12246 Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 

adequate assurance of security of tenure 

at the international level. For a U.S. 

company, obtaining such adequate 

assurance of security of tenure would 

require that the United States become a 

Party to the 1982 Law of the Sea 

Convention, as modified by the 1994 

Implementing Agreement. Under both 

licenses, further NOAA approval is 

required before Phase II at-sea activities 

may be undertaken. 

NOAA is requesting comments 

pertaining to the request to extend 

USA–1 and USA–4 including but not 

limited to whether there has been 

substantial compliance with the licenses 

and exploration plans, and whether the 

revised exploration plans for USA–1 

and USA–4 meet the terms, conditions 

and restrictions of DSHMRA and the 

licenses issued thereunder. With the 

exception of any information deemed to 

be subject to the confidentiality 

protections provided under 15 CFR 

971.802, the request for extension and 

revised exploration plan are available 

through the contact for further 

information listed below. 

DATES: Individuals and organizations 

intending to submit comments on the 

exploration license extension request 

should do so by April 15, 2012. 

ADDRESSES: Comments should be 

submitted to Joelle Gore, Acting Chief, 

Coastal Programs Division (N/ORM3), 

Office of Ocean and Coastal Resource 

Management, NOS, NOAA, 1305 EastWest Highway, Silver Spring, Maryland 

20910; email Joelle.Gore@noaa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Kerry Kehoe, Coastal Programs Division 

(NORM/3), Office of Ocean and Coastal 

Resource Management, NOS, NOAA, 

1305 East-West Highway, Silver Spring, 

Maryland 20910; email Kerry.Kehoe@

noaa.gov. Federal Domestic Assistance 

Catalogue 11.419 Coastal Zone 

Management Program Administration. 

Dated: February 17, 2012. 

David M. Kennedy, 

Assistant Administrator, National Ocean 

Service, National Oceanic Atmospheric 

Administration. 

[FR Doc. 2012–4613 Filed 2–28–12; 8:45 am] 

BILLING CODE 3510–08–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XA969 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Abalone 

Research on San Nicolas Island, 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from Dr. Glenn R. 

VanBlaricom (VanBlaricom) for an 

Incidental Harassment Authorization 

(IHA) to take marine mammals, by 

harassment, incidental to abalone 

research surveys. Pursuant to the 

Marine Mammal Protection Act 

(MMPA), NMFS is requesting comments 

on its proposal to issue an IHA to 

VanBlaricom to take, by Level B 

Harassment only, three species of 

marine mammals during the specified 

activity. 

DATES: Comments and information must 

be received no later than March 30, 

2012. 

ADDRESSES: Comments on the 

application should be addressed to 

Michael Payne, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. The 

mailbox address for providing email 

comments is ITP.Laws@noaa.gov. NMFS 

is not responsible for email comments 

sent to addresses other than the one 

provided here. Comments sent via 

email, including all attachments, must 

not exceed a 10-megabyte file size. 

Instructions: 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 without change. All 

Personal Identifying Information (e.g., 

name, address) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit Confidential 

Business Information or otherwise 

sensitive or protected information. 

An electronic 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. Documents cited in this 

notice may also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: Ben 

Laws, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce to allow, 

upon 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 either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

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

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216 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 U.S. can apply for 

an authorization to incidentally take 

small numbers of marine mammals by 

harassment. Section 101(a)(5)(D) 

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 marine mammals. Within 

45 days of the close of the comment 

period, NMFS must either issue or deny 

the authorization. Except with respect to 

certain activities not pertinent here, the 

MMPA defines ‘‘harassment’’ as: ‘‘any 

act of pursuit, torment, or annoyance 

which (i) has the potential to injure a 

marine mammal or marine mammal 

stock in the wild [Level A harassment]; 

or (ii) has the potential to disturb a 

marine mammal or marine mammal 

stock in the wild by causing disruption 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12247 

of behavioral patterns, including, but 

not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment].’’ 

Summary of Request 

On October 26, 2011, NMFS received 

a complete application from 

VanBlaricom for the taking, by Level B 

harassment only, of marine mammals 

incidental to black abalone (Haliotis 

cracherodii) research surveys. The first 

of five IHAs for the specified activities 

was issued to VanBlaricom on 

September 23, 2003 (68 FR 57427; 

October 3, 2003); the most recent of 

these was issued on January 18, 2008 

(73 FR 4841; January 28, 2008), expiring 

January 17, 2009. The proposed IHA 

would be valid for 1 year from the date 

of issuance. 

The proposed IHA would authorize 

small numbers of Level B harassment 

takes of California sea lions (Zalophus 

californianus), harbor seals (Phoca 

vitulina), and northern elephant seals 

(Mirounga angustirostris) incidental to 

research surveys performed for the 

purpose of assessing trends in black 

abalone populations over time in 

permanent study sites, and to conduct 

related research on the biology and 

ecology of black abalones relevant to 

current conservation concerns for the 

species, at San Nicolas Island (SNI), 

Ventura County, California. The 

specified activity consists of 

researchers, on foot, counting black 

abalones in plots along established 

transect lines at each of nine sites. Visits 

are generally made to each site on SNI 

up to four times per year in order to 

complete standardized annual black 

abalone surveys. In addition, 

VanBlaricom plans to conduct 

additional studies of growth and 

mortality rates, as well as genetic 

studies, necessitating as many as five 

visits per year. 

Description of the Specified Activity 

Long-term study of abalone 

population trends began in 1979 due to 

interest in relocation of southern sea 

otters (Enhydra lutris nereis) to SNI. 

Following two seasons of 

reconnaissance surveys (1979–80), 

quantitative survey effort started in 

1981, when nine permanent research 

sites in rocky intertidal habitats were 

chosen based on the presence of 

relatively dense abalone aggregations in 

order to monitor changes over time. 

From September 1979 through October 

2011, VanBlaricom has made 137 

separate field trips to SNI, with a total 

of 723 days of survey work. 

Study of abalone population trends on 

SNI began in advance of the 

reintroduction of sea otters to SNI by the 

U.S. Fish and Wildlife Service 

(USFWS), which operated the relocation 

program from 1987–91. Because 

abalones are often significant prey for 

sea otters, it was considered important 

to monitor abalone population trends in 

advance of and during the relocation 

program. In 1992, the appearance of a 

novel exotic disease at SNI (abalone 

withering syndrome) resulted in 

dramatically increased rates of abalone 

mortality and a continued emphasis on 

understanding population trends. In 

addition, the possibility for conflict over 

conservation priorities (i.e., otters and 

abalone) has grown as sea otter 

populations in southern California 

waters have expanded in recent years, 

increasing the probability of natural 

dispersal of sea otters from mainland 

California to SNI. The southern sea otter 

was listed as threatened under the 

Endangered Species Act (ESA) in 1977, 

although translocated populations, such 

as those animals moved to SNI under 

USFWS’s now-discontinued program, 

are considered non-essential 

experimental populations. The black 

abalone was listed as an endangered 

species under the ESA on January 14, 

2009. There is concern that the effects 

of abalone withering syndrome, 

following on several decades during 

which black abalones may have been 

over-harvested in commercial and 

recreational fisheries and subject to 

illegal removals, may continue to 

constrain black abalone populations to 

low densities and a high consequent 

risk of extinction. The long-term 

abalone population trend data from SNI 

will contribute significantly to 

determining whether population 

depletion persists, and if extinction risk 

remains high. 

Marine mammal populations at SNI 

(especially California sea lions and 

elephant seals) have grown 

substantially, and with expanded 

distributions, at SNI since the beginning 

of abalone research in 1979. Thus, sites 

previously accessible to researchers 

with no risk of marine mammal 

interaction are now being utilized by 

marine mammals at levels such that 

approach without harassment is no 

longer possible. During the 2002 survey 

year, VanBlaricom determined that 

marine mammal numbers were such 

that survey work could not be 

conducted at five of the nine sites 

without the possibility of incidental 

harassment of hauled-out pinnipeds. 

Subsequently, significant numbers of 

California sea lions were seen for the 

first time at two additional study sites. 

Thus, of the nine study sites used for 

the abalone surveys, only two may 

currently be approached without the 

possibility of disturbing at least one 

species of pinniped. 

Animals likely to be affected by 

abalone research activity are those that 

are hauled out on land near study sites. 

Past experience has shown that those 

animals disturbed by researchers may 

flush into the water, or move some 

distance away from the researchers 

without flushing into the water. 

Variable numbers of California sea lions, 

harbor seals, and elephant seals 

typically haul out near six of the nine 

study sites, and rarely near a seventh. 

Breeding activity of the three relatively 

common pinniped species occurs at five 

of the nine sites. Periods of breeding 

and lactation for California sea lions and 

harbor seals occur from approximately 

February 15 through October 15, while 

elephant seal pups are born, nursed, and 

weaned from approximately January 

through March, with pups departing for 

foraging areas at sea at about 30 days 

post-weaning. 

Abalone research at SNI is conducted 

primarily by VanBlaricom and 

associates from the Washington 

Cooperative Fish and Wildlife Research 

Unit (a component of the Cooperative 

Research Units Program, U.S. Geological 

Survey) and the University of 

Washington. The U.S. Navy owns SNI 

and provides logistical support and 

cooperation for all research work done 

there, with additional logistical support 

provided by the University of California, 

Santa Cruz. Funding for black abalone 

research work at SNI is currently 

provided by the U.S. Geological Survey; 

the National Marine Fisheries Service; 

the California Sea Grant College 

Program; the University of Washington; 

and the U.S. Navy. 

Research is conducted by counting 

black abalone in plots of 1 m2 (3.3 ft2) 

along permanent transect lines in rocky 

intertidal habitats at each of the nine 

study sites (see Figure 1 of 

VanBlaricom’s application for a map of 

the study sites). Permanent transect 

lines are demarcated by stainless steel 

eye-bolts embedded in the rock 

substrate and secured with marine 

epoxy compound. Lines are placed 

temporarily between bolts during 

surveys and are removed once surveys 

are completed. Survey work is typically 

done by two field biologists working on 

foot (sites are accessed by hiking to the 

shoreline from a vehicle parked inland), 

and is conducted only at low tide. 

Variation in surf height and sea 

conditions can influence the safety of 

field biologists as well as the quality of 

data collected, so specific timing of site 

visits is difficult to predict, although 


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work is typically conducted between 

October and February. All work is done 

during daylight hours. Additional 

methodological detail is available in 

VanBlaricom, 1993 and VanBlaricom et 

al., 1993. 

In recent years, teams responsible for 

status review and recovery planning for 

black abalone determined that there is a 

need for additional research. Identified 

priorities include study of growth and 

mortality rates of young black abalones 

(accomplished through tagging studies) 

and development of new research on the 

genetic relatedness of adult abalones 

and recently observed juvenile abalones 

at three of the nine study sites at SNI. 

VanBlaricom is currently developing 

detailed study plans for subject genetic 

studies, and is collaborating with NMFS 

scientists on tagging studies to 

understand growth and mortality rates. 

These additional studies require field 

effort beyond that necessary for the 

established population surveys. Annual 

black abalone surveys typically require 

that each of the nine permanent sites be 

visited between one and three times per 

year. As a result of the additional 

studies planned for SNI, one site would 

be visited five times per year, and two 

additional sites would be visited four 

times. Each visit to a given study site 

generally takes no more than 4 hours, 

after which the site is vacated and can 

be re-occupied by any marine mammals 

that were disturbed by the presence of 

researchers. One annual visit to each 

site is typically for maintenance 

purposes, is conducted in a month 

when pinnipeds are absent or are 

present in reduced numbers, and takes 

approximately 30 minutes. 

Region of Activity 

SNI, approximately nine miles (14.5 

km) long and four miles (6.4 km) wide, 

lies in the Santa Barbara Channel, more 

than 60 mi (96.6 km) offshore. One of 

the smallest of the eight Channel 

Islands, SNI is the farthest island from 

the mainland, and is typically reached 

only after a 7–8 hour ride via chartered 

vessel. The island has a relatively flat 

plateau on the interior, with a very steep 

cliff face dropping to the ocean on the 

south side and a more gradual slope on 

the north. Elevations of the southern 

cliff faces average 500 ft (152 m) with a 

maximum island elevation of 907 ft (276 

m). The beaches are mainly loose sand 

with large semi-transient sand dunes on 

the western tip of the island. A large 

low sand spit extends out from the 

eastern beach. The interior of the island 

is a highly eroded rolling mesa with 

many rills and gullies. Swells, surge, 

and limited visibility are expected as 

general conditions at SNI, which is 

property of the U.S. Navy and is offlimits to civilians without specific 

permission. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Many of the beaches in the Channel 

Islands provide resting, molting or 

breeding places for pinnipeds. On SNI, 

three pinniped species (northern 

elephant seal, harbor seal, and 

California sea lion) can be expected to 

occur on land in the vicinity of abalone 

research sites either regularly or in large 

numbers during certain times of the 

year. In addition to the three species 

commonly encountered at SNI, 

Guadalupe fur seals (Arctocephalus 

townsendi), listed as threatened under 

the ESA, and sea otters are known to 

occur. A single adult male Guadalupe 

fur seal was seen at one abalone 

research site on two occasions during 

the summer months in the mid-1980s. 

However, none have been seen since 

that time. Due to the rarity of Guadalupe 

fur seal sightings during abalone 

research at SNI, and because of 

mitigation measures described later in 

this document (see Proposed Mitigation 

section of this document), no take of 

Guadalupe fur seals is anticipated or 

proposed for authorization. As such, the 

species is not discussed further. While 

sea otters are not typically sighted 

during the abalone survey work, a 2011 

population survey indicated that sea 

otters at SNI number approximately 50 

individuals. However, sea otters are 

under the jurisdiction of the USFWS 

and are not discussed further here. 

Further information on the biology 

and distribution of these species and 

others in the region can be found in 

NMFS’ Marine Mammal Stock 

Assessment Reports, which are available 

online at http://www.nmfs.noaa.gov/pr/ 

sars/.California Sea Lion. 

Species Description—California sea 

lions are members of the Otariid family 

(eared seals). The species, Zalophus 

californianus, includes three 

subspecies: Z. c. wollebaeki (in 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; referred to here as the 

California sea lion) (Carretta et al., 

2007). The California sea lion is 

sexually dimorphic. Males may reach 

1,000 lb (454 kg) and 8 ft (2.4 m) in 

length; females grow to 300 lb (136 kg) 

and 6 ft (1.8 m) in length. Their color 

ranges from chocolate brown in males to 

a lighter, golden brown in females. At 

around 5 years of age, males develop a 

bony bump on top of the skull called a 

sagittal crest. The crest is visible in the 

dog-like profile of male sea lion heads, 

and hair around the crest gets lighter 

with age. 

Status—The U.S. stock of California 

sea lions is estimated at 238,000, with 

a minimum population size of 141,842 

individuals (Carretta et al., 2007). The 

minimum population size was 

determined from counts of all age and 

sex classes that were ashore at major 

rookeries and haul-out sites during the 

2005 breeding season, including all 

individuals counted during the July 

2005 census at the Channel Islands in 

southern California and at haul-out sites 

located between Point Conception and 

the Oregon-California border. An 

additional unknown number of 

California sea lions at any given time are 

at sea or hauled out at locations that are 

not censused; in order to estimate a total 

population size, pups are counted 

during the breeding season (because this 

is the only age class that is ashore in its 

entirety), and the number of births is 

estimated from the pup count. The size 

of the population is then estimated from 

the number of births and the proportion 

of pups in the population (Carretta et 

al., 2007). The stock has likely reached 

its carrying capacity and, even though 

current total human-caused mortality is 

unknown (due to a lack of observer 

coverage in the California set gillnet 

fishery that historically has been the 

largest source of human-caused 

mortalities), California sea lions are not 

considered a strategic stock under the 

MMPA because total human-caused 

mortality is still likely to be less than 

the potential biological removal (PBR). 

Distribution—The geographic 

distribution of California sea lions 

includes a breeding range from Baja 

California, Mexico to southern 

California. During the summer, 

California sea lions breed on islands 

from the Gulf of California to the 

Channel Islands and seldom travel more 

than about 50 km from the islands 

(Bonnell et al., 1983). Primary rookeries 

are located on SNI and three other 

California Channel Islands (San Miguel, 

Santa Barbara, and San Clemente) (Le 

Boeuf and Bonnell, 1980; Bonnell and 

Dailey, 1993). Their distribution shifts 

to the northwest in fall and to the 

southeast during winter and spring, 

probably in response to changes in prey 

availability (Bonnell and Ford, 1987). 

The non-breeding distribution 

extends from Baja California north to 

Alaska for males, and encompasses the 

waters of California and Baja California 

for females (Reeves et al., 2008; 

Maniscalco et al., 2004). In the nonbreeding season, an estimated 3,000 to 

5,000 adult and sub-adult males migrate 

northward along the coast to central and 


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Federal Register / Vol. 77, No. 40 / Wednesday, February 29, 2012 / Notices 12249 

northern California, Oregon, 

Washington, and Vancouver Island from 

September to May (Jeffries et al., 2000) 

and return south the following spring 

(Mate, 1975; Bonnell et al., 1983). Along 

their migration, they are occasionally 

sighted hundreds of miles offshore 

(Jefferson et al., 1993). Females and 

juveniles tend to stay closer to the 

rookeries (Bonnell et al., 1983). 

California sea lions haul out at many 

locations on SNI and are by far the most 

common pinniped on the island, and 

are present in large numbers at SNI at 

all times of the year. Over the course of 

a year, up to 100,000 California sea lions 

may make use of habitat at SNI in some 

way. Numbers of sea lions at SNI 

increased by about 21 percent per year 

between 1983 and 1995 (NMFS, 2003) 

and, as numbers increased, began 

occupying areas that were not formerly 

used. As for sea lions in other locations, 

most adult males may disperse in 

autumn and winter to distant locations, 

primarily to the north, in order to 

forage. 

Behavior and Ecology—California sea 

lions feed on a wide variety of prey, 

including many species of fish and 

squid (Everitt et al., 1981; Roffe and 

Mate, 1984; Antonelis et al., 1990; 

Lowry et al., 1991). In some locations 

where salmon runs exist, California sea 

lions also feed on returning adult and 

out-migrating juvenile salmonids 

(London, 2006). Sexual maturity occurs 

at around 4–5 years of age for California 

sea lions (Heath, 2002). California sea 

lions are gregarious during the breeding 

season and social on land during other 

times. 

Pupping occurs on the beaches of SNI 

in early summer, from mid-June to midJuly. Females nurse their pups for about 

8 days and then begin an alternating 

pattern of foraging at sea and attending 

and nursing the pup on land, which 

lasts for about 8 months, and sometimes 

up to a year. Time to weaning is variable 

and may extend to the following 

breeding season. The weaning process 

may be gradual, with pups learning to 

hunt and consume live prey while still 

nursing. Pups more than a few months 

of age are similar to adults in mobility, 

agility, and alertness to disturbances 

when hauled out. California sea lions 

also haul out at SNI during the molting 

period in September, and smaller 

numbers of females and juveniles haul 

out during most of the year. 

On land, California sea lions make 

incessant, raucous barking sounds 

(Schusterman et al., 1967). Males vary 

both the number and rhythm of their 

barks depending on the social context; 

the barks appear to control the 

movements and other behavior patterns 

of nearby conspecifics (Schusterman, 

1977). Females produce barks, squeals, 

belches, and growls, while pups make 

bleating sounds. California sea lions 

produce two types of underwater 

sounds: clicks (or short-duration sound 

pulses) and barks (Schusterman et al., 

1966, 1967; Schusterman and Baillet, 

1969). 

Harbor Seal 

Species Description—Harbor seals, 

which are members of the Phocid family 

(true seals), inhabit coastal and 

estuarine waters and shoreline areas 

from Baja California, Mexico to western 

Alaska. For management purposes, 

differences in mean pupping date (i.e., 

birthing) (Temte, 1986), movement 

patterns (Jeffries, 1985; Brown, 1988), 

pollutant loads (Calambokidis et al., 

1985) and fishery interactions have led 

to the recognition of three separate 

harbor seal stocks along the west coast 

of the continental U.S. (Boveng, 1988). 

The three distinct stocks are: (1) inland 

waters of Washington (including Hood 

Canal, Puget Sound, and the Strait of 

Juan de Fuca out to Cape Flattery), (2) 

outer coast of Oregon and Washington, 

and (3) California (Carretta et al., 2007). 

The California stock is the only stock 

that is expected to occur within the 

project area. 

The average weight for adult seals is 

about 180 lb (82 kg) and males are 

slightly larger than females. Male harbor 

seals weigh up to 245 lb (111 kg) and 

measure approximately 5 ft (1.5 m) in 

length. The basic color of harbor seals’ 

coat is gray and mottled but highly 

variable, from dark with light color rings 

or spots to light with dark markings 

(NMFS, 2008c). 

Status—Estimated population for the 

California stock of harbor seals is 

approximately 34,233 (Carretta et al., 

2007), with a minimum population of 

31,600. As for the California sea lion, a 

complete count of all harbor seals in 

California is impossible because some 

are always away from the haul-out sites. 

However, a complete pup count is also 

not possible because harbor seals are 

precocious, with pups entering the 

water almost immediately after birth. 

Population size is estimated by counting 

the number of seals ashore during the 

peak haul-out period (May to July) and 

by multiplying this count by the inverse 

of the estimated fraction of seals on 

land. The current population estimate is 

based on counts from 2004. 

Counts of harbor seals in California 

showed a rapid increase from 

approximately 1972 to 1990, though net 

production rates appeared to decline 

from 1982 to 1994. The decrease in 

population growth rate has occurred at 

the same time as a decrease in humancaused mortality and may be an 

indication that the population is 

reaching its environmental carrying 

capacity. Harbor seals are not listed 

under the ESA or considered to be 

depleted under the MMPA. Humancaused mortality relative to PBR is 

unknown, but it is considered to be 

small relative to the stock size. 

Therefore, the California stock of harbor 

seals is not classified as a strategic 

stock. 

Harbor seal abundance increased at 

SNI from the 1960s until 1981, but since 

then the average counts have not 

changed significantly. From 1982 to 

1994, numbers of harbor seals have 

fluctuated between 139 and 700 harbor 

seals based on both peak ground counts 

and annual photographic survey photos. 

The most recent aerial count on SNI was 

of 457 harbor seals in 1994. 

Distribution—Harbor seals are widely 

distributed in the North Atlantic and 

North Pacific. The California stock 

ranges from the U.S.-Mexico border 

northward to the Oregon-California 

border. In California, approximately 

400–600 harbor seal haul-out sites are 

distributed along the mainland and on 

offshore islands, including intertidal 

sandbars, rocky shores and beaches 

(Hanan, 1996; Lowry et al., 2005). In 

general, harbor seals do not undertake 

long migrations, but do travel 300–500 

km on occasion to find food or suitable 

breeding areas (Herder, 1986). Harbor 

seals are rarely found in pelagic waters 

(usually found within 20 km from 

shore) and typically stay within the 

tidal and intertidal zones. Harbor seals 

are present at SNI during all months of 

the year. 

Behavior and Ecology—On land, 

harbor seals haul out on rocky outcrops, 

mudflats, sandbars and sandy beaches 

with unrestricted access to water and 

with minimal human presence. Haulout sites are important as resting sites 

for harbor seals, who feed 

opportunistically in shallow waters on 

fish, crustaceans, and cephalopods 

(Bigg, 1981; Roffe and Mate, 1984; Orr 

et al., 2004). Harbor seals are typically 

solitary while foraging, although small 

groups have been observed. They 

normally choose isolated sites for 

pupping. While ashore, harbor seals are 

typically seen in small groups resting. 

Harbor seals are opportunistic feeders 

that adjust their patterns to take 

advantage of locally and seasonally 

abundant prey (Payne and Selzer 1989; 

Baird 2001; Bj<rge 2002). Harbor seals 

mate at sea and females give birth 

during the spring and summer, although 

the pupping season varies by latitude. 

Suckling harbor seal pups spend as 


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much as 40 percent of their time in the 

water (Bowen et al., 1999). 

Harbor seals haul out at various sand, 

cobble, and gravel beaches around SNI, 

where pupping occurs from late 

February to early April, with nursing of 

pups extending into May. Pups are fully 

weaned and independent approximately 

2 months after birth. Harbor seals may 

also haul out during molting period in 

late spring, and smaller numbers haul 

out at other times of year. 

In air, harbor seal males produce a 

variety of vocalizations, including 

snorts, grunts, and growls, while pups 

make individually unique calls for 

mother recognition (Bigg, 1981; 

Thomson and Richardson, 1995). Harbor 

seals hear nearly as well in air as 

underwater (Kastak and Schusterman, 

1998). Adult males also produce 

underwater sounds during the breeding 

season (duration range: 0.1 s to multiple 

seconds; Hanggi and Schusterman 

1994). Hanggi and Schusterman (1994) 

found that there is individual variation 

in the dominant frequency range of 

sounds between different males, and 

Van Parijs et al. (2003) reported oceanic, 

regional, population, and site-specific 

variation that could be vocal dialects. 

Northern Elephant Seal 

Species Description—Northern 

elephant seals, found in the eastern 

Pacific Ocean, are the largest phocid in 

the Northern Hemisphere. Feeding 

grounds extend from Baja California to 

Vancouver Island. Males migrate as far 

north as Alaska and British Columbia, 

while females (who typically find 

feeding grounds further south than 

males) migrate as far west as Hawaii. 

Fully grown males can reach lengths of 

over 13 ft (4 m) and can weigh nearly 

4,400 lb (2,000 kg). Females are 

significantly smaller than males, but are 

also quite large, growing to about 10 ft 

(3 m) long and weighing up to 1,300 lbs 

(600 kg). 

Status—Populations of northern 

elephant seals in the U.S. and Mexico 

derive from tens to hundreds of 

individuals surviving in Mexico after 

being nearly hunted to extinction 

(Stewart et al., 1994). The California 

breeding population, which includes 

the animals that may be found at SNI, 

is now demographically isolated from 

the Baja California population, and is 

considered to be a separate stock, 

though displaying little genetic 

differentiation. Based on trends in pup 

counts, northern elephant seal colonies 

appeared to be increasing in California 

through 2005, but appear to be stable or 

slowly decreasing in Mexico (Stewart et 

al., 1994). As for other pinnipeds, a 

complete population count of elephant 

seals is not possible because all age 

classes are not ashore at the same time. 

Elephant seal population size is 

typically estimated on the basis of pup 

counts; the current population estimate 

is made on the basis of counts from 

2005. The California breeding stock is 

estimated at approximately 124,000 

animals, with a conservative minimum 

population estimate of 74,913 animals. 

From 1965–77, the maximum 

population growth rate was determined 

to be 8.3 percent (Cooper and Stewart, 

1983), but more recently has been 

evaluated at a maximum of 11.7 percent 

(Carretta et al., 2007). The northern 

elephant seal is not listed under the 

ESA and the California stock is not 

considered depleted or strategic under 

the MMPA. 

Distribution—The California stock of 

northern elephant seals ranges from the 

U.S.-Mexico border northward to 

pelagic habitats off Alaska, with two 

annual round-trip migrations per year 

between breeding locations and foraging 

locations. Foraging locations are in the 

pelagic North Pacific and Gulf of Alaska 

off Oregon, Washington, British 

Columbia, and Alaska, although female 

foraging ranges are further south 

(Stewart and Huber, 1993; Le Boeuf et 

al., 1993). The migration schedule 

varies by age and sex category. Although 

the pelagic range is very large, there are 

only about seven principal breeding 

areas, four of which are found in the 

U.S. Primary breeding locations for the 

California stock are at San Miguel Island 

and SNI in the Channel Islands off 

southern California, An ̃ o Nuevo Island 

off central California, and Point Piedras 

Blancas on the central California 

mainland coast. 

Increasing numbers of elephant seals 

haul out at various sites around SNI. 

Based on a pup count in 1995 that 

found 6,575 pups, scientists estimated 

that over 23,000 elephant seals may use 

SNI in a year (NMFS, 2003). From 1988 

to 1995 the pup counts on SNI increased 

at an average rate of 15.4 percent per 

year, however, the growth rate of the 

population as a whole seems to have 

declined in recent years (NMFS, 2003). 

Behavior and Ecology—Northern 

elephant seals breed and give birth in 

California from December to March 

(Stewart et al., 1994; Stewart and Huber, 

1993), before departing for foraging 

grounds. Gestation lasts around eleven 

months, with pups born in early winter 

from December to January and fully 

weaned by the end of February, 

departing from SNI for their first 

foraging trip during late winter and 

early spring. Adults return to land 

between March and August to molt, 

with males returning later than females. 

Adults return to their feeding areas 

again between their spring/summer 

molting and their winter breeding 

seasons. Northern elephant seals are 

polygamous; males establish dominance 

over large groups of females during the 

breeding season. While foraging, 

elephant seals feed at night in deep 

water, primarily on fish and 

cephalopods (CDFG, 2009). Elephant 

seals are rarely observed at sea, because 

they forage in pelagic habitat and are 

submerged 80–90 percent of the time. 

Northern elephant seals are present at 

SNI during all months of the year. Adult 

males arrive at SNI in late fall to 

establish breeding territories. Adult 

females arrive on SNI in early winter. 

Sub-adult animals also return to SNI 

during the breeding season, although 

they do not actively participate in 

breeding. Breeding adults of both sexes 

depart breeding sites for foraging 

purposes in March. The timing of the 

second migration, related to molting, 

varies by age and sex. At SNI, adult 

males return for molting beginning in 

June and depart back to foraging areas 

in August. Adult females and juveniles 

return for the molt period beginning in 

mid-March and depart back to foraging 

areas in May. Finally, juveniles ranging 

in age from young-of-the-year to 4 years 

return for an extended haul-out period 

from September through November. 

This latter haul-out period is not 

associated either with breeding or 

molting. 

Potential Effects of the Specified 

Activity on Marine Mammals 

Variable numbers of California sea 

lions, harbor seals, and elephant seals, 

depending on the time of year and the 

specific site, typically haul out near six 

of the nine study sites used for abalone 

research, and rarely near a seventh, with 

breeding activity occurring at five of the 

nine sites. Pinnipeds likely to be 

affected by abalone research activity are 

those that are hauled out on land at or 

near study sites. 

Incidental harassment may result if 

hauled out animals are disturbed by the 

presence of abalone researchers. 

Although marine mammals are never 

deliberately approached by abalone 

survey personnel, approach may be 

unavoidable if pinnipeds are hauled out 

in the immediate vicinity of the 

permanent abalone study plots. 

Disturbance may result in reactions 

ranging from an animal simply 

becoming alert to the presence of 

researchers (e.g., turning the head, 

assuming a more upright posture) to 

flushing from the haul-out site into the 

water. NMFS does not consider the 

lesser reactions to constitute behavioral 


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harassment, or Level B harassment 

takes, but rather assumes that pinnipeds 

that move greater than 1 m (3.3 ft) or 

change the speed or direction of their 

movement in response to the presence 

of researchers are behaviorally harassed, 

and thus subject to Level B taking. 

Animals that respond to the presence of 

researchers by becoming alert, but do 

not move or change the nature of 

locomotion as described, are not 

considered to have been subject to 

behavioral harassment. 

Typically, even those reactions 

constituting Level B harassment would 

result at most in temporary, short-term 

disturbance. In any given study season 

(i.e., October to March), the researchers 

will make 4–6 visits to SNI, although 

each site is not visited during every visit 

to SNI. Visits to each site are thus 

separated by a matter of weeks, within 

the season, and are typically not visited 

at all during the summer months. Each 

site visit typically lasts no more than 4 

hours. Therefore, disturbance of 

pinnipeds resulting from the presence of 

researchers lasts only for short periods 

of time and is separated by significant 

amounts of time in which no 

disturbance occurs. Because such 

disturbance is sporadic, rather than 

chronic, and of low intensity, individual 

marine mammals are unlikely to incur 

any detrimental impacts to vital rates or 

ability to forage and, thus, loss of 

fitness. Correspondingly, even local 

populations, much less the overall 

stocks of animals, are extremely 

unlikely to accrue any significantly 

detrimental impacts. 

There are three ways in which 

disturbance, as described previously, 

could result in more than Level B 

harassment of marine mammals. All 

three are most likely to be consequences 

of stampeding, a potentially dangerous 

occurrence in which large numbers of 

animals succumb to mass panic and 

rush away from a stimulus and an 

occurrence that is not expected at SNI. 

The three situations are (1) falling when 

entering the water at high-relief 

locations; (2) extended separation of 

mothers and pups; and (3) crushing of 

elephant seal pups by large males 

during a stampede. 

Because hauled-out animals may 

move towards the water when 

disturbed, there is the risk of injury if 

animals stampede towards shorelines 

with precipitous relief (e.g., cliffs). 

However, while cliffs do exist at SNI, 

shoreline habitats near the abalone 

study sites are gently sloping sandy 

beaches or horizontal sandstone 

platforms with unimpeded and nonhazardous access to the water. If 

disturbed, hauled-out animals in these 

situations may move toward the water 

without risk of encountering significant 

hazards. In these circumstances, the risk 

of injury, serious injury, or death to 

hauled-out animals is very low. Thus, 

abalone research activity poses no risk 

that disturbed animals may fall and be 

injured or killed as a result of 

disturbance at high-relief locations. 

The risk of marine mammal injury, 

serious injury, or mortality associated 

with abalone research increases 

somewhat if disturbances occur during 

breeding season. These situations 

present increased potential for mothers 

and dependent pups to become 

separated and, if separated pairs do not 

quickly reunite, the risk of mortality to 

pups (through starvation) may increase. 

Separately, adult male elephant seals 

may trample elephant seal pups if 

disturbed, which could potentially 

result in the injury, serious injury, or 

mortality of the pups. The risk of either 

of these situations is greater in the event 

of a stampede. 

However, because under the terms of 

this proposed IHA researchers would 

not visit SNI during the breeding, 

pupping, and lactation periods for 

California sea lions and harbor seals, the 

former scenario is extremely unlikely. 

The most sensitive months (with regard 

to breeding and pupping) for California 

sea lions and harbor seals are generally 

May through August; VanBlaricom does 

not propose to visit SNI outside of 

October-February. Relevant to the latter 

scenario, the most sensitive months for 

northern elephant seals are generally 

December through March. However, 

though elephant seal pups are 

occasionally present when researchers 

visit abalone survey sites, risk of pup 

mortalities is very low because elephant 

seals are far less reactive to researcher 

presence than the other two species. 

Less than 1 percent of adult elephant 

seals present during research visits 

between December 2005–January 2009 

were recorded as having been harassed, 

while, no juvenile elephant seals were 

recorded as having been harassed (i.e., 

becoming alert and moving at least one 

meter, including flushing into the 

water). Further, pups are typically 

found on sand beaches, while study 

sites are located in the rocky intertidal 

zone, meaning that there is typically a 

buffer between researchers and pups. 

Finally, the caution used by researchers 

in approaching sites generally precludes 

the possibility of behavior, such as 

stampeding, that could result in 

extended separation of mothers and 

dependent pups or trampling of 

elephant seal pups. 

In summary, NMFS believes it highly 

unlikely that the proposed activities 

would result in the injury, serious 

injury, or mortality of pinnipeds (and 

none have been recorded in the more 

than 30 years that VanBlaricom has 

been conducting this research), because 

(1) study sites are located in areas with 

gently sloping terrain; (2) the timing of 

research visits would preclude 

separation of mothers and pups for sea 

lions and harbor seals; and (3) elephant 

seals are generally not susceptible to 

disturbance as a result of researchers’ 

presence. In addition, researchers 

exercise appropriate caution 

approaching sites, especially when 

elephant seal pups are present. 

Anticipated Effects on Habitat 

NMFS does not anticipate any 

detrimental effects to marine mammal 

habitat as a result of the proposed 

activities, beyond rendering the areas 

immediately around each of the nine 

study sites less desirable as haul-out 

sites for a matter of hours per year. 

Summary of Previous Monitoring 

VanBlaricom has complied with the 

mitigation and monitoring required 

under previous authorizations. During 

the course of these activities, 

VanBlaricom has not exceeded the take 

levels authorized. Beginning with the 

first IHA issued to VanBlaricom, 

reporting included the numbers of 

animals of a given species present and 

the total number of those animals 

disturbed. Beginning in December 2005, 

disturbance reactions were further 

categorized into the number of animals 

that flush into the water; the number 

that move more than 1 m (3.3 ft), but do 

not flush into the water; and the number 

that increase alertness but do not move 

greater than 1 m (see the application for 

these numbers in detail). As discussed 

previously in this document, the latter 

category—animals that become alert but 

do not move—are not considered by 

NMFS as having been incidentally taken 

(i.e., subject to Level B harassment), 

pursuant to the MMPA. For the 

purposes of estimating take, NMFS 

considers the total of the two former 

categories of disturbance reactions only. 

The results of VanBlaricom’s monitoring 

under previous IHAs are summarized in 

Table 1, which shows the mean and 

maximum numbers of each species 

present during visits to VanBlaricom’s 

survey sites. Information is only 

presented for those research visits that 

occurred during months of October 

through February, as no visits are 

currently proposed outside those 

months. 


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TABLE 1—RESULTS OF PINNIPED MONITORING, OCTOBER 2003–JANUARY 2009 

Site # visits 

California sea lion Harbor seal Elephant seal 

Animals 

(mean) Animals (max) Animals (mean) Animals (max) Animals (mean) Animals (max) 

1 ................................... 11 54 88 0 0 2 6 

2 ................................... 18 0 0 0 0 0 0 

3 ................................... 23 0 0 0 0 0 0 

4 ................................... 11 11 116 0 0 0 0 

5 ................................... 9 60 118 24 36 53 88 

6 ................................... 8 224 401 26 53 195 291 

7 ................................... 9 357 610 5 10 60 131 

8 ................................... 14 183 390 0 0 7 14 

9 ................................... 12 1 11 0 0 6 19 

Numbers are presented as mean per visit and maximum observed in any visit, October–February. 

Beginning in January 2007, 

VanBlaricom began recording numbers 

of adults and pups/juveniles, rather 

than simply numbers of total animals. 

Table 2 displays the proportion of 

juveniles found at each permanent 

study site from October–February. No 

juvenile harbor seals have been 

observed by the researchers. During 

those months, no marine mammals of 

any species have been observed at sites 

2 and 3, and only non-breeding animals 

(i.e., adult and subadult males; no 

dependent juveniles) have been 

observed at sites 4 and 9. 

TABLE 2—PROPORTION OF JUVENILES OBSERVED AT EACH SITE, JANUARY 2007–JANUARY 2009. 

Site 1 2 3 4 5 6 7 8 9 

California sea lion ........................ 0.12 n/a n/a 0.0 0.07 0.11 0.17 0.02 0.0 

Elephant seal ............................... 0.0 n/a n/a n/a 0.26 0.20 0.60 0.27 0.0 

Data presented for October–February only. No juvenile harbor seals observed. No marine mammals observed at sites 2 and 3; no elephant 

seals observed at site 4. Only non-breeding animals observed at sites 4 and 9. 

As shown in Table 3, the three species 

that may be encountered responded to 

researcher presence with different 

degrees of sensitivity. For California sea 

lions, 55 percent of animals 

encountered showed reactions 

indicating behavioral harassment, while 

73 percent of harbor seals were 

behaviorally harassed. In contrast, less 

than 1 percent of elephant seals 

encountered responded in ways 

indicating behavioral harassment. 

Similarly, the three species differed in 

the degree of intensity of their reactions 

to researcher presence. Of animals that 

responded to disturbance in a manner 

that NMFS considers to be harassment 

(i.e., either flushed into the water or 

moved greater than 1 m), only 9 percent 

of disturbed elephant seals flushed into 

the water, while 38 percent of disturbed 

California sea lions responded in such 

a fashion. The most sensitive species is 

the harbor seal, with 94 percent of 

harassed animals flushing into the 

water. The remainder of animals 

harassed (i.e., 6 percent of harassed 

harbor seals) responded to a lesser 

degree by moving some distance (greater 

than 1 m) on land when the researchers 

approached. Importantly, juveniles 

display a significantly lesser incidence 

of overall harassment and of flushing. 

Although the researchers have 

typically not remained on-site to 

monitor pinniped return after flushing, 

as rapid departure minimizes 

harassment of the animals, increasing 

numbers at certain sites as well as 

pinniped presence at sites where they 

were not present in past years suggest 

that the disturbance is not having any 

long-term detrimental effects on the 

population of any of these three species. 

TABLE 2—SENSITIVITY OF ANIMALS TO ENCOUNTERS WITH RESEARCHERS AND INTENSITY OF REACTION, BY SPECIES

Species 

% taken 1 % flush 2

Total Adult Juvenile Total Adult Juvenile 

California sea lion .................................... 54.8 56.4 30.8 38.3 40.8 4.5 

Harbor seal 3 ............................................ 73.2 73.2 n/a 94.0 94.0 n/a 

Elephant seal 4 ......................................... 0.6 0.9 0.0 9.1 9.1 n/a 

Totals reflect information collected December 2005–January 2009; adult-juvenile breakdown from January 2007–January 2009. 

1 Percent taken is the percentage of animals encountered that either flushed into the water or moved greater than 1 m. 2 Percent flush is the percentage of animals taken that flushed into the water. 3 No juvenile harbor seals were encountered. 4 No juvenile elephant seals were reported as taken. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

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

where applicable, set forth the 

permissible methods of taking pursuant 

to such activity, and other means of 

effecting the least practicable impact on 

such species or stock and its habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance, and on the availability of 

such species or stock for taking for 


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certain subsistence uses (where 

relevant). 

Several mitigation measures are 

proposed to be implemented as part of 

the SNI abalone research activities in 

order to reduce the potential for 

harassment. The primary method of 

mitigating the risk of disturbance to 

pinnipeds, which will be in use at all 

times, is the selection of judicious 

routes of approach to abalone study 

sites, avoiding close contact with 

pinnipeds hauled out on shore, and the 

use of extreme caution upon approach. 

In no case will marine mammals be 

deliberately approached by abalone 

survey personnel, and in all cases every 

possible measure will be taken to select 

a pathway of approach to study sites 

that minimizes the number of marine 

mammals potentially harassed. Each 

visit to a given study site will last for 

approximately 4 hours, after which the 

site is vacated and can be re-occupied 

by any marine mammals that may have 

been disturbed by the presence of 

abalone researchers. 

In addition, potential disturbances to 

females with dependent pups (in the 

cases of California sea lions and harbor 

seals) will be mitigated to the greatest 

extent practicable by avoiding visits to 

sites with pinnipeds present from 

March-September, during periods of 

breeding and lactation for those species. 

During this period, abalone research 

would either not occur or would be 

confined to those sites (2, 3, 4, and 9) 

where pinniped breeding and postpartum nursing does not occur. Limiting 

visits to the breeding and lactation sites 

to periods when these activities do not 

occur (October-February) will reduce 

the possibility of incidental harassment 

and disruption of reproductive behavior 

and the potential for injury, serious 

injury, or mortality of dependent 

California sea lion pups and harbor seal 

pups to near zero. 

Northern elephant seal pups are 

present at four sites (5–8) during winter 

months. Risks of injury or mortality of 

elephant seal pups by mother/pup 

separation or trampling are limited to 

the period from January through March 

when pups are born, nursed, and 

weaned, ending about 30 days postweaning when pups depart land for 

foraging areas at sea. However, elephant 

seals have a much higher tolerance of 

nearby human activity than sea lions or 

harbor seals. Also, elephant seal 

pupping typically occurs on the sandy 

beaches at SNI, approximately 50 m 

(164 ft) or more away from the abalone 

study sites. Possible take of northern 

elephant seal pups will be minimized, 

as for other species, by using a very 

careful approach to the study sites and 

avoiding the proximity of hauled-out 

seals and any seal pups during 

collection of abalone population data. 

As described previously, elephant seals 

show very low sensitivity to the 

presence of researchers, and no juvenile 

elephant seal was harassed during the 

December 2005–January 2009 period. 

One individual Guadalupe fur seal 

was seen on two separate occasions 

during the summer months in the mid1980s. Since the original sightings, no 

individuals of this species have been 

seen during abalone research. However, 

to ensure that Guadalupe fur seals are 

not affected by these activities, work 

will be immediately suspended if an 

individual is seen. Guadalupe fur seals 

are distinctive in appearance and 

behavior, and can be readily identified 

at a distance without any possibility of 

disturbance. 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and considered a range of 

other 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: (1) 

The manner in which, and the degree to 

which, the successful implementation of 

the measure is expected to minimize 

adverse impacts to marine mammals; (2) 

the proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and (3) the 

practicability of the measure for 

applicant implementation, including 

consideration of personnel safety, and 

practicality of implementation. 

Based on our evaluation of the 

applicant’s proposed measures, NMFS 

has preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable impact on marine mammal 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring and Reporting 

In order to issue an ITA for an 

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

MMPA states that NMFS must, where 

applicable, 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 

ITAs must include the suggested means 

of accomplishing the necessary 

monitoring and reporting that would 

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 in the proposed action area. 

Currently, all biological research 

activities at SNI are subject to approval 

and regulation by the Environmental 

Planning and Management Department 

(EPMD), U.S. Navy (Navy). The Navy 

owns SNI and closely regulates all 

civilian access to, and activity on, the 

island, including biological research. 

Therefore, monitoring activities will be 

closely coordinated with Navy marine 

mammal biologists located on SNI. 

In addition, status and trends of 

pinniped aggregations at SNI are 

monitored by the NMFS Southwest 

Fisheries Science Center (SWFSC). Also, 

long-term studies of pinniped 

population dynamics, migratory and 

foraging behavior, and foraging ecology 

at SNI are conducted by staff at HubbsSea World Research Institute (HSWRI). 

Proposed monitoring requirements in 

relation to VanBlaricom’s abalone 

research surveys will include 

observations made by the applicant and 

his associates. Information recorded will 

include species counts (with numbers of 

pups/juveniles), numbers of observed 

disturbances, and descriptions of the 

disturbance behaviors during the 

abalone surveys. Observations of 

unusual behaviors, numbers, or 

distributions of pinnipeds on SNI will 

be reported to EPMD, NMFS, and 

HSWRI so that any potential follow-up 

observations can be conducted by the 

appropriate personnel. In addition, 

observations of tag-bearing pinniped 

carcasses as well as any rare or unusual 

species of marine mammals will be 

reported to EPMD and NMFS. 

If at any time serious injury or 

mortality of the species for which take 

is authorized should occur, or if 

harassment of any other marine 

mammal occurs, and such action may be 

a result of the proposed abalone 

research, VanBlaricom will suspend 

research activities and contact NMFS 

immediately to determine how best to 

proceed to ensure that another injury or 

death does not occur and to ensure that 

the applicant remains in compliance 

with the MMPA. 

A draft final report must be submitted 

to NMFS Office of Protected Resources 

within 60 days after the conclusion of 

the year-long field season or 60 days 

prior to the start of the next field season 

if a new IHA will be requested. The 

report will include a summary of the 

information gathered pursuant to the 

monitoring requirements set forth in the 

IHA. A final report must be submitted 

to the Regional Administrator within 

30 days after receiving comments from 

NMFS on the draft final report. If no 


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comments are received from NMFS, the 

draft final report will be considered to 

be the final report. 

Estimated Take by Incidental 

Harassment 

With respect to the activities 

described 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]. 

All anticipated takes would be by 

Level B harassment, involving 

temporary changes in behavior. The 

proposed mitigation and monitoring 

measures are expected to minimize the 

possibility of injurious or lethal takes 

such that take by injury, serious injury, 

or mortality is considered remote. The 

distribution of pinnipeds hauled out on 

beaches is not uniform between sites or 

at different times of the year. The 

number of marine mammals disturbed 

may vary by month and location, and, 

compared to animals hauled out on the 

beach farther away from survey activity, 

only those animals hauled out closest to 

the actual survey transect plots 

contained within each research site are 

likely to be disturbed by the presence of 

researchers and alter their behavior or 

attempt to move out of the way. 

VanBlaricom proposes to visit site 8 five 

times, sites 5 and 7 four times each, and 

sites 1, 4, 6, and 9 two times each. No 

marine mammals have been observed at 

sites 2 and 3, and unlimited visits 

would be allowed to those sites. 

As discussed earlier, NMFS considers 

an animal to have been harassed if it 

moved greater than 1 m (3.3 ft) in 

response to the researcher’s presence or 

if the animal was already moving and 

changed direction and/or speed, or if 

the animal flushed into the water. 

Animals that became alert without such 

movements were not considered 

harassed. Estimated potential incidental 

take, shown in Table 4, is based on the 

number of visits proposed for each site, 

the maximum number of animals 

observed at each site (October-February) 

as shown in Table 1, and the observed 

susceptibility to harassment for each 

species as shown in Table 3. NMFS 

conservatively estimates that the 

maximum total possible numbers of 

individuals that may be incidentally 

harassed as a result of the proposed 

activity would be 3,340 California sea 

lions, 212 harbor seals, and nine 

northern elephant seals. 

Negligible Impact and Small Numbers 

Analysis and Preliminary 

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 a variety of factors, including 

but not limited to: (1) The number of 

anticipated mortalities; (2) the number 

and nature of anticipated injuries; (3) 

the number, nature, intensity, and 

duration of Level B harassment; and (4) 

the context in which the take occurs. 

Based on VanBlaricom’s application 

and monitoring reports for previous 

field seasons, as well as the analysis 

contained herein, NMFS has 

preliminarily determined that the 

impact of the described abalone 

research at SNI will result, at most, in 

a temporary modification in behavior by 

small numbers of California sea lions, 

harbor seals, and northern elephant 

seals, in the form of movement away 

from the researchers and/or flushing 

from the beach. The proposed numbers 

of authorized take for each of the three 

species are considered small relative to 

the relevant stocks or populations (each 

less than 2 percent). In addition, no take 

by injury, serious injury or mortality is 

anticipated, and take by harassment will 

be at the lowest level practicable due to 

incorporation of the mitigation and 

monitoring measures mentioned 

previously in this document. NMFS has 

preliminarily determined that the 

anticipated takes will have a negligible 

impact on the affected species. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

No subsistence uses of marine 

mammals are implicated by this action. 

Endangered Species Act (ESA) 

For the reasons described previously 

in this document, NMFS has 

determined that the described abalone 

research and the accompanying IHA 

will have no effect on marine mammal 

species or critical habitat protected 

under the ESA (specifically, the 

Guadalupe fur seal). Therefore, marine 

mammals under NMFS jurisdiction 

would not be affected by this action. 

National Environmental Policy Act 

(NEPA) 

In compliance with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321 et seq.), as implemented by 

the regulations published by the 

Council on Environmental Quality (40 

CFR parts 1500–1508), and NOAA 

Administrative Order 216–6, NMFS 

prepared an Environmental Assessment 

(EA) to consider the direct, indirect and 

cumulative effects to the human 

environment resulting from issuance of 

an IHA to VanBlaricom. NMFS signed a 

Finding of No Significant Impact on 

November 21, 2005. NMFS has 

reviewed the proposed application and 

preliminarily determined that there are 

no substantial changes to the proposed 

action or new environmental impacts or 

concerns. Therefore, NMFS has 

determined that a new or supplemental 

EA or Environmental Impact Statement 

is likely unnecessary. Before making a 

final determination in this regard and 

decision on whether or not to issue a 

Finding of No Significant Impact for this 

proposed action, NMFS will review 

public comments and information 

submitted by the public and others in 

response to this notice. The 2005 EA 

referenced above is available for review 

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

permits/incidental.htm. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to VanBlaricom’s research 

activities, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: February 23, 2012. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2012–4835 Filed 2–28–12; 8:45 am] 

BILLING CODE 3510–22–P 

COMMODITY FUTURES TRADING 

COMMISSION 

Sunshine Act Meeting 

TIME AND DATE: 10 a.m., Friday March 

23, 2012. 

PLACE: 1155 21st St. NW., Washington, 

DC, 9th Floor Commission Conference 

Room. 

STATUS: Closed. 

Matters To Be Considered 

Surveillance and Enforcement 

Matters. In the event that the times or 

dates of these or any future meetings 

change, an announcement of the change, 

along with the new time and place of 

the meeting will be posted on the 


tkelley on DSK3SPTVN1PROD with NOTICES