[Federal Register Volume 73, Number 189 (Monday, September 29, 2008)]
[Notices]
[Pages 56556-56561]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-22819]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XK31


Small Takes of Marine Mammals Incidental to Specified Activities; 
Seabird and Pinniped Research Activities in Central California

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

ACTION:  Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY:  NMFS has received a request from PRBO Conservation Science 
(PRBO) for a one-year authorization to take small numbers of marine 
mammals by harassment incidental to conducting seabird and pinniped 
research activities on Southeast Farallon Island, A[ntilde]o Nuevo 
Island, and Point Reyes National Seashore in central California. 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS requests 
comments on its proposal to authorize PRBO to take, by Level B 
harassment, small numbers of several species of pinnipeds at Southeast 
Farallon Island, A[ntilde]o Nuevo

[[Page 56557]]

Island, and Point Reyes National Seashore beginning December 2008.

DATES:  Comments and information must be received no later than October 
29, 2008.

ADDRESSES:  Comments on the application should be addressed to P. 
Michael Payne, Chief, Permits, Conservation and Education Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address 
for providing e-mail comments is <a href="/cdn-cgi/l/email-protection#d58587e4fbe5e3e1edf88d9ee6e495bbbab4b4fbb2baa3"><span class="__cf_email__" data-cfemail="2b7b791a051b1d1f13067360181a6b45444a4a054c445d">[email protected]</span></a>. Comments sent 
via e-mail, including all attachments, must not exceed a 10-megabyte 
file size.
    A copy of the application and other related documents may be 
obtained by writing to the above address, telephoning one of the 
contacts listed here (see FOR FURTHER INFORMATION CONTACT), or visiting 
the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT:  Jeannine Cody or Jaclyn Daly, NMFS, 
(301) 713-2289, or Monica DeAngelis, NMFS Southwest Region, (562) 980-
3232.

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 to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by United States 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, notice of a proposed 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 certain subsistence uses, 
and if 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.
    Section 101(a)(5)(D) of the MMPA 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. 
Except for certain categories of 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''].
    Section 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 the authorization.

Summary of Request

    On July 28, 2008, NMFS received an application from PRBO requesting 
an authorization for the harassment of small numbers of California sea 
lions (Zalophus californianus), Pacific harbor seals (Phoca vitulina 
richardsi), northern elephant seals (Mirounga angustirostris), and 
Steller sea lions (Eumetopias jubatus) incidental to conducting seabird 
and pinniped research operations on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central 
California (CA). The proposed action area consists of the following 
three locations:

South Farallon Islands (SFI)

    SFI consists of Southeast Farallon Island (SEFI) and West End 
Island (WEI). These two islands are directly adjacent to each other and 
separated by only a 30-foot (ft) (9.1 meters (m)) channel. The SFI have 
a land area of approximately 120 acres (0.49 square kilometers (km)) 
and are part of the Farallon National Wildlife Refuge. The islands are 
located near the edge of the continental shelf 28 miles (45.1 km) west 
of San Francisco, CA, and lie within the waters of the Gulf of the 
Farallones National Marine Sanctuary (NMS).

A[ntilde]o Nuevo Island (ANI)

    ANI is located one-quarter mile (402 m) offshore of A[ntilde]o 
Nuevo Point in San Mateo County, CA). This small 25-acre (0.1 square 
km) island is part of the A[ntilde]o Nuevo State Reserve, all of which 
is owned and operated by California State Parks. ANI lies within the 
Monterey Bay NMS and the newly established A[ntilde]o Nuevo State 
Marine Conservation Area.

Point Reyes National Seashore (PRNS)

    PRNS is located 40 miles (64.3 km) north of San Francisco Bay and 
lies within close proximity (6 miles, 9.6 km) of the Cordell Bank NMS. 
The proposed research areas are within the headland coastal areas of 
this large National Park.

Specified Activities

Seabird Research on SEFI

    Seabird research activities involve observational and marking (i.e. 
netting and banding for capture-mark-recapture) studies of breeding 
seabirds and viewing breeding seabirds from an observation blind or 
censusing shorebirds. This activity usually involves one or two 
observers who access the island's two landings, the North Landing and 
the East Landing, by 14 to 18 ft (4.3 to 5.5 m) open motorboats which 
are hoisted onto the island using a derrick system.
    Researchers visit the sites approximately one to three times per 
day for a maximum of 1080 visits per year. Most visits to these areas 
are brief (approximately 15 minutes). From early April through early 
August, seabird observers are present from two to five hours daily at 
North Landing to conduct observational studies on breeding Common 
Murres (Uria aalge).
    Most intertidal areas of the island, where marine mammals are 
present, are rarely visited in seabird research. In both locations 
(North Landing and East Landing) the observers are located greater than 
50 feet (15.2 m) above any pinnipeds primarily California sea lions or 
northern elephant seals and to a lesser extent harbor seals which may 
be hauled out. Most potential for incidental take will occur at the 
island's two landings. However, the likelihood of encountering the 
eastern stock of Steller sea lions at both sites is rare.

Field Station Resupply on SEFI

    PRBO will resupply the field station once every two weeks for a 
maximum of 26 visits per year. These visits to either the North Landing 
or East Landing will last one to three hours and involve launching of 
the boat with one operator along with two to four researchers assisting 
with the operations from land. At East Landing the primary landing site 
all personnel assisting with the landing will stay on the loading 
platform 30 ft

[[Page 56558]]

(9.1 m) above the water. At North Landing, loading operations occur at 
the water level in the intertidal. Again, the likelihood of 
encountering eastern Steller sea lions at this location is rare.

Pinniped Research on West End Island (WEI)

    Pinniped research activities involve surveying breeding elephant 
seals on WEI between early December and late February. There are 
approximately five surveys per year, each lasting approximately two 
hours. These surveys involve three observers moving approximately 1500 
ft (457.2 m) above pinniped colonies to census northern elephant seal 
areas. Any transit above eastern Steller sea lion haulout areas will 
last approximately 30 minutes in duration.

Seabird Research on A[ntilde]o Nuevo Island (ANI)

    Seabird research activities involve monitoring seabird burrow 
nesting habitat quality and habitat restoration between the seabird 
breeding season and the elephant seal pupping season. All work is 
conducted by PRBO in collaboration with Oikonos - Ecosystem Knowledge 
through a collaborative agreement with California State Parks.
    This activity involves two to three researchers who may access the 
island by a 12 ft (3.7 m) Zodiac boat to conduct research once a week 
April through August; restoration and monitoring from September-
November; and intermittent visits during the rest of the year. Landings 
and visits to the nest boxes are brief in duration (approximately 15 
minutes) and the maximum number of visits to the island would be 30 per 
year.
    Most potential for incidental take would occur at the landing beach 
on the north side of the island when the researchers arrive and depart 
to check the boxes. Non-breeding pinnipeds may occasionally be present, 
including California sea lions that may be hauled out near a small 
group of subterranean seabird nest boxes on the island terrace. In both 
locations researchers are located more than 50 ft (15.2 m) away from 
any pinnipeds which may be hauled out.

Seabird Research on Point Reyes National Seashore (PRNS)

    The National Park Service in collaboration with PRBO conducts: 
marine mammal research (see NMFS Scientific Permit 373-1868); seabird 
breeding and roosting colonies monitoring; habitat restoration; removal 
of non-native plants, intertidal monitoring, and maintenance of coastal 
dune habitat.
    Seabird monitoring usually involves one or two observers conducting 
the survey by small boats (12 to 22 ft) along the PRNS shoreline. 
Observers will visit the site year round, with an emphasis during the 
seabird nesting season with occasional, intermittent visits the rest of 
the year. The maximum number of visits per year to the PRNS is 18.
    A majority of the research occurs in areas where marine mammals are 
not present. However, the potential for incidental harassment will 
occur at the landing beaches along Point Reyes Headland, boat ramps, or 
parking lots where northern elephant seals, harbor seals, or California 
sea lions may be hauled out.

Description of the Marine Mammals Potentially Affected by the Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird research at the proposed research areas on SEFI, 
ANI, and PRNS are primarily California sea lions, northern elephant 
seals, Pacific harbor seals, and to a lesser extent Steller sea lions.
    The marine mammals most likely to be harassed incidental to 
conducting research on harbor seals and northern elephant seals (NMFS 
Scientific Research Permit (SRP) 373-1868-00) are primarily Steller sea 
lions. Incidental harassment of elephant seals, harbor seals, 
California sea lions, and northern fur seals is authorized by SRP 373-
1868-00.
    General information of these species can be found in Caretta et al. 
(2008) and is available at the following URL: http://www.nmfs.noaa.gov/pr/pdfs/sars/po2007.pdf. Refer to that document for information on 
these species. Additional information on these species is presented 
below.

Northern Elephant Seal

    The northern elephant breeding population is distributed from 
central Baja California, Mexico, to the Point Reyes Peninsula in 
northern California. Along this coastline there are 13 major breeding 
colonies. The northern elephant seal was exploited for its oil during 
the 18\th\ and 19\th\ centuries and by 1900 the population was reduced 
to 20 to 30 individuals on Guadalupe Island (Hoelzel et al., 1993; 
Hoelzel, 1999). As a result of this bottleneck, the genetic diversity 
found in this species is extremely low (Hoelzel, 1999). The recent 
formation of most rookeries indicates that there is no genetic 
differentiation among populations. Although movement and genetic 
exchange occurs among colonies, most seals return to their natal site 
to breed (Huber et al., 1991). Recolonization of their former breeding 
range progressed north from the San Benito and Guadalupe Islands off 
Baja California to the most recent northernmost breeding site at Point 
Reyes Headlands. In the last three decades, annual pup production has 
increased at the rate of 9.43 plus or minus 0.51 percent per year in 
California and 5.19 plus or minus 0.33 percent per year over the entire 
range (Barlow et al., 1993).
    A complete population count of elephant seals is not possible 
because all age classes are not ashore at the same time. Elephant seal 
population size is typically estimated by counting the number of pups 
produced and multiplying by the inverse of the expected ratio of pups 
to total animals (McCann 1985). Stewart et al., (1994) used McCann's 
multiplier of 4.5 to extrapolate from 28,164 pups to a population 
estimate of 127,000 elephant seals in the U.S. and Mexico in 1991. The 
multiplier of 4.5 was based on a non-growing population. Boveng (1988) 
and Barlow et al. (1993) suggest that a multiplier of 3.5 is more 
appropriate for a rapidly growing population such as the California 
stock of elephant seals. Based on the estimated 35,549 pups born in 
California in 2005 and this 3.5 multiplier, the California stock was 
approximately 124,000 in 2005.
    At Point Reyes, the population grew at 32.8 percent per year 
between 1988 and 1997 (Sydeman and Allen, 1999) and around 10 percent 
per year since 2000 (S. Allen, unpubl. data), and in 2006 around 700 
pups were born at three primary breeding areas. The population on the 
Farallon Islands has declined by 3.4 percent per year since 1983, and 
in recent years numbers have fluctuated between 100 and 200 pups (W. 
Sydeman, D. Lee, unpubl. data).
    Elephant seals congregate in central California to breed from late 
November to March. Females typically give birth to a single pup and 
attend the pup for up to six weeks. Breeding occurs after the pup is 
weaned by attending males. After breeding, seals migrate to the Gulf of 
Alaska or deeper waters in the eastern Pacific. Adult females and 
juveniles return to terrestrial colonies to molt in April and May, and 
males return in June and July to molt, remaining onshore for around 
three weeks.

Pacific Harbor Seal

    Harbor seals are one of the most widely distributed pinnipeds in 
the northern hemisphere and are found in coastal, estuarine and some 
times fresh water of both the Atlantic and Pacific Oceans. There is 
considerable regional genetic differentiation between harbor

[[Page 56559]]

seal populations as they are generally limited in migratory movements. 
Under the MMPA, six stocks of Pacific harbor seals are identified 
within the U.S. waters (Angliss and Lodge, 2004; Carretta et al., 
2008). Only the California stock of harbor seal is found in the 
proposed project area, and its abundance is estimated to be 34,233 
(Carretta et al., 2008). There is some question whether the San 
Francisco Bay population may be a separate stock based on genetic 
analyses (D. German, Sonoma State University, pers. com.). At Point 
Reyes, the harbor seal population is estimated to be 7,524 for the molt 
season based on a correction factor of 1.65 (Lowry et al., 2005; Manna 
et al., 2006).
    In central California, harbor seals breed annually from March 
through May and molt in June and July. Females give birth to a single 
pup and attend the pup for around 30 days, at which time they wean 
pups. Mating occurs in the water around the time of weaning. Harbor 
seals are resident year round at terrestrial colonies; however, 
juveniles may disperse to other colonies ranging up to 500 km (311 
miles (mi)). Individual adult seals may also migrate widely from 
breeding colonies.

California Sea Lion

    California sea lions range from southern Mexico up to British 
Columbia and breed almost entirely on islands in southern California, 
Western Baja California and the Gulf of California. In recent years, 
California sea lions have begun to breed annually in small numbers at 
ANI and SFI, CA. One abandoned pup was found at PRNS at Wildcat Beach 
in 2003. This species is separated into three recognized stocks based 
on three geographic regions (U.S. stock, Western Baja stock, and the 
Gulf of California stock; Lowry et al., 1992). Some movement has been 
documented between these geographic stocks, but rookeries in the U.S. 
are widely separated from major rookeries of western Baja California, 
Mexico (Barlow et al., 1995). The U.S. stock of California sea lion is 
the only stock present in the proposed research area. The California 
sea lion has the largest population of any sea lion species and is the 
only sea lion whose population is showing a healthy growth rate of 5 to 
6.2 percent per annum. Annual incidental takes in fisheries is 
approximately 915 individuals; however, the population is growing by 
8.2 percent per year and fishing mortality is declining (Barlow et al., 
1995). Current U.S. population estimates range from 237,000 to 244,000 
(Carretta et al., 2008).
    California sea lions give birth in May through July and breeding 
occurs in July and August. Females and pups are resident at breeding 
colonies year round and males migrate north to feeding areas from 
central California to British Columbia, Canada. During years of low 
food availability (e.g., El Nino Southern Oscillation, or ENSO), 
females and juveniles may also migrate north in search of prey; and in 
some particularly poor years (1997 - 1998), there can be mass mortality 
of pups at rookeries.
    On the Farallon Islands, California sea lions haul out in many 
intertidal areas year round, fluctuating from several hundred to 
several thousand animals. Breeding animals are concentrated in areas 
where researchers would not visit (PRBO, unpublished data).
    California sea lions at Point Reyes haul out at only a couple 
locations, but will occur on human structures such as boat ramps. The 
annual population averages around 300 to 500 during the fall through 
spring months, although on occasion, several thousand sea lions can 
arrive depending upon local prey resources (S. Allen, unpublished 
data).

Steller Sea Lion

    Steller sea lions breed from the Kuril Islands and Okhotsk Sea 
through the Aleutian Islands and the Gulf of Alaska, and south to 
central California (Merrick et al., 1987). Two separate stocks are 
recognized within U.S. waters: an eastern U.S. stock that includes 
animals east of Cape Suckling, Alaska (144o W), and a western U.S. 
stock that includes animals west of Cape Suckling.
    The Steller sea lion was hunted during the sealing era for fur, 
hides, blubber, and other organs. More recently, Steller sea lions were 
harvested during a modern pup hunt that lasted from 1959-1972 during 
which approximately 45,000 pups were taken (Pasquel and Adkison, 1994).
    At the cessation of the modern commercial hunting, the Steller sea 
lion was found along the Pacific Rim from California to Japan with 
approximately 70 percent of the population in Alaskan waters.
    Despite the cessation of the commercial hunt, the Steller sea lion 
population has experienced a rapid decrease since the mid-1980s, with 
the western population stock declining by greater than 64 percent in 
the last 30 years (Loughlin et al., 1992). The number in 1989 was 
estimated at 68,094 individuals. This total included 10,000 in Russia, 
47,960 in Alaska, 6,109 in British Columbia, 2,261 in Oregon, and 1,764 
in California (Loughlin et al., 1992). Numbers in Alaska have been 
declining by 7.8 percent since 1994 (National Marine Mammal Laboratory, 
1995) and have declined by three percent in California (Le Boeuf et 
al., 1991; Ono 1993).
    In the 1960s and 70s the number of sea lions caught in trawl nets 
peaked, while present day numbers are low. California fisheries target 
several of the most important prey items for Steller sea lions and 
millions of metric tons of prey have been removed by fisheries in 
recent decades. Incidental mortality of Steller sea lions in fisheries 
was very low between 1990 and 2001 in California. Shooting of adults 
during fisheries interactions in central California have been 
documented by the Marine Mammal Stranding Network and one adult male 
was found shot at Point Reyes, California in the 1990s.
    In 1990, the Steller sea lion was listed as a threatened species 
under the Endangered Species Act (ESA). Due to persistent decline of 
the western U.S. stock, NMFS reclassified these Steller sea lions as an 
endangered distinct population segment (DPS) under the ESA in 1997, 
while the eastern U.S. stock remained classified as threatened. Under 
the MMPA, all Steller sea lions are classified as strategic stocks are 
considered ``depleted.''
    The eastern stock of Steller sea lions breeds on rookeries located 
in southeast Alaska, British Columbia, Oregon, and California; there 
are no rookeries located in Washington. Counts of pups on rookeries 
conducted near the end of the birthing season are nearly complete 
counts of pup production. Calkins and Pitcher (1982) concluded that the 
total Steller sea lion population could be estimated by multiplying the 
pup counts by a factor of 4.5, which was based on the birth rate, and 
the sex and age structure of the western Steller sea lion population in 
the central Gulf of Alaska. Using the most recent 2002-2005 pup counts 
available by region from aerial surveys across the range of the eastern 
stock, the total population of the eastern stock of Steller sea lions 
is estimated to be 48,519 or 54,989. These are based on multiplying the 
total number of pups counted in southeast Alaska (5,510 in 2005; NMFS, 
2006), British Columbia (3,318 in 2002; Pitcher et al., 2007), Oregon 
(1,136 in 2002; Pitcher et al., 2007), and California 818 in 2004; 
NMFS, 2006) by either 4.5 (Calkins and Pitcher, 1982) or 5.1 (Trites 
and Larkin, 1996). These are notminimum population estimates, since 
they are extrapolated from pup counts from photographs taken in 2002 - 
2005, and demographic parameters of a stable, equilibrium non-pup 
population that were estimated for the western Steller sea lion in the 
mid-

[[Page 56560]]

1970s (Calkins and Pitcher, 1982). Trites and Larkin's (1996) pup 
multiplier accounts for pups that die and disappear prior to, as well 
as pups born after, the counts are conducted. A pup multiplier is used 
for estimating the size of the eastern stock of Steller sea lions, but 
not the western stock. Since the western stock has declined 
drastically, the assumption of an equilibrium population in the west is 
not valid. Because the eastern stock is increasing within most of its 
range, using a pup multiplier is a reasonable approach to estimating 
abundance from pup counts.
    Steller sea lion numbers in California, especially in southern and 
central California, have declined from historic numbers. Counts in 
California between 1927 and 1947 ranged between 5,000 and 7,000 non-
pups with no apparent trend, but have subsequently declined by over 50 
percent, remaining between 1,500 and 2,000 non-pups during 1980 - 2001. 
Limited information suggests that counts in northern California appear 
to be stable (NMFS, 1995).
    The current population of eastern Steller sea lions in the proposed 
research area is estimated to number between 50 and 750 animals. The 
PRBO estimates that between 50 and 150 Steller sea lions live on the 
Farallon Islands, and the NMFS Southwest Fisheries Science Center 
(SWFSC) estimates between 400 and 600 live on ANI (PRBO unpublished 
data, 2008; SWFSC unpublished data, 2008).
    On SEFI, the abundance of females declined an average of 3.6 
percent per year from 1974 to 1997 (Sydeman and Allen 1999). Pup counts 
at ANI declined 5 percent annually through the 1990s (NOAA Stock 
Assessment, 2003), and have apparently stabilized between 2001 and 2005 
(M. Lowry, SWFSC unpublished data).
    In 2000, the combined pup estimate for both islands was 349. In 
2005, the pup estimate was 204 on ANI. Pup counts on the Farallon 
Islands have generally varied from five to 15 (Hastings and Sydeman, 
2002; PRBO unpublished data). Pups have not been born at Point Reyes 
Headland since the 1970s and Steller sea lions are seen in very low 
numbers there currently (S. Allen, unpubl. data).
    Steller sea lions give birth in May through July and breeding 
commences a couple of weeks after birth. Non-reproductive animals 
congregate at a few haul out sites, including at ANI and Point Reyes 
Headland. Pups are weaned during the winter and spring of the following 
year.

Potential Effects on Marine Mammals

    The only anticipated impacts would be temporary disturbances caused 
by the appearance of researchers near the pinnipeds. The potential 
disturbance might alter pinniped behavior and cause animals to flush 
from the area. Animals may return to the same site once researchers 
have left or go to an alternate haul out site, which usually occurs 
within 30 minutes (Allen et al., 1985). Long term effects of this 
disturbance are unlikely, as very few breeding animals will be present 
in the vicinity of the proposed seabird research areas.
    It is expected that any incidental disturbance to pinnipeds from 
both types of research would have minimal, short-term effects and no 
long-term effects on the individuals. Incidental disturbance is 
believed to have minimal impacts because pinnipeds usually return to a 
site or a nearby site within 30 minutes upon conclusion of research 
activities (Allen et al., 1985). Numerous Incidental Harassment 
Authorizations and Letters of Authorizations under the MMPA, Incidental 
Take Permits under Section 10(a)(1)(b) of the ESA, issued by NMFS (e.g. 
72 FR 124, January 3, 2007), and reports on more localized areas (e.g., 
Demarchi and Bentley, 2004) have analyzed the potential effects of 
incidental disturbance to pinnipeds from various sources. Based on 
these reports, the effects to pinnipeds appear, at the most, to 
displace the animals temporarily from their haul out sites. Based on 
previous research reports from PRBO, maximum disturbance to Steller sea 
lions would result in the animals flushing into the water in response 
to presence of the researchers. It is not expected that pinnipeds would 
permanently abandon a haul-out site during PRBO's research, as 
precautions would be taken to not disturb the same haul-out site on 
frequent occasions.
    No research would occur on pinniped rookeries; therefore, mother 
and pup separation or crushing of pups is not a concern. Incidental 
harassment may occur as researchers approach the haul out sites with 
vessels and during capture and sampling activities of harbor seals and 
northern elephant seals. In PRBO's final report of activities conducted 
from 2000-2005 under Scientific Research Permit No. 373-1575, they 
reported disturbing less than 16 Steller sea lions during all elephant 
seal surveys on WEI.

Potential Impacts on Habitat

    Neither the proposed seabird research, nor the proposed pinniped 
research would result in the physical altering of marine mammal 
habitat. Further, incidental marine mammal takes will not result in the 
physical altering of marine mammal habitat or major breeding habitat. 
No survey or sampling equipment will be left in habitat areas; no toxic 
chemicals will be present; and all state and federal marine 
regulations, including those from National Marine Sanctuaries, will be 
followed in regards to boat emissions.

Potential Impacts to Subsistence Harvest of Marine Mammals

    There is no subsistence harvest of marine mammals in the proposed 
research area; therefore, there will be no impact of the activity on 
the availability of the species or stocks of marine mammals for 
subsistence uses.

Number of Marine Mammals Expected to Be Taken

    It is expected that approximately 2,242 California sea lions, 418 
harbor seals, 253 northern elephant seals, and 31 Steller sea lions 
could be potentially affected by Level B harassment. This estimate is 
based on previous research experiences, with the same activities 
conducted in the proposed research area, and on marine mammal research 
activities in these areas. These incidental harassment take numbers 
represent approximately one percent of the U.S. stock of California sea 
lion, 1.2 percent of the California stock of Pacific harbor seal, less 
than one percent of the California breeding stock of northern elephant 
seal, and 0.02 percent of the eastern U.S. stock of Steller sea lion. 
All of the potential takes are expected to be Level B behavioral 
harassment only. No injury or mortality to pinnipeds is expected or 
requested.

Proposed Monitoring and Mitigation Measures

    To reduce the potential for disturbance from visual and acoustic 
stimuli associated with these activities, PRBO proposes to undertake 
the following marine mammal mitigation measures:
    (1) Researchers would keep their voices hushed and bodies low in 
the visual presence of pinnipeds.
    (2) Seabird observations at North Landing on Southeast Farallon 
Island would be conducted in an observation blind where researchers are 
shielded from the view of hauled out pinnipeds.
    (3) Beach landings on A[ntilde]o Nuevo Island would only occur 
after any pinnipeds that might be present on the landing beach have 
entered the water.
    (4) A[ntilde]o Nuevo Island researchers accessing seabird nest 
boxes would

[[Page 56561]]

crawl slowly if pinnipeds are within view.
    (5) Visits to intertidal areas of Southeast Farallon Island during 
research activities would be coordinated to reduce potential take.
    (6) All research goals on Ano Nuevo Island would be coordinated to 
minimize the necessary number of trips to the island. Once on Ano Nuevo 
Island, researchers would coordinate monitoring schedules so that areas 
near any pinnipeds would be accessed only once per visit.
    (7) The lead biologist would always serve as an observer to 
evaluate incidental take and halt any research activities should the 
potential for incidental take be too great.

Proposed Monitoring and Reporting

    Researchers would take notes of sea lions and seals observed within 
the proposed research area during studies. The notes would provide 
dates, time, tidal height, species, numbers of sea lions and seals 
present, and any disturbances. PRBO would submit a final report, 
including these notes, to NMFS within 90 days after the expiration of 
the Incidental Harassment Authorization (IHA), if it is issued.

National Environmental Policy Act (NEPA)

    In 2007, NMFS prepared a draft Environmental Assessment (EA) on the 
issuance of an IHA to PRBO to take marine mammals by Level B harassment 
incidental to conducting seabird research in central California. The 
draft EA was released for public review and comment along with the 
application and the proposed IHA (72 FR 41294, July 27, 2007). All 
comments were addressed in full in the Federal Register Notice of 
Issuance of an IHA for PRBO (72 FR 71121, December 14, 2007). At that 
time, NMFS determined that conducting the seabird research would not 
have a significant impact on the quality of the human environment and 
issued a Finding of No Significant Impact.
    For this proposed action, PRBO has requested to incidentally harass 
31 Steller sea lions, (i.e., 17 more than what was requested in the 
2007 IHA). Because of this increase in the numbers of marine mammals 
incidentally harassed, NMFS has determined that it will update the 2007 
EA. NMFS is currently preparing a Supplemental EA which incorporates by 
reference the 2007 Final EA. Before making a determination on the 
issuance of an IHA, NMFS will ensure compliance with NEPA and its 
implementing regulations.

Endangered Species Act

    In a 2007 Biological Opinion issued on July 27, 2007, NMFS 
concluded that that the issuance of an IHA to PRBO for seabird research 
was likely to affect, but not likely to jeopardize the continued 
existence of Steller sea lions. NMFS had issued an incidental take 
statement (ITS) for Steller sea lions pursuant to section 7 of the ESA. 
The ITS contained reasonable and prudent measures for implementing 
terms and conditions to minimize the effects of this take.
    Since the proposed pinniped research expands the scope of the 
previously analyzed action, NMFS is conducting a Section 7 consultation 
under the ESA to make a determination whether the proposed research 
project would be likely to jeopardize the continued existence of the 
eastern U.S. stock of Steller sea lions.

Preliminary Determinations

    NMFS proposes to issue an IHA to PRBO to take small numbers of 
marine mammals by harassment incidental to conducting seabird and 
pinniped research activities on Southeast Farallon Island, Ano Nuevo 
Island, and Point Reyes National Seashore in central CA. The marine 
mammals most likely to be harassed incidental to conducting pinniped 
research (NMFS Scientific Research Permit (SRP) 373-1868-00) are 
primarily Steller sea lions. Issuance of this IHA would be contingent 
upon adherence to the proposed mitigation, monitoring, and reporting 
requirements described in this Federal Register notice. For the reasons 
discussed in this document and in the identified supporting documents, 
NMFS has preliminarily determined that the impact of seabird research 
on SEFI, ANI, and PRNS would result in Level B harassment only of small 
numbers of California sea lions, Pacific harbor seals, northern 
elephant seals, and Steller sea lions hauled out in the vicinity of the 
proposed research area; and would have a negligible impact on the 
affected species. The provision requiring that the activities not have 
an unmitigable adverse impact on the availability of the affected 
species or stock for subsistence uses does not apply for this proposed 
action.
    No take by Level A harassment (injury) or death is anticipated and 
harassment takes should be at the lowest level practicable due to 
incorporation of the mitigation measures proposed in this document.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to PRBO for the potential harassment of small numbers of 
California sea lions, harbor seals, northern elephant seals, and 
Steller sea lions incidental to conducting of seabird research on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated.

    Dated: September 24, 2008.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. E8-22819 Filed 9-26-08; 8:45 am]
BILLING CODE 3510-22-S


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