80_FR_80568 80 FR 80321 - Takes of Marine Mammals Incidental to Specified Activities; Seabird Research Activities in Central California, 2015-2016

80 FR 80321 - Takes of Marine Mammals Incidental to Specified Activities; Seabird Research Activities in Central California, 2015-2016

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 80, Issue 247 (December 24, 2015)

Page Range80321-80323
FR Document2015-32409

We, NMFS, give notice that we have revised an Incidental Harassment Authorization (Authorization) issued to Point Blue Conservation Science (Point Blue) to take marine mammals, by harassment, incidental to conducting seabird research activities on Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes National Seashore in central California. Point Blue's current Authorization is effective until January 30, 2016, and authorizes the incidental harassment, by Level B harassment only, of approximately 9,871 California sea lions (Zalophus californianus). Current environmental conditions in the Pacific Ocean offshore California-- which researchers have attributed to an impending El Nino event--have contributed to unprecedented numbers of California sea lions hauled out in areas where Point Blue conducts seabird surveys. As such, Point Blue requested a modification to their current Authorization to increase the number of authorized take for California sea lions to continue their research. Per the Marine Mammal Protection Act, we are revising the Authorization to Point Blue for the incidental harassment, by Level B harassment only, a total of 41,889 California sea lions.

Federal Register, Volume 80 Issue 247 (Thursday, December 24, 2015)
[Federal Register Volume 80, Number 247 (Thursday, December 24, 2015)]
[Notices]
[Pages 80321-80323]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32409]



[[Page 80321]]

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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD66


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

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of a revised incidental harassment 
authorization.

-----------------------------------------------------------------------

SUMMARY: We, NMFS, give notice that we have revised an Incidental 
Harassment Authorization (Authorization) issued to Point Blue 
Conservation Science (Point Blue) to take marine mammals, by 
harassment, incidental to conducting seabird research activities on 
Southeast Farallon Island, A[ntilde]o Nuevo Island, and Point Reyes 
National Seashore in central California. Point Blue's current 
Authorization is effective until January 30, 2016, and authorizes the 
incidental harassment, by Level B harassment only, of approximately 
9,871 California sea lions (Zalophus californianus). Current 
environmental conditions in the Pacific Ocean offshore California--
which researchers have attributed to an impending El Nino event--have 
contributed to unprecedented numbers of California sea lions hauled out 
in areas where Point Blue conducts seabird surveys. As such, Point Blue 
requested a modification to their current Authorization to increase the 
number of authorized take for California sea lions to continue their 
research. Per the Marine Mammal Protection Act, we are revising the 
Authorization to Point Blue for the incidental harassment, by Level B 
harassment only, a total of 41,889 California sea lions.

DATES: The authorization is still effective January 31, 2015, through 
January 30, 2016.

ADDRESSES: To obtain an electronic copy of the revised Authorization, 
write to Jolie Harrison, Chief, Permits and Conservation Division, 
Office of Protected Resources, National Marine Fisheries Service, 1315 
East-West Highway, Silver Spring, MD 20910, telephone the contact 
listed here (see FOR FURTHER INFORMATION CONTACT), or visit the 
internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm.

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

SUPPLEMENTARY INFORMATION:

Summary of Request

    On December 23, 2014, NMFS published a Federal Register notice of a 
proposed Authorization to Point Blue (79 FR 76975) and subsequently 
published a Federal Register notice of issuance of the Authorization on 
February 25, 2015 (80 FR 10066), effective from January 31, 2015, 
through January 30, 2016. To date, we have issued six one-year 
Authorizations to Point Blue, along with partners Oikonos Ecosystem 
Knowledge and Point Reyes National Seashore, for the conduct of the 
same activities from 2007 to 2015 (72 FR 71121, December 14, 2007; 73 
FR 77011, December 18, 2008; 75 FR 8677, February 19, 2010; 77 FR 
73989, December 7, 2012; 78 FR 66686, November 6, 2013; and 80 FR 
10066, February 25, 2015).
    On September 22, 2015, NMFS received a request from Point Blue 
seeking to revise the Authorization issued on January 31, 2015 (80 FR 
10066, February 25, 2015) to increase the number of authorized take of 
small numbers of California sea lions from approximately 9,871 to a 
total of 44,871 for the duration of the current Authorization which 
expires on January 30, 2016. Current environmental conditions in the 
Pacific Ocean offshore California--which researchers have attributed to 
an impending El Nino event--have contributed to unprecedented numbers 
of California sea lions hauled out in areas where Point Blue conducts 
seabird surveys. As such, Point Blue requested a modification to their 
current Authorization to increase the number of authorized take for 
California sea lions to continue their seabird research activities. 
This was the only requested change to the current Authorization.
    On October 13, 2015, NMFS published a notice (80 FR 61376) 
requesting comments on the proposed revision. The Federal Register 
notice set forth only a proposed change in the numbers of take for 
California sea lions. There were no other changes to the current 
Authorization as described in the February 25, 2015, Federal Register 
notice of an issued Authorization (80 FR 10066): The specified 
activity; description of marine mammals in the area of the specified 
activity; potential effects on marine mammals and their habitat; 
mitigation and related monitoring used to implement mitigation; 
reporting; estimated take by incidental harassment for Pacific harbor 
seals (Phoca vitulina), northern elephant seals (Mirounga 
angustirostris), or Steller sea lions (Eumetopias jubatus); negligible 
impact and small numbers analyses and determinations; impact on 
availability of affected species or stocks for subsistence uses and the 
period of effectiveness remain unchanged and are herein incorporated by 
reference.

Description of the Specified Activity

Overview

    Point Blue will continue to monitor and census seabird colonies; 
observe seabird nesting habitat; restore nesting burrows; and resupply 
a field station annually in central California (i.e., Southeast 
Farallon Island, West End Island, A[ntilde]o Nuevo Island, Point Reyes 
National Seashore, San Francisco Bay, and the Russian River in Sonoma 
County). The purpose of the seabird research is to continue a 30-year 
monitoring program of the region's seabird populations.
    NMFS outlined the purpose of Point Blue's activities in a previous 
notice for the proposed authorization (79 FR 76975, December 23, 2014). 
Point Blue's activities and level of survey effort have not changed 
since the publication of the Federal Register notice announcing the 
issuance of the Authorization (80 FR 10066, February 25, 2015). For a 
more detailed description of the authorized action, we refer the reader 
to that notice of Authorization (80 FR 10066, February 25, 2015).

Need for Modification to the Authorization

    The Authorization requires Point Blue to monitor for marine mammals 
in order to implement mitigation measures to effect the least 
practicable adverse impact on marine mammals. Monitoring activities 
consist of conducting and recording observations on pinnipeds within 
the vicinity of the research areas. The monitoring reports provide 
dates, location, species, and the researcher's activities. The reports 
will also include the behavioral state of marine mammals present, 
numbers of animals that moved greater than one meter, and numbers of 
pinnipeds that flushed into the water. Between January 31 through 
November 6, 2015, Point Blue recorded the following instances of Level 
B harassment for the following research areas: Southeast Farallon 
Island/West End Island (20,052); Ano Nuevo (723); and Point Reyes (30).
    Point Blue reports that between January and March, 2015, California 
sea lion incidental take patterns were relatively normal at the South 
Farallon Islands/West End Island survey locations. However, during the 
summer

[[Page 80322]]

of 2015, warm water conditions along the California coast in summer 
resulted in more California sea lions hauling out in areas where Point 
Blue conducts its seabird research activities. Point Blue reported that 
throughout the summer months, sea lion numbers continued to grow, with 
greater numbers hauled out in areas where researchers have not normally 
recorded sea lion attendance. For example, since August 15, 2015 at the 
South Farallon Islands, Point Blue reported that thousands of sea lions 
hauled out in unusual locations high on the islands. During this 
period, Point Blue has restricted their activities as much as possible 
to still perform their monitoring duties while trying to minimize 
pinniped disturbance. Thus, NMFS has modified the current Authorization 
to increase the number of take by Level B harassment only for 
California sea lions to a total of 41,889 for the duration of the 
current Authorization which expires on January 30, 2016.

Comments and Responses

    We published a notice of receipt of the proposed revised 
Authorization in the Federal Register on October 13, 2015 (80 FR 
61376). During the 30-day comment period, we received one comment from 
the Marine Mammal Commission (Commission) which recommended that we 
issue the revised Authorization, provided that the proposed 
modification includes only the increase in the number of authorized 
takes based on the number of sea lions that would be harassed 
incidental to the seabird research and resupply activities and not 
include takes associated with removing sea lions from critical 
infrastructure (including docks, landings, and piers) and access paths 
or human safety concerns which is included in the authorities available 
under sections 101(a)(4) or 109(h) of the MMPA.
    NMFS agrees with the Commission's recommendation and the revised 
Authorization includes only those takes for California sea lions 
related to seabird research and resupply activities. Point Blue 
requested an increase of 35,000 takes based on rough preliminary 
observations. However, during the MMPA consultation process, Point Blue 
provided us with draft monitoring reports with more accurate estimates 
of California sea lions harassed incidental to seabird research 
activities from September 23, 2015 through November 6, 2015 
(approximately 20,805 animals). We further analyzed those preliminary 
reports and projected that Point Blue could harass an additional 21,084 
California sea lions for the remainder of the current authorization. 
Thus, the revised Authorization for a total of 41,899 takes for 
California sea lions accounts for an additional 32,018 takes versus the 
Point Blue's requested increase of 35,000 takes.
    We base these estimates on the largest estimated number of 
California sea lions taken by day within four reporting periods between 
January 31, 2015 and November 6, 2015 multiplied by 84 days remaining 
within the current Authorization. The resulting take estimates are 
20,664 California sea lions for Southeast Farallon Island (9,334 
animals divided by 38 days then multiplied by 84 days); 336 California 
sea lions for Ano Nuevo Island (554 animals divided by 156 days then 
multiplied by 84 days); and 84 California sea lion for (10 animals 
divided by 38 days then multiplied by 84 days). Based on our final 
analyses, NMFS would authorize an total 41,889 takes for California sea 
lions which accounts for take already incurred and the potential for 
increased take continuing through January 2016.
    The revised Authorization also directs Point Blue and its partners 
to conduct other activities related to preventing damage to critical 
infrastructure and private property and ensuring personal human safety 
from hauled out pinnipeds in accordance with sections 101(a)(4) or 
109(h) of the MMPA.

Findings

    Marine Mammal Protection Act (MMPA)--As required by the MMPA, for 
the original Authorization, NMFS determined that: (1) The required 
mitigation measures are sufficient to reduce the effects of the 
specified activities to the level of least practicable impact; (2) the 
authorized takes will have a negligible impact on the affected marine 
mammal species; (3) the authorized takes represent small numbers 
relative to the affected stock abundances; and (4) Point Blue's 
activities will not have an unmitigable adverse impact on taking for 
subsistence purposes as no relevant subsistence uses of marine mammals 
are implicated by this action.
    Negligible Impact: For reasons stated previously in the Federal 
Register notices for the proposed authorization (79 FR 76975, December 
23, 2014) and the issued Authorization (80 FR 10066, February 25, 
2015), NMFS anticipates that impacts to hauled-out California sea lions 
during Point Blue's activities would be behavioral harassment of 
limited duration (i.e., less than one day) and limited intensity (i.e., 
temporary flushing at most). NMFS does not expect Point Blue's 
specified activities to cause long-term behavioral disturbance, 
permanent abandonment of the haul out area, or stampeding, and 
therefore injury or mortality to occur.
    With the exception of a proposed increase in the number of 
authorized takes for California sea lions, no other substantive changes 
have occurred in the interim. 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 
required monitoring and mitigation measures, NMFS finds that the total 
marine mammal take from Point Blue's survey activities will have a 
negligible impact on the affected marine mammal species or stocks.
    Small Numbers: For reasons stated previously in the Federal 
Register notices for the proposed authorization (79 FR 76975, December 
23, 2014) and the issued Authorization (80 FR 10066, February 25, 2015) 
NMFS estimates that four species of marine mammals could be potentially 
affected by Level B harassment over the course of the proposed 
Authorization. With the exception of an increase in authorized take for 
California sea lions, no other substantive changes have occurred in the 
interim. For California sea lions, the proposed increase in take is 
small relative to the population size. The revised incidental 
harassment number represents approximately 14 percent of the U.S. stock 
of California sea lion.
    National Environmental Policy Act (NEPA)--In compliance with the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 
NMFS prepared an Environmental Assessment (EA) analyzing the potential 
effects to the human environment from the issuance of a proposed 
Authorization to Point Blue for their seabird research activities. In 
January 2014, NMFS issued a Finding of No Significant Impact (FONSI) on 
the issuance of an Authorization for Point Blue's research activities 
in accordance with section 6.01 of the NOAA Administrative Order 216-6 
(Environmental Review Procedures for Implementing the National 
Environmental Policy Act, May 20, 1999). No substantive changes have 
occurred in the interim.
    Endangered Species Act (ESA)--No marine mammal species listed under 
the ESA occur in the action area. Therefore, NMFS has determined that a 
section 7 consultation under the ESA is not required. No substantive 
changes have occurred in the interim.

Revised Authorization

    As a result of these determinations, we have revised the 
Authorization

[[Page 80323]]

issued to Point Blue and its designees for the take of marine mammals 
incidental to their seabird research activities, provided they 
incorporate the previously mentioned mitigation, monitoring, and 
reporting requirements.

    Dated: December 18, 2015.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2015-32409 Filed 12-23-15; 8:45 am]
 BILLING CODE 3510-22-P



                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                           80321

                                                  DEPARTMENT OF COMMERCE                                  Protected Resources, NMFS (301) 427–                  seals (Mirounga angustirostris), or
                                                                                                          8401.                                                 Steller sea lions (Eumetopias jubatus);
                                                  National Oceanic and Atmospheric                        SUPPLEMENTARY INFORMATION:                            negligible impact and small numbers
                                                  Administration                                                                                                analyses and determinations; impact on
                                                                                                          Summary of Request                                    availability of affected species or stocks
                                                  RIN 0648–XD66
                                                                                                             On December 23, 2014, NMFS                         for subsistence uses and the period of
                                                  Takes of Marine Mammals Incidental to                   published a Federal Register notice of a              effectiveness remain unchanged and are
                                                  Specified Activities; Seabird Research                  proposed Authorization to Point Blue                  herein incorporated by reference.
                                                  Activities in Central California, 2015–                 (79 FR 76975) and subsequently
                                                                                                          published a Federal Register notice of                Description of the Specified Activity
                                                  2016
                                                                                                          issuance of the Authorization on                      Overview
                                                  AGENCY:  National Marine Fisheries                      February 25, 2015 (80 FR 10066),
                                                  Service (NMFS), National Oceanic and                                                                             Point Blue will continue to monitor
                                                                                                          effective from January 31, 2015, through
                                                  Atmospheric Administration (NOAA),                                                                            and census seabird colonies; observe
                                                                                                          January 30, 2016. To date, we have
                                                  Commerce.                                                                                                     seabird nesting habitat; restore nesting
                                                                                                          issued six one-year Authorizations to
                                                                                                          Point Blue, along with partners Oikonos               burrows; and resupply a field station
                                                  ACTION: Notice; issuance of a revised
                                                                                                          Ecosystem Knowledge and Point Reyes                   annually in central California (i.e.,
                                                  incidental harassment authorization.
                                                                                                          National Seashore, for the conduct of                 Southeast Farallon Island, West End
                                                  SUMMARY:    We, NMFS, give notice that                  the same activities from 2007 to 2015                 Island, Año Nuevo Island, Point Reyes
                                                  we have revised an Incidental                           (72 FR 71121, December 14, 2007; 73 FR                National Seashore, San Francisco Bay,
                                                  Harassment Authorization                                77011, December 18, 2008; 75 FR 8677,                 and the Russian River in Sonoma
                                                  (Authorization) issued to Point Blue                    February 19, 2010; 77 FR 73989,                       County). The purpose of the seabird
                                                  Conservation Science (Point Blue) to                    December 7, 2012; 78 FR 66686,                        research is to continue a 30-year
                                                  take marine mammals, by harassment,                     November 6, 2013; and 80 FR 10066,                    monitoring program of the region’s
                                                  incidental to conducting seabird                        February 25, 2015).                                   seabird populations.
                                                  research activities on Southeast Farallon                  On September 22, 2015, NMFS                           NMFS outlined the purpose of Point
                                                  Island, Año Nuevo Island, and Point                    received a request from Point Blue                    Blue’s activities in a previous notice for
                                                  Reyes National Seashore in central                      seeking to revise the Authorization                   the proposed authorization (79 FR
                                                  California. Point Blue’s current                        issued on January 31, 2015 (80 FR                     76975, December 23, 2014). Point Blue’s
                                                  Authorization is effective until January                10066, February 25, 2015) to increase                 activities and level of survey effort have
                                                  30, 2016, and authorizes the incidental                 the number of authorized take of small                not changed since the publication of the
                                                  harassment, by Level B harassment                       numbers of California sea lions from                  Federal Register notice announcing the
                                                  only, of approximately 9,871 California                 approximately 9,871 to a total of 44,871              issuance of the Authorization (80 FR
                                                  sea lions (Zalophus californianus).                     for the duration of the current                       10066, February 25, 2015). For a more
                                                  Current environmental conditions in the                 Authorization which expires on January                detailed description of the authorized
                                                  Pacific Ocean offshore California—                      30, 2016. Current environmental                       action, we refer the reader to that notice
                                                  which researchers have attributed to an                 conditions in the Pacific Ocean offshore              of Authorization (80 FR 10066, February
                                                  impending El Nino event—have                            California—which researchers have                     25, 2015).
                                                  contributed to unprecedented numbers                    attributed to an impending El Nino                    Need for Modification to the
                                                  of California sea lions hauled out in                   event—have contributed to                             Authorization
                                                  areas where Point Blue conducts seabird                 unprecedented numbers of California
                                                  surveys. As such, Point Blue requested                  sea lions hauled out in areas where                      The Authorization requires Point Blue
                                                  a modification to their current                         Point Blue conducts seabird surveys. As               to monitor for marine mammals in order
                                                  Authorization to increase the number of                 such, Point Blue requested a                          to implement mitigation measures to
                                                  authorized take for California sea lions                modification to their current                         effect the least practicable adverse
                                                  to continue their research. Per the                     Authorization to increase the number of               impact on marine mammals. Monitoring
                                                  Marine Mammal Protection Act, we are                    authorized take for California sea lions              activities consist of conducting and
                                                  revising the Authorization to Point Blue                to continue their seabird research                    recording observations on pinnipeds
                                                  for the incidental harassment, by Level                 activities. This was the only requested               within the vicinity of the research areas.
                                                  B harassment only, a total of 41,889                    change to the current Authorization.                  The monitoring reports provide dates,
                                                  California sea lions.                                      On October 13, 2015, NMFS                          location, species, and the researcher’s
                                                                                                          published a notice (80 FR 61376)                      activities. The reports will also include
                                                  DATES: The authorization is still
                                                                                                          requesting comments on the proposed                   the behavioral state of marine mammals
                                                  effective January 31, 2015, through                                                                           present, numbers of animals that moved
                                                                                                          revision. The Federal Register notice set
                                                  January 30, 2016.                                                                                             greater than one meter, and numbers of
                                                                                                          forth only a proposed change in the
                                                  ADDRESSES: To obtain an electronic                      numbers of take for California sea lions.             pinnipeds that flushed into the water.
                                                  copy of the revised Authorization, write                There were no other changes to the                    Between January 31 through November
                                                  to Jolie Harrison, Chief, Permits and                   current Authorization as described in                 6, 2015, Point Blue recorded the
                                                  Conservation Division, Office of                        the February 25, 2015, Federal Register               following instances of Level B
                                                  Protected Resources, National Marine                    notice of an issued Authorization (80 FR              harassment for the following research
                                                  Fisheries Service, 1315 East-West                       10066): The specified activity;                       areas: Southeast Farallon Island/West
                                                  Highway, Silver Spring, MD 20910,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                                                                          description of marine mammals in the                  End Island (20,052); Ano Nuevo (723);
                                                  telephone the contact listed here (see                  area of the specified activity; potential             and Point Reyes (30).
                                                  FOR FURTHER INFORMATION CONTACT), or                    effects on marine mammals and their                      Point Blue reports that between
                                                  visit the internet at: http://                          habitat; mitigation and related                       January and March, 2015, California sea
                                                  www.nmfs.noaa.gov/pr/permits/                           monitoring used to implement                          lion incidental take patterns were
                                                  incidental/research.htm.                                mitigation; reporting; estimated take by              relatively normal at the South Farallon
                                                  FOR FURTHER INFORMATION CONTACT:                        incidental harassment for Pacific harbor              Islands/West End Island survey
                                                  Jeannine Cody, NMFS, Office of                          seals (Phoca vitulina), northern elephant             locations. However, during the summer


                                             VerDate Sep<11>2014   17:57 Dec 23, 2015   Jkt 238001   PO 00000   Frm 00010   Fmt 4703   Sfmt 4703   E:\FR\FM\24DEN1.SGM   24DEN1


                                                  80322                     Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices

                                                  of 2015, warm water conditions along                    the current authorization. Thus, the                  long-term behavioral disturbance,
                                                  the California coast in summer resulted                 revised Authorization for a total of                  permanent abandonment of the haul out
                                                  in more California sea lions hauling out                41,899 takes for California sea lions                 area, or stampeding, and therefore
                                                  in areas where Point Blue conducts its                  accounts for an additional 32,018 takes               injury or mortality to occur.
                                                  seabird research activities. Point Blue                 versus the Point Blue’s requested                        With the exception of a proposed
                                                  reported that throughout the summer                     increase of 35,000 takes.                             increase in the number of authorized
                                                  months, sea lion numbers continued to                     We base these estimates on the largest              takes for California sea lions, no other
                                                  grow, with greater numbers hauled out                   estimated number of California sea lions              substantive changes have occurred in
                                                  in areas where researchers have not                     taken by day within four reporting                    the interim. Based on the analysis
                                                  normally recorded sea lion attendance.                  periods between January 31, 2015 and                  contained herein of the likely effects of
                                                  For example, since August 15, 2015 at                   November 6, 2015 multiplied by 84 days                the specified activity on marine
                                                  the South Farallon Islands, Point Blue                  remaining within the current                          mammals and their habitat, and taking
                                                  reported that thousands of sea lions                    Authorization. The resulting take                     into consideration the implementation
                                                  hauled out in unusual locations high on                 estimates are 20,664 California sea lions             of the required monitoring and
                                                  the islands. During this period, Point                  for Southeast Farallon Island (9,334                  mitigation measures, NMFS finds that
                                                  Blue has restricted their activities as                 animals divided by 38 days then                       the total marine mammal take from
                                                  much as possible to still perform their                 multiplied by 84 days); 336 California                Point Blue’s survey activities will have
                                                  monitoring duties while trying to                       sea lions for Ano Nuevo Island (554                   a negligible impact on the affected
                                                  minimize pinniped disturbance. Thus,                    animals divided by 156 days then                      marine mammal species or stocks.
                                                  NMFS has modified the current                           multiplied by 84 days); and 84                           Small Numbers: For reasons stated
                                                  Authorization to increase the number of                 California sea lion for (10 animals                   previously in the Federal Register
                                                  take by Level B harassment only for                     divided by 38 days then multiplied by                 notices for the proposed authorization
                                                  California sea lions to a total of 41,889               84 days). Based on our final analyses,                (79 FR 76975, December 23, 2014) and
                                                  for the duration of the current                         NMFS would authorize an total 41,889                  the issued Authorization (80 FR 10066,
                                                  Authorization which expires on January                  takes for California sea lions which                  February 25, 2015) NMFS estimates that
                                                  30, 2016.                                               accounts for take already incurred and                four species of marine mammals could
                                                                                                          the potential for increased take                      be potentially affected by Level B
                                                  Comments and Responses                                  continuing through January 2016.                      harassment over the course of the
                                                     We published a notice of receipt of                    The revised Authorization also directs              proposed Authorization. With the
                                                  the proposed revised Authorization in                   Point Blue and its partners to conduct                exception of an increase in authorized
                                                  the Federal Register on October 13,                     other activities related to preventing                take for California sea lions, no other
                                                  2015 (80 FR 61376). During the 30-day                   damage to critical infrastructure and                 substantive changes have occurred in
                                                  comment period, we received one                         private property and ensuring personal                the interim. For California sea lions, the
                                                  comment from the Marine Mammal                          human safety from hauled out                          proposed increase in take is small
                                                  Commission (Commission) which                           pinnipeds in accordance with sections                 relative to the population size. The
                                                  recommended that we issue the revised                   101(a)(4) or 109(h) of the MMPA.                      revised incidental harassment number
                                                  Authorization, provided that the                                                                              represents approximately 14 percent of
                                                                                                          Findings
                                                  proposed modification includes only                                                                           the U.S. stock of California sea lion.
                                                  the increase in the number of authorized                   Marine Mammal Protection Act                          National Environmental Policy Act
                                                  takes based on the number of sea lions                  (MMPA)—As required by the MMPA,                       (NEPA)—In compliance with the
                                                  that would be harassed incidental to the                for the original Authorization, NMFS                  National Environmental Policy Act of
                                                  seabird research and resupply activities                determined that: (1) The required                     1969 (42 U.S.C. 4321 et seq.), NMFS
                                                  and not include takes associated with                   mitigation measures are sufficient to                 prepared an Environmental Assessment
                                                  removing sea lions from critical                        reduce the effects of the specified                   (EA) analyzing the potential effects to
                                                  infrastructure (including docks,                        activities to the level of least practicable          the human environment from the
                                                  landings, and piers) and access paths or                impact; (2) the authorized takes will                 issuance of a proposed Authorization to
                                                  human safety concerns which is                          have a negligible impact on the affected              Point Blue for their seabird research
                                                  included in the authorities available                   marine mammal species; (3) the                        activities. In January 2014, NMFS issued
                                                  under sections 101(a)(4) or 109(h) of the               authorized takes represent small                      a Finding of No Significant Impact
                                                  MMPA.                                                   numbers relative to the affected stock                (FONSI) on the issuance of an
                                                     NMFS agrees with the Commission’s                    abundances; and (4) Point Blue’s                      Authorization for Point Blue’s research
                                                  recommendation and the revised                          activities will not have an unmitigable               activities in accordance with section
                                                  Authorization includes only those takes                 adverse impact on taking for subsistence              6.01 of the NOAA Administrative Order
                                                  for California sea lions related to seabird             purposes as no relevant subsistence uses              216–6 (Environmental Review
                                                  research and resupply activities. Point                 of marine mammals are implicated by                   Procedures for Implementing the
                                                  Blue requested an increase of 35,000                    this action.                                          National Environmental Policy Act, May
                                                  takes based on rough preliminary                           Negligible Impact: For reasons stated              20, 1999). No substantive changes have
                                                  observations. However, during the                       previously in the Federal Register                    occurred in the interim.
                                                  MMPA consultation process, Point Blue                   notices for the proposed authorization                   Endangered Species Act (ESA)—No
                                                  provided us with draft monitoring                       (79 FR 76975, December 23, 2014) and                  marine mammal species listed under the
                                                  reports with more accurate estimates of                 the issued Authorization (80 FR 10066,                ESA occur in the action area. Therefore,
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  California sea lions harassed incidental                February 25, 2015), NMFS anticipates                  NMFS has determined that a section 7
                                                  to seabird research activities from                     that impacts to hauled-out California sea             consultation under the ESA is not
                                                  September 23, 2015 through November                     lions during Point Blue’s activities                  required. No substantive changes have
                                                  6, 2015 (approximately 20,805 animals).                 would be behavioral harassment of                     occurred in the interim.
                                                  We further analyzed those preliminary                   limited duration (i.e., less than one day)
                                                  reports and projected that Point Blue                   and limited intensity (i.e., temporary                Revised Authorization
                                                  could harass an additional 21,084                       flushing at most). NMFS does not expect                 As a result of these determinations,
                                                  California sea lions for the remainder of               Point Blue’s specified activities to cause            we have revised the Authorization


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                                                                            Federal Register / Vol. 80, No. 247 / Thursday, December 24, 2015 / Notices                                           80323

                                                  issued to Point Blue and its designees                  Eastern time, Monday through Friday,                     Incidental take, or bycatch, in fishing
                                                  for the take of marine mammals                          excluding Federal holidays.                           gear is the primary anthropogenic
                                                  incidental to their seabird research                    SUPPLEMENTARY INFORMATION:                            source of sea turtle injury and mortality
                                                  activities, provided they incorporate the                                                                     in U.S. waters. Section 9 of the ESA
                                                  previously mentioned mitigation,                        Availability of Published Materials                   prohibits the take (including harassing,
                                                  monitoring, and reporting requirements.                   Information regarding the Sea Turtle                harming, pursuing, hunting, shooting,
                                                    Dated: December 18, 2015.                             Observer Requirement for Fisheries (72                wounding, killing, trapping, capturing,
                                                                                                          FR 43176, August 3, 2007) may be                      collecting or attempting to engage in any
                                                  Perry F. Gayaldo,
                                                                                                          obtained at www.nmfs.noaa.gov/pr/                     such conduct), including incidental
                                                  Deputy Director, Office of Protected
                                                                                                          species/turtles/regulations.htm or from               take, of endangered sea turtles. Pursuant
                                                  Resources, National Marine Fisheries Service.
                                                                                                          any NMFS Regional Office at the                       to section 4(d) of the ESA, NMFS has
                                                  [FR Doc. 2015–32409 Filed 12–23–15; 8:45 am]
                                                                                                          addresses listed below:                               issued regulations extending the
                                                  BILLING CODE 3510–22–P                                                                                        prohibition of take, with exceptions, to
                                                                                                            • NMFS, Greater Atlantic Region, 55
                                                                                                          Great Republic Drive, Gloucester, MA                  threatened sea turtles (50 CFR 223.205
                                                                                                          01930;                                                and 223.206). The purpose of the sea
                                                  DEPARTMENT OF COMMERCE                                                                                        turtle observer requirement and the AD
                                                                                                            • NMFS, Southeast Region, 263 13th
                                                  National Oceanic and Atmospheric                        Avenue South, St. Petersburg, FL 33701;               is ultimately to implement ESA sections
                                                  Administration                                            • NMFS, West Coast Region, 501 W.                   9 and 4(d), which prohibit the
                                                                                                          Ocean Blvd., Suite 4200, Long Beach,                  incidental take of endangered and
                                                  RIN 0648–XE191                                                                                                threatened sea turtles, respectively, and
                                                                                                          CA 90802;
                                                                                                                                                                to conserve sea turtles. Section 11 of the
                                                  2016 Annual Determination To                              • NMFS, Pacific Islands Region,
                                                                                                                                                                ESA provides for civil and criminal
                                                  Implement the Sea Turtle Observer                       Protected Resources, 1845 Wasp Blvd.,
                                                                                                                                                                penalties for anyone who violates a
                                                  Requirement                                             Building 176, Honolulu, HI 96818.
                                                                                                                                                                regulation issued pursuant to the ESA,
                                                  AGENCY:  National Marine Fisheries                      Purpose of the Sea Turtle Observer                    including regulations that implement
                                                  Service (NMFS), National Oceanic and                    Requirement                                           the take prohibition, as well as for the
                                                  Atmospheric Administration (NOAA),                                                                            issuance of regulations to enforce the
                                                                                                             Under the ESA, 16 U.S.C. 1531 et seq.,
                                                  Commerce.                                                                                                     take prohibitions. NMFS may grant
                                                                                                          NMFS has the responsibility to
                                                                                                                                                                exceptions to the take prohibitions for
                                                  ACTION: Notice.                                         implement programs to conserve marine
                                                                                                                                                                activities that are covered by an
                                                                                                          species listed as endangered or
                                                  SUMMARY:   The National Marine                                                                                incidental take statement or an
                                                                                                          threatened. All sea turtles found in U.S.
                                                  Fisheries Service (NMFS) is providing                                                                         incidental take permit issued pursuant
                                                                                                          waters are listed as either endangered or
                                                  notification that the agency will not                                                                         to ESA section 7 or 10, respectively. To
                                                                                                          threatened under the ESA. Kemp’s
                                                  identify additional fisheries to observe                                                                      do so, NMFS must determine the
                                                                                                          ridley (Lepidochelys kempii),
                                                  on the Annual Determination (AD) for                                                                          activity that will result in incidental
                                                                                                          loggerhead (Caretta caretta; North                    take is not likely to jeopardize the
                                                  2016, pursuant to its authority under the               Pacific distinct population segment),
                                                  Endangered Species Act (ESA). Through                                                                         continued existence of the affected
                                                                                                          leatherback (Dermochelys coriacea), and               listed species. For some Federal
                                                  the AD, NMFS identifies U.S. fisheries                  hawksbill (Eretmochelys imbricata) sea
                                                  operating in the Atlantic Ocean, Gulf of                                                                      fisheries and most state fisheries, NMFS
                                                                                                          turtles are listed as endangered.                     has not granted an exception for
                                                  Mexico, and Pacific Ocean that will be                  Loggerhead (Caretta caretta; Northwest
                                                  required to take observers upon NMFS’                                                                         incidental takes of sea turtles primarily
                                                                                                          Atlantic distinct population segment),                because we lack information about
                                                  request. The purpose of observing                       green (Chelonia mydas), and olive
                                                  identified fisheries is to learn more                                                                         fishery-sea turtle interactions.
                                                                                                          ridley (Lepidochelys olivacea) sea                       The most effective way for NMFS to
                                                  about sea turtle interactions in a given                turtles are listed as threatened, except
                                                  fishery, evaluate measures to prevent or                                                                      learn about sea turtle-fishery
                                                                                                          for breeding colony populations of green              interactions, in order to implement
                                                  reduce sea turtle takes, and implement                  sea turtles in Florida and on the Pacific
                                                  the prohibition against sea turtle takes.                                                                     management measures and prevent or
                                                                                                          coast of Mexico, and breeding colony                  minimize take, is to place observers
                                                  Fisheries identified on the 2015 AD (see                populations of olive ridley sea turtles on
                                                  Table 1) remain on the AD for a 5-year                                                                        aboard fishing vessels. In 2007, NMFS
                                                                                                          the Pacific coast of Mexico, which are                issued a regulation (50 CFR 222.402)
                                                  period and are required to carry                        listed as endangered. Due to the                      establishing procedures to annually
                                                  observers upon NMFS’ request until                      inability to distinguish between                      identify, pursuant to specified criteria
                                                  December 31, 2019.                                      populations of green and olive ridley                 and after notice and opportunity for
                                                  ADDRESSES: See SUPPLEMENTARY                            turtles away from the nesting beach,                  comment, those fisheries in which the
                                                  INFORMATION for a listing of all Regional               NMFS considers these turtles                          agency intends to place observers (72 FR
                                                  Offices.                                                endangered wherever they occur in U.S.                43176, August 3, 2007). These
                                                  FOR FURTHER INFORMATION CONTACT: Sara                   waters. While some sea turtle                         regulations specify that NMFS may
                                                  McNulty, Office of Protected Resources,                 populations have shown signs of                       place observers on U.S. fishing vessels,
                                                  301–427–8402; Ellen Keane, Greater                      recovery, many populations continue to                commercial or recreational, operating in
                                                  Atlantic Region, 978–282–8476; Dennis                   decline. On March 23, 2015, NMFS and                  U.S. territorial waters, the U.S.
                                                  Klemm, Southeast Region, 727–824–                       the U.S. Fish and Wildlife Service                    exclusive economic zone (EEZ), or on
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  5312; Dan Lawson, West Coast Region,                    (USFWS) found that the green sea turtle               the high seas, or on vessels that are
                                                  562–980–3209; Irene Kelly, Pacific                      is composed of 11 distinct population                 otherwise subject to the jurisdiction of
                                                  Islands Region, 808–725–5141.                           segments (DPSs) that qualify as                       the United States. Failure to comply
                                                  Individuals who use a                                   ‘‘species’’ for listing under the ESA.                with the requirements under this rule
                                                  telecommunications device for the                       NMFS and USFWS proposed to remove                     may result in civil or criminal penalties
                                                  hearing impaired may call the Federal                   the current range-wide listing and, in its            under the ESA.
                                                  Information Relay Service at 1–800–                     place, list eight DPSs as threatened and                 Where observers are required, NMFS
                                                  877–8339 between 8 a.m. and 4 p.m.                      three as endangered.                                  will pay the direct costs for vessels to


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Document Created: 2015-12-24 02:25:30
Document Modified: 2015-12-24 02:25:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of a revised incidental harassment authorization.
DatesThe authorization is still effective January 31, 2015, through January 30, 2016.
ContactJeannine Cody, NMFS, Office of Protected Resources, NMFS (301) 427-8401.
FR Citation80 FR 80321 
RIN Number0648-XD66

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