10066 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 

removal of 35 existing concrete piles 

and installation of a total of 61 steel 

piles ranging from 18 inches to 30 

inches in diameter and 24 plastic piles 

of 18-inch diameter. The duration for 

pile removal is expected to be fewer 

than three days and the duration for pile 

driving is expected to be fewer than 10 

days, for a total of 13 days of activity. 

The duration for removing each pile 

would be about 30 minutes, and the 

duration for driving each pile would be 

about 10 to 30 minutes for impact steel 

pile driving and about 10 to 20 minutes 

for plastic vibratory pile driving. These 

low-intensity, localized, and short-term 

noise exposures may cause brief startle 

reactions or short-term behavioral 

modification by the animals. These 

reactions and behavioral changes are 

expected to subside quickly when the 

exposures cease. Moreover, the 

proposed mitigation and monitoring 

measures are expected to reduce 

potential exposures and behavioral 

modifications even further. 

Additionally, no important feeding and/ 

or reproductive areas for marine 

mammals are known to be near the 

proposed action area. Therefore, the 

take resulting from the proposed Central 

Bay Operations and Maintenance 

Project is not reasonably expected to, 

and is not reasonably likely to, 

adversely affect the marine mammal 

species or stocks through effects on 

annual rates of recruitment or survival. 

The Project also is not expected to 

have significant adverse effects on 

affected marine mammals’ habitat, as 

analyzed in detail in the ‘‘Anticipated 

Effects on Marine Mammal Habitat’’ 

section in the Federal Register notice 

(79 FR 55479; September 17, 2014). The 

project activities would not modify 

existing marine mammal habitat. The 

activities may cause some fish to leave 

the area of disturbance, thus temporarily 

impacting marine mammals’ foraging 

opportunities in a limited portion of the 

foraging range, but because of the short 

duration of the activities and the 

relatively small area of the habitat that 

may be affected, the impacts to marine 

mammal habitat are not expected to 

cause significant or long-term negative 

consequences. 

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 

proposed monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from WETA’s 

Central Bay Operations and 

Maintenance Facility Project will have a 

negligible impact on the affected marine 

mammal species or stocks. 

Small Number 

Based on analyses provided above, it 

is estimated that approximately 260 

California sea lions and 260 Pacific 

harbor seals could be exposed to 

received noise levels that could cause 

Level B behavioral harassment from the 

proposed construction work at the 

WETA Central Bay Operations and 

Maintenance Facility in Alameda, CA. 

These numbers represent approximately 

0.06% and 0.86% of the stocks and 

populations of these species that could 

be affected by Level B behavioral 

harassment, respectively (see Table 4 

above), which are small percentages 

relative to the total populations of the 

affected species or stocks. 

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, 

which are expected to reduce the 

number of marine mammals potentially 

affected by the proposed action, NMFS 

finds that small numbers of marine 

mammals will be taken relative to the 

populations of the affected species or 

stocks. 

Impact on Availability of Affected 

Species for Taking for Subsistence Uses 

There are no subsistence uses of 

marine mammals in the proposed 

project area, and thus no subsistence 

uses impacted 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) 

No species listed under the ESA are 

expected to be affected by these 

activities. Therefore, NMFS has 

determined that a section 7 consultation 

under the ESA is not required. 

National Environmental Policy Act 

(NEPA) 

NMFS prepared an Environmental 

Assessment (EA) and analyzed the 

potential impacts to marine mammals 

that would result from WETA’s Central 

Bay Operations and Maintenance 

Facility project in Alameda, California. 

Therefore, A Finding of No Significant 

Impact (FONSI) was issued for this 

action. A copy of the EA and FONSI is 

available upon request. 

Authorization 

NMFS has issued an IHA to USCG for 

the potential harassment of small 

numbers of marine mammal species 

incidental to its waterfront repair 

project at Station Monterey in 

California, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

Dated: February 19, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–03850 Filed 2–24–15; 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 

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, we hereby give 

notification that the National Marine 

Fisheries Service has issued an 

Incidental Harassment Authorization 

(IHA) to Point Blue Conservation 

Science (Point Blue), to take marine 

mammals, by Level B harassment, 

incidental to conducting seabird and 

pinniped research activities in central 

California, January 2015 through 

January 2016. 

DATES: Effective January 31, 2015, 

through January 30, 2016. 

ADDRESSES: The public may obtain an 

electronic copy of the Point Blue’s 

application, supporting documentation, 

the authorization, and a list of the 

references cited in this document by 

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

permits/incidental/research.htm. In the 

case of problems accessing these 

documents, please call the contact listed 

here (see FOR FURTHER INFORMATION

CONTACT). 

The Environmental Assessment and 

associated Finding of No Significant 

Impact, prepared pursuant to the 

National Environmental Policy Act of 

1969, are also available at the same site. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, Office of Protected 

Resources, NMFS (301) 427–8401. 

SUPPLEMENTARY INFORMATION: Section 

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

Protection Act (MMPA; 16 U.S.C. 1361 


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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10067 

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: (1) We make 

certain findings; (2) the taking is limited 

to harassment; and (3) we provide a 

notice of a proposed authorization to the 

public for review. 

We shall grant an 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). Also, 

the authorization must set forth the 

permissible methods of taking and 

requirements pertaining to the 

monitoring and reporting of such 

takings. 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.’’ 

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 

We received an application on July 

30, 2014, from Point Blue requesting the 

taking by harassment of small numbers 

of marine mammals incidental to 

conducting seabird and pinniped 

research activities on Southeast Farallon 

Island, An ̃ o Nuevo Island, Point Reyes 

National Seashore, San Francisco Bay, 

and the Russian River in central 

California. We determined the 

application complete and adequate on 

December 7, 2014. 

Point Blue, along with partners 

Oikonos Ecosystem Knowledge, Point 

Reyes National Seashore with the 

National Park Service, and the Gulf of 

the Farallones National Marine 

Sanctuary would conduct this research 

under cooperative agreements with the 

U.S. Fish and Wildlife Service in 

consultation with the Gulf of the 

Farallones National Marine Sanctuary. 

The proposed research activities 

would occur for one year, January 31, 

2015, through January 30, 2016, and 

would involve annual monitoring and 

censusing of seabird colonies; seabird 

nesting habitat observations; nesting 

burrows restoration; breeding elephant 

seals observations; and the periodic 

resupply of a field station. 

These proposed activities would 

occur in the vicinity of pinniped haul 

out sites and could likely result in the 

incidental take of marine mammals. We 

anticipate take, by Level B Harassment 

only, of individuals of either California 

sea lions (Zalophus californianus), 

Pacific harbor seals (Phoca vitulina), 

northern elephant seals (Mirounga 

angustirostris), or Steller sea lions 

(Eumetopias jubatus) to result from the 

specified activity. 

This is the organization’s sixth 

request for an Authorization. To date, 

we have issued an Incidental 

Harassment Authorization 

(Authorization) to Point Blue (formerly 

known as PRBO Conservation Science) 

for the conduct of similar activities from 

2007 to 2013 (72 FR 71121, December 

14, 2007; 73 FR 77011, December 18, 

2008; 75 FR 8677, February 19, 2010; 77 

FR 73989, December 7, 2012, 78 FR 

66686, November 6, 2013). 

Description of the Specified Activity 

Overview 

Point Blue proposes to monitor and 

census seabird colonies; observe seabird 

nesting habitat; restore nesting burrows; 

observe breeding elephant and harbor 

seals; and resupply a field station 

annually in central California (i.e., 

Southeast Farallon Island, West End 

Island, An ̃ o Nuevo Island, Point Reyes 

National Seashore, San Francisco Bay, 

and the Russian River in Sonoma 

County). 

The purpose of the seabird research is 

to continue a 30-year monitoring 

program of the region’s seabird 

populations. Point Blue’s long-term 

pinniped research program monitors 

pinniped colonies to understand 

elephant and harbor seal population 

dynamics and to contribute to the 

conservation of both species. 

Dates and Duration 

The Authorization would be effective 

from January 31, 2015 through January 

30, 2016. Following is a brief summary 

of the dates and duration of the 

activities. 

Seabird Research on Southeast 

Farallon Island: Daily observations of 

seabird colonies would occur at a 

maximum frequency of three 15-minute 

visits. Daily observations of breeding 

common murre (Uria aalge) colonies 

would occur at a maximum frequency of 

a single five-hour visit. These activities 

usually involve one or two observers 

conducting daily censuses of seabirds or 

conducting mark/recapture studies of 

breeding seabirds on the island. 

Field Station Resupply on Southeast 

Farallon Island: Resupply of the field 

station would occur once every two 

weeks at a maximum frequency of 26 

visits annually. Resupply activities 

involve personnel approaching either 

the North Landing or East Landing by 

motorboat to offload supplies. 

Pinniped Research in Central 

California: Surveys of breeding northern 

elephant seals on Southeast Farallon 

and An ̃o Nuevo Islands, the coastline of 

Point Reyes Peninsula, San Francisco 

Bay, and the Russian River, would occur 

in early December and late February, 

annually. At least three researchers 

would visit the sites at a maximum 

frequency of five times per year. 

Seabird Research and Field Supply on 

An ̃ o Nuevo Island: Researchers would 

monitor seabird burrow nesting habitat 

quality, conduct habitat restoration, and 

resupply the field station from April 

through August at a maximum 

frequency of 20 visits annually. 

Occasionally, researchers would also 

conduct intermittent visits to the island 

throughout the year. These activities 

involve two to three researchers 

accessing the island by motorboat. 

Seabird Research on Point Reyes 

National Seashore: The National Park 

Service in collaboration with Point Blue 

monitors seabird breeding and roosting 

colonies; conducts habitat restoration; 

removes non-native plants; monitors 

intertidal areas; and maintains coastal 

dune habitat. Seabird monitoring 

usually involves one or two observers 

conducting the survey by small boats 

along the shoreline. Researchers would 

visit the site at a maximum frequency of 

20 times per year. 

Specified Geographic Region 

Point Blue will conduct their research 

activities within the vicinity of 

pinniped haul out sites in the following 

locations: 

South Farallones Islands: The South 

Farallon Islands consist of Southeast 

Farallon Island located at 37°41′54.32′′ 

N; 123° 0′8.33′′ W and West End Island. 

The South Farallon Islands have a land 

area of approximately 120 acres (0.49 

square kilometers (km)) and are part of 

the Farallon National Wildlife Refuge. 

The islands are located near the edge of 

the continental shelf 28 miles (mi) (45.1 

km) west of San Francisco, CA, and lie 


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10068 Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 

within the waters of the Gulf of the 

Farallones National Marine Sanctuary. 

An ̃ o Nuevo Island: An ̃ o Nuevo Island 

located at 37° 6′29.25′′ N; 122°20′12.20′′ 

W is one-quarter mile (402 meters (m)) 

offshore of An ̃ o Nuevo Point in San 

Mateo County, CA. The island lies 

within the Monterey Bay National 

Marine Sanctuary and the An ̃ o Nuevo 

State Marine Conservation Area. 

Point Reyes National Seashore: Point 

Reyes National Seashore is 

approximately 40 miles (64.3 km) north 

of San Francisco Bay and also lies 

within the Gulf of the Farallones 

National Marine Sanctuary. 

San Francisco Bay: The main part of 

San Francisco Bay measures 

approximately 3 to 12 miles (5 to 20 km) 

wide east-to-west and between 48 miles 

(77 km) and 60 miles (97 km) north-tosouth. 

Russian River: The Russian River 

coastline stretches for approximately 55 

miles just south of San Francisco. 

Starting at Lake Mendocino, the Russian 

River flows south through valleys in 

Mendocino and Sonoma County, and 

empties into the Pacific Ocean at Jenner, 

California. 

Detailed Description of Activities 

We outlined the purpose of Point 

Blue’s activities in a previous notice for 

the proposed authorization (79 FR 

76975, December 23, 2014). The 

proposed activities have not changed 

between the proposed authorization 

notice and this final notice announcing 

the issuance of the Authorization. For a 

more detailed description of the 

authorized action, we refer the reader to 

the notice for the proposed 

authorization (79 FR 76975, December 

23, 2014). 

Comments and Responses 

We published a notice of receipt of 

Point Blue’s application and proposed 

Authorization in the Federal Register 

on December 23, 2014 (79 FR 76975). 

During the 30-day comment period, we 

received one comment from the Marine 

Mammal Commission (Commission) 

which recommended that we issue the 

requested Authorization, provided that 

Point Blue carries out the required 

monitoring and mitigation measures as 

described in the notice of the proposed 

authorization (79 FR 76975, December 

23, 2014) and the application. We have 

included all measures proposed in the 

notice of the proposed authorization (79 

FR 76975, December 23, 2014) in the 

Authorization. 

Description of the Marine Mammals in 

the Area of the Proposed Specified 

Activity 

The marine mammals most likely to 

be harassed incidental to conducting 

seabird and pinniped research at the 

proposed research areas are primarily 

California sea lions, northern elephant 

seals, Pacific harbor seals, and to a 

lesser extent the eastern distinct 

population segment (DPS) of the Steller 

sea lion, which NMFS has removed 

from the list of threatened species under 

the U.S. Endangered Species Act of 

1973 (ESA; 16 U.S.C. 1531 et seq.), 

effective November 2013. The ESA does 

not categorize California sea lions, 

northern elephant seals, Pacific harbor 

seals as threatened or endangered and 

the MMPA categorizes these species as 

not depleted. On the other hand, despite 

the delisting of Steller sea lions as 

endangered under the ESA, NMFS still 

categorizes the species as a strategic 

stock and depleted species under the 

MMPA. The agency will consider 

designating the eastern stock of Steller 

sea lions as non-strategic and not 

depleted under the MMPA following 

review by the Alaska Scientific Review 

Group in 2014. 

We refer the public to Carretta et al., 

(2014) for general information on these 

species which we presented in the 

notice of the proposed authorization (79 

FR 76975, December 23, 2014). The 

publication is available at: http://

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

po2012.pdf. 

Other Marine Mammals in the Proposed 

Action Area 

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 1.24 miles (2 km) of the 

shoreline. Point Blue has not 

encountered California sea otters during 

the course of their seabird or pinniped 

research activities over the past five 

years. This species is managed by the 

U.S. Fish and Wildlife Service and we 

do not consider it further in this notice 

of issuance of an Authorization. 

Potential Effects on Marine Mammals 

Acoustic and visual stimuli generated 

by: (1) Noise generated by motorboat 

approaches and departures; (2) noise 

generated during restoration activities 

and loading operations while 

resupplying the field station; and (3) 

human presence during seabird and 

pinniped research activities, have the 

potential to cause California sea lions, 

Pacific harbor seals, northern elephant 

seals, and Steller sea lions hauled out in 

areas within Southeast Farallon Island, 

West End Island, An ̃ o Nuevo Island, 

Point Reyes National Seashore, San 

Francisco Bay, and the Russian River to 

flush into the surrounding water or to 

cause a short-term behavioral 

disturbance for marine mammals. 

We expect that acoustic and visual 

stimuli resulting from the proposed 

motorboat operations and human 

presence has the potential to harass 

marine mammals. We also expect that 

these disturbances would be temporary 

and result, at worst, in a temporary 

modification in behavior and/or lowlevel physiological effects (Level B 

harassment) of certain species of marine 

mammals. 

We included a summary and 

discussion of the ways that the types of 

stressors associated with Point Blue’s 

specified activities (i.e., visual and 

acoustic disturbance) have the potential 

to impact marine mammals in a 

previous notice for the proposed 

authorization (79 FR 76975, December 

23, 2014). 

Vessel Strike: The potential for 

striking marine mammals is a concern 

with vessel traffic. However, it is highly 

unlikely that the use of small, slowmoving boats to access the research 

areas would result in injury, serious 

injury, or mortality to any marine 

mammal. Typically, the reasons for 

vessel strikes are fast transit speeds, lack 

of maneuverability, or not seeing the 

animal because the boat is so large. 

Point Blue’s researchers will access 

areas at slow transit speeds in easily 

maneuverable boats negating any 

chance of an accidental strike. 

Rookeries: No research activities 

would occur on pinniped rookeries and 

breeding animals are concentrated in 

areas where researchers would not visit. 

Therefore, we do not expect mother and 

pup separation or crushing of pups 

during flushing. 

The potential effects to marine 

mammals described in the notice for the 

proposed authorization (79 FR 76975, 

December 23, 2014) did not take into 

consideration the proposed monitoring 

and mitigation measures described later 

in this document (see the ‘‘Proposed 

Mitigation’’ and ‘‘Proposed Monitoring 

and Reporting’’ sections). 

Anticipated Effects on Habitat 

We considered these impacts in detail 

in the notice for the proposed 

authorization (79 FR 76975, December 

23, 2014). Briefly, we do not anticipate 

that the proposed research activities 

would result in any significant or longterm effects on the habitats used by the 

marine mammals in the proposed area, 


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Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10069 

including the food sources they use (i.e., 

fish and invertebrates). While we 

anticipate that the specified activity 

could potentially result in marine 

mammals avoiding certain areas due to 

temporary ensonification and human 

presence, this impact to habitat is 

temporary and reversible. We do not 

consider behavioral modification to 

cause significant or long-term 

consequences for individual marine 

mammals or their populations. 

Mitigation 

In order to issue an incidental take 

authorization under section 101(a)(5)(D) 

of the Marine Mammal Protection Act, 

we 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. 

Point Blue has based the mitigation 

measures which they will implement 

during the proposed research, on the 

following: (1) Protocols used during 

previous Point Blue seabird research 

activities as required by our previous 

authorizations for these activities; and 

(2) recommended best practices in 

Richardson et al. (1995). 

To reduce the potential for 

disturbance from acoustic and visual 

stimuli associated with the activities 

Point Blue and/or its designees has 

proposed to implement the following 

mitigation measures for marine 

mammals: 

(1) Postpone beach landings on An ̃ o 

Nuevo Island until pinnipeds that may 

be present on the beach have slowly 

entered the water. 

(2) Select a pathway of approach to 

research sites that minimizes the 

number of marine mammals harassed. 

(3) Avoid visits to sites used by 

pinnipeds for pupping. 

(4) Monitor for offshore predators and 

do not approach hauled out pinnipeds 

if great white sharks (Carcharodon 

carcharias) or killer whales (Orcinas 

orca) are present. If Point Blue and/or 

its designees see predators in the area, 

they must not disturb the animals until 

the area is free of predators. 

(5) Keep voices hushed and bodies 

low to the ground in the visual presence 

of pinnipeds. 

(6) Conduct seabird observations at 

North Landing on Southeast Farallon 

Island in an observation blind, shielded 

from the view of hauled out pinnipeds. 

(7) Crawl slowly to access seabird nest 

boxes on An ̃ o Nuevo Island if pinnipeds 

are within view. 

(8) Coordinate research visits to 

intertidal areas of Southeast Farallon 

Island (to reduce potential take) and 

coordinate research goals for An ̃ o Nuevo 

Island to minimize the number of trips 

to the island. 

(9) Coordinate monitoring schedules 

on An ̃ o Nuevo Island, so that areas near 

any pinnipeds would be accessed only 

once per visit. 

(10) Have the lead biologist serve as 

an observer to evaluate incidental take. 

Mitigation Conclusions 

NMFS has carefully evaluated the 

applicant’s proposed mitigation 

measures and have considered a range 

of other measures in the context of 

ensuring that we have prescribed the 

means of effecting the least practicable 

adverse impact on the affected marine 

mammal species and stocks and their 

habitat. NMFS’ evaluation of potential 

measures included consideration of the 

following factors in relation to one 

another: 

(1) The manner in which, and the 

degree to which, we expect that the 

successful implementation of the 

measure would minimize adverse 

impacts to marine mammals; 

(2) The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

(3) The practicability of the measure 

for applicant implementation. 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed below: 

1. Avoidance or minimization of 

injury or death of marine mammals 

wherever possible (goals 2, 3, and 4 may 

contribute to this goal). 

2. A reduction in the numbers of 

marine mammals (total number or 

number at biologically important time 

or location) exposed to activities 

expected to result in the take of marine 

mammals (this goal may contribute to 1, 

above, or to reducing harassment takes 

only). 

3. A reduction in the number of times 

(total number or number at biologically 

important time or location) individuals 

would be exposed to activities expected 

to result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing harassment takes only). 

4. A reduction in the intensity of 

exposures (either total number or 

number at biologically important time 

or location) to activities expected to 

result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing the severity of harassment 

takes only). 

5. Avoidance or minimization of 

adverse effects to marine mammal 

habitat, paying special attention to the 

food base, activities that block or limit 

passage to or from biologically 

important areas, permanent destruction 

of habitat, or temporary destruction/

disturbance of habitat during a 

biologically important time. 

6. For monitoring directly related to 

mitigation—an increase in the 

probability of detecting marine 

mammals, thus allowing for more 

effective implementation of the 

mitigation. 

Based on our evaluation of Point 

Blue’s proposed measures, we have 

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. 

Proposed Monitoring 

In order to issue an incidental take 

authorization for an activity, section 

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

Protection Act states that we must set 

forth ‘‘requirements pertaining to the 

monitoring and reporting of such 

taking.’’ The Act’s implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for an incidental 

take authorization must include the 

suggested means of accomplishing the 

necessary monitoring and reporting that 

will result in increased knowledge of 

the species and our expectations of the 

level of taking or impacts on 

populations of marine mammals present 

in the action area. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

1. An increase in the probability of 

detecting marine mammals, both within 

the mitigation zone (thus allowing for 

more effective implementation of the 

mitigation) and in general to generate 

more data to contribute to the analyses 

mentioned later; 

2. An increase in our understanding 

of how many marine mammals are 

likely to be exposed to levels of 

potential stressor(s) associated with the 

action (e.g., sound or visual stimuli) that 

we associate with specific adverse 

effects, such as behavioral harassment, 

TTS, or PTS; 

3. An increase in our understanding 

of how marine mammals respond to 

stimuli expected to result in take and 

how anticipated adverse effects on 


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individuals (in different ways and to 

varying degrees) may impact the 

population, species, or stock 

(specifically through effects on annual 

rates of recruitment or survival) through 

any of the following methods: 

• Behavioral observations in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

• Physiological measurements in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

• Distribution and/or abundance 

comparisons in times or areas with 

concentrated stimuli versus times or 

areas without stimuli; 

4. An increased knowledge of the 

affected species; and 

5. An increase in our understanding 

of the effectiveness of certain mitigation 

and monitoring measures. 

As part of its 2015–2016 application, 

Point Blue proposes to sponsor marine 

mammal monitoring during the present 

project, in order to implement the 

mitigation measures that require realtime monitoring, and to satisfy the 

monitoring requirements of the 

incidental harassment authorization. 

The Point Blue researchers will monitor 

the area for pinnipeds during all 

research activities. Monitoring activities 

will consist of conducting and recording 

observations on pinnipeds within the 

vicinity of the proposed research areas. 

The monitoring notes would provide 

dates, location, species, the researcher’s 

activity, behavioral state, numbers of 

animals that were alert or moved greater 

than one meter, and numbers of 

pinnipeds that flushed into the water. 

Point Blue has complied with the 

monitoring requirements under the 

previous authorizations for the 2007 

through 2014 seasons. The results from 

previous Point Blue’s monitoring 

reports support our findings that the 

proposed mitigation measures, which 

we also required under the 2007–2014 

Authorizations provide the means of 

effecting the least practicable adverse 

impact on the species or stock. 

Point Blue will submit a monitoring 

report on the January 31, 2014 through 

January 30, 2015 research period by 

April 2015. Upon receipt and review, 

we will post this annual report on our 

Web site at http://www.nmfs.noaa.gov/

pr/permits/incidental/research.htm. 

Proposed Reporting 

Point Blue must submit a draft final 

report to NMFS’ Office of Protected 

Resources within 60 days after the 

conclusion of the 2016 field season. The 

report will include a summary of the 

information gathered pursuant to the 

monitoring requirements set forth in the 

Authorization. 

Point Blue will submit a final report 

to the Chief, Permits and Conservation 

Division, Office of Protected Resources, 

within 30 days after receiving comments 

from NMFS on the draft final report. If 

Point Blue does not receive any 

comments from NMFS on the draft 

report, NMFS and Point Blue will 

consider the draft final report to be the 

final report. 

Estimated Take by Incidental 

Harassment 

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]. 

NMFS proposes to authorize take by 

Level B harassment only for the 

proposed seabird research activities on 

Southeast Farallon Island, An ̃ o Nuevo 

Island, and Point Reyes National 

Seashore. Acoustic (i.e., increased 

sound) and visual stimuli generated 

during these proposed activities may 

have the potential to cause marine 

mammals in the harbor area to 

experience temporary, short-term 

changes in behavior. 

Based on Point Blue’s previous 

research experiences, with the same 

activities conducted in the proposed 

research area, and on marine mammal 

research activities in these areas, we 

estimate that approximately 9,871 

California sea lions, 343 harbor seals, 

196 northern elephant seals, and 106 

Steller sea lions could be affected by 

Level B behavioral harassment over the 

course of the effective period of the 

proposed Authorization. 

The authorized take differs from Point 

Blue’s original request for California sea 

lions (10,092), northern elephant seals 

(261), harbor seals (526) and Steller sea 

lions (185). NMFS bases these new 

estimates on historical data from 

previous monitoring reports and 

anecdotal data for the same activities 

conducted in the proposed research 

area. In brief, for each species, we 

created a statistical model to derive an 

estimate of the average annual increase 

of reported take based on a best fit 

regression analysis (i.e., linear or 

polynomial regression) of reported take 

from 2007 to 2013. Next, we added the 

predicted annual increase in take to a 

baseline of take reported for 2013–2014 

season to project the estimated take for 

each species for the 2015–2016 

Authorization. We carried through the 

same predicted annual increase in take 

for future Authorizations (2014–2017) to 

obtain a mean projected take for each 

species. Last, we analyzed the reported 

take for each activity by calculating the 

upper bound of the 99 percent 

confidence interval of the mean 

reported take (2007–2013) and mean 

projected take (2014–2017) for each 

species. Our use of the upper 

confidence interval represents the best 

available information that supports our 

precautionary deliberation of how much 

take could occur annually. 

There is no evidence that Point Blue’s 

planned activities could result in injury, 

serious injury or mortality within the 

action area. Moreover, the required 

mitigation and monitoring measures 

will minimize further any potential risk 

for injury, serious injury, or mortality. 

Thus, we do not authorize any injury, 

serious injury or mortality. We expect 

all potential takes to fall under the 

category of Level B harassment only. 

Encouraging and Coordinating 

Research 

Point Blue will continue to coordinate 

monitoring of pinnipeds during the 

research activities occurring on 

Southeast Farallon Island, An ̃ o Nuevo 

Island, and Point Reyes National 

Seashore. Point Blue conducts bone fide 

research on marine mammals, the 

results of which may contribute to the 

basic knowledge of marine mammal 

biology or ecology, or are likely to 

identify, evaluate, or resolve 

conservation problems. 

Negligible impact is ‘‘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.’’ 

The lack of likely adverse effects on 

annual rates of recruitment or survival 

(i.e., population level effects) forms the 

basis of a negligible impact finding. 

In addition to considering estimates of 

the number of marine mammals that 

might be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

feeding, migration, etc.), as well as the 

number and nature of estimated Level A 


asabaliauskas on DSK5VPTVN1PROD with NOTICES
Federal Register / Vol. 80, No. 37 / Wednesday, February 25, 2015 / Notices 10071 

harassment takes, the number of 

estimated mortalities, effects on habitat, 

and the status of the species. 

In making a negligible impact 

determination, we consider: 

(1) The number of anticipated 

injuries, serious injuries, or mortalities; 

(2) The number, nature, and intensity, 

and duration of Level B harassment; 

(3) The context in which the takes 

occur (e.g., impacts to areas of 

significance, impacts to local 

populations, and cumulative impacts 

when taking into account successive/

contemporaneous actions when added 

to baseline data); 

(4) The status of stock or species of 

marine mammals (i.e., depleted, not 

depleted, decreasing, increasing, stable, 

impact relative to the size of the 

population); 

(5) Impacts on habitat affecting rates 

of recruitment/survival; and 

(6) The effectiveness of monitoring 

and mitigation measures. 

For reasons stated previously in this 

document and based on the following 

factors, NMFS does not expect Point 

Blue’s specified activities to cause longterm behavioral disturbance, 

abandonment of the haulout area, 

injury, serious injury, or mortality: 

(1) The effects of the pinniped and 

seabird research activities would be 

limited to short-term startle responses 

and localized behavioral changes due to 

the short and sporadic duration of the 

research activities. Minor and brief 

responses, such as short-duration startle 

or alert reactions, are not likely to 

constitute disruption of behavioral 

patterns, such as migration, nursing, 

breeding, feeding, or sheltering. 

(2) The availability of alternate areas 

for pinnipeds to avoid the resultant 

acoustic and visual disturbances from 

the research operations. Results from 

previous monitoring reports also show 

that the pinnipeds returned to the 

various sites and did not permanently 

abandon haul-out sites after Point Blue 

conducted their pinniped and research 

activities. 

(3) There is no potential for largescale movements leading to injury, 

serious injury, or mortality because the 

researchers must delay ingress into the 

landing areas until after the pinnipeds 

present have slowly entered the water. 

(4) The limited access of Point Blue’s 

researchers to Southeast Farallon Island, 

An ̃ o Nuevo Island, and Point Reyes 

National Seashore during the pupping 

season. 

We do not anticipate that any injuries, 

serious injuries, or mortalities would 

occur as a result of Point Blue’s 

proposed activities, and we do not 

authorize injury, serious injury or 

mortality. These species may exhibit 

behavioral modifications, including 

temporarily vacating the area during the 

proposed seabird and pinniped research 

activities to avoid the resultant acoustic 

and visual disturbances. Further, these 

proposed activities would not take place 

in areas of significance for marine 

mammal feeding, resting, breeding, or 

calving and would not adversely impact 

marine mammal habitat. Due to the 

nature, degree, and context of the 

behavioral harassment anticipated, the 

activities are not expected to impact 

annual rates of recruitment or survival. 

NMFS does not expect pinnipeds to 

permanently abandon any area that is 

surveyed by researchers, as is evidenced 

by continued presence of pinnipeds at 

the sites during annual monitoring 

counts. 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 

proposed mitigation and monitoring 

measures, NMFS finds that the total 

marine mammal take from Point Blue’s 

seabird research activities will not 

adversely affect annual rates of 

recruitment or survival and therefore 

will have a negligible impact on the 

affected species or stocks. 

Small Numbers 

As mentioned previously, NMFS 

estimates that four species of marine 

mammals could be potentially affected 

by Level B harassment over the course 

of the proposed Authorization. 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. 

For each species, these numbers are 

small numbers (each, less than or equal 

to two percent) relative to the 

population size. These incidental 

harassment numbers represent 

approximately 3.33 percent of the U.S. 

stock of California sea lion, 1.74 percent 

of the California stock of Pacific harbor 

seal, 0.16 percent of the California 

breeding stock of northern elephant 

seal, and 0.17 percent of the eastern 

distinct population segment of Steller 

sea lion. 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

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

also requires us to determine that the 

taking will not have an unmitigable 

adverse effect on the availability of 

marine mammal species or stocks for 

subsistence use. There are no relevant 

subsistence uses of marine mammals 

implicated by this action. Thus, 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 

On October 23, 2013 NMFS 

announced the removal of the eastern 

distinct population segment of Steller 

sea lions from the list of threatened 

species under the ESA. No marine 

mammal species listed under the ESA 

are anticipated to occur in the action 

area. Therefore, NMFS has determined 

that a section 7 consultation under the 

ESA is not required. 

National Environmental Policy Act 

(NEPA) 

In 2014, we prepared an 

Environmental Assessment (EA) 

analyzing the potential effects to the 

human environment from NMFS’ 

issuance of a proposed Authorization to 

Point Blue for their seabird research 

activities. In January 2014, NMFS issued 

a Finding of No Significant Impact 

(FONSI) on the issuance of an 

Authorization for Point Blue’s research 

activities 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). Point Blue’s proposed 

activities and impacts for 2015–2016 are 

within the scope of the 2014 EA and 

FONSI. NMFS has reviewed the 2014 

EA and determined that there are no 

new direct, indirect, or cumulative 

impacts to the human and natural 

environment associated with the 

Authorization requiring evaluation in a 

supplemental EA and NMFS, therefore, 

reaffirms the 2014 FONSI. 

Authorization 

As a result of these determinations, 

we have issued an Authorization to 

Point Blue for the take of marine 

mammals incidental to proposed 

seabird and pinniped research activities, 

provided they incorporate the 

previously mentioned mitigation, 

monitoring, and reporting requirements. 

Dated: February 3, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–03849 Filed 2–24–15; 8:45 am] 

BILLING CODE 3510–22–P 


asabaliauskas on DSK5VPTVN1PROD with NOTICES