3560 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 

Management Action Team (FMAT), 

and/or an advisory panel 

—Discuss workshop and potential 

invitees 

3 p.m. 

Council Convenes 

3 p.m.–5:30 p.m. 

Climate Change and Fisheries— 

Ecosystem Approach to Fisheries 

Management 

—NOAA Fisheries Climate Science 

Strategy, Roger Griffis—NMFS 

—Review Climate White Paper 

—Discuss incorporation of climate 

change and variability into Council 

fishery science and management 

programs 

Wednesday, February 11, 2015 

9 a.m. 

Council Convenes 

9 a.m.–10:30 a.m. 

Surfclam and Ocean Quahog Cost 

Recovery Amendment 

—Review public hearing comments 

—Select preferred alternatives for 

submission to NMFS 

10:30 a.m.–11:50 a.m. 

Omnibus Observer Amendment 

—Review and approve document for 

public comment and hearings 

11:50 a.m.–12 p.m. 

Ricks E Savage Award 

1 p.m.–5 p.m. 

Deep Sea Coral Amendment 

—Review public hearing comments 

—Select preferred alternatives for 

submission to NMFS 

5 p.m.–6 p.m. 

Listening Session—MRIP New Effort 

Estimation Methodology, Rob 

Andrews—NMFS 

Thursday, February 12, 2015 

8 a.m. 

Council Convenes 

8 a.m.–8:30 a.m. 

ACCSP Presentation—Recent Data 

Collection Improvements, Mike 

Cahall—ACCSP 

8:30 a.m.–9 a.m. 

Electronic Technology Implementation 

Plan—Update, Dan Morris—NMFS 

9 a.m.–1 p.m. 

Business Session 

Organization Reports 

—NMFS Greater Atlantic Regional 

Office 

—NMFS Northeast Fisheries Science 

Center 

—Stock Assessment Program Review 

and Follow-up 

—NOAA Office of General Counsel 

—NOAA Office of Law Enforcement 

—U.S. Coast Guard 

—Atlantic States Marine Fisheries 

Commission 

Liaison Reports 

—New England Council 

—South Atlantic Council 

Executive Director’s Report, Chris 

Moore 

Science Report, Rich Seagraves 

Committee Reports 

—RSA (Cooperative Research) 

Committee 

—Continuing and New Business 

Although non-emergency issues not 

contained in this agenda may come 

before this group for discussion, in 

accordance with the Magnuson-Stevens 

Fishery Conservation and Management 

Act (Magnuson-Stevens Act), those 

issues may not be the subject of formal 

action during these meetings. Actions 

will be restricted to those issues 

specifically identified in this notice and 

any issues arising after publication of 

this notice that require emergency 

action under section 305(c) of the 

Magnuson-Stevens Act, provided the 

public has been notified of the Council’s 

intent to take final action to address the 

emergency. 

Special Accommodations 

These meetings are physically 

accessible to people with disabilities. 

Requests for sign language 

interpretation or other auxiliary aid 

should be directed to M. Jan Saunders, 

(302) 526–5251, at least 5 days prior to 

the meeting date. 

Dated: January 20, 2015. 

Tracey L. Thompson, 

Acting Deputy Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2015–01147 Filed 1–22–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD602 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Rocky Intertidal 

Monitoring Surveys on the South 

Farallon Islands, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

Marine Mammal Protection Act 

(MMPA) regulations, notification is 

hereby given that NMFS has issued an 

Incidental Harassment Authorization 

(IHA) to the National Ocean Service’s 

Office of National Marine Sanctuaries 

Gulf of the Farallones National Marine 

Sanctuary (GFNMS) to take marine 

mammals, by harassment, incidental to 

rocky intertidal monitoring work and 

searching for black abalone, components 

of the Sanctuary Ecosystem Assessment 

Surveys. 

DATES: Effective January 10, 2015, 

through January 30, 2015. 

ADDRESSES: Electronic copies of the 

authorization, application, and 

associated Environmental Assessment 

(EA) and Finding of No Significant 

Impact (FONSI) may be obtained by 

writing to Jolie Harrison, Supervisor, 

Incidental Take Program, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910, 

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: 

Robert Pauline, 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, other 

means of effecting the least practicable 

impact on the species or stock and its 

habitat, and requirements pertaining to 

the mitigation, monitoring and reporting 

of such takings are set forth. 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.’’ 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 3561 

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].’’ 

Summary of Request 

On August 18, 2014 NMFS received 

an application from GFNMS for the 

taking of marine mammals incidental to 

rocky intertidal monitoring work and 

searching for black abalone. NMFS 

determined that the application was 

adequate and complete on August 29, 

2014. On December 2, 2014, we 

published a notice in the Federal 

Register of our proposal to issue an IHA 

with preliminary determinations and 

explained the basis for the proposal and 

preliminary determinations (79 FR 

71388). The notice initiated a 30-day 

public comment period. Responses are 

discussed below. In November 2012, 

NMFS issued a 1-year IHA to GFNMS to 

take marine mammals incidental to 

these same proposed activities (77 FR 

68107, November 15, 2012). That IHA 

expired on November 7, 2013. However, 

GFNMS did not conduct any abalone 

sampling during this time period. 

Therefore, no take occurred. 

GFNMS proposes to continue rocky 

intertidal monitoring work and the 

search for black abalone in areas 

previously unexplored for black abalone 

from January 16 through January 23, 

2015. All work will be done only during 

daylight minus low tides. This is a longterm study that began in 1992. This IHA 

is effective from January 10 through 

January 30, 2015 to allow for a bit of 

flexibility in the sampling schedule. 

Twelve sites are proposed for sampling. 

The following specific aspects of the 

activities are likely to result in the take 

of marine mammals: Presence of survey 

personnel near pinniped haulout sites 

and approach of survey personnel 

towards hauled out pinnipeds. Take, by 

Level B harassment only, of individuals 

of five species of marine mammals is 

anticipated to result from the specified 

activity. 

Description of the Specified Activity 

and Specified Geographic Region 

Since the listing of black abalone as 

‘‘endangered’’ under the U.S. 

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

1531 et seq.), NMFS has requested that 

GFNMS explore as much of the 

shoreline as possible, as well as 

document and map the location of 

quality habitat for black abalone and the 

location of known animals. This listing 

prompted the need to expand the search 

for black abalone into other areas on the 

South Farallon Islands (beyond those 

that have been studied since 1992) to 

gain a better understanding of the 

abundance and health of the black 

abalone population in this remote and 

isolated location. The monitoring is 

planned to remain ongoing, and efforts 

to assess the status and health of the 

black abalone population on the South 

Farallon Islands may take several years, 

and perhaps decades, because black 

abalone tend to be very cryptic and 

difficult to find, especially when they 

are sparse and infrequent in occurrence. 

In order for the assessment of black 

abalone to be more comprehensive, 

GFNMS needs to expand shore searches 

in areas beyond the proximity of their 

quantitative quadrat sampling areas and 

also into new areas on Southeast 

Farallon and Maintop (West End) 

Islands. Additional information can be 

found in the IHA application (see 

ADDRESSES) and the Notice of Proposed 

IHA (79 FR 71388, December 2, 2014). 

Routine shore activity will continue 

to involve the use of only nondestructive sampling methods to 

monitor rocky intertidal algal and 

invertebrate species abundances (see 

Figure 2 in GFNMS’ application). The 

sampling, photographic documentation, 

and shore walks for the period of this 

IHA have been scheduled to occur from 

January 16 through January 23, 2015. 

Each survey will last for approximately 

4 to 8 days. All work will be done only 

during daylight minus, low tides. Each 

location (as listed in Tables 2 and 3 in 

GFNMS’ application) will be visited/

sampled by five to six biologists, for a 

duration of 4–5 hours, one to two times 

each minus tide cycle. The Notice of 

Proposed IHA contains additional 

information on the survey methodology 

(79 FR 71388, December 2, 2014). That 

information has not changed and is 

therefore not repeated here. 

Point Blue (formerly named PRBO 

Conservation Science) continues its year 

round pinniped and seabird research 

and monitoring efforts on the South 

Farallon Islands, which began in 1968, 

under MMPA scientific research permits 

and IHAs. GFNMS biologists will gain 

access to the sites via boats operated by 

Point Blue, with disturbance and 

incidental take authorized via IHAs 

issued to Point Blue. For this reason, 

GFNMS has not requested authorization 

for take from disturbance by boat, as 

incidental take from that activity is 

authorized in a separate IHA. 

Specified Geographic Location and 

Activity Timeframe 

The Farallon Islands consists of a 

chain of seven islands located 

approximately 48 km (30 mi) west of 

San Francisco, near the edge of the 

continental shelf and in the geographic 

center of the GFNMS (see Figure 1 in 

GFNMS’ application). The land of the 

islands above the mean high tide mark 

is designated as the Farallon National 

Wildlife Refuge (managed by the U.S. 

Fish and Wildlife Service [USFWS]), 

while the shore and subtidal below are 

in GFNMS. The nearshore and offshore 

waters are foraging areas for pinniped 

species discussed in this document. 

The two largest islands of the seven 

islands are the Southeast Farallon and 

Maintop (aka West End) Islands. These 

and several smaller rocks are 

collectively referred to as the South 

Farallon Islands and are the subject of 

this IHA request. The two largest islands 

are separated by only a 9 m (30 ft) wide 

surge channel. Together, these islands 

are approximately 49 hectares (120 

acres) in size with an intertidal 

perimeter around both islands of 7.7 km 

(4.8 mi). 

The areas proposed for sampling are: 

Blow Hole Peninsula; Mussel Flat; Dead 

Sea Lion Flat; Low Arch; Raven’s Cliff; 

Drunk Uncle Islet; East Landing; North 

Landing; Fisherman’s Bay; Weather 

Service Peninsula; Indian Head; and 

Shell Beach (see Figure 2 in GFNMS’ 

application). Each sample site will be 

visited one to two times each minus tide 

cycle for 4–5 hours each visit. 

The shorelines on these islands, 

including areas above the mean high 

tide elevation, have become more 

heavily used over time as haulout sites 

for pinnipeds to rest, give birth, and 

molt. The intertidal zones where 

GFNMS conducts intertidal monitoring 

area also areas where pinnipeds can be 

found hauled out on the shore. 

Accessing portions of the intertidal 

habitat may cause incidental Level B 

(behavioral) harassment of pinnipeds 

through some unavoidable approaches if 

pinnipeds are hauled out directly in the 

study plots or while biologists walk 

from one location to another. No 

motorized equipment is involved in 

conducting these surveys. The species 

for which Level B harassment is 

authorized are: California sea lions 

(Zalophus californianus californianus); 

harbor seals (Phoca vitulina richardii); 

northern elephant seals (Mirounga 

angustirostris); Stellar sea lions 

(Eumetopias jubatus); and northern fur 

seals (Callorhinus ursinus). 


tkelley on DSK3SPTVN1PROD with NOTICES
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Comments and Responses 

A Notice of Proposed IHA was 

published in the Federal Register on 

December 2, 2014 (79 FR 71388) for 

public comment. During the 30-day 

public comment period, NMFS received 

one letter from the Marine Mammal 

Commission. No other organizations 

provided comments on the proposed 

issuance of an IHA for this activity. The 

Marine Mammal Commission 

recommended that NMFS issue the IHA, 

subject to the inclusion of the proposed 

mitigation and monitoring measures. 

NMFS has included all of the mitigation 

and monitoring measures in the Notice 

of Proposed IHA (79 FR 71388, 

December 2, 2014) in the issued IHA. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Many of the shores of the two South 

Farallon Islands provide resting, 

molting, and breeding habitat for 

pinniped species: Northern elephant 

seals; harbor seals; California sea lions; 

northern fur seals; and Steller sea lions. 

California sea lion is the species 

anticipated to be encountered most 

frequently during the specified activity. 

The other four species are only 

anticipated to be encountered at some of 

the sites. Tables 2 and 3 in GFNMS’ 

application outline the average and 

maximum expected occurrences of each 

species at each sampling location, 

respectively. Numbers in these tables 

are based on weekly surveys conducted 

by PRBO (now Point Blue) in January 

2012 and 2013. Figures contained in 

Appendix I of GFNMS’ application 

depict the overlap between pinniped 

haulouts and abalone sampling sites. 

None of the species noted here are listed 

as threatened and endangered under the 

ESA. On November 4, 2013, NMFS 

published a final rule delisting the 

eastern distinct population segment 

(DPS) of Steller sea lions (78 FR 66139). 

We have determined that this DPS has 

recovered and no longer meets the 

definition of an endangered or 

threatened species under the ESA. The 

Steller sea lions on the South Farallon 

Islands are part of the eastern DPS. 

We refer the public to Carretta et al. 

(2014) and Allen and Angliss (2014) for 

general information on these species 

which are presented below this section. 

The publications are available on the 

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

pr/sars/pdf/pacific2013_final.pdf and 

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

ak2013_final.pdf. Additional 

information on the status, distribution, 

seasonal distribution, and life history 

can also be found in GFNMS’ 

application and NMFS’ Notice of 

Proposed IHA (79 FR 71388, December 

2, 2014). The information has not 

changed and is therefore not repeated 

here. 

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 2 km (1.2 mi) of shore. PRBO has 

not encountered California sea otters on 

Southeast Farallon Island during the 

course of seabird or pinniped research 

activities over the past five years. This 

species is managed by the USFWS and 

is not considered further in this notice. 

Potential Effects of the Specified 

Activity on Marine Mammals 

The appearance of researchers may 

have the potential to cause Level B 

harassment of any pinnipeds hauled out 

on Southeast Farallon and Maintop 

(West End) Islands. 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 

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. NMFS’ Notice of 

Proposed IHA (79 FR 71388, December 

2, 2014) contains information regarding 

potential impacts to marine mammals 

from the specified activity. The 

information has not changed and is 

therefore not repeated here. 

Typically, even those reactions 

constituting Level B harassment would 

result at most in temporary, short-term 

disturbance. Researchers will visit 

approximately 12 sites over about an 8 

day period. Each site visit typically lasts 

4–5 hours. Therefore, disturbance of 

pinnipeds resulting from the presence of 

researchers lasts only for short periods 

of time. 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. 

NMFS does not anticipate that the 

activities would result in the injury, 

serious injury, or mortality of pinnipeds 

because (1) the timing of research visits 

would preclude separation of mothers 

and pups for four of the pinniped 

species, as activities occur outside of the 

pupping/breeding season and (2) 

elephant seals are generally not 

susceptible to disturbance as a result of 

researchers’ presence. In addition, 

researchers will exercise appropriate 

caution approaching sites, especially 

when pups are present and will redirect 

activities when pups are present. 

Anticipated Effects on Marine Mammal 

Habitat 

The only habitat modification 

associated with the proposed activity is 

the quadrat locations being marked with 

marine epoxy. The plot corners are 

marked with a 3x3 cm (1.2x1.2 in) patch 

of marine epoxy glued to the benchrock 

for relocating the quadrat sites. Markers 

have been in place since 1993, and 

pinniped populations have increased 

throughout the islands during this time. 

Maintenance is sometimes required, 

which consists of replenishing worn 

markers with fresh epoxy or replacing 

markers that have become dislodged. No 

gas power tools are used, so there is no 

potential for noise or accidental fuel 

spills disturbing animals and impacting 

habitats. Thus, the activity is not 

expected to have any habitat-related 

effects, including to marine mammal 

prey species, that could cause 

significant or long-term consequences 

for individual marine mammals or their 

populations. 

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 

certain subsistence uses (where 

relevant). 

GFNMS shall implement several 

mitigation measures to reduce potential 

take by Level B (behavioral disturbance) 


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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 3563 

harassment. Measures include: (1) 

Coordinating sampling efforts with 

other permitted activities (i.e., Point 

Blue and USFWS); (2) conducting slow 

movements and staying close to the 

ground to prevent or minimize 

stampeding; (3) avoiding loud noises 

(i.e., using hushed voices); (4) vacating 

the area as soon as sampling of the site 

is completed; (5) monitoring the 

offshore area for predators (such as 

killer whales and white sharks) and 

avoid flushing of pinnipeds when 

predators are observed in nearshore 

waters; (6) using binoculars to detect 

pinnipeds before close approach to 

avoid being seen by animals; and (7) 

rescheduling work at sites where pups 

other than elephant seal pups are 

present, unless other means to 

accomplishing the work can be done 

without causing disturbance to mothers 

and dependent pups. 

The methodologies and actions noted 

in this section will be utilized and 

included as mitigation measures in the 

IHA to ensure that impacts to marine 

mammals are mitigated to the lowest 

level practicable. 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. In 

general, researchers will stay inshore of 

pinnipeds whenever possible to allow 

maximum escape to the ocean. Each 

visit to a given study site will last for 

approximately 4–5 hours, after which 

the site is vacated and can be reoccupied by any marine mammals that 

may have been disturbed by the 

presence of abalone researchers. By 

arriving before low tide, worker 

presence will tend to encourage 

pinnipeds to move to other areas for the 

day before they haul out and settle onto 

rocks at low tide. 

The following measures are required 

to avoid disturbances to elephant seal 

pups. Disturbances to females with 

dependent pups can be mitigated to the 

greatest extent practicable by avoiding 

visits to those intertidal sites with 

pinnipeds that are actively nursing, 

with the exception of northern elephant 

seals. The time of year when GFNMS 

plans to sample avoids disturbance to 

young, dependent pups, with the 

exception of northern elephant seals. 

Thus, late January/early February, at 

minimum, is preferable for the proposed 

intertidal survey work in order to 

minimize the risk of harassment. 

Harassment of nursing northern 

elephant seal pups may occur but only 

to a limited extent. Disruption of 

nursing to northern elephant seal pups 

will occur only as biologists pass by the 

area. No flushing on nursing northern 

elephant seal pups will occur, and no 

disturbance to newborn northern 

elephant seals (pups less than one week 

old) will occur. Moreover, elephant 

seals have a much higher tolerance of 

nearby human activity than sea lions or 

harbor seals. In the event of finding 

pinnipeds, other than elephant seals, 

breeding and nursing, the intertidal 

monitoring activities will be re-directed 

to sites where these activities and 

behaviors are not occurring. This 

mitigation measure will reduce the 

possibility of takes by harassment and 

further reduce the remote possibility of 

serious injury or mortality of dependent 

pups. 

NMFS has carefully evaluated 

GFNMS’ 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: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation. 

Based on our evaluation of the 

applicant’s final measures, NMFS has 

determined that the 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. 

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 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 in the proposed 

action area. 

Currently many aspects of pinniped 

research are being conducted by Point 

Blue scientists on the Farallon Islands, 

which includes elephant seal pup 

tagging and behavior observations with 

special notice to tagged animals. 

Additional observations are always 

desired, such as observations of 

pinniped carcasses bearing tags, as well 

as any rare or unusual marine mammal 

occurrences. GFNMS’ observations and 

reporting will add to the observational 

database and on-going marine mammal 

assessments on the Farallon Islands. 

GFNMS can add to the knowledge of 

pinnipeds on the South Farallon Islands 

by noting observations of: (1) Unusual 

behaviors, numbers, or distributions of 

pinnipeds, such that any potential 

follow-up research can be conducted by 

the appropriate personnel; (2) tagbearing carcasses of pinnipeds, allowing 

transmittal of the information to 

appropriate agencies and personnel; and 

(3) rare or unusual species of marine 

mammals for agency follow-up. 

Monitoring requirements in relation 

to GFNMS’ abalone research surveys 

will include observations made by the 

applicant. 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 the South 

Farallon Islands will be reported to 

NMFS and Point Blue 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 NMFS and Point 

Blue. 

If at any time injury, serious injury, or 

mortality of the species for which take 

is authorized should occur, or if take of 

any kind of any other marine mammal 

occurs, and such action may be a result 

of the abalone research, GFNMS 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 2014 field season or 60 days prior 

to the start of the next field season if a 


tkelley on DSK3SPTVN1PROD with NOTICES
3564 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 

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 Director of the NMFS Office of 

Protected Resources and to the NMFS 

Southwest Office Regional 

Administrator within 30 days after 

receiving comments from NMFS on the 

draft final report. If no comments are 

received from NMFS, the draft final 

report will be considered to be the final 

report. 

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]. 

All anticipated takes would be by 

Level B harassment, involving 

temporary changes in behavior. The 

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. Animals hauled out 

close to the actual survey sites may be 

disturbed by the presence of biologists 

and may alter their behavior or attempt 

to move away from the researchers. No 

motorized equipment is involved in 

conducting the abalone monitoring 

surveys. 

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. The distribution of pinnipeds 

hauled out on beaches is not consistent 

throughout the year. The number of 

marine mammals disturbed will vary by 

month and location. PRBO (now Point 

Blue) obtains weekly counts of 

pinnipeds on the South Farallon 

Islands, dating back to the early 1970s. 

GFNMS used data collected by PRBO in 

February 2012 and 2013 to estimate the 

number of pinnipeds that may 

potentially be taken by Level B 

(behavioral) harassment. Table 3 in 

GFNMS’ IHA application and Table 1 

here present the maximum numbers of 

California sea lions, harbor seals, 

northern elephant seals, northern fur 

seals, and Steller sea lions that may be 

present at the various sampling sites 

during the activity timeframe under this 

IHA. Based on this information, NMFS 

has authorized the take, by Level B 

harassment only, of 7,126 California sea 

lions, 119 harbor seals, 66 northern 

elephant seals, 124 northern fur seals, 

and 112 Steller sea lions. These 

numbers are considered to be maximum 

take estimates; therefore, actual take 

may be slightly less if animals decide to 

haul out at a different location for the 

day or animals are out foraging at the 

time of the survey activities. 

Negligible Impact and Small Numbers 

Analysis and Determinations 

NMFS typically includes our 

negligible impact and small numbers 

analyses and determinations under the 

same section heading of our Federal 

Register notices. Despite co-locating 

these terms, we acknowledge that 

negligible impact and small numbers are 

distinct standards under the MMPA and 

treat them as such. The analyses 

presented below do not conflate the two 

standards; instead, each standard has 

been considered independently, and we 

have applied the relevant factors to 

inform our negligible impact and small 

numbers determinations. 

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. 

No injuries or mortalities are 

anticipated to occur as a result of 

GFNMS’ rocky intertidal monitoring 

work and searching for black abalone, 

and none are authorized. The behavioral 

harassments that could occur would be 

of limited duration, as researchers will 

only conduct sampling over a period of 

8 days. Additionally, each site is 

sampled for approximately 4–5 hours 

before moving to the next sampling site. 

Therefore, disturbance will be limited to 

a short duration, allowing pinnipeds to 

reoccupy the sites within a short 

amount of time. 

Some of the pinniped species use the 

islands to conduct pupping and/or 

breeding. However, with the exception 

of northern elephant seals, GFNMS will 

conduct its abalone site sampling 

outside of the pupping/breeding 

seasons. GFNMS will implement 

measures to minimize impacts to 

northern elephant seals nursing or 

tending to dependent pups. Such 

measures will avoid mother/pup 

separation or trampling of pups. 

None of the five marine mammal 

species anticipated to occur in the 

activity area are listed as threatened or 

endangered under the ESA. Table 2 in 

this document presents the abundance 

of each species or stock, the authorized 

take estimates, and the percentage of the 

affected populations or stocks that may 

be taken by harassment. Based on these 

estimates, GFNMS would take less than 

1% of each species or stock, with the 

exception of the California sea lion, 

which would result in an estimated take 

of 2.4% of the stock. Because these are 

maximum estimates, actual take 

numbers are likely to be lower, as some 

animals may select other haulout sites 

the day the researchers are present. 

BILLING CODE 3510–22–P 


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Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 3565 

BILLING CODE 3510–22–C 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

mitigation and monitoring measures, 

NMFS finds that the rocky intertidal 

monitoring program will result in the 

incidental take of small numbers of 

marine mammals, by Level B 

harassment only, and that the total 

taking from the rocky intertidal 

monitoring program will have a 

negligible impact on the affected species 

or stocks. 

TABLE 2—POPULATION ABUNDANCE ESTIMATES, TOTAL PROPOSED LEVEL B TAKE, AND PERCENTAGE OF POPULATION

THAT MAY BE TAKEN FOR THE POTENTIALLY AFFECTED SPECIES DURING THE PROPOSED ROCKY INTERTIDAL MONITORING PROGRAM

Species Abundance * Total proposed 

Level B take 

Percentage of 

stock or 

population 

Harbor Seal .......................................................................................................... 30,196 ....................... 119 0.4 

California Sea Lion .............................................................................................. 296,750 ..................... 7,126 2.4 

Northern Elephant Seal ....................................................................................... 124,000 ..................... 66 0.05 

Steller Sea Lion ................................................................................................... 63,160 to 78,198 ....... 112 0.1–0.2 

Northern Fur Seal ................................................................................................ 12,844 ....................... * 124 0.01 

* Abundance estimates are taken from the 2013 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2014) and 2013 Alaska Marine Mammal Stock Assessments (Allen and Anglis, 2014). 


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3566 Federal Register / Vol. 80, No. 15 / Friday, January 23, 2015 / Notices 

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. Therefore, NMFS has 

determined that the total taking of 

affected species or stocks would not 

have an unmitigable adverse impact on 

the availability of such species or stocks 

for taking for subsistence purposes. 

Endangered Species Act (ESA) 

None of the marine mammals for 

which incidental take is proposed are 

listed as threatened or endangered 

under the ESA. Therefore, NMFS has 

determined that issuance of the IHA to 

GFNMS under section 101(a)(5)(D) of 

the MMPA will have no effect on 

species listed as threatened or 

endangered under the ESA. 

National Environmental Policy Act 

(NEPA) 

In 2012, we prepared an EA analyzing 

the potential effects to the human 

environment from conducting rocky 

intertidal surveys along the California 

and Oregon coasts and issued a FONSI 

on the issuance of an IHA for GFNMS’ 

rocky intertidal surveys in accordance 

with section 6.01 of the NOAA 

Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999). GFNMS’ proposed activities and 

impacts for 2015 are within the scope of 

our 2012 EA and FONSI. We have 

reviewed the 2012 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, 

reaffirm the 2012 FONSI. 

Authorization 

As a result of these determinations, 

NMFS has authorized the take of marine 

mammals incidental to GFNMS’ rocky 

intertidal and black abalone monitoring 

research activities, provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: January 15, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–01154 Filed 1–22–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD660 

Takes of Marine Mammals Incidental to 

Specified Activities; Seabird Research 

Activities in Central California, 2015– 

2016; Correction 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; correction. 

SUMMARY: NMFS published a notice in 

the Federal Register on December 23, 

2014, concerning an application from 

Point Blue Conservation Science (Point 

Blue) requesting an Incidental 

Harassment Authorization 

(Authorization) to take marine 

mammals, by harassment, incidental to 

conducting proposed seabird research 

activities on Southeast Farallon Island, 

An ̃ o Nuevo Island, and Point Reyes 

National Seashore in central California 

from January 2015 through January 

2016. The December 23, 2014 notice did 

not contain an ending date for the 

public comment period. This notice 

correctly identifies the end of the public 

comment period as January 23, 2015. 

DATES: Comments must be received by 

January 23, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of December 

23, 2014, FR Doc. 2014–29991, on page 

76975, in the second column, the DATES

section was omitted and this correction 

has added it to inform the public of the 

comment end date. 

Dated: January 12, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–01136 Filed 1–22–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

[Docket No. PTO–C–2014–0074] 

National Medal of Technology and 

Innovation Call for 2015 Nominations 

AGENCY: United States Patent and 

Trademark Office. 

ACTION: Notice and request for 

nominations. 

SUMMARY: The Department of Commerce 

(United States Patent and Trademark 

Office) is accepting nominations for the 

National Medal of Technology and 

Innovation (NMTI). Since establishment 

by Congress in the Stevenson-Wydler 

Technology Innovation Act of 1980, the 

President of the United States has 

awarded the annual National Medal of 

Technology and Innovation (initially 

known as the National Medal of 

Technology) to our nation’s leading 

innovators. If you know of a candidate 

who has made an outstanding 

contribution to the country’s economic, 

environmental, or social well-being 

through the promotion of technology, 

technological innovation, or the 

development of technological 

manpower, you may obtain a 

nomination form from: http://

www.uspto.gov/about/nmti/index.jsp. 

ADDRESSES: The NMTI nomination form 

for the year 2015 may be obtained by 

visiting the USPTO Web site at http:// 

www.uspto.gov/about/nmti/index.jsp. 

Nomination applications should be 

submitted to John Palafoutas, Program 

Manager, National Medal of Technology 

and Innovation Program, by electronic 

mail to NMTI@uspto.gov or by postal 

mail to: John Palafoutas, NMTI Program 

Manager, United States Patent and 

Trademark Office, P.O. Box 1450, 

Alexandria, Virginia 22313–1450. 

DATES: The deadline for submission of 

a nomination is June 1, 2015. 

FOR FURTHER INFORMATION CONTACT: John 

Palafoutas, Program Manager, National 

Medal of Technology and Innovation 

Program, United States Patent and 

Trademark Office, 600 Dulany Street, 

Alexandria, VA 22314; by telephone: 

(571) 272–9821 or by electronic mail: 

nmti@uspto.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

As provided by Congress in the 

Stevenson-Wydler Technology 

Innovation Act of 1980, the National 

Medal of Technology was first awarded 

in 1985. On August 9, 2007, the 

President signed the America 

COMPETES (Creating Opportunities to 

Meaningfully Promote Excellence in 

Technology, Education, and Science) 

Act of 2007. The Act amended Section 

16 of the Stevenson-Wydler Technology 

Innovation Act of 1980, changing the 

name of the Medal to the ‘‘National 

Medal of Technology and Innovation.’’ 

The NMTI is the highest honor awarded 

by the President of the United States to 

America’s leading innovators in the 


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