1838 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

SUMMARY: NMFS, on behalf of the 

Secretary of Commerce, is seeking 

nominations for the advisory committee 

established under the Western and 

Central Pacific Fisheries Convention 

Implementation Act (Act). The advisory 

committee, to be composed of 

individuals from groups concerned with 

the fisheries covered by the Western and 

Central Pacific Fisheries Convention 

(Convention), will be given the 

opportunity to provide input to the 

United States Commissioners to the 

Western and Central Pacific Fisheries 

Commission (Commission) regarding 

the deliberations and decisions of the 

Commission. 

DATES: Nominations must be received 

no later than February 25, 2013. 

ADDRESSES: Nominations should be 

directed to Michael Tosatto, Acting 

Regional Administrator, NMFS Pacific 

Islands Regional Office, and may be 

submitted by any of the following 

means: 

• Email: pir.wcpfc@noaa.gov. Include 

in the subject line the following 

document identifier: ‘‘Advisory 

committee nominations’’. Email 

comments, with or without attachments, 

are limited to 5 megabytes. 

• Mail or hand delivery: 1601 

Kapiolani Blvd. Suite 1110, Honolulu, 

HI 96814. 

• Facsimile: 808–973–2941. 

FOR FURTHER INFORMATION CONTACT: 

Oriana Villar, NMFS Pacific Islands 

Regional Office; telephone: 808–944– 

2256; facsimile: 808–973–2941; email: 

Oriana.Villar@noaa.gov. 

SUPPLEMENTARY INFORMATION: 

The Convention and the Commission 

The objective of the Convention is to 

ensure, through effective management, 

the long-term conservation and 

sustainable use of highly migratory fish 

stocks in the western and central Pacific 

Ocean in accordance with the United 

Nations Convention on the Law of the 

Sea of 10 December 1982 (UNCLOS) and 

the Agreement for the Implementation 

of the Provisions of the UNCLOS 

Relating to the Conservation and 

Management of Straddling Fish Stocks 

and Highly Migratory Fish Stocks. The 

Convention establishes the Commission, 

the secretariat of which is based in 

Pohnpei, Federated States of 

Micronesia. 

The Convention applies to all highly 

migratory fish stocks (defined as all fish 

stocks of the species listed in Annex I 

of the UNCLOS occurring in the 

Convention Area, and such other 

species of fish as the Commission may 

determine), except sauries. 

The United States actively supported 

the negotiations and the development of 

the Convention and signed the 

Convention in 2000. It participated as a 

cooperating non-member of the 

Commission since 2005 and became a 

Contracting Party to the Convention and 

a full member of the Commission when 

it ratified the Convention in January 

2007. Under the Act, the United States 

will be represented on the Commission 

by five Commissioners. 

Advisory Committee 

The Act (16 U.S.C. 6902) provides (in 

section 6902(d)) that the Secretary of 

Commerce, in consultation with the 

United States Commissioners to the 

Commission, will appoint certain 

members of the advisory committee 

established under the Act. 

The members to be appointed to the 

advisory committee are to include not 

less than 15 nor more than 20 

individuals selected from the various 

groups concerned with the fisheries 

covered by the Convention, providing, 

to the extent practicable, an equitable 

balance among such groups. On behalf 

of the Secretary of Commerce, NMFS is 

now seeking nominations for these 

appointments. 

In addition to the 15–20 appointed 

members, the advisory committee also 

includes the chair of the Western Pacific 

Fishery Management Council’s 

Advisory Committee (or designee), and 

officials of the fisheries management 

authorities of American Samoa, Guam, 

and the Northern Mariana Islands (or 

their designees). 

Members of the advisory committee 

will be invited to attend all nonexecutive meetings of the United States 

Commissioners to the Commission and 

at such meetings will be given 

opportunity to examine and be heard on 

all proposed programs of investigation, 

reports, recommendations, and 

regulations of the Commission. 

Each appointed member of the 

advisory committee will serve for a term 

of two years and is eligible for 

reappointment. This request for 

nominations is for the term to begin on 

or after August 2, 2013 and is for a term 

of two consecutive years. 

The Secretaries of Commerce and 

State will furnish the advisory 

committee with relevant information 

concerning fisheries and international 

fishery agreements. 

NMFS, on behalf of the Secretary of 

Commerce, will provide to the advisory 

committee administrative and technical 

support services as are necessary for its 

effective functioning. 

Appointed members of the advisory 

committee will serve without pay, but 

while away from their homes or regular 

places of business in the performance of 

services for the advisory committee will 

be allowed travel expenses, including 

per diem in lieu of subsistence, in the 

same manner as persons employed 

intermittently in the Government 

service are allowed expenses under 

section 5703 of title 5, United States 

Code. They will not be considered 

Federal employees while performing 

service as members of the advisory 

committee except for the purposes of 

injury compensation or tort claims 

liability as provided in chapter 81 of 

title 5, United States Code and Chapter 

171 of title 28, United States Code. 

Procedure for Submitting Nominations 

Nominations for the advisory 

committee should be submitted to 

NMFS (see ADDRESSES). This request for 

nominations is for first time nominees 

as well as current Advisory Committee 

members. Self nominations are 

acceptable. Nominations should include 

the following information: (1) Full 

name, address, telephone, facsimile, and 

email of nominee; (2) nominee’s 

organization(s) or professional 

affiliation(s) serving as the basis for the 

nomination, if any; and (3) a 

background statement, not to exceed 

one page in length, describing the 

nominee’s qualifications, experience 

and interests, specifically as related to 

the fisheries covered by the Convention. 

Authority: 16 U.S.C. 6902. 

Dated: January 4, 2013. 

Lindsay Fullenkamp, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2013–00271 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XC350 

Takes of Marine Mammals Incidental to 

Specified Activities; St. George Reef 

Light Station Restoration and 

Maintenance at Northwest Seal Rock, 

Del Norte County, CA 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental take 

authorization; request for comments. 

SUMMARY: We have received an 

application from the St. George Reef 

Lighthouse Preservation Society 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1839 

(Society), for an Incidental Harassment 

Authorization (IHA) to take marine 

mammals, by harassment incidental to 

conducting aircraft operations, 

lighthouse renovation, and light 

maintenance activities on the St. George 

Reef Light Station on Northwest Seal 

Rock (NWSR) in the northeast Pacific 

Ocean from the period of February 

through April, 2013 and during the 

period of November through December, 

2013. Per the Marine Mammal 

Protection Act, we are requesting 

comments on our proposal to issue an 

Incidental Harassment Authorization to 

the Society to incidentally harass, by 

Level B harassment only, four species of 

marine mammals during the specified 

activity. 

DATES: Comments and information must 

be received no later than February 7, 

2013. 

ADDRESSES: Comments on the 

application should be addressed to P. 

Michael Payne, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910– 

3225. The mailbox address for providing 

email comments is ITP.Cody@noaa.gov. 

Please include 0648–XC350 in the 

subject line. We are not responsible for 

email comments sent to other addresses 

other than the one provided here. 

Comments sent via email to 

ITP.Cody@noaa.gov, including all 

attachments, must not exceed a 10- 

megabyte file size. 

All submitted comments are a part of 

the public record and we will post to 

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

incidental.htm#applications without 

change. All Personal Identifying 

Information (for example, name, 

address, etc.) voluntarily submitted by 

the commenter may be publicly 

accessible. Do not submit confidential 

business information or otherwise 

sensitive or protected information. 

To obtain an electronic copy of the 

application containing a list of the 

references used in this document, write 

to the previously mentioned address, 

telephone the contact listed here (see 

FOR FURTHER INFORMATION CONTACT), or 

visit the internet at: http:// 

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

incidental.htm#applications. 

The following associated documents 

are also available at the same internet 

address: Environmental Assessment 

(EA) prepared by us; and our 2010 

Finding of No Significant Impact 

(FONSI). Documents cited in this notice 

may be viewed, by appointment, during 

regular business hours, at the 

aforementioned address. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, NMFS, Office of 

Protected Resources, NMFS, (301) 713– 

2289 or Monica DeAngelis, NMFS 

Southwest Regional Office, (562) 980– 

3232. 

SUPPLEMENTARY INFORMATION: 

Background 

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

Mammal Protection Act of 1972, as 

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

seq.) directs the Secretary of Commerce 

to authorize, upon request, the 

incidental, but not intentional, taking of 

small numbers of marine mammals of a 

species or population stock, by United 

States citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region 

if, after notice of a proposed 

authorization to the public for review 

and public comment: (1) We make 

certain findings; and (2) the taking is 

limited to harassment. 

We shall grant authorization for the 

incidental taking of small numbers of 

marine mammals if we find that the 

taking will have a negligible impact on 

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

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant). The 

authorization must set forth the 

permissible methods of taking; other 

means of effecting the least practicable 

adverse impact on the species or stock 

and its habitat; and requirements 

pertaining to the mitigation, monitoring 

and reporting of such taking. We have 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘* * * an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

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

Mammal Protection Act established an 

expedited process by which citizens of 

the United States can apply for an 

authorization to incidentally take small 

numbers of marine mammals by 

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

Act establishes a 45-day time limit for 

our review of an application followed 

by a 30-day public notice and comment 

period on any proposed authorizations 

for the incidental harassment of small 

numbers of marine mammals. Within 45 

days of the close of the public comment 

period, we must either issue or deny the 

authorization and must publish a notice 

in the Federal Register within 30 days 

of our determination to issue or deny 

the authorization. 

Except with respect to certain 

activities not pertinent here, the Marine 

Mammal Protection Act defines 

‘‘harassment’’ as: any act of pursuit, 

torment, or annoyance which (i) has the 

potential to injure a marine mammal or 

marine mammal stock in the wild [Level 

A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, 

including, but not limited to, migration, 

breathing, nursing, breeding, feeding, or 

sheltering [Level B harassment]. 

Summary of Request 

We received an application from the 

Society on May 8, 2012, requesting that 

we issue an Incidental Harassment 

Authorization (Authorization) for the 

take, by Level B harassment only, of 

small numbers of marine mammals 

incidental to conducting to helicopter 

operations and restoration and 

maintenance activities on the St. George 

Reef Light Station (Station) for the 2013 

season. After addressing comments from 

us and submitting required annual 

monitoring reports from the 2011 

season, we determined the application 

complete and adequate on November 

27, 2012. 

The Society aims to: (1) Restore and 

preserve the Station on a monthly basis 

(February–April, and November– 

December, 2013); and (2) perform 

periodic, annual maintenance on the 

Station’s optical light system. 

The Station, which is listed in the 

National Park Service’s National 

Register of Historic Places, is located on 

Northwest Seal Rock offshore of 

Crescent City, California in the 

northeast Pacific Ocean. 

The proposed activities would occur 

in the vicinity of a possible pinniped 

haul out site located on Northwest Seal 

Rock. Acoustic and visual stimuli 

generated by: (1) Helicopter landings/ 

takeoffs; (2) noise generated during 

restoration activities (e.g., painting, 

plastering, welding, and glazing); (3) 

maintenance activities (e.g., bulb 

replacement and automation of the light 

system); and (4) human presence, may 

have the potential to cause any 

pinnipeds hauled out on Northwest Seal 

Rock to flush into the surrounding water 

or to cause a short-term behavioral 

disturbance. These types of disturbances 

are the principal means of marine 

mammal taking associated with these 

activities and the Society has requested 

an authorization to take 204 California 

sea lions (Zalophus californianus); 36 

Pacific Harbor seals (Phoca vitulina); 

172 Steller sea lions (Eumetopias 

jubatus) within the eastern U.S. Stock; 

and six northern fur seals (Callorhinus 

ursinus) by Level B harassment. 


srobinson on DSK4SPTVN1PROD with 
1840 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

To date, we have issued three, 1-year 

IHAs to the Society for the conduct of 

the same activities from 2010 to 2012 

(75 FR 4774, January 29, 2010; 76 FR 

10564, February 25, 2011; and 77 FR 

8811, February 15, 2012). This is the 

Society’s fourth request for an IHA; the 

current IHA will expire on December 

31, 2012. 

Description of the Specified Activity 

The Society proposes to conduct the 

proposed activities (aircraft operations, 

lighthouse restoration, and light 

maintenance activities) from the period 

of February through April, 2013 and 

during the period of November through 

December, 2013, at a maximum 

frequency of one session per month. The 

proposed duration for each session 

would last no more than three days (e.g., 

Friday, Saturday, and Sunday). 

Aircraft Operations 

Because Northwest Seal Rock has no 

safe landing area for boats, the proposed 

restoration activities would require the 

Society to transport personnel and 

equipment from the California mainland 

to Northwest Seal Rock by a small 

helicopter. Helicopter landings take 

place on top of the engine room 

(caisson) which is approximately 15 

meters (m) (48 feet (ft)) above the 

surface of the rocks on Northwest Seal 

Rock. 

The Society proposes to transport no 

more than 15 work crew members and 

equipment to Northwest Seal Rock for 

each session and estimates that each 

session would require no more than 36 

helicopter landings/takeoffs per month. 

During landing, the helicopter would 

land on the caisson to allow the work 

crew members to disembark and retrieve 

their equipment located in a basket 

attached to the underside of the 

helicopter. The helicopter would then 

return to the mainland to pick up 

additional personnel and equipment. 

Even though the Society would use the 

helicopter to transport work crew 

members and materials on the first and 

last days of the three-day activity, the 

helicopter would likely fly to and from 

the Station on all three days of the 

restoration and maintenance activities. 

Proposed schedule: The Society 

would conduct a maximum of 16 flights 

(eight arrivals and eight departures) for 

the first day. The first flight would 

depart from Crescent City Airport at 

approximately 9 a.m. for a 6-minute 

flight to Northwest Seal Rock. The 

helicopter would land and takeoff 

immediately after offloading personnel 

and equipment every 20 minutes (min). 

The total duration of the first day’s 

aerial operations could last for 

approximately 3 hours (hrs) and 26 min 

and would end at approximately 12:34 

p.m. Crew members would remain 

overnight at the Station and would not 

return to the mainland on the first day. 

For the second day, the Society would 

conduct a maximum of 10 flights (five 

arrivals and five departures) to transport 

additional materials on and off the islet. 

The first flight would depart from 

Crescent City Airport at 9 a.m. for a 6- 

minute flight to Northwest Seal Rock. 

The total duration of the second day’s 

aerial operations could last up to three 

hours. 

For the final day of operations, the 

Society could conduct a maximum of 

eight helicopter flights (four arrivals and 

four departures) to transport the 

remaining crew members and 

equipment/material back to the Crescent 

City Airport. The total duration of the 

third day’s helicopter operations in 

support of restoration could last up to 

2 hrs and 14 min. 

As a mean of funding support for the 

restoration activities, the Society 

proposes to conduct public tours of the 

Station during the last day of the 

proposed restoration and maintenance 

activities. The Society proposes to 

transport visitors to the Station during 

the Sunday work window period. 

Although some of these flights would be 

conducted solely for the transportation 

of tourists, those flights would be 

conducted at a later stage when no 

pinnipeds are expected to be at the 

Station. The proposed IHA does not 

include additional allowance for 

animals that might be affected by 

additional flights for the transportation 

of tourists. 

Lighthouse Restoration Activities 

Restoration activities would include 

the removal of peeling paint and plaster, 

restoration of interior plaster and paint, 

refurbishing structural and decorative 

metal, reworking original metal support 

beams throughout the lantern room and 

elsewhere, replacing glass as necessary, 

and upgrading the present electrical 

system. The Society expects to complete 

most of the major restoration work 

within the next five years. 

Light Maintenance Activities 

The Society will need to conduct 

maintenance on the Station’s beacon 

light at least once or up to two times per 

year within the proposed work window. 

Scheduled light maintenance activities 

would coincide with lighthouse 

restoration activities conducted monthly 

during the period of February through 

April, 2013 and during the period of 

November through December, 2013. The 

Society expects that maintenance 

activities would not exceed 3 hrs per 

each monthly session. 

Emergency Light Maintenance 

If the beacon light fails during the 

period from February 22, 2013, through 

April 30, 2013, or during the period of 

November 1, 2013, through December 

31, 2013, the Society proposes to send 

a crew of two to three people to the 

Station by helicopter to repair the 

beacon light. For each emergency repair 

event, the Society proposes to conduct 

a maximum of four flights (two arrivals 

and two departures) to transport 

equipment and supplies. The helicopter 

may remain on site or transit back to 

shore and make a second landing to 

pick up the repair personnel. 

In the case of an emergency repair 

between May 1, 2013, and October 31, 

2013, the Society would consult with 

the NMFS Southwest Regional Office 

(SWRO) to best determine the timing of 

the trips to the lighthouse, on a case-bycase basis, based upon the existing 

environmental conditions and the 

abundance and distribution of any 

marine mammals present on NWSR. 

The SWRO biologists would have realtime knowledge regarding the animal 

use and abundance of the Northwest 

Seal Rock at the time of the repair 

request and would make a decision 

regarding when the trips to the 

lighthouse can be made during the 

emergency repair time window that 

would have the least practicable adverse 

impact to marine mammals. The SWRO 

would also ensure that the Society’s 

request for incidental take during 

emergency repairs would not exceed the 

number of incidental take authorized in 

the proposed IHA. To date, the Society 

has not needed to conduct emergency 

light maintenance between May through 

October under any of the previous 

Authorizations. 

Complete automation of the light 

generating system and automatic backup 

system would minimize maintenance 

and emergency repair visits to the 

island. The light is solar powered using 

one solar panel; an installed second 

panel serves as a backup which is 

automatically activated if needed. A 

second smaller bulb in the lantern is 

activated if the primary bulb fails. Use 

of high quality, durable materials and 

thorough weatherproofing is planned to 

minimize trips for maintenance and 

repair in the future. All tools and 

supplies are stored on the island so that 

a minimal number of transport trips for 

emergency maintenance will be 

necessary. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1841 

Acoustic Source Specifications 

R44 Raven Helicopter 

The Society plans to charter a Raven 

R44 helicopter, owned and operated by 

Air Shasta Rotor and Wing, LLC. The 

Raven R44, which seats three passengers 

and one pilot, is a compact-sized (1134 

kilograms (kg), 2500 pounds (lbs)) 

helicopter with two-bladed main and 

tail rotors. Both sets of rotors are fitted 

with noise-attenuating blade tip caps 

that would decrease flyover noise. 

Metrics Used in This Document 

This section includes a brief 

explanation of the sound measurements 

frequently used in the discussions of 

acoustic effects in this document. Sound 

pressure is the sound force per unit 

area, and is usually measured in 

micropascals (mPa), where 1 pascal (Pa) 

is the pressure resulting from a force of 

one newton exerted over an area of one 

square meter. Sound pressure level 

(SPL) is expressed as the ratio of a 

measured sound pressure and a 

reference level. The commonly used 

reference pressure is 1 mPa for under 

water, and the units for SPLs are dB re: 

1 mPa. The commonly used reference 

pressure is 20 mPa for in air, and the 

units for SPLs are dB re: 20 mPa. 

SPL (in decibels (dB)) = 20 log 

(pressure/reference pressure). 

SPL is an instantaneous measurement 

and can be expressed as the peak, the 

peak-peak (p-p), or the root mean square 

(rms). Root mean square, which is the 

square root of the arithmetic average of 

the squared instantaneous pressure 

values, is typically used in discussions 

of the effects of sounds on vertebrates 

and all references to SPL in this 

document refer to the root mean square 

unless otherwise noted. SPL does not 

take the duration of a sound into 

account. 

Characteristics of the Aircraft Noise 

Noise testing performed on the R44 

Raven Helicopter, as required for 

Federal Aviation Administration 

approval, required an overflight at 150 

m (492 ft) above ground level, 109 knots 

and a maximum gross weight of 1,134 

kg (2,500 lbs). The noise levels 

measured on the ground at this distance 

and speed were 81.9 decibels (dB) re: 20 

mPa (A-weighted) for the model R44 

Raven I, or 81.0 dB re: 20 mPa (Aweighted) for the model R44 Raven II 

(NMFS, 2007). 

The helicopter would land on the 

Station’s caisson and presumably, the 

received sound levels would increase 

above 81–81.9 dB re: 20 mPa (Aweighted) at the landing area. 

Characteristics of Restoration and 

Maintenance Noise 

Restoration and maintenance 

activities would involve the removal of 

peeling paint and plaster, restoration of 

interior plaster and paint, refurbishing 

structural and decorative metal, 

reworking original metal support beams 

throughout the lantern room and 

elsewhere, replacing glass as necessary, 

upgrading the present electrical system; 

and annual light beacon maintenance. 

Any noise associated with these 

activities is likely to be from light 

construction (e.g., sanding, hammering, 

or use of hand drills). The Society 

proposes to confine all restoration 

activities to the existing structure which 

would occur on the upper levels of the 

Station. Pinnipeds hauled out on 

Northwest Seal Rock do not have access 

to this area. 

We expect that acoustic stimuli 

resulting from the proposed helicopter 

operations; noise from maintenance and 

restoration activities; and human 

presence have the potential to harass 

marine mammals, incidental to the 

conduct of the proposed activities. We 

expect these disturbances to be 

temporary and result, at worst, in a 

temporary modification in behavior 

and/or low-level physiological effects 

(Level B Harassment) of small numbers 

of certain species of marine mammals. 

Description of the Specified Geographic 

Region 

The Station is located on a small, 

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

approximately nine kilometers (km) (6.0 

miles (mi)) in the northeast Pacific 

Ocean, offshore of Crescent City, 

California (Latitude: 41°46′48′′ N; 

Longitude: 124°14′11′′ W). NWSR is 

approximately 91.4 m (300 ft) in 

diameter that peaks at 5.18 m (17 ft) 

above mean sea level. The Station, built 

in 1892, rises 45.7 m (150 ft) above the 

sea, consists of hundreds of granite 

blocks, is topped with a cast iron 

lantern room, and covers much of the 

surface of the islet. 

Description of Marine Mammals in the 

Area of the Proposed Specified Activity 

The marine mammals most likely to 

be harassed incidental to the Society’s 

helicopter operations, lighthouse 

restoration, and lighthouse maintenance 

on Northwest Seal Rock are primarily 

Steller and California sea lions and to a 

lesser extent the Pacific harbor seal and 

the eastern Pacific stock of northern fur 

seal. We refer the public to Carretta et 

al., (2011) and Allen and Angliss (2012) 

for general information on these species 

which are presented below this section. 

The publications are available at: 

http://www.nmfs.noaa.gov/pr/pdfs/sars/ 

po2011.pdf and http:// 

www.nmfs.noaa.gov/pr/pdfs/sars/ 

ak2011.pdf respectively. We present a 

summary of information on these 

species below this section. 

California Sea Lion 

California sea lions are not listed as 

threatened or endangered under the 

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

1531 et seq.), nor are they categorized as 

depleted under the MMPA. The 

California sea lion is now a full species, 

separated from the Galapagos sea lion 

(Z. wollebaeki) and the extinct Japanese 

sea lion (Z. japonicus) (Brunner 2003, 

Wolf et al., 2007, Schramm et al., 2009). 

The estimated population of the U.S. 

stock of California sea lion is 

approximately 296,750 animals and the 

current maximum population growth 

rate is 12 percent (Carretta et al., 2011). 

Major rookeries for the California sea 

lion exist on the Channel Islands off 

southern California and on the islands 

situated along the east and west coasts 

of Baja California. The breeding areas of 

the California sea lion are on islands 

located in southern California, western 

Baja California, and the Gulf of 

California. Males are polygamous, 

establishing breeding territories that 

may include up to 14 females. They 

defend their territories with aggressive 

physical displays and vocalization. Sea 

lions reach sexual maturity at four to 

five years old and the breeding season 

lasts from May to August. Most pups are 

born from May through July and weaned 

at 10 months old. 

Crescent Coastal Research (CCR) 

conducted a three-year (1998–2000) 

survey of the wildlife species on NWSR 

for the Society. They reported that 

counts of California sea lions on NWSR 

varied greatly (from six to 541) during 

the observation period from April 1997 

through July 2000. CCR reported that 

counts for California sea lions during 

the spring (April–May), summer (June– 

August), and fall (September–October), 

averaged 60, 154, and 235, respectively 

(CCR, 2001). 

The most current counts for the 

month of July by NMFS (2000 through 

2004) have been relatively low as the 

total number of California sea lions 

recorded in 2000 and 2003 was 3 and 

11, respectively (M. Lowry, NMFS, 

SWFSC, unpublished data). Based on 

the monitoring report for the 2011 

season, the maximum numbers of 

California sea lions present during the 

April and November, 2011 work 

sessions was 2 and 90 animals, 

respectively (SGRLPS, 2012). There 

were no California sea lions present 


srobinson on DSK4SPTVN1PROD with 
1842 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

during the March, 2012 work session 

(SGRLPS, 2012). 

Pacific Harbor Seal 

Pacific harbor seals are not listed as 

threatened or endangered under the 

Endangered Species Act, nor are they 

categorized as depleted under the 

Marine Mammal Protection Act. The 

estimated population of the California 

stock of Pacific harbor seals is 

approximately 30,196 animals (Carretta 

et. al., 2011). 

The animals inhabit near-shore 

coastal and estuarine areas from Baja 

California, Mexico, to the Pribilof 

Islands in Alaska. Pacific harbor seals 

are divided into two subspecies: P. v. 

stejnegeri in the western North Pacific, 

near Japan, and P. v. richardsi in the 

northeast Pacific Ocean. The latter 

subspecies, recognized as three separate 

stocks, inhabits the west coast of the 

continental United States, including: 

The outer coastal waters of Oregon and 

Washington states; Washington state 

inland waters; and Alaska coastal and 

inland waters. Two of these stocks, the 

California stock and Oregon/ 

Washington coast stock, of Pacific 

harbor seals are identified off the coast 

of Oregon and California for 

management purposes under the 

MMPA. However, the stock boundary is 

difficult to distinguish because of the 

continuous distribution of harbor seals 

along the west coast and any rigid 

boundary line is (to a greater or lesser 

extent) arbitrary, from a biological 

perspective (Carretta et al., 2011). Due 

to the location of the proposed project 

which is situated near the border of 

Oregon and California, both stocks 

could be present within the proposed 

project area. 

In California, over 500 harbor seal 

haulout sites are widely distributed 

along the mainland and offshore 

islands, and include rocky shores, 

beaches and intertidal sandbars (Lowry 

et al., 2005). Harbor seals mate at sea 

and females give birth during the spring 

and summer, although, the pupping 

season varies with latitude. Pups are 

nursed for an average of 24 days and are 

ready to swim minutes after being born. 

Harbor seal pupping takes place at many 

locations and rookery size varies from a 

few pups to many hundreds of pups. 

The nearest harbor seal rookery relative 

to the proposed project site is at Castle 

Rock National Wildlife Refuge, located 

approximately located 965 m (0.6 mi) 

south of Point St. George, and 2.4 km 

(1.5 mi) north of the Crescent City 

Harbor in Del Norte County, California 

(USFWS, 2007). 

CCR noted that harbor seal use of 

Northwest Seal Rock was minimal, with 

only one sighting of a group of six 

animals, during 20 observation surveys. 

They hypothesized that harbor seals 

may avoid the islet because of its 

distance from shore, relatively steep 

topography, and full exposure to rough 

and frequently turbulent sea swells. For 

the 2010 and 2011 seasons, the Society 

did not observe any Pacific harbor seals 

present on Northwest Seal Rock during 

restoration activities (SGRLPS, 2010; 

2011). During the 2012 season, the 

Society reported sighting a total of two 

harbor seals present on Northwest Seal 

Rock (SGRLPS, 2012). 

Northern Fur Seal 

Northern fur seals are not listed as 

threatened or endangered under the 

Endangered Species Act. However, they 

are categorized as depleted under the 

Marine Mammal Protection Act. 

Northern fur seals occur from southern 

California north to the Bering Sea and 

west to the Sea of Okhotsk and Honshu 

Island of Japan. Two separate stocks of 

northern fur seals are recognized within 

U.S. waters: An Eastern Pacific stock 

distributed among sites in Alaska, 

British Columbia; and a San Miguel 

Island stock distributed along the west 

coast of the continental U.S. 

Northern fur seals may temporarily 

haul out on land at other sites in Alaska, 

British Columbia, and on islets along 

the west coast of the continental United 

States, but generally this occurs outside 

of the breeding season (Fiscus, 1983). 

The estimated population of the San 

Miguel Island stock is 9,968 animals 

with a maximum population growth rate 

of 12 percent (Carretta et al., 2011). 

Northern fur seals breed in Alaska 

and migrate along the west coast during 

fall and winter. Due to their pelagic 

habitat, they are rarely seen from shore 

in the continental U.S., but individuals 

occasionally come ashore on islands 

well offshore (i.e., Farallon Islands and 

Channel Islands in California). During 

the breeding season, approximately 74 

percent of the worldwide population is 

found on the Pribilof Islands in Alaska, 

with the remaining animals spread 

throughout the North Pacific Ocean 

(Lander and Kajimura, 1982). 

CCR observed one male northern fur 

seal on Northwest Seal Rock in October, 

1998 (CCR, 2001). It is possible that a 

few animals may use the island more 

often that indicated by the CCR surveys, 

if they were mistaken for other otariid 

species (i.e., eared seals or fur seals and 

sea lions) (M. DeAngelis, NMFS, pers. 

comm.). 

For the 2010, 2011, and 2012 work 

seasons, the Society has not observed 

any northern fur seals present on 

Northwest Seal Rock during restoration 

activities (SGRLPS, 2010; 2011; 2012). 

Steller Sea Lion 

Steller sea lions consist of two 

distinct population segments: the 

western and eastern distinct population 

segments divided at 144° West 

longitude (Cape Suckling, Alaska). The 

eastern distinct population segment of 

the Steller sea lion is threatened; 

however NMFS is proposing to remove 

the eastern distinct population segment 

of Steller sea lions from the list of 

endangered wildlife, after a status 

review by its biologists found the 

species is recovering. The western 

distinct population segment is 

endangered under the Endangered 

Species Act. Both segments are depleted 

under the Marine Mammal Protection 

Act. 

Steller sea lions range along the North 

Pacific Rim from northern Japan to 

California (Loughlin et al., 1984), with 

centers of abundance and distribution in 

the Gulf of Alaska and Aleutian Islands, 

respectively. The species is not known 

to migrate, but individuals disperse 

widely outside of the breeding season 

(late May through early July), thus 

potentially intermixing with animals 

from other areas. 

The western segment of Steller sea 

lions inhabit central and western Gulf of 

Alaska, Aleutian Islands, as well as 

coastal waters and breed in Asia (e.g., 

Japan and Russia). The eastern segment 

includes sea lions living in southeast 

Alaska, British Columbia, California, 

and Oregon. 

The estimated population of the 

eastern distinct population segment 

ranges from a minimum of 52,847 up to 

72,223 animals and the maximum 

population growth rate is 12.1 percent 

(Angliss and Allen, 2011). 

The eastern distinct population 

segment of Steller sea lions breeds on 

rookeries located in southeast Alaska, 

British Columbia, Oregon, and 

California. There are no rookeries 

located in Washington state. Steller sea 

lions give birth in May through July and 

breeding commences a couple of weeks 

after birth. Pups are weaned during the 

winter and spring of the following year. 

Despite the wide-ranging movements 

of juveniles and adult males in 

particular, exchange between rookeries 

by breeding adult females and males 

(other than between adjoining rookeries) 

appears low, although males have a 

higher tendency to disperse than 

females (NMFS 1995, Trujillo et al., 

2004, Hoffman et al., 2006). A 

northward shift in the overall breeding 

distribution has occurred, with a 

contraction of the range in southern 


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California and new rookeries 

established in southeastern Alaska 

(Pitcher et al., 2007). 

CCR reported that Steller sea lion 

numbers at Northwest Seal Rock ranged 

from 20 to 355 animals. Counts of 

Steller sea lions during the spring 

(April–May), summer (June–August), 

and fall (September–October), averaged 

68, 110, and 56, respectively (CCR, 

2001). A more recent survey at NWSR 

between 2000 and 2004 showed Steller 

sea lion numbers ranged from 175 to 

354 in July (M. Lowry, NMFS/SWFSC, 

unpubl. data). Winter use of NWSR by 

Steller sea lion is presumed to be 

minimal, due to inundation of the 

natural portion of the island by large 

swells. 

For the 2010 season, the Society 

reported that no Steller sea lions were 

present in the vicinity of Northwest Seal 

Rock during restoration activities 

(SGRLPS, 2010). Based on the 

monitoring report for the 2011 season, 

the maximum numbers of Steller sea 

lions present during the April and 

November 2011, work sessions was 2 

and 150 animals, respectively (SGRLPS, 

2012). During the 2012 season, the 

Society did not observe any Steller sea 

lions present on Northwest Seal Rock 

during restoration activities. 

Other Marine Mammals in the Proposed 

Action Area 

There are several endangered 

cetaceans that have the potential to 

transit in the vicinity of Northwest Seal 

Rock including the blue (Balaenoptera 

musculus), fin (Balaenoptera physalus), 

humpback (Megaptera novaeangliae), 

sei (Balaenoptera borealis), north 

Pacific right (Eubalena japonica), sperm 

(Physeter macrocephalus), and southern 

resident killer (Orcinus orca) whales. 

California (southern) sea otters 

(Enhydra lutris nereis), listed as 

threatened under the ESA and 

categorized as depleted under the 

MMPA, usually range in coastal waters 

within two km (1.2 mi) of shore. Neither 

CCR nor the Society has encountered 

California sea otters on Northwest Seal 

Rock during the course of the four-year 

wildlife study (CCR, 2001) nor has the 

Society encountered the species during 

the course of the previous three IHAs. 

The U.S. Fish and Wildlife Service 

(USFWS) manages the sea otter and we 

will not consider this species further in 

this proposed IHA notice. 

All of the aforementioned species are 

found farther offshore than the proposed 

action area and are not likely to be 

affected by the restoration and 

maintenance activities. Accordingly, we 

will not consider these species in 

greater detail and the proposed IHA will 

only address requested take 

authorizations for pinnipeds. 

Potential Effects on Marine Mammals 

Acoustic and visual stimuli generated 

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

noise generated during restoration 

activities (e.g., painting, plastering, 

welding, and glazing); and (3) 

maintenance activities (e.g., bulb 

replacement and automation of the light 

system) may have the potential to cause 

Level B harassment of any pinnipeds 

hauled out on NWSR. The effects of 

sounds from helicopter operations and/ 

or restoration and maintenance 

activities might include one of the 

following: temporary or permanent 

hearing impairment or behavioral 

disturbance (Southall, et al., 2007). 

Hearing Impairment 

Marine mammals produce sounds in 

various important contexts—social 

interactions, foraging, navigating, and to 

responding to predators. The best 

available science suggests that 

pinnipeds have a functional aerial 

hearing sensitivity between 75 hertz 

(Hz) and 75 kilohertz (kHz) and can 

produce a diversity of sounds, though 

generally from 100 Hz to several tens of 

kHz (Southall, et al., 2007). 

Exposure to high intensity sound for 

a sufficient duration may result in 

auditory effects such as a noise-induced 

threshold shift—an increase in the 

auditory threshold after exposure to 

noise (Finneran, Carder, Schlundt, and 

Ridgway, 2005). Factors that influence 

the amount of threshold shift include 

the amplitude, duration, frequency 

content, temporal pattern, and energy 

distribution of noise exposure. The 

magnitude of hearing threshold shift 

normally decreases over time following 

cessation of the noise exposure. The 

amount of threshold shift just after 

exposure is called the initial threshold 

shift. If the threshold shift eventually 

returns to zero (i.e., the threshold 

returns to the pre-exposure value), it is 

called temporary threshold shift (TTS) 

(Southall et al., 2007). 

Pinnipeds have the potential to be 

disturbed by airborne and underwater 

noise generated by the engine of the 

aircraft (Born, Riget, Dietz, and 

Andriashek, 1999; Richardson, Greene, 

Malme, and Thomson, 1995). Data on 

underwater TTS-onset in pinnipeds 

exposed to pulses are limited to a single 

study which exposed two California sea 

lions to single underwater pulses from 

an arc-gap transducer and found no 

measurable TTS following exposures up 

to 183 dB re: 1 mPa (peak-to-peak) 

(Finneran, Dear, Carder, and Ridgway, 

2003). 

TTS has been demonstrated and 

studied in certain captive odontocetes 

and pinnipeds exposed to strong sounds 

(reviewed in Southall et al., 2007). In 

2004, researchers measured auditory 

fatigue to airborne sound in harbor 

seals, California sea lions, and northern 

elephant seals (Mirounga angustirostris) 

after exposure to non-pulse noise for 25 

minutes (Kastak, Southall, Holt, Kastak, 

and Schusterman, 2004). In the study, 

the harbor seal experienced 

approximately 6 dB of TTS at 99 dB re: 

20 mPa. Onset of TTS was identified in 

the California sea lion at 122 dB re: 20 

mPa. The northern elephant seal 

experienced TTS-onset at 121 dB re: 20 

mPa (Kastak et al., 2004). 

There is a dearth of information on 

acoustic effects of helicopter overflights 

on pinniped hearing and 

communication (Richardson et al., 

1995) and to NMFS’ knowledge, there 

has been no specific documentation of 

TTS, let alone permanent threshold shift 

(PTS), in free-ranging pinnipeds 

exposed to helicopter operations during 

realistic field conditions. 

In 2008, NMFS issued an IHA to the 

U.S. Fish and Wildlife Service (USFWS) 

for the take of small numbers of Steller 

sea lions and Pacific harbor seals, 

incidental to rodent eradication 

activities on an islet offshore of Rat 

Island, AK conducted by helicopter. The 

15-minute aerial treatment consisted of 

the helicopter slowly approaching the 

islet at an elevation of over 1,000 feet 

(304.8 m); gradually decreasing altitude 

in slow circles; and applying the 

rodenticide in a single pass and 

returning to Rat Island. The gradual and 

deliberate approach to the islet resulted 

in the sea lions present initially 

becoming aware of the helicopter and 

calmly moving into the water. Further, 

the USFWS reported that all responses 

fell well within the range of Level B 

harassment (i.e., alert head raises 

without moving or limited, short-term 

displacement resulting from aircraft 

noise due to helicopter overflights). 

As a general statement from the 

available information, pinnipeds 

exposed to intense (approximately 110 

to 120 dB re: 20 mPa) non-pulse sounds 

often leave haulout areas and seek 

refuge temporarily (minutes to a few 

hours) in the water (Southall et al., 

2007). Any noise attributed to the 

Society’s proposed helicopter 

operations on NWSR would be shortterm (approximately 5 min per trip). 

NMFS would expect the ambient noise 

levels to return to a baseline state when 

helicopter operations have ceased for 

the day. Per Richardson et al. (1995), 

approaching aircraft generally flush 

animals into the water and noise from 


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a helicopter is typically directed down 

in a ‘‘cone’’ underneath the aircraft. As 

the helicopter landings take place 15 m 

(48 ft) above the surface of the rocks on 

NWSR, NMFS presumes that the 

received sound levels would increase 

above 81–81.9 dB re: 20 mPa (Aweighted) at the landing pad. However, 

NMFS does not expect that the 

increased received levels of sound from 

the helicopter would cause TTS or PTS 

because the pinnipeds would flush 

before the helicopter approached 

NWSR; thus increasing the distance 

between the pinnipeds and the received 

sound levels on NWSR during the 

proposed action. 

Behavioral Disturbance 

There is increasing recognition that 

the effect of human disturbance wildlife 

is highly dependent on the nature of the 

disturbance (Burger et al., 1995; Klein et 

al., 1995; and Kucey, 2005). 

Disturbances resulting from human 

activity can impact short- and long-term 

pinniped haul out behavior (Renouf et 

al., 1981; Schneider and Payne, 1983; 

Terhune and Almon, 1983; Allen et al., 

1984; Stewart, 1984; Suryan and 

Harvey, 1999; Mortenson et al., 2000; 

and Kucey and Trites, 2006). The 

apparent skittishness of both harbor 

seals and Steller sea lions raises 

concerns regarding behavioral and 

physiological impacts to individuals 

and populations experiencing high 

levels of human disturbance. It is well 

known that human activity can flush 

harbor seals off haul out sites (Allen et 

al., 1984; Calambokidis et al., 1991; 

Suryan and Harvey, 1999; Mortenson et 

al., 2000). 

The Hawaiian monk seal (Monachus 

schauinslandi) has been shown to avoid 

beaches that have been disturbed often 

by humans (Kenyon, 1972). Stevens and 

Boness (2003) concluded that after the 

1997–98 El Nin ̃ o, when populations of 

the South American fur seal, 

Arctocephalus australis, in Peru 

declined dramatically, seals abandoned 

some of their former primary breeding 

sites, but continued to breed at adjacent 

beaches that were more rugged (i.e., less 

likely to be used by humans). 

Abandoned and unused sites were more 

likely to have human disturbance than 

currently used sites. In one case, human 

disturbance appeared to cause Steller 

sea lions to desert a breeding area at 

Northeast Point on St. Paul Island, 

Alaska (Kenyon, 1962). 

It is likely that the initial helicopter 

approach to the Station would cause a 

subset, or all of the marine mammals 

hauled out on NWSR to depart the rock 

and flush into the water. The physical 

presence of aircraft could also lead to 

non-auditory effects on marine 

mammals involving visual or other cues. 

Airborne sound from a low-flying 

helicopter or airplane may be heard by 

marine mammals while at the surface or 

underwater. In general, helicopters tend 

to be noisier than fixed wing aircraft of 

similar size and underwater sounds 

from aircraft are strongest just below the 

surface and directly under the aircraft. 

Noise from aircraft would not be 

expected to cause direct physical effects 

but have the potential to affect behavior. 

The primary factor that may influence 

abrupt movements of animals is engine 

noise, specifically changes in engine 

noise. Responses by mammals could 

include hasty dives or turns, change in 

course, or flushing and stampeding from 

a haul out site. There are few well 

documented studies of the impacts of 

aircraft overflight over pinniped haul 

out sites or rookeries, and many of those 

that exist, are specific to military 

activities (Efroymson et al., 2001). 

Several factors complicate the 

analysis of long- and short-term effects 

for aircraft overflights. Information on 

behavioral effects of overflights by 

military aircraft (or component 

stressors) on most wildlife species is 

sparse. Moreover, models that relate 

behavioral changes to abundance or 

reproduction, and those that relate 

behavioral or hearing effects thresholds 

from one population to another are 

generally not available. In addition, the 

aggregation of sound frequencies, 

durations, and the view of the aircraft 

into a single exposure metric is not 

always the best predictor of effects and 

it may also be difficult to calculate. 

Overall, there has been no indication 

that single or occasional aircraft flying 

above pinnipeds in water cause long 

term displacement of these animals 

(Richardson et al., 1995). The Lowest 

Observed Adverse Effects Levels 

(LOAELs) are rather variable for 

pinnipeds on land, ranging from just 

over 150 m (492 ft) to about 2,000 m 

(6,562 ft) (Efroymson et al., 2001). A 

conservative (90th percentile) distance 

effects level is 1,150 m (3,773 ft). Most 

thresholds represent movement away 

from the overflight. Bowles and Stewart 

(1980) estimated an LOAEL of 305 m 

(1,000 ft) for helicopters (low and 

landing) in California sea lions and 

harbor seals observed on San Miguel 

Island, CA; animals responded to some 

degree by moving within the haul out 

and entering into the water, stampeding 

into the water, or clearing the haul out 

completely. Both species always 

responded with the raising of their 

heads. California sea lions appeared to 

react more to the visual cue of the 

helicopter than the noise. 

If pinnipeds are present on NWSR, it 

is likely that a helicopter landing at the 

Station would cause some number of 

the pinnipeds on NWSR to flush; 

however, when present, they appear to 

show rapid habituation to helicopter 

landing and departure (Crescent Coastal 

Research, 2001; Guy Towers, SGRLPS, 

pers. com.). According to the CCR 

Report (2001), while up to 40 percent of 

the California and Steller sea lions 

present on the rock have been observed 

to enter the water on the first of a series 

of helicopter landings, as few as zero 

percent have flushed on subsequent 

landings on the same date. In fact, the 

Society reported that during the 

November 2011 work session, Steller 

sea lions and California sea lions 

exhibited minimal ingress and egress 

from Northwest Seal Rock during 

helicopter approaches and departures 

(SGRLPS, 2011). 

If pinnipeds are present on NWSR, 

Level B behavioral harassment of 

pinnipeds may occur during helicopter 

landing and takeoff from NWSR due to 

the pinnipeds temporarily moving from 

the rocks and lower structure of the 

Station into the sea due to the noise and 

appearance of helicopter during 

approaches and departures. It is 

expected that all or a portion of the 

marine mammals hauled out on the 

island will depart the rock and move 

into the water upon initial helicopter 

approaches. The movement to the water 

is expected to be gradual due to the 

required controlled helicopter 

approaches (see Proposed Mitigation 

section), the small size of the aircraft, 

the use of noise-attenuating blade tip 

caps on the rotors, and behavioral 

habituation on the part of the animals as 

helicopter trips continue throughout the 

day. During the sessions of helicopter 

activity, if present on NWSR, some 

animals may be temporarily displaced 

from the island and either raft in the 

water or relocate to other haul-outs. 

Sea lions have shown habituation to 

helicopter flights within a day at the 

project site and most animals are 

expected to return soon after helicopter 

activities cease for that day. By 

clustering helicopter arrival/departures 

within a short time period, animals are 

expected to show less response to 

subsequent landings. No impact on the 

population size or breeding stock of 

Steller sea lions, California sea lions, 

Pacific harbor seals, or northern fur 

seals is expected to occur. 

Restoration and maintenance 

activities would involve the removal of 

peeling paint and plaster, restoration of 

interior plaster and paint, refurbishing 


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structural and decorative metal, 

reworking original metal support beams 

throughout the lantern room and 

elsewhere, replacing glass as necessary, 

upgrading the present electrical system; 

and annual light beacon maintenance. 

Any noise associated with these 

activities is likely to be from light 

construction (e.g., sanding, hammering, 

or use of hand drills) and the pinnipeds 

may be disturbed by human presence. 

Animals respond to disturbance from 

humans in the same way as they 

respond to the risk of predation, by 

avoiding areas of high risk, either 

completely or by using them for limited 

periods (Gill et al., 1996). 

Mortality 

Sudden movement of large numbers 

of animals may cause a stampede. In 

order to prevent such stampedes from 

occurring within the sea lion colony, 

certain mitigation requirements and 

restrictions, such as controlled 

helicopter approaches and limited 

access period during the pupping 

season, will be imposed should an IHA 

be issued. As such, and because any 

pinnipeds nearby likely would avoid 

the approaching helicopter, the Society 

anticipates that there will be no 

instances of injury or mortality during 

the proposed project. 

Anticipated Effects on Habitat 

We expect that there will be no longor short-term physical impacts to 

pinniped habitat on NWSR. The Society 

proposes to confine all restoration 

activities to the existing structure which 

would occur on the upper levels of the 

Station which are not used by marine 

mammals. The Society would remove 

all waste, discarded materials and 

equipment from the island after each 

visit. The proposed activities will not 

result in any permanent impact on 

habitats used by marine mammals, 

including the food sources they use. The 

main impact associated with the 

proposed activity will be temporarily 

elevated noise levels and the associated 

direct effects on marine mammals, 

previously discussed in this notice. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

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

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable adverse impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance, and the availability of such 

species or stock for taking for certain 

subsistence uses. 

As a way to reduce or minimize 

adverse impacts that would result from 

the proposed project to the lowest level 

practicable, we propose that the 

following mitigation measures would be 

required. 

Time and Frequency: Lighthouse 

restoration activities are to be conducted 

at maximum of once per month between 

February 1, 2013, through April 30, 

2013, or between November 1, 2013, 

through December 31, 2013. Each 

restoration session will last no more 

than three days. Maintenance of the 

light beacon will occur only in 

conjunction with restoration activities. 

Helicopter Approach and Timing 

Techniques: The Society shall ensure 

that helicopter approach patterns to the 

lighthouse will be such that the timing 

techniques are least disturbing to 

marine mammals. To the extent 

possible, the helicopter should 

approach NWSR when the tide is too 

high for the marine mammals to haulout on NWSR. 

Since the most severe impacts 

(stampede) are precipitated by rapid and 

direct helicopter approaches, initial 

approach to the Station must be offshore 

from the island at a relatively high 

altitude (e.g., 800–1,000 ft, or 244–305 

m). Before the final approach, the 

helicopter shall circle lower, and 

approach from area where the density of 

pinnipeds is the lowest. If for any safety 

reasons (e.g., wind condition) such 

helicopter approach and timing 

techniques cannot be achieved, the 

Society must abort the restoration and 

maintenance activities for that day. 

Avoidance of Visual and Acoustic 

Contact with People on Island: The 

Society members and restoration crews 

shall be instructed to avoid making 

unnecessary noise and not expose 

themselves visually to pinnipeds 

around the base of the lighthouse. 

Although no impacts from these 

activities were seen during the 2001 

CCR study, it is relatively simple to 

avoid this potential impact. The door to 

the lower platform (which is used at 

times by pinnipeds) shall remain closed 

and barricaded to all tourists and other 

personnel. 

Mitigation Conclusions 

We have carefully evaluated the 

proposed mitigation measures in the 

context of ensuring that NMFS 

prescribes the means of effecting the 

least practicable impact on the affected 

marine mammal species and stocks and 

their habitat. Our evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation. 

Based on our evaluation of the 

proposed measures, we have 

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. 

Summary of Previous Monitoring 

The Society complied with the 

mitigation and monitoring required 

under the previous authorizations 

(2010–2012). In compliance with the 

2012 IHA, the Society submitted a final 

report on the activities at the Station, 

covering the period of February 15, 2012 

through April 30, 2012. During the 

effective dates of the 2012 IHA, the 

Society conducted one work session in 

March, 2012. The Society’s aircraft 

operations and restoration activities on 

NWSR did not exceed the activity levels 

analyzed under the 2012 authorization. 

During the March 2012 work session, 

the Society observed two harbor seals 

hauled out on Northwest Seal Rock. 

Both animals (a juvenile and an adult) 

departed the rock, entered the water, 

and did not return to the Station during 

the duration of the activities. 

Proposed Monitoring 

In order to issue an ITA for an 

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

MMPA states that we must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking’’. The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for IHAs must 

include the suggested means of 

accomplishing the necessary monitoring 

and reporting that will result in 

increased knowledge of the species and 

of the level of taking or impacts on 

populations of marine mammals that are 

expected to be present. 

At least once during the period 

between February 22, 2013, through 

April 30, 2013, or during the period of 

November 1, 2013, through December 

31, 2013 a qualified biologist shall be 

present during all three workdays at the 


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1846 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

Station. The biologist hired will be 

subject to approval by us. 

The qualified biologist shall 

document use of the island by the 

pinnipeds, frequency, (i.e., dates, time, 

tidal height, species, numbers present, 

and any disturbances), and note any 

responses to potential disturbances. In 

the event of any observed Steller sea 

lion injury, mortality, or the presence of 

newborn pup, the Society will notify the 

NMFS SWRO Administrator and the 

NMFS Director of Office of Protected 

Resources immediately. 

Aerial photographic surveys may 

provide the most accurate means of 

documenting species composition, age 

and sex class of pinnipeds using the 

project site during human activity 

periods. Aerial photo coverage of the 

island shall be completed from the same 

helicopter used to transport the 

Society’s personnel to the island during 

restoration trips. Photographs of all 

marine mammals hauled out on the 

island shall be taken at an altitude 

greater than 300 m (984 ft) by a skilled 

photographer, prior to the first landing 

on each visit included in the monitoring 

program. Photographic documentation 

of marine mammals present at the end 

of each three-day work session shall 

also be made for a before and after 

comparison. These photographs will be 

forwarded to a biologist capable of 

discerning marine mammal species. 

Data shall be provided to us in the form 

of a report with a data table, any other 

significant observations related to 

marine mammals, and a report of 

restoration activities (see Reporting). 

The original photographs can be made 

available to us or other marine mammal 

experts for inspection and further 

analysis. 

Proposed Reporting 

The Society’s personnel will record 

data to document the number of marine 

mammals exposed to helicopter noise 

and to document apparent disturbance 

reactions or lack thereof. The Society 

and NMFS will use the data to estimate 

numbers of animals potentially taken by 

Level B harassment. 

Interim Monitoring Report 

The Society will submit interim 

monitoring reports to the NMFS SWRO 

Administrator and the NMFS Director of 

Office of Protected Resources no later 

than 30 days after the conclusion of 

each monthly session. The interim 

report will describe the operations that 

were conducted and sightings of marine 

mammals near the proposed project. 

The report will provide full 

documentation of methods, results, and 

interpretation pertaining to all 

monitoring. 

Each interim report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

Final Monitoring Report 

In addition to the interim reports, the 

Society will submit a draft Final 

Monitoring Report to us no later than 90 

days after the project is completed to the 

Regional Administrator and the Director 

of Office of Protected Resources at 

NMFS Headquarters. Within 30 days 

after receiving comments from us on the 

draft Final Monitoring Report, the 

Society must submit a Final Monitoring 

Report to the Regional Administrator 

and the NMFS Director of Office of 

Protected Resources. If the Society 

receives no comments from us on the 

draft Final Monitoring Report, the draft 

Final Monitoring Report will be 

considered to be the Final Monitoring 

Report. 

The final report will provide: 

(i) A summary and table of the dates, 

times, and weather during all helicopter 

operations, and restoration and 

maintenance activities. 

(ii) Species, number, location, and 

behavior of any marine mammals, 

observed throughout all monitoring 

activities. 

(iii) An estimate of the number (by 

species) of marine mammals that are 

known to have been exposed to acoustic 

stimuli associated with the helicopter 

operations, restoration and maintenance 

activities. 

(iv) A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the IHA (if issued), such 

as an injury (Level A harassment), 

serious injury or mortality (e.g., 

stampede), the Society shall 

immediately cease the specified 

activities and immediately report the 

incident to the Chief of the Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and/or by email to 

Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

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

must include the following information: 

• Time, date, and location (latitude/ 

longitude) of the incident; 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Species identification or 

description of the animal(s) involved; 

• Fate of the animal(s); and 

• Photographs or video footage of the 

animal(s) (if equipment is available). 

Activities will not resume until we 

are able to review the circumstances of 

the prohibited take. We will work with 

the Society to determine what is 

necessary to minimize the likelihood of 

further prohibited take and ensure 

MMPA compliance. The Society may 

not resume their activities until notified 

by us via letter, email, or telephone. 

In the event that the Society discovers 

an injured or dead marine mammal, and 

the biologist (if present) determines that 

the cause of the injury or death is 

unknown and the death is relatively 

recent (i.e., in less than a moderate state 

of decomposition as described in the 

next paragraph), the Society will 

immediately report the incident to the 

Chief of the Permits and Conservation 

Division, Office of Protected Resources, 

NMFS, at 301–427–8401 and/or by 

email to Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

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

must include the same information 

identified in the paragraph above. 

Activities may continue while NMFS 

reviews the circumstances of the 

incident. We will work with the Society 

to determine whether modifications in 

the activities are appropriate. 

In the event that the Society discovers 

an injured or dead marine mammal, and 

the lead biologist (if present) determines 

that the injury or death is not associated 

with or related to the activities 

authorized in the IHA (e.g., previously 

wounded animal, carcass with moderate 

to advanced decomposition, or 

scavenger damage), the Society will 

report the incident to the Chief of the 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, at 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 1847 

301–427–8401 and/or by email to 

Michael.Payne@noaa.gov and 

ITP.Cody@noaa.gov and to the 

Southwest Regional Stranding 

Coordinator at 562–980–3230 

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

hours of the discovery. The Society will 

provide photographs or video footage (if 

available) or other documentation of the 

stranded animal sighting to NMFS. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: 

any act of pursuit, torment, or annoyance 

which (i) has the potential to injure a marine 

mammal or marine mammal stock in the wild 

[Level A harassment]; or (ii) has the potential 

to disturb a marine mammal or marine 

mammal stock in the wild by causing 

disruption of behavioral patterns, including, 

but not limited to, migration, breathing, 

nursing, breeding, feeding, or sheltering 

[Level B harassment]. 

Only take by Level B harassment is 

anticipated and authorized as a result of 

the helicopter operations and 

restoration and maintenance activities 

on NWSR. 

Based on pinniped survey counts 

conducted by CCR on NWSR in the 

spring of 1997, 1998, 1999, and 2000 

(CCR, 2001), we estimate that 

approximately 204 California sea lions 

(calculated by multiplying the average 

monthly abundance of California sea 

lions (zero in April 1997 and 34 in April 

1998) present on NWSR by 6 months of 

the proposed restoration and 

maintenance activities); 172 Steller sea 

lions (our estimate of the maximum 

number of Steller sea lions that could be 

present on NWSR with a 95-percent 

confidence interval); 36 Pacific harbor 

seals (calculated by multiplying the 

maximum number of harbor seals 

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

6 northern fur seals (calculated by 

multiplying the maximum number of 

northern fur seals present on NWSR (1) 

by 6 months) could be potentially 

affected by Level B behavioral 

harassment over the course of the 

proposed IHA. Estimates of the numbers 

of marine mammals that might be 

affected are based on consideration of 

the number of marine mammals that 

could be disturbed appreciably by 

approximately 51 hrs of aircraft 

operations during the course of the 

proposed activity. These incidental 

harassment take numbers represent 

approximately 0.14 percent of the U.S. 

stock of California sea lion, 0.42 percent 

of the eastern U.S. stock of Steller sea 

lion, 0.11 percent of the California stock 

of Pacific harbor seals, and 0.06 percent 

of the San Miguel Island stock of 

northern fur seal. Because of the 

required mitigation measures and the 

likelihood that some pinnipeds will 

avoid the area, no injury or mortality to 

pinnipeds is expected nor requested. 

Negligible Impact and Small Numbers 

Analyses and Determinations 

We have 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, we consider: 

(1) The number of anticipated 

mortalities; 

(2) The number and nature of 

anticipated injuries; 

(3) The number, nature, and intensity, 

and duration of Level B harassment; and 

(4) The context in which the takes 

occur. 

As mentioned previously, we estimate 

that up to four species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the IHA. 

No takes by Level A harassment, 

serious injury, or mortality are 

anticipated to occur as a result of the 

Society’s proposed activities, and none 

are authorized. Only short-term 

behavioral disturbance is anticipated to 

occur due to the brief and sporadic 

duration of the proposed activities; the 

availability of alternate areas near 

NWSR for marine mammals to avoid the 

resultant acoustic disturbance; and 

limited access to NWSR during the 

pupping season. Due to the nature, 

degree, and context of the behavioral 

harassment anticipated, the activities 

are not expected to impact rates of 

recruitment or survival. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, we 

preliminarily find that the taking by 

Level b harassment from the Society’s 

planned helicopter operations and 

restoration/maintenance activities, 

would have a negligible impact on the 

affected species or stocks of marine 

mammals. 

We also preliminarily find that the 

taking would be limited to small 

numbers of marine mammals, relative to 

the population sizes of the affected 

species or stocks (i.e., for each species, 

these numbers are less than one 

percent). 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. 

Endangered Species Act (ESA) 

The Steller sea lion, eastern Distinct 

Population Segment (DPS) is listed as 

threatened under the ESA and occurs in 

the planned action area. NMFS 

Headquarters’ Office of Protected 

Resources, Permits, Conservation, and 

Education Division conducted a formal 

section 7 consultation under the ESA 

with the Southwest Region, NMFS. On 

January 27, 2010, the Southwest Region 

issued a BiOp and concluded that the 

issuance of IHAs are likely to adversely 

affect, but not likely to jeopardize the 

continued existence of Steller sea lions. 

NMFS has designated critical habitat for 

the eastern Distinct Population Segment 

of Steller sea lions in California at An ̃ o 

Nuevo Island, Southeast Farallon Island, 

Sugarloaf Island and Cape Mendocino, 

California pursuant to section 4 of the 

ESA (see 50 CFR 226.202(b)). Northwest 

Seal Rock is neither within nor nearby 

these designated areas. Finally, the 

BiOp included an ITS for Steller sea 

lions. The ITS contains reasonable and 

prudent measures implemented by 

terms and conditions to minimize the 

effects of this take. 

We have again reviewed the 2010 

BiOp and determined that there is no 

new information regarding effects to 

Stellar sea lions; the action has not been 

modified in a manner which would 

cause adverse effects not previously 

evaluated; there has been no new listing 

of species or designation of critical 

habitat that could be affected by the 

action; and, the action will not exceed 

the extent or amount of incidental take 

authorized in the ITS. Therefore, the 

proposed IHA does not require the 

reinitiation of Section 7 consultation 

under the ESA. 

National Environmental Policy Act 

(NEPA) 

To meet our NEPA requirements for 

the issuance of an IHA to the Society, 

we have prepared an Environmental 

Assessment (EA) in 2010 that was 

specific to conducting aircraft 

operations and restoration and 

maintenance work on the St. George 

Reef Light Station. The EA, titled 

‘‘Issuance of an Incidental Harassment 

Authorization to Take Marine Mammals 

by Harassment Incidental to Conducting 

Aircraft Operations, Lighthouse 

Restoration and Maintenance Activities 

on St. George Reef Lighthouse Station in 


srobinson on DSK4SPTVN1PROD with 
1848 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Notices 

Del Norte County, California,’’ evaluated 

the impacts on the human environment 

of our authorization of incidental Level 

B harassment resulting from the 

specified activity in the specified 

geographic region. At that time, we 

concluded that issuance of an IHA 

November 1 through April 30, annually 

would not significantly affect the 

quality of the human environment and 

issued a Finding of No Significant 

Impact (FONSI) for the 2010 EA 

regarding the Society’s activities. In 

conjunction with the Society’s 2012 

application, we have again reviewed the 

2010 EA and determined that there are 

no new direct, indirect or cumulative 

impacts to the human and natural 

environment associated with the IHA 

requiring evaluation in a supplemental 

EA and we, therefore, intend to 

preliminarily reaffirm the 2010 FONSI. 

An electronic copy of the EA and the 

FONSI for this activity is available upon 

request (see ADDRESSES). 

Helen M. Golde, 

Acting Office Director, Office of Protected 

Resources, National Marine Fisheries Service. 

[FR Doc. 2013–00202 Filed 1–8–13; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Department of the Army 

Intent To Grant an Exclusive License 

of a U.S. Government-Owned Invention 

AGENCY: Department of the Army, DoD. 

ACTION: Notice. 

SUMMARY: In accordance with 35 U.S.C. 

209(e), and 37 CFR 404.7(a)(1)(i) and 37 

CFR 404.7(b)(1)(i), announcement is 

made of the intent to grant an exclusive, 

revocable license to the invention 

claimed in U.S. Patent No. 6,316,197, 

entitled ‘‘Method of Diagnosing of 

Exposure to Toxic Agents by Measuring 

Distinct Pattern in the Levels of 

Expression of Specific Genes,’’ issued 

on November 13, 2001, and foreign 

rights to Cascade Biotherapeutics, Inc., 

with its principal place of business at 

4938 Hampden Lane #319, Bethesda, 

Maryland 20814–2914. 

ADDRESSES: Commander, U.S. Army 

Medical Research and Materiel 

Command, ATTN: Command Judge 

Advocate, MCMR–JA, 504 Scott Street, 

Fort Detrick, MD 21702–5012. 

FOR FURTHER INFORMATION CONTACT: For 

licensing issues, Dr. Paul Mele, Office of 

Research & Technology Applications, 

(301) 619–6664. For patent issues, Ms. 

Elizabeth Arwine, Patent Attorney, (301) 

619–7808; both at telefax (301) 619– 

5034. 

SUPPLEMENTARY INFORMATION: Anyone 

wishing to object to grant of this license 

can file written objections along with 

supporting evidence, if any, within 15 

days from the date of this publication. 

Written objections are to be filed with 

the Command Judge Advocate (see 

ADDRESSES). 

Brenda S. Bowen, 

Army Federal Register Liaison Officer. 

[FR Doc. 2013–00226 Filed 1–8–13; 8:45 am] 

BILLING CODE 3710–08–P 

DEPARTMENT OF ENERGY 

Plutonium-238 Production for 

Radioisotope Power Systems for 

National Aeronautics and Space 

Administration and National Security 

Missions 

AGENCY: Department of Energy. 

ACTION: Notice of Intent to Prepare a 

Supplement Analysis; Notice of 

Cancellation of an Environmental 

Impact Statement. 

SUMMARY: The Department of Energy 

(DOE) issued the Programmatic 

Environmental Impact Statement for 

Accomplishing Expanded Civilian 

Nuclear Energy Research and 

Development and Isotope Production 

Missions in the United States, Including 

the Role of the Fast Flux Test Facility 

(Nuclear Infrastructure or NI PEIS) in 

December 2000 to evaluate alternatives 

for enhancement of DOE’s nuclear 

infrastructure. After considering the 

analysis in the NI PEIS and other 

relevant factors, DOE decided to 

reestablish domestic production of 

plutonium-238 (Pu-238) for radioisotope 

power systems (RPSs) to support the 

National Aeronautics and Space 

Administration (NASA) and national 

security missions. Although a Record of 

Decision (ROD) for the NI PEIS was 

published in January 2001, DOE has not 

implemented the decision to date. That 

decision included using the Advanced 

Test Reactor at the Idaho National 

Laboratory (INL) and the High Flux 

Isotope Reactor at the Oak Ridge 

National Laboratory (ORNL) in 

Tennessee to irradiate neptunium-237 

(Np-237) targets; using the 

Radiochemical Engineering 

Development Center at ORNL to 

fabricate Np-237 targets and isolate Pu238; utilizing TA-55 at Los Alamos 

National Laboratory in New Mexico to 

purify and encapsulate Pu-238; and, 

using existing facilities at INL to 

assemble and test the RPSs. Subsequent 

to the decision, DOE issued the draft 

Environmental Impact Statement for the 

Proposed Consolidation of Nuclear 

Operations Related to Production of 

Radioisotope Power Systems (Draft 

Consolidation EIS) in 2005 to 

consolidate the nuclear operations 

related to RPSs at a single site. DOE is 

now proposing to implement that earlier 

decision based on the NI PEIS and 

cancel the Consolidation EIS. Prior to 

proceeding with implementation of that 

earlier decision, DOE will prepare a 

Supplement Analysis (SA) in 

accordance with DOE’s National 

Environmental Policy Act (NEPA) 

Implementing Procedures to determine 

whether a supplement to the NI PEIS or 

a new EIS should be prepared, or that 

no additional NEPA review is 

warranted. 

FOR FURTHER INFORMATION CONTACT: For 

further information on the Pu–238 

Production Program, please contact: Ms. 

Alice Caponiti, Program Director for 

Infrastructure Capabilities, Office of 

Space and Defense Power Systems (NE– 

75), Office of Nuclear Energy, U.S. 

Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585, Phone 301–903–6062, 

alice.caponiti@nuclear.energy.gov. 

For information on NEPA analysis for 

Pu-238 production, please contact: Dr. 

Rajendra Sharma, NEPA Compliance 

Officer, Office of Nuclear Energy (NE– 

31), U.S. Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585, Phone 301–903–2899, 

rajendra.sharma@nuclear.energy.gov. 

For general information on the DOE 

NEPA process, please contact: Ms. Carol 

Borgstrom, Director, Office of NEPA 

Policy and Compliance (GC–54), U.S. 

Department of Energy, 1000 

Independence Ave. SW., Washington, 

DC 20585, Phone 202–586–4600; leave a 

message at 1–800–472–2756; facsimile 

202–586–7031; or send email to: 

asknepa@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the Atomic 

Energy Act of 1954, DOE’s missions 

include: (1) Producing isotopes for 

research and applications in medicine 

and industry; (2) meeting nuclear 

material needs of other Federal 

agencies; and (3) conducting research 

and development activities for civilian 

use of nuclear power. As part of these 

responsibilities, DOE and its 

predecessor agencies have supplied Pu238 for U.S. space programs and 

national security missions for more than 

five decades. NASA uses RPSs, which 

are fueled by Pu-238, as the source of 


srobinson on DSK4SPTVN1PROD with