[Federal Register Volume 77, Number 40 (Wednesday, February 29, 2012)]
[Notices]
[Pages 12246-12254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4835]


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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.

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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 <a href="/cdn-cgi/l/email-protection#e8a1bcb8c6a4899f9ba886878989c68f879e"><span class="__cf_email__" data-cfemail="175e4347395b766064577978767639707861">[email protected]</span></a>. 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

[[Page 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 m\2\ 
(3.3 ft\2\) 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

[[Page 12248]]

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 
off-limits 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 non-breeding season, an estimated 3,000 to 5,000 adult and sub-
adult males migrate northward along the coast to central and

[[Page 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 mid-July. 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 human-caused 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. Human-caused 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. Haul-out 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[oslash]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

[[Page 12250]]

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, A[ntilde]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

[[Page 12251]]

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 non-hazardous 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.

[[Page 12252]]



                                           Table 1--Results of pinniped monitoring, October 2003-January 2009
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                California sea lion                 Harbor seal                    Elephant seal
                  Site                       <greek-i>   -----------------------------------------------------------------------------------------------
                                              visits      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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                            % taken \1\                                     % flush \2\
                         Species                         -----------------------------------------------------------------------------------------------
                                                               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

[[Page 12253]]

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 post-partum 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 post-weaning 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 mid-1980s. 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 Hubbs-Sea 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

[[Page 12254]]

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


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