71388 Federal Register / Vol. 79, No. 231 / Tuesday, December 2, 2014 / Notices 

5397 (voice) or (808) 725–5475 (fax), at 

least 5 days prior to the meeting date. 

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

Dated: November 28, 2014. 

Alan D. Risenhoover, 

Director, Office of Sustainable Fisheries, 

National Marine Fisheries Service. 

[FR Doc. 2014–28447 Filed 11–28–14; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XD602 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Rocky Intertidal 

Monitoring Surveys on the South 

Farallon Islands, California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; proposed incidental 

harassment authorization; request for 

comments. 

SUMMARY: NMFS has received an 

application from the National Ocean 

Service’s Office of National Marine 

Sanctuaries Gulf of the Farallones 

National Marine Sanctuary (GFNMS) for 

an Incidental Harassment Authorization 

(IHA) to take marine mammals, by 

harassment, incidental to rocky 

intertidal monitoring work and 

searching for black abalone, components 

of the Sanctuary Ecosystem Assessment 

Surveys. Pursuant to the Marine 

Mammal Protection Act (MMPA), NMFS 

is requesting comments on its proposal 

to issue an IHA to GFNMS to 

incidentally take, by Level B harassment 

only, marine mammals during the 

specified activity. 

DATES: Comments and information must 

be received no later than January 2, 

2015. 

ADDRESSES: Comments on the 

application should be addressed to Jolie 

Harrison, Chief, Permits and 

Conservation Division, Office of 

Protected Resources, National Marine 

Fisheries Service, 1315 East-West 

Highway, Silver Spring, MD 20910. The 

mailbox address for providing email 

comments is ITP.Pauline@noaa.gov. 

NMFS is not responsible for email 

comments sent to addresses other than 

the one provided here. Comments sent 

via email, including all attachments, 

must not exceed a 25-megabyte file size. 

Instructions: All comments received 

are a part of the public record and will 

generally be posted to http://

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

incidental/ without change. All Personal 

Identifying Information (e.g., name, 

address) voluntarily submitted by the 

commenter may be publicly accessible. 

Do not submit Confidential Business 

Information or otherwise sensitive or 

protected information. 

An electronic copy of the application 

containing a list of the references used 

in this document may be obtained by 

writing to the address specified above, 

telephoning the contact listed below 

(see FOR FURTHER INFORMATION CONTACT), 

or visiting the internet at: http://

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

incidental/. Documents cited in this 

notice may also be viewed, by 

appointment, during regular business 

hours, at the aforementioned address. 

FOR FURTHER INFORMATION CONTACT: Rob 

Pauline, Office of Protected Resources, 

NMFS, (301) 427–8401. 

SUPPLEMENTARY INFORMATION: 

Background 

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

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

the Secretary of Commerce to allow, 

upon request, the incidental, but not 

intentional, taking of small numbers of 

marine mammals by U.S. citizens who 

engage in a specified activity (other than 

commercial fishing) within a specified 

geographical region if certain findings 

are made and either regulations are 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

Authorization for incidental takings 

shall be granted if NMFS finds that the 

taking will have a negligible impact on 

the species or stock(s), will not have an 

unmitigable adverse impact on the 

availability of the species or stock(s) for 

subsistence uses (where relevant), and if 

the permissible methods of taking, other 

means of effecting the least practicable 

impact on the species or stock and its 

habitat, and requirements pertaining to 

the mitigation, monitoring and reporting 

of such takings are set forth. NMFS has 

defined ‘‘negligible impact’’ in 50 CFR 

216.103 as ‘‘. . . an impact resulting 

from the specified activity that cannot 

be reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival.’’ 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: ‘‘Any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild [Level A harassment]; or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering [Level B 

harassment].’’ 

Summary of Request 

On August 18, 2014, NMFS received 

an application from GFNMS for the 

taking of marine mammals incidental to 

rocky intertidal monitoring work and 

searching for black abalone. NMFS 

determined that the application was 

adequate and complete on August 29, 

2014. 

GFNMS proposes to continue rocky 

intertidal monitoring work and the 

search for black abalone in areas 

previously unexplored for black abalone 

from January 16 through January 23, 

2015. All work will be done only during 

daylight minus low tides. This is a longterm study that began in 1992. This 

IHA, if issued, would be effective from 

January 10 through January 30, 2015, to 

allow for flexibility in the sampling 

schedule. Twelve sites are proposed for 

sampling. The following specific aspects 

of the proposed activities are likely to 

result in the take of marine mammals: 

Presence of survey personnel near 

pinniped haulout sites and approach of 

survey personnel towards hauled out 

pinnipeds. Take, by Level B harassment 

only, of individuals of five species of 

marine mammals is anticipated to result 

from the specified activity. 

NMFS previously issued an IHA to 

GFNMS for this activity on November 8, 

2012. The IHA was effective from 

November 8, 2012, through November 7, 

2013. However, GFNMS did not 

conduct any abalone sampling during 

this time period. Therefore, no take 

occurred. NMFS subsequently issued a 

Federal Register Notice on November 

27, 2013 for a proposed incidental 

harassment authorization for GFNMS to 

conduct monitoring activities from 

January 20 to February 8, 2014. GFNMS 

determined that it would be unable to 

undertake the described monitoring 

activities during that period. Therefore, 

an IHA was not issued, and no take 

occurred because the project did not go 

forward. 

Description of the Specified Activity 

Overview 

Since the listing of black abalone as 

‘‘endangered’’ under the U.S. 

Endangered Species Act (ESA; 16 U.S.C. 

1531 et seq.), NMFS has requested that 

GFNMS explore as much of the 

shoreline as possible, as well as 

document and map the location of 


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quality habitat for black abalone and the 

location of known animals. This listing 

prompted the need to expand the search 

for black abalone into other areas on the 

South Farallon Islands (beyond those 

that have been studied since 1992) to 

gain a better understanding of the 

abundance and health of the black 

abalone population in this remote and 

isolated location. The monitoring is 

planned to remain ongoing, and efforts 

to assess the status and health of the 

black abalone population on the South 

Farallon Islands may take several years, 

and perhaps decades. This is because 

black abalone tend to be very cryptic 

and difficult to find, especially when 

they are sparse and infrequent in 

occurrence. In order for the assessment 

of black abalone to be more 

comprehensive, GFNMS needs to 

expand shore searches in areas beyond 

the proximity of their quantitative 

quadrat sampling areas and also into 

new areas on Southeast Farallon and 

Maintop (West End) Islands. 

Rocky intertidal monitoring on the 

Farallon Islands is now a component of 

the GFNMS Sanctuary Ecosystem 

Assessment Surveys (SEAS) long-term 

monitoring program and is a necessity 

to the management and protection of the 

sanctuary. All GFNMS SEAS monitoring 

projects are designed to provide 

documentation on the density and 

biodiversity of sanctuary natural 

resources for condition analyses, 

particularly for a baseline in the event 

of a major natural or human-induced 

perturbation. This program has and 

continues to acquire information on 

seasonal and annual changes of 

intertidal species abundances in 1–3 

visits per year. The monitoring data, 

decades from now, can also be used to 

assess trends and changes from global 

climate change and ocean acidification, 

based on range extensions, changes in 

biodiversity, and changes in density of 

calcium carbonate-containing 

organisms. 

Detailed Description of Activities 

Routine shore activity will continue 

to involve the use of only nondestructive sampling methods to 

monitor rocky intertidal algal and 

invertebrate species abundances (see 

Figure 2 in GFNMS’ application). At 

each sampling site, there are three to 

four permanent 30 x 50 cm (12 x 20 in) 

quadrat sites that occur in the low, 

middle, and upper elevation tidal zones 

(marked by white epoxy pads in the 

quadrat corners). Three to four random 

quadrats (unmarked) are also sampled at 

each site every survey, if time permits. 

Fifty randomly selected points within 

each permanent and random quadrat are 

sampled, using methods described by 

Foster et al. (1991) and Dethier et al. 

(1993). All algal and sessile 

macroinvertebrate species under each 

sampling point (loci) are recorded. A 

photograph is also taken of each labeled 

quadrat. When completed, a shore walk 

in the immediate proximity is done by 

the sampling team to search for select 

large invertebrates. The length of the 

shoreline searched in the shore walks is 

typically about 30 m (98 ft), but plans 

are to expand this search effort over 

larger areas for abalone and in more 

areas. 

Inaccessible shore areas will be 

surveyed by boat up to once each year, 

dependent on boat availability and 

weather conditions. This effort includes 

the Middle and North Farallon Islands. 

In this effort, the boat navigates to 

within 15–100 m (49–328 ft) of the 

shore, and intertidal species that can be 

seen through binoculars are recorded 

(presence/absence). Point Blue (formerly 

named PRBO Conservation Science) 

continues its year round pinniped and 

seabird research and monitoring efforts 

on the South Farallon Islands, which 

began in 1968, under MMPA scientific 

research permits and IHAs. GFNMS 

biologists will gain access to the sites 

via boats operated by Point Blue, with 

disturbance and incidental take 

authorized via IHAs issued to Point 

Blue. For this reason, GFNMS has not 

requested authorization for take from 

disturbance by boat, as incidental take 

from that activity is authorized in a 

separate IHA. 

Dates and Duration 

The sampling, photographic 

documentation, and shore walks for the 

period of this IHA have been scheduled 

to occur from January 16 through 

January 23, 2015. Each survey will last 

for approximately 4 to 8 days. All work 

will be done only during daylight 

minus, low tides. Each location (as 

listed in Tables 2 and 3 in GFNMS’ 

application) will be visited/sampled by 

five to six biologists, for a duration of 

3–4 hours, one to two times each minus 

tide cycle. 

Specified Geographic Region 

The Farallon Islands consists of a 

chain of seven islands located 

approximately 48 km (30 mi) west of 

San Francisco, near the edge of the 

continental shelf and in the geographic 

center of the GFNMS (see Figure 1 in 

GFNMS’ application). The land of the 

islands above the mean high tide mark 

is designated as the Farallon National 

Wildlife Refuge (managed by the U.S. 

Fish and Wildlife Service [USFWS]), 

while the shore and subtidal below are 

in GFNMS. The nearshore and offshore 

waters are foraging areas for pinniped 

species discussed in this document. 

The two largest islands of the seven 

islands are the Southeast Farallon and 

Maintop (aka West End) Islands. These 

and several smaller rocks are 

collectively referred to as the South 

Farallon Islands and are the subject of 

this IHA request. The two largest islands 

are separated by only a 9 m (30 ft) wide 

surge channel. Together, these islands 

are approximately 49 hectares (120 

acres) in size with an intertidal 

perimeter around both islands of 7.7 km 

(4.8 mi). 

The areas proposed for sampling are: 

Blow Hole Peninsula; Mussel Flat; Dead 

Sea Lion Flat; Low Arch; Raven’s Cliff; 

Drunk Uncle Islet; East Landing; North 

Landing; Fisherman’s Bay; Weather 

Service Peninsula; Indian Head; and 

Shell Beach (see Figure 2 in GFNMS’ 

application). Each sample site will be 

visited one to two times each minus tide 

cycle for 3–4 hours each visit. 

The shorelines on these islands, 

including areas above the mean high 

tide elevation, have become more 

heavily used over time as haulout sites 

for pinnipeds to rest, give birth, and 

molt. The intertidal zones where 

GFNMS conducts intertidal monitoring 

are specific areas area also areas where 

pinnipeds can be found hauled out on 

the shore. Accessing portions of the 

intertidal habitat may cause incidental 

Level B (behavioral) harassment of 

pinnipeds through some unavoidable 

approaches if pinnipeds are hauled out 

directly in the study plots or while 

biologists walk from one location to 

another. No motorized equipment is 

involved in conducting these surveys. 

The species for which Level B 

harassment is requested are: California 

sea lions (Zalophus californianus 

californianus); harbor seals (Phoca 

vitulina richardii); northern elephant 

seals (Mirounga angustirostris); Stellar 

sea lions (Eumetopias jubatus); and 

northern fur seals (Callorhinus ursinus). 

Description of Marine Mammals in the 

Area of the Specified Activity 

Many of the shores of the two South 

Farallon Islands provide resting, 

molting, and breeding habitat for 

pinniped species: Northern elephant 

seals; harbor seals; California sea lions; 

northern fur seals; and Steller sea lions. 

California sea lion is the species 

anticipated to be encountered most 

frequently during the specified activity. 

The other four species are only 

anticipated to be encountered at some of 

the sites. Tables 2 and 3 in GFNMS’ 

application outline the average and 

maximum expected occurrences of each 


rljohnson on DSK3VPTVN1PROD with NOTICES
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species at each sampling location, 

respectively. Numbers in these tables 

are based on weekly surveys conducted 

by PRBO (now Point Blue) in January 

2012 and 2013. Figures contained in 

Appendix I of GFNMS’ application 

depict the overlap between pinniped 

haulouts and abalone sampling sites. 

None of the species noted here are listed 

as threatened and endangered under the 

ESA. On November 4, 2013, NMFS 

published a final rule delisting the 

eastern distinct population segment 

(DPS) of Steller sea lions (78 FR 66139). 

We have determined that this DPS has 

recovered and no longer meets the 

definition of an endangered or 

threatened species under the ESA. The 

Steller sea lions on the South Farallon 

Islands are part of the eastern DPS. 

We refer the public to Carretta et al. 

(2014) and Allen and Angliss (2014) for 

general information on these species 

which are presented below this section. 

The publications are available on the 

internet at: http://www.nmfs.noaa.gov/

pr/sars/pdf/pacific2013_final.pdf and 

http://www.nmfs.noaa.gov/pr/sars/pdf/

ak2013_final.pdf. Additional 

information on the status, distribution, 

seasonal distribution, and life history 

can also be found in GFNMS’ 

application. 

Northern Elephant Seal 

Northern elephant seals are not listed 

as threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. The 

estimated population of the California 

breeding stock is approximately 124,000 

animals with a minimum estimate of 

74,913 (Carretta et al., 2014). 

Northern elephant seals range in the 

eastern and central North Pacific Ocean, 

from as far north as Alaska and as far 

south as Mexico. Northern elephant 

seals spend much of the year, generally 

about nine months, in the ocean. They 

are usually underwater, diving to depths 

of about 330–800 m (1,000–2,500 ft) for 

20- to 30-minute intervals with only 

short breaks at the surface. They are 

rarely seen out at sea for this reason. 

While on land, they prefer sandy 

beaches. 

Northern elephant seals breed and 

give birth in California (U.S.) and Baja 

California (Mexico), primarily on 

offshore islands (Stewart et al., 1994), 

from December to March (Stewart and 

Huber, 1993). Males feed near the 

eastern Aleutian Islands and in the Gulf 

of Alaska, and females feed further 

south, south of 45° N (Stewart and 

Huber, 1993; Le Boeuf et al., 1993). 

Adults return to land between March 

and August to molt, with males 

returning later than females. Adults 

return to their feeding areas again 

between their spring/summer molting 

and their winter breeding seasons. 

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 (PRBO, unpubl. data). At 

Southeast Farallon, the population 

consists of approximately 500 animals 

(GFNMS, 2012). 

California Sea Lion 

California sea lions are not listed as 

threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. The 

California sea lion is now a full species, 

separated from the Galapagos sea lion 

(Z. wollebaeki) and the extinct Japanese 

sea lion (Z. japonicus) (Brunner, 2003; 

Wolf et al., 2007; Schramm et al., 2009). 

The estimated population of the U.S. 

stock of California sea lion is 

approximately 296,750 animals, and the 

current maximum population growth 

rate is 12 percent (Carretta et al., 2014). 

On the Farallon Islands, California sea 

lions haul out in many intertidal areas 

year round, fluctuating from several 

hundred to several thousand animals. 

California sea lion breeding areas are 

on islands located in southern 

California, in western Baja California, 

Mexico, and the Gulf of California. 

During the breeding season, most 

California sea lions inhabit southern 

California and Mexico. Rookery sites in 

southern California are limited to the 

San Miguel Islands and the southerly 

Channel Islands of San Nicolas, Santa 

Barbara, and San Clemente (Carretta et 

al., 2014). Males establish breeding 

territories during May through July on 

both land and in the water. Females 

come ashore in mid-May and June 

where they give birth to a single pup 

approximately 4–5 days after arrival and 

will nurse pups for about a week before 

going on their first feeding trip. Females 

will alternate feeding trips with nursing 

bouts until the pup is weaned between 

4 and 10 months of age (NMML, 2010). 

In central California, a small number of 

pups are born on Ano Nuevo Island, 

Southeast Farallon Island, and 

occasionally at a few other locations; 

otherwise, the central California 

population is composed of nonbreeders. Breeding animals on the 

Farallon Islands are concentrated in 

areas where researchers generally do not 

visit (PRBO, unpub. data). 

Pacific Harbor Seal 

Pacific harbor seals are not listed as 

threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. The 

estimated population of the California 

stock of Pacific harbor seals is 

approximately 30,196 animals (Carretta 

et al., 2014). 

The animals inhabit near-shore 

coastal and estuarine areas from Baja 

California, Mexico, to the Pribilof 

Islands in Alaska. Pacific harbor seals 

are divided into two subspecies: P. v. 

stejnegeri in the western North Pacific, 

near Japan, and P. v. richardii in the 

northeast Pacific Ocean. The latter 

subspecies, recognized as three separate 

stocks, inhabits the west coast of the 

continental U.S., including: The outer 

coastal waters of Oregon and 

Washington states; Washington state 

inland waters; and Alaska coastal and 

inland waters. 

In California, over 500 harbor seal 

haulout sites are widely distributed 

along the mainland and offshore 

islands, and include rocky shores, 

beaches and intertidal sandbars (Lowry 

et al., 2005). On the Farallon Islands, 

approximately 40 to 120 Pacific harbor 

seals haul out in the intertidal areas 

(PRBO, unpub. data). Harbor seals mate 

at sea, and females give birth during the 

spring and summer, although, the 

pupping season varies with latitude. 

Pups are nursed for an average of 24 

days and are ready to swim minutes 

after being born. Harbor seal pupping 

takes place at many locations, and 

rookery size varies from a few pups to 

many hundreds of pups. Pupping 

generally occurs between March and 

June, and molting occurs between May 

and July (NCCOS, 2007). 

Steller Sea Lion 

Steller sea lions consist of two 

distinct population segments: The 

western and eastern DPSs divided at 

144° West longitude (Cape Suckling, 

Alaska). The eastern DPS of the Steller 

sea lion was removed from the 

endangered species list in November 

2013, and the western distinct 

population segment is listed as 

endangered under the ESA. The eastern 

DPS is the one anticipated to occur in 

the proposed project area. The eastern 

segment includes sea lions living in 

southeast Alaska, British Columbia, 

California, and Oregon. 

Steller sea lions range along the North 

Pacific Rim from northern Japan to 

California (Loughlin et al., 1984), with 

centers of abundance and distribution in 

the Gulf of Alaska and Aleutian Islands, 

respectively. The species is not known 

to migrate, but individuals disperse 

widely outside of the breeding season 

(late May through early July), thus 

potentially intermixing with animals 

from other areas. 


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In 2013, the estimated population of 

the eastern DPS ranged from 63,160 to 

78,198 animals, and the maximum 

population growth rate is 12 percent 

(Allen and Angliss, 2014). 

The eastern DPS of Steller sea lions 

breeds on rookeries located in southeast 

Alaska, British Columbia, Oregon, and 

California. There are no rookeries 

located in Washington State. Steller sea 

lions give birth in May through July, 

and breeding commences a couple of 

weeks after birth. Pups are weaned 

during the winter and spring of the 

following year. 

Despite the wide-ranging movements 

of juveniles and adult males in 

particular, exchange between rookeries 

by breeding adult females and males 

(other than between adjoining rookeries) 

appears low, although males have a 

higher tendency to disperse than 

females (NMFS, 1995; Trujillo et al., 

2004; Hoffman et al., 2006). A 

northward shift in the overall breeding 

distribution has occurred, with a 

contraction of the range in southern 

California and new rookeries 

established in southeastern Alaska 

(Pitcher et al., 2007). 

The current population of eastern 

Steller sea lions in the proposed 

research area is estimated to number 

between 50 and 750 animals. Overall, 

counts of non-pups at trend sites in 

California and Oregon have been 

relatively stable or increasing slowly 

since the 1980s (Allen and Angliss, 

2011). On Southeast Farallon Island, the 

abundance of females declined an 

average of 3.6 percent per year from 

1974 to 1997 (Sydeman and Allen, 

1999). Pup counts on the Farallon 

Islands have generally varied from five 

to 15 (Hastings and Sydeman, 2002; 

PRBO unpub. data). 

Northern Fur Seal 

Northern fur seals are not listed as 

threatened or endangered under the 

ESA, nor are they categorized as 

depleted under the MMPA. Two stocks 

of northern fur seals are recognized in 

U.S. Pacific waters: Eastern Pacific stock 

and San Miguel Island stock. Adult 

females and juveniles migrate to the 

central California area (and Oregon and 

Washington) from rookeries on San 

Miguel Island in the Southern California 

Bight (Carretta et al., 2006) and from the 

Pribilof Islands in the Bering Sea 

(NCCOS, 2007). 

The most recent population estimate 

of the San Miguel Island stock is 12,844 

animals (Carretta et al., 2014) and is 

639,545 animals for the Eastern Pacific 

stock (Allen and Angliss, 2014). The 

northern fur seal population on the 

Farallon Islands has fluctuated greatly 

over the past two centuries. Current 

PRBO weekly counts on Maintop Island 

show a peak of 296 adult and juvenile 

northern fur seals and 180 pups in 2011 

(PRBO, unpub. data). Although it is 

difficult to differentiate, animals on the 

Farallon Islands during the time of the 

proposed rocky intertidal monitoring 

are likely from the San Miguel Island 

stock. 

Other Marine Mammals in the Proposed 

Action Area 

California (southern) sea otters 

(Enhydra lutris nereis), listed as 

threatened under the ESA and 

categorized as depleted under the 

MMPA, usually range in coastal waters 

within 2 km (1.2 mi) of shore. PRBO has 

not encountered California sea otters on 

Southeast Farallon Island during the 

course of seabird or pinniped research 

activities over the past five years. This 

species is managed by the USFWS and 

is not considered further in this notice. 

Potential Effects of the Specified 

Activity on Marine Mammals 

This section includes a summary and 

discussion of the ways that components 

(e.g., personnel presence) of the 

specified activity, including mitigation 

may impact marine mammals. The 

‘‘Estimated Take by Incidental 

Harassment’’ section later in this 

document will include a quantitative 

analysis of the number of individuals 

that are expected to be taken by this 

activity. The ‘‘Negligible Impact 

Analysis’’ section will include the 

analysis of how this specific activity 

will impact marine mammals and will 

consider the content of this section, the 

‘‘Estimated Take by Incidental 

Harassment’’ section, the ‘‘Proposed 

Mitigation’’ section, and the 

‘‘Anticipated Effects on Marine Mammal 

Habitat’’ section to draw conclusions 

regarding the likely impacts of this 

activity on the reproductive success or 

survivorship of individuals and from 

that on the affected marine mammal 

populations or stocks. 

The appearance of researchers may 

have the potential to cause Level B 

harassment of any pinnipeds hauled out 

on Southeast Farallon and Maintop 

(West End) Islands. Although marine 

mammals are never deliberately 

approached by abalone survey 

personnel, approach may be 

unavoidable if pinnipeds are hauled out 

in the immediate vicinity of the 

permanent abalone study plots. 

Disturbance may result in reactions 

ranging from an animal simply 

becoming alert to the presence of 

researchers (e.g., turning the head, 

assuming a more upright posture) to 

flushing from the haul-out site into the 

water. NMFS does not consider the 

lesser reactions to constitute behavioral 

harassment, or Level B harassment 

takes, but rather assumes that pinnipeds 

that move greater than 1 m (3.3 ft) or 

change the speed or direction of their 

movement in response to the presence 

of researchers are behaviorally harassed, 

and thus subject to Level B taking. 

Animals that respond to the presence of 

researchers 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. 

Numerous studies have shown that 

human activity can flush harbor seals 

off haulout sites (Allen et al., 1984; 

Calambokidis et al., 1991; Suryan and 

Harvey, 1999). The Hawaiian monk seal 

(Monachus schauinslandi) has been 

shown to avoid beaches that have been 

disturbed often by humans (Kenyon, 

1972). And in one case, human 

disturbance appeared to cause Steller 

sea lions to desert a breeding area at 

Northeast Point on St. Paul Island, 

Alaska (Kenyon, 1962). 

Typically, even those reactions 

constituting Level B harassment would 

result at most in temporary, short-term 

disturbance. Researchers will visit 

approximately 12 sites over an 8 day 

period with each site visit typically 

lasting 3–4 hours. Therefore, 

disturbance of pinnipeds resulting from 

the presence of researchers lasts only for 

short periods of time. Because such 

disturbance is sporadic, rather than 

chronic, and of low intensity, individual 

marine mammals are unlikely to incur 

any detrimental impacts to vital rates or 

ability to forage and, thus, loss of 

fitness. Correspondingly, even local 

populations, much less the overall 

stocks of animals, are extremely 

unlikely to accrue any significantly 

detrimental impacts. 

There are three ways in which 

disturbance, as described previously, 

could result in more than Level B 

harassment of marine mammals. All 

three are most likely to be consequences 

of stampeding, a potentially dangerous 

occurrence in which large numbers of 

animals succumb to mass panic and 

rush away from a stimulus, an 

occurrence that is not expected on 

Southeast Farallon and Maintop Islands. 

The three situations are (1) falling when 

entering the water at high-relief 

locations; (2) extended separation of 

mothers and pups; and (3) crushing of 

elephant seal pups by large males 

during a stampede. 

Because hauled-out animals may 

move towards the water when 

disturbed, there is the risk of injury if 


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animals stampede towards shorelines 

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

However, while cliffs do exist on the 

islands, shoreline habitats near the 

abalone study sites are of steeply 

sloping rocks with unimpeded and nonobstructive access to the water. If 

disturbed, hauled-out animals in these 

situations may move toward the water 

without risk of encountering barriers or 

hazards that would otherwise prevent 

them from leaving the area. In these 

circumstances, the risk of injury, serious 

injury, or death to hauled-out animals is 

very low. Thus, abalone research 

activity poses no risk that disturbed 

animals may fall and be injured or 

killed as a result of disturbance at highrelief locations. 

The risk of marine mammal injury, 

serious injury, or mortality associated 

with abalone research increases 

somewhat if disturbances occur during 

breeding 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 (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. The risk of either 

of these situations is greater in the event 

of a stampede. 

The proposed site visits in January 

fall outside of the pupping and breeding 

seasons for California sea lions, harbor 

seals, northern fur seals, and Steller sea 

lions. The most sensitive months for 

northern elephant seals are generally 

December through March. However, 

though elephant seal pups are 

occasionally present when researchers 

visit abalone survey sites, risk of pup 

mortalities is very low because elephant 

seals are far less reactive to researcher 

presence than the other two species. 

Further, pups are typically found on 

sand beaches, while study sites are 

located in the rocky intertidal zone, 

meaning that there is typically a buffer 

between researchers and pups. Finally, 

the caution used by researchers in 

approaching sites generally precludes 

the possibility of behavior, such as 

stampeding, that could result in 

extended separation of mothers and 

dependent pups or trampling of 

elephant seal pups. No research would 

occur where separation of mother and 

her nursing pup or crushing of pups can 

become a concern. 

In summary, NMFS does not 

anticipate that the proposed activities 

would result in the injury, serious 

injury, or mortality of pinnipeds 

because (1) the timing of research visits 

would preclude separation of mothers 

and pups for four of the pinniped 

species, as activities occur outside of the 

pupping/breeding season and (2) 

elephant seals are generally not 

susceptible to disturbance as a result of 

researchers’ presence. In addition, 

researchers will exercise appropriate 

caution approaching sites, especially 

when pups are present and will redirect 

activities when pups are present. 

Anticipated Effects on Marine Mammal 

Habitat 

The only habitat modification 

associated with the proposed activity is 

the quadrat locations being marked with 

marine epoxy. The plot corners are 

marked with a 3x3 cm (1.2x1.2 in) patch 

of marine epoxy glued to the benchrock 

for relocating the quadrat sites. Markers 

have been in place since 1993, and 

pinniped populations have increased 

throughout the islands during this time. 

Maintenance is sometimes required, 

which consists of replenishing worn 

markers with fresh epoxy or replacing 

markers that have become dislodged. No 

gas power tools are used, so there is no 

potential for noise or accidental fuel 

spills disturbing animals and impacting 

habitats. Thus, the proposed activity is 

not expected to have any habitat-related 

effects, including to marine mammal 

prey species, that could cause 

significant or long-term consequences 

for individual marine mammals or their 

populations. 

Proposed Mitigation 

In order to issue an incidental take 

authorization (ITA) under section 

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

set forth the permissible methods of 

taking pursuant to such activity, and 

other means of effecting the least 

practicable impact on such species or 

stock and its habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance, and on 

the availability of such species or stock 

for taking for certain subsistence uses 

(where relevant). 

Mitigation Measures 

GFNMS proposes to implement 

several mitigation measures to reduce 

potential take by Level B (behavioral 

disturbance) harassment. Measures 

include: (1) Coordinating sampling 

efforts with other permitted activities 

(i.e., Point Blue and USFWS); (2) 

conducting slow movements and 

staying close to the ground to prevent or 

minimize stampeding; (3) avoiding loud 

noises (i.e., using hushed voices); (4) 

vacating the area as soon as sampling of 

the site is completed; (5) monitoring the 

offshore area for predators (such as 

killer whales and white sharks) and 

avoid flushing of pinnipeds when 

predators are observed in nearshore 

waters; (6) using binoculars to detect 

pinnipeds before close approach to 

avoid being seen by animals; and (7) 

rescheduling work at sites where pups 

are present, unless other means to 

accomplishing the work can be done 

without causing disturbance to mothers 

and dependent pups. 

The methodologies and actions noted 

in this section will be utilized and 

included as mitigation measures in any 

issued IHA to ensure that impacts to 

marine mammals are mitigated to the 

lowest level practicable. The primary 

method of mitigating the risk of 

disturbance to pinnipeds, which will be 

in use at all times, is the selection of 

judicious routes of approach to abalone 

study sites, avoiding close contact with 

pinnipeds hauled out on shore, and the 

use of extreme caution upon approach. 

In no case will marine mammals be 

deliberately approached by abalone 

survey personnel, and in all cases every 

possible measure will be taken to select 

a pathway of approach to study sites 

that minimizes the number of marine 

mammals potentially harassed. In 

general, researchers will stay inshore of 

pinnipeds whenever possible to allow 

maximum escape to the ocean. Each 

visit to a given study site will last for 

approximately 3–4 hours, after which 

the site is vacated and can be reoccupied by any marine mammals that 

may have been disturbed by the 

presence of abalone researchers. By 

arriving before low tide, worker 

presence will tend to encourage 

pinnipeds to move to other areas for the 

day before they haul out and settle onto 

rocks at low tide. 

The following measures are proposed 

for implementation to avoid 

disturbances to elephant seal pups. 

Disturbances to females with dependent 

pups can be mitigated to the greatest 

extent practicable by avoiding visits to 

those intertidal sites with pinnipeds 

that are actively nursing, with the 

exception of northern elephant seals. 

January has been selected as the time of 

year for conducting intertidal survey 

work in order to minimize the risk of 

harassment. This time of year avoids the 

disturbance to young, dependent pups, 

with the exception of northern elephant 

seals. Harassment of nursing northern 

elephant seal pups may occur but only 

to a limited extent. Disruption of 

nursing to northern elephant seal pups 

will occur only as biologists pass by the 

area. No flushing on nursing northern 

elephant seal pups will occur, and no 

disturbance to newborn northern 

elephant seals (pups less than one week 


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old) will occur. Moreover, elephant 

seals have a much higher tolerance of 

nearby human activity than sea lions or 

harbor seals. In the event of finding 

pinnipeds breeding and nursing, the 

intertidal monitoring activities will be 

re-directed to sites where these 

activities and behaviors are not 

occurring. This mitigation measure will 

reduce the possibility of takes by 

harassment and further reduce the 

remote possibility of serious injury or 

mortality of dependent pups. 

GFNMS will suspend sampling and 

monitoring operations immediately if an 

injured marine mammal is found in the 

vicinity of the project area and the 

abalone site sampling activities could 

aggravate its condition. 

Mitigation Conclusions 

NMFS has carefully evaluated 

GFNMS’ proposed mitigation measures 

and considered a range of other 

measures in the context of ensuring that 

NMFS prescribes the means of effecting 

the least practicable impact on the 

affected marine mammal species and 

stocks and their habitat. Our evaluation 

of potential measures included 

consideration of the following factors in 

relation to one another: 

• The manner in which, and the 

degree to which, the successful 

implementation of the measure is 

expected to minimize adverse impacts 

to marine mammals; 

• The proven or likely efficacy of the 

specific measure to minimize adverse 

impacts as planned; and 

• The practicability of the measure 

for applicant implementation. 

Any mitigation measure(s) prescribed 

by NMFS should be able to accomplish, 

have a reasonable likelihood of 

accomplishing (based on current 

science), or contribute to the 

accomplishment of one or more of the 

general goals listed below: 

1. Avoidance or minimization of 

injury or death of marine mammals 

wherever possible (goals 2, 3, and 4 may 

contribute to this goal). 

2. A reduction in the numbers of 

marine mammals (total number or 

number at biologically important time 

or location) exposed to activities 

expected to result in the take of marine 

mammals (this goal may contribute to 1, 

above, or to reducing harassment takes 

only). 

3. A reduction in the number of times 

(total number or number at biologically 

important time or location) individuals 

would be exposed to activities expected 

to result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing harassment takes only). 

4. A reduction in the intensity of 

exposures (either total number or 

number at biologically important time 

or location) to activities expected to 

result in the take of marine mammals 

(this goal may contribute to 1, above, or 

to reducing the severity of harassment 

takes only). 

5. Avoidance or minimization of 

adverse effects to marine mammal 

habitat, paying special attention to the 

food base, activities that block or limit 

passage to or from biologically 

important areas, permanent destruction 

of habitat, or temporary destruction/

disturbance of habitat during a 

biologically important time. 

6. For monitoring directly related to 

mitigation—an increase in the 

probability of detecting marine 

mammals, thus allowing for more 

effective implementation of the 

mitigation. 

Based on our evaluation of the 

applicant’s proposed measures, NMFS 

has preliminarily determined that the 

proposed mitigation measures provide 

the means of effecting the least 

practicable impact on marine mammal 

species or stocks and their habitat, 

paying particular attention to rookeries, 

mating grounds, and areas of similar 

significance. 

Proposed Monitoring and Reporting 

In order to issue an ITA for an 

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

MMPA states that NMFS must set forth 

‘‘requirements pertaining to the 

monitoring and reporting of such 

taking’’. The MMPA implementing 

regulations at 50 CFR 216.104(a)(13) 

indicate that requests for ITAs 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 in the proposed 

action area. GFNMS submitted a marine 

mammal monitoring plan as part of the 

IHA application. It can be found in 

Section 13 of the application. The plan 

may be modified or supplemented based 

on comments or new information 

received from the public during the 

public comment period. 

Monitoring measures prescribed by 

NMFS should accomplish one or more 

of the following general goals: 

1. An increase in the probability of 

detecting marine mammals, both within 

the mitigation zone (thus allowing for 

more effective implementation of the 

mitigation) and in general to generate 

more data to contribute to the analyses 

mentioned below; 

2. An increase in our understanding 

of how many marine mammals are 

likely to be exposed to levels of 

potential stressor(s) associated with the 

action (e.g. sound or visual stimuli) that 

we associate with specific adverse 

effects, such as behavioral harassment, 

TTS, or PTS; 

3. An increase in our understanding 

of how marine mammals respond to 

stimuli expected to result in take and 

how anticipated adverse effects on 

individuals (in different ways and to 

varying degrees) may impact the 

population, species, or stock 

(specifically through effects on annual 

rates of recruitment or survival) through 

any of the following methods: 

D Behavioral observations in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

D Physiological measurements in the 

presence of stimuli compared to 

observations in the absence of stimuli 

(need to be able to accurately predict 

received level, distance from source, 

and other pertinent information); 

D Distribution and/or abundance 

comparisons in times or areas with 

concentrated stimuli versus times or 

areas without stimuli; 

4. An increased knowledge of the 

affected species; and 

5. An increase in our understanding 

of the effectiveness of certain mitigation 

and monitoring measures. 

Currently many aspects of pinniped 

research are being conducted by Point 

Blue scientists on the Farallon Islands, 

which includes elephant seal pup 

tagging and behavior observations with 

special notice to tagged animals. 

Additional observations are always 

desired, such as observations of 

pinniped carcasses bearing tags, as well 

as any rare or unusual marine mammal 

occurrences. GFNMS’ observations and 

reporting will add to the observational 

database and on-going marine mammal 

assessments on the Farallon Islands. 

GFNMS can add to the knowledge of 

pinnipeds on the South Farallon Islands 

by noting observations of: (1) Unusual 

behaviors, numbers, or distributions of 

pinnipeds, such that any potential 

follow-up research can be conducted by 

the appropriate personnel; (2) tagbearing carcasses of pinnipeds, allowing 

transmittal of the information to 

appropriate agencies and personnel; and 

(3) rare or unusual species of marine 

mammals for agency follow-up. 

Proposed monitoring requirements in 

relation to GFNMS’ abalone research 

surveys will include observations made 

by the applicant. Information recorded 


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will include species counts (with 

numbers of pups/juveniles), numbers of 

observed disturbances, and descriptions 

of the disturbance behaviors during the 

abalone surveys. Observations of 

unusual behaviors, numbers, or 

distributions of pinnipeds on the South 

Farallon Islands will be reported to 

NMFS and Point Blue so that any 

potential follow-up observations can be 

conducted by the appropriate personnel. 

In addition, observations of tag-bearing 

pinniped carcasses as well as any rare 

or unusual species of marine mammals 

will be reported to NMFS and Point 

Blue. 

If at any time injury, serious injury, or 

mortality of the species for which take 

is authorized should occur, or if take of 

any kind of any other marine mammal 

occurs, and such action may be a result 

of the proposed abalone research, 

GFNMS will suspend research activities 

and contact NMFS immediately to 

determine how best to proceed to ensure 

that another injury or death does not 

occur and to ensure that the applicant 

remains in compliance with the MMPA. 

A draft final report must be submitted 

to NMFS Office of Protected Resources 

within 60 days after the conclusion of 

the 2015 field season or 60 days prior 

to the start of the next field season if a 

new IHA will be requested. The report 

will include a summary of the 

information gathered pursuant to the 

monitoring requirements set forth in the 

IHA. A final report must be submitted 

to the Director of the NMFS Office of 

Protected Resources and to the NMFS 

West Coast Regional Administrator 

within 30 days after receiving comments 

from NMFS on the draft final report. If 

no comments are received from NMFS, 

the draft final report will be considered 

to be the final report. 

Estimated Take by Incidental 

Harassment 

Except with respect to certain 

activities not pertinent here, the MMPA 

defines ‘‘harassment’’ as: Any act of 

pursuit, torment, or annoyance which (i) 

has the potential to injure a marine 

mammal or marine mammal stock in the 

wild [Level A harassment]; or (ii) has 

the potential to disturb a marine 

mammal or marine mammal stock in the 

wild by causing disruption of behavioral 

patterns, including, but not limited to, 

migration, breathing, nursing, breeding, 

feeding, or sheltering [Level B 

harassment]. 

All anticipated takes would be by 

Level B harassment, involving 

temporary changes in behavior. The 

proposed mitigation and monitoring 

measures are expected to minimize the 

possibility of injurious or lethal takes 

such that take by injury, serious injury, 

or mortality is considered remote. 

Animals hauled out close to the actual 

survey sites may be disturbed by the 

presence of biologists and may alter 

their behavior or attempt to move away 

from the researchers. No motorized 

equipment is involved in conducting 

the proposed abalone monitoring 

surveys. 

As discussed earlier, NMFS considers 

an animal to have been harassed if it 

moved greater than 1 m (3.3 ft) in 

response to the researcher’s presence or 

if the animal was already moving and 

changed direction and/or speed, or if 

the animal flushed into the water. 

Animals that became alert without such 

movements were not considered 

harassed. The distribution of pinnipeds 

hauled out on beaches is not consistent 

throughout the year. The number of 

marine mammals disturbed will vary by 

month and location. PRBO (now Point 

Blue) obtains weekly counts of 

pinnipeds on the South Farallon 

Islands, dating back to the early 1970s. 

GFNMS used data collected by PRBO in 

Janaury 2012 and 2013 to estimate the 

number of pinnipeds that may 

potentially be taken by Level B 

(behavioral) harassment. Table 3 in 

GFNMS’ IHA application and Table 1 

here present the maximum numbers of 

California sea lions, harbor seals, 

northern elephant seals, northern fur 

seals, and Steller sea lions that may be 

present at the various sampling sites 

during the proposed activity timeframe 

under this proposed IHA. Based on this 

information, NMFS proposes to 

authorize the take, by Level B 

harassment only, of 7,126 California sea 

lions, 119 harbor seals, 66 northern 

elephant seals, 124 northern fur seals, 

and 112 Steller sea lions. These 

numbers are considered to be maximum 

take estimates; therefore, actual take 

may be slightly less if animals decide to 

haul out at a different location for the 

day or animals are out foraging at the 

time of the survey activities. 

Analysis and Preliminary 

Determination 

Negligible Impact 

Negligible impact is ‘‘an impact 

resulting from the specified activity that 

cannot be reasonably expected to, and is 

not reasonably likely to, adversely affect 

the species or stock through effects on 

annual rates of recruitment or survival’’ 

(50 CFR 216.103). 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 Level B harassment takes, alone, is 

not enough information on which to 

base an impact determination. In 

addition to considering estimates of the 

number of marine mammals that might 

be ‘‘taken’’ through behavioral 

harassment, NMFS must consider other 

factors, such as the likely nature of any 

responses (their intensity, duration, 

etc.), the context of any responses 

(critical reproductive time or location, 

feeding, migration, etc.), as well as the 

number and nature of estimated Level A 

harassment takes, the number of 

estimated mortalities, effects on habitat, 

and the status of the species. 

No injuries or mortalities are 

anticipated to occur as a result of 

GFNMS’ rocky intertidal monitoring 

work and searching for black abalone, 

and none are proposed to be authorized. 

The behavioral harassments that could 

occur would be of limited duration, as 

researchers will only conduct sampling 

over a period of 8 days. Additionally, 

each site is sampled for approximately 

3–4 hours before moving to the next 

sampling site. Therefore, disturbance 

will be limited to a short duration, 

allowing pinnipeds to reoccupy the sites 

within a short amount of time. 

Some of the pinniped species use the 

islands to conduct pupping and/or 

breeding. However, with the exception 

of northern elephant seals, GFNMS will 

conduct its abalone site sampling 

outside of the pupping/breeding 

seasons. GFNMS has proposed measures 

to minimize impacts to northern 

elephant seals nursing or tending to 

dependent pups. Such measures will 

avoid mother/pup separation or 

trampling of pups. 

BILLING CODE 3510–22–P 


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BILLING CODE 3510–22–C 

None of the five marine mammal 

species anticipated to occur in the 

proposed activity area are listed as 

threatened or endangered under the 

ESA. Taking into account the mitigation 

measures that are planned, effects to 

marine mammals are generally expected 

to be restricted to short-term changes in 

behavior or temporary abandonment of 

haulout sites, falling within the MMPA 

definition of ‘‘Level B harassment.’’ 

Pinnipeds are not expected to 

permanently abandon any area that is 

surveyed by researchers, as is evidenced 

by continued presence of pinnipeds at 

the sites during annual monitoring 

counts. Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

proposed mitigation and monitoring 

measures, NMFS preliminarily finds 

that the total marine mammal take from 

GFNMS’ rocky intertidal monitoring 

program will not adversely affect annual 

rates of recruitment or survival and 

therefore will have a negligible impact 

on the affected species or stocks. 

Small Numbers 

Table 2 in this document presents the 

abundance of each species or stock, the 

proposed take estimates, and the 

percentage of the affected populations 

or stocks that may be taken by 

harassment. Based on these estimates, 

GFNMS would take less than 1% of 

each species or stock, with the 

exception of the California sea lion, 

which would result in an estimated take 

of 2.4% of the stock. Because these are 

maximum estimates, actual take 

numbers are likely to be lower, as some 

animals may select other haulout sites 

the day the researchers are present. 


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TABLE 2—POPULATION ABUNDANCE ESTIMATES, TOTAL PROPOSED LEVEL B TAKE, AND PERCENTAGE OF POPULATION

THAT MAY BE TAKEN FOR THE POTENTIALLY AFFECTED SPECIES DURING THE PROPOSED ROCKY INTERTIDAL MONITORING PROGRAM

Species Abundance * Total proposed 

Level B take 

Percentage 

of stock or 

population 

Harbor Seal ..................................................................... 30,196 ............................................................................. 119 0.4

California Sea Lion ......................................................... 296,750 ........................................................................... 7,126 2.4

Northern Elephant Seal .................................................. 124,000 ........................................................................... 66 0.05 

Steller Sea Lion .............................................................. 63,160 to 78,198 ............................................................ 112 0.1–0.2

Northern Fur Seal ........................................................... 12,844 ............................................................................. * 124 0.01 

* Abundance estimates are taken from the 2013 U.S. Pacific Marine Mammal Stock Assessments (Carretta et al., 2014) and 2013 Alaska 

Marin Mammal Stock Assessments (Allen and Anglis, 2014). 

Impact on Availability of Affected 

Species or Stock for Taking for 

Subsistence Uses 

There are no relevant subsistence uses 

of marine mammals implicated by this 

action. Therefore, NMFS has 

determined that the total taking of 

affected species or stocks would not 

have an unmitigable adverse impact on 

the availability of such species or stocks 

for taking for subsistence purposes. 

Endangered Species Act (ESA) 

None of the marine mammals for 

which incidental take is proposed are 

listed as threatened or endangered 

under the ESA. Therefore, NMFS has 

determined that issuance of the 

proposed IHA to GFNMS under section 

101(a)(5)(D) of the MMPA will have no 

effect on species listed as threatened or 

endangered under the ESA. 

National Environmental Policy Act 

(NEPA) 

In 2012, we prepared an 

Environmental Assessment (EA) 

analyzing the potential effects to the 

human environment from conducting 

rocky intertidal surveys along the 

California and Oregon coasts and issued 

a Finding of No Significant Impact 

(FONSI) on the issuance of an IHA for 

GFNMS’ rocky intertidal surveys in 

accordance with section 6.01 of the 

NOAA Administrative Order 216–6 

(Environmental Review Procedures for 

Implementing the National 

Environmental Policy Act, May 20, 

1999). GFNMS’ proposed activities and 

impacts for 2015 are within the scope of 

our 2012 EA and FONSI. We have 

reviewed the 2012 EA and determined 

that there are no new direct, indirect, or 

cumulative impacts to the human and 

natural environment associated with the 

IHA requiring evaluation in a 

supplemental EA and we, therefore, 

intend to reaffirm the 2012 FONSI. 

Proposed Authorization 

As a result of these preliminary 

determinations, NMFS proposes to 

authorize the take of marine mammals 

incidental to GFNMS’ rocky intertidal 

and black abalone monitoring research 

activities, provided the previously 

mentioned mitigation, monitoring, and 

reporting requirements are incorporated. 

The proposed IHA language is provided 

next. 

This section contains a draft of the 

IHA itself. The wording contained in 

this section is proposed for inclusion in 

the IHA (if issued). 

1. This IHA is valid from January 10, 

2015, through January 30, 2015. 

2. This IHA is valid only for specified 

activities associated with rocky 

intertidal monitoring surveys at specific 

sites Southeast Farallon and West End 

Islands, CA. 

3. General Conditions 

a. A copy of this IHA must be in the 

possession of personnel operating under 

the authority of this authorization. 

b. The incidental taking of marine 

mammals, by Level B harassment only, 

is limited to the following species: 

i. 119 harbor seal (Phoca vitulina 

richardii); 

ii. 7,126 California sea lion (Zalophus 

californianus); 

iii. 66 northern elephant seal 

(Mirounga angustirostris); 

iv. 24 northern fur seal (Callorhinus 

ursinus); and 

v. 112 Steller sea lion (Eumetopias 

jubatus). 

c. The taking by injury (Level A 

harassment), serious injury, or death of 

any of the species listed in condition 

3(b) of the IHA or any taking of any 

other species of marine mammal is 

prohibited and may result in the 

modification, suspension, or revocation 

of this IHA. 

4. Mitigation Measures: In order to 

ensure the least practicable impact on 

the species listed in condition 3(b), the 

holder of this IHA is required to 

implement the following mitigation 

measures: 

a. Field biologists must approach 

study sites cautiously and quietly, such 

that any disturbance of pinnipeds is 

minimized. The pathway and rate of 

approach must be chosen judiciously, 

avoiding to the extent possible any 

deliberate approach of hauled-out 

pinnipeds. If deliberate approach is 

unavoidable, field biologists must 

approach gradually such that 

stampeding of pinnipeds is avoided. 

Specific care must be taken to avoid any 

disturbance that may place pinniped 

pups at risk. Site visits should be 

limited to no more than 6 hours in the 

absence of extenuating circumstances, 

and personnel shall vacate the area as 

soon as sampling of the site is 

completed. 

b. GFNMS staff shall coordinate 

sampling efforts with other permitted 

activities (i.e., Point Blue and the U.S. 

Fish and Wildlife Service). 

c. Staff shall use binoculars to detect 

pinnipeds before close approach to 

avoid being seen by the animals. 

d. Staff shall monitor the offshore area 

for predators (such as killer whales and 

white sharks) and avoid flushing of 

pinnipeds when predators are observed 

in nearshore waters. 

e. Staff shall reschedule work at sites 

where pups are present, unless other 

means to accomplishing the work can be 

done without causing disturbance to 

mothers and dependent pups. 

f. In the event of finding pinnipeds 

breeding or nursing, GFNMS staff shall 

redirect activities to sites where these 

life function behaviors are not 

occurring. 

5. Monitoring: The holder of this IHA 

is required to conduct monitoring of 

marine mammals present at study sites 

prior to approaching the sites. 

a. Information to be recorded shall 

include the following: 

i. Species counts (with numbers of 

pups/juveniles); and 

ii. Numbers of disturbances, by 

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

Head orientation in response to 


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disturbance, which may include turning 

head towards the disturbance, craning 

head and neck while holding the body 

rigid in a u-shaped position, or changing 

from a lying to a sitting position and/or 

slight movement of less than 1 m; 

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

away from disturbance, typically over 

short distances (1–3 m) and including 

dramatic changes in direction or speed 

of locomotion for animals already in 

motion; ‘‘movement’’; and (3) All 

flushes to the water as well as lengthier 

retreats (>.3 m); ‘‘flight’’. 

6. Reporting: The holder of this IHA 

is required to: 

a. Report observations of unusual 

behaviors, numbers, or distributions of 

pinnipeds, or of tag-bearing carcasses, to 

Point Blue and NMFS Southwest 

Fisheries Science Center (SWFSC). 

b. Submit a draft monitoring report to 

NMFS Office of Protected Resources 

within 60 days after the conclusion of 

the 2015 field season or 60 days prior 

to the start of the next field season if a 

new IHA will be requested. A final 

report shall be prepared and submitted 

within 30 days following resolution of 

any comments on the draft report from 

NMFS. This report must contain the 

informational elements described above, 

at minimum. 

c. Reporting injured or dead marine 

mammals: 

i. In the event that the specified 

activity clearly causes the take of a 

marine mammal in a manner prohibited 

by this IHA, such as an injury (Level A 

harassment), serious injury, or 

mortality, GFNMS shall immediately 

cease the specified activities and report 

the incident to the Office of Protected 

Resources (301–427–8401), NMFS, and 

the Southwest Regional Stranding 

Coordinator (562–980–3230), NMFS. 

The report must include the following 

information: 

1. Time and date of the incident; 

2. Description of the incident; 

3. Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

4. Description of all marine mammal 

observations in the 24 hours preceding 

the incident; 

5. Species identification or 

description of the animal(s) involved; 

6. Fate of the animal(s); and 

7. Photographs or video footage of the 

animal(s). 

Activities shall not resume until 

NMFS is able to review the 

circumstances of the prohibited take. 

NMFS will work with GFNMS to 

determine what measures are necessary 

to minimize the likelihood of further 

prohibited take and ensure MMPA 

compliance. PISCO may not resume the 

activities until notified by NMFS. 

ii. In the event that an injured or dead 

marine mammal is discovered and it is 

determined that the cause of the injury 

or death is unknown and the death is 

relatively recent (e.g., in less than a 

moderate state of decomposition), 

GFNMS shall immediately report the 

incident to the Office of Protected 

Resources, NMFS, and the Southwest 

Regional Stranding Coordinator, NMFS. 

The report must include the same 

information identified in 6(c)(i) of this 

IHA. Activities may continue while 

NMFS reviews the circumstances of the 

incident. NMFS will work with GFNMS 

to determine whether additional 

mitigation measures or modifications to 

the activities are appropriate. 

iii. In the event that an injured or 

dead marine mammal is discovered and 

it is determined that the injury or death 

is not associated with or related to the 

activities authorized in the IHA (e.g., 

previously wounded animal, carcass 

with moderate to advanced 

decomposition, or scavenger damage), 

GFNMS shall report the incident to the 

Office of Protected Resources, NMFS, 

and the Southwest Regional Stranding 

Coordinator, NMFS, within 24 hours of 

the discovery. GFNMS shall provide 

photographs or video footage or other 

documentation of the stranded animal 

sighting to NMFS. Activities may 

continue while NMFS reviews the 

circumstances of the incident. 

7. This IHA may be modified, 

suspended or withdrawn if the holder 

fails to abide by the conditions 

prescribed herein or if NMFS 

determines the authorized taking is 

having more than a negligible impact on 

the species or stock of affected marine 

mammals. 

Request for Public Comments 

NMFS requests comment on our 

analysis, the draft authorization, and 

any other aspect of the Notice of 

Proposed IHA for GFNMS’ proposed 

rocky intertidal monitoring program. 

Please include with your comments any 

supporting data or literature citations to 

help inform our final decision on 

GFNMS’ request for an MMPA 

authorization. 

Dated: November 26, 2014. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2014–28391 Filed 12–1–14; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

Patent and Trademark Office 

Recording Assignments 

ACTION: Proposed collection; comment 

request. 

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