[Federal Register Volume 79, Number 246 (Tuesday, December 23, 2014)]
[Notices]
[Pages 76975-76985]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29991]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD660


Takes of Marine Mammals Incidental to Specified Activities; 
Seabird and Pinniped Research Activities in Central California, 2015-
2016

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: We, NMFS, have received an application from Point Blue 
Conservation Science (Point Blue) requesting an Incidental Harassment 
Authorization (Authorization) to take marine mammals, by harassment, 
incidental to conducting proposed seabird research activities on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore in central California from January 2015 through 
January 2016. Per the Marine Mammal Protection Act, we are requesting 
comments on our proposal to issue an Authorization to Point Blue to 
incidentally harass, by Level B harassment only, four species of marine 
mammals during the year-long monitoring project.

ADDRESSES: Address comments on the application 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#db928f8bf598b4bfa29bb5b4babaf5bcb4ad"><span class="__cf_email__" data-cfemail="c0899490ee83afa4b980aeafa1a1eea7afb6">[email protected]</span></a>. You must include 0648-XD660 in the 
subject line. We are 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. 
NMFS is not responsible for email comments sent to addresses other than 
the one provided here.
    Instructions: All submitted comments are a part of the public 
record and NMFS will post them to http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm without change. All Personal Identifying 
Information (for example, name, address, etc.) voluntarily submitted by 
the commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.
    To obtain an electronic copy of the application, a list of the 
references used in this document, and Point Blue's Authorization 
request, visit the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/military.htm.
    NMFS prepared an Environmental Assessment (EA) in 2014 titled 
``Issuance of an Incidental Harassment Authorization to Point Blue 
Conservation Science and Partners to Take Marine Mammals by Harassment 
Incidental to Seabird and Pinniped Research Conducted in Central 
California.'' We provided relevant environmental information to the 
public through a notice for a previous proposed authorization (78 FR 
66686, November 6, 2013) and considered public comments received in 
response prior to finalizing our EA.
    At that time, NMFS concluded that issuance of an annual 
Authorization would not significantly affect the quality of the human 
environment and issued a Finding of No Significant Impact (FONSI) 
regarding issuing an Authorization for Point Blue's 2014-2015 seabird 
research activities. In conjunction with Point Blue's 2015-2016 
application, NMFS will review the 2014 EA to determine whether 
supplementation is necessary. Information from Point Blue's 
application, NMFS' 2014 EA, and this notice collectively provide the 
environmental information related to a proposed issuance of the 
Authorization for public review and comment. An electronic copy of the 
EA for this activity is available upon request (see ADDRESSES).

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

SUPPLEMENTARY INFORMATION: Section 101(a)(5)(D) of the Marine Mammal 
Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.) 
directs the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals of a species or population stock, by U.S. citizens who engage 
in a specified activity (other than commercial fishing) within a 
specified geographical region if, after NMFS provides a notice of a 
proposed authorization to the public for review and comment: (1) NMFS 
makes certain findings; and (2) the taking is limited to harassment.

[[Page 76976]]

    Through the authority delegated by the Secretary, NMFS shall grant 
an Authorization for the incidental taking of small numbers of marine 
mammals if NMFS finds that the taking will have a negligible impact on 
the species or stock(s), and will not have an unmitigable adverse 
impact on the availability of the species or stock(s) for subsistence 
uses (where relevant).
    Except with respect to certain activities not pertinent here, the 
Marine Mammal Protection Act 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 July 30, 2014, NMFS received an application from Point Blue 
requesting the taking by harassment of small numbers of marine mammals 
incidental to conducting seabird research activities on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore in central California. Point Blue, along with partners Oikonos 
Ecosystem Knowledge and Point Reyes National Seashore, plan to conduct 
the proposed activities for one year. These partners are conducting 
this research under cooperative agreements with the U.S. Fish and 
Wildlife Service in consultation with the Gulf of the Farallones 
National Marine Sanctuary. We determined the application complete and 
adequate on December 7, 2014.
    Their proposed research activities would involve monitoring and 
censusing seabird colonies; observing seabird nesting habitat; 
restoring nesting burrows; and resupplying a field station. The 
proposed activities would occur in the vicinity of pinniped haul out 
sites located on Southeast Farallon Island (37[deg]41'54.32'' N; 
123[deg]0'8.33'' W), A[ntilde]o Nuevo Island (37[deg]6'29.25'' N; 
122[deg]20'12.20'' W), or within Point Reyes National Seashore 
(37[deg]59'38.61'' N; 122[deg]58'24.90'' W) in central California.
    Acoustic and visual stimuli including: (1) Noise generated by 
motorboat approaches and departures; (2) noise generated during the 
resupplying of the field station; and (3) human presence during seabird 
and pinniped research activities, have the potential to cause 
California sea lions (Zalophus californianus), Pacific harbor seals 
(Phoca vitulina), northern elephant seals (Mirounga angustirostris), 
and Steller sea lions (Eumetopias jubatus) hauled out on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, or Point Reyes National 
Seashore to flush into the surrounding water or to cause a short-term 
behavioral disturbance for marine mammals in the proposed areas. These 
types of disturbances are the principal means of marine mammal taking 
associated with these activities. Point Blue has requested an 
authorization to take 10,092 California sea lions, 526 harbor seals, 
261 northern elephant seals, and 185 Steller sea lions (Eumetopias 
jubatus) by Level B harassment only.
    To date, we have issued six 1-year Incidental Harassment 
Authorizations to Point Blue for the conduct of the same activities 
from 2007 to 2015. The current Authorization expires on January 30, 
2015 (79 FR 6184, February 3, 2014). This is the organization's seventh 
request for an Authorization and they will submit a monitoring report 
to us no later than 90 days after the expiration of the current 
Authorization.

Description of the Specified Geographic Region

    The proposed action area consists of the following three locations 
in the northeast Pacific Ocean:

South Farallones Islands

    The South Farallon Islands consist of Southeast Farallon Island 
located at 37[deg]41'54.32'' N; 123[deg] 0'8.33'' W and West End 
Island. These two islands are directly adjacent to each other and 
separated by only a 30-foot (ft) (9.1 meter (m)) channel. The South 
Farallon Islands have a land area of approximately 120 acres (0.49 
square kilometers (km)) and are part of the Farallon National Wildlife 
Refuge. The islands are located near the edge of the continental shelf 
28 miles (mi) (45.1 km) west of San Francisco, CA, and lie within the 
waters of the Gulf of the Farallones National Marine Sanctuary.

A[ntilde]o Nuevo Island

    A[ntilde]o Nuevo Island located at 37[deg] 6'29.25'' N; 
122[deg]20'12.20'' W is one-quarter mile (402 m) offshore of A[ntilde]o 
Nuevo Point in San Mateo County, CA. This small 25-acre (0.1 square km) 
island is part of the A[ntilde]o Nuevo State Reserve, all of which is 
owned and operated by California State Parks. The Island lies within 
the Monterey Bay National Marine Sanctuary and the A[ntilde]o Nuevo 
State Marine Conservation Area.

Point Reyes National Seashore

    Point Reyes National Seashore located is approximately 40 miles 
(64.3 km) north of San Francisco Bay and also lies within the Gulf of 
the Farallones National Marine Sanctuary. The proposed research areas 
(Life Boat Station, Drakes Beach, and Point Bonita) are within the 
headland coastal areas of the National Park.

Description of the Specified Activity

Seabird Research on Southeast Farallon Island

    Point Blue proposes to conduct: (1) Daily observations of seabird 
colonies at a maximum frequency of three 15-minute visits per day; and 
(2) conduct daily observations of breeding common murres (Uria aalge) 
at a maximum frequency of one, 5-hour visit per day in September. These 
activities usually involve one or two observers conducting daily 
censuses of seabirds or conducting mark/recapture studies of breeding 
seabirds on Southeast Farallon Island. The researchers plan to access 
the island's two landing areas, the North Landing and the East Landing, 
by 14 to 18 ft (4.3 to 5.5 m) open motorboats which are hoisted onto 
the island using a derrick system and then travel by foot to coastal 
areas of the island to view breeding seabirds from behind an 
observation blind.
    The potential for incidental take related to the mark/recapture 
studies is very low as these activities are conducted within the 
interior of the island away from the intertidal areas where the 
pinnipeds haul out. Most potential for incidental take would occur when 
the researchers approach or depart the intertidal area by motorboat or 
when the researchers walk within 50 ft (15.2 m) of the haulout areas to 
enter the observation blinds to observe shorebirds.

Field Station Resupply on Southeast Farallon Island

    Point Blue proposes to resupply the field station once every two 
weeks at a maximum frequency of 26 visits. Resupply activities involve 
personnel approaching either the North Landing or East Landing by 
motorboat. At East Landing-the primary landing site-all personnel 
assisting with the landing would stay on the loading platform 
approximately 30 ft (9.1 m) above the water. At North Landing, loading 
operations would occur at the water level in the intertidal areas. Most 
potential for incidental take would occur when the researchers approach 
the area by motorboat or when the

[[Page 76977]]

researchers load or unload supplies onshore.

Seabird Research on A[ntilde]o Nuevo Island

    Point Blue and its partners propose to monitor seabird burrow 
nesting habitat quality and to conduct habitat restoration at a maximum 
frequency of 20 visits per year. This activity involves two to three 
researchers accessing the north side of the island by a 12 ft (3.7 m) 
Zodiac boat. Once onshore, the researchers will check subterranean nest 
boxes and restore any nesting habitat for approximately 15 minutes.
    Most potential for incidental take would occur at the landing beach 
on the north side of the island when the researchers arrive and depart 
to check the boxes. Non-breeding pinnipeds may occasionally be present, 
including California sea lions that may be hauled out near a small 
group of subterranean seabird nest boxes on the island terrace. In both 
locations researchers will be more than 50 ft (15.2 m) away from any 
potentially hauled out pinnipeds.

Seabird Research on Point Reyes National Seashore

    The National Park Service in collaboration with Point Blue monitors 
seabird breeding and roosting colonies; conducts habitat restoration; 
removes non-native plants; monitors intertidal areas; and maintains 
coastal dune habitat. Seabird monitoring usually involves one or two 
observers conducting the survey by small boats (12 to 22 ft; 3.6 to 6.7 
m) along the Point Reyes National Seashore shoreline. Researchers would 
visit the site at a maximum frequency of 20 times per year, with an 
emphasis on increasing monitoring during the nesting season. 
Researchers would conduct occasional, intermittent visits during the 
rest of the year.
    A majority of the research occurs in areas where marine mammals are 
not present. However, the potential for incidental harassment will 
occur at the landing beaches along Point Reyes Headland, boat ramps, or 
parking lots where northern elephant seals, harbor seals, or California 
sea lions may be hauled out in the vicinity.
    NMFS expects that acoustic and visual stimuli resulting from the 
proposed motorboat operations and human presence has the potential to 
harass marine mammals. NMFS also expects that these disturbances would 
be temporary and result, at worst, in a temporary modification in 
behavior and/or low-level physiological effects (Level B harassment) of 
certain species of marine mammals.

Description of the Marine Mammals in the Area of the Proposed Specified 
Activity

    The marine mammals most likely to be harassed incidental to 
conducting seabird research at the proposed research areas on Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore are primarily California sea lions, northern elephant seals, 
Pacific harbor seals, and to a lesser extent the eastern distinct 
population segment (DPS) of the Steller sea lion. NMFS presents general 
information on these species in the next section. NMFS refers the 
public to Carretta et al. (2014) and Allen and Angliss (2014) for 
additional information on the status, distribution, seasonal 
distribution, and life history of these species. 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.

Northern Elephant Seal

    Northern elephant seals are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The estimated population of the 
California Breeding Stock is approximately 124,000 animals and the 
maximum population growth rate is 11.7 percent (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 1,000 to 2,500 ft (330-800 m) 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.
    At Point Reyes, the population ranges from 1,500 and 2,000 animals 
(NPS, 2013a). Adult northern elephant seals visit Point Reyes twice a 
year (NPS, 2013a). They arrive in early winter from their feeding 
grounds off Alaska and the largest congregations occur in the winter, 
when the females arrive to deliver their pups and nurse them, and in 
spring when immature seals and adult females return to molt. During the 
time they are onshore they are fasting (NPS, 2013b).
    At Southeast Farallon, the population consists of approximately 500 
animals (FNMS, 2013). Northern elephant seals began recolonizing the 
South Farallon Islands in the early 1970s (Stewart et al., 1994) at 
which time the colony grew rapidly. In 1983 a record 475 pups were born 
on the South Farallones (Stewart et al., 1994). Since then, the size of 
the South Farallones colony has declined, stabilizing in the early 
2000s and then declining further over the past six years (USFWS, 2013). 
In 2012, a total of 90 cows were counted on the South Farallones, and 
60 pups were weaned (USFWS, 2013). Point Blue's average monthly counts 
from 2000 to 2009 ranged from 20 individuals in July to nearly 500 
individuals in November (USFWS, 2013).
    Northern elephant seals are present on the islands and in the 
waters surrounding the South Farallones year-round for either breeding 
or molting; however, they are more abundant during breeding and peak 
molting seasons (Le Boeuf and Laws 1994, Sydeman and Allen, 1997). They 
live and feed in deep, offshore waters the remainder of the year.
    In mid-December, adult males begin arriving on the South 
Farallones, closely followed by pregnant females on the verge of giving 
birth. Females give birth to a single pup, generally in late December 
or January (Le Boeuf and Laws, 1994) and nurse their pups for 
approximately four weeks (Reiter et al., 1978). Upon pup weaning, 
females mate with an adult male and then depart the islands. The last 
adult breeders depart the islands in mid-March. The spring peak of 
elephant seals on the rookery occurs in April, when females and 
immature seals (approximately one to four years old) arrive at the 
colony to molt (a one month process) (USFWS, 2013). The year's new pups 
remain on the island throughout both of these peaks, generally leaving 
by the end of April (USFWS, 2013).
    The lowest numbers of elephant seals present on the rookery occurs 
during June, July, and August, when sub-adult and adult males molt. 
Another peak of young seals return to the rookery for a

[[Page 76978]]

haul-out period in October, and at that time some individuals undergo 
partial molt (Le Boeuf and Laws, 1994). At A[ntilde]o Nuevo Island the 
population ranges from 900 to 1,000 adults.
    Observers first sighted elephant seals on A[ntilde]o Nuevo Island 
in 1955 and today the population ranges from 900 to 1,000 adults (M. 
Lowry, unpubl. data). Males began to haul out on the mainland in 1965. 
California State Park reports that by 1988/1989, approximately 2,000 
elephant seals came ashore to A[ntilde]o Nuevo (CSP, 2012).

California Sea Lion

    California sea lions are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. 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).
    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 
four to five 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 four 
and 10 months of age (NMML, 2010).
    Adult and juvenile males will migrate as far north as British 
Columbia, Canada while females and pups remain in southern California 
waters in the non-breeding season. In warm water (El Ni[ntilde]o) 
years, some females are found as far north as Washington and Oregon, 
presumably following prey.
    The U.S. stock of California sea lion is the only stock present in 
the proposed research area and in recent years, California sea lions 
have begun to breed annually in small numbers at Southeast Farallon and 
A[ntilde]o Nuevo Islands.
    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 lions at Point Reyes National 
Seashore haul out at only a few locations, but will occur on human 
structures such as boat ramps. The annual population averages around 
300 to 500 during the fall through spring months, although on occasion, 
several thousand sea lions can arrive depending upon local prey 
resources (S. Allen, unpublished data). On A[ntilde]o Nuevo Island, 
California sea lions may haulout at one of eight beach areas on the 
perimeter of the island (see Figure 2 in the Application). The island's 
average population ranges from 4,000 to 9,500 animals (M. Lowry, 
unpublished data).

Pacific Harbor Seal

    Pacific harbor seals are not listed as threatened or endangered 
under the Endangered Species Act, nor are they categorized as depleted 
under the Marine Mammal Protection Act. The estimated population of 
harbor seals is 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. richardsi in the northeast 
Pacific Ocean. The latter subspecies, recognized as three separate 
stocks, inhabits the west coast of the continental United States, 
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). 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.
    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 (Point Blue unpublished data). Harbor seals at 
Point Reyes National Seashore haul out at nine locations with an annual 
population of up to 4,000 animals (M. Lowry, unpublished data). On 
A[ntilde]o Nuevo Island, harbor seals may haulout at one of eight beach 
areas on the perimeter of the island (see Figure 2 in Point Blue's 
Application) and the island's average population ranges from 100 to 150 
animals (M. Lowry, unpublished data).

Steller Sea Lion

    Steller sea lions consist of two distinct population segments: The 
western and eastern distinct population segments divided at 144[deg] 
West longitude (Cape Suckling, Alaska). On October 23, 2013 NMFS found 
that the eastern distinct population segment of Steller sea lions has 
recovered. As a result of the finding, NMFS removed them from the list 
of threatened species under the ESA.
    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.
    The western segment of Steller sea lions inhabit central and 
western Gulf of Alaska, Aleutian Islands, as well as coastal waters and 
breed in Asia (e.g., Japan and Russia). The eastern segment includes 
sea lions living in southeast Alaska, British Columbia, California, and 
Oregon.
    In 2014, the estimated population of the eastern distinct 
population segment ranged from a minimum of 63,160 to 78,198 animals 
and the maximum population growth rate is 12.1 percent (Allen and 
Angliss, 2014).
    The eastern distinct population segment 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

[[Page 76979]]

California and new rookeries established in southeastern Alaska 
(Pitcher et al., 2007).
    The current population of 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, 2014).
    Point Blue estimates that between 50 and 150 Steller sea lions live 
on the Farallon Islands. 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).
    The National Marine Fisheries Service's Southwest Fisheries Science 
Center estimates between 400 and 600 live on A[ntilde]o Nuevo Island 
(Point Blue unpublished data, 2008; Southwest Fisheries Science Center 
unpublished data, 2008). At A[ntilde]o Nuevo Island off central 
California, a steady decline in ground counts started around 1970, and 
there was an 85 percent reduction in the breeding population by 1987 
(LeBoeuf et al., 1991).
    Pup counts at A[ntilde]o Nuevo Island declined five percent 
annually through the 1990s (NOAA Stock Assessment, 2003), and have 
apparently stabilized between 2001 and 2005 (M. Lowry, SWFSC 
unpublished data). In 2000, the combined pup estimate for both islands 
was 349. In 2005, the pup estimate was 204 on the Island. Pup counts on 
the Farallon Islands have generally varied from five to 15 (Hastings 
and Sydeman, 2002; Point Blue unpublished data). Pups have not been 
born at Point Reyes Headland since the 1970s and Steller sea lions are 
seen in very low numbers there currently (S. Allen, unpublished data).

Other Marine Mammals in the Proposed Action Area

    California (southern) sea otters (Enhydra lutris nereis), listed as 
threatened under the Endangered Species Act and categorized as depleted 
under the Marine Mammal Protection Act, usually range in coastal waters 
within two km of shore. Point Blue has not encountered California sea 
otters on Southeast Farallon Island, A[ntilde]o Nuevo Island, or Point 
Reyes National Seashore during the course of seabird or pinniped 
research activities over the past five years. This species is managed 
by the U.S. Fish and Wildlife Service and is not considered further in 
this notice.

Potential Effects of the Specified Activities on Marine Mammals

    This section includes a summary and discussion of the ways that the 
types of stressors associated with the specified activity (e.g., human 
presence and vessel movement) impact marine mammals (via observations 
or scientific studies). This section may include a discussion of known 
effects that do not rise to the level of an MMPA take (for example, 
with acoustics, NMFS may include a discussion of studies of animals 
exhibiting no reaction to sound or exhibiting barely perceptible 
avoidance behaviors). This discussion may also include reactions that 
we consider to rise to the level of a take.
    We intend to provide a background of potential effects of Point 
Blue's research activities in this section. This section does not 
consider the specific manner in which Point Blue would carry out the 
proposed activity, what mitigation measures Point Blue would implement, 
and how either of those would shape the anticipated impacts from this 
specific activity. The ``Estimated Take by Incidental Harassment'' 
section later in this document will include a quantitative analysis of 
the number of individuals that we expect Point Blue to take during this 
activity. The ``Negligible Impact Analysis'' section will include the 
analysis of how the seabird research activities would impact marine 
mammals. NMFS will consider the content of the following sections: (1) 
Estimated Take by Incidental Harassment; (3) Proposed Mitigation; and 
(4) Anticipated Effects on Marine Mammal Habitat, to draw conclusions 
regarding the likely impacts of this activity on the reproductive 
success or survivorship of individuals--and from that consideration--
the likely impacts of this activity on the affected marine mammal 
populations or stocks.
    Acoustic and visual stimuli generated by: (1) Motorboat operations; 
and (2) the appearance of researchers may have the potential to cause 
Level B harassment of any pinnipeds hauled out on Southeast Farallon 
Island, A[ntilde]o Nuevo Island, or Point Reyes National Seashore. The 
effects of sounds from motorboat operations and the appearance of 
researchers might include hearing impairment or behavioral disturbance 
(Southall, et al., 2007).

Hearing Impairment

    Marine mammals produce sounds in various important contexts--social 
interactions, foraging, navigating, and responding to predators. The 
best available science suggests that pinnipeds have a functional aerial 
hearing sensitivity between 75 hertz (Hz) and 75 kilohertz (kHz) and 
can produce a diversity of sounds, though generally from 100 Hz to 
several tens of kHz (Southall, et al., 2007).
    Exposure to high intensity sound for a sufficient duration may 
result in auditory effects such as a noise-induced threshold shift--an 
increase in the auditory threshold after exposure to noise (Finneran, 
Carder, Schlundt, and Ridgway, 2005). Factors that influence the amount 
of threshold shift include the amplitude, duration, frequency content, 
temporal pattern, and energy distribution of noise exposure. The 
magnitude of hearing threshold shift normally decreases over time 
following cessation of the noise exposure. The amount of threshold 
shift just after exposure is called the initial threshold shift. If the 
threshold shift eventually returns to zero (i.e., the threshold returns 
to the pre-exposure value), it is called temporary threshold shift 
(Southall et al., 2007).
    Pinnipeds have the potential to be disturbed by airborne and 
underwater noise generated by the small boats equipped with outboard 
engines (Richardson, Greene, Malme, and Thomson, 1995). However, there 
is a dearth of information on acoustic effects of motorboats on 
pinniped hearing and communication and to our knowledge there has been 
no specific documentation of hearing impairment in free-ranging 
pinnipeds exposed to small motorboats during realistic field 
conditions.

Behavioral Disturbance

    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). Disturbance includes a variety of effects, including 
subtle to conspicuous changes in behavior, movement, and displacement. 
Reactions to sound, if any, depend on species, state of maturity, 
experience, current activity, reproductive state, time of day, and many 
other factors (Richardson et al., 1995; Wartzok et al., 2004; Southall 
et al., 2007; Weilgart, 2007). If a sound source displaces marine 
mammals from an important feeding or breeding area for a prolonged 
period, impacts on individuals and populations could be significant 
(e.g., Lusseau and Bejder, 2007; Weilgart, 2007).
    Numerous studies have shown that human activity can flush harbor 
seals off haulout sites (Allen et al., 1984;

[[Page 76980]]

Calambokidis et al., 1991; Suryan and Harvey, 1999; and Mortenson et 
al., 2000). 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).
    In 1997, Henry and Hammil (2001) conducted a study to measure the 
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats) 
on harbor seal haulout behavior in M[eacute]tis Bay, Quebec, Canada. 
During that study, the authors noted that the most frequent 
disturbances (n=73) were caused by lower speed, lingering kayaks and 
canoes (33.3 percent) as opposed to motorboats (27.8 percent) 
conducting high speed passes. The seal's flight reactions could be 
linked to a surprise factor by kayaks-canoes which approach slowly, 
quietly and low on water making them look like predators. However, the 
authors note that once the animals were disturbed, there did not appear 
to be any significant lingering effect on the recovery of numbers to 
their pre-disturbance levels. In conclusion, the study showed that boat 
traffic at current levels has only a temporary effect on the haulout 
behavior of harbor seals in the M[eacute]tis Bay area.
    In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haulout 
sites on Yellow Island, Washington state. The authors estimated the 
minimum distance between the vessels and the haul-out sites; 
categorized the vessel types; and evaluated seal responses to the 
disturbances. During the course of the seven-weekend study, the authors 
recorded 14 human-related disturbances which were associated with 
stopped powerboats and kayaks. During these events, hauled out seals 
became noticeably active and moved into the water. The flushing 
occurred when stopped kayaks and powerboats were at distances as far as 
453 and 1,217 ft (138 and 371 m) respectively. The authors note that 
the seals were unaffected by passing powerboats, even those approaching 
as close as 128 ft (39 m), possibly indicating that the animals had 
become tolerant of the brief presence of the vessels and ignored them. 
The authors reported that on average, the seals quickly recovered from 
the disturbances and returned to the haulout site in less than or equal 
to 60 minutes. Seal numbers did not return to pre-disturbance levels 
within 180 minutes of the disturbance less than one quarter of the time 
observed. The study concluded that the return of seal numbers to pre-
disturbance levels and the relatively regular seasonal cycle in 
abundance throughout the area counter the idea that disturbances from 
powerboats may result in site abandonment (Johnson and Acevedo-
Gutierrez, 2007).
    As a general statement from the available information, pinnipeds 
exposed to intense (approximately 110 to 120 decibels re: 20 [mu]Pa) 
non-pulse sounds often leave haulout areas and seek refuge temporarily 
(minutes to a few hours) in the water (Southall et al., 2007). Based on 
the available data, previous monitoring reports from Point Blue, and 
studies described here, we anticipate that any pinnipeds found in the 
vicinity of the proposed project could have short-term behavioral 
reactions to the noise attributed to Point Blue's motorboat operations 
and human presence related to the seabird research activities. We would 
expect the pinnipeds to return to a haulout site within 60 minutes of 
the disturbance (Allen et al., 1985). The effects to pinnipeds appear 
at the most, to displace the animals temporarily from their haul out 
sites and we do not expect that the pinnipeds would permanently abandon 
a haul-out site during the conduct of the proposed research. The 
maximum disturbance to Steller sea lions would result in the animals 
slowly flushing into the water in response to presence of the 
researchers.
    No research activities would occur on pinniped rookeries. Breeding 
animals are concentrated in areas where researchers would not visit. 
Therefore, NMFS does not expect mother and pup separation or crushing 
of pups during flushing. In summary, NMFS does not anticipate that the 
proposed activities would result in the injury, serious injury, or 
mortality of pinnipeds because the timing of research visits would 
preclude separation of mothers and pups, as activities occur outside of 
the pupping/breeding areas.
    The potential effects to marine mammals described in this section 
of the document do not take into consideration the proposed monitoring 
and mitigation measures described later in this document (see the 
``Proposed Mitigation'' and ``Proposed Monitoring and Reporting'' 
sections).

Anticipated Effects on Marine Mammal Habitat

    NMFS does not expect the proposed research activities 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. NMFS anticipates that the specified 
activity may result in marine mammals avoiding certain areas due to 
noise generated by: (1) Motorboat approaches and departures; (2) human 
presence during restoration activities and loading operations while 
resupplying the field station; and (3) human presence during seabird 
and pinniped research activities. NMFS considers this impact to habitat 
as temporary and reversible and considered this aspect in more detail 
earlier in this document, as behavioral modification. The main impact 
associated with the proposed activity will be temporarily elevated 
noise levels and the associated direct effects on marine mammals, 
previously discussed in this notice.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the Marine Mammal Protection Act, we must set forth the 
permissible methods of taking pursuant to such activity, and other 
means of effecting the least practicable adverse impact on such species 
or stock and its habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance, and the availability 
of such species or stock for taking for certain subsistence uses.
    Point Blue has based the mitigation measures which they will 
implement during the proposed research, on the following: (1) Protocols 
used during previous Point Blue seabird research activities as required 
by our previous authorizations for these activities; and (2) 
recommended best practices in Richardson et al. (1995).
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities Point Blue and/or its designees 
has proposed to implement the following mitigation measures for marine 
mammals:
    (1) Postpone beach landings on A[ntilde]o Nuevo Island until 
pinnipeds that may be present on the beach have slowly entered the 
water.
    (2) Select a pathway of approach to research sites that minimizes 
the number of marine mammals harassed.
    (3) Avoid visits to sites used by pinnipeds for pupping.
    (4) Monitor for offshore predators and do not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinas orca) are present. If Point Blue and/or its designees 
see predators in the area,

[[Page 76981]]

they must not disturb the animals until the area is free of predators.
    (5) Keep voices hushed and bodies low to the ground in the visual 
presence of pinnipeds.
    (6) Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    (7) Crawl slowly to access seabird nest boxes on A[ntilde]o Nuevo 
Island if pinnipeds are within view.
    (8) Coordinate research visits to intertidal areas of Southeast 
Farallon Island (to reduce potential take) and coordinate research 
goals for A[ntilde]o Nuevo Island to minimize the number of trips to 
the island.
    (9) Coordinate monitoring schedules on A[ntilde]o Nuevo Island, so 
that areas near any pinnipeds would be accessed only once per visit.
    (10) Have the lead biologist serve as an observer to evaluate 
incidental take.

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and have considered a range of other measures in the context 
of ensuring that we have prescribed the means of effecting the least 
practicable adverse impact on the affected marine mammal species and 
stocks and their habitat. NMFS' evaluation of potential measures 
included consideration of the following factors in relation to one 
another:
    (1) The manner in which, and the degree to which, we expect that 
the successful implementation of the measure would minimize adverse 
impacts to marine mammals;
    (2) The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
    (3) 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 Point Blue's proposed measures, we have 
preliminarily determined that the 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

    In order to issue an incidental take authorization for an activity, 
section 101(a)(5)(D) of the Marine Mammal Protection Act states that we 
must set forth ``requirements pertaining to the monitoring and 
reporting of such taking.'' The Act's implementing regulations at 50 
CFR 216.104(a)(13) indicate that requests for an incidental take 
authorization must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and our expectations of the level of taking or 
impacts on populations of marine mammals present in the action area.
    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 later;
    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:
    <bullet> 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);
    <bullet> 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);
    <bullet> 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.
    As part of its 2015-2016 application, Point Blue proposes to 
sponsor marine mammal monitoring during the present project, in order 
to implement the mitigation measures that require real-time monitoring, 
and to satisfy the monitoring requirements of the incidental harassment 
authorization. The Point Blue researchers will monitor the area for 
pinnipeds during all research activities. Monitoring activities will 
consist of conducting and recording observations on pinnipeds within 
the vicinity of the proposed research areas. The monitoring notes would 
provide dates, location, species, the researcher's activity, behavioral 
state, numbers of animals that were alert or moved greater than one 
meter, and numbers of pinnipeds that flushed into the water.
    Point Blue has complied with the monitoring requirements under the 
previous authorizations for the 2007 through 2014 seasons. The results 
from previous Point Blue's monitoring reports support our findings that 
the proposed mitigation measures, which we also required under the 
2007-2014 Authorizations provide the means of effecting the least 
practicable adverse impact on the species or stock.
    Point Blue will submit a monitoring report on the January 31, 2014 
through

[[Page 76982]]

January 30, 2015 research period by April 2015. Upon receipt and 
review, we will post this annual report on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

Proposed Reporting

    Point Blue must submit a draft final report to NMFS' Office of 
Protected Resources within 60 days after the conclusion of the 2016 
field season. The report will include a summary of the information 
gathered pursuant to the monitoring requirements set forth in the 
Authorization.
    Point Blue will submit a final report to the Chief, Permits and 
Conservation Division, Office of Protected Resources, within 30 days 
after receiving comments from NMFS on the draft final report. If Point 
Blue does not receive any comments from NMFS on the draft report, NMFS 
and Point Blue will consider the draft final report to be the final 
report.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
Marine Mammal Protection Act 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].
    NMFS proposes to authorize take by Level B harassment only for the 
proposed seabird research activities on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore. Acoustic 
(i.e., increased sound) and visual stimuli generated during these 
proposed activities may have the potential to cause marine mammals in 
the harbor area to experience temporary, short-term changes in 
behavior.
    Based on Point Blue's previous research experiences, with the same 
activities conducted in the proposed research area, and on marine 
mammal research activities in these areas, we estimate that 
approximately 9,871 California sea lions, 343 harbor seals, 196 
northern elephant seals, and 106 Steller sea lions could be affected by 
Level B behavioral harassment over the course of the effective period 
of the proposed Authorization.
    The authorized take differs from Point Blue's original request for 
California sea lions (10,092), northern elephant seals (261), harbor 
seals (526) and Steller sea lions (185). NMFS bases these new estimates 
on historical data from previous monitoring reports and anecdotal data 
for the same activities conducted in the proposed research area. In 
brief, for each species, we created a statistical model to derive an 
estimate of the average annual increase of reported take based on a 
best fit regression analysis (i.e., linear or polynomial regression) of 
reported take from 2007 to 2013. Next, we added the predicted annual 
increase in take to a baseline of take reported for 2013-2014 season to 
project the estimated take for each species for the 2015-2016 
Authorization. We carried through the same predicted annual increase in 
take for future Authorizations (2014-2017) to obtain a mean projected 
take for each species. Last, we analyzed the reported take for each 
activity by calculating the upper bound of the 99 percent confidence 
interval of the mean reported take (2007-2013) and mean projected take 
(2014-2017) for each species. Our use of the upper confidence interval 
represents the best available information that supports our 
precautionary deliberation of how much take could occur annually.
    There is no evidence that Point Blue's planned activities could 
result in injury, serious injury or mortality within the action area. 
Moreover, the required mitigation and monitoring measures will minimize 
further any potential risk for injury, serious injury, or mortality. 
Thus, we do not propose to authorize any injury, serious injury or 
mortality. We expect all potential takes to fall under the category of 
Level B harassment only.

Encouraging and Coordinating Research

    Point Blue will continue to coordinate monitoring of pinnipeds 
during the research activities occurring on Southeast Farallon Island, 
A[ntilde]o Nuevo Island, and Point Reyes National Seashore. Point Blue 
conducts bone fide research on marine mammals, the results of which may 
contribute to the basic knowledge of marine mammal biology or ecology, 
or are likely to identify, evaluate, or resolve conservation problems.

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.'' The lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population 
level effects) forms the basis of a negligible impact finding.
    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.
    In making a preliminary negligible impact determination, we 
consider:
    (1) The number of anticipated injuries, serious injuries, or 
mortalities;
    (2) The number, nature, and intensity, and duration of Level B 
harassment;
    (3) The context in which the takes occur (e.g., impacts to areas of 
significance, impacts to local populations, and cumulative impacts when 
taking into account successive/contemporaneous actions when added to 
baseline data);
    (4) The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
    (5) Impacts on habitat affecting rates of recruitment/survival; and
    (6) The effectiveness of monitoring and mitigation measures.
    For reasons stated previously in this document and based on the 
following factors, NMFS does not expect Point Blue's specified 
activities to cause long-term behavioral disturbance, abandonment of 
the haulout area, injury, serious injury, or mortality:
    (1) The effects of the pinniped and seabird research activities 
would be limited to short-term startle responses and localized 
behavioral changes due to the short and sporadic duration of the 
research activities. Minor and brief responses, such as short-duration 
startle or alert reactions, are not likely to constitute disruption of 
behavioral patterns, such as migration, nursing, breeding, feeding, or 
sheltering.
    (2) The availability of alternate areas for pinnipeds to avoid the 
resultant acoustic and visual disturbances from the research 
operations. Results from previous monitoring reports also show that the 
pinnipeds returned to the various sites and did not permanently abandon 
haul-out sites after Point Blue conducted their pinniped and research 
activities.
    (3) There is no potential for large-scale movements leading to 
injury, serious injury, or mortality because the researchers must delay 
ingress into the

[[Page 76983]]

landing areas until after the pinnipeds present have slowly entered the 
water.
    (4) The limited access of Point Blue's researchers to Southeast 
Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National 
Seashore during the pupping season.
    We do not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of Point Blue's proposed 
activities, and we do not propose to authorize injury, serious injury 
or mortality. These species may exhibit behavioral modifications, 
including temporarily vacating the area during the proposed seabird and 
pinniped research activities to avoid the resultant acoustic and visual 
disturbances. Further, these proposed activities would not take place 
in areas of significance for marine mammal feeding, resting, breeding, 
or calving and would not adversely impact marine mammal habitat. Due to 
the nature, degree, and context of the behavioral harassment 
anticipated, the activities are not expected to impact annual rates of 
recruitment or survival.
    NMFS does not expect pinnipeds 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 Point Blue's seabird research activities 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

    As mentioned previously, NMFS estimates that four species of marine 
mammals could be potentially affected by Level B harassment over the 
course of the proposed Authorization. For each species, these numbers 
are small numbers (each, less than or equal to two percent) relative to 
the population size. These incidental harassment numbers represent 
approximately 3.33 percent of the U.S. stock of California sea lion, 
1.74 percent of the California stock of Pacific harbor seal, 0.16 
percent of the California breeding stock of northern elephant seal, and 
0.17 percent of the eastern distinct population segment of Steller sea 
lion.
    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.
Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses
    Section 101(a)(5)(D) of the MMPA also requires us to determine that 
the taking will not have an unmitigable adverse effect on the 
availability of marine mammal species or stocks for subsistence use. 
There are no relevant subsistence uses of marine mammals implicated by 
this action. Thus, 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

    On October 23, 2013 NMFS announced the removal of the eastern 
distinct population segment of Steller sea lions from the list of 
threatened species under the ESA. No marine mammal species listed under 
the ESA are anticipated to occur in the action area. Therefore, NMFS 
has determined that a section 7 consultation under the ESA is not 
required.

National Environmental Policy Act (NEPA)

    In 2014, we prepared an Environmental Assessment (EA) analyzing the 
potential effects to the human environment from NMFS' issuance of a 
proposed Authorization to Point Blue for their seabird research 
activities. In January 2014, NMFS issued a Finding of No Significant 
Impact (FONSI) on the issuance of an Authorization for Point Blue's 
research activities 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). 
Point Blue's proposed activities and impacts for 2015-2016 are within 
the scope of the 2014 EA and FONSI. NMFS has reviewed the 2014 EA and 
determined that there are no new direct, indirect, or cumulative 
impacts to the human and natural environment associated with the 
Authorization requiring evaluation in a supplemental EA and NMFS, 
therefore, proposes to reaffirm the 2014 FONSI.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
authorize the take of marine mammals incidental to Point Blue's seabird 
research activities, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated. The next 
section provides the proposed IHA language and contains a draft of the 
Authorization. The wording within this section is proposed for 
inclusion in the Authorization (if issued).
    1. This Authorization is valid from January 31, 2015, through 
January 30, 2016.
    2. This Authorization is valid only for specified activities 
associated with seabird research activities in the vicinity of pinniped 
haul out sites located on Southeast Farallon Island (37[deg]41'54.32'' 
N, 123[deg] 0'8.33'' W), A[ntilde]o Nuevo Island (37[deg] 6'29.25'' N, 
122[deg]20'12.20'' W), within Point Reyes National Seashore 
(37[deg]59'38.61'' N, 122[deg]58'24.90'' W), San Francisco Bay, or the 
Russian River in Sonoma County.
    3. Species Authorized and Level of Takes.
    a. The taking, by Level B harassment only, is limited to the 
following species: 9,871 California sea lions (Zalophus californianus), 
343 Pacific harbor seals (Phoca vitulina), 196 northern elephant seals 
(Mirounga angustirostris), and 106 Steller sea lions (Eumetopias 
jubatus).
    b. The taking by injury (Level A harassment), serious injury or 
death of any of the species listed in Condition 3(a) or the taking of 
any kind of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this 
Authorization.
    c. The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported immediately to the West Coast 
Regional Administrator, National Marine Fisheries Service (NMFS), at 
(562) 980-4001 and to the Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, at (301) 427-8401.
    4. General Conditions.
    a. A copy of this Authorization must be in the possession of Point 
Blue, its designees, and field crew personnel (including research 
collaborators from Point Reyes National Seashore and Oikonos--Ecosystem 
Knowledge) operating under the authority of this Authorization.
    b. The holder must notify the Assistant Regional Administrator for 
Protected Resources, West Coast Region at (562) 982-4000 at least 24 
hours prior to starting seabird research activities (unless constrained 
by the date of issuance of this Authorization).
    5. Mitigation Measures.
    In order to ensure the least practicable impact on the species 
listed in condition 3(a), the holder of this Authorization is required 
to:

[[Page 76984]]

    a. Minimize the potential for disturbance (to the lowest level 
practicable near known pinniped haul outs by boat travel and pedestrian 
approach during pinniped and seabird research operations). Point Blue 
and its designees must:
    <bullet> Postpone beach landings until pinnipeds that may be 
present in the access areas have entered the water.
    <bullet> Select a pathway of approach to research sites that 
minimizes the number of marine mammals harassed.
    <bullet> Avoid visits to sites used by pinnipeds for pupping.
    <bullet> Monitor for offshore predators and not approach hauled out 
pinnipeds if great white sharks (Carcharodon carcharias) or killer 
whales (Orcinas orca) are in the area. If Point Blue and/or its 
designees see predators in the area, they must not disturb the animals 
until the area is free of predators.
    <bullet> Keep voices hushed and bodies low to the ground in the 
visual presence of pinnipeds.
    <bullet> Conduct seabird observations at North Landing on Southeast 
Farallon Island in an observation blind, shielded from the view of 
hauled out pinnipeds.
    <bullet> Crawl slowly to access seabird nest boxes on A[ntilde]o 
Nuevo Island if pinnipeds are within view.
    <bullet> Coordinate research visits to intertidal areas of 
Southeast Farallon Island (to reduce potential take) and coordinate 
research goals for A[ntilde]o Nuevo Island to minimize the number of 
trips to the island.
    <bullet> Coordinate monitoring schedules on A[ntilde]o Nuevo 
Island, so that areas near any pinnipeds would be accessed only once 
per visit.
    <bullet> Have the lead biologist serve as an observer to evaluate 
incidental take.
    6. Monitoring.
    The holder of this Authorization is required to:
    a. Record the date, time, and location (or closest point of 
ingress) of each visit to the research site. See Table 2 for an example 
of a data collection sheet.
    b. Collect the following information for each visit:
    <bullet> Composition of the marine mammals sighted, such as 
species, gender and life history stage (e.g., adult, sub-adult, pup);
    <bullet> information on the numbers (by species) of marine mammals 
observed during the activities;
    <bullet> the estimated number of marine mammals (by species) that 
may have been harassed during the activities;
    <bullet> any behavioral responses or modifications of behaviors 
that may be attributed to the specific activities and a description of 
the specific activities occurring during that time (e.g., pedestrian 
approach, vessel approach); and
    <bullet> information on the weather, including the tidal state and 
horizontal visibility.
    c. Observers will record marine mammal behavior patterns observed 
before, during, and after the activities; in the following manner:
    <bullet> Flushing into the water;
    <bullet> stampeding into water;
    <bullet> moving more than 1 meter (m), but not in the water;
    <bullet> becoming alert and moving, but did not move more than 1 m; 
or
    <bullet> changing the direction of current movement.
    d. If applicable, note observations of marked or tag-bearing 
pinnipeds or carcasses, as well as any rare or unusual species of 
marine mammal.
    e. If applicable, note the presence of any offshore predators 
(date, time, number, species).
    7. Reporting.
    The holder of this Authorization is required to:
    a. Report observations of unusual behaviors of pinnipeds to Monica 
DeAngelis, Fishery Biologist, West Coast Region at (562) 982-3232 so 
that the appropriate personnel in the Regional Office may conduct any 
potential follow-up observations.
    b. Draft Report: Submit a draft final report to the Chief, Permits 
and Conservation Division, Office of Protected Resources, Headquarters, 
NMFS within 60 days after the expiration of the Authorization. The 
report will include the information gathered pursuant to the monitoring 
requirements listed in item 6, along with an executive summary.
    c. The Draft Report shall be subject to review and comment by NMFS. 
Any recommendations made by NMFS must be addressed in the Final Report 
prior to submission to NMFS. If we decide that the draft final report 
needs no comments, the draft final report will be considered to be the 
final report.
    d. Final Report: Submit a final report to the Chief, Permits and 
Conservation Division, Office of Protected Resources, Headquarters, 
NMFS within 30 days after receiving comments from us on the draft final 
report.
    8. Reporting Prohibited Take.
    In the unanticipated event that Point Blue's activities cause any 
taking of a marine mammal in a manner prohibited by the Authorization, 
such as an injury (Level A harassment), serious injury or mortality 
(e.g., vessel-strike), Point Blue shall immediately cease the specified 
activities and immediately report the incident to the Chief, Permits 
and Conservation Division, Office of Protected Resources, at 301-427-
8401 and/or by email to <a href="/cdn-cgi/l/email-protection#511b3e3d38347f1930232338223e3f113f3e30307f363e27"><span class="__cf_email__" data-cfemail="f4be9b989d91dabc9586869d879b9ab49a9b9595da939b82">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#91d8c5c1bfd2fef5e8d1fffef0f0bff6fee7"><span class="__cf_email__" data-cfemail="024b56522c416d667b426c6d63632c656d74">[email protected]</span></a> 
and the Assistant West Coast Regional Stranding Coordinator at (562) 
980-3264 (<a href="/cdn-cgi/l/email-protection#90dae5e3e4f9febed7e2f5f5fefdf1fed0fefff1f1bef7ffe6"><span class="__cf_email__" data-cfemail="fdb7888e899493d3ba8f989893909c93bd93929c9cd39a928b">[email protected]</span></a>). The report must include the 
following information:
    Time, date, and location (latitude/longitude) of the incident; the 
name and type of vessel involved; the vessel's speed during and leading 
up to the incident; description of the incident; water depth; 
environmental conditions (e.g., wind speed and direction, Beaufort sea 
state, cloud cover, and visibility); description of marine mammal 
observations in the 24 hours preceding the incident; species 
identification or description of the animal(s) involved; the fate of 
the animal(s); and photographs or video footage of the animal (if 
equipment is available).
    Point Blue shall not resume its activities until NMFS is able to 
review the circumstances of the prohibited take. NMFS will work with 
Point Blue to determine what is necessary to minimize the likelihood of 
further prohibited take and ensure MMPA compliance. Point Blue may not 
resume their activities until notified by NMFS in writing via a letter 
or email or via the telephone.
    9. Reporting an Injured or Dead Marine Mammal with an Unknown Cause 
of Death.
    In the event that Point Blue discovers an injured or dead marine 
mammal, and the lead researcher determines that the cause of the injury 
or death is unknown and the death is relatively recent (i.e., in less 
than a moderate state of decomposition as described in the next 
paragraph), Point Blue will immediately report the incident to the 
Chief, Permits and Conservation Division, Office of Protected 
Resources, at 301-427-8401 and/or by email to <a href="/cdn-cgi/l/email-protection#367c595a5f53187e5744445f455958765859575718515940"><span class="__cf_email__" data-cfemail="4b012427222e65032a3939223824250b25242a2a652c243d">[email protected]</span></a> 
and <a href="/cdn-cgi/l/email-protection#0b425f5b2548646f724b65646a6a256c647d"><span class="__cf_email__" data-cfemail="1e574a4e305d717a675e70717f7f30797168">[email protected]</span></a> and the Assistant West Coast Regional Stranding 
Coordinator at (562) 980-3264 (<a href="/cdn-cgi/l/email-protection#87cdf2f4f3eee9a9c0f5e2e2e9eae6e9c7e9e8e6e6a9e0e8f1"><span class="__cf_email__" data-cfemail="89c3fcfafde0e7a7cefbecece7e4e8e7c9e7e6e8e8a7eee6ff">[email protected]</span></a>). The report 
must include the same information identified in the paragraph above 
this section. Activities may continue while we review the circumstances 
of the incident. NMFS will work with Point Blue to determine whether 
modifications to the activities are appropriate.
    10. Reporting an Injured or Dead Marine Mammal not Related to Point 
Blue's Activities.
    In the event that Point Blue discovers an injured or dead marine 
mammal, and the lead researcher determines that the injury or death is 
not associated with or related to the activities authorized in the

[[Page 76985]]

Authorization (e.g., previously wounded animal, carcass with moderate 
to advanced decomposition, or scavenger damage), Point Blue will report 
the incident to the Chief, Permits and Conservation Division, Office of 
Protected Resources, at 301-427-8401 and/or by email to 
<a href="/cdn-cgi/l/email-protection#c58faaa9aca0eb8da4b7b7acb6aaab85abaaa4a4eba2aab3"><span class="__cf_email__" data-cfemail="4f052023262a61072e3d3d263c20210f21202e2e61282039">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#aee7fafe80edc1cad7eec0c1cfcf80c9c1d8"><span class="__cf_email__" data-cfemail="58110c08761b373c211836373939763f372e">[email protected]</span></a> and the Assistant West 
Coast Regional Stranding Coordinator at (562) 980-3264 
(<a href="/cdn-cgi/l/email-protection#62281711160b0c4c251007070c0f030c220c0d03034c050d14"><span class="__cf_email__" data-cfemail="7c36090f081512523b0e191912111d123c12131d1d521b130a">[email protected]</span></a>) within 24 hours of the discovery. Point Blue 
will provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to us and the Marine 
Mammal Stranding Network. Point Blue can continue their research 
activities.
    11. A copy of this Authorization must be in the possession of Point 
Blue and its designees (including contractors and marine mammal 
monitors) operating under the authority of this Incidental Harassment 
Authorization at all times.

Request for Public Comments

    NMFS requests comment on the analyses, the draft Authorization, and 
any other aspect of the Notice of Proposed Incidental Harassment 
Authorization for Point Blue's seabird research activities. Please 
include with your comments any supporting data or literature citations 
to help inform the final decision on Point Blue's request for an MMPA 
Authorization.

    Dated: December 18, 2014.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2014-29991 Filed 12-22-14; 8:45 am]
BILLING CODE 3510-22-P


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