80 FR 28229 - Takes of Marine Mammals Incidental to Specified Activities; Seabird Monitoring and Research in Glacier Bay National Park, Alaska, 2015
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 80, Issue 95 (May 18, 2015)
National Oceanic and Atmospheric Administration
Federal Register Volume 80, Issue 95 (May 18, 2015)
| Page Range | 28229-28236 | |
| FR Document | 2015-11903 |
[Federal Register Volume 80, Number 95 (Monday, May 18, 2015)] [Notices] [Pages 28229-28236] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11903] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XD815 Takes of Marine Mammals Incidental to Specified Activities; Seabird Monitoring and Research in Glacier Bay National Park, Alaska, 2015 AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; issuance of an incidental harassment authorization. ----------------------------------------------------------------------- SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) regulations, we, NMFS, hereby give notification that the National Marine Fisheries Service has issued an Incidental Harassment Authorization (IHA) to Glacier Bay National Park (Glacier Bay NP), to take marine mammals, by Level B harassment, incidental to conducting seabird monitoring and research activities in Alaska, May through September, 2015. [[Page 28230]] DATES: Effective May 15, 2015, through September 30, 2015. ADDRESSES: The public may obtain an electronic copy of Glacier Bay NP's application, supporting documentation, the authorization, and a list of the references cited in this document by visiting: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. In the case of problems accessing these documents, please call the contact listed here (see FOR FURTHER INFORMATION CONTACT). The Environmental Assessment and associated Finding of No Significant Impact, prepared pursuant to the National Environmental Policy Act of 1969, are also available at the same site. FOR FURTHER INFORMATION CONTACT: Jeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401. SUPPLEMENTARY INFORMATION: Background 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. An Authorization shall be granted 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). The Authorization must also set forth the permissible methods of taking; other means of effecting the least practicable adverse impact on the species or stock and its habitat; and requirements pertaining to the mitigation, monitoring and reporting of such taking. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.'' Except with respect to certain activities not pertinent here, the MMPA defines ``harassment'' as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. Summary of Request On January 15, 2015, NMFS received an application from Glacier Bay NP requesting that we issue an Authorization for the take of marine mammals, incidental to conducting monitoring and research studies on glaucus-winged gulls (Larus glaucescens) within Glacier Bay National Park and Preserve in Alaska. NMFS determined the application complete and adequate on February 27, 2015. NMFS previously issued an Authorization to Glacier Bay NP for the same activities in 2014 (79 FR 56065, September 18, 2014). No seabird research activities occurred during the effective period of the 2014 Authorization. Glacier Bay NP proposes to conduct ground-based and vessel-based surveys to collect data on the number and distribution of nesting gulls within five study sites in Glacier Bay, AK. Glacier Bay NP proposes to complete up to five visits per study site, from May through September 2015. The activities are within the vicinity of pinniped haulout sites and the following aspects of the proposed activities are likely to result in the take of marine mammals: Noise generated by motorboat approaches and departures; noise generated by researchers while conducting ground surveys; and human presence during the monitoring and research activities. NMFS anticipates that take by Level B harassment only, of individuals of harbor seals (Phoca vitulina) would result from the specified activity. Although Steller sea lions (Eumetopias jubatus) may be present in the action area, Glacier Bay NP has proposed to avoid any site used by Steller sea lions. Description of the Specified Activity Overview Glacier Bay NP proposes to identify the onset of gull nesting; conduct mid-season surveys of adult gulls, and locate and document gull nest sites within the following study areas: Boulder, Lone, and Flapjack Islands, and Geikie Rock. Each of these study sites contains harbor seal haulout sites and Glacier Bay NP proposes to visit each study site up to five times during the research season. Glacier Bay NP must conduct the gull monitoring studies to meet the requirements of a 2010 Record of Decision for a Legislative Environmental Impact Statement (NPS, 2010) which states that Glacier Bay NP must initiate a monitoring program for the gulls to inform future native egg harvests by the Hoonah Tlingit in Glacier Bay, AK. Glacier Bay NP actively monitors harbor seals at breeding and molting sites to assess population trends over time (e.g., Mathews & Pendleton, 2006; Womble et al., 2010). Glacier Bay NP also coordinates pinniped monitoring programs with NMFS' National Marine Mammal Laboratory and the Alaska Department of Fish & Game and plans to continue these collaborations and sharing of monitoring data and observations in the future. Dates and Duration The Authorization would be effective from May 15, 2015 through September 30, 2015. Following is a brief summary of the activities. Glacier Bay NP proposes to conduct a maximum of three ground-based surveys per each study site and a maximum of two vessel-based surveys per each study site. NMFS refers the reader to the notice of proposed Authorization (80 FR 18359, April 6, 2015) for detailed information on the scope of the proposed activities. Specified Geographic Region The proposed study sites would occur in the vicinity of the following locations: Boulder (58[deg]33'18.08'' N; 136[deg]1'13.36'' W), Lone (58[deg]43'17.67'' N; 136[deg]17'41.32'' W), and Flapjack (58[deg]35'10.19'' N; 135[deg]58'50.78'' W) Islands, and Geikie Rock (58[deg]41'39.75'' N; 136[deg]18'39.06'' W) in Glacier Bay, Alaska. Glacier Bay NP will also conduct studies at Tlingit Point Islet located at 58[deg]45'16.86'' N; 136[deg]10'41.74'' W; however, there are no reported pinniped haulout sites at that location. Detailed Description of Activities Glacier Bay NP proposes to conduct: (1) Ground-based surveys at a maximum frequency of three visits per site; and (2) vessel-based surveys at a maximum frequency of two visits per site from the period of May 15 through September 30, 2015. Ground-Based Surveys: These surveys involve two trained observers visiting the largest gull colony on each island to: (1) Obtain information on the numbers of nests, their location, and contents (i.e., eggs or chicks); (2) determine the onset of laying, distribution, abundance, [[Page 28231]] and predation of gull nests and eggs; and (3) record the proximity of other species relative to colony locations. The observers would access each island using a kayak, a 32.8 to 39.4-foot (ft) (10 to 12 meter (m)) motorboat, or a 12 ft (4 m) inflatable rowing dinghy. The landing craft's transit speed would not exceed 4 knots (4.6 miles per hour (mph). Ground surveys generally last from 30 minutes to up to two hours depending on the size of the island and the number of nesting gulls. Glacier Bay NP will discontinue ground surveys after they detect the first hatchling to minimize disturbance to the gull colonies. Vessel-Based Surveys: These surveys involve two trained observers observing and counting the number of adult and fledgling gulls from the deck of a motorized vessel which would transit around each island at a distance of approximately 328 ft (100 m) to avoid flushing the birds from the colonies. Vessel-based surveys generally last from 30 minutes to up to two hours depending on the size of the island and the number of nesting gulls. Comments and Responses We published a notice of receipt of Glacier Bay NP's application and proposed Authorization in the Federal Register (80 FR 18359, April 6, 2015). During the 30-day comment period, we received one comment from the Marine Mammal Commission (Commission) which recommended that we issue the requested Authorization, provided that Glacier Bay NP carries out the required monitoring and mitigation measures as described in the notice of the proposed authorization (80 FR 18359, April 6, 2015) and the application. We have included all measures proposed in the notice of the proposed authorization (80 FR 18359, April 6, 2015) in the final Authorization. We also received comments from one private citizen who opposed the authorization on the basis that NMFS should not allow any Authorizations for harassment. We considered the commenter's general opposition to Glacier Bay NP's activities and to our issuance of an Authorization. The Authorization, described in detail in the Federal Register notice of the proposed Authorization (80 FR 18359, April 6, 2015) includes mitigation and monitoring measures to effect the least practicable impact to marine mammals and their habitat. It is our responsibility to determine whether the activities will have a negligible impact on the affected species or stocks; will have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses, where relevant; and to prescribe the means of effecting the least practicable adverse impact on the affected species or stocks and their habitat, as well as monitoring and reporting requirements. Regarding the commenter's opposition to authorizing harassment, the MMPA allows U.S. citizens (which includes Glacier Bay NP) to request take of marine mammals incidental to specified activities, and requires us to authorize such taking if we can make the necessary findings required by law and if we set forth the appropriate prescriptions. As explained throughout the Federal Register notice (80 FR 18359, April 6, 2015), we made the necessary preliminary findings under 16 U.S.C. 1361(a)(5)(D) to support issuance of Authorization. Description of Marine Mammals in the Area of the Specified Activity The marine mammals most likely to be harassed incidental to conducting seabird monitoring and research are Pacific harbor seals. We do not anticipate harassment of Steller sea lions due to the researchers avoiding any site with Steller sea lions present. NMFS refers the public to the Glacier Bay NP's application and the 2014 NMFS Marine Mammal Stock Assessment Report available online at: http://www.nmfs.noaa.gov/pr/sars/species.htm for further information on the biology and local distribution of these species. Other Marine Mammals in the Proposed Action Area Northern sea otters (Enhydra lutris kenyoni) and polar bears (Ursis maritimus) listed as threatened under the Endangered Species Act could occur in the proposed area. The U.S. Fish and Wildlife Service manages these species and we do not consider them further in this notice of issuance of an Authorization. Potential Effects of the Specified Activities on Marine Mammals Acoustic and visual stimuli generated by: (1) Noise generated by kayak, motorboat, or dinghy approaches and departures; (2) human presence during seabird monitoring and research activities, have the potential to cause Pacific harbor seals hauled out on Boulder, Lone, and Flapjack Islands, and Geikie Rock to flush into the surrounding water or to cause a short-term behavioral disturbance for marine mammals. We expect that acoustic and visual stimuli resulting from the proposed activities has the potential to harass marine mammals. We also expect 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 harbor seals. We included a summary and discussion of the ways that the types of stressors associated with Glacier Bay NP's specified activities (i.e., visual and acoustic disturbance) have the potential to impact marine mammals in the notice of proposed authorization (80 FR 18359, April 6, 2015). Vessel Strike: The potential for striking marine mammals is a concern with vessel traffic. However, it is highly unlikely that the use of small, slow-moving kayaks or boats to access the research areas would result in injury, serious injury, or mortality to any marine mammal. Typically, the reasons for vessel strikes are fast transit speeds, lack of maneuverability, or not seeing the animal because the boat is so large. Glacier Bay NP's researchers will access areas at slow transit speeds in easily maneuverable kayaks or small boats negating any chance of an accidental strike. Rookeries: No monitoring or research activities would occur on pinniped rookeries and breeding animals are concentrated in areas where researchers would not visit. Therefore, we do not expect mother and pup separation or crushing of pups during flushing. Anticipated Effects on Marine Mammal Habitat We considered these impacts in detail in the notice for the proposed authorization (80 FR 18359, April 6, 2015). Briefly, we do not anticipate that the proposed research would result in any temporary or permanent effects on the habitats used by the marine mammals in the proposed area, including the food sources they use (i.e., fish and invertebrates). While NMFS anticipates that the specified activity may result in marine mammals avoiding certain areas due to motorboat operations or human presence, this impact to habitat is temporary and reversible. NMFS considered these 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. Based on the preceding discussion, NMFS does not anticipate that the proposed activity would have any habitat-related effects that could cause significant or long- term consequences for individual marine mammals or their populations. [[Page 28232]] Mitigation In order to issue an incidental take authorization under section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable adverse impact on such species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for taking for certain subsistence uses (where relevant). Applications for incidental take authorizations must include the availability and feasibility (economic and technological) of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact on the affected species or stock and their habitat 50 CFR 216.104(a)(11). The Glacier Bay NP has reviewed the following source documents and has incorporated a suite of proposed mitigation measures into their project description. (1) Recommended best practices in Womble et al. (2013); Richardson et al. (1995); Pierson et al. (1998); and Weir and Dolman, (2007). To reduce the potential for disturbance from acoustic and visual stimuli associated with the activities Glacier Bay NP and/or its designees has proposed to implement the following mitigation measures for marine mammals:Perform pre-survey monitoring before deciding to access a study site; Avoid accessing a site based on a pre-determined threshold number of animals present; sites used by pinnipeds for pupping; or sites used by Steller sea lions; Perform controlled and slow ingress to the study site to prevent a stampede and select a pathway of approach to minimize the number of marine mammals harassed; Monitor for offshore predators at study sites. Avoid approaching the study site if killer whales (Orcinus orca) are present. If Glacier Bay NP and/or its designees see predators in the area, they must not disturb the pinnipeds until the area is free of predators. Maintain a quiet research atmosphere in the visual presence of pinnipeds. Pre-Survey Monitoring: Prior to deciding to land onshore to conduct the study, the researchers would use high-powered image stabilizing binoculars from the watercraft to document the number, species, and location of hauled out marine mammals at each island. The vessels would maintain a distance of 328 to 1,640 ft (100 to 500 m) from the shoreline to allow the researchers to conduct pre-survey monitoring. During every visit, the researchers will examine each study site closely using high powered image stabilizing binoculars before approaching at distances of greater than 500 m (1,640 ft) to determine and document the number, species, and location of hauled out marine mammals. Site Avoidance: Researchers would decide whether or not to approach the island based on the species present, number of individuals, and the presence of pups. If there are high numbers (more than 25) harbor seals hauled out (with or without young pups present), any time pups are present, or any time that Steller sea lions are present, the researchers will not approach the island and will not conduct gull monitoring research. Controlled Landings: The researchers would determine whether to approach the island based on the number and type of animals present. If the island has 25 or fewer individuals without pups, the researchers would approach the island by motorboat at a speed of approximately 2 to 3 knots (2.3 to 3.4 mph). This would provide enough time for any marine mammals present to slowly enter the water without panic or stampede. The researchers would also select a pathway of approach farthest from the hauled out harbor seals to minimize disturbance. Minimize Predator Interactions: If the researchers visually observe marine predators (i.e. killer whales) present in the vicinity of hauled out marine mammals, the researchers would not approach the study site. Noise Reduction Protocols: While onshore at study sites, the researchers would remain vigilant for hauled out marine mammals. If marine mammals are present, the researchers would move slowly and use quiet voices to minimize disturbance to the animals present. Mitigation Conclusions NMFS has carefully evaluated Glacier Bay NP's proposed mitigation measures in the context of ensuring that we prescribe the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. Our evaluation of potential measures included consideration of the following factors in relation to one another: The manner in which, and the degree to which, the successful implementation of the measure is expected to minimize adverse impacts to marine mammals; The proven or likely efficacy of the specific measure to minimize adverse impacts as planned; and 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 here: 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 motorboat operations or visual presence that we expect 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 exposed to motorboat operations or visual presence that we expect 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 motorboat operations or visual presence that we expect to result in the take of marine mammals (this goal may contribute to a, 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 the evaluation of Glacier Bay NP's proposed measures, NMFS has determined that the proposed mitigation measures provide the means of effecting the least practicable impact on marine mammal species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance. [[Page 28233]] Monitoring In order to issue an ITA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must set forth ``requirements pertaining to the monitoring and reporting of such taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13) indicate that requests for Authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that we expect to be present in the proposed action area. Glacier Bay NP submitted a marine mammal monitoring plan in section 13 of their Authorization application. NMFS or the Glacier Bay NP has not modified or supplemented the plan based on comments or new information received from the public during the public comment period. Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals: 1. An increase in our understanding of the likely occurrence of marine mammal species in the vicinity of the action, (i.e., presence, abundance, distribution, and/or density of species). 2. An increase in our understanding of the nature, scope, or context of the likely exposure of marine mammal species to any of the potential stressor(s) associated with the action (e.g., sound or visual stimuli), through better understanding of one or more of the following: The action itself and its environment (e.g., sound source characterization, propagation, and ambient noise levels); the affected species (e.g., life history or dive pattern); the likely co-occurrence of marine mammal species with the action (in whole or part) associated with specific adverse effects; and/or the likely biological or behavioral context of exposure to the stressor for the marine mammal (e.g., age class of exposed animals or known pupping, calving or feeding areas). 3. An increase in our understanding of how individual marine mammals respond (behaviorally or physiologically) to the specific stressors associated with the action (in specific contexts, where possible, e.g., at what distance or received level). 4. An increase in our understanding of how anticipated individual responses, to individual stressors or anticipated combinations of stressors, may impact either: The long-term fitness and survival of an individual; or the population, species, or stock (e.g. through effects on annual rates of recruitment or survival). 5. An increase in our understanding of how the activity affects marine mammal habitat, such as through effects on prey sources or acoustic habitat (e.g., through characterization of longer-term contributions of multiple sound sources to rising ambient noise levels and assessment of the potential chronic effects on marine mammals). 6. An increase in understanding of the impacts of the activity on marine mammals in combination with the impacts of other anthropogenic activities or natural factors occurring in the region. 7. An increase in our understanding of the effectiveness of mitigation and monitoring measures. 8. An increase in the probability of detecting marine mammals (through improved technology or methodology), both specifically within the safety zone (thus allowing for more effective implementation of the mitigation) and in general, to better achieve the above goals. As part of its Authorization application, Glacier Bay NP proposes to sponsor marine mammal monitoring during the project, in order to implement the mitigation measures that require real-time monitoring, and to satisfy the monitoring requirements of the MMPA. The Glacier Bay NP 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 and location of the researcher's activities and the number and type of species present. The researchers would document the behavioral state of animals present, and any apparent disturbance reactions or lack thereof. Glacier Bay NP can add to the knowledge of pinnipeds in the proposed action area by noting observations of: (1) Unusual behaviors, numbers, or distributions of pinnipeds, such that any potential follow- up research can be conducted by the appropriate personnel; (2) tag- bearing carcasses of pinnipeds, allowing transmittal of the information to appropriate agencies and personnel; and (3) rare or unusual species of marine mammals for agency follow-up. If at any time injury, serious injury, or mortality of the species for which take is authorized should occur, or if take of any kind of any other marine mammal occurs, and such action may be a result of the proposed land survey, Glacier Bay NP would suspend research and monitoring activities and contact NMFS immediately to determine how best to proceed to ensure that another injury or death does not occur and to ensure that the applicant remains in compliance with the MMPA. Encouraging and Coordinating Research Glacier Bay NP actively monitors harbor seals at breeding and molting haul out locations to assess trends over time. This monitoring program involves collaborations with biologists from the Alaska Department of Fish and Game, and the National Marine Mammal Laboratory. Glacier Bay NP will continue these collaborations and encourage continued or renewed monitoring of marine mammal species. Additionally, they would report vessel-based counts of marine mammals, branded, or injured animals, and all observed disturbances to the appropriate state and federal agencies. Reporting Glacier Bay NP will submit a draft monitoring report to us no later than 90 days after the expiration of the Incidental Harassment Authorization, if we issue it. The report will describe the operations conducted and sightings of marine mammals near the proposed project. The report will provide full documentation of methods, results, and interpretation pertaining to all monitoring. The report will provide: 1. A summary and table of the dates, times, and weather during all research activities. 2. Species, number, location, and behavior of any marine mammals observed throughout all monitoring activities. Report the numbers of disturbances, by species and age, according to a three-point scale of intensity including: (1) Head orientation 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, or changing from a lying to a sitting position and/or slight movement of less than 1 meter; ``alert''; (2) Movements in response to or away from disturbance, typically over short distances (1-3 meters) and including dramatic changes in direction or speed of locomotion for animals already in motion; ``movement''; and (3) All flushes to the water as well as lengthier retreats (>3 meters); ``flight''. 3. An estimate of the number (by species) of marine mammals exposed to acoustic or visual stimuli associated with the research activities. 4. A description of the implementation and effectiveness of the [[Page 28234]] monitoring and mitigation measures of the Authorization and full documentation of methods, results, and interpretation pertaining to all monitoring. In the unanticipated event that the specified activity clearly causes the take 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, stampede, etc.), Glacier Bay NP shall immediately cease the specified activities and immediately report the incident to the Division Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding Coordinator at (907) 586-7248. The report must include the following information: Time, date, and location (latitude/longitude) of the incident; Description and location of the incident (including water depth, if applicable); Environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); Description of all marine mammal observations in the 24 hours preceding the incident; Species identification or description of the animal(s) involved; Fate of the animal(s); and Photographs or video footage of the animal(s) (if equipment is available). Glacier Bay NP shall not resume its activities until NMFS is able to review the circumstances of the prohibited take. We will work with Glacier Bay to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. Glacier Bay NP may not resume their activities until notified by us via letter, email, or telephone. In the event that Glacier Bay NP 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 we describe in the next paragraph), Glacier Bay NP will immediately report the incident to the Division Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427-8401 and the Alaska Regional Stranding Coordinator at (907) 586-7248. 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. We will work with Glacier Bay NP to determine whether modifications in the activities are appropriate. In the event that Glacier Bay NP discovers an injured or dead marine mammal, and the lead visual observer determines that the injury or death is not associated with or related to the authorized activities (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), Glacier Bay will report the incident to the incident to the Division Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, at 301-427- 8401 and the Alaska Regional Stranding Coordinator at (907) 586-7248 within 24 hours of the discovery. Glacier Bay NP researchers will provide photographs or video footage (if available) or other documentation of the stranded animal sighting to us. Glacier Bay NP can continue their research activities. Estimated Take by Incidental Harassment Except with respect to certain activities not pertinent here, the MMPA defines ``harassment'' as: Any act of pursuit, torment, or annoyance which (i) has the potential to injure a marine mammal or marine mammal stock in the wild [Level A harassment]; or (ii) has the potential to disturb a marine mammal or marine mammal stock in the wild by causing disruption of behavioral patterns, including, but not limited to, migration, breathing, nursing, breeding, feeding, or sheltering [Level B harassment]. All anticipated takes would be by Level B harassment, involving temporary changes in behavior. NMFS expects that the proposed mitigation and monitoring measures would minimize the possibility of injurious or lethal takes. NMFS considers the potential for take by injury, serious injury, or mortality as remote. NMFS expects that the presence of Glacier Bay NP personnel could disturb animals hauled out and that the animals may alter their behavior or attempt to move away from the researchers. As discussed earlier, NMFS considers an animal to have been harassed if it moved greater than 1 m (3.3 ft) in response to the surveyors' presence or if the animal was already moving and changed direction and/or speed, or if the animal flushed into the water. NMFS does not consider animals that became alert without such movements as harassed. Based on pinniped survey counts conducted by Glacier Bay NP (e.g., Mathews & Pendleton, 2006; Womble et al., 2010), NMFS estimates that the research activities could potentially affect by Level B behavioral harassment 500 harbor seals over the course of the Authorization. This estimate represents 9.9 percent of the Glacier Bay/Icy Strait stock of harbor seals and accounts for a maximum disturbance of 25 harbor seals each per visit at Boulder, Lone, and Flapjack Islands, and Geikie Rock, Alaska over a maximum level of five visits. Harbor seals tend to haul out in small numbers (on average, less than 50 animals) at most sites with the exception of Flapjack Island (Womble, Pers. Comm.). Animals on Flapjack Boulder Islands generally haul out on the south side of the Islands and are not located near the research sites located on the northern side of the Islands. Aerial survey maximum counts show that harbor seals sometimes haul out in large numbers at all four locations (see Table 2 in Glacier Bays NP's application), and sometimes individuals and mother/pup pairs occupy different terrestrial locations than the main haulout (J. Womble, personal observation). Considering the conservation status for the Western stock of the Steller sea lion, the Glacier Bay NP researchers would not conduct ground-based or vessel-based surveys if they observe Steller sea lions before accessing Boulder, Lone, and Flapjack Islands, and Geikie Rock. Thus, NMFS expects no takes to occur for this species during the proposed activities. NMFS does not propose to authorize any injury, serious injury, or mortality. NMFS expect all potential takes to fall under the category of Level B harassment only. Analysis and Determinations Negligible Impact Negligible impact' is ``an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival'' (50 CFR 216.103). 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. An estimate of the number of Level B harassment takes alone is not enough information on which to base an impact determination. In addition to considering estimates of the number of marine mammals that might be ``taken'' through behavioral harassment, NMFS considers other factors, such as the likely nature of any responses (e.g., intensity, duration), the context of any responses (e.g., critical reproductive time or location, migration), as well as [[Page 28235]] the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat. Although Glacier Bay NP's survey activities may disturb harbor seals hauled out at the survey sites, NMFS expects those impacts to occur to a small, localized group of animals for a limited duration (e.g., 30 minutes to two hours each visit). Pinnipeds would likely become alert or, at most, flush into the water in reaction to the presence of Glacier Bay NP personnel during the proposed activities. Disturbance will be limited to a short duration, allowing the animals to reoccupy the island within a short amount of time. Thus, the proposed action is unlikely to result in long-term impacts such as permanent abandonment of the haul-out. For reasons stated previously in this document and based on the following factors, Glacier Bay NP's specified activities are not likely to cause long-term behavioral disturbance, injury, serious injury, or death. These reasons include: 1. The effects of the research activities would be limited to short-term responses and temporary behavioral changes due to the short and sporadic duration of the research activities. Minor and brief responses 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 disturbances from the research operations. Anecdotal reports from previous Glacier Bay NP activities have shown that the pinnipeds returned to the various sites and did not permanently abandon haul-out sites after Glacier Bay NP conducted their research activities. 3. There is no potential for large-scale movements leading to injury, serious injury, or mortality because the researchers would delay ingress into the landing areas only after the pinnipeds have slowly entered the water. 4. Glacier Bay NP will limit access to Boulder, Lone, and Flapjack Islands, and Geikie Rock when there are high numbers (more than 25) harbor seals hauled out (with or without young pups present), any time pups are present, or any time that Steller sea lions are present, the researchers will not approach the island and will not conduct gull monitoring research. NMFS does not anticipate that any injuries, serious injuries, or mortalities would occur as a result of Glacier Bay NP's proposed activities with the mitigation and related monitoring, and NMFS does not propose to authorize injury, serious injury, or mortality at this time. In addition, the research 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 Level B (behavioral) harassment anticipated and described (see ``Potential Effects on Marine Mammals'' section in this notice), we do not expect the activity to impact annual rates of recruitment or survival for any affected species or stock. In summary, NMFS anticipates that impacts to hauled-out harbor seals during Glacier Bay NP's research activities would be behavioral harassment of limited duration (i.e., up to two hours per visit) and limited intensity (i.e., temporary flushing at most). NMFS does not expect stampeding, and therefore injury or mortality, to occur (see ``Mitigation'' for more details). 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 monitoring and mitigation measures, NMFS finds that the total marine mammal take from Glacier Bay's proposed research activities will have a negligible impact on the affected marine mammal species or stocks. Small Numbers As mentioned previously, NMFS estimates that Glacier Bay NP's activities could potentially affect, by Level B harassment only, one species of marine mammal under our jurisdiction. For harbor seals, this estimate is small (9.9 percent) relative to the population size and we have provided the percentage of the harbor seal's regional population estimate that the activities may take by Level B harassment in this notice. Based on the analysis contained in this notice of the likely effects of the specified activity on marine mammals and their habitat, and taking into consideration the implementation of the mitigation and monitoring measures, NMFS finds that Glacier Bay NP's proposed activities would take small numbers of marine mammals relative to the populations of the affected species or stocks. Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses There are no relevant subsistence uses of marine mammals implicated by this action. Glacier Bay National Park prohibits subsistence harvest of harbor seals within the Park (Catton, 1995). Endangered Species Act (ESA) NMFS does not expect that Glacier Bay NP's proposed research activities (which includes mitigation measures to avoid harassment of Steller sea lions) would affect any species listed under the ESA. Therefore, NMFS has determined that a section 7 consultation under the ESA is not required. National Environmental Policy Act (NEPA) In 2014, NMFS prepared an Environmental Assessment (EA) analyzing the potential effects to the human environment from NMFS' issuance of a Authorization to Glacier Bay NP for their seabird research activities. In September 2014, NMFS issued a Finding of No Significant Impact (FONSI) on the issuance of an Authorization for Glacier Bay NP'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). Glacier Bay NP's proposed activities and impacts for 2015 are within the scope of the 2014 EA and FONSI. NMFS provided relevant environmental information to the public through a previous notice for the proposed Authorization (80 FR 18359, April 6, 2015) and considered public comments received in response prior to finalizing the 2014 EA and deciding whether or not to issue a Finding of No Significant Impact (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, reaffirms the 2014 FONSI. NMFS' EA and FONSI for this activity are available upon request (see ADDRESSES). Authorization As a result of these determinations, we have issued an Incidental Harassment Authorization to Glacier Bay National Park for conducting seabird research May 15, 2015 through September 30, 2015, provided they incorporate the previously mentioned mitigation, monitoring, and reporting requirements. [[Page 28236]] Dated: May 12, 2015. Donna S. Wieting, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2015-11903 Filed 5-15-15; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices 28229
Review and Selection Process Programs.’’ For states that participate in Paperwork Reduction Act
Screening, review, and selection this process, it is the state agency’s The FFO contains collection-of-
procedures will take place in three responsibility to contact their state’s information requirements subject to the
steps: (1) An initial screening by Single Point of Contact (SPOC) to find Paperwork Reduction Act (PRA). The
competition program staff within out about and comply with the state’s use of Standard Forms 424, 424A, 424B,
NOAA’s Office for Coastal Management; process under Executive Order 12372. and SF–LLL and CD–346 has been
(2) a merit review; and (3) final selection To assist the applicant, the names and approved by the Office of Management
by the Selecting Official (i.e., Director of addresses of the SPOCs are listed on the and Budget (OMB) under the respective
the Office for Coastal Management or Office of Management and Budget’s Web control numbers 0348–0043, 0348–0044,
the Director’s designee). The merit site http://www.whitehouse.gov/omb/ 0348–0040, 0348–0046, and 0605–0001.
review step will involve at least three grants_spoc. Notwithstanding any other provision of
reviewers per application. The Selecting law, no person is required to, nor shall
Limitation of Liability
Official will make the final decision a person be subject to a penalty for
regarding which applications will be In no event will NOAA or the failure to comply with, a collection of
funded based on the numerical ranking Department of Commerce be responsible information subject to the requirements
of the applications, the evaluations by for proposal preparation costs if these of the PRA unless that collection of
the merit reviewers, and the selection programs fail to receive funding or are information displays a currently valid
factors set in Section V.C. of the FFO. cancelled because of other agency OMB control number.
(1) Initial Screening. The initial priorities. Publication of this Executive Order 12866
screening will ensure that application announcement does not oblige NOAA to
packages have all required forms and This notice has been determined to be
award any specific project or to obligate
application elements and meet all of the not significant for purposes of Executive
any available funds.
eligibility criteria. Applications that Order 12866.
pass this initial screening will be National Environmental Policy Act Executive Order 13132
submitted for merit review. (2) Merit NOAA must analyze the potential It has been determined that this notice
Review. Eligible applications for this environmental impacts, as required by does not contain policies with
competition will be evaluated in the National Environmental Policy Act federalism implications as that term is
accordance with the criteria and weights defined in Executive Order 13132.
(NEPA), for applicant projects or
described in this solicitation by at least
proposals which are seeking NOAA Dated: May 13, 3015.
three independent peer reviewers
federal funding opportunities. Christopher C. Cartwright,
through an independent peer mail
Consequently, as part of an applicant’s Associate Assistant Administrator for
review and/or an independent peer
package, and under their description of Management and CFO/CAO, Ocean Services
panel. (3) Final Selection. The
their program activities, applicants are and Coastal Zone Management, National
competition program staff will create a
required to provide detailed information Oceanic and Atmospheric Administration.
ranking of the proposals to be
on the activities to be conducted, [FR Doc. 2015–11956 Filed 5–15–15; 8:45 am]
recommended for funding using the
locations, sites, species and habitat to be
average merit review or panel review BILLING CODE 3510–22–P
affected, possible construction
scores, if a panel review is conducted.
activities, and any environmental
The Selecting Official shall award in the
concerns that may exist (e.g., the use DEPARTMENT OF COMMERCE
rank order unless the proposal is
and disposal of hazardous or toxic
justified to be selected out of rank order National Oceanic and Atmospheric
chemicals, introduction of non-
based upon one or more of the following Administration
indigenous species, impacts to
factors: (1) Availability of funding; (2)
endangered and threatened species, RIN 0648–XD815
balance/distribution of funds: (a)
aquaculture projects, and impacts to
Geographically, (b) by type of
coral reef systems). Applicants may also Takes of Marine Mammals Incidental to
institutions, (c) by type of partners, (d)
be requested to assist NOAA in drafting Specified Activities; Seabird
by research areas, or (e) by project types;
of an environmental assessment, if Monitoring and Research in Glacier
(3) whether the project duplicates other
NOAA determines an assessment is Bay National Park, Alaska, 2015
projects funded or considered for
required, or in identifying feasible
funding by NOAA or other agencies; (4) AGENCY: National Marine Fisheries
measures to reduce or avoid any
program priorities and policy factors as Service (NMFS), National Oceanic and
identified adverse environmental
described in Section I.A. and I.B. of the Atmospheric Administration (NOAA),
impacts of their proposal. The failure to
FFO; (5) an applicant’s prior award Commerce.
do so shall be grounds for not selecting
performance; (6) partnerships and/or ACTION: Notice; issuance of an incidental
an application. Further details regarding
participation of targeted groups; (7) harassment authorization.
NOAA’s compliance with NEPA can be
adequacy of information necessary for
found in the full Federal Funding SUMMARY: In accordance with the
NOAA staff to make a NEPA
Opportunity. Marine Mammal Protection Act
determination and draft necessary
documentation before recommendations The Department of Commerce Pre- (MMPA) regulations, we, NMFS, hereby
give notification that the National
asabaliauskas on DSK5VPTVN1PROD with NOTICES
for funding are made to the NOAA Award Notification Requirements for
Grants Officer. The Selecting Official or Grants and Cooperative Agreements Marine Fisheries Service has issued an
designee may negotiate the funding Incidental Harassment Authorization
level of the proposal. The Department of Commerce Pre- (IHA) to Glacier Bay National Park
Award Notification Requirements for (Glacier Bay NP), to take marine
Intergovernmental Review Grants and Cooperative Agreements mammals, by Level B harassment,
Applications under the FFO are contained in the Federal Register notice incidental to conducting seabird
subject to Executive Order 12372, of December 30, 2014 (79 FR 78390), are monitoring and research activities in
‘‘Intergovernmental Review of applicable to this solicitation. Alaska, May through September, 2015.
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DATES: Effective May 15, 2015, through mammal or marine mammal stock in the proposes to visit each study site up to
September 30, 2015. wild [Level A harassment]; or (ii) has five times during the research season.
ADDRESSES: The public may obtain an the potential to disturb a marine Glacier Bay NP must conduct the gull
electronic copy of Glacier Bay NP’s mammal or marine mammal stock in the monitoring studies to meet the
application, supporting documentation, wild by causing disruption of behavioral requirements of a 2010 Record of
the authorization, and a list of the patterns, including, but not limited to, Decision for a Legislative Environmental
references cited in this document by migration, breathing, nursing, breeding, Impact Statement (NPS, 2010) which
visiting: http://www.nmfs.noaa.gov/pr/ feeding, or sheltering [Level B states that Glacier Bay NP must initiate
permits/incidental.htm#applications. In harassment]. a monitoring program for the gulls to
the case of problems accessing these inform future native egg harvests by the
Summary of Request Hoonah Tlingit in Glacier Bay, AK.
documents, please call the contact listed
here (see FOR FURTHER INFORMATION On January 15, 2015, NMFS received Glacier Bay NP actively monitors harbor
CONTACT). an application from Glacier Bay NP seals at breeding and molting sites to
The Environmental Assessment and requesting that we issue an assess population trends over time (e.g.,
associated Finding of No Significant Authorization for the take of marine Mathews & Pendleton, 2006; Womble et
Impact, prepared pursuant to the mammals, incidental to conducting al., 2010). Glacier Bay NP also
National Environmental Policy Act of monitoring and research studies on coordinates pinniped monitoring
1969, are also available at the same site. glaucus-winged gulls (Larus programs with NMFS’ National Marine
FOR FURTHER INFORMATION CONTACT: glaucescens) within Glacier Bay Mammal Laboratory and the Alaska
Jeannine Cody, NMFS, Office of National Park and Preserve in Alaska. Department of Fish & Game and plans
Protected Resources, NMFS (301) 427– NMFS determined the application to continue these collaborations and
8401. complete and adequate on February 27, sharing of monitoring data and
2015. observations in the future.
SUPPLEMENTARY INFORMATION:
NMFS previously issued an Dates and Duration
Background Authorization to Glacier Bay NP for the
The Authorization would be effective
Section 101(a)(5)(D) of the Marine same activities in 2014 (79 FR 56065,
from May 15, 2015 through September
Mammal Protection Act of 1972, as September 18, 2014). No seabird
30, 2015. Following is a brief summary
amended (MMPA; 16 U.S.C. 1361 et research activities occurred during the
of the activities.
seq.) directs the Secretary of Commerce effective period of the 2014 Glacier Bay NP proposes to conduct a
to allow, upon request, the incidental, Authorization. maximum of three ground-based
but not intentional, taking of small Glacier Bay NP proposes to conduct surveys per each study site and a
numbers of marine mammals of a ground-based and vessel-based surveys maximum of two vessel-based surveys
species or population stock, by U.S. to collect data on the number and per each study site. NMFS refers the
citizens who engage in a specified distribution of nesting gulls within five reader to the notice of proposed
activity (other than commercial fishing) study sites in Glacier Bay, AK. Glacier Authorization (80 FR 18359, April 6,
within a specified geographical region Bay NP proposes to complete up to five 2015) for detailed information on the
if, after NMFS provides a notice of a visits per study site, from May through scope of the proposed activities.
proposed authorization to the public for September 2015.
review and comment: (1) NMFS makes Specified Geographic Region
The activities are within the vicinity
certain findings; and (2) the taking is of pinniped haulout sites and the The proposed study sites would occur
limited to harassment. following aspects of the proposed in the vicinity of the following
An Authorization shall be granted for activities are likely to result in the take locations: Boulder (58°33′18.08″ N;
the incidental taking of small numbers of marine mammals: Noise generated by 136°1′13.36″ W), Lone (58°43′17.67″ N;
of marine mammals if NMFS finds that motorboat approaches and departures; 136°17′41.32″ W), and Flapjack
the taking will have a negligible impact noise generated by researchers while (58°35′10.19″ N; 135°58′50.78″ W)
on the species or stock(s), and will not conducting ground surveys; and human Islands, and Geikie Rock (58°41′39.75″
have an unmitigable adverse impact on presence during the monitoring and N; 136°18′39.06″ W) in Glacier Bay,
the availability of the species or stock(s) research activities. NMFS anticipates Alaska. Glacier Bay NP will also
for subsistence uses (where relevant). that take by Level B harassment only, of conduct studies at Tlingit Point Islet
The Authorization must also set forth individuals of harbor seals (Phoca located at 58°45′16.86″ N; 136°10′41.74″
the permissible methods of taking; other vitulina) would result from the specified W; however, there are no reported
means of effecting the least practicable activity. Although Steller sea lions pinniped haulout sites at that location.
adverse impact on the species or stock (Eumetopias jubatus) may be present in
and its habitat; and requirements Detailed Description of Activities
the action area, Glacier Bay NP has
pertaining to the mitigation, monitoring proposed to avoid any site used by Glacier Bay NP proposes to conduct:
and reporting of such taking. NMFS has Steller sea lions. (1) Ground-based surveys at a maximum
defined ‘‘negligible impact’’ in 50 CFR frequency of three visits per site; and (2)
216.103 as ‘‘an impact resulting from Description of the Specified Activity vessel-based surveys at a maximum
the specified activity that cannot be Overview frequency of two visits per site from the
reasonably expected to, and is not period of May 15 through September 30,
asabaliauskas on DSK5VPTVN1PROD with NOTICES
reasonably likely to, adversely affect the Glacier Bay NP proposes to identify 2015.
species or stock through effects on the onset of gull nesting; conduct mid- Ground-Based Surveys: These surveys
annual rates of recruitment or survival.’’ season surveys of adult gulls, and locate involve two trained observers visiting
Except with respect to certain and document gull nest sites within the the largest gull colony on each island to:
activities not pertinent here, the MMPA following study areas: Boulder, Lone, (1) Obtain information on the numbers
defines ‘‘harassment’’ as: Any act of and Flapjack Islands, and Geikie Rock. of nests, their location, and contents
pursuit, torment, or annoyance which (i) Each of these study sites contains harbor (i.e., eggs or chicks); (2) determine the
has the potential to injure a marine seal haulout sites and Glacier Bay NP onset of laying, distribution, abundance,
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![28234 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices
monitoring and mitigation measures of In the event that Glacier Bay NP 500 harbor seals over the course of the
the Authorization and full discovers an injured or dead marine Authorization. This estimate represents
documentation of methods, results, and mammal, and the lead visual observer 9.9 percent of the Glacier Bay/Icy Strait
interpretation pertaining to all determines that the injury or death is stock of harbor seals and accounts for a
monitoring. not associated with or related to the maximum disturbance of 25 harbor seals
In the unanticipated event that the authorized activities (e.g., previously each per visit at Boulder, Lone, and
specified activity clearly causes the take wounded animal, carcass with moderate Flapjack Islands, and Geikie Rock,
of a marine mammal in a manner to advanced decomposition, or Alaska over a maximum level of five
prohibited by the authorization, such as scavenger damage), Glacier Bay will visits.
an injury (Level A harassment), serious report the incident to the incident to the Harbor seals tend to haul out in small
injury, or mortality (e.g., vessel-strike, Division Chief, Permits and numbers (on average, less than 50
stampede, etc.), Glacier Bay NP shall Conservation Division, Office of animals) at most sites with the
immediately cease the specified Protected Resources, NMFS, at 301– exception of Flapjack Island (Womble,
activities and immediately report the 427–8401 and the Alaska Regional Pers. Comm.). Animals on Flapjack
incident to the Division Chief, Permits Stranding Coordinator at (907) 586– Boulder Islands generally haul out on
and Conservation Division, Office of 7248 within 24 hours of the discovery. the south side of the Islands and are not
Protected Resources, NMFS, at 301– Glacier Bay NP researchers will provide located near the research sites located
427–8401 and the Alaska Regional photographs or video footage (if on the northern side of the Islands.
Stranding Coordinator at (907) 586– available) or other documentation of the Aerial survey maximum counts show
7248. The report must include the stranded animal sighting to us. Glacier that harbor seals sometimes haul out in
following information: Bay NP can continue their research large numbers at all four locations (see
• Time, date, and location (latitude/ activities. Table 2 in Glacier Bays NP’s
longitude) of the incident; Estimated Take by Incidental application), and sometimes individuals
• Description and location of the and mother/pup pairs occupy different
Harassment
incident (including water depth, if terrestrial locations than the main
applicable); Except with respect to certain haulout (J. Womble, personal
• Environmental conditions (e.g., activities not pertinent here, the MMPA observation).
wind speed and direction, Beaufort sea defines ‘‘harassment’’ as: Any act of Considering the conservation status
state, cloud cover, and visibility); pursuit, torment, or annoyance which (i) for the Western stock of the Steller sea
• Description of all marine mammal has the potential to injure a marine lion, the Glacier Bay NP researchers
observations in the 24 hours preceding mammal or marine mammal stock in the would not conduct ground-based or
the incident; wild [Level A harassment]; or (ii) has vessel-based surveys if they observe
• Species identification or the potential to disturb a marine Steller sea lions before accessing
description of the animal(s) involved; mammal or marine mammal stock in the Boulder, Lone, and Flapjack Islands,
• Fate of the animal(s); and wild by causing disruption of behavioral and Geikie Rock. Thus, NMFS expects
• Photographs or video footage of the patterns, including, but not limited to, no takes to occur for this species during
animal(s) (if equipment is available). migration, breathing, nursing, breeding,
Glacier Bay NP shall not resume its the proposed activities.
feeding, or sheltering [Level B NMFS does not propose to authorize
activities until NMFS is able to review harassment].
the circumstances of the prohibited any injury, serious injury, or mortality.
All anticipated takes would be by
take. We will work with Glacier Bay to NMFS expect all potential takes to fall
Level B harassment, involving
determine what is necessary to under the category of Level B
temporary changes in behavior. NMFS
minimize the likelihood of further harassment only.
expects that the proposed mitigation
prohibited take and ensure MMPA and monitoring measures would Analysis and Determinations
compliance. Glacier Bay NP may not minimize the possibility of injurious or
resume their activities until notified by Negligible Impact
lethal takes. NMFS considers the
us via letter, email, or telephone. potential for take by injury, serious Negligible impact’ is ‘‘an impact
In the event that Glacier Bay NP injury, or mortality as remote. NMFS resulting from the specified activity that
discovers an injured or dead marine expects that the presence of Glacier Bay cannot be reasonably expected to, and is
mammal, and the lead researcher NP personnel could disturb animals not reasonably likely to, adversely affect
determines that the cause of the injury hauled out and that the animals may the species or stock through effects on
or death is unknown and the death is alter their behavior or attempt to move annual rates of recruitment or survival’’
relatively recent (i.e., in less than a away from the researchers. (50 CFR 216.103). The lack of likely
moderate state of decomposition as we As discussed earlier, NMFS considers adverse effects on annual rates of
describe in the next paragraph), Glacier an animal to have been harassed if it recruitment or survival (i.e., population
Bay NP will immediately report the moved greater than 1 m (3.3 ft) in level effects) forms the basis of a
incident to the Division Chief, Permits response to the surveyors’ presence or if negligible impact finding. An estimate
and Conservation Division, Office of the animal was already moving and of the number of Level B harassment
Protected Resources, NMFS, at 301– changed direction and/or speed, or if takes alone is not enough information
427–8401 and the Alaska Regional the animal flushed into the water. on which to base an impact
Stranding Coordinator at (907) 586– NMFS does not consider animals that determination. In addition to
asabaliauskas on DSK5VPTVN1PROD with NOTICES
7248. The report must include the same became alert without such movements considering estimates of the number of
information identified in the paragraph as harassed. marine mammals that might be ‘‘taken’’
above this section. Activities may Based on pinniped survey counts through behavioral harassment, NMFS
continue while we review the conducted by Glacier Bay NP (e.g., considers other factors, such as the
circumstances of the incident. We will Mathews & Pendleton, 2006; Womble et likely nature of any responses (e.g.,
work with Glacier Bay NP to determine al., 2010), NMFS estimates that the intensity, duration), the context of any
whether modifications in the activities research activities could potentially responses (e.g., critical reproductive
are appropriate. affect by Level B behavioral harassment time or location, migration), as well as
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![28236 Federal Register / Vol. 80, No. 95 / Monday, May 18, 2015 / Notices
Dated: May 12, 2015. before this group for discussion, in Protected Species (APPS) home page,
Donna S. Wieting, accordance with the Magnuson-Stevens https://apps.nmfs.noaa.gov, and then
Director, Office of Protected Resources, Fishery Conservation and Management selecting File No. 19281 from the list of
National Marine Fisheries Service. Act (Magnuson-Stevens Act), those available applications.
[FR Doc. 2015–11903 Filed 5–15–15; 8:45 am] issues may not be the subject of formal These documents are also available
BILLING CODE 3510–22–P action during these meetings. Actions upon written request or by appointment
will be restricted to those issues in the Permits and Conservation
specifically identified in this notice and Division, Office of Protected Resources,
DEPARTMENT OF COMMERCE any issues arising after publication of NMFS, 1315 East-West Highway, Room
this notice that require emergency 13705, Silver Spring, MD 20910; phone
National Oceanic and Atmospheric action under section 305(c) of the (301) 427–8401; fax (301) 713–0376.
Administration Magnuson-Stevens Act, provided the
public has been notified of the Council’s Written comments on this application
Mid-Atlantic Fishery Management intent to take final action to address the should be submitted to the Chief,
Council (MAFMC); Public Meeting emergency. Permits and Conservation Division, at
Webinar and phone connection the address listed above. Comments may
AGENCY: National Marine Fisheries
information, a detailed agenda, and any also be submitted by facsimile to (301)
Service (NMFS), National Oceanic and
briefing materials will be posted at 713–0376, or by email to
Atmospheric Administration (NOAA),
www.mafmc.org prior to the meeting. NMFS.Pr1Comments@noaa.gov. Please
Commerce.
include the File No. in the subject line
ACTION: Notice of a public meeting. Special Accommodations of the email comment.
SUMMARY: The Mid-Atlantic Fishery These meetings are physically Those individuals requesting a public
Management Council’s (Council’s) accessible to people with disabilities. hearing should submit a written request
Cooperative Research Committee will Requests for sign language to the Chief, Permits and Conservation
hold a public meeting. interpretation or other auxiliary aid Division at the address listed above. The
DATES: The meeting will be held on should be directed to M. Jan Saunders, request should set forth the specific
Tuesday, June 2, 2015, from 9:30 a.m. to (302) 526–5251, at least 5 days prior to reasons why a hearing on this
11:30 a.m., via internet webinar. the meeting date. application would be appropriate.
ADDRESSES: The meeting will be held Dated: May 13, 2015. FOR FURTHER INFORMATION CONTACT:
via webinar with a telephone-only Tracey L. Thompson, Malcolm Mohead or Rosa L. González,
connection option. Acting Deputy Director, Office of Sustainable (301) 427–8401.
Council address: Mid-Atlantic Fishery Fisheries, National Marine Fisheries Service.
Management Council, 800 N. State St., [FR Doc. 2015–11953 Filed 5–15–15; 8:45 am] SUPPLEMENTARY INFORMATION: The
Suite 201, Dover, DE 19901; telephone: BILLING CODE 3510–22–P
subject permit is requested under the
(302) 674–2331. authority of the Endangered Species Act
FOR FURTHER INFORMATION CONTACT: of 1973, as amended (ESA; 16 U.S.C.
Christopher M. Moore, Ph.D., Executive DEPARTMENT OF COMMERCE 1531 et seq.) and the regulations
Director, Mid-Atlantic Fishery governing the taking, importing, and
Management Council; telephone: (302) National Oceanic and Atmospheric exporting of endangered and threatened
526–5255. The Council’s Web site, Administration species (50 CFR parts 222–226).
www.mafmc.org will have details on the RIN 0648–XD776 In directed research with shortnose
proposed agenda, webinar access, and sturgeon ELS, researchers propose to
briefing materials. Endangered Species; File No. 19281 define the toxic concentrations of the
SUPPLEMENTARY INFORMATION: In August industrial contaminants polychlorinated
2014, the Council voted to suspend the AGENCY: National Marine Fisheries
biphenyl (PCBs) and Dioxin (2,3,7,8–
Research Set-Aside (RSA) program for Service (NMFS), National Oceanic and
TCDD). Twenty-thousand fertilized
2015 in order to address a range of Atmospheric Administration (NOAA),
embryos of shortnose sturgeon would be
issues, including abuse of the program Commerce.
imported annually from a Canadian
and inconsistencies in the quality and ACTION: Notice; receipt of application. captive source and exposed (2 to 3-day
usefulness of RSA-funded research. post-fertilization) to graded doses of the
SUMMARY: Notice is hereby given that Dr.
During this period of suspension, staff is above contaminants. The laboratory
Isaac Wirgin, New York University
working with the RSA Committee and tests would be run both singly and in
School of Medicine, Department of
Council to identify potential cooperative combination with 10 different
Environmental Medicine, 57 Old Forge
research approaches that will enable the temperatures or varying levels of
Road, Tuxedo, NY 10987, has applied in
Council to achieve these goals more dissolved oxygen, representing
due form for a permit to take early life
effectively. environmental stresses. Surviving
During this meeting the Cooperative stages (ELS) of endangered, captive
shortnose sturgeon (Acipenser progeny would be euthanized after tests
Research Committee will discuss a are completed each year. The permit
revised action plan and specific next brevirostrum) for purposes of scientific
research. would be valid for five years from
steps for the ongoing review and
asabaliauskas on DSK5VPTVN1PROD with NOTICES
issuance date.
restructuring of the Council’s DATES: Written, telefaxed, or email
comments must be received on or before Dated: May 12, 2015.
involvement in cooperative research.
The Committee’s recommendations will June 17, 2015. Julia Harrison,
be reviewed by the full Council at its ADDRESSES: The application and related Chief, Permits and Conservation Division,
meeting on June 8–11, in Virginia documents are available for review by Office of Protected Resources, National
Beach, VA. selecting ‘‘Records Open for Public Marine Fisheries Service.
Although non-emergency issues not Comment’’ from the ‘‘Features’’ box on [FR Doc. 2015–11901 Filed 5–15–15; 8:45 am]
contained in this agenda may come the Applications and Permits for BILLING CODE 3510–22–P
VerDate Sep<11>2014 18:52 May 15, 2015 Jkt 235001 PO 00000 Frm 00018 Fmt 4703 Sfmt 9990 E:\FR\FM\18MYN1.SGM 18MYN1](https://thefederalregister.org/doc/80_FR_28324/page/8.svg)
Document Created: 2015-12-16 07:38:36
Document Modified: 2015-12-16 07:38:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice; issuance of an incidental harassment authorization. | |
| Dates | Effective May 15, 2015, through September 30, 2015. | |
| Contact | Jeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401. | |
| FR Citation | 80 FR 28229 | |
| RIN Number | 0648-XD81 |
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