[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Pages 70249-70252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26636]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 102204A]
Incidental Take of Marine Mammals Incidental to Specified
Activities; Taking of California Sea Lions, Pacific Harbor Seals and
Northern Elephant Seals Incidental to Research Surveys at San Nicolas
Island, Ventura County, CA
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization renewal; request for comments.
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SUMMARY: NMFS has received a request from Glenn R. VanBlaricom for a
renewal of his Incidental Harassment Authorization (IHA) to take small
numbers of marine mammals, by harassment, incidental to the assessment
of black abalone populations at San Nicolas Island (SNI), CA. Under the
Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its
proposal to renew this IHA for 1 year.
DATES: Comments and information must be received no later than January
3, 2005.
ADDRESSES: You may submit comments on the application and proposed
authorization, using the identifier 102204A, by any of the following
methods:
E-mail: [email protected] - you must include the
identifier 102204A in the subject line of the message. Comments sent
via e-mail, including all attachments, must not exceed a 10-megabyte
file size.
Hand-delivery or mailing of paper, disk, or CD-ROM
comments: Stephen L. Leathery, Chief, Permits, Conservation and
Education Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225.
To help us process and review your comments more efficiently,
please use only one method. A copy of the application containing a list
of references used in this document may be obtained by writing to the
address above or by telephoning the contacts listed under FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: Sarah Hagedorn, NMFS, (301) 713-2322
or Monica DeAngelis, NMFS Southwest Region, (562) 980-3232.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce (Secretary) to allow, upon request,
the incidental but not intentional taking 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 regulations are issued.
Permission may be granted if the Secretary finds that the total
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, and that the permissible
methods of taking and requirements pertaining to the monitoring and
reporting of such taking 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.''
Subsection 101(a)(5)(D) of the MMPA established an expedited
process by which citizens of the United States can apply for an
authorization to incidentally take small numbers of marine mammals by
harassment. Except for certain categories of actions not pertinent
here, the MMPA defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the
wild [Level A harassment]; or (ii) has the potential to disturb a
marine mammal or marine mammal stock in the wild by causing
disruption of behavioral patterns, including, but not limited to,
migration, breathing, nursing, breeding, feeding, or sheltering
[Level B harassment].
Summary of Request
On August 31, 2004, NMFS received a letter from Glenn R.
VanBlaricom, Ph.D., Washington Cooperative Fish and Wildlife Research
Unit, requesting renewal of an IHA that was first issued to him on
September 23, 2003 (68 FR 57427, October 3, 2003) for the possible
harassment of small numbers of California sea lions (Zalophus
californianus), Pacific harbor seals (Phoca vitulina), and northern
elephant seals (Mirounga angustirostris) incidental to research surveys
performed for the purpose of assessing trends over time in black
abalone populations at permanent study sites.
Population trend data for black abalone populations are important
and needed for several reasons. First, the reintroduction of sea otters
to SNI since 1987 raises the possibility of conflict between sea otter
conservation and abalone populations because abalones are often
significant prey for sea otters. Second, the appearance of a novel
exotic disease, abalone withering syndrome, at SNI in 1992 has resulted
in dramatically increased rates of abalone mortality at the island.
Third, the combined effects of sea otter predation and abalone
withering syndrome, following several decades during which black
abalones may have been over-harvested in commercial and recreational
fisheries, may cause reduction of black abalone populations to the
point where risk of extinction increases. In light of these factors
NMFS considers California populations of black abalone a species of
concern. Long-term abalone population trend data from SNI is needed to
determine if drastic population declines continue and if extinction
risk becomes high.
Project Description
Nine permanent research study areas are located in rocky intertidal
habitats on SNI in Ventura County, CA. To date, the applicant has made
97 separate field trips to SNI from September 1979 through March 2004,
participating in abalone survey work on 514 different days at nine
permanent study sites. Quantitative abalone surveys on SNI began in
1981, at which point permanent research sites were chosen based on the
presence of dense patches of abalone in order to monitor changes over
time in dense abalone aggregations. Research is conducted by counting
black abalone in plots of 1 m2 along permanent transect lines in rocky
intertidal habitats at each of the nine study sites on the island.
Permanent transect lines are demarcated by stainless steel eyebolts
embedded in the rock substrata and secured with marine epoxy compound.
Lines are placed temporarily between bolts during surveys and are
removed once surveys
[[Page 70250]]
are completed. Survey work is done by two field biologists working on
foot; therefore, monitoring of black abalone populations at SNI can be
done only during periods of extreme low tides. The exact date of a
visit to any given site is difficult to predict because variation in
surf height and sea conditions can influence the safety of field
biologists as well as the quality of data collected. In most years
survey work is done during the months of January, February, March,
July, November, and December because of optimal availability of low
tides. All work is done only during daylight hours because of safety
considerations.
Research is expected to extend over a period of 3 years, from 2005
through 2007, with additional work in future years remaining a
possibility pending funding and staff. Surveys of abalones will be
conducted each year during this 3-year period. During each survey year,
each of the nine permanent study sites at SNI will be visited twice.
Each visit to a given study site lasts for a maximum of 4 hours, after
which the site is vacated.
The implicated marine mammal populations at SNI, especially
California sea lions and northern elephant seals, have grown
substantially since the beginning of abalone research in 1979 and have
occupied an expanded distribution on the island due to population
growth. Sites previously accessible with no risk of marine mammal
harassment are now being utilized by marine mammals at levels such that
approach without the possibility of harassment is difficult. Of the
nine study sites used for the abalone surveys, only two sites can be
occupied without the possibility of disturbing at least one species of
pinniped; therefore, an IHA is warranted.
Description of Habitat and Marine Mammals Affected by the Activity
Many of the beaches in the Channel Islands provide resting, molting
or breeding places for species of pinnipeds. On SNI, three pinniped
species (northern elephant seal, Pacific harbor seal, and California
sea lion) can be expected to occur on land in the vicinity of abalone
research sites either regularly or in large numbers during certain
times of the year. In addition, a single adult male Guadalupe fur seal
(Arctocephalus townsendi) was seen at one abalone research site on two
occasions during the summer months in the mid-1980's; however, there
have been no sightings of this species on the island since then.
Further information on the biology and distribution of these species
and others in the region can be found in Dr. VanBlaricom's application,
which is available upon request (see ADDRESSES), and the Marine Mammal
Stock Assessment Reports, which are available online at http://www.nmfs.noaa.gov/prot_res/PR2/Stock--Assessment--Program/individual--
sars.html.
Marine Mammal Impacts
The applicant requests renewal of the IHA issued to him for
incidental takes, by Level B harassment only, of California sea lions,
Pacific harbor seals, and northern elephant seals. The applicant has
planned for additional fieldwork beginning in early January, 2005,
through December, 2005. Sites occupied by Guadalupe fur seals will be
vacated without taking by harassment; therefore authorization for
taking of Guadalupe fur seals by harassment is not requested.
Variable numbers of sea lions, harbor seals, and elephant seals
typically haul out near seven of the nine study sites used for abalone
research, with breeding activity occurring at four of these seven
sites. Pinnipeds likely to be affected by abalone research activity are
those that are hauled out on land at or near study sites. For the
previous IHA, the applicant estimated that pinnipeds typically haul out
near six of the nine study sites, with breeding activity occurring at
five of these six sites. However, during field work in 2003 and 2004,
it became apparent that non-breeding California sea lions had begun to
haul out regularly at an additional abalone study site, and that sea
lions and elephant seals hauled out at one of the study sites are non-
breeding animals; therefore, it has become evident that seven of the
nine study sites are used by pinnipeds for hauling out, with breeding
activity occurring at four of these seven sites.
Incidental harassment may result if hauled animals move to increase
their distance from persons involved in abalone surveys. Although
marine mammals will not be deliberately approached by abalone survey
personnel, approach may be unavoidable if pinnipeds are hauled out
directly upon the permanent abalone study plots. In almost all cases,
shoreline habitats near the abalone study sites are gently sloping
sandy beaches or horizontal sandstone platforms with unimpeded and non-
hazardous access to the water. If disturbed, hauled animals may move
toward the water without risk of encountering significant hazards. In
these circumstances, the risk of serious injury or death to hauled
animals is very low.
One exception to the low risk of marine mammal injury or mortality
associated with abalone research would be if disturbances occur during
breeding season, as it is possible that mothers and dependent pups may
become separated. If separated pairs don't reunite fairly quickly,
risks of mortality to pups may increase. Also, adult northern elephant
seals may trample elephant seal pups if disturbed. Trampling increases
the risk of injury or death to the pups.
However, because of mitigation measures proposed, the applicant
expects that only Level B incidental harassment may occur associated
with the proposed continuation of black abalone research at SNI and
that this research will result in no detectable impact on these marine
mammal species or stocks or on their habitats. There is no anticipated
impact of the research activity on the availability of the species or
stocks for subsistence uses because there is no subsistence harvest of
marine mammals in California.
Harbor seals are widely distributed in the North Atlantic and North
Pacific. In California, approximately 400-500 harbor seal haul-out
sites are distributed along the mainland and on offshore islands,
including intertidal sandbars, rocky shores and beaches (Hanan 1996).
In California, the population growth rate of harbor seals appears to be
slowing, but remains positive. A complete count of all harbor seals in
California is impossible because some are always away from the haul-out
sites. A complete pup count (as is done for other pinnipeds in
California) is also not possible because harbor seals are precocious,
with pups entering the water almost immediately after birth. The
estimated population of harbor seals in California is 27,863 (NOAA
Draft Stock Assesment Report, 2003), with an estimated minimum
population of 25,720 for the California stock of harbor seals.
California sea lions primarily use the central California area to
feed during the non-breeding season. Breeding areas of the sea lion are
on islands located in southern California, western Baja California, and
the Gulf of California. Population estimates for the U.S. stock of
California sea lions (extending from the U.S./Mexico border north into
Canada) range from a minimum of 138,881 to 237,000 animals, with a
current growth rate of 5.4 to 6.1 percent per year (Carretta et al.
2003).
Northern elephant seals breed and give birth in California (U.S.)
and Baja California (Mexico) primarily on offshore islands (Stewart et
al 1994). Based on trends in pup counts, northern elephant seal
colonies appear to be
[[Page 70251]]
increasing in California through 2001. The population size of northern
elephant seals in California is estimated to be 101,000 animals, with a
minimum population estimate of 60,547 (Carretta et al. 2002).
The distribution of pinnipeds hauled out on beaches is not even.
The number of marine mammals disturbed will vary by month and location,
and, compared to animals hauled out on the beach farther away from
survey activity, only those animals hauled out closest to the actual
survey transect plots contained within each research site are likely to
be disturbed by the presence of researchers and alter their behavior or
attempt to move out of the way. Based on past observations made by the
applicant in 2003 and 2004, assuming a maximum level of incidental
harassment of marine mammals at each site during periods of visitation,
the applicant estimates that maximum total possible numbers of
individuals that may be incidentally harassed (resulting from one
complete cycle of visits to the nine study sites) would be 1600
California sea lions, 75 Pacific harbor seals, and 445 northern
elephant seals. Two visit cycles are anticipated during the year-long
validity of the IHA. As noted earlier, any site occupied by Guadalupe
fur seals will be vacated immediately and no taking of this species
will occur.
Mitigation
Several mitigation measures to reduce the potential for harassment
from population assessment research surveys will be implemented as part
of the SNI abalone research activities. Primarily, mitigation of the
risk of disturbance to pinnipeds simply requires that researchers are
judicious in the route of approach to abalone study sites, avoiding
close contact with pinnipeds hauled out on shore. In no case will
marine mammals be deliberately approached by abalone survey personnel,
and in all cases every possible measure will be taken to select a
pathway of approach to study sites that minimizes the number of marine
mammals harassed. Each visit to a given study site will last for a
maximum of 4 hours, after which the site is vacated and can be re-
occupied by any hauled marine mammals that may have been disturbed by
the presence of abalone researchers.
The potential risk of injury or mortality will be mitigated with
measures required under the proposed authorization. Disturbances to
females with dependent pups (in the cases of California sea lions and
Pacific harbor seals) can be mitigated to the greatest extent
practicable by avoiding visits to the four black abalone study sites
with resident pinnipeds during periods of breeding and lactation from
mid-February through the end of October. The previous authorization
required the applicant to avoid conducting survey research at certain
study sites that may have breeding and/or lactating pinnipeds during
the period from February through October. However, during field work in
early 2004 it became evident that pupping by harbor seals at these
sites does not begin until the latter half of February. Therefore, for
the current proposed authorization this period would be shortened to
exclude the first half of February. During this period, abalone
research would be confined to the other five sites where pinniped
breeding and post-partum nursing does not occur. Limiting visits to the
four breeding and lactation sites to periods when these activities do
not occur (November, December, January, and the first half of February)
will reduce the possibility of incidental harassment and reduce the
potential for serious injury or mortality of dependent California sea
lion pups and Pacific harbor seal pups to near zero.
Northern elephant seal pups are present at four sites during winter
months. Risks of trampling of elephant seal pups by adults are limited
to the period from January through March when pups are born, nursed,
and weaned, ending about 30 days post-weaning when pups depart land for
foraging areas at sea. However, elephant seals have a much higher
tolerance of nearby human activity than sea lions or harbor seals.
Possible takes of northern elephant seal pups will be minimized by
avoiding the proximity of hauled seals and any seal pups during
approach to the study sites and during collection of abalone population
data. Thus, all study sites can be occupied by researchers at any time
of the year without disturbing elephant seals.
One individual Guadalupe fur seal was seen at study site 8 on two
separate occasions during the summer months in the mid-1980's. No
individuals of this species have been seen during abalone research work
since then. Thus, limitation of research visits to site 8 to the period
November through January eliminates the potential for taking of
Guadalupe fur seals by harassment. Guadalupe fur seals are distinctive
in appearance and behavior, and can be readily identified at a distance
without any disturbance. Harassment, injury, or mortality of Guadalupe
fur seals will be prevented by immediately suspending research work and
vacating any study area in which this species is seen. Therefore, an
authorization for the taking of Guadalupe fur seals by harassment is
neither required nor requested. Sea otters are not expected ashore
during the time periods when the research activities would be
conducted. However, if sea otters are sighted ashore during the abalone
research, Dr. VanBlaricom would follow similar procedures in place for
other listed species. Research activities will be suspended upon any
areas that California sea otters are occupying.
Monitoring
Currently, all biological research activities at SNI are subject to
approval and regulation by the Environmental Planning and Management
Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely
regulates all civilian access to and activity on the island, including
biological research. Therefore, monitoring activities will be closely
coordinated with Navy marine mammal biologists located on SNI.
In addition, status and trends of pinniped aggregations at SNI are
monitored by the NMFS Southwest Fisheries Science Center. Also, long-
term studies of pinniped population dynamics, migratory and foraging
behavior, and foraging ecology at SNI are conducted by staff at Hubbs-
Sea World Research Institute (HSWRI).
Monitoring requirements in relation to Dr. VanBlaricom's abalone
research surveys will include observations made by the applicant and
his associates. Observations of unusual behaviors, numbers, or
distributions of pinnipeds on SNI will be reported to EPMD, NMFS, and
HSWRI so that any potential follow-up observations can be conducted by
the appropriate personnel. In addition, observations of tag-bearing
pinniped carcasses as well as any rare or unusual species of marine
mammals will be reported to EPMD, allowing transmittal of this
information to appropriate agencies and personnel.
Reporting
A draft final report must be submitted to NMFS within 60 days after
the conclusion of the year-long field season. A final report must be
submitted to the Regional Administrator within 30 days after receiving
comments from NMFS on the draft final report. If no comments are
received from NMFS, the draft final report will be considered to be the
final report.
Endangered Species Act (ESA)
NMFS has preliminarily determined that the proposed action will
have no effect on any ESA listed species or critical habitat.
[[Page 70252]]
National Environmental Policy Act (NEPA)
In accordance with section 6.03 of the NOAA Administrative Order
216-6 (Environmental Review Procedures for Implementing NEPA, May 20,
1999), NMFS has preliminarily determined that the proposed issuance of
this IHA to Dr. VanBlaricom by NMFS meets the definition of a
``Categorical Exclusion'' and is exempted from further environmental
review. NMFS will continue to review the action to include
consideration of any comments either on this preliminary determination
or on the issuance of the IHA.
Preliminary Conclusions
NMFS has preliminarily determined that the short-term impact of
abalone research, as described in this document and in the application
for an IHA, should result, at worst, in the temporary modification in
behavior by California sea lions, Pacific harbor seals and northern
elephant seals. The effects of abalone research surveys on SNI are
expected to be limited to short term and localized changes in behavior
involving relatively small numbers of pinnipeds. While behavioral
modifications, including temporarily vacating onshore haulouts, may be
made by these species to avoid the presence and nearness of abalone
researchers, this action is expected to have a negligible impact on the
animals. In addition, no take by injury or death is anticipated, and
harassment takes will be at the lowest level practicable due to
incorporation of the mitigation measures mentioned previously in this
document.
Proposed Authorization
NMFS proposes to issue an IHA to Dr. Glenn R. VanBlaricom for the
potential harassment of small numbers of Pacific harbor seals,
California sea lions and northern elephant seals incidental to abalone
population trend research, provided the previously mentioned
mitigation, monitoring, and reporting requirements are incorporated.
NMFS has preliminarily determined that the proposed activity would
result in the harassment of small numbers of Pacific harbor seals,
California sea lions and northern elephant seals and will have no more
than a negligible impact on these marine mammal stocks.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: November 29, 2004.
Donna Wieting,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 04-26636 Filed 12-2-04; 8:45 am]
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