Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 21213 

‘‘take’’ means to harass, hunt, capture, 

or kill or to attempt to harass, hunt, 

capture, or kill any marine mammal. 

Authorization for incidental takings 

may 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 

certain subsistence uses, and that the 

permissible methods of taking and 

requirements pertaining to the 

mitigation, monitoring and reporting of 

such taking 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.’’ 

The National Defense Authorization 

Act of 2004 (NDAA) (Pub. L. 108–136) 

removed the ‘‘small numbers’’ and 

‘‘specified geographical region’’ 

limitations and amended the definition 

of ‘‘harassment’’ as it applies to a 

‘‘military readiness activity’’ to read as 

follows (Section 3(18)(B) of the MMPA): 

‘‘(i) Any act that injures or has the 

significant potential to injure a marine 

mammal or marine mammal stock in the 

wild [Level A Harassment]; or (ii) any 

act that disturbs or is likely to disturb 

a marine mammal or marine mammal 

stock in the wild by causing disruption 

of natural behavioral patterns, 

including, but not limited to, migration, 

surfacing, nursing, breeding, feeding, or 

sheltering, to a point where such 

behavioral patterns are abandoned or 

significantly altered [Level B 

Harassment].’’ Because the Marine 

Corps’ activities constitute military 

readiness activities, they are not subject 

to the small numbers or specified 

geographic region limitations. 

NMFS issued regulations governing 

the take of one species of marine 

mammal, by Level A and Level B 

harassment, incidental to training 

activities on March 13, 2015. These 

regulations include mitigation, 

monitoring, and reporting requirements 

for the incidental take of marine 

mammals during the specified activities. 

This LOA is effective from March 13, 

2015, through March 12, 2020, and 

authorizes the incidental take of 

bottlenose dolphins that may result 

from the training exercises occurring at 

the BT–9 and BT–11 bombing targets 

located within the Marine Corps’ Cherry 

Point Range Complex in Pamlico Sound, 

NC. 

The Marine Corps would conduct 

weapons delivery training exercises (airto-surface and surface-to-surface) at the 

two water-based bombing targets located 

within the Cherry Point Range Complex 

in North Carolina. The military 

readiness activities would occur 

between March 2015 and March 2020, 

year-round, day or night. The Marine 

Corps proposes to use small arms, large 

arms, bombs, rockets, grenades, and 

pyrotechnics for the air-to-surface and 

surface-to-surface training exercises, 

which qualify as military readiness 

activities. NMFS anticipates that take, 

by Level B (behavioral) and Level A 

harassment of individuals of Atlantic 

bottlenose dolphin (Tursiops truncatus) 

would result from the training exercises. 

The noise generated by the Marine 

Corps’ activities would result in the 

incidental harassment of bottlenose 

dolphins, both behaviorally and in 

terms of physiological (auditory) 

impacts. 

Take of marine mammals will be 

minimized through the implementation 

of the following mitigation and 

monitoring measures: 

• Required pre- and post-exercise 

monitoring of the training areas to 

detect the presence of marine mammals 

during training exercises. 

• Required monitoring of the training 

areas during active training exercises 

with required suspensions/delays of 

training activities if a marine mammal 

enters within any of the designated 

mitigation zones. 

• Required reporting of stranded or 

injured marine mammals in the vicinity 

of the BT–9 and BT–11 bombing targets 

located within the Marine Corps’ Cherry 

Point Range Complex in Pamlico Sound, 

North Carolina to the NMFS Marine 

Mammal Stranding Network. 

• Required research on a real-time 

acoustic monitoring system to automate 

detection of bottlenose dolphins in the 

training areas. 

Through this LOA, the Marine Corps 

is required to monitor for marine 

mammals and submit an annual report 

to NMFS by June 1, annually. The report 

will include data collected from the 

monitoring program. Additional 

information on the mitigation, 

monitoring, and reporting requirements 

can be found in the final rule (80 FR 

13264, March 13, 2015). The Marine 

Corps is also required to submit a 

comprehensive report, which shall 

provide full documentation of methods, 

results, and interpretation of all 

monitoring during the period of 

effectiveness of this LOA. 

This Authorization remains valid 

through March 12, 2020 provided the 

Marine Corps remains in conformance 

with the conditions of the regulations 

and the LOA, and the mitigation, 

monitoring, and reporting requirements 

described in 50 CFR 218.240 through 

218.249 and the LOA are implemented. 

Dated: April 13, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–08841 Filed 4–16–15; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD814 

Takes of Marine Mammals Incidental to 

Specified Activities; Land Survey 

Activities Within the Eastern Aleutian 

Islands Archipelago, Alaska, 2015 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from the Bureau of Land 

Management (BLM) to take marine 

mammals, by harassment incidental to 

conducting a one-day field-based land 

survey of cultural sites located on a 

small island within the eastern Aleutian 

Islands archipelago for a land claim 

made by an Alaska Regional Native 

Corporation under the Alaska Native 

Claims Settlement Act. The proposed 

date for this action would be on one day 

between the periods of June 1 through 

July 31, 2015. Per the Marine Mammal 

Protection Act, NMFS is requesting 

comments on the proposal to issue an 

Authorization to BLM to incidentally 

take, by Level B harassment only, one 

species of marine mammal during the 

specified activity. 

DATES: NMFS must receive comments 

and information on or before May 18, 

2015. 

ADDRESSES: Address comments on the 

application to Jolie Harrison, Division 

Chief, Permits and Conservation 

Division, Office of Protected Resources, 

National Marine Fisheries Service, 1315 

East-West Highway, Silver Spring, MD 

20910. The mailbox address for 

providing email comments is ITP.Cody@

noaa.gov. Please include 0648–XD818 

in the subject line. Comments sent via 

email to ITP.Cody@noaa.gov, including 

all attachments, must not exceed a 25- 

megabyte file size. NMFS is not 

responsible for email comments sent to 

addresses other than the one provided 

here. 


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Instructions: All submitted comments 

are a part of the public record and 

NMFS will post them to http://

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

incidental/research.htm 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/research.htm. 

NMFS will prepare an environmental 

assessment (EA) in accordance with the 

National Environmental Policy Act to 

evaluate the environmental effects 

related to the scope of our Federal 

action, which is the proposed issuance 

of an Authorization to BLM for their 

proposed land survey activities. This 

notice presents detailed information on 

the scope of NMFS’ Federal action 

under NEPA (i.e., the proposed 

Authorization including mitigation 

measures and monitoring) and NMFS 

will consider comments submitted in 

response to this notice for the 

preparation the EA. Information in 

BLM’s application and this notice 

collectively provide the environmental 

information related to proposed 

issuance of the Authorization for public 

review and comment. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Cody, NMFS, Office of 

Protected Resources, NMFS (301) 427– 

8401. 

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 allow, upon request, the incidental, 

but not intentional, taking of small 

numbers of marine mammals of a 

species or population stock, by U.S. 

citizens who engage in a specified 

activity (other than commercial fishing) 

within a specified geographical region 

if, after NMFS provides a notice of a 

proposed authorization to the public for 

review and comment: (1) NMFS makes 

certain findings; and (2) the taking is 

limited to harassment. 

An Authorization shall be granted for 

the incidental taking of small numbers 

of marine mammals if NMFS finds 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 also 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 monitoring and 

reporting of such taking. 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.’’ 

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 September 8, 2014, NMFS 

received an application from BLM 

requesting that we issue an 

Authorization for the take of marine 

mammals, incidental to conducting one 

field-based land survey for a land claim 

of cultural sites located on a small 

island in the eastern Aleutian Islands 

archipelago. BLM must conduct the 

land survey under the Alaska Native 

Claims Settlement Act of 1971, as 

amended (ANCSA; 43 U.S.C. 1601– 

1624). NMFS determined the 

application complete and adequate on 

February 17, 2015. 

BLM proposes to conduct one fieldbased land survey of a land claim made 

pursuant to section 14(h)(1) of the 

ANCSA by an Alaska Native Regional 

Corporation. The land survey may 

temporarily disturb Steller sea lions 

(Eumetopias jubatus) hauled out at the 

selected cultural site. BLM proposes to 

complete the land survey within one 

day between June 1 and July 31, 2015. 

BLM would conduct the proposed 

activity within the vicinity of a major 

Steller sea lion haulout site identified in 

the regulations at 50 CFR 226.202 and 

the following aspects of the proposed 

activity would likely to result in the 

take of marine mammals: Noise 

generated by vessel approaches and 

departures; noise generated by 

personnel while conducting the land 

survey; and human presence during the 

proposed activity. Thus, NMFS 

anticipates that take, by Level B 

harassment only of one species of 

marine mammal could result from the 

specified activity. NMFS anticipates 

that take by Level B Harassment only, of 

individuals of Steller sea lions only 

would result from the specified activity. 

Description of the Specified Activity 

Overview 

BLM must conduct the land survey to 

support conveyance of existing 

cemetery sites and historical places to 

an Alaska Native Regional Corporation 

as required under the ANCSA. Once 

BLM concludes the survey no additional 

visits would be necessary for the 

proposed action. 

Dates and Duration 

BLM would complete the survey 

within one day (approximately 6–10 

hours) between June 1 and July 31, 

2015. Thus, the proposed Authorization, 

if issued, would be effective from June 

1, 2015 through July 31, 2015. NMFS 

refers the reader to the Detailed 

Description of Activities section later in 

this notice for more information on the 

scope of the proposed activities. 

Specified Geographic Region 

BLM’s application contains 

information on sensitive archaeological 

site locations prohibited from disclosure 

to the public under the National 

Historic Preservation Act of 1966, as 

amended. The island is small (less than 

5 acres), extremely rugged, and 

uninhabited by people. This notice will 

describe the specified geographic region 

as cultural sites located on a small 

island in the eastern Aleutian Islands 

archipelago. 

Detailed Description of Activities 

BLM proposes to conduct the land 

survey with a small group of no more 

than four people who would use a 

global position system (GPS) unit to 

determine the locational accuracy of the 

selected cultural site. After selecting the 

placement location for the survey 

marker, BLM surveyors would use 

shovels, digging bars, and mallets to set 

a group of official U.S. survey markers 

into the ground. BLM does not plan to 

use any power tools to conduct the land 

survey. 

BLM personnel would access the 

selected cultural sites using two types of 

boats: A mid-sized marine vessel 

(approximately 15 meters (m); 50 feet 

(ft) in length) and a small skiff. The 

main vessel would approach the remote 

island at a speed of approximately 8 


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knots (kt) (9.2 miles per hour) and 

would launch the skiff to cross the 

shallower waters immediately 

surrounding the small island in the 

eastern Aleutian Islands archipelago. 

Once on land, surveyors would walk 

to the survey sites to conduct their 

activities. BLM does not propose to use 

any type of motorized vehicles on the 

small island. 

There is a possibility that BLM would 

need to access the island by helicopter 

or sea plane, if they determine that 

accessing the island by sea would not be 

feasible due to weather or scheduling 

constraints. However, the likelihood of 

BLM using this mode of transit is 

extremely low given the high expense 

involved with chartering aircraft. 

Description of Marine Mammals in the 

Area of the Specified Activity 

Table 1 in this notice provides the 

following information: All marine 

mammal species with possible or 

confirmed occurrence in the proposed 

survey areas on land; information on 

those species’ regulatory status under 

the MMPA and the Endangered Species 

Act of 1973 (16 U.S.C. 1531 et seq.); 

abundance; occurrence and seasonality 

in the activity area. NMFS refers the 

public the 2014 NMFS Marine Mammal 

Stock Assessment Report available 

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

sars/species.htm for further information 

on the biology and distribution of these 

species. Based on recent survey reports, 

there are no other species of marine 

mammals present in the action area 

(BLM, Pers. Comm.) 

TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT IN THE PROPOSED

CULTURAL SITE ON A SMALL ISLAND WITHIN THE EASTERN ALEUTIAN ISLANDS ARCHIPELAGO, JUNE THROUGH JULY, 2015 

Species Stock name Regulatory 

status 1 2

Stock/species 

abundance 3

Occurrence 

and range Season 

Steller sea lion (Eumetopias 

jubatus) 

Western U.S. ............. MMPA–D, S ...............

ESA–T ........................

82,516 common ......... Winter/Spring. 

Steller sea lion (Eumetopias 

jubatus) 

Eastern U.S. .............. MMPA–D, S ...............

ESA–DL .....................

60,131–74,448 uncommon ..... Unknown. 

1 MMPA: D = Depleted, S = Strategic, NC = Not Classified. 

2ESA: EN = Endangered, T = Threatened, DL = Delisted, NL = Not listed. 

3 2014 NMFS Stock Assessment Report (Allen and Angliss, 2015). 

Western Distinct Population Segment 

(DPS) of Steller Sea Lions 

NMFS categorizes the western DPS of 

Steller sea lion as a strategic stock and 

depleted under the MMPA and 

endangered under the Endangered 

Species Act of 1973 (ESA; 16 U.S.C. 

1531 et. seq.). The latest abundance 

estimate for the western Distinct 

Population Segment (DPS) of Steller sea 

lions is 82,516 animals (Allen and 

Angliss, 2015). 

Eastern DPS of Steller Sea Lions 

The eastern DPS includes animals 

born east of Cape Suckling, AK (144° W) 

and the latest abundance estimate for 

the stock is 60,131 to 74,448 animals 

(Allen and Angliss, 2015). 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. Recently, Jemison et 

al. (2013) summarized that there is 

regular movement of Steller sea lions 

from the western DPS (males and 

females equally) and eastern DPS 

(almost exclusively males) across the 

DPS boundary at Cape Suckling, AK. 

However, the proposed land survey 

location is over 1,000 kilometers from 

the DPS boundary and NMFS expects 

that few if any Steller sea lions from the 

eastern DPS would be present on the 

small island. 

Steller Sea Lion Critical Habitat 

Under the ESA, NMFS has designated 

critical habitat for Steller sea lions based 

on the location of terrestrial rookery and 

haulout sites, spatial extent of foraging 

trips, and availability of prey items (50 

CFR 226.202). Critical habitat includes a 

terrestrial zone that extends 0.9 km 

(3,000 ft) landward from the baseline or 

base point of a major haulout in Alaska. 

Critical habitat includes an air zone that 

extends 0.9 km (3,000 ft) above the 

terrestrial zone of a major haulout in 

Alaska, measured vertically from sea 

level. Critical habitat includes an 

aquatic zone that extends 20 nautical 

miles (37 km; 23 miles (mi)) seaward in 

state and federally managed waters from 

the baseline or basepoint of a major 

haulout in Alaska west of 144° W 

longitude. BLM’s proposed action falls 

within an area designated as a major 

haulout for Steller sea lions. 

Other Marine Mammals in the 

Proposed Action Area 

The BLM, in collaboration with the 

Alaska Department of Fish and Game, 

has not encountered any other species 

of marine mammal (e.g., the northern 

fur seal, (Callorhinus ursinus)) hauled 

out on the small island in the eastern 

Aleutian Islands archipelago during the 

course of previous surveying activities 

within the area over the past 13 years 

(ADGF, Pers. Comm.). NMFS 

independently evaluated the likelihood 

of northern fur seal presence in the 

action area using the Ocean 

Biogeographic Information System 

Spatial Ecological Analysis of 

Megavertebrate Populations viewer 

(OBIS SEAMAP, 2015) and found no 

records of observations of northern fur 

seals within the proposed action area. 

Thus, NMFS will not consider this 

species further in this notice. 

Potential Effects of the Specified 

Activities on Marine Mammals 

This section includes a summary and 

discussion of the ways that the types of 

stressors associated with the specified 

activity (e.g., personnel presence) have 

been observed to impact marine 

mammals. This discussion may also 

include reactions that NMFS considers 

to rise to the level of a take and those 

that we do not consider to rise to the 

level of a take. This section serves as a 

background of potential effects and does 

not consider either the specific manner 

in which the applicant will carry out the 

activity or the mitigation that will be 

implemented, and how either of those 

will shape the anticipated impacts from 

this specific activity. The ‘‘Estimated 

Take by Incidental Harassment’’ section 

later in this document will include a 

quantitative analysis of the number of 

individuals that NMFS expects BLM to 

take during this activity. The 

‘‘Negligible Impact Analysis’’ section 

will include the analysis of how this 

specific activity would impact marine 

mammals. NMFS will consider the 


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content of the following sections: 

Estimated Take by Incidental 

Harassment; Proposed Mitigation; and 

Anticipated Effects on Marine Mammal 

Habitat, to draw conclusions regarding 

the likely impacts of this activity on the 

reproductive success or survivorship of 

individuals—and from that 

consideration—the likely impacts of this 

activity on the affected marine mammal 

populations or stocks. 

Potential Effects of Human Presence on 

Marine Mammals 

The appearance of BLM surveyors 

may have the potential to cause Level B 

harassment of Steller sea lions hauled 

out on the small island in the proposed 

action area. Disturbance includes a 

variety of effects, including subtle to 

conspicuous changes in behavior, 

movement, and displacement. 

Disturbance may result in reactions 

ranging from an animal simply 

becoming alert to the presence of the 

surveyors (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 meter (m) (3.3 

feet (ft)) or change the speed or direction 

of their movement in response to the 

presence of surveyors are behaviorally 

harassed, and thus subject to Level B 

taking. Animals that respond to the 

presence of surveyors 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. 

Reactions to human presence, if any, 

depend on species, state of maturity, 

experience, current activity, 

reproductive state, time of day, and 

many other factors (Richardson et al., 

1995; Wartzok et al., 2004; Southall et 

al., 2007; Weilgart, 2007). These 

behavioral reactions are often shown as: 

Changing durations of surfacing and 

dives, number of blows per surfacing, or 

moving direction and/or speed; 

reduced/increased vocal activities; 

changing/cessation of certain behavioral 

activities (such as socializing or 

feeding); visible startle response or 

aggressive behavior; avoidance of areas; 

and/or flight responses (e.g., pinnipeds 

flushing into the water from haul-outs 

or rookeries). If a marine mammal does 

react briefly to human presence by 

changing its behavior or moving a small 

distance, the impacts of the change are 

unlikely to be significant to the 

individual, let alone the stock or 

population. However, if visual stimuli 

from human presence displaces marine 

mammals from an important feeding or 

breeding area for a prolonged period, 

impacts on individuals and populations 

could be significant (e.g., Lusseau and 

Bejder, 2007; Weilgart, 2007). 

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). Numerous 

studies have shown that human activity 

can flush harbor seals off haulout sites 

(Allen et al., 1984; Calambokidis et al., 

1991; Suryan and Harvey, 1999; and 

Mortenson et al., 2000) or lead to 

Hawaiian monk seals (Monachus 

schauinslandi) avoidance of beach areas 

The Hawaiian monk seal (Monachus 

schauinslandi) avoiding beaches 

(Kenyon, 1972). 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). 

In cases where vessels actively 

approached marine mammals (e.g., 

whale watching or dolphin watching 

boats), scientists have documented that 

animals exhibit altered behavior such as 

increased swimming speed, erratic 

movement, and active avoidance 

behavior (Bursk, 1983; Acevedo, 1991; 

Baker and MacGibbon, 1991; Trites and 

Bain, 2000; Williams et al., 2002; 

Constantine et al., 2003), reduced blow 

interval (Ritcher et al., 2003), disruption 

of normal social behaviors (Lusseau, 

2003; 2006), and the shift of behavioral 

activities which may increase energetic 

costs (Constantine et al., 2003; 2004). 

In 1997, Henry and Hammil (2001) 

conducted a study to measure the 

impacts of small boats (i.e., kayaks, 

canoes, motorboats and sailboats) on 

harbor seal haulout behavior in Me ́tis 

Bay, Quebec, Canada. During that study, 

the authors noted that the most frequent 

disturbances (n=73) were caused by 

lower speed, lingering kayaks, and 

canoes (33.3 percent) as opposed to 

motorboats (27.8 percent) conducting 

high speed passes. The seal’s flight 

reactions could be linked to a surprise 

factor by kayaks-canoes which approach 

slowly, quietly and low on water 

making them look like predators. 

However, the authors note that once the 

animals were disturbed, there did not 

appear to be any significant lingering 

effect on the recovery of numbers to 

their pre-disturbance levels. In 

conclusion, the study showed that boat 

traffic at current levels has only a 

temporary effect on the haulout 

behavior of harbor seals in the Me ́tis 

Bay area. 

In 2004, Johnson and AcevedoGutierrez (2007) evaluated the efficacy 

of buffer zones for watercraft around 

harbor seal haulout sites on Yellow 

Island, Washington. The authors 

estimated the minimum distance 

between the vessels and the haul-out 

sites; categorized the vessel types; and 

evaluated seal responses to the 

disturbances. During the course of the 

seven-weekend study, the authors 

recorded 14 human-related disturbances 

which were associated with stopped 

powerboats and kayaks. During these 

events, hauled out seals became 

noticeably active and moved into the 

water. The flushing occurred when 

stopped kayaks and powerboats were at 

distances as far as 453 and 1,217 ft (138 

and 371 m) respectively. The authors 

note that the seals were unaffected by 

passing powerboats, even those 

approaching as close as 128 ft (39 m), 

possibly indicating that the animals had 

become tolerant of the brief presence of 

the vessels and ignored them. The 

authors reported that on average, the 

seals quickly recovered from the 

disturbances and returned to the 

haulout site in less than or equal to 60 

minutes. Seal numbers did not return to 

pre-disturbance levels within 180 

minutes of the disturbance less than one 

quarter of the time observed. The study 

concluded that the return of seal 

numbers to pre-disturbance levels and 

the relatively regular seasonal cycle in 

abundance throughout the area counter 

the idea that disturbances from 

powerboats may result in site 

abandonment (Johnson and AcevedoGutierrez, 2007). As a general statement 

from the available information, 

pinnipeds exposed to intense 

(approximately 110 to 120 decibels 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). 

There are three ways in which 

disturbance, as described previously, 

could result in more than Level B 

harassment of marine mammals. All 

three are most likely to be consequences 

of stampeding, a potentially dangerous 

occurrence in which large numbers of 

animals succumb to mass panic and 

rush away from a stimulus. The three 

situations are: (1) Falling when entering 

the water at high-relief locations; (2) 

extended separation of mothers and 

pups; and (3) crushing of pups by large 

males during a stampede. However, 

NMFS does not expect any of these 

scenarios to occur at the proposed 

survey site. 

Because hauled-out animals may 

move towards the water when 

disturbed, there is the risk of injury if 


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animals stampede towards shorelines 

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

However, while high-elevation sites 

exist on the small island, the haulout 

sites consist of ridges with unimpeded 

and non-obstructive access to the water. 

If disturbed, the small number of 

hauled-out adult animals may move 

toward the water without risk of 

encountering barriers or hazards that 

would otherwise prevent them from 

leaving the area. Moreover, the 

proposed area would not be crowded 

with large numbers of Steller sea lions 

during June or July, further eliminating 

the possibility of potentially injurious 

mass movements of animals attempting 

to vacate the haulout. Thus, in this case, 

NMFS considers the risk of injury, 

serious injury, or death to hauled-out 

animals as very low. 

Finally, only adult Steller sea lions 

occupy the haulout site during June and 

July. No pups or breeding adults would 

be present during the proposed survey. 

The probability of vessel and marine 

mammal interactions (i.e., vessel strike) 

occurring during the proposed activities 

is unlikely due to main vessels slow 

operational speed around the island, 

which is typically 8 knots (9.2 miles per 

hour) coupled with the observer and 

BLM personnel continually scanning 

the water for marine mammals presence 

during transit to the island. Thus, NMFS 

does not anticipate that take would 

result from the movement of the main 

vessel or skiff. 

Anticipated Effects on Marine Mammal 

Habitat 

The only habitat modification 

associated with the proposed activity is 

the placement of a group of official U.S. 

survey markers into the ground. BLM 

would conduct the installation of the 

survey markers under the appropriate 

authorities (ANCSA) and would not use 

any power tools to set the markers. 

NMFS expects that the presence of the 

surveyors would likely disturb any 

marine mammals present at the site. 

NMFS also expects that marine 

mammals would retreat to a distance 

where noise related to the use of 

shovels, digging bars, and mallets would 

not increase the disturbance. In most 

instances, wind and wave noise would 

also drown out the noise of the hand 

tools. At the conclusion of the survey, 

BLM would remove all survey 

equipment and would not leave any 

trash or field gear at the site. 

NMFS does not anticipate that the 

proposed survey would result in any 

permanent effects on the habitats used 

by the marine mammals in the proposed 

area, including the food sources they 

use (i.e., fish and invertebrates). Based 

on the preceding discussion, NMFS 

does not anticipate that the proposed 

activity would have any habitat-related 

effects that could cause significant or 

long-term consequences for individual 

marine mammals or their populations. 

Proposed Mitigation 

In order to issue an incidental take 

authorization 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 on the 

availability of such species or stock for 

taking for certain subsistence uses 

(where relevant). 

Mitigation Measures 

The BLM proposes to implement 

several mitigation measures to reduce 

potential take by Level B (behavioral 

disturbance) harassment. Measures 

include: (1) Conducting slow and 

controlled approaches to the island by 

vessel and skiff as far away as possible 

from hauled out sea lions to prevent or 

minimize stampeding; (2) avoiding 

placing the skiff in the path of 

swimming sea lions that may be present; 

(3) beginning terrestrial activities as far 

away as possible from hauled out sea 

lions; (4) conducting slow movements to 

prevent or minimize stampeding; (5) 

avoiding loud noises (i.e., using hushed 

voices); (6) avoiding pinnipeds along 

access ways to sites by locating and 

taking a different access way and 

vacating the area as soon as possible 

after completing the land survey; (7) 

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; and (8) using 

binoculars to detect pinnipeds before 

close approach to avoid being seen by 

animals. 

BLM will use the methodologies and 

actions noted in this section which 

NMFS would include as mitigation 

measures in any issued Authorization to 

ensure that BLM mitigates impacts to 

marine mammals to the lowest level 

practicable. The primary method of 

mitigating the risk of disturbance to sea 

lions, which will be in use at all times, 

is the selection of judicious routes of 

approach to the survey site, avoiding 

close contact with sea lions hauled out 

on shore, and the use of extreme caution 

upon approach. In no case will BLM 

deliberately approach marine mammals. 

BLM personnel would select a pathway 

of approach to the survey sites that 

minimizes the number of marine 

mammals potentially harassed. In 

general, BLM personnel would stay 

inshore of sea lions whenever possible 

to allow slow and controlled egress to 

the ocean. The survey would last for 

approximately 6–10 hours, after which 

personnel would vacate the survey site. 

Any marine mammals that may have 

been disturbed by the presence of 

surveyors could re-occupy the site after 

completion of the survey. 

Mitigation Conclusions 

NMFS has carefully evaluated BLM’s 

proposed mitigation measures in the 

context of ensuring that we prescribe 

the means of affecting the least 

practicable impact on the affected 

marine mammal species and stocks and 

their habitat. The 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. 

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 here: 

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 vessel or visual 

presence that NMFS expects 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 

exposed to vessel or visual presence that 

NMFS expects 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 vessel or visual presence 

that NMFS expects to result in the take 

of marine mammals (this goal may 

contribute to a, above, or to reducing the 

severity of harassment takes only). 


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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 the evaluation of BLM 

proposed measures, NMFS has 

preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable impact on marine mammal 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring 

In order to issue an incidental take 

authorization for an activity, section 

101(a)(5)(D) of the MMPA states that 

NMFS 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 

Authorizations 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 NMFS expects to be 

present in the proposed action area. 

BLM submitted a marine mammal 

monitoring plan in section 13 of their 

Authorization application. NMFS or 

BLM may modify or supplement the 

plan based on comments or new 

information received from the public 

during the public comment period. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

1. An increase in our understanding 

of the likely occurrence of marine 

mammal species in the vicinity of the 

action, (i.e., presence, abundance, 

distribution, and/or density of species). 

2. An increase in our understanding 

of the nature, scope, or context of the 

likely exposure of marine mammal 

species to any of the potential stressor(s) 

associated with the action (e.g., sound 

or visual stimuli), through better 

understanding of one or more of the 

following: The action itself and its 

environment (e.g., sound source 

characterization, propagation, and 

ambient noise levels); the affected 

species (e.g., life history or dive 

pattern); the likely co-occurrence of 

marine mammal species with the action 

(in whole or part) associated with 

specific adverse effects; and/or the 

likely biological or behavioral context of 

exposure to the stressor for the marine 

mammal (e.g., age class of exposed 

animals or known pupping, calving or 

feeding areas). 

3. An increase in our understanding 

of how individual marine mammals 

respond (behaviorally or 

physiologically) to the specific stressors 

associated with the action (in specific 

contexts, where possible, e.g., at what 

distance or received level). 

4. An increase in our understanding 

of how anticipated individual 

responses, to individual stressors or 

anticipated combinations of stressors, 

may impact either: The long-term fitness 

and survival of an individual; or the 

population, species, or stock (e.g. 

through effects on annual rates of 

recruitment or survival). 

5. An increase in our understanding 

of how the activity affects marine 

mammal habitat, such as through effects 

on prey sources or acoustic habitat (e.g., 

through characterization of longer-term 

contributions of multiple sound sources 

to rising ambient noise levels and 

assessment of the potential chronic 

effects on marine mammals). 

6. An increase in understanding of the 

impacts of the activity on marine 

mammals in combination with the 

impacts of other anthropogenic 

activities or natural factors occurring in 

the region. 

7. An increase in our understanding 

of the effectiveness of mitigation and 

monitoring measures. 

8. An increase in the probability of 

detecting marine mammals (through 

improved technology or methodology), 

both specifically within the safety zone 

(thus allowing for more effective 

implementation of the mitigation) and 

in general, to better achieve the above 

goals. 

As part of its Authorization 

application, BLM proposes to sponsor 

marine mammal monitoring, in order to 

implement the mitigation measures that 

require real-time monitoring, and to 

satisfy the monitoring requirements of 

the proposed Authorization. These 

include: 

• The vessel would circle the island 

from the greatest distance feasible for 

accurate observation to allow the marine 

mammal observer (observer) to map and 

record the initial locations, numbers, 

and behaviors of Steller sea lions using 

the island before commencing the 

survey. The observer would use this 

information to recommend where BLM 

personnel should approach the survey 

area to minimize disruption to any 

Steller sea lions hauled out on the 

island. 

• Once on land, the observer would 

record any changes in sea lion locations, 

numbers, or behaviors observed during 

the reconnaissance. 

• The observer would post at a 

location (e.g., a ridge or other high 

elevation area) to visually observe sea 

lions with no or minimal risk of 

modifying their behavior. If possible, 

the observer would also have the land 

survey crew in sight and would 

communicate with the surveyors using 

hand-held radios. The observer would 

advise the crew on the location and 

behavior of the sea lions to maximize 

the safety of both the sea lions and the 

crew. 

Proposed monitoring requirements in 

relation to BLM’s proposed activities 

would include species counts, numbers 

of observed disturbances, and 

descriptions of the disturbance 

behaviors during the monitoring 

surveys, including location, date, and 

time of the event. In addition, BLM 

would record observations regarding the 

number and species of any marine 

mammals either observed in the water 

or hauled out. 

BLM can add to the knowledge of 

pinnipeds in the proposed action area 

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. 

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 proposed land survey, BLM 

would suspend survey 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. 

Proposed Reporting 

BLM would submit a draft report to 

NMFS Office of Protected Resources no 

later than 90 days after the expiration of 

the proposed Authorization, if issued. 

The report will include a summary of 

the information gathered pursuant to the 

monitoring requirements set forth in the 

proposed Authorization. BLM will 

submit a final report to the Director of 

the NMFS Office of Protected Resources 


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within 30 days after receiving comments 

from NMFS on the draft report. If BLM 

receives no comments from NMFS on 

the report, NMFS will consider the draft 

report to be the final report. 

The report will describe the 

operations 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. The report will provide: 

1. A summary and table of the dates, 

times, and weather during all research 

activities. 

2. Species, number, location, and 

behavior of any marine mammals 

observed throughout all monitoring 

activities. 

3. An estimate of the number (by 

species) of marine mammals exposed to 

human presence associated with the 

survey activities. 

4. A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the Authorization 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 authorization, such as 

an injury (Level A harassment), serious 

injury, or mortality (e.g., vessel-strike, 

stampede, etc.), BLM personnel shall 

immediately cease the specified 

activities and immediately report the 

incident to the Division Chief, Permits 

and Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248. The report must include the 

following information: 

• Time, date, and location (latitude/

longitude) of the incident; 

• Description and location of the 

incident (including water depth, if 

applicable); 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• 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). 

BLM shall not resume its activities 

until NMFS is able to review the 

circumstances of the prohibited take. 

We will work with BLM to determine 

what is necessary to minimize the 

likelihood of further prohibited take and 

ensure MMPA compliance. BLM may 

not resume their activities until notified 

by us via letter, email, or telephone. 

In the event that BLM discovers an 

injured or dead marine mammal, and 

the marine mammal observer 

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 we 

describe in the next paragraph), BLM 

will immediately report the incident to 

the Division Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248. The report must include the same 

information identified in the paragraph 

above this section. Activities may 

continue while NMFS reviews the 

circumstances of the incident. NMFS 

would work with BLM to determine 

whether modifications in the activities 

are appropriate. 

In the event that BLM discovers an 

injured or dead marine mammal, and 

the lead visual observer determines that 

the injury or death is not associated 

with or related to the authorized 

activities (e.g., previously wounded 

animal, carcass with moderate to 

advanced decomposition, or scavenger 

damage), BLM will report the incident 

to the Division Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248 within 24 hours of the discovery. 

BLM personnel will provide 

photographs or video footage (if 

available) or other documentation of the 

stranded animal sighting to us. BLM can 

continue their survey activities while 

NMFS reviews the circumstances of the 

incident. 

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. NMFS 

expects that the proposed mitigation 

and monitoring measures would 

minimize the possibility of injurious or 

lethal takes. NMFS considers the 

potential for take by injury, serious 

injury, or mortality as remote. NMFS 

expects that the presence of BLM 

personnel could disturb of animals 

hauled out close to the survey site and 

that the animals may alter their behavior 

or attempt to move away from the 

surveyors. 

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 surveyors’ presence or if 

the animal was already moving and 

changed direction and/or speed, or if 

the animal flushed into the water. 

NMFS does not consider animals that 

became alert without such movements 

as harassed. 

For the purpose of this proposed 

Authorization, BLM proposed take 

estimates based on sea lion survey 

counts obtained from NMFS’ National 

Marine Mammal (NMML) Steller Sea 

Lion Count Database and from 

researchers with extensive knowledge 

and experience of the survey location. 

Data from NMFS’ National Marine 

Mammal (NMML) Steller Sea Lion 

Count Database indicate that 

approximately 80 adult Steller sea lions 

of the western DPS haul out on the 

small island mainly in late winter and 

early spring (NMML, 2015). However, 

use of that particular haulout decreases 

after May in the summer with NMML’s 

database records (2000–2008) indicating 

a maximum of eight adults hauled out 

on the island during June or July 

(NMML, 2015; B. Fadely, Pers. Comm.). 

These observations formed the basis 

of the actual number of marine 

mammals that may be subject to take. 

Based on best available information, 

NMFS estimates that the survey 

activities could potentially affect by 

Level B behavioral harassment up to 20 

Steller sea lions over the course of the 

Authorization. This estimate represents 

less than one percent (0.0002) of the 

western DPS of Steller sea lions and 

accounts for a maximum disturbance of 

20 animals during the one-day visit to 

the island. Actual take may be slightly 

less if animals decide to haul out at a 

different location for the day or if 

animals are foraging at the time of the 

survey activities. 

NMFS does not propose to authorize 

any injury, serious injury, or mortality. 

NMFS expect all potential takes to fall 

under the category of Level B 

harassment only. 

Encouraging and Coordinating 

Research 

BLM would share observations and 

counts of marine mammals and all 

observed disturbances to the 


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appropriate state and federal agencies at 

the conclusion of the survey. 

Analysis and Preliminary 

Determinations 

Negligible Impact 

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’’ 

(50 CFR 216.103). 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. An estimate 

of the number of Level B harassment 

takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through behavioral harassment, NMFS 

considers other factors, such as the 

likely nature of any responses (e.g., 

intensity, duration), the context of any 

responses (e.g., critical reproductive 

time or location, migration), as well as 

the number and nature of estimated 

Level A harassment takes, the number of 

estimated mortalities, and effects on 

habitat. 

Although BLM’s survey activities may 

disturb sea lions hauled out on the 

island, NMFS expects those impacts to 

occur to a small, localized group of 

animals for a limited duration (e.g., 6– 

10 hours in one day). Steller sea lions 

would likely become alert or, at most, 

flush into the water in reaction to the 

presence of BLM personnel during the 

proposed activities. Disturbance will be 

limited to a short duration, allowing 

adult sea lions to reoccupy the island 

within a short amount of time. Thus, the 

proposed action is unlikely to result in 

long-term impacts such as permanent 

abandonment of the haul-out. 

BLM’s activities would occur during 

the least sensitive time (e.g., summer, 

June through July) for hauled out sea 

lions on the island. Only adult Steller 

sea lions occupy the haulout site during 

June and July. Thus, pups or breeding 

adults would not be present during the 

proposed one-day survey. 

Moreover, BLM’s mitigation measures 

regarding transit speed, island 

approaches, and survey site ingress and 

egress would minimize the potential for 

stampedes and large-scale movements. 

Thus, the potential for large-scale 

movements and stampede leading to 

injury, serious injury, or mortality is 

low. 

NMFS proposes to authorize take for 

the Western DPS of Steller sea lion 

listed as endangered under the ESA and 

classified as a strategic stock and 

depleted under the MMPA. BLM’s 

proposed action falls within an area 

designated as a major haulout for Steller 

sea lions under the critical habitat 

designations of the ESA. Steller sea 

lions spend much of their time in 

marine water but they do rest and breed 

on land. During the breeding and 

pupping season (late May to early July), 

reproductively active adult Steller sea 

lions occupy rookeries (terrestrial 

birthing sites) whereas non-breeding 

individuals use haulouts (terrestrial 

resting sites). In this case, relatively 

small numbers (less than 10) of adult, 

non-reproducing, Steller sea lions use 

the island as a haulout during the 

months of June and July when the oneday survey would occur. Moreover, 

BLM’s proposed activities would not 

significantly alter the physical or 

biological features of the critical habitat. 

Project related disturbances to Steller 

sea lion would result from stimuli 

related to vessel and human presence 

within the proposed area. However, the 

disturbances related to these activities 

are temporary in nature and not 

expected to permanently modify the 

critical habitat. 

In summary, NMFS anticipates that 

impacts to hauled-out Steller sea lions 

during BLM’s land survey activities 

would be behavioral harassment of 

limited duration (i.e., less than one day) 

and limited intensity (i.e., temporary 

flushing at most). NMFS does not expect 

stampeding, and therefore injury or 

mortality to occur (see ‘‘Mitigation’’ for 

more details). 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 

preliminarily finds that the total marine 

mammal take from BLM’s proposed 

survey activities will have a negligible 

impact on the affected marine mammal 

species or stocks. 

Small Numbers 

As mentioned previously, NMFS 

estimates that BLM’s proposed activities 

could potentially affect, by Level B 

harassment only, one species of marine 

mammal under our jurisdiction. NMFS 

estimates that the survey activities 

could potentially affect by Level B 

behavioral harassment up to 20 Steller 

sea lions over the course of the 

proposed Authorization. This estimate 

represents less than one percent 

(0.0002) of the western DPS of Steller 

sea lions and accounts for a maximum 

disturbance of 20 animals during the 

one-day visit to the island. For the 

Western DPS of Steller sea lion, this 

estimate is small (less than one percent) 

relative to the population size of 82,516 

animals. However, actual take may be 

slightly less if animals decide to haul 

out at a different location for the day or 

if animals are foraging at the time of the 

survey activities. Based on the analysis 

contained in this notice 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 

preliminarily finds that BLM’s proposed 

activities would take small numbers of 

marine mammals relative to the 

populations of the affected species or 

stocks. 

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. The proposed activity occurs 

south of the latitude that NMFS’ 

categorizes as within Arctic waters (i.e., 

north of 60° N). 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) 

For the reasons already described in 

this notice, NMFS has determined that 

the issuance of a proposed 

Authorization may have an effect on 

species or critical habitat protected 

under the ESA (specifically, the Steller 

sea lion). Under section 7 of the ESA, 

BLM has initiated formal consultation 

with NMFS on the proposed land 

survey. NMFS (i.e., National Marine 

Fisheries Service, Office of Protected 

Resources, Permits and Conservation 

Division) will also consult internally 

with NMFS on the proposed issuance of 

an Authorization under section 

101(a)(5)(D) of the MMPA. NMFS and 

BLM will conclude the consultation 

prior to a determination on the issuance 

of the Authorization. 

National Environmental Policy Act 

(NEPA) 

To meet NEPA requirements for the 

issuance of a proposed Authorization to 

BLM, NMFS intends to prepare an 

Environmental Assessment (EA) on 

NMFS’ proposed action. Prior to making 

a final decision on the issuance of an 

Authorization, NMFS would decide 

whether or not to issue a Finding of No 

Significant Impact. NMFS will review 

all comments submitted in response to 


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this notice to complete the NEPA 

process prior to making a final decision 

on the Authorization request. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes issuing 

an Incidental Harassment Authorization 

to BLM for take incidental to conducting 

a one-day field-based land survey of 

cultural sites located on a small island 

within the eastern Aleutian Islands 

archipelago, during the period of June 1, 

2015 through July 31, 2015, provided 

they incorporate the previously 

mentioned mitigation, monitoring, and 

reporting requirements. 

Draft Proposed Authorization 

This section contains the draft text for 

the proposed Authorization. NMFS 

proposes to include this language in the 

Authorization if issued. 

Proposed Authorization Language 

The Bureau of Land Management 

(BLM)—Alaska Division of Lands and 

Cadastral, 222 West Seventh Avenue, 

#13, Anchorage, Alaska 99513 and/or its 

designees (holders of the Authorization) 

are hereby authorized under section 

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

Protection Act (16 U.S.C. 1361 et seq.) 

to harass small numbers of marine 

mammals incidental to conducting a 

one-day field-based land survey of 

cultural sites. 

1. This Authorization is valid from 

June 1 through July 31, 2015. 

2. This Authorization is valid only for 

land survey activities that would occur 

in the following specified geographic 

area: The island within the eastern 

Aleutian Islands archipelago identified 

in BLM’s application. 

3. Species Authorized and Level of 

Takes 

a. The taking, by Level B harassment 

only, is limited to the following species: 

20 Steller sea lions (Eumetopias 

jubatus). 

b. The taking by injury (Level A 

harassment), serious injury or death of 

any of the species listed in Condition 

3(a) or the taking of any kind of any 

other species of marine mammal is 

prohibited and may result in the 

modification, suspension or revocation 

of this Authorization. 

c. The taking by injury (Level A 

harassment), serious injury, or death of 

any of the species listed in condition 

3(b) of the Authorization or any taking 

of any other species of marine mammal 

is prohibited and may result in the 

modification, suspension, or revocation 

of this Authorization. 

4. General Conditions 

A copy of this Authorization must be 

in the possession of the BLM, its 

designees, and field crew personnel 

operating under the authority of this 

Authorization at all times. BLM must 

also abide by the Terms and Conditions 

included within the Biological 

Opinion’s Incidental Take Statement. 

5. Mitigation Measures 

BLM and its designees must 

implement the following mitigation 

measures: 

a. Conduct a slow and controlled 

approach to the island by vessel and 

skiff as far away as possible from hauled 

out sea lions to prevent or minimize 

stampeding. 

b. Ensure that the main vessel and 

skiff approach the island at a reasonably 

slow speed (i.e., no faster than 8 knots 

(9.2 miles per hour)). 

c. Monitor for offshore predators such 

as great white sharks (Carcharodon 

carcharias) or killer whales (Orcinus 

orca) prior to accessing the island. If 

BLM and/or its designees see predators 

in the area, they must not disturb the 

animals until the area is free of 

predators. 

d. Avoid placing the skiff in the path 

of swimming sea lions that may be 

present in the area. 

e. Select a pathway of approach to the 

survey site that minimizes the number 

of marine mammals harassed and 

conduct slow movements while 

accessing and exiting the island to 

prevent or minimize stampeding. 

f. Maintain a quiet working 

atmosphere, avoid loud noises, and use 

hushed voices in the presence of hauled 

out pinnipeds. 

g. Initiate the land survey away from 

hauled out sea lions as far away as 

practicable. If BLM and/or its designees 

need to survey in the direction of 

hauled out sea lions, proceed in a slow 

and controlled manner to minimize 

disturbance and allow animals to slowly 

flush into the water. 

h. Use binoculars to detect pinnipeds 

before close approach to avoid being 

seen by animals. 

6. Monitoring 

The holder of this Authorization is 

required to conduct monitoring of 

marine mammals present at the survey 

site. BLM and/or its designees shall 

have at least one NMFS-qualified 

biologist serve as a marine mammal 

observer to evaluate incidental take and 

implement mitigation measures. 

a. BLM and/or its designees shall 

record the following: 

i. Species counts (with numbers of 

adults/juveniles); and: 

ii. Numbers of disturbances, by 

species and age, according to a threepoint scale of intensity including: (1) 

Head orientation in response to 

disturbance, which may include turning 

head towards the disturbance, craning 

head and neck while holding the body 

rigid in a u-shaped position, or changing 

from a lying to a sitting position and/or 

slight movement of less than 1 meter; 

‘‘alert’’; (2) Movements in response to or 

away from disturbance, typically over 

short distances (1–3 meters) and 

including dramatic changes in direction 

or speed of locomotion for animals 

already in motion; ‘‘movement’’; and (3) 

All flushes to the water as well as 

lengthier retreats (>3 meters); ‘‘flight’’. 

iii. Information on the weather, 

including the tidal state and horizontal 

visibility. 

b. If applicable, the observer shall 

note observations of marked or tagbearing pinnipeds or carcasses, as well 

as any rare or unusual species of marine 

mammal. 

c. If applicable, the observer shall 

note the presence of any offshore 

predators (date, time, number, and 

species). 

7. Reporting 

The holder of this Authorization is 

required to: 

a. Draft Report: Submit a draft 

monitoring report to the Division Chief, 

Permits and Conservation Division, 

Office of Protected Resources, National 

Marine Fisheries Service within 90 days 

after the Authorization expires. NMFS 

will review the Draft Report which is 

subject to review and comment by 

NMFS. BLM must address any 

recommendations made by NMFS in the 

Final Report prior to submission to 

NMFS. If NMFS decides that the draft 

final report needs no comments, NMFS 

will consider the draft report as the 

Final Report. 

b. Final Report: BLM shall prepare 

and submit a Final Report to NMFS 

within 30 days following resolution of 

any comments on the draft report from 

NMFS. 

8. Reporting Injured or Dead Marine 

Mammals 

In the unanticipated event that the 

specified activity clearly causes the take 

of a marine mammal in a manner 

prohibited by the authorization, such as 

an injury (Level A harassment), serious 

injury, or mortality (e.g., vessel-strike, 

stampede, etc.), BLM and/or its 

designees shall immediately cease the 

specified activities and immediately 

report the incident to the Division Chief, 

Permits and Conservation Division, 

Office of Protected Resources, NMFS, at 


tkelley on DSK3SPTVN1PROD with NOTICES
21222 Federal Register / Vol. 80, No. 74 / Friday, April 17, 2015 / Notices 

301–427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248. The report must include the 

following information: 

• Time, date, and location (latitude/

longitude) of the incident; 

• Description and location of the 

incident (including water depth, if 

applicable); 

• Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

• Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

• 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). 

BLM shall not resume its activities 

until NMFS is able to review the 

circumstances of the prohibited take. 

NMFS will work with BLM to determine 

what is necessary to minimize the 

likelihood of further prohibited take and 

ensure MMPA compliance. BLM may 

not resume their activities until notified 

by us via letter, email, or telephone. 

In the event that BLM discovers an 

injured or dead marine mammal, and 

the marine mammal observer 

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 we 

describe in the next paragraph), BLM 

will immediately report the incident to 

the Division Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248. The report must include the same 

information identified in the paragraph 

above this section. Activities may 

continue while NMFS reviews the 

circumstances of the incident. NMFS 

would work with BLM to determine 

whether modifications in the activities 

are appropriate. 

In the event that BLM discovers an 

injured or dead marine mammal, and 

the lead visual observer determines that 

the injury or death is not associated 

with or related to the authorized 

activities (e.g., previously wounded 

animal, carcass with moderate to 

advanced decomposition, or scavenger 

damage), BLM will report the incident 

to the Division Chief, Permits and 

Conservation Division, Office of 

Protected Resources, NMFS, at 301– 

427–8401 and the Alaska Regional 

Stranding Coordinator at (907) 586– 

7248 within 24 hours of the discovery. 

BLM personnel will provide 

photographs or video footage (if 

available) or other documentation of the 

stranded animal sighting to us. BLM can 

continue their survey activities while 

NMFS reviews the circumstances of the 

incident. 

Request for Public Comments 

NMFS requests comments on our 

analysis, the draft authorization, and 

any other aspect of this notice of 

proposed Authorization for the 

proposed activities. Please include any 

supporting data or literature citations 

with your comments to help inform our 

final decision on BLM’s request for an 

Authorization. 

Dated: April 13, 2015. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2015–08840 Filed 4–16–15; 8:45 am] 

BILLING CODE 3510–22–P 

COMMITTEE FOR PURCHASE FROM 

PEOPLE WHO ARE BLIND OR 

SEVERELY DISABLED 

Procurement List; Deletions 

AGENCY: Committee for Purchase From 

People Who Are Blind or Severely 

Disabled. 

ACTION: Deletions from the Procurement 

List. 

SUMMARY: This action deletes products 

from the Procurement List previously 

furnished by nonprofit agencies 

employing persons who are blind or 

have other severe disabilities. 

DATES: Effective Date: 5/18/2015. 

ADDRESSES: Committee for Purchase 

From People Who Are Blind or Severely 

Disabled, 1401 S. Clark Street, Suite 

715, Arlington, Virginia, 22202–4149. 

FOR FURTHER INFORMATION CONTACT: 

Barry S. Lineback, Telephone: (703) 

603–7740, Fax: (703) 603–0655, or email 

CMTEFedReg@AbilityOne.gov. 

SUPPLEMENTARY INFORMATION: 

Deletions 

On 3/6/2015 (80 FR 12156) and 

3/13/2015 (80 FR 13351–13352), the 

Committee for Purchase From People 

Who Are Blind or Severely Disabled 

published notices of proposed deletions 

from the Procurement List. 

After consideration of the relevant 

matter presented, the Committee has 

determined that the products listed 

below are no longer suitable for 

procurement by the Federal Government 

under 41 U.S.C. 8501–8506 and 41 CFR 

51–2.4. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. The action will not result in 

additional reporting, recordkeeping or 

other compliance requirements for small 

entities. 

2. The action may result in 

authorizing small entities to furnish the 

products to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 8501–8506) in 

connection with the products deleted 

from the Procurement List. 

End of Certification 

Accordingly, the following products 

are deleted from the Procurement List: 

Products 

Product Name/NSN: Binder, Vinyl/7510–00– 

NIB–0588. 

Mandatory Source of Supply: ForSight 

Vision, York, PA. 

Contracting Activity: General Services 

Administration, New York, NY. 

Product Name/NSN: Binder, Round Ring, 

Clear Overlay, Pockets, Brown, 1 1/2′′ 

Capacity, Letter Size/7510–01–519–4361. 

Mandatory Source of Supply: South Texas 

Lighthouse for the Blind, Corpus Christi, 

TX. 

Contracting Activity(s): General Services 

Administration, New York, NY. 

Department of Veterans Affairs, NAC, 

Hines, IL. 

Product Name/NSN(s): Bottle, 

Pharmaceutical, White, Screw Cap. 

6530–00–NIB–0129—60cc 

6530–00–NIB–0130—100cc 

6530–00–NIB–0131—150cc 

6530–00–NIB–0132—300cc 

6530–00–NIB–0133—500cc 

Mandatory Source of Supply: Alphapointe, 

Kansas City, MO. 

Contracting Activity: Department of Health 

and Human Services, Division of 

Contract & Grants Operations, 

Washington, DC. 

Product Name/NSN(s): Cap, Operating, 

Surgical. 

6532–00–250–5041 

6532–00–250–5042 

Mandatory Source of Supply: Allied Health 

Care Services, Clarks Summit, PA. 

Contracting Activity: Defense Logistics 

Agency Troop Support, Philadelphia, 

PA. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2015–08847 Filed 4–16–15; 8:45 am] 

BILLING CODE 6353–01–P 


tkelley on DSK3SPTVN1PROD with NOTICES