Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California
| Published date | 20 February 2020 |
| Citation | 85 FR 9740 |
| Record Number | 2020-03399 |
| Section | Notices |
| Court | National Oceanic And Atmospheric Administration |
Federal Register, Volume 85 Issue 34 (Thursday, February 20, 2020)
[Federal Register Volume 85, Number 34 (Thursday, February 20, 2020)]
[Notices]
[Pages 9740-9745]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-03399]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XR081]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Seabird Research Activities in
Central California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization
renewal.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA)
Renewal to Point Blue Conservation Science (Point Blue) to harass
marine mammals incidental to seabird research activities in central
California.
DATES: This IHA Renewal is valid from February 14, 2020 through July 6,
2020.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the
contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of the takings are also required.
The meaning of key terms such as ``take,'' ``harassment,'' and
``negligible impact'' can be found in section 3 of the MMPA (16 U.S.C.
1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Since that time, we have made minor changes to the
Renewal process, none of which materially affects the scope of a
Renewal IHA or the conditions for receiving one. Specifically, on a
case-by-case basis, NMFS may issue a one-year IHA Renewal when (1) up
to another year of identical or nearly identical activities as
described in the Specified Activities section is planned or (2) the
activities would not be completed by the time the IHA expires and a
second IHA would allow for completion of the activities beyond that
described in the Dates and Duration section of the initial IHA. The
expiration date of the Renewal IHA cannot extend beyond one year from
expiration of the initial IHA. All of the following conditions must be
met in order to issue a Renewal:
A request for Renewal is received no later than 60 days
prior to the needed Renewal. Previously the request was to be received
no later than 60 days prior to expiration of the initial IHA. But where
authorization under Renewal IHAs will not extend beyond one year from
expiration of the initial IHA regardless of when the renewal
application is received and where it is up to the applicant to
determine when take coverage is needed, a request can be received later
than 60 days prior to expiration of the initial IHA provided NMFS has
60 days to process the renewal;
The request for Renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial IHA dates either are identical to the previously analyzed
activities or include changes so minor (e.g., reduction in pile size)
that the changes do not affect the previous analyses, take estimates,
or mitigation and monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized;
Upon review of the request for Renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the initial findings remain valid.
For this Renewal IHA, the request was received later than 60 days
prior to expiration of the initial IHA. However, the other
qualifications were met and these circumstances initiated the agency's
consideration of whether the
[[Page 9741]]
original 60-day deadline requirement was necessary and appropriate.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. In this case, the agency
inadvertently did not provide direct notice to a commenter when the
Renewal was first proposed (84 FR 61892; November 14, 2019). Therefore,
NMFS republished a notice of proposed Renewal on December 31, 2019 (84
FR 72301) to allow an additional 15 days of public comment (for a total
of 60 days), with direct notice provided to that commenter.
A description of the Renewal process may be found on our website
at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Comments that were
received on the potential Renewal, along with relevant comments on the
initial IHA, were considered in the development of this Renewal IHA,
and agency responses to applicable comments have been included in this
notice.
History of Request
On June 28, 2018, NMFS issued an IHA to Point Blue to take marine
mammals incidental to seabird research activities in central California
(83 FR 31372; July 5, 2018), effective from July 7, 2018 through July
6, 2019. On August 20, 2019, NMFS received an application for the
Renewal of that initial IHA. As described in the application for
Renewal, the activities for which incidental take is requested are
identical to those covered in the initial authorization. As required,
the applicant also provided a preliminary monitoring report consisting
of the report of actual takes from January 1, 2018 through December 31,
2018 plus an updated report of takes from January 1, 2019 through the
expiration of the initial IHA on July 6, 2019, which was provided
following publication of the first proposed Renewal notice. Both
reports are available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities and confirm that the applicant has implemented the
required mitigation and monitoring. The reports also show that no
impacts of a scale or nature not previously analyzed or authorized have
occurred as a result of the activities conducted. On November 14, 2019
we published a notice of proposed Renewal IHA (84 FR 61892). A second
notice of proposed Renewal IHA was published on December 31, 2019 (84
FR 72301) allowing for an additional 15 days of public comment.
Description of the Specified Activities and Anticipated Impacts
Point Blue plans to monitor and census seabird populations, observe
seabird nesting habitat, restore nesting burrows, and resupply a field
station annually in central California. The planned activities occur on
Southeast Farallon Island (SEFI), A[ntilde]o Nuevo Island (ANO), and
Point Reyes National Seashore (PRNS). Point Blue, along with partners
Oikonos Ecosystem Knowledge and PRNS, have been conducting seabird
research activities at these locations for over 30 years. This research
is conducted under cooperative agreements with the U.S. Fish and
Wildlife Service (USFWS) in consultation with the Gulf of the
Farallones National Marine Sanctuary. The seabird research and
monitoring activities planned by Point Blue are identical to those
analyzed in the initial IHA issued by NMFS, described in detail in the
notice of Proposed IHA (83 FR 20045; May 7, 2018).
Presence of researchers has the potential to disturb pinnipeds
hauled out at SEFI, ANO, and PRNS. As in the initial authorization,
NMFS anticipates that take, by Level B harassment only, of California
sea lions (Zalophus californianus), harbor seals (Phoca vitulina),
northern elephant seals (Mirounga angustirostris), and Steller sea
lions (Eumetopias jubatus) could result from the specified activity (83
FR 31372; July 5, 2018).
Detailed Description of the Activity
A detailed description of the seabird research and monitoring
activities for which take is authorized here may be found in the
notices of the Proposed and Final IHAs for the initial authorization
(83 FR 20045, May 7, 2018; 83 FR 31372, July 5, 2018). The locations
(as described in the Specific Geographic Region section of the initial
IHA), timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices. This Renewal is effective from February 14, 2020
through July 6, 2020.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take has been authorized, including information on abundance,
status, distribution, and hearing, may be found in the notice of the
Proposed IHA for the initial authorization (83 FR 20045; May 7, 2018).
NMFS has reviewed the monitoring data from the initial IHA, recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and other scientific literature. The 2018 Stock
Assessment Report notes that the estimated abundance of California sea
lions has decreased slightly, however, neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the section Description of
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the notice of the Proposed IHA for the
initial authorization (83 FR 20045; May 7, 2018). NMFS has reviewed the
monitoring data from the initial IHA, recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, other scientific
literature, and the public comments received, and determined that
neither these nor any other new information affects our initial
analysis of potential impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity is found in the notices of the Proposed
and Final IHAs for the initial authorization (83 FR 20045, May 7, 2018;
83 FR 31372, July 5, 2018). Specifically, the expected number of survey
days, and marine mammal occurrence data applicable to this
authorization remain unchanged from the previously issued IHA.
Similarly, the stocks taken, methods of take, and types of take remain
unchanged from the previously issued IHA, as do the number of
authorized takes, which are indicated below in Table 1. As in the
initial IHA, the take estimates are based on historical data from the
previous five monitoring reports (2013-2014, 2014-2015, 2015-2016,
2016-2017, and 2017-2018) to generate 95 percent confidence interval
maximums (assuming normal distribution) using STATA, a general-purpose
statistical computer package. Takes recorded in all previous monitoring
reports were based on occurrences that are consistent with Levels 2 and
3 of the three-point harassment scale (see Table 2).
[[Page 9742]]
Table 1--Population Abundance Estimates, Total Proposed Level B Take, and Percentage of Population That May Be
Taken
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Percentage of
Species Stock Stock Total proposed stock or
abundance Level B take population
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California sea lion................... U.S..................... 257,606 32,623 12.7
Northern elephant seal................ California breeding 179,000 239 0.13
stock.
Harbor seal........................... California.............. 30,968 304 0.98
Steller sea lion...................... Eastern U.S............. 41,638 43 0.10
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Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the notice announcing the issuance of the initial IHA (83 FR 31372;
July 5, 2018), and the discussion of the least practicable adverse
impact included in that document remains accurate. The following
measures are included in this Renewal:
To reduce the potential for disturbance from acoustic and visual
stimuli associated with survey activities Point Blue will implement the
following mitigation measures for marine mammals:
(1) Slow approach to beaches for boat landings to avoid stampede,
provide animals opportunity to enter water, and avoid vessel strikes;
(2) Observe a site from a distance, using binoculars if necessary,
to detect any marine mammals prior to approach to determine if
mitigation is required (i.e., site surveys will not be conducted if fur
seals are present; if other pinnipeds are present, researchers will
approach with caution, walking slowly, quietly, and close to the ground
to avoid surprising any hauled-out individuals and to reduce flushing/
stampeding of individuals);
(3) Avoid pinnipeds along access ways to sites by locating and
taking a different access way. Researchers will keep a safe distance
from and not approach any marine mammal while conducting research,
unless it is absolutely necessary to flush a marine mammal in order to
continue conducting research (i.e., if a site cannot be accessed or
sampled due to the presence of pinnipeds);
(4) Cease or delay visits if the number of takes that have been
authorized are met, if a species for which takes were not authorized is
observed (e.g., northern fur seals (Callorhinus ursinus) and Guadalupe
fur seals (Arctocephalus townsendi)), or if pups are present;
(5) Monitor for offshore predators and do not approach hauled out
pinnipeds if great white sharks (Carcharodon carcharias) or killer
whales (Orcinus orca) are present. If Point Blue and/or its designees
see pinniped predators in the area, they must not disturb the pinnipeds
until the area is free of predators;
(6) Keep voices hushed and bodies low to the ground in the visual
presence of pinnipeds;
(7) Conduct seabird observations at North Landing on SEFI in an
observation blind, shielded from the view of hauled out pinnipeds;
(8) Crawl slowly to access seabird nest boxes on ANI if pinnipeds
are within view;
(9) Coordinate research visits to intertidal areas of SEFI (to
reduce potential take) and coordinate research activities for ANI to
minimize the number of trips to the island; and
(10) Require that beach landings on ANI only occur after any
pinnipeds that might be present on the landing beach have entered the
water.
Point Blue will contribute to the knowledge of pinnipeds in
California 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
pinnipeds or carcasses, allowing transmittal of the information to
appropriate agencies and personnel; and (3) rare or unusual species of
marine mammals for agency follow-up.
Required monitoring protocols for Point Blue will include the
following:
(1) Record of date, time, and location (or closest point of
ingress) of each visit to the research site;
(2) Composition of the marine mammals sighted, such as species,
gender, and life history stage (e.g., adult, sub-adult, pup);
(3) Information on the numbers (by species) of marine mammals
observed during the activities;
(4) Estimated number of marine mammals (by species) that may have
been harassed during the activities;
(5) 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
(6) Information on the weather, including the tidal state and
horizontal visibility.
The lead biologist will serve as an observer to record incidental
take. For consistency, any reactions by pinnipeds to researchers will
be recorded according to a three-point scale shown in Table 2. Note
that only observations of disturbance noted in Levels 2 and 3 should be
recorded as takes.
Table 2--Levels of Pinniped Behavioral Disturbance
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Level Type of response Definition
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1............ Alert............... Seal head orientation or brief
movement in response to
disturbance, which may include
turning head towards the
disturbance, craning head and neck
while holding the body rigid in a
u-shaped position, changing from a
lying to a sitting position, or
brief movement of less than twice
the animal's body length.
2 *.......... Movement............ Movements in response to the source
of disturbance, ranging from short
withdrawals at least twice the
animal's body length to longer
retreats over the beach, or if
already moving a change of
direction of greater than 90
degrees.
3 *.......... Flush............... All retreats (flushes) to the
water.
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* Only observations of disturbance Levels 2 and 3 are recorded as takes.
[[Page 9743]]
This information must be incorporated into a monitoring report for
NMFS. The monitoring report will cover the period from January 1, 2019
through December 31, 2019. NMFS requires that Point Blue submit annual
monitoring report data on a calendar year schedule, regardless of the
current IHA's initiation or expiration dates. This ensures that data
from all consecutive months will be collected and, therefore, can be
analyzed to estimate authorized take for future IHA's regardless of the
existing IHA's issuance date. Point Blue will submit a draft monitoring
report for the 2019 activities to NMFS Office of Protected Resources by
April 1, 2020. A final report will be prepared and submitted within 30
days following resolution of any comments on the draft report from
NMFS. If no comments are received from NMFS, the draft monitoring
report will be considered to be the final report.
Point Blue must also submit a draft monitoring report covering the
period from January 1, 2020 through July 6, 2020. This report will be
due by October 4, 2020 (90 days after the expiration of the Renewal
IHA). A final report must be prepared and submitted within 30 days
following resolution of any comments on the draft report from NMFS. If
no comments are received from NMFS, the draft monitoring report will be
considered to be the final report. The reports must contain the
informational elements described above, at minimum.
Point Blue must also report observations of unusual pinniped
behaviors, numbers, or distributions and tag-bearing carcasses to the
NMFS West Coast Regional Office.
If at any time 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, Point Blue will
immediately cease the specified activities and report the incident to
the NMFS Office of Protected Resources, and the NMFS West Coast
Regional Stranding Coordinator. 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 must not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with Point Blue to
determine what measures are necessary to minimize the likelihood of
further prohibited take and ensure MMPA compliance. Point Blue may not
resume the activities until notified by NMFS.
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), Point Blue must immediately report the incident to
the Office of Protected Resources, NMFS, and the West Coast Regional
Stranding Coordinator, NMFS. The report must include the same
information required in the report on unauthorized take. Activities may
continue while NMFS reviews the circumstances of the incident. NMFS
will work with Point Blue to determine whether additional mitigation
measures or modifications to the activities are appropriate.
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 covered by the IHA (e.g., previously wounded
animal, carcass with moderate to advanced decomposition, or scavenger
damage), Point Blue must report the incident to the Office of Protected
Resources, NMFS, and the West Coast Regional Stranding Coordinator,
NMFS, within 24 hours of the discovery. Point Blue must provide
photographs, video footage, or other documentation of the stranded
animal sighting to NMFS. Activities may continue while NMFS reviews the
circumstances of the incident.
Public Comments
A notice of NMFS' proposal to issue a Renewal to Point Blue was
published on November 14, 2019 (84 FR 61892). A second notice of
proposed IHA Renewal was published on December 31, 2019 (84 FR 72301).
These notices either described, or referenced descriptions of, Point
Blue's activity, the marine mammal species that may be affected by the
activity, the potential effects on marine mammals and their habitat,
proposed amount and manner of take, and proposed mitigation, monitoring
and reporting measures. During the public comment periods, NMFS
received comment letters from the Marine Mammal Commission
(Commission). The comments and our responses are provided below.
Comment 1: In their November 22, 2019 letter, the Commission noted
that Point Blue's initial IHA did not include the terms and conditions
outlining the possibility of a Renewal and that Point Blue did not
request the IHA Renewal at least 60 days prior to the expiration of
their initial IHA. The Commission also noted that the monitoring report
provided by Point Blue covered the period of January 1, 2018 through
December 31, 2018, though the initial authorization was valid from July
7, 2018 through July 6, 2019. The Commission claimed that without
monitoring data from January 1 until July 6, 2019, it is unclear
whether the number of animals taken were within the authorized limits
of the initial IHA. Therefore, the Commission recommended NMFS deny
Point Blue's request for an IHA Renewal and republish an abbreviated
notice of proposed IHA with a 30-day public comment period.
Response: Though the Commission is correct that the Renewal IHA
requirements were unintentionally left out of the final authorization
for Point Blue's initial IHA, complete information on the terms and
conditions for considering a Renewal were included in the notice of the
initial proposed IHA (83 FR 20045; May 7, 2018), which also invited the
public to comment on both the initial proposed IHA and the potential
for a Renewal. It is this notice that is important to ensure the public
has sufficient information to comment on a potential Renewal for the
specific activity. The purpose of Renewal process language being
included in the issued initial IHA itself is to remind the IHA holder
of the possibility of seeking a Renewal, if their activities qualify.
But this information was in the notice of the proposed initial IHA and
is also easily accessible on NMFS' website, so while the information
should have been included in the final initial IHA, its omission did
not inhibit the Renewal process.
The Commission is correct that Point Blue did not request a Renewal
at least 60 days prior to the expiration of their 2018 IHA, but NMFS
has since revised the conditions for a Renewal to state that a request
for Renewal must be received no later than 60 days prior to the needed
Renewal. The purpose of the 60-day deadline was to ensure that NMFS has
sufficient time to process the Renewal request. Where authorization
under Renewal IHAs will not extend beyond one year from expiration of
the initial IHA regardless of when the renewal application is received
and where it is up to the applicant to determine when take coverage is
[[Page 9744]]
needed, we realized that a Renewal request can be received later than
60 days prior to expiration of the initial IHA provided NMFS has 60
days to process the renewal. The instructions for applying for a
Renewal IHA have been revised accordingly.
The initial IHA required a monitoring report covering the period
from January 1, 2018 through December 31, 2018 to be submitted by April
1, 2019. As discussed earlier, Point Blue's annual monitoring report is
based on a calendar year regardless of the IHA's initiation or
expiration dates to ensure that data from all consecutive months can be
analyzed to estimate authorized take for future IHA's regardless of the
existing IHA's issuance date. Point Blue submitted their monitoring
report on time and the report indicated no impacts of a scale or nature
not previously analyzed or authorized, which is required for
consideration of a Renewal IHA. Point Blue subsequently provided an
updated report of takes from January 1, 2019 through the expiration of
the initial IHA on July 6, 2019. In their January 8, 2020 letter, the
Commission noted that the updated report contained only a table of
reported takes, and suggested that the updated report was inadequate to
support NMFS' requirement that the report shows that no impacts of a
scale or nature not previously analyzed or authorized had occurred as a
result of the activities conducted. When the updated monitoring report
is considered in conjunction with the initial monitoring report
provided as required by their 2018 IHA, NMFS has determined that the
reporting requirements have been satisfied and the monitoring results
indicate no impacts of a scale or nature not previously analyzed and
authorized.
Comment 2: In their November 22, 2019 letter, the Commission noted
that the description of the Renewals process on NMFS's website
indicates that NMFS would directly contact all commenters on the
initial authorization by email, phone, or postal service to notify them
of the proposed IHA Renewal and provide commenters the opportunity to
submit additional comment, but that the Commission had not been
directly contacted regarding any proposed IHA Renewals to date.
Response: NMFS published a second notice of the proposed Renewal
IHA on December 31, 2019 (84 FR 72301) and ensured that the Commission
was directly notified by email. NMFS will ensure that the Commission is
contacted along with all other persons who commented on the initial IHA
on all future proposed IHA Renewals. We regret the oversight, which
occurred because the Commission itself has consistently contacted NMFS
regarding both proposed initial IHAs and proposed Renewal IHAs, either
upon notice of the proposed IHA being posted online by the Office of
the Federal Register for public inspection (which occurs the day prior
to formal publication) or on the first day of the formal comment
period, without notification of the proposed IHA from NMFS.
Comment 3: The Commission noted that Point Blue has been requesting
one-year authorizations to take marine mammals incidental to its
activities for numerous years, and their activities are likely to
continue into the future. The Commission therefore recommended that
NMFS authorize the taking of marine mammals incidental to Point Blue's
activities via a rulemaking rather than individual IHAs and Renewals
for all future Point Blue activities.
Response: NMFS thanks the Commission for their recommendation.
Point Blue has submitted a request for MMPA five-year regulations and
Letters of Authorization and NMFS published a Notice of Receipt of
Point Blue's request on December 4, 2019 (84 FR 66379).
Comment 4: In their January 8, 2020 letter, the Commission alleged
that NMFS revised its Renewal process in response to receiving Point
Blue's request for Renewal later than 60 days prior to expiration of
their IHA. For this reason, and those summarized in the previous
comments, the Commission recommended NMFS deny Point Blue's request to
renew its 2018 IHA, and refrain from issuing a new IHA without the
standard 30-day public comment opportunity for proposed IHAs.
Response: As discussed earlier, NMFS's consideration of when a
Renewal IHA application must be submitted has evolved since the initial
notice of proposed IHA, and we have revised our procedure for Renewals
accordingly. The updated procedure is provided on NMFS' website
(https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals) and will be included in
all future authorizations. Additionally, we note that the total of the
two comment periods for the Point Blue proposed Renewal IHA was 30
days, which in combination with the initial 30-day comment period on
the potential for a Renewal IHA provided a total of 60 days for public
comment.
Determinations
The seabird research and monitoring activities conducted by Point
Blue, the method of taking, and the effects of the action are identical
to those analyzed in the initial IHA, as is the planned frequency of
research site visits within the authorization period. The potential
effects of Point Blue's activities are limited to Level B harassment in
the form of behavioral disturbance. In analyzing the effects of the
activity in the initial IHA, NMFS determined that Point Blue's
activities would have a negligible impact on the affected species or
stocks and that the authorized take numbers of each species or stock
were small relative to the relevant stocks (e.g., less than 13 percent
for all stocks). The numbers of marine mammals authorized to be taken
are identical to those authorized in the initial IHA. The mitigation
measures and monitoring and reporting requirements as described above
are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. This includes consideration of the estimated abundance of
the California sea lion stock decreasing slightly. Based on the
information and analysis contained here and in the referenced
documents, NMFS has determined the following: (1) The required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species and
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; (4) Point Blue's
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action; and (5) appropriate monitoring and
reporting requirements are included.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical
[[Page 9745]]
exclusion. Accordingly, NMFS has determined that the issuance of the
IHA Renewal qualifies to be categorically excluded from further NEPA
review.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally, in this case with the West Coast Region
Protected Resources Division Office, whenever we propose to authorize
take for endangered or threatened species.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
Renewal
NMFS has issued a Renewal IHA to Point Blue for the taking of
marine mammals incidental to conducting seabird research in central
California from the date of issuance (February 14, 2020) through July
6, 2020.
Dated: February 14, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-03399 Filed 2-19-20; 8:45 am]
BILLING CODE 3510-22-P
