Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34659 

presentations will be posted to the 

SWAG website (https://

www.weather.gov/swag). The agenda, 

speakers and times are subject to 

change. For updates, please check the 

SWAG website (https://

www.weather.gov/swag). 

Public comments directed to the 

SWAG members and SWAG related 

topics are encouraged. Individuals or 

groups who would like to submit 

advance written comments, please email 

them to jennifer.meehan@noaa.gov by 

June 10, 2022 to provide sufficient time 

for SWAG review. Written comments 

received after these dates will be 

distributed to the SWAG but may not be 

reviewed prior to the meeting date. As 

time allows, public comments will be 

read into the public record during the 

meeting. Advance comments will be 

collated and posted to the meeting 

website. 

Dated: June 1, 2022. 

Michael Farrar, 

Director, National Centers for Environmental 

Prediction, National Weather Service, 

National Oceanic and Atmospheric 

Administration. 

[FR Doc. 2022–12199 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–KE–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC065] 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to the Punta 

Gorda Lighthouse Stabilization Project 

in Humboldt County, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization (IHA). 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that NMFS has issued an IHA to the 

Bureau of Land Management (BLM) to 

incidentally harass marine mammals 

during construction activities associated 

with the Punta Gorda Lighthouse (PGL) 

Stabilization Project in Humboldt 

County, California. There are no 

changes from the proposed 

authorization in this final authorization. 

DATES: This Authorization is effective 

from June 1, 2022 through October 1, 

2022. 

FOR FURTHER INFORMATION CONTACT: 

Amy Fowler, Office of Protected 

Resources, NMFS, (301) 427–8401. 

Electronic copies of the application and 

supporting documents, as well as a list 

of the references cited in this document, 

may be obtained online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/incidentaltake-authorizations-constructionactivities. In case of problems accessing 

these documents, please call the contact 

listed above. 

SUPPLEMENTARY INFORMATION: 

Background 

The MMPA prohibits the ‘‘take’’ of 

marine mammals, with certain 

exceptions. 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 

proposed or, if the taking is limited to 

harassment, a notice of a proposed 

incidental harassment authorization is 

provided to the public for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s) and will not have 

an unmitigable adverse impact on the 

availability of the species or stock(s) for 

taking for subsistence uses (where 

relevant). Further, NMFS must prescribe 

the permissible methods of taking and 

other ‘‘means of effecting the least 

practicable adverse impact’’ on the 

affected species or stocks and their 

habitat, paying particular attention to 

rookeries, mating grounds, and areas of 

similar significance, and on the 

availability of the species or stocks for 

taking for certain subsistence uses 

(referred to in shorthand as 

‘‘mitigation’’); and requirements 

pertaining to the mitigation, monitoring 

and reporting of the takings are set forth. 

Summary of Request 

On August 30, 2021, NMFS received 

a request from the BLM for an IHA to 

take marine mammals incidental to the 

PGL Stabilization Project in Humboldt 

County, California. The application was 

deemed adequate and complete on 

February 15, 2022. The BLM’s request is 

for take of a small number of northern 

elephant seals (Mirounga angustirostris), 

Pacific harbor seals (Phoca vitulina 

richardii), California sea lions 

(Zalophus californianus), and Steller 

sea lions (Eumetopias jubatus) by Level 

B harassment only. Neither the BLM nor 

NMFS expects serious injury or 

mortality to result from this activity 

and, therefore, an IHA is appropriate. 

There are no changes from the 

proposed IHA to the final IHA. 

Description of Planned Activity 

Overview 

The PGL was established as an aid to 

navigation in 1912 along the northern 

California coast. While in use, the 

lighthouse station included the 

lighthouse, oil house, three residences, 

and numerous other small buildings 

typical of small military outposts. 

Although the lighthouse is located on 

the mainland, maintaining the station in 

the remote and rugged location along 

the coast proved to be too difficult and 

the U.S. Coast Guard decommissioned 

the lighthouse in 1951. The BLM 

assumed management of the site 

following the PGL’s decommission but 

was unable to keep up with the 

maintenance and after the windy ocean 

environment took a toll on the site, the 

BLM intentionally burned down the 

wooden structures of the station. The 

concrete lighthouse and oil house were 

all that remained when the site was 

listed in the National Registry of 

Historic Places in 1976. 

The BLM plans to stabilize the 

lighthouse site, repair the remaining 

structures, and rebuild former structures 

between June 1, 2022 and October 1, 

2022 on up to 122 days of work. The 

lighthouse is located along the Lost 

Coast Trail, which extends from the 

Mattole River to Shelter Cove, 

California, covering approximately 40 

kilometers (km) (24.8 miles (mi)).The 

BLM will access the PGL by traveling 

along the coast from the north, 

originating at either the Windy Point 

Trailhead or the Trailhead at the 

Mattole Campground. 

A detailed description of the planned 

construction activities at the PGL is 

provided in the Federal Register notice 

of the proposed IHA (87 FR 24517; April 

26, 2022). Since that time, no changes 

have been made to the project activities. 

Therefore, a detailed description is not 

provided here. Please refer to that 

Federal Register notice for the 

description of the specified activities. 

Mitigation, monitoring, and reporting 

measures are described in detail later in 

this document (please see Mitigation 

and Monitoring and Reporting sections). 

Comments and Responses 

A notice of NMFS’ proposal to issue 

an IHA to the BLM was published in the 

Federal Register on April 26, 2022 (87 

FR 24517). That notice described, in 


jspears on DSK121TN23PROD with NOTICES1
34660 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

detail, the BLM’s activities, the marine 

mammal species that may be affected by 

the activities, and the anticipated effects 

on marine mammals. In that notice, we 

requested public input on the request 

for authorization described therein, our 

analyses, the proposed authorization, 

and any other aspect of the notice of 

proposed IHA, and requested that 

interested persons submit relevant 

information, suggestions, and 

comments. This proposed notice was 

available for a 30-day public comment 

period. 

During the public comment period, 

NMFS received no public comments. 

Description of Marine Mammals in the 

Area of Specified Activities 

Sections 3 and 4 of the application 

summarize available information 

regarding status and trends, distribution 

and habitat preferences, and behavior 

and life history of the potentially 

affected species. NMFS fully considered 

all of this information, and we refer the 

reader to these descriptions, 

incorporated here by reference, instead 

of reprinting the information. 

Additional information regarding 

population trends and threats may be 

found in NMFS’ Stock Assessment 

Reports (SARs; www.fisheries.noaa.gov/ 

national/marine-mammal-protection/ 

marine-mammal-stock-assessments) 

and more general information about 

these species (e.g., physical and 

behavioral descriptions) may be found 

on NMFS’ website (https://

www.fisheries.noaa.gov/find-species). 

Table 1 lists all species or stocks for 

which take is expected and authorized 

for the BLM’s activities, and 

summarizes information related to the 

population or stock, including 

regulatory status under the MMPA and 

Endangered Species Act (ESA) and 

potential biological removal (PBR), 

where known. PBR is defined by the 

MMPA as the maximum number of 

animals, not including natural 

mortalities, that may be removed from a 

marine mammal stock while allowing 

that stock to reach or maintain its 

optimum sustainable population (as 

described in NMFS’ SARs). While no 

serious injury or mortality is anticipated 

or authorized here, PBR and annual 

serious injury and mortality from 

anthropogenic sources are included here 

as gross indicators of the status of the 

species and other threats. 

Marine mammal abundance estimates 

presented in this document represent 

the total number of individuals that 

make up a given stock or the total 

number estimated within a particular 

study or survey area. NMFS’ stock 

abundance estimates for most species 

represent the total estimate of 

individuals within the geographic area, 

if known, that comprises that stock. For 

some species, this geographic area may 

extend beyond U.S. waters. All managed 

stocks in this region are assessed in 

NMFS’ U.S. Pacific and Alaska SARs. 

All values presented in Table 1 are the 

most recent available at the time of 

publication and are available in the 

2020 SARs (Carretta et al., 2021; Muto 

et al., 2021) and draft 2021 SARs 

(available online at: https://

www.fisheries.noaa.gov/national/ 

marine-mammal-protection/draftmarine-mammal-stock-assessmentreports). 

TABLE 1—SPECIES LIKELY IMPACTED BY THE SPECIFIED ACTIVITIES

Common name Scientific name Stock 

ESA/ 

MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, most recent 

abundance survey) 2

PBR Annual 

M/SI 3

Order Carnivora—Superfamily Pinnipedia 

Family Otariidae (eared seals and 

sea lions): 

Steller Sea Lion ...................... Eumetopias jubatus ........... Eastern U.S ....................... -, -, N 43,201 (see SAR, 43,201, 2017) .. 2,592 112 

California Sea Lion ................. Zalophus californianus ....... U.S ..................................... -, -, N 257,606 (N/A, 233,515, 2014) ...... 14,011 >320 

Family Phocidae (earless seals): 

Northern Elephant Seal .......... Mirounga angustirostris ..... California Breeding ............ -, -, N 187,386 (N/A, 85,369, 2013) ........ 5,122 13.7 

Harbor Seal ............................ Phoca vitulina .................... California ............................ -, -, N 30,968 (N/A, 27,348, 2012) .......... 1,641 43 

1Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the 

ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or 

which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically 

designated under the MMPA as depleted and as a strategic stock. 2 NMFS marine mammal stock assessment reports online at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments. CV is 

coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. 3These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated 

mortality due to commercial fisheries is presented in some cases. 

As indicated above, all four species 

(with four managed stocks) in Table 1 

temporally and spatially co-occur with 

the activity to the degree that take is 

reasonably likely to occur. 

A detailed description of the species 

likely to be affected by the BLM’s 

activities, including information 

regarding population trends and threats, 

and information regarding local 

occurrence, were provided in the 

Federal Register notice for the proposed 

IHAs (87 FR 24517; April 26, 2022). 

Since that time, we are not aware of any 

changes in this information or the status 

of these species and stocks; therefore, 

detailed descriptions are not provided 

here. Please refer to that Federal 

Register notice for those descriptions. 

Please also refer to NMFS’s website 

(https://www.fisheries.noaa.gov/findspecies) for generalized species 

accounts. 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

Acoustic and visual stimuli generated 

by personnel working at the PGL and 

traversing the beach to access the work 

site, noise from construction equipment 

operating at the PGL, and helicopters 

hovering over the site to transport 

equipment and supplies may have the 

potential to cause behavioral 

disturbance (Level B harassment) of 

marine mammals in the vicinity of the 

project area. The Federal Register notice 

of proposed IHA (87 FR 24517; April 26, 

2022) included a discussion of the 

effects of anthropogenic activity on 

marine mammals and their habitat. That 

information and analysis is incorporated 

by reference into the final determination 

for the IHA and is not repeated here; 

please refer to the notice of proposed 

IHA (87 FR 24517; April 26, 2022). 

The Estimated Take section later in 

this document includes a quantitative 

analysis of the number of individuals 

that are expected to be taken by this 

activity. The Negligible Impact Analysis 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34661 

and Determination section considers the 

content of this section, the Estimated 

Take section, and the Mitigation section, 

to draw conclusions regarding the likely 

impacts of these activities on the 

reproductive success or survivorship of 

individuals and whether those impacts 

are reasonably expected to, or 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival. 

Estimated Take 

This section provides an estimate of 

the number of incidental takes 

authorized through this IHA, which will 

inform both NMFS’ consideration of 

‘‘small numbers’’ and the negligible 

impact determinations. 

Harassment is the only type of take 

expected to result from these activities. 

Except with respect to certain activities 

not pertinent here, section 3(18) of 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). 

Authorized takes are by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to construction personnel 

and equipment, including helicopters 

used to transport materials. Based on 

the nature of the activity, Level A 

harassment is neither anticipated nor 

authorized. For the BLM’s planned 

activities, behavioral (Level B) 

harassment is limited to movement and 

flushing, defined by the disturbance 

scale of pinniped responses to in-air 

sources to determine take. 

The presence of construction 

personnel may have the potential to 

cause Level B harassment of marine 

mammals hauled-out at the PGL and 

along the planned access routes. 

Disturbance includes a variety of effects, 

from 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 

BLM’s construction personnel (e.g., 

turning the head, assuming a more 

upright posture) to flushing from the 

haulout 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 two body lengths or longer, 

or if already moving, a change of 

direction of greater than 90 degrees in 

response to the disturbance, or 

pinnipeds that flush into the water, are 

behaviorally harassed, and thus 

considered incidentally taken by Level 

B harassment. NMFS uses a 3-point 

scale (Table 2) to determine which 

disturbance reactions constitute take 

under the MMPA. Levels 2 and 3 

(movement and flush) are considered 

take, whereas level 1 (alert) is not. 

Animals that respond to the presence of 

BLM personnel 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. 

TABLE 2—DISTURBANCE SCALE OF PINNIPED RESPONSES TO IN-AIR SOURCES TO DETERMINE TAKE

Level Type of response Definition 

1 ...................... Alert ......................................... Seal head orientation or brief movement 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, changing from a lying to a sitting position, or brief movement of less 

than twice the animal’s body length. 

2 * .................... Movement ................................ Movements in response to the source of disturbance, ranging from short withdrawals at least 

twice the animal’s body length to longer retreats over the beach, or if already moving a 

change of direction of greater than 90 degrees. 

3 * .................... Flush ........................................ All retreats (flushes) to the water. 

* Only Levels 2 and 3 are considered take under the MMPA, whereas Level 1 is not. 

As described previously, no serious 

injury or mortality is anticipated or 

authorized for this activity. Below we 

describe how the authorized take 

numbers are calculated. 

Marine Mammal Occurrence 

In this section we provide information 

about the occurrence of marine 

mammals, including density or other 

relevant information, that will inform 

the take calculations. 

Researchers from Humboldt State 

University (HSU) regularly conduct 

census counts of pinnipeds at the PGL 

and surrounding areas along the 

northern California coast (e.g., Goley et 

al., 2021). Counts of northern elephant 

seals and harbor seals at the PGL during 

the effective dates of the IHA (June 1 

through October 1) are presented below. 

TABLE 3—NORTHERN ELEPHANT SEAL CENSUS COUNTS

2019 Counts 2020 Counts 

Date Number of seals 

observed Date Number of seals observed 

June 8 ..................................................................... 101 June 4 .................................................................... 177 

June 15 ................................................................... 74 June 11 .................................................................. 83 

June 23 ................................................................... 34 June 14 .................................................................. 80 

July 7 ...................................................................... 40 June 24 .................................................................. 37 

July 14 .................................................................... 50 June 27 .................................................................. 38 

July 21 .................................................................... 54 July 4 ...................................................................... 36 

August 3 .................................................................. 39 July 12 .................................................................... 39 

August 21 ................................................................ 44 July 16 .................................................................... 38 

August 31 ................................................................ 62 July 24 .................................................................... 36 


jspears on DSK121TN23PROD with NOTICES1
34662 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

TABLE 3—NORTHERN ELEPHANT SEAL CENSUS COUNTS—Continued 

2019 Counts 2020 Counts 

Date Number of seals 

observed Date Number of seals observed 

September 15 ......................................................... 162 July 30 .................................................................... 38 

September 27 ......................................................... 244 August 6 ................................................................. 32 

August 9 ................................................................. 28 

August 13 ............................................................... 28 

August 20 ............................................................... 27 

August 27 ............................................................... 33 

August 30 ............................................................... 48 

September 5 ........................................................... 60 

September 19 ......................................................... 133 

September 27 ......................................................... 177 

The average daily count of elephant 

seals at the PGL during the effective 

dates of the IHA (June 1 through 

October 1) was 82.2 in 2019 and 61.5 in 

2020. Across both years, the average 

daily count was 69.1 elephant seals 

(Goley et al., 2021). A large portion of 

the elephant seals present at the PGL are 

uniquely tagged and dye stamped to 

identify individuals, and the same 

individuals were identified at the PGL 

haulout on multiple days. 

TABLE 4—HARBOR SEAL CENSUS COUNTS

2019 Counts 2020 Counts 

Date Number of seals 

observed Date Number of seals observed 

June 8 ..................................................................... 51 June 14 .................................................................. 55 

June 15 ................................................................... 107 June 27 .................................................................. 77 

June 23 ................................................................... 81 July 12 .................................................................... 90 

July 7 ...................................................................... 116 July 24 .................................................................... 123 

July 14 .................................................................... 180 August 9 ................................................................. 73 

July 21 .................................................................... 123 August 30 ............................................................... 36 

August 3 .................................................................. 105 September 5 ........................................................... 38 

August 21 ................................................................ 80 September 19 ......................................................... 51 

August 31 ................................................................ 22 September 27 ......................................................... 53 

September 15 ......................................................... 22 ................................................................................. ..............................

September 27 ......................................................... 28 ................................................................................. ..............................

The average daily count of harbor 

seals at the PGL during the effective 

dates of the IHA (June 1 through 

October 1) was 83.2 in 2019 and 66.2 in 

2020. Across both years, the average 

daily count was 75.55 harbor seals 

(Goley et al., 2021). The harbor seals 

present at the PGL are not tagged or 

otherwise clearly identifiable, but since 

harbor seals typically show high 

philopatry (e.g., Waring et al., 2016; 

Wood et al., 2011), researchers from 

HSU hypothesize that the harbor seal 

colony at the PGL is made up of the 

same individuals that move between 

Punta Gorda and other nearby haulouts. 

Take Estimation 

Here we describe how the information 

provided above is synthesized to 

produce a quantitative estimate of the 

take that is reasonably likely to occur 

and has been authorized. 

To estimate the total number of 

northern elephant seals and harbor seals 

that may be present at the PGL and 

subject to behavioral disturbance from 

the PGL stabilization project, the BLM 

multiplied the daily count of each 

species averaged across the two years of 

census data (69.1 elephant seals and 

75.55 harbor seals) by the maximum 

days of work at the PGL (122 days), for 

a total estimate of 8,431 northern 

elephant seals and 9,218 harbor seals 

taken by Level B harassment. This 

estimation assumes that all animals 

present would exhibit behavioral 

responses that are considered take 

(Levels 2 and 3 as described in Table 2). 

As described above, many of the seals 

present at the PGL are suspected or 

confirmed to be present across multiple 

days. Therefore, the above estimated 

take numbers are considered to 

represent instances of take, not 

necessarily the number of individual 

seals that may be taken. 

California sea lions and Steller sea 

lions have not been observed hauled-out 

at the PGL, but have been observed in 

the water near the PGL and at nearby 

haulouts along the Lost Coast Trail. The 

BLM assumes that no more than 5 

individual California sea lions and 

Steller sea lions may haul-out at the 

PGL or along the access route and be 

taken by Level B harassment. 

TABLE 5—AUTHORIZED TAKE BY LEVEL B HARASSMENT BY SPECIES AND PERCENTAGE OF EACH STOCK AFFECTED

Species Stock 

Authorized 

take by 

Level B 

harassment 

Stock 

abundance 

Percent of 

stock 

Northern elephant seal ................................... California breeding ......................................... a 8,431 187,386 4.5 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34663 

TABLE 5—AUTHORIZED TAKE BY LEVEL B HARASSMENT BY SPECIES AND PERCENTAGE OF EACH STOCK AFFECTED— 

Continued 

Species Stock 

Authorized 

take by 

Level B 

harassment 

Stock 

abundance 

Percent of 

stock 

Pacific harbor seal .......................................... California ........................................................ a 9,218 30,968 29.8 

California sea lion ........................................... U.S ................................................................. 5 257,606 <0.01 

Steller sea lion ................................................ Eastern U.S .................................................... 5 43,201 0.01 

aThe authorized take represents the estimated number of instances of take, which does not necessarily equate to the number of individuals 

that may be taken. 

Mitigation 

In order to issue an IHA under section 

101(a)(5)(D) of the MMPA, NMFS must 

set forth the permissible methods of 

taking pursuant to the activity, and 

other means of effecting the least 

practicable impact on the species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of the species or stock 

for taking for certain subsistence uses 

(latter not applicable for this action). 

NMFS regulations require applicants for 

incidental take authorizations to include 

information about the availability and 

feasibility (economic and technological) 

of equipment, methods, and manner of 

conducting the activity or other means 

of effecting the least practicable adverse 

impact upon the affected species or 

stocks, and their habitat (50 CFR 

216.104(a)(11)). 

In evaluating how mitigation may or 

may not be appropriate to ensure the 

least practicable adverse impact on 

species or stocks and their habitat, as 

well as subsistence uses where 

applicable, NMFS considers two 

primary factors: 

(1) The manner in which, and the 

degree to which, the successful 

implementation of the measure(s) is 

expected to reduce impacts to marine 

mammals, marine mammal species or 

stocks, and their habitat, as well as 

subsistence uses. This considers the 

nature of the potential adverse impact 

being mitigated (likelihood, scope, 

range). It further considers the 

likelihood that the measure will be 

effective if implemented (probability of 

accomplishing the mitigating result if 

implemented as planned), the 

likelihood of effective implementation 

(probability implemented as planned), 

and; 

(2) The practicability of the measures 

for applicant implementation, which 

may consider such things as cost, and 

impact on operations. 

The following mitigation measures are 

required: 

The work season has been planned to 

reduce the level of impact on elephant 

and harbor seals. The effective dates of 

the IHA (June 1, 2022 through October 

1, 2022) occurs when the elephant seal 

population is at its lowest and any 

harbor seal pups that may be on site 

would be old enough to be selfsufficient if the colony temporarily 

flushes into the water. No elephant seal 

pups will be present during the work 

season. 

Whenever possible, the BLM must 

utilize the access route that begins at the 

Windy Point Trailhead, rather than the 

route that begins at the Mattole 

Campground, as that route requires a 

longer stretch of driving on the beach or 

marine terrace (approximately 5 km (3.1 

mi)) where harbor seals are more likely 

to be hauled-out. The preferred route 

from the Windy Point Trailhead 

requires only 1.25 km (0.78 mi) of 

driving on the beach and marine terrace. 

Utilizing the access route with the 

shortest amount of driving on the beach 

and marine terrace is expected to reduce 

the number of marine mammals that 

may be encountered and disturbed 

along the access route and minimize the 

impact of the vehicles on marine 

mammal habitat. 

To the extent possible, the BLM must 

limit the daily number of vehicle trips 

between the project area and the 

contractor’s offshore camp where 

additional tools and supplies would be 

stored in trailers or other storage 

containers. Additionally, to the extent 

possible, the BLM must utilize 

helicopters to deliver construction 

equipment to the PGL work site to 

reduce the number of vehicle trips that 

would be necessary to conduct the 

planned activities. 

While accessing the project site, at 

least one trained protected species 

observer (PSO) must monitor ahead of 

the vehicle(s) path, using binoculars if 

necessary, to detect any marine 

mammals prior to approach to 

determine if mitigation (e.g., change of 

course, slow down) is required. Vehicles 

must not approach within 20 m (65.6 ft) 

of marine mammals. If animals remain 

in the access path with no possible 

route to go around and maintain 20 m 

(65.6 ft) separation, personnel may exit 

the vehicle(s) to walk toward animals 

and intentionally flush them into the 

water to allow the vehicle(s) to proceed. 

To the extent possible, if multiple 

vehicles are traveling to the site, they 

must travel in a convoy such that 

animals are not potentially harassed 

more than once while the vehicles pass. 

A fence must be erected to keep 

elephant seals from entering the 

construction area to limit disturbance 

and prevent accidental injury from 

vehicles and construction debris. 

All helicopters associated with the 

project must slowly approach the work 

site and allow all marine mammals 

present to flush into the water before 

setting any hauled materials down on 

the ground. 

The BLM must cease or delay visits to 

the project site if a species for which the 

number of takes that have been 

authorized for a species are met, or if a 

species for which takes were not 

authorized, is observed (e.g., northern 

fur seals (Callorhinus ursinus) or 

Guadalupe fur seals (Arctocephalus 

townsendi)). 

The BLM must monitor for offshore 

predators and must not approach 

hauled-out pinnipeds if great white 

sharks (Carcharodon carcharias) or 

killer whales (Orcinus orca) are 

observed. If the BLM and/or its 

designees see pinniped predators in the 

area, they must not disturb the 

pinnipeds until the area is free of 

predators. 

Based on our evaluation of the 

applicant’s proposed measures, NMFS 

has determined that the required 

mitigation measures provide the means 

of effecting the least practicable impact 

on the affected species or stocks and 

their habitat, paying particular attention 

to rookeries, mating grounds, and areas 

of similar significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

activity, section 101(a)(5)(D) of the 


jspears on DSK121TN23PROD with NOTICES1
34664 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

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 are expected to be 

present while conducting the activities. 

Effective reporting is critical both to 

compliance as well as ensuring that the 

most value is obtained from the required 

monitoring. 

Monitoring and reporting 

requirements prescribed by NMFS 

should contribute to improved 

understanding of one or more of the 

following: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Visual Monitoring 

At least one NMFS-approved PSO 

must travel to and from the construction 

site ahead of the work crew each day 

and serve as a lead monitor to record 

incidental take. PSOs will consist of 

BLM wildlife biologists, biological 

technicians, and interns, as well as King 

Range National Conservation Area staff. 

At least one PSO must monitor the 

beach surrounding the PGL during all 

construction activities. 

PSOs must be approved by NMFS 

prior to beginning any activity subject to 

the IHA. PSOs must have the following 

qualifications: 

• Ability to conduct field 

observations and collect data according 

to assigned protocols; 

• Experience or training in the field 

identification of marine mammals, 

including the identification of 

behaviors; 

• Sufficient training, orientation, or 

experience with the construction 

operation to provide for personal safety 

during observations; 

• Writing skills sufficient to prepare a 

report of observations including but not 

limited to the number and species of 

marine mammals observed; dates and 

times when construction activities were 

conducted; dates, times, and reason for 

implementation of mitigation (or why 

mitigation was not implemented when 

required); and marine mammal 

behavior; and 

• Ability to communicate orally, by 

radio or in person, with project 

personnel to provide real-time 

information on marine mammals 

observed in the area as necessary. 

PSOs must record the following 

information for each day of work: 

• Date, time, and access route of each 

visit to the work site; 

• Information on the weather, 

including tidal state and estimated 

horizontal visibility; 

• Composition of marine mammals 

observed, such as species, sex, and life 

history stage (e.g., adult, sub-adult, 

pup); 

• The numbers (by species) of marine 

mammals observed during the activities; 

• Estimated number of marine 

mammals (by species) that may have 

been harassed during the activities; 

• Marine mammal disturbances 

according to a three-point scale of 

intensity (see Table 2); 

• Behavioral responses or 

modifications of behaviors that may be 

attributed to the specific activities, a 

description of the specific activities 

occurring during that time (e.g., 

pedestrian, vehicle, or helicopter 

approach), and any mitigation action 

taken; and 

• If applicable, note the presence of 

any offshore predators (date, time, 

number, and species) and any 

mitigation action taken. 

Reporting 

The BLM must report all observations 

of marked or tag-bearing pinnipeds or 

carcasses and unusual behaviors, 

distributions, or numbers of pinnipeds 

to the NMFS West Coast Regional 

Office. 

A draft marine mammal monitoring 

report must be submitted to NMFS 

within 90 days after the completion of 

each work season, or 60 days prior to 

the requested issuance date of any 

future IHAs for projects at the same 

location, whichever comes first. A final 

report must be prepared and submitted 

within 30 days following resolution of 

any comments on the draft report from 

NMFS. If no comments are received 

from NMFS on the draft report, the draft 

report will be considered the final 

report. All draft and final monitoring 

reports must be submitted to 

PR.ITP.MonitoringReports@noaa.gov 

and ITP.Fowler@noaa.gov. 

In addition to raw sightings data, the 

report must include: 

• A summary of the dates, times, site 

access route, and weather during all 

construction activities; 

• The numbers (by species) of marine 

mammals observed during the activities, 

by age and sex, if possible; 

• The estimated number of marine 

mammals (by species) that may have 

been harassed during the activities 

based on the three-point disturbance 

scale (Table 2); 

• Any behavioral responses or 

modifications of behaviors that may be 

attributed to the specific activities (e.g., 

flushing into the water, becoming alert 

and moving, rafting); and 

• A description of the 

implementation and effectiveness of the 

monitoring and mitigation measures of 

the IHA and full documentation of 

methods, results, and interpretation 

pertaining to all monitoring. 

Reporting Injured or Dead Marine 

Mammals 

In the event that the BLM or any other 

personnel involved in the activities 

discover an injured or dead marine 

mammal, the BLM must report the 

incident to the Office of Protected 

Resources (OPR) 

(PR.ITP.MonitoringReports@noaa.gov 

and ITP.Fowler@noaa.gov), NMFS (301– 

427–8401) and to the West Coast 

Regional Stranding Coordinator (866– 

767–6114) as soon as feasible. If the 

death or injury was clearly caused by 

the specified activity, the BLM must 

immediately cease the specified 

activities until NMFS is able to review 

the circumstances of the incident and 

determine what, if any, additional 

measures are appropriate to ensure 

compliance with the terms of the IHA. 

The BLM must not resume their 

activities until notified by NMFS. The 

report must include the following 

information: 


jspears on DSK121TN23PROD with NOTICES1
Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 34665 

• Time, date, and location (latitude/ 

longitude) of the first discovery (and 

updated location information if known 

and applicable); 

• Species identification (if known) or 

description of the animal(s) involved; 

• Condition of the animal(s) 

(including carcass condition if the 

animal is dead); 

• Observed behaviors of the 

animal(s), if alive; 

• If available, photographs or video 

footage of the animal(s); and 

• General circumstances under which 

the animal was discovered. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

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 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of 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 harassment, NMFS considers 

other factors, such as the likely nature 

of any impacts or responses (e.g., 

intensity, duration), the context of any 

impacts or responses (e.g., critical 

reproductive time or location, foraging 

impacts affecting energetics), as well as 

effects on habitat, and the likely 

effectiveness of the mitigation. We also 

assess the number, intensity, and 

context of estimated takes by evaluating 

this information relative to population 

status. Consistent with the 1989 

preamble for NMFS’ implementing 

regulations (54 FR 40338; September 29, 

1989), the impacts from other past and 

ongoing anthropogenic activities are 

incorporated into this analysis via their 

impacts on the baseline (e.g., as 

reflected in the regulatory status of the 

species, population size and growth rate 

where known, ongoing sources of 

human-caused mortality, or ambient 

noise levels). 

To avoid repetition, the discussion of 

our analysis applies to all the species 

listed in Table 5, given that the 

anticipated effects of this activity on 

these different marine mammal stocks 

are expected to be similar. There is little 

information about the nature or severity 

of the impacts, or the size, status, or 

structure of any of these species or 

stocks that would lead to a different 

analysis for this activity. Activities 

associated with the PGL stabilization 

project, as described previously, have 

the potential to disturb or displace 

marine mammals. Specifically, the 

specified activities may result in take, in 

the form of Level B harassment 

(behavioral disturbance) from in-air 

sounds and visual disturbance. Potential 

takes could occur if individual marine 

mammals are present nearby when 

activity is happening. 

No injuries or mortalities are 

anticipated to occur as a result of the 

PGL stabilization project and none are 

authorized. The risk of marine mammal 

injury, serious injury, or mortality 

associated with the planned 

construction project increases somewhat 

if disturbances occur during pupping 

season. These situations present 

increased potential for mothers and 

dependent pups to become separated 

and, if separated pairs do not quickly 

reunite, the risk of mortality to pups 

(e.g., through starvation) may increase. 

Separately, adult male elephant seals 

may trample elephant seal pups if 

disturbed, which could potentially 

result in the injury, serious injury, or 

mortality of the pups. However, the 

planned activities will occur outside of 

the elephant seal pupping season, 

therefore no elephant seal pups are 

expected to be present. Although the 

timing of the planned activities partially 

overlaps with harbor seal pupping 

season, the PGL is not a harbor seal 

rookery and few pups are anticipated to 

be encountered during the planned 

activities. Harbor seals are very 

precocious with only a short period of 

time in which separation of a mother 

from a pup could occur. The planned 

activities will occur late enough in the 

pupping season that any harbor seal 

pups present will likely be old enough 

to keep up with their mother in unlikely 

event of a stampede or other flushing 

event. The required mitigation measures 

(i.e., minimum separation distance, 

slow approaches, and minimizing 

vehicle trips to the PGL) generally 

preclude the possibility of behaviors, 

such as stampeding, that could result in 

extended separation of mothers and 

dependent pups or trampling of pups. 

Effects on individuals that are taken 

by Level B harassment, on the basis of 

reports in the literature as well as 

monitoring from other similar activities, 

will likely be limited to reactions such 

as alerts or movements away from the 

lighthouse structure, including flushing 

into the water. Most likely, individuals 

will simply move away from the 

acoustic or visual stimulus and be 

temporarily displaced from the areas. 

Monitoring reports from similar 

activities (e.g., Point Blue Conservation 

Science, 2020; University of California 

Santa Cruz Partnership for 

Interdisciplinary Studies of Coastal 

Oceans, 2021) have reported no 

apparently consequential behavioral 

reactions or long-term effects on marine 

mammal populations as noted above. 

Repeated exposures of individuals to 

relatively low levels of sound and visual 

disturbance outside of preferred habitat 

areas are unlikely to significantly 

disrupt critical behaviors or result in 

permanent abandonment of the haulout 

site. Thus, even repeated Level B 

harassment of some small subset of the 

overall stock is unlikely to result in any 

significant realized decrease in viability 

for the affected individuals, and thus 

would not result in any adverse impact 

to the stock as a whole. Level B 

harassment will be reduced to the level 

of least practicable adverse impact 

through use of mitigation measures 

described herein and, if sound and 

visual disturbance produced by project 

activities is sufficiently disturbing, 

animals are likely to simply avoid the 

area while the activity is occurring. 

Of the marine mammal species 

anticipated to occur in the planned 

activity areas, none are listed under the 

ESA and there are no known areas of 

biological importance in the project 

area. Taking into account the planned 

mitigation measures, effects to marine 

mammals are generally expected to be 

restricted to short-term changes in 

behavior or temporary displacement 

from haulout sites. The Lost Coast area 

has abundant haulout areas for 

pinnipeds to temporarily relocate, and 

marine mammals are expected to return 

to the area shortly after activities cease. 

No adverse effects to prey species are 

anticipated as no work would occur inwater, and habitat impacts are limited 

and highly localized, consisting of 

construction work at the existing 

lighthouse station and the transit of 

vehicles and equipment along the access 

route. 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 

required mitigation and monitoring 

measures, NMFS finds that the total 

marine mammal take from the BLM’s 

PGL stabilization project will not 

adversely affect annual rates of 

recruitment or survival and, therefore, 

will have a negligible impact on the 

affected species or stocks. 

In summary and as described above, 

the following factors primarily support 

our determination that the impacts 

resulting from this activity are not 


jspears on DSK121TN23PROD with NOTICES1
34666 Federal Register / Vol. 87, No. 109 / Tuesday, June 7, 2022 / Notices 

expected to adversely affect any of the 

species or stocks through effects on 

annual rates of recruitment or survival: 

• No serious injury, mortality, or 

Level A harassment is anticipated or 

authorized; 

• Few pups are expected to be 

disturbed, and would not be abandoned 

or otherwise harmed by other seals 

flushing from the area; 

• Effects of the activities would be 

limited to short-term, localized 

behavioral changes; 

• Marine mammals are expected to 

return to normal behavior during gaps 

in construction activity such that any 

behavioral effects of repeated exposures 

are not expected to negatively affect 

survival or reproductive success of any 

individuals or stock; 

• Nominal impacts to pinniped 

habitat are anticipated; 

• No biologically important areas 

have been identified in the project area; 

• There is abundant suitable habitat 

nearby for marine mammals to 

temporarily relocate; and 

• Mitigation measures are anticipated 

to be effective in minimizing the 

number and severity of takes by Level 

B harassment, which are expected to be 

of short duration. 

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 

required monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the BLM’s 

planned activity will have a negligible 

impact on all affected marine mammal 

species or stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under sections 101(a)(5)(A) and (D) of 

the MMPA for specified activities other 

than military readiness activities. The 

MMPA does not define small numbers 

and so, in practice, where estimated 

numbers are available, NMFS compares 

the number of individuals taken to the 

most appropriate estimation of 

abundance of the relevant species or 

stock in our determination of whether 

an authorization is limited to small 

numbers of marine mammals. When the 

predicted number of individuals to be 

taken is fewer than one-third of the 

species or stock abundance, the take is 

considered to be of small numbers. 

Additionally, other qualitative factors 

may be considered in the analysis, such 

as the temporal or spatial scale of the 

activities. 

The amount of take NMFS has 

authorized is below one-third of the 

estimated stock abundance of all species 

(in fact, take of individuals is less than 

5 percent of the abundance of all of the 

affected stocks except Pacific harbor 

seals, see Table 5). This is likely a 

conservative estimate because it 

assumes all takes are of different 

individual animals, which is likely not 

the case. Using tags and dye stamps, 

researchers from HSU have identified 

individual northern elephant seals 

across several days of monitoring at the 

PGL. Although harbor seals observed at 

the PGL are not typically tagged or 

marked, HSU researchers suggest that 

the harbor seals seen hauled-out at the 

PGL are likely the same individuals that 

move between Punta Gorda and other 

nearby haulouts. Therefore, many 

individuals that may be taken by Level 

B harassment are likely to be the same 

across consecutive days, but PSOs 

would count them as separate takes 

across days. 

Based on the analysis contained 

herein of the planned activity (including 

the required mitigation and monitoring 

measures) and the anticipated take of 

marine mammals, NMFS finds that 

small numbers of marine mammals 

would be taken relative to the 

population size of the affected species 

or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act 

Section 7(a)(2) of the Endangered 

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

1531 et seq.) requires that each Federal 

agency insure that any action it 

authorizes, funds, or carries out is not 

likely to jeopardize the continued 

existence of any endangered or 

threatened species or result in the 

destruction or adverse modification of 

designated critical habitat. To ensure 

ESA compliance for the issuance of 

IHAs, NMFS consults internally 

whenever we propose to authorize take 

for endangered or threatened species, in 

this case with the West Coast Regional 

Office. 

No incidental take of ESA-listed 

species is authorized or expected to 

result from this activity. Therefore, 

NMFS has determined that formal 

consultation under section 7 of the ESA 

is not required for this action. 

National Environmental Policy Act 

To comply with the National 

Environmental Policy Act of 1969 

(NEPA; 42 U.S.C. 4321 et seq.) and 

NOAA Administrative Order (NAO) 

216–6A, NMFS must review our 

proposed action (i.e., the issuance of an 

IHA) with respect to potential impacts 

on the human environment. 

This action is consistent with 

categories of activities identified in 

Categorical Exclusion B4 (IHAs with no 

anticipated serious injury or mortality) 

of the Companion Manual for NOAA 

Administrative Order 216–6A, which do 

not individually or cumulatively have 

the potential for significant impacts on 

the quality of the human environment 

and for which we have not identified 

any extraordinary circumstances that 

would preclude this categorical 

exclusion. Accordingly, NMFS has 

determined that the issuance of the IHA 

qualifies to be categorically excluded 

from further NEPA review. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to the BLM for 

conducting the PGL stabilization project 

in Humboldt County, California 

(effective from June 1, 2022 through 

October 1, 2022), with the previously 

discussed mitigation, monitoring, and 

reporting requirements incorporated. 

Dated: June 2, 2022. 

Catherine Marzin, 

Acting Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2022–12259 Filed 6–6–22; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

[RTID 0648–XC076] 

Fisheries of the Gulf of Mexico; 

Southeast Data, Assessment, and 

Review (SEDAR); Public Meeting 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of SEDAR 74 Post-Data 

Workshop Webinar II for Gulf of Mexico 

red snapper. 

SUMMARY: The SEDAR 74 assessment of 

Gulf of Mexico red snapper will consist 

of a Data workshop, a series of 

assessment webinars, and a Review 

workshop. See SUPPLEMENTARY

INFORMATION. 


jspears on DSK121TN23PROD with NOTICES1