammals Incidental to 

Specified Activities; St. George Reef 

Light Station Restoration and 

Maintenance at Northwest Seal Rock, 

Del Norte County, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

take authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an Incidental 

Harassment Authorization (IHA) to the 

St. George Reef Lighthouse Preservation 

Society (SGRLPS) to take marine 

mammals, by Level B harassment only, 

incidental to conducting aircraft 

operations, and lighthouse renovation 

and light maintenance activities on the 

St. George Reef Light Station on 

Northwest Seal Rock (NWSR) in the 

northeast Pacific Ocean, from the period 

of February 10, 2012, through April 30, 

2012, or during the period of November 

1, 2012, through December 31, 2012. 

DATES: This authorization is effective 

from February 10, 2012, through April 

30, 2012, and during the period of 

November 1, 2012, through December 

31, 2012. 

ADDRESSES: A copy of the IHA and 

application are available by writing to P. 

Michael Payne, Chief, Permits, 

Conservation and Education Division, 

Office of Protected Resources, National 

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

20910. An electronic copy of the 

application containing a list of the 

references used in this document may 

be obtained by writing to the above 

address, telephoning the contact listed 

here (see FOR FURTHER INFORMATION

CONTACT) or visiting the internet at: 

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

incidental.htm#applications. The 

following associated documents are also 

available at the same internet address: 

Environmental Assessment (EA) 

prepared by NMFS; and the finding of 

no significant impact (FONSI). 

Documents cited in this notice may be 

viewed, by appointment, during regular 

business hours, at the aforementioned 

address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, NMFS, Office of 

Protected Resources, NMFS, (301) 427– 

8401 or Monica DeAngelis, NMFS 

Southwest Regional Office, (562) 980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

Section 101(a)(5)(D) of the Marine 

Mammal Protection of 1972, as 

amended (MMPA;16 U.S.C. 1361 et seq.) 

directs the Secretary of Commerce to 

authorize, upon request, the incidental, 

but not intentional, taking by 

harassment of small numbers of marine 

mammals of a species or population 

stock, by United States citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental taking of 

small numbers of marine mammals shall 

be granted if NMFS finds that the taking 

will have a negligible impact on the 

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

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). The 

authorization must set forth the 

permissible methods of taking, other 

means of effecting the least practicable 

adverse impact on the species or stock 

and its habitat, and requirements 

pertaining to the mitigation, monitoring 

and reporting of such takings. NMFS 

has defined ‘‘negligible impact’’ in 50 

CFR 216.103 as ‘‘ * * * an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival.’’ 

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

establishes an expedited process by 

which citizens of the United States can 

apply for an authorization to 

incidentally take small numbers of 

marine mammals by 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. Within 45 days of the close 

of the public comment period, NMFS 

must either issue or deny the 

authorization. NMFS must publish a 

notice in the Federal Register within 30 

days of its determination to issue or 

deny the authorization. 

Except with respect to certain 

activities not pertinent here, the MMPA 


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8812 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 

defines ‘‘harassment’’ as: ‘‘ * * * Any 

act of pursuit, torment, or annoyance 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild [Level A harassment]; 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment].’’ 

Summary of Request 

NMFS received an application on 

October 7, 2011, from the SGRLPS for 

the taking by harassment, of marine 

mammals, incidental to conducting 

aircraft operations and restoration and 

maintenance activities on the St. George 

Reef Light Station (Station). NMFS 

determined that application complete 

and adequate on October 21, 2011. 

NMFS made the complete application 

available for public comment (see 

ADDRESSES) for this IHA. 

The SGRLPS aims to: (1) Restore and 

preserve the Station on a monthly basis 

(November 1 through April 30, 

annually); and (2) perform periodic, 

annual maintenance on the Station’s 

optical light system. The Station, which 

is listed in the National Park Service’s 

National Register of Historic Places, is 

located on Northwest Seal Rock (NWSR) 

offshore of Crescent City, California in 

the northeast Pacific Ocean. 

The specified activities would occur 

in the vicinity of a possible pinniped 

haul out site located on NWSR. 

Acoustic and visual stimuli generated 

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

noise generated during restoration 

activities (e.g., painting, plastering, 

welding, and glazing); (3) maintenance 

activities (e.g., bulb replacement and 

automation of the light system); and (4) 

human presence, may have the potential 

to cause any pinnipeds hauled out on 

NWSR to flush into the surrounding 

water or to cause a short-term 

behavioral disturbance. These types of 

disturbances are the principal means of 

marine mammal taking associated with 

these activities and the SGRLPS has 

requested an authorization to take 204 

California sea lions (Zalophus 

californianus); 36 Pacific Harbor seals 

(Phoca vitulina); 172 Steller sea lions 

(Eumetopias jubatus); and six northern 

fur seals (Callorhinus ursinus) by Level 

B harassment. 

To date, NMFS has issued two, 1-year 

IHAs to the SGRLPS for the conduct of 

the same activities from 2009 to 2011. 

This will be the SGRLPS’ third IHA. 

Description of the Specified Activity 

SGRLPS would conduct the activities 

(aircraft operations, lighthouse 

restoration, and light maintenance 

activities) between February 10, 2012, 

through April 30, 2012, and during the 

period of November 1, 2012, through 

December 31, 2012, at a maximum 

frequency of one session per month. The 

duration for each session would last no 

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

Saturday, and Sunday). 

Aircraft Operations 

Because NWSR has no safe landing 

area for boats, the restoration activities 

would require the SGRLPS to transport 

personnel and equipment from the 

California mainland to NWSR by a small 

helicopter. SGRLPS would 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 36 helicopter 

landings/takeoffs per month. 

Lighthouse Restoration Activities 

Restoration activities would include 

the removal of peeling paint and plaster, 

restoration of interior plaster and paint, 

refurbishing structural and decorative 

metal, reworking original metal support 

beams throughout the lantern room and 

elsewhere, replacing glass as necessary, 

and upgrading the present electrical 

system. The SGRLPS expects to 

complete most of the major restoration 

work within five years. 

Light Maintenance Activities 

The SGRLPS will need to conduct 

maintenance on the Station’s beacon 

light at least once or up to two times per 

year within the work window. 

Scheduled light maintenance activities 

would coincide with lighthouse 

restoration activities conducted monthly 

during the period of February through 

April, 2012 and during the period of 

November through December, 2012. The 

SGRLPS expects that maintenance 

activities would not exceed three hours 

per each monthly session. 

Emergency Light Maintenance 

If the beacon light fails during the 

period from February 10, 2012, through 

April 30, 2012, or during the period of 

November 1, 2012, through December 

31, 2012, the SGRLPS would send a 

crew of two to three people to the 

Station by helicopter to repair the 

beacon light. For each emergency repair 

event, the SGRLPS would conduct a 

maximum of four flights (two arrivals 

and two departures) to transport 

equipment and supplies. 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 May 1, 2012, and October 31, 

2012, 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-bycase basis, based upon the existing 

environmental conditions and the 

abundance and distribution of any 

marine mammals present on NWSR. 

The SWRO biologists would have realtime knowledge regarding the animal 

use and abundance of the NWSR at the 

time of the repair request and would 

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. 

NMFS has outlined the purpose of the 

program in a previous notice for the 

proposed IHA (76 FR 79157, December 

21, 2011). The planned activities have 

not changed between the proposed IHA 

notice and this final notice announcing 

the issuance of the IHA. For a more 

detailed description of the authorized 

action, including aircraft and acoustic 

source specifications, the reader should 

refer to the notice for the proposed IHA 

(76 FR 79157, December 21, 2011). 

Comments and Responses 

NMFS published a notice of receipt of 

the SGRLPS’ application and proposed 

IHA in the Federal Register on 

December 21, 2011 (76 FR 79157). 

During the 30-day comment period, 

NMFS received comments from the 

Marine Mammal Commission 

(Commission) only. The Commission 

recommended that NMFS issue the 

requested authorization, provided that 

the required monitoring and mitigation 

measures are carried out (e.g., 

restrictions on the timing and frequency 

of activities, restrictions on helicopter 

approaches, timing measures for 

helicopter landings, and measures to 

minimize acoustic and visual 

disturbances) as described in NMFS’ 

December 21, 2011 (76 FR 79157) notice 

of the proposed IHA and the 

application. All measures proposed in 

the initial Federal Register notice are 

included within the authorization and 

NMFS has determined that they will 

effect the least practicable impact on the 

species or stocks and their habitats. 


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Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 8813 

Description of the Specified Geographic 

Region 

The Station is located on a small, 

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

approximately nine kilometers (km) (6.0 

miles (mi)) in the northeast Pacific 

Ocean, offshore of Crescent City, 

California (Latitude: 41°46′48′′ N; 

Longitude: 124°14′11′′ W). 

Description of Marine Mammals in the 

Area of the Specified Activity 

The marine mammal species likely to 

be harassed incidental to helicopter 

operations, lighthouse restoration, and 

lighthouse maintenance on NWSR are 

the California sea lion, the Pacific 

harbor seal, the eastern Distinct 

Population Segment (DPS) of Steller sea 

lion, and the eastern Pacific stock of 

northern fur seal. California sea lions 

and Pacific harbor seals are not listed as 

threatened or endangered under the 

Endangered Species Act (ESA; 16 U.S.C. 

1531 et seq.), nor are they categorized as 

depleted under the MMPA. Northern fur 

seals are not listed as threatened or 

endangered under the ESA. However, 

they are categorized as depleted under 

the MMPA. Last, the eastern DPS of 

Steller sea lion, is listed as threatened 

under the ESA and is categorized as 

depleted under the MMPA. 

NMFS has presented a more detailed 

discussion of the status of these stocks 

and their occurrence in the 

northwestern Pacific Ocean, as well as 

other marine mammal species that may 

occur around NWSR in the notice for 

the proposed IHA (76 FR 79157, 

December 21, 2011). 

Potential Effects of the Activity on 

Marine Mammals 

Acoustic and visual stimuli generated 

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

noise generated during restoration 

activities (e.g., painting, plastering, 

welding, and glazing); and (3) 

maintenance activities (e.g., bulb 

replacement and automation of the light 

system) may have the potential to cause 

Level B harassment of any pinnipeds 

hauled out on NWSR. The effects of 

sounds from helicopter operations and/ 

or restoration and maintenance 

activities might include one of the 

following: temporary or permanent 

hearing impairment or behavioral 

disturbance (Southall, et al., 2007). 

There is a dearth of information on 

acoustic effects of helicopter overflights 

on pinniped hearing and 

communication (Richardson et al., 

1995) and to NMFS’ knowledge, there 

has been no specific documentation of 

temporary or permanent hearing 

impairment in free-ranging pinnipeds 

exposed to helicopter operations during 

realistic field conditions. Any noise 

attributed to the SGRLPS’ helicopter 

operations on NWSR would be shortterm (approximately five minutes per 

trip) and NMFS would expect the 

ambient noise levels to return to a 

baseline state when helicopter 

operations have ceased for the day. 

NMFS does not expect that the 

increased received levels of sound from 

the helicopter would cause temporary or 

permanent hearing impairment because 

the pinnipeds would flush before the 

helicopter approached NWSR; thus 

increasing the distance between the 

pinnipeds and the received sound levels 

on NWSR during the specified 

activities. 

Some behavioral disturbance is 

expected; however NMFS expects the 

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

Level B behavioral harassment of 

pinnipeds may occur during helicopter 

landing and takeoff from NWSR due to 

the pinnipeds temporarily moving from 

the rocks and lower structure of NWSR 

into the sea due to the noise and 

appearance of helicopter during 

approaches and departures. It is 

expected that all or a portion of the 

marine mammals hauled out on the 

island will depart the rock and move 

into the water upon the initial 

helicopter approach. 

The notice of the proposed IHA (76 

FR 79157, December 21, 2011) provided 

a discussion of: (1) The sound levels 

produced by the helicopter; (2) 

behavioral reactions of pinnipeds to 

helicopter operations and light 

construction noise; (3) hearing 

impairment and other non-auditory 

physical effects; (4) behavioral reactions 

to visual stimuli; (5) and specific 

observations gathered during previous 

monitoring of the marine mammals 

present on NWSR. NMFS refers readers 

to the reader to the SGRLPS’ application 

and NMFS’ EA for additional 

information on the behavioral reactions 

(or lack thereof) by pinnipeds to aircraft 

overflights. 

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, 

NMFS would require certain mitigation 

requirements and restrictions, such as 

controlled helicopter approaches and 

limited access period during the 

pupping season. As such, and because 

any pinnipeds nearby likely would 

avoid the approaching helicopter, 

NMFS anticipates that there will be no 

instances of injury or mortality during 

the project. 

Anticipated Effects on Marine Mammal 

Habitat 

The NMFS expects that there will be 

no long- or short-term physical impacts 

to pinniped habitat on NWSR. NMFS 

provided a detailed discussion of the 

potential effects of this action on marine 

mammal habitat in the notice of the 

proposed IHA (76 FR 79157, December 

21, 2011). The SGRLPS proposes to 

confine all restoration activities to the 

existing 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. The activities 

will not result in any permanent impact 

on habitats used by marine mammals, 

including the food sources they use. The 

main impact associated with the activity 

will be temporarily elevated noise levels 

and the associated direct effects on 

marine mammals. 

Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

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

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and the availability of such 

species or stock for taking for certain 

subsistence uses. 

The SGRLPS has based the mitigation 

measures described herein, to be 

implemented for the helicopter 

operations and restoration activities, on 

the following: (1) Protocols used during 

the 2010 IHA for helicopter operations 

and restoration activities as approved by 

NMFS; (2) recommended best practices 

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

reasonable and prudent measures 

implemented by the terms and 

conditions of the section 7 ESA 

Biological Opinion’s (BiOp) Incidental 

Take Statement (ITS). 

To reduce the potential for 

disturbance from acoustic and visual 

stimuli associated with the activities, 

the SGRLPS and/or its designees will 

implement the following mitigation 

measures for marine mammals: 

(1) Limit the time and frequency of 

the restoration activities; 

(2) Employ helicopter approach and 

timing techniques; and 

(3) Avoidance of visual and acoustic 

contact with marine mammals by the 

SGRLPS and/or its designees. 


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Time and Frequency: Lighthouse 

restoration activities are to be conducted 

at maximum of once per month between 

February 10, 2012, through April 30, 

2012, or between November 1, 2012, 

through December 31, 2012. Each 

restoration session will last no more 

than three days. Maintenance of the 

light beacon will occur only in 

conjunction with restoration activities. 

Helicopter Approach and Timing 

Techniques: The SGRLPS shall ensure 

that helicopter approach patterns to the 

lighthouse will be such that the timing 

techniques are least disturbing to 

marine mammals. To the extent 

possible, the helicopter should 

approach NWSR when the tide is too 

high for the marine mammals to haulout 

on NWSR. 

Since the most severe impacts 

(stampede) are precipitated by rapid and 

direct helicopter approaches, initial 

approach to the Station must be offshore 

from the island at a relatively high 

altitude (e.g., 800–1,000 ft, 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 the restoration and 

maintenance activities for that day. 

Avoidance of Visual and Acoustic 

Contact with Marine Mammals: 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 2001 

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. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

applicant’s mitigation measures in the 

context of ensuring that NMFS 

prescribes the means of effecting the 

least practicable impact on the affected 

marine mammal species and stocks and 

their habitat. Our evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation. 

Based on our evaluation of the 

applicant’s mitigation measures, NMFS 

has determined that these measures 

provide the means of effecting the least 

practicable adverse impacts on marine 

mammals species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance. 

Monitoring 

In order to issue an ITA for an 

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

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking’’. The MMPA implementing 

regulations at 50 CFR 216.104 a)(13) 

indicate that requests for IHAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

At least once during the period 

between February 10, 2012, through 

April 30, 2012, or during the period of 

November 1, 2012, through December 

31, 2012 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 

monitoring report from the 2011 season. 

The qualified biologist shall 

document use of the island by the 

pinnipeds, 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. A skilled photographer 

shall take photographs of all marine 

mammals hauled out on the island at an 

altitude greater than 300 m (984 ft), 

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. 

The SGRLPS will forward these 

photographs 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. 

Reporting 

The SGRLPS personnel will record 

data to document the number of marine 

mammals exposed to helicopter noise 

and to document apparent disturbance 

reactions or lack thereof. SGRLPS and 

NMFS will use the data to estimate 

numbers of animals potentially taken by 

Level B harassment. 

Interim Monitoring Report 

The SGRLPS will submit interim 

monitoring reports to the NMFS SWRO 

Administrator and the NMFS Director of 

Office of Protected Resources no later 

than 30 days after the conclusion of 

each monthly session. The interim 

report will describe the operations that 

were conducted and sightings of marine 

mammals near the project. The report 

will provide full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

Each interim report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

Final Monitoring Report 

In addition to the interim reports, the 

SGRLPS will submit a draft Final 

Monitoring Report to NMFS no later 

than 90 days after the project is 

completed to the Regional 

Administrator and the Director of Office 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 8815 

of Protected Resources at NMFS 

Headquarters. Within 30 days after 

receiving comments from NMFS on the 

draft Final Monitoring Report, the 

SGRLPS must submit a Final 

Monitoring Report to the Regional 

Administrator and the NMFS Director of 

Office of Protected Resources. If the 

SGRLPS receives no comments from 

NMFS on the draft Final Monitoring 

Report, the draft Final Monitoring 

Report will be considered to be the 

Final Monitoring Report. 

The final report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury (Level A harassment), 

serious injury or mortality (e.g., 

stampede), the SGRLPS shall 

immediately cease the specified 

activities and immediately report the 

incident to the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at (301) 

427–8401 and/or by email to 

Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at (562) 980–3230 

(Sarah.Wilkin@noaa.gov). 

The report must include the following 

information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with the SGRLPS to determine what is 

necessary to minimize the likelihood of 

further prohibited take and ensure 

MMPA compliance. The SGRLPS may 

not resume their activities until notified 

by NMFS via letter, email, or telephone. 

In the event that the SGRLPS 

discovers an injured or dead marine 

mammal, and the biologist (if present) 

determines that the cause of the injury 

or death is unknown and the death is 

relatively recent (i.e., in less than a 

moderate state of decomposition as 

described in the next paragraph), the 

SGRLPS will immediately report the 

incident to the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at (301) 

427–8401 and/or by email to 

Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at (562) 980–3230 

(Sarah.Wilkin@noaa.gov). The report 

must include the same information 

identified in the paragraph above. 

Activities may continue while NMFS 

reviews the circumstances of the 

incident. NMFS will work with the 

SGRLPS to determine whether 

modifications in the activities are 

appropriate. 

In the event that the SGRLPS 

discovers an injured or dead marine 

mammal, and the lead biologist (if 

present) determines that the injury or 

death is not associated with or related 

to the activities authorized in the IHA 

(e.g., previously wounded animal, 

carcass with moderate to advanced 

decomposition, or scavenger damage), 

the SGRLPS will report the incident to 

the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at (301) 

427–8401 and/or by email to 

Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at (562) 980–3230 

(Sarah.Wilkin@noaa.gov), within 24 

hours of the discovery. The SGRLPS 

will provide photographs or video 

footage (if available) or other 

documentation of the stranded animal 

sighting to NMFS. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: ‘‘ * * * any 

act of pursuit, torment, or annoyance 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild [Level A harassment]; 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment].’’ 

Only take by Level B harassment is 

anticipated and authorized as a result of 

the helicopter operations and 

restoration and maintenance activities 

on NWSR. 

Based on pinniped survey counts 

conducted by CCR on NWSR in the 

spring of 1997, 1998, 1999, and 2000 

(CCR, 2001), NMFS estimates that 

approximately 204 California sea lions 

(calculated by multiplying the average 

monthly abundance of California sea 

lions (zero in April, 1997 and 34 in 

April,1998) present on NWSR by 6 

months of the restoration and 

maintenance activities), 172 Steller sea 

lions (NMFS’ estimate of the maximum 

number of Steller sea lions that could be 

present on NWSR with a 95-percent 

confidence interval), 36 Pacific harbor 

seals (calculated by multiplying the 

maximum number of harbor seals 

present on NWSR (6) by 6 months), and 

6 northern fur seals (calculated by 

multiplying the maximum number of 

northern fur seals present on NWSR (1) 

by 6 months) could be potentially 

affected by Level B behavioral 

harassment over the course of the IHA. 

Estimates of the numbers of marine 

mammals that might be affected are 

based on consideration of the number of 

marine mammals that could be 

disturbed appreciably by approximately 

51 hrs of aircraft operations during the 

course of the activity. These incidental 

harassment take numbers represent 

approximately 0.14 percent of the U.S. 

stock of California sea lion, 0.42 percent 

of the eastern U.S. stock of Steller sea 

lion, 0.11 percent of the California stock 

of Pacific harbor seals, and 0.06 percent 

of the San Miguel Island stock of 

northern fur seal. Because of the 

required mitigation measures and the 

likelihood that some pinnipeds will 

avoid the area, no injury or mortality to 

pinnipeds is expected nor requested. 

Negligible Impact and Small Numbers 

Analysis and Determination 

NMFS has defined ‘‘negligible 

impact’’ in 50 CFR 216.103 as ‘‘ * * * 

an impact resulting from the specified 

activity that cannot be reasonably 

expected to, and is not reasonably likely 

to, adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival.’’ In making a 

negligible impact determination, NMFS 

considers: 

(1) The number of anticipated 

injuries, serious injuries, or mortalities; 

(2) The number, nature, and intensity, 

and duration of Level B harassment (all 

relatively limited); 


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8816 Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 

(3) The context in which the takes 

occur (i.e., impacts to areas of 

significance, impacts to local 

populations, and cumulative impacts 

when taking into account successive/ 

contemporaneous actions when added 

to baseline data); 

(4) The status of stock or species of 

marine mammals (i.e., depleted, not 

depleted, decreasing, increasing, stable, 

impact relative to the size of the 

population); 

(5) Impacts on habitat affecting rates 

of recruitment/survival; and 

(6) The effectiveness of monitoring 

and mitigation measures. 

For reasons stated previously in this 

document and in the notice of the 

proposed IHA (76 FR 79157, December 

21, 2011), the specified activities 

associated with the SGRLPS’ helicopter 

operations and restoration/maintenance 

activities are not likely to cause PTS, or 

other non-auditory injury, serious 

injury, or death because: 

(1) The likelihood that, given 

sufficient notice through relatively slow 

helicopter approaches, NMFS expects 

marine mammals to gradually move 

away from a noise source that is 

annoying prior to its becoming 

potentially injurious; and 

(2) The potential for temporary or 

permanent hearing impairment is 

relatively low and would likely be 

avoided through the incorporation of 

the required monitoring and mitigation 

measures. 

As mentioned previously, NMFS 

estimates that four species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the IHA. For each species, these 

numbers are small (each, less than one 

percent) relative to the population size. 

No takes by Level A harassment, 

serious injury, or mortality are 

anticipated to occur as a result of the 

SGRLPS’ specified activities, and none 

are authorized. Only short-term 

behavioral disturbance is anticipated to 

occur due to the brief and sporadic 

duration of the activities; the 

availability of alternate areas near 

NWSR for marine mammals to avoid the 

resultant acoustic disturbance; and 

limited access to NWSR during the 

pupping season. Due to the nature, 

degree, and context of the behavioral 

harassment anticipated, the activities 

are not expected to impact rates of 

recruitment or survival. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS preliminarily finds that the 

SGRLPS’ planned helicopter operations 

and restoration/maintenance activities, 

would result in the incidental take of 

small numbers of marine mammals, by 

Level B harassment only, and that the 

total taking from the helicopter 

operations and restoration/maintenance 

activities will have a negligible impact 

on the affected species or stocks. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

The Steller sea lion, eastern Distinct 

Population Segment is listed as 

threatened under the ESA and occurs in 

the action area. NMFS Headquarters’ 

Office of Protected Resources, Permits 

and Conservation Division conducted a 

formal section 7 consultation under the 

ESA with the Southwest Region, NMFS. 

On January 27, 2010, the Southwest 

Region issued a Biological Opinion 

(BiOp) and concluded that the issuance 

of IHAs are likely to adversely affect, 

but not likely to jeopardize the 

continued existence of Steller sea lions. 

NMFS has designated critical habitat for 

the eastern DPS of Steller sea lions in 

California at An ̃ o Nuevo Island, 

Southeast Farallon Island, Sugarloaf 

Island and Cape Mendocino, California 

pursuant to section 4 of the ESA (see 50 

CFR 226.202(b)). Northwest Seal Rock is 

neither within nor nearby these 

designated areas. Finally, the BiOp 

included an ITS for Steller sea lions. 

The ITS contains reasonable and 

prudent measures implemented by 

terms and conditions to minimize the 

effects of this take. NMFS has reviewed 

the 2010 BiOp and determined that 

there is no new information regarding 

effects to Stellar sea lions; the action has 

not been modified in a manner which 

would cause adverse effects not 

previously evaluated; there has been no 

new listing of species or designation of 

critical habitat that could be affected by 

the action; and, the action will not 

exceed the extent or amount of 

incidental take authorized in the ITS. 

Therefore, the IHA did not require 

reinitiation of a Section 7 consultation. 

National Environmental Policy Act 

(NEPA) 

To meet NMFS’ NEPA requirements 

for the issuance of an IHA to the 

SGRLPS, NMFS prepared an 

Environmental Assessment (EA) in 2010 

that was specific to conducting aircraft 

operations and restoration and 

maintenance work on the St. George 

Reef Light Station. The EA, titled 

‘‘Issuance of an Incidental Harassment 

Authorization to Take Marine Mammals 

by Harassment Incidental to Conducting 

Aircraft Operations, Lighthouse 

Restoration and Maintenance Activities 

on St. George Reef Lighthouse Station in 

Del Norte County, California,’’ evaluated 

the impacts on the human environment 

of NMFS’ authorization of incidental 

Level B harassment resulting from the 

specified activity in the specified 

geographic region. At that time, NMFS 

concluded that issuance of an IHA 

November 1 through April 30, annually 

would not significantly affect the 

quality of the human environment and 

issued a Finding of No Significant 

Impact (FONSI) for the 2010 EA 

regarding the SGRLPS’ activities. In 

conjunction with the SGRLPS’ 2012 

application, NMFS has again reviewed 

the 2010 EA and determined that there 

are no new direct, indirect or 

cumulative impacts to the human and 

natural environment associated with the 

IHA requiring evaluation in a 

supplemental EA and NMFS, therefore, 

reaffirms the 2010 FONSI. An electronic 

copy of the EA and the FONSI for this 

activity is available upon request (see 

ADDRESSES). 

Determinations 

NMFS has determined that the impact 

of conducting the specific helicopter 

operations and restoration activities 

described in this notice and in the IHA 

request in the specific geographic region 

in the northwestern Pacific Ocean may 

result, at worst, in a temporary 

modification in behavior (Level B 

harassment) of small numbers of marine 

mammals. Further, this activity is 

expected to result in a negligible impact 

on the affected species or stocks of 

marine mammals. The provision 

requiring that the activity not have an 

unmitigable impact on the availability 

of the affected species or stock of marine 

mammals for subsistence uses is not 

implicated for this action. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to the SGRLPS 

to conduct helicopter operations and 

restoration and maintenance work on 

the St. George Reef Light Station on 

Northwest Seal Rock in the northeast 

Pacific Ocean from the period of 

February 10, 2012, through April 30, 

2012, or during the period of November 

1, 2012, through December 31, 2012, 

provided the previously mentioned 

mitigation, monitoring, and reporting 

requirements are incorporated. The 

duration of the IHA would not exceed 

one year from the date of its issuance. 


sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 31 / Wednesday, February 15, 2012 / Notices 8817 

1 76 FR 44776, July 27, 2011. 

2Commission regulations referred to herein are 

found at 17 CFR Ch. 1 (2010). Commission 

regulations are accessible on the Commission’s Web 

site, www.cftc.gov. 

3 75 FR 67282, Nov. 2, 2010. 

4Public Law 111–203, 124 Stat. 1376 (2010). 

5 7 U.S.C. 7a. 

6 75 FR 67282, 67296 (Nov. 2, 2010). 

7 Id. 

8 Id. at 67290. 

9 Id. 

Dated: February 10, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–3542 Filed 2–14–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Agency Information Collection 

Activities; Proposed Collection, 

Comment Request 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Notice. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘CFTC’’ or 

‘‘Commission’’) seeks public comment 

on the collection of certain information 

by the Commission under section 745 of 

the Wall Street Reform and Consumer 

Protection Act (‘‘Dodd-Frank Act’’). The 

Paperwork Reduction Act (‘‘PRA’’) 

requires federal agencies to publish a 

notice in the Federal Register 

concerning each proposed collection of 

information and to allow 60 days for 

public comment. Section 745 requires 

the Commission to seek public comment 

for not less than 30 days with respect to 

certain industry filings. This notice 

solicits comments on the provisions of 

the Commission’s final rulemaking on 

‘‘Provisions Common to Registered 

Entities’’ under which the Commission 

would collect comments on the industry 

filings by publication of documents 

related to the filings and a request for 

comments on the Commission’s public 

Web site.1

DATES: Comments must be submitted on 

or before April 2, 2012. 

ADDRESSES: You may submit comments, 

identified by ‘‘Part 40 Notice and 

Comment Collection,’’ by any of the 

following methods: 

• Agency Web site, via its Comments 

Online process: http:// 

comments.cftc.gov. Follow the 

instructions for submitting comments 

through the Web site. 

• Mail: Send to David A. Stawick, 

Secretary, Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. 

• Hand delivery/Courier: Same as 

Mail above. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov/search/index.jsp. 

Follow the instructions for submitting 

comments. 

All comments must be submitted in 

English, or if not, accompanied by an 

English translation. Comments will be 

posted as received to http:// 

www.cftc.gov. You should submit only 

information that you wish to make 

available publicly. If you wish the 

Commission to consider information 

that is exempt from disclosure under the 

Freedom of Information Act, a petition 

for confidential treatment of the exempt 

information may be submitted according 

to the procedures set forth in § 145.9 of 

the Commission’s regulations.2

The Commission reserves the right, 

but shall have no obligation, to review, 

pre-screen, filter, redact, refuse or 

remove any or all of your submission 

from www.cftc.gov that it may deem to 

be inappropriate for publication, such as 

obscene language. All submissions that 

have been redacted or removed that 

contain comments on the merits of the 

rulemaking will be retained in the 

public comment file and will be 

considered as required under the 

Administrative Procedure Act and other 

applicable laws, and may be accessible 

under the Freedom of Information Act. 

FOR FURTHER INFORMATION OR A COPY

CONTACT: Bella Rozenberg, Assistant 

Deputy Director, Division of Market 

Oversight, Commodity Futures Trading 

Commission, (202) 418–5119 

brozenberg@cftc.gov or Mathew T. 

Hargrow, Attorney, Office of the General 

Counsel, (202) 418–5267, 

mhargrow@cftc.gov. 

SUPPLEMENTARY INFORMATION: Under the 

PRA, federal agencies must obtain 

approval from the Office of Management 

and Budget (‘‘OMB’’) for each collection 

of information they collect or sponsor. 

‘‘Collection of information’’ is defined 

in 44 U.S.C. 3502(3) as ‘‘the obtaining, 

causing to be obtained, soliciting * * * 

facts or opinions by or for any agency, 

regardless of form or format [from] ten 

or more persons.’’ An agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information unless it displays a valid 

OMB control number. Section 

3506(c)(2)(A) of the PRA, 44 U.S.C. 

3506(c)(2)(A), requires federal agencies 

to provide a 60-day notice in the 

Federal Register for each proposed 

collection of information before 

submitting the collection to OMB for 

approval. Under OMB regulations, 

which implement provisions of the 

PRA, certain ‘‘facts or opinions that are 

submitted in response to a general 

solicitation of comments from the 

public, published in the Federal 

Register or other publications,’’ 5 CFR 

1320.3(h)(4), or ‘‘facts or opinions 

obtained or solicited at or in connection 

with public hearings or meetings,’’ 5 

CFR 1320.3(h)(8), are excluded from the 

OMB approval process. 

In the Commission’s final rulemaking 

on provisions common to registered 

entities,3 the Commission seeks to 

implement section 745 of the DoddFrank Act,4 which amends Section 5c 

the Commodity Exchange Act (CEA) 5 to 

enhance compliance by registered 

entities. This section permits a 

registered entity to elect to list for 

trading or accept for clearing any new 

contract or other instrument, or elect to 

approve and implement any new rule or 

rule amendment by providing to the 

Commission a written certification that 

the new contract, instrument, rule, or 

rule amendment complies with the 

CEA. Such rules or rule amendments 

become effective after ten (10) business 

days, unless the Commission notifies 

the registered entity that it is staying the 

certification because there exist novel or 

complex issues that require additional 

time to analyze, an inadequate 

explanation by the submitting registered 

entity, or a potential inconsistency with 

the CEA. Pursuant to section 745 and 

the final amendments to part 40 of the 

Commission’s regulations,6 the 

Commission will provide a not less than 

a 30-day comment period when it 

determines that the rule or rule 

amendment will be stayed. Pursuant to 

the final rules, the Commission will 

provide notice of the stay and the 

request for comment on its Web site, as 

well as specify the manner in which the 

public may submit comments.7

The Commission initially estimated 

that approximately 45 entities would be 

affected by the rule certification 

procedures.8 The initial estimate 

determined that these 45 entities would 

each have approximately 120 responses 

per year for a total of 5,400 responses.9

The Commission has amended these 

numbers in the final rule such that the 

estimated number of respondents is 

increased to 70 entities, the average 

annual responses by each respondent is 

decreased to 100. These numbers are 

based upon comments received 

regarding the proposed rules as well as 

changes made by the Commission to 

streamline the product certification 

process for certain swap contracts. The 

Commission anticipates that the 


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