[Federal Register Volume 79, Number 231 (Tuesday, December 2, 2014)]
[Notices]
[Pages 71388-71397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-28391]


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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.

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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 <a href="/cdn-cgi/l/email-protection#c8819c98e698a9bda4a1a6ad88a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="f8b1aca8d6a8998d9491969db896979999d69f978e">[email protected]</span></a>. 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 long-term 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

[[Page 71389]]

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 
non-destructive 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

[[Page 71390]]

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[deg] 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 non-breeders. 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[deg] 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.

[[Page 71391]]

    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

[[Page 71392]]

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 non-obstructive 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 high-
relief 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 re-occupied 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

[[Page 71393]]

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:
    <bullet> The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammals;
    <bullet> The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    <bullet> 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:
    [ssquf] 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);
    [ssquf] 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);
    [ssquf] 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) tag-bearing 
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

[[Page 71394]]

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., population-
level 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.
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[[Page 71395]]

[GRAPHIC] [TIFF OMITTED] TN02DE14.003

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.

[[Page 71396]]



 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
----------------------------------------------------------------------------------------------------------------
                                                                                                      Percentage
                    Species                                  Abundance *             Total proposed  of stock or
                                                                                      Level B take    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 
three-point scale of intensity including (1) Head orientation in 
response to

[[Page 71397]]

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


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