30476 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices

SUPPLEMENTARY INFORMATION: These

EFPs are requested under the authority

of the Magnuson-Stevens Fishery

Conservation and Management Act (16

U.S.C. 1801 et seq.) and regulations at

50 CFR 600.745 concerning scientific

research activity, exempted fishing, and

exempted educational activity.

NMFS issued an EFP to Dynasty

Marine Associates, Inc., in Marathon,

FL, effective March 3, 1998, for the

collection of a maximum of 3 sandbar

sharks, 19 nurse sharks, 22 lemon

sharks, 14 sand tiger sharks, and 10 bull

sharks for the purposes of public

display. Dynasty Marine Associates,

Inc., now intends to collect an

additional 17 sandbar sharks, 10 tiger

sharks, and 20 scalloped hammerhead

sharks for public display by using a

single hook and line as well as a short

longline not consisting of more than 50

hooks. Fishing will occur in the Florida

Bay and in the Atlantic Ocean off the

middle Florida Keys area, off New

Jersey, and off Maryland. Issuance of an

EFP is necessary, according to the

applicant, because the commercial

season for large coastal sharks is closed

for long periods of time. The applicant

also requested that the EFP authorize

collection of Atlantic sharpnose sharks,

managed under the small coastal

management unit; however, as the

commercial season for small coastal

sharks has not closed to date, this

species may be possessed legally by

obtaining a Federal commercial shark

permit, and an EFP is not required.

Shore Lab, Inc., in Brandon, FL,

intends to collect 12 sand tiger sharks

for public display and education by

using 10 bucket rigs, each of which

includes a single hook and crab line that

allows a shark to swim in a horizontal

arc around the swivel line. Fishing will

occur in the Atlantic Ocean off New

Jersey. Issuance of an EFP is necessary,

according to the applicant, because

possession of sand tiger sharks is

prohibited.

The New Jersey State Aquarium, in

Camden, NJ, intends to collect a

maximum of four tiger sharks, five

sandbar sharks, four dusky sharks, and

five sand tiger sharks for public display

and research by rod and reel as well as

by a short longline consisting of no

more than 50 hooks. Fishing will occur

in the Atlantic Ocean from

Massachusetts to Florida. Issuance of an

EFP is necessary, according to the

applicant, because the commercial

season for large coastal sharks is closed

for long periods of time and because

possession of sand tiger sharks is

prohibited. The applicant also requested

that the EFP authorize collection of

Atlantic thresher and mako sharks,

managed under the pelagics

management unit; however, as the

commercial season for pelagic sharks

has not closed to date, these species

may be possessed legally by obtaining a

Federal commercial shark permit, and

an EFP is not required.

The National Aquarium in Baltimore,

Inc., in Baltimore, MD, intends to

collect a maximum of five sandbar

sharks, one dusky shark, and one sand

tiger shark for public display and

research by two bottom set longlines,

each approximately 400 meters in

length and consisting of no more than

40 hooks. Fishing will occur in the

Atlantic Ocean off New Jersey. Issuance

of an EFP is necessary, according to the

applicant, because the commercial

season for large coastal sharks is closed

for long periods of time and because

possession of sand tiger sharks is

prohibited. The applicant also intends

to tag and release captured sharks,

collect blood samples for hematological

analyses, and return to the Delaware

Bay five captive sandbar sharks and

possibly one sand tiger shark.

Eric Pederson and Grady Sullivan, in

Marathon, FL, intend to collect a

maximum total of 40 sharks for public

display by rod and reel, cast net, and

single hook block lines. Shark species

collected may include bull sharks, sand

tiger sharks, lemon sharks, sandbar

sharks, blacktip sharks, tiger sharks, and

nurse sharks. Fishing will occur in

Federal waters off New York, Virginia,

North Carolina, South Carolina, Georgia,

and Florida, as well as in the

Chesapeake Bay. Issuance of an EFP is

necessary, according to the applicant,

because the commercial season for large

coastal sharks is closed for long periods

of time and because possession of sand

tiger sharks is prohibited. The applicant

also requested an EFP to collect sawfish;

however, as NMFS does not regulate

sawfish at this time, no EFP is necessary

to collect this species in Federal waters.

The proposed collections for public

display involve activities otherwise

prohibited by regulations implementing

the Fishery Management Plan for Sharks

of the Atlantic Ocean. The applicants

require authorization to fish for and to

possess large coastal sharks outside the

Federal commercial seasons and to fish

for and to possess prohibited species.

Based on a preliminary review, NMFS

finds that these applications warrant

further consideration. A final decision

on issuance of EFPs will depend on the

submission of all required information,

NMFS’ review of public comments

received on the applications,

conclusions of any environmental

analyses conducted pursuant to the

National Environmental Policy Act, and

on any consultations with any

appropriate Regional Fishery

Management Councils, states, or Federal

agencies.

Authority: 16 U.S.C. 1801 et seq.

Dated: May 29, 1998.

Bruce C. Morehead,

Acting Director, Office of Sustainable

Fisheries, National Marine Fisheries Service.

[FR Doc. 98–14873 Filed 6–3–98; 8:45 am]

BILLING CODE 3510–22–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

[I.D. 050198C]

Small Takes of Marine Mammals

Incidental to Specified Activities;

Tatoosh Island, WA Storage Tank

Removal Project

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Notice of proposed

authorization for a small take

exemption; request for comments.

SUMMARY: NMFS has received a request

from the U.S. Coast Guard’s Civil

Engineering Unit, Oakland, CA (U.S.

Coast Guard) for authorization to take

small numbers of California sea lions,

Pacific harbor seals, and Steller sea

lions by harassment incidental to

removing three underground storage

tanks (USTs) and one or two aboveground storage tanks (ASTs) at the Cape

Flattery Light Station on Tatoosh Island,

Callam County, WA. Under the Marine

Mammal Protection Act (MMPA), NMFS

is requesting comments on its proposal

to authorize the U.S. Coast Guard to

incidentally take, by Level B

harassment, small numbers of seals and

sea lions in the above-mentioned area

after September 1, 1998.

DATES: Comments and information must

be received on or before July 6, 1998.

ADDRESSES: Comments on the

application should be addressed to

Chief, Marine Mammal Division, Office

of Protected Resources, National Marine

Fisheries Service, 1315 East-West

Highway, Silver Spring, MD 20910–

3225. A copy of the application, and/or

a list of references used in this

document may be obtained by writing to

this address or by telephoning one of

the contacts listed here.

FOR FURTHER INFORMATION CONTACT:

Kenneth Hollingshead, Office of

Protected Resources at 301–713–2055,
Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices 30477

or Brent Norberg, Northwest Regional

Office at 206–526–6733.

SUPPLEMENTARY INFORMATION:

Background

Section 101(a)(5)(A) and (D) of the

MMPA (16 U.S.C. 1361 et seq.) directs

the Secretary of Commerce to allow,

upon request, the incidental, but not

intentional, taking of marine mammals

by U.S. citizens who engage in a

specified activity (other than

commercial fishing) within a specified

geographical region if certain findings

are made and either regulations are

issued or, if the taking is limited to

harassment, a notice of a proposed

authorization is provided to the public

for review.

Permission may be granted 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 and that the

permissible methods of taking and

requirements pertaining to the

monitoring and reporting of such

takings are set forth. NMFS has defined

‘‘negligible impact’’ in 50 CFR 216.103

as ‘‘ ...an impact resulting from the

specified activity that cannot be

reasonably expected to, and is not

reasonably likely to, adversely affect the

species or stock through effects on

annual rates of recruitment or survival.’’

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

Mammal Protection Act established an

expedited process by which citizens of

the United States can apply for an

authorization to incidentally take small

numbers of marine mammals by

harassment. The MMPA now defines

‘‘harassment’’ as:

...any act of pursuit, torment, or annoyance

which (a) has the potential to injure a marine

mammal or marine mammal stock in the

wild; or (b) 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.

Subsection 101(a)(5)(D) establishes a

45-day time limit for NMFS review of an

application followed by a 30-day public

notice and comment period on any

proposed authorizations for the

incidental harassment of small numbers

of marine mammals. Within 45 days of

the close of the comment period, NMFS

must either issue or deny issuance of

the authorization.

Summary of Request

On April 27, 1998, NMFS received a

request from the U.S. Coast Guard for

authorization to take small numbers of

California sea lions (Zalophus

californianus), Pacific harbor seals

(Phoca vitulina), and Steller sea lions

(Eumetopias jubatus) by harassment

incidental to removing three USTs and

one or two ASTs at the Cape Flattery

Light Station on Tatoosh Island, Callam

County, WA.

The expected impact on marine

mammals will be from the noise created

by the arrival and departure of heavylift, tandem-rotor helicopters. Heavy-lift

helicopters will be used to sling

equipment and materials to and from

the project. The most common heavy-lift

helicopters commercially available in

the Pacific Northwest are the Boeing 234

Chinook and Vertol 107–II.

Large equipment and materials will be

slung 30 to 50 ft below the helicopter,

depending upon the load’s dynamics.

Personnel, small equipment, and

supplies will be carried internally.

Materials removed from the site will

include two 500–gallon (1,892.5–ltr)

USTs, a 1,000–gallon (3,785–ltr) UST,

contaminated water (estimated at 2,000

gallons (7,570 ltrs), contaminated soil

(estimated at 15 cubic yards (11.5 m3),

a 33,000–gallon (124,905–ltr) AST, and

possibly a 2,000–gallon (7,570–ltr) AST.

Removal of the USTs and ASTs will

take place over a 3-week period

commencing on or about September 1,

1998. During approximately 4 days of

work during that 3-week period,

helicopters will make approximately 23

trips to and from the site. It should be

noted that this activity is required by 40

CFR part 280 subpart G, Out-of-Service

UST Systems and Closure and is

necessary to protect the environment

from leaking UST/ASTs.

Description of Marine Mammals

Affected by the Activity

California sea lions, Pacific harbor

seals, and Steller sea lions are the three

species expected to be impacted by the

UST and AST removal. Information

additional to the information provided

here can be found in Barlow et al. (1995,

1997).

Harbor Seal

The harbor seal is the most abundant

pinniped in Washington State with 319

haulouts in the state. They are present

all year, but peak harbor seal abundance

on land occurs from May through July

or August, followed by a sharp decline

in abundance in the fall and winter.

Along the coast of Washington, pupping

occurs in May/June. Pups are weaned at

approximately 4 weeks, and nursery

sites are then abandoned.

Studies of harbor seal populations in

the Northwest suggest a growth rate of

approximately 7.0 percent for the

population from 1978 to 1993, slowing

somewhat from 1991 to 1993 to

approximately 3.7 percent (Huber et al.,

1995). In 1993, the Washington

population was estimated at over 34,000

(Huber, 1995). Harbor seals are common

throughout the waters of the Strait of

Juan de Fuca; 200 harbor seals are

estimated to be on Tatoosh Island

during September (Pat Gearin, pers.

comm).

California Sea Lion

The population of California sea lions

ranges from Mexico to Vancouver Island

(NMFS, 1992, 1997). Along

Washington’s outer coast, the greatest

number of sea lions is present in

October and November. A spring peak

in numbers occurs offshore Oregon as

animals from British Columbia and

Washington pass Oregon and northern

California as they return to rookeries in

southern California.

Since nearing extinction in the early

part of this century, their numbers have

increased at approximately 5 percent

per year (Barlow et al., 1995). In the

U.S., they breed during July after

pupping in late May to June, primarily

in the Channel Islands of California.

Nearly all animals in Washington are

non-breeding males. Few females and

no pups have been sighted, so the

breeding stock of this species will not be

affected by the activity. California sea

lions migrate northward into, and

remain in, Washington waters from

September until June. Southward

migration peaks in Washington in

March and April.

Population estimates for the species

range from 167,000 to 188,000 (Barlow

et al., 1997). The number of California

sea lions on Tatoosh Island during

September is estimated at 50 (Pat

Gearin, NMML, pers. comm).

Steller Sea Lion

The Steller sea lion has been divided

into two groups along a line in the

western Gulf of Alaska. In 1990, the

entire sea lion population was listed as

threatened under the Endangered

Species Act (ESA) because of

pronounced declines in the western

group.

Breeding begins uniformly throughout

the sea lion’s range in mid-May, and the

highest pup counts occur in early July

(Bonnell et al., 1992). These mammals

prefer the outer coast of Washington and

the Strait of Juan de Fuca, especially in

late fall (Bonnell et al., 1992). This

species is common throughout most of

the area, especially near the entrance to

the Strait of Juan de Fuca. Hill et al.

(1997) estimate the population size for

the eastern stock of this species at
30478 Federal Register / Vol. 63, No. 107 /Thursday, June 4, 1998 / Notices

23,900. As many as 300 Steller sea lions

have been found using Tatoosh haulouts

during the time the project will occur

(Gearin and Jeffries, 1996).

Potential Effects on Marine Mammals

The noise from the helicopters

passing overhead is likely to startle any

pinnipeds ashore at the time and result

in their leaving the land for the water.

Safety concerns will dictate the

direction of arrival and departure but it

is likely that many flights will be

sufficiently close to one or more haulouts that pinnipeds ashore at the time

will flee to the water. Hovering, which

causes the most noise, will be limited to

the time it takes to unsling the

equipment at the UST/AST removal site

on the top of the island. Except for

helicopter operations, all other activities

associated with the UST/AST removals

will take place either on the mainland

or on top of the island and should have

no effect on the seals and sea lions.

There are four haulout sites on or near

Tatoosh Island, which is part of the

Makah Nation. These sites are used by

Steller sea lions, Pacific harbor seals,

and California sea lions.

Seals and sea lions haul out onto dry

land for various biological reasons,

including sleep (Krieber and Barrette,

1984; Terhune, 1985), predator

avoidance, and thermoregulation

(Barnett, 1992). For example, harbor

seals spend most of the evening and

nighttime hours in the ocean (Bowles

and Stewart, 1980), and hauled-out seals

spend much of their daytime hours in

apparent sleep (Krieber and Barrette,

1984; Terhune, 1985). In addition to

sleep, seals and sea lions apparently

leave the ocean to avoid aquatic

predators and excessive heat loss to the

sea water (Barnett, 1992).

However, the advantages of hauling

out are counterbalanced by dangers of

the terrestrial environment, including

predators. Because of these opposing

biological forces, haulout groups are

often temporary, unstable aggregations

(Sullivan, 1982).

The size of the haulout group is

thought to be an anti-predator strategy

(da Silva and Terhune, 1988). By

increasing their numbers at a haulout

site, seals (and sea lions) optimize the

opportunities for sleep by minimizing

the requirement for individual vigilance

against predators (Krieber and Barrette,

1984). This relationship between seals

and their predators is thought to have

represented a strong selection pressure

for startle behavior patterns (da Silva

and Terhune, 1988). As a result, harbor

seals, which have been subjected to

extensive predation and hunting, rush

into the water at the slightest alarm

(Arseniev, 1986) unless they have

become habituated to the disturbance

(Lagomarsino, pers. commn.).

Startle response in harbor seals can

vary from a temporary state of agitation

by a few individuals to the complete

abandonment of the beach area by the

entire colony. Normally, when harbor

seals are frightened by noise or by the

approach of a boat, plane, human, or

potential predator, they will move

rapidly to the relative safety of the

water. Depending upon the severity of

the disturbance, seals may return to the

original haulout site immediately, stay

in the water for some length of time

before hauling out, or haul out in a

different area. When disturbances occur

late in the day, harbor seals may not

haul out again until the next day.

The total number of incidental

harassment takes to the seals and sea

lions is estimated by the applicant at

12,650. The number by species is:

Stellers, 6,900; harbor seal, 4,600; and

California sea lions, 1,150. This estimate

uses the maximum potentional number

of animals (550) and 23 flights. The U.S.

Coast Guard believes the number should

be significantly less because each flight

may not have the same impact on each

haulout. It is also likely that, as the

noise impacts continue, animals will

temporarily leave the haulout for other

haulouts rather than return only to be

driven away again.

Mitigation

Because access to Tatoosh Island is

limited to small boats and foot traffic,

use of helicopters is the only identified

means to remove the UST/ASTs. The

U.S. Coast Guard has scheduled the

work to avoid the pupping and molting

season for harbor seals.

NMFS proposes to require the

helicopters remain at the greatest

altitude practicable prior to landing on

Tatoosh Island, to attain the greatest

altitude practicable at time of takeoff,

and to avoid direct overflights of the

haulouts.

Monitoring and Reporting

During any time that helicopter

activities are undertaken, monitoring is

proposed to be conducted by a

minimum of one trained biologist who

is approved in advance by NMFS.

Observations will be made at the

haulout site nearest the planned flight

path of the helicopter. If neither seals

nor sea lions are ashore at the time of

the flight, observations will be made at

the next nearest haulout site. The U.S.

Coast Guard will provide a report to

NMFS within 120 days of the

completion of the project. This report

will provide dates and locations of

operations, details of marine mammal

sightings, including the number of

pinipeds, by species and haulout

location, that fled from the beach

because of helicopter activities, the

number returning subsequent to the

disruption, and estimates of the amount

and nature of all takes by harassment.

Consultation

Under section 7 of the Endangered

Species Act, NMFS has begun

consultation on the proposed issuance

of an incidental harassment

authorization. Consultation will be

concluded upon completion of the

comment period and taking into

consideration those comments received

on the proposed issuance of an

authorization.

Conclusions

NMFS has preliminarily determined

that the short-term impact of four days

of helicopter flights over Tatoosh Island

is expected to result in a temporary

reduction in utilization of the haulout as

seals and sea lions leave the beach for

the safety of the water. Helicopter

activity is not expected to result in any

reduction in the number of harbor seals,

California sea lions, or Steller sea lions,

and these species are expected to

continue to occupy the same area. This

behavioral change is expected to have a

negligible impact on the animals.

Additionally, there will not be any

impact on the habitat itself.

Proposed Authorization

NMFS proposes to issue an incidental

harassment authorization to the U.S.

Coast Guard for possible Level B

harassment of small numbers of

California sea lions, Pacific harbor seals,

and Steller sea lions. NMFS has

preliminarily determined that the

proposed activities would result in the

harassment of only small numbers of

each of these species of marine

mammals and would have no more than

a negligible impact on these marine

mammal stocks.

Information Solicited

NMFS requests interested persons to

submit comments, information, and

suggestions concerning this request (see

ADDRESSES).

Dated: May 29, 1998.

Patricia A. Montanio,

Deputy Director, Office of Protected

Resources, National Marine Fisheries Service.

[FR Doc. 98–14872 Filed 6–3–98; 8:45 am]

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