[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Page 30918]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-10937]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC042]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Lighthouse Repair and Tour 
Operations at Northwest Seal Rock, California

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of Letter of Authorization (LOA).

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SUMMARY: Pursuant to the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, NMFS issued an LOA to the St. 
George Reef Lighthouse Preservation Society (Society) to take marine 
mammals incidental to conducting aircraft operations, lighthouse 
renovation, light maintenance activities, and tour operations on the 
St. George Reef Lighthouse Station (Station) on Northwest Seal Rock 
(NWSR).

DATES: This authorization is effective from May 15, 2022 through May 
14, 2023.

FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon 
request, the incidental, but not intentional, taking of small numbers 
of marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical region 
if certain findings are made and either regulations are issued or, if 
the taking is limited to harassment, a notice of a proposed 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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

    NMFS issued regulations governing the take of California sea lions 
(Zalophus californianus), harbor seals (Phoca vitulina), Steller sea 
lions (Eumetopias jubatus), and northern fur seals (Callorhinus 
ursinus), by Level B harassment only, incidental to lighthouse 
maintenance and preservation activities at NWSR, offshore of Crescent 
City, CA on April 15, 2022 (87 FR 22484). These regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
take of marine mammals during the specified activities. As further 
detailed in the regulations (50 CFR 217.57), adaptive management 
measures allow NMFS to modify or renew LOAs as necessary if doing so 
creates a reasonable likelihood of more effective mitigation and 
monitoring.
    This LOA for the first year of the Society's activities is valid 
from May 15, 2022 through May 14, 2023. The LOA includes the 
requirement for quarterly monitoring report submissions to ensure that 
implementation and compliance will be successful. NMFS will reevaluate 
the Society's implementation and compliance in accordance with the 
terms of the regulations and the one-year LOA before issuing any 
additional LOAs to the Society.

Authorization

    NMFS has issued an LOA (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock) to the Society for the 
potential harassment of small numbers of four marine mammal species 
incidental to conducting aircraft operations, lighthouse renovation, 
light maintenance activities, and tour operations at NWSR, provided the 
mitigation, monitoring and reporting requirements of the rulemaking are 
incorporated.

Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-10937 Filed 5-19-22; 8:45 am]
BILLING CODE 3510-22-P