Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Seabird Research Activities in Central California

Citation84 FR 66379
Published date04 December 2019
Record Number2019-26171
SectionNotices
CourtNational Oceanic And Atmospheric Administration
Federal Register, Volume 84 Issue 233 (Wednesday, December 4, 2019)
[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
                [Notices]
                [Pages 66379-66380]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2019-26171]
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                DEPARTMENT OF COMMERCE
                National Oceanic and Atmospheric Administration
                [RTID 0648-XR068]
                Taking and Importing Marine Mammals; 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; receipt of application for Letter of Authorization;
                request for comments and information.
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                SUMMARY: NMFS has received a request from Point Blue Conservation
                Science (Point Blue) for authorization to take small numbers of marine
                mammals incidental to seabird research activities in central California
                over the course of five years from the date of issuance. Pursuant to
                regulations implementing the Marine Mammal Protection Act (MMPA), NMFS
                is announcing receipt of Point Blue's request for the development and
                implementation of regulations governing the incidental taking of marine
                mammals. NMFS invites the public to provide information, suggestions,
                and comments on Point Blue's application and request.
                DATES: Comments and information must be received no later than January
                3, 2020.
                ADDRESSES: Comments on the application should be addressed to Jolie
                Harrison, Chief, Permits and Conservation Division, Office of Protected
                Resources, National Marine Fisheries Service. Physical comments should
                be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
                electronic comments should be sent to [email protected].
                 Instructions: NMFS is not responsible for comments sent by any
                other method, to any other address or individual, or received after the
                end of the comment period. Comments received electronically, including
                all attachments, must not exceed a 25-megabyte file size. Attachments
                to electronic comments will be accepted in Microsoft Word or Excel or
                Adobe PDF file formats only. All comments received are a part of the
                public record and will generally be posted online at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities without change. All
                personal identifying information (e.g., name, address) voluntarily
                submitted by the commenter may be publicly accessible. Do not submit
                confidential business information or otherwise sensitive or protected
                information.
                FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
                Resources, NMFS, (301) 427-8401. An electronic copy of Point Blue's
                application may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities. In case of problems accessing these
                documents, please call the contact listed above.
                SUPPLEMENTARY INFORMATION:
                Background
                 Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
                direct the Secretary of Commerce (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
                authorization is provided to the public for review.
                 An incidental take authorization shall be granted if NMFS finds
                that the taking will have a negligible impact on the species or
                stock(s), will not have an unmitigable adverse impact on the
                availability of the species or stock(s) for subsistence uses (where
                relevant), and if the permissible methods of taking and requirements
                pertaining to the mitigation, monitoring and reporting of such takings
                are set forth.
                 NMFS has defined negligible impact in 50 CFR 216.103 as an impact
                resulting from the specified activity that cannot be reasonably
                expected to, and is not reasonably likely to, adversely affect the
                species or stock through effects on annual rates of recruitment or
                survival.
                 The MMPA states that the term take means to harass, hunt, capture,
                kill or attempt to harass, hunt, capture, or kill any marine mammal.
                 Except with respect to certain activities not pertinent here, the
                MMPA defines harassment as: Any act of pursuit, torment, or annoyance,
                which (i) has the potential to injure a marine mammal or marine mammal
                stock in the wild (Level A harassment); or (ii) has the potential to
                disturb a marine mammal or marine mammal stock in the wild by causing
                disruption of behavioral patterns, including, but not limited to,
                migration, breathing, nursing, breeding, feeding, or sheltering (Level
                B harassment).
                Summary of Request
                 On September 17, 2019, NMFS received an application from Point Blue
                requesting authorization for take of marine mammals incidental to
                seabird research activities at three research sites in central
                California. We determined the application was adequate and complete on
                November 26, 2019. The requested regulations would be valid for five
                years, from July 7, 2020 through July 6, 2025. Point Blue plans to
                monitor and census seabird populations, observe seabird nesting
                habitat, restore nesting burrows, and resupply a field station. The
                proposed action may incidentally expose marine mammals occurring in the
                vicinity to human presence at pinniped haulouts, thereby resulting in
                incidental take, by Level B harassment only. Therefore, Point Blue
                requests authorization to incidentally take marine mammals.
                 NMFS has previously issued nine Incidental Harassment
                Authorizations (IHAs) to Point Blue for similar work from 2006 through
                2018 (72 FR 71121, December 14, 2007; 73 FR 77011, December 18, 2008;
                75 FR 8677, February 19, 2010; 77 FR 73989, December 7, 2012; 78 FR
                66686, November 6, 2013; 80 FR 80321, December 24, 2015; 81 FR 34978,
                June 1, 2016; 82 FR 31759, July 7, 2017; 83 FR 31372, July 5, 2018).
                Point Blue complied with all the requirements (e.g., mitigation,
                monitoring, and reporting) of the previous IHAs and their monitoring
                reports are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities.
                [[Page 66380]]
                Specified Activities
                 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. Point Blue's research activities have the potential to
                harass California sea lions (Zalophus californianus), harbor seals
                (Phoca vitulina), northern elephant seals (Mirounga angustirostris),
                northern fur seals (Callorhinus ursinus), Guadalupe fur seals
                (Arctocephalus townsendi), and Steller sea lions (Eumetopias jubatus).
                 Research on SEFI is conducted year round. At SEFI, seabird
                monitoring sites are visited ~ 1-3 times per day for a maximum of 500
                visits per year. Most seabird monitoring visits are brief (~15
                minutes), though seabird observers are present from 2-5 hours daily at
                North Landing from early April--early August each year to conduct
                observational studies on breeding common murres (Uria aalge). Boat
                landings to re-supply the field station, lasting 1-3 hours, are
                conducted once every two weeks. At ANI, research is conducted
                approximately once/week from April-August, with occasional intermittent
                visits made during the rest of the year. The maximum number of visits
                per year would be 20. Landings and visits to nest boxes are brief (~15
                minutes). Research at PRNS is conducted year round, with an emphasis
                during the seabird nesting season with occasional intermittent visits
                the rest of the year. The maximum number of visits per year is 20. A
                component of the seabird research involves habitat restoration and
                monitoring which requires sporadic visits from September-November,
                between the seabird breeding season and the elephant seal pupping
                season.
                Information Solicited
                 Interested persons may submit information, suggestions, and
                comments concerning Point Blue's request (see ADDRESSES). NMFS will
                consider all information, suggestions, and comments related to the
                request during the development of proposed regulations governing the
                incidental taking of marine mammals by Point Blue, if appropriate.
                 Dated: November 27, 2019.
                Angela Somma,
                Acting Director, Office of Protected Resources, National Marine
                Fisheries Service.
                [FR Doc. 2019-26171 Filed 12-3-19; 8:45 am]
                BILLING CODE 3510-22-P
                

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