81 FR 19137 - Takes of Marine Mammals Incidental to Specified Activities; Sand Quality Study Activities at the Children's Pool Beach, La Jolla, California
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration Federal Register Volume 81, Issue 64 (April 4, 2016)
National Oceanic and Atmospheric Administration
Federal Register Volume 81, Issue 64 (April 4, 2016)
| Page Range | 19137-19152 | |
| FR Document | 2016-07623 |
[Federal Register Volume 81, Number 64 (Monday, April 4, 2016)] [Notices] [Pages 19137-19152] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-07623] ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration RIN 0648-XE460 Takes of Marine Mammals Incidental to Specified Activities; Sand Quality Study Activities at the Children's Pool Beach, La Jolla, California AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; proposed Incidental Harassment Authorization (IHA); request for comments. ----------------------------------------------------------------------- SUMMARY: NMFS has received an application from the City of San Diego for an IHA to take small numbers of marine mammals, by Level B harassment, incidental to the conduct of sand quality study activities at the Children's Pool Beach in La Jolla, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the City of San Diego to take, by Level B harassment only, three species of marine mammals during the specified activities. DATES: Comments and information must be received no later than May 4, 2016. ADDRESSES: Comments on the IHA application should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. The mailbox address for providing email comments is [email protected]. NMFS is not responsible for email comments sent to addresses other than the one provided here. Comments sent via email, including all attachments, must not exceed a 25- megabyte size. All comments received are a part of the public record and will generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental/ without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. An electronic copy of the IHA application containing a list of the references used in this document may be obtained by visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental/. In case of problems accessing these documents, please call the contact listed below. Documents cited in this notice, including the IHA application, may also be viewed, by appointment, during regular business hours, at the aforementioned address. FOR FURTHER INFORMATION CONTACT: Dale Youngkin, Office of Protected Resources, NMFS, 301-427-8401. SUPPLEMENTARY INFORMATION: Background Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.), direct the Secretary of Commerce (Secretary) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals, by United States citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are issued or, if the taking is limited to harassment, a notice of a proposed authorization is provided to the public for review. [[Page 19138]] Authorization for the incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s), will not have an unmitigable adverse impact on the availability of the species or stock(s) for subsistence uses (where relevant), and if the permissible methods of taking and requirements pertaining to the mitigation, monitoring, and reporting of such takings are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . an impact resulting from the specified activity that cannot be reasonably expected to, and is not reasonably likely to, adversely affect the species or stock through effects on annual rates of recruitment or survival.'' Section 101(a)(5)(D) of the MMPA established an expedited process by which citizens of the United States can apply for an authorization to incidentally take small numbers of marine mammals by harassment. Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for NMFS's review of an application followed by a 30-day public notice and comment period on any proposed authorizations for the incidental harassment of small numbers of marine mammals. Within 45 days of the close of the public comment period, NMFS must either issue or deny the authorization. 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 December 14, 2015, NMFS received an application from the City of San Diego, Transportation & Storm Water Department, Storm Water Division, requesting an IHA for the taking of marine mammals incidental to the conduct of sand quality study activities. NMFS determined that the IHA application was adequate and complete on February 25, 2016. The City of San Diego would undertake the proposed sand quality sampling activities between June 1, 2016 and December 14, 2016 at the Children's Pool Beach in La Jolla, California. Visual stimuli due to the presence of technicians on the beach and their sand sample collection activities during the study has the potential to result in the take of marine mammals through behavioral disturbance. The requested IHA would authorize the take, by Level B (behavioral) harassment, of small numbers of Pacific harbor seals (Phoca vitulina richardii), California sea lions (Zalophus californianus), and northern elephant seals (Mirounga angustirostris) incidental to sand quality sampling activities of the Children's Pool Beach at La Jolla, CA. Additional information on the sand quality sampling activities at the Children's Pool Beach is contained in the IHA application, which is available electronically (see ADDRESSES). Description of the Proposed Specified Activity Overview The City of San Diego plans to conduct a sand quality study at the Children's Pool Beach in La Jolla, CA in order to fulfill a special condition that was part of a permit issued by the California Coastal Commission (Commission). The special provision required a feasibility study to analyze the sand quality, and methods for improving sand quality, at Children's Pool Beach. Children's Pool Beach is currently listed on the Clean Water Act Section 303(d) list as impaired for Fecal Indicator Bacteria (FIB). Additionally, researchers have identified pinniped molting and excrement as a potential source of mercury to the environment (McHuron, Harvey et al. 2014, Cossaboon, Ganguli et al. 2015). The sand quality study will analyze the current extent and magnitude of FIB and mercury contamination in the beach sand at Children's Pool Beach, and will assess several possible variable effects including tidal cycles, wave regimes, sand depth, and seasonal variability during the effective dates of the IHA. The California Coastal Commission's permit certified the City's request to amend its Land Use Plan. Specifically, the City's amendment included revisions to allow seasonal closure at Children's Pool Beach during the Pacific harbor seal pupping season, generally from December 15 to May 15 of every year. The amendment applies only to Children's Pool Beach, and is intended to allow special protection of the harbor seals at Children's Pool Beach during the vulnerable months of their pupping season. The sand quality sampling activities would involve teams of two to three people collecting sand samples for approximately four hours along transects parallel to the shoreline between the water line and the seawall/bluff railing. Sixteen sampling events are proposed for the sand quality study period between June 1 and December 14, 2016. Sand sample collection would involve grab samples of surface layer sand (surface up to 20 cm of sand to be collected with a sterilized spoon). A small subset of samples per event would be collected from the subsurface via narrow plastic cores (approximately 5 centimeters [cm] by 60 cm) driven into the sand by hand to the extent possible, and then sunk to the desired depth with a small rubber mallet. Approximately 21 samples would be collected per event. Visual stimuli due to the presence of researchers on the beach collecting sand samples would potentially result in behavioral disturbance of pinnipeds hauled out on the beach, which would equate to a take under the MMPA. Proposed Dates and Duration The City of San Diego is planning to begin the project at the Children's Pool in La Jolla, CA after the beach is opened to the public in May, with completion of the sand sampling activities to be completed prior to closure of the beach to the public in December, 2016. The City of San Diego and NMFS are requiring a moratorium on all sand sampling activities during harbor seal pupping and weaning (i.e., December 15th to May 15th). A moratorium on sampling activities would also be required for an additional two weeks prior to initiating the sand collection activities in order to accommodate late-weaning pups. Therefore, work on this project would only be performed between June 1st and December 14th of 2016. Proposed sand sampling activities would occur during daylight hours only, as stipulated in the IHA application. In addition, prior to sand sampling events, the beach would be surveyed for the presence of northern fur seals and/or Guadalupe fur seals. If either of these species are observed hauled out or in the water at Children's Pool Beach, sand sampling would not commence. This precaution is included due to the unusually high number of strandings of fur seals along the entire California coast beginning in January, 2015, which has resulted in the declaration of an Unusual Mortality Event (UME) for Guadalupe fur seal (http://www.nmfs.noaa.gov/pr/health/mmume/guadalupefurseals2015.html). In addition, an UME has been declared, and has been ongoing since 2013, for California sea lion pups and yearling due to elevated strandings of pups in Southern California (http:// www.nmfs.noaa.gov/pr/health/mmume/ [[Page 19139]] californiasealions2013.htm). While there have been relatively high numbers of strandings of Guadalupe fur seals coast-wide in California, the presence of this species in California, and at Children's Pool Beach in particular, would be considered extremely rare due to the fact that they prefer isolated rocky haul out sites (Riedman, 1990). As the presence of fur seals at this location would be such a rare event, it is likely that the animal would be sick or injured if it were to be present. Therefore, sand sampling activities would not be conducted and coordination with the stranding network and/or a period of observation would commence, as described in further detail below. Take of fur seals would not be authorized under this IHA. Proposed Specific Geographic Region The La Jolla Children's Pool Beach is located at 850 Coast Boulevard, La Jolla, CA 92037 (32[deg]50'51.18'' North, 117[deg]16'41.94'' West). All sand quality sampling events will take place at Children's Pool Beach. The locations of the beach and the study area can be found in the City of San Diego's IHA application. Detailed Description of the Proposed Specified Activities The Children's Pool was created in 1931 by building a breakwater wall which created a protected pool for swimming. Although partially filled with sand, the Children's Pool still has open water for swimming and a beach for sunbathing and beachcombing. The Children's Pool and nearby shore areas (i.e., shoreline, beaches, and reefs of La Jolla) are used by swimmers, sunbathers, SCUBA divers and snorkelers, shore/ surf fishermen, school classes, tide pool explorers, kayakers, surfers, boogie and skim boarders, seal, sea lion, bird and nature watchers, and for other activities by the general public. As such, Children's Pool Beach is a highly disturbed urban environment, and seals have been documented to respond less sensitively to stimuli compared to seals at other sites (Hanan, 2004, Hanan & Associates 2011; Hanan and Hanan 2014; Hahn 2010). Per Dr. Doyle Hanan, who has a long history of work with seals at this location, harbor seals hauled out at Children's Pool Beach generally are habituated to the environment, and allow approaches of up to two to three meters before showing signs of disturbance. All sand sampling activities will take place on the sandy beach area. Samples will be collected along transects parallel to the shoreline between the water's edge and the bluff/railing, while ensuring a distance of at least three meters (m) from any pinnipeds on the beach. Samples would consist of grab samples from the surface, with a subset of samples collected approximately 25 to 50 cm below the sand surface by using a hollow tube (approximately 5 cm by 60 cm) driven into the sand by hand and/or with a small rubber mallet with minimal digging. All sand sampling events will be conducted during daylight hours, and each sampling event would be approximately four hours in duration. Sampling events will be scheduled to the maximum extent practicable to occur during the daily period of lowest haul out occurrence (generally 8:30 a.m.-3:30 p.m.). Because the City of San Diego already closes the Children's Pool Beach during harbor seal pupping season (December 15 through May 15), work on this project will be performed between June 1 and December 14, 2016, and up to 16 sampling events would be conducted during this timeframe. The first six sand sampling events are planned to occur soon after June 1, 2016. The first three sampling events (Phase 1a) are designed to maximize sampling area and to capture critical conditions when FIB may be at their highest concentrations. During each Phase 1a event, three transects parallel to the shoreline at the swash zone, the high-tide line, and the supralittoral zone will be established relative to the seawall railing and three surface sand (SS) FIB samples (top 2 centimeters) will be collected across each of the transects at approximately left, middle, and right beach. In addition, subsurface sand (SbS) FIB samples will also be collected at three of the nine SS sampling location during each event at approximately 25-50 centimeters below the surface. A maximum of 21 FIB samples, including field replicates, will be collected for each Phase 1a monitoring event, for an approximate maximum Phase 1a total of 63 FIB samples. The remaining three sampling events (Phase 1b) will consist of biased sampling based on Phase 1a preliminary findings. The study design for Phase 1b will be finalized in consultation with the City. A maximum of 21 FIB samples, including field replicates, will be collected for each Phase 1b monitoring event, for an approximate maximum Phase 1b total of 63 FIB samples. These early test results can then be compared with additional test results from up to 10 additional sampling events that could be collected during the warmer, high-public- use summer and fall months. Description of Marine Mammals in the Specified Geographic Area of the Proposed Specified Activity Information on marine mammal species for which take would be authorized is included below. Further information on the biology and local distribution of these marine mammal species and others in the region can be found in the NMFS Marine Mammal Stock Assessment Reports, which are available online at: http://www.nmfs.noaa.gov/pr/sars/. Three species of pinnipeds are known to occur in the Children's Pool proposed action area and off the Pacific coastline (see Table 1 below). Pacific harbor seals are the most common species likely to be found within the immediate vicinity of the activity area. California sea lions and northern elephant seals may also be found within the immediate vicinity of the activity area, but are more rare occurrences than harbor seals. Northern fur seals and Guadalupe fur seals are even more rarely observed at this location (Northern and Guadalupe fur seals have been seen observed at nearby beaches on rare occasions, and a northern fur seal was observed hauled out at La Jolla Cove, which is less than a mile from Children's Pool, per a personal communication with Dr. Hanan [February 4, 2016], a scientist with extensive knowledge of the area and the species occurring there). Fur seals are not known to haul out in such urban mainland beaches, and their presence would likely be attributed to sickness or injury if they were observed in this location. Therefore, only three species are considered to be potentially exposed to effects of the proposed sand sampling activities, as sand sampling activities would not be conducted if fur seals were present and coordination with the stranding network would commence. A variety of other marine mammal species have on occasion been reported in the coastal waters off southern California. However, none of these species have been reported to occur in the immediate proposed action area of the Children's Pool Beach. Therefore, NMFS does not expect, and does not propose to authorize, incidental take of marine mammal species other than Pacific harbor seals, California sea lions, and northern elephant seals from the proposed specified activities. Table 1 below provides information on these marine mammal species, their habitat, and conservation status in the nearshore area of the general region of the proposed project area. [[Page 19140]] Table 1--The Habitat, Abundance, and Conservation Status of Pacific Harbor Seals, California Sea Lions, and Northern Elephant Seals -------------------------------------------------------------------------------------------------------------------------------------------------------- Best population Species Habitat Occurrence Range estimate (minimum) ESA \2\ MMPA \3\ \1\ -------------------------------------------------------------------------------------------------------------------------------------------------------- Pacific harbor seal (Phoca Coastal........... Common Coastal temperate to 30,968 (27,348)-- NL NC. vitulina richardii). polar regions in California stock. Northern Hemisphere. Northern elephant seal (Mirounga Coastal, pelagic Common Eastern and Central 179,000 (81,368)-- NL NC. angustirostris). when not North Pacific-- California breeding migrating. Alaska to Mexico. stock. California sea lion (Zalophus Coastal, shelf.... Common Eastern North Pacific 296,750 (153,337)-- NL NC. californianus). Ocean--Alaska to U.S. stock. Mexico. -------------------------------------------------------------------------------------------------------------------------------------------------------- NA = Not available or not assessed. \1\ NMFS Marine Mammal Stock Assessment Reports. \2\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, and NL = Not listed. \3\ U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, and NC = Not classified. Pacific Harbor Seal Harbor seals are widely distributed in the North Atlantic and North Pacific. Two subspecies exist in the Pacific Ocean: P. v. stejnegeri in the western North Pacific near Japan, and P. v. richardii in the eastern North Pacific. The subspecies in the eastern North Pacific Ocean inhabits near-shore coastal and estuarine areas from Baja California, Mexico, to the Pribilof Islands in Alaska. These seals do not make extensive pelagic migrations, but do travel 300 to 500 kilometers (km) (162 to 270 nautical miles [nmi]) on occasion to find food or suitable breeding areas; (Herder 1986, Harvey and Goley 2011). Previous assessments of the status of harbor seals have recognized three stocks along the west coast of the continental U.S.: (1) California, (2) Oregon and Washington outer coast waters, and (3) inland waters of Washington. An unknown number of harbor seals also occur along the west coast of Baja California, at least as far south as Isla Asuncion, which is about 100 miles south of Punta Eugenia. Animals along Baja California are not considered to be a part of the California stock because it is not known if there is any demographically significant movement of harbor seals between California and Mexico and there is no international agreement for joint management of harbor seals. Harbor seal presence at haul-out sites is seasonal with peaks in abundance during their pupping and molting periods. Pupping and molting periods are first observed to the south and progress northward up the coast with time (e.g., January to May near San Diego, April to June in Oregon and Washington) (Jeffries 1984, Huber, Jeffries et al. 2001); Hanan, 2004; Hanan & Associates, 2011). In California, approximately 400 to 600 harbor seal haul-out sites are distributed along the mainland coast and on offshore islands, including intertidal sandbars and ledges, rocky shores and islets, and beaches (Harvey et al., 1995; Hanan, 1996; Lowry et al., 2008). Preferred haul-out sites are those that are protected from the wind and waves, and allow access to deep water for foraging (Perrin, W[uuml]rsig et al. 2008). Of the known haul-out sites, 14 locations are rookeries (2 locations have multiple sites, for a total of 17 sites) on or near the mainland of California. The population of harbor seals has grown off the U.S. west coast and has led to new haul-out sites being used in California (Hanan, 1996). Harbor seals are one of the most common and frequently observed marine mammals along the coastal environment. The Children's Pool area is the only rookery in San Diego County and the only mainland rookery on the U.S. west coast between the border of Mexico and Point Mugu in Ventura County, CA (321.9 km [200 miles]). The number of harbor seals in this area has increased since 1979, and they have been documented giving birth at the Children's Pool since the 1990's (Yochem and Stewart, 1998; Hanan & Associates, 2004). Pacific harbor seals haul-out year-round on beaches and rocks (i.e., breakwater ledge/rocks haul-out area, reef haul-out area, and Casa Beach haul-out area) below the lifeguard tower at Children's Pool. According to Yochem (2005), the Children's Pool beach site is used by harbor seals at all hours of the day and at all tides with the exception of occasional high tide/high swell events in which the entire beach is awash. Harbor seals are documented to give birth on these beaches during December through May (Hanan, 2004; Hanan & Associates, 2011). The official start to pupping season is December 15 at Children's Pool Beach. Females in an advanced stage of pregnancy begin to show up on the Children's Pool beach by late October to early November. Several studies have identified harbor seal behavior and estimated harbor seal numbers including patterns of daily and seasonal area use (Yochem and Stewart, 1998; Hanan & Associates, 2011; Linder, 2011). Males, females, and pups (in season) of all ages and stages of development are observed at the Children's Pool and adjacent areas. Children's Pool is one of the three known haul-out sites for this species in San Diego County. These animals have been observed in this area moving to/from the Children's Pool, exchanging with the rocky reef directly west of and adjacent to the breakwater and with Seal Rock, which is about 150 m (492 ft) west of the Children's Pool. Harbor seals have also been reported on the sandy beach just southwest of the Children's Pool. At low tide, additional space for hauling-out is available on the rocky reef areas outside the retaining wall and on beaches immediately southward. Haul-out times vary by time of year, from less than an hour to many hours. There have been no foraging studies at this site, but harbor seals have been observed in nearshore waters and kelp beds nearby, including La Jolla Cove. In southern California, a considerable amount of information is known about the movements and ecology of harbor seals, but population structure in the region is not as well known (Stewart and Yochem, 1994, 2000; Keper et al., 2005; Hanan & Associates, 2011). Linder (2011) suggests that this population moves along the California coast and the beach at Children's Pool is part of a ``regional network of interconnected'' haul-out and pupping sites. Harbor seals often haul- out in protected bays, inlets, and beaches (Reeves et al., 1992). At and near the Children's Pool, harbor seals [[Page 19141]] haul-out on the sand, rocks, and breakwater base in numbers of 0 to 15 harbor seals to a maximum of about 150 to 250 harbor seals depending on the time of day, season, and weather conditions (Hanan, 2004, Hanan & Associates, 2011; Linder, 2011). Because space is limited behind the breakwater at the Children's Pool, Linder (2011) predicted that it is unlikely that numbers will exceed 250 harbor seals. Based on monitoring from a camera, Western Alliance for Nature (WAN) reported that during the month of May 2013 up to 302 harbor seals were documented resting on the Children's Pool beach at any given time, with additional harbor seals on the rocks and in the water (Wan, personal communication). Almost every day, except for weekends, over 250 individual harbor seals were present on the beach. During the months of September 2012 to January 2013, the average number of harbor seals on the beach varied from 83 to 120 animals before people entered the beach or when people were behind the rope. During this same period, when people were on the beach and/or across the rope, the average number of harbor seals varied from 7 to 27. The City of San Diego observed 12 counts totaling more than 200 and a maximum of 238 animals during the 2014 to 2015 construction window. The weather (i.e., wind and/or rain) and the proximity of humans to the beach likely affect the presence of harbor seals on the beach. Radio-tagging and photographic studies have revealed that only a portion of seals utilizing a hauling-out site are present at any specific moment or day (Hanan, 1996, 2005; Gilbert et al., 2005; Harvey and Goley, 2011; and Linder, 2011). These radio-tagging studies indicate that harbor seals in Santa Barbara County haul-out about 70 to 90% of the days annually (Hanan, 1996). The City of San Diego expects harbor seals to behave similarly at the Children's Pool. Tagged and branded harbor seals from other haul-out sites have been observed by Dr. Hanan at the Children's Pool. For example, harbor seals with red- stained heads and coats, which are typical of some harbor seals in San Francisco Bay have been observed at Children's Pool, indicating that seals tagged at other locations and haul-out sites visit the site. A few seals have been tagged at the Children's Pool and there are no reports of these tagged animals at other sites (probably because of very low re-sighting efforts and a small sample size [10 individuals radio-tagged]), which may indicate a degree of site-fidelity (Yochem and Stewart, 1998). These studies further indicate that seals are constantly moving along the coast including to/from the offshore islands and that there may be as many as 600 individual harbor seals using Children's Pool during a year, but certainly not all at one time. The City of San Diego has fitted a polynomial curve to the number of expected harbor seals hauling-out at the Children's Pool by month (see Figure 2 of the IHA application and Figure 1 below) based on counts at the Children's Pool by Hanan (2004), Hanan & Associates (2011), Yochem and Stewart (1998), and the Children's Pool docents (Hanan, 2004). [[Page 19142]] [GRAPHIC] [TIFF OMITTED] TN04AP16.001 A complete count of all harbor seals in California is impossible because some are always away from the haul-out sites. A complete pup count (as is done for other pinnipeds in California) is also not possible because harbor seals are precocial, with pups entering the water almost immediately after birth. Population size is estimated by counting the number of seals ashore during the peak haul-out period (May to July) and by multiplying this count by a correction factor equal to the inverse of the estimated fraction of seals on land. Based on the most recent harbor seal counts (2009) and including a revised correction factor, the estimated population of harbor seals in California is 30,196 individuals (NMFS, 2011), with an estimated minimum population of 26,667 for the California stock of harbor seals. Counts of harbor seals in California increased from 1981 to 2004. The harbor seal is not listed under the ESA and the California stock is not considered depleted or strategic under the MMPA (Carretta et al., 2010). California Sea Lion The California sea lion is a separate species from the Galapagos sea lion (Zalophus wollebaeki) and the extinct Japanese sea lion (Zalophus japonicus) (Brunner, 2003; Wolf et al., 2007; Schramm et al., 2009), and is found from southern Mexico to southwestern Canada. The breeding areas of the California sea lion are on islands located in southern California, western Baja California, and the Gulf of California. A genetic analysis of California sea lions identified five genetically distinct geographic populations: (1) Pacific Temperate, (2) Pacific Subtropical, (3) Southern Gulf of California, (4) Central Gulf of California, and (5) Northern Gulf of California (Schramm et al., 2009). In that study, the Pacific Temperate population included rookeries within U.S. waters and the Coronados Islands just south of U.S./Mexico border. Animals from the Pacific Temperate population range north into Canadian waters, and movement of animals between U.S. waters and Baja California waters has been documented, though the distance between the major U.S. and Baja California rookeries is at least 740.8 km (400 nmi). Males from western Baja California rookeries may spend most of the year in the United States. The entire California sea lion population cannot be counted because all age and sex classes are never ashore at the same time. In lieu of counting all sea lions, pups are counted during the breeding season (because this is the only age class that is ashore in its entirety), and the numbers of births is estimated from the pup count. The size of the population is then estimated from the number of births and the proportion of pups in the population. Censuses are conducted in July after all pups have been born. There are no rookeries at or [[Page 19143]] near the Children's Pool, although in the past two years births have been reported at La Jolla Cove (about 0.75 km [0.47 miles] east of Children's Pool). Population estimates for the U.S. stock of California sea lions range from a minimum of 153,337 to an average estimate of 296,750 animals. The California sea lion is not listed under the ESA and the U.S. stock is not considered depleted or strategic under the MMPA. The rocks and beaches at or near the Children's Pool in La Jolla, CA, are almost exclusively Pacific harbor seal hauling-out sites. On infrequent occasions, one or two California sea lions have been observed on the sand or rocks at or near the Children's Pool (i.e., breakwater ledge/rocks haul-out area, reef haul-out area, and Casa Beach haul-out area). These sites are not usual haul-out locations for California sea lions. The City of San Diego commissioned two studies of harbor seal abundance trends at the Children's Pool. Both studies reported that appearances of California sea lions are infrequent, but not rare at Children's Pool (Yochem and Stewart 1998); Hanan, 2004; Hanan & Associates, 2011). During 2013, the City of San Diego observed one juvenile and three adult California sea lions at the Children's Pool. During 2014, the City of San Diego observed 22 California sea lions (during 19 days) at the Children's Pool. Adult sea lions were also observed hauling out on rocks and cliffs near the Children's Pool. A report from 2015 monitoring is still in process at this time. Northern Elephant Seal Northern elephant seals breed and give birth in California (U.S.) and Baja California (Mexico), primarily on offshore islands (Stewart et al., 1994) from December to March (Stewart and Huber, 1993). Spatial segregation in foraging areas between males and females is evident from satellite tag data (Le Beouf et al., 2000). Males migrate to the Gulf of Alaska and western Aleutian Islands along the continental shelf to feed on benthic prey, while females migrate to pelagic areas in the Gulf of Alaska and the central North Pacific to feed on pelagic prey (Le Beouf et al., 2000). Adults return to land between March and August to molt, with males returning later than females. Adults return to their feeding areas again between their spring/summer molting and their winter breeding seasons. Populations of northern elephant seals in the U.S. and Mexico have recovered after being nearly hunted to extinction (Stewart et al., 1994). Northern elephant seals underwent a severe population bottleneck and loss of genetic diversity when the population was reduced to an estimated 10 to 30 individuals (Hoelzel et al., 2002). However, movement and genetic exchange continues between rookeries when they start breeding (Huber et al., 1991). The California breeding population is now demographically isolated from the Baja California population. The California breeding population is considered in NMFS's stock assessment report to be a separate stock. A complete population count of elephant seals is not possible because all age classes are not ashore simultaneously. Elephant seal population size is typically estimated by counting the number of pups produced and multiplying by the inverse of the expected ratio of pups to total animals (McCann, 1985). Based on counts of elephant seals at U.S. rookeries in 2010, Lowry et al. (2014) reported that 40,684 pups were born. Lowry et al. (2014) applied a multiplier of 4.4 to extrapolate from total pup counts to a population estimate of approximately 179,000 elephant seals. This multiplier is derived from life tables based on published elephant seal fecundity and survival rates, and reflects a population with approximately 23% pups (Cooper and Stewart, 1983; Le Boeuf and Reiter, 1988; Hindell 1991; Huber et al., 1991; Reiter and Le Boeuf, 1991; Clinton and Le Boeuf, 1993; Le Boeuf et al., 1994; Pistorius and Bester, 2002; McMahon et al., 2003; Pistorius et al., 2004; Condit et al., 2014). The minimum population size for northern elephant seals in 2010 can be estimated very conservatively as 81,368, which is equal to twice the observed pup count (to account for the pups and their mothers). The population is reported to have grown at 3.8% annually since 1988 (Lowry et al., 2014). Northern elephant seals are not listed under the ESA and are not considered as depleted or a strategic stock under the MMPA. The rocks and beaches at or near the Children's Pool in La Jolla, CA, are almost exclusively Pacific harbor seal hauling-out sites. On infrequent occasions, juvenile northern elephant seal have been observed on the sand or rocks at or near the Children's Pool (i.e., breakwater ledge/rocks haul-out area, reef haul-out area, and Casa Beach haul-out area). These sites are not usual haul-out locations for northern elephant seals. The City of San Diego commissioned two studies of harbor seal abundance trends at the Children's Pool. Both studies reported that appearances of northern elephant seals are infrequent, but not rare at Children's Pool (Yochem and Stewart 1998); Hanan, 2004; Hanan & Associates, 2011). During 2013, the City of San Diego observed two juvenile northern elephant seals at the Children's Pool. During 2014, the City of San Diego observed 30 juvenile elephant seals (during 29 days) at the Children's Pool. A report from 2015 monitoring is still in process at this time. Potential Effects of the Proposed Specified Activity on Marine Mammals A significant body of monitoring data exists for pinnipeds at Children's Pool. In addition, pinnipeds have co-existed with heavy public use at this location, and are likely habituated to human presence and activity. Nevertheless, the City of San Diego's sand sampling activities have the potential to disturb pinnipeds present on the beach. Past monitoring at this location has revealed that some or all of the seals present may move or flush from the beach in response to the presence of humans or their pets as well as crew and equipment associated with construction, though some may remain hauled-out. No stampeding of seals--a potentially dangerous occurrence in which large numbers of animals succumb to mass panic and rush away from a stimulus--has been documented. While it is likely impossible to conduct the proposed sand sampling activities without provoking some response in hauled-out animals, precautionary mitigation measures, described later in this document, help ensure that this type of disturbance would be minimized. Under these conditions, it is anticipated that seals would exhibit a continuum of responses, beginning with alert movements (e.g., raising the head), which may then escalate to movement away from the stimulus and possible flushing into the water. Flushed seals typically re-occupy the haul-out within minutes to hours of the stimulus. In the absence of appropriate mitigation measures, it is possible that pinnipeds could be subject to injury, serious injury, or mortality, likely through abandonment of pups. However, based on a significant body of site-specific data, harbor seals are unlikely to sustain any harassment that may be considered biologically significant. Individual animals would, at most, flush into the water in response to the sand sampling activities, but may also simply become alert or move across the beach away from the sand sampling crew. California sea lions and northern elephant seals have been observed as less sensitive to stimulus than harbor seals during monitoring at numerous [[Page 19144]] other sites. For example, monitoring of pinniped disturbance as a result of abalone research in the Channel Islands showed that while harbor seals flushed at a rate of 69 percent, California sea lions flushed at a rate of only 21 percent. The rate for elephant seals declined to 0.1 percent (VanBlaricom, 2010). In the event that either of these species is present during management activities, they would be expected to display a minimal reaction to maintenance activities, and it is expected that reaction would be less than that expected of harbor seals. Children's Pool is a rookery for harbor seals, so we have evaluated the potential for injury, serious injury, or mortality to pups. Pup injury or mortality would be most likely to occur in the event of extended separation of a mother and pup, or trampling in a stampede. As discussed previously, no stampedes have been recorded at Children's Pool. Any California sea lions or northern elephant seals present would be independent juveniles or adults; therefore, analysis of impacts on pups is not relevant for those species. The period of mother-pup bonding, a critical time needed to ensure pup survival and maximize pup health, is not expected to be impacted by the sand sampling activities. Harbor seal pups are extremely precocious, swimming and diving immediately after birth and throughout the lactation period, unlike most other phocids which normally enter the sea only after weaning (Lawson and Renouf, 1985; Cottrell et al., 2002; Burns et al., 2005). Lawson and Renouf (1987) investigated harbor seal mother-pup bonding in response to natural and anthropogenic disturbance. In summary, they found that the most critical bonding time is within minutes after birth. As described previously, the peak of pupping season is typically concluded by mid-May, and the beach is closed to the public until that time. An additional two week period was added to that time before sand sampling activities could begin (to begin June 1) in order to account for any potentially late-weaning pups. As such, it is expected that mother-pup bonding would likely be concluded as well. In addition, mitigation measures described later in this document further reduce the likelihood of any impacts to pups, whether through injury or mortality or interruption of mother-pup bonding (which may lead to abandonment). In summary, and based on extensive monitoring data, we believe that impacts to hauled-out pinnipeds during estuary management activities would be behavioral harassment of limited duration (i.e., less than one day) and limited intensity (i.e., temporary flushing at most). Stampeding, and therefore injury or mortality associated with stampeding, is not expected. Further, the continued use of the haul-out despite decades of public use at this site indicates that abandonment of the haul-out is unlikely. Anticipated Effects on Marine Mammal Habitat Harbor seals have been observed hauling-out and documented giving birth at the Children's Pool since the 1990's (Yochem and Stewart, 1998; Hanan & Associates, 2004). It is one of the three known haul-out sites for this species in San Diego County and is the only rookery in San Diego County and the only mainland rookery on the U.S. west coast between the border of Mexico and Point Mugu in Ventura County, CA. In addition to Pacific harbor seals, California sea lions and northern elephant seals have also been observed at Children's Pool Beach occasionally (Yochem and Stewart 1998; Hanan 2004; Hanan & Associates 2014). More information on this population of Pacific harbor seals can be found in the ``Description of Marine Mammals in the Specified Geographic Area of the Proposed Specified Activity.'' The primary anticipated adverse impact upon habitat consists of the removal of sand from the beach. This change is minor, temporary, and limited in duration to the period of the sand sampling activities. All sand sampling activities will take place on the sand beach area normally occupied by hauled out seals. Although sand will be collected from the beach, the total volume removed over the course of the study is estimated to be less than one cubic foot. Additionally, a subset of samples will be collected approximately 25 to 50 centimeters (cm) below the sand surface. Because of the mechanism of collection (use of a hollow plastic tube and rubber mallet with minimal digging), only transient sand displacement is anticipated. Therefore, we do not anticipate impacts to habitat. The area of habitat affected is small and the effects are localized and temporary; thus there is no reason to expect any significant reduction in habitat available for other habitat uses. No aspect of the project is anticipated to have any permanent effect on the location or use of pinniped haul-outs or related habitat features in the area. Further, the site is already very disturbed by members of the public who come to the area during the day and night to view the pinnipeds. The City of San Diego and NMFS do not project any loss or modification of physical habitat for these species. Any potential temporary loss or modification of habitat due to the presence of the sand sampling technicians and their activities during the proposed sand quality study is expected by the City of San Diego and NMFS to be quickly restored after the sand sampling activities end. For these reasons, NMFS anticipates that the proposed action would result in no impacts to marine mammal habitat beyond rendering the areas of Children's Pool Beach immediately around the sand sampling activities less desirable. These sampling activities would be temporary and would occur relatively infrequently, as they are anticipated to occur up to 16 times over the months of May to December for approximately four hours at a time. Thus, any impacts to marine mammal habitat are not expected to cause significant or long-term consequences for individual marine mammals or their populations. Proposed Mitigation In order to issue an Incidental Take Authorization (ITA) under section 101(a)(5)(D) of the MMPA, NMFS must prescribe, where applicable, the permissible methods of taking pursuant to such activity, and other means of effecting the least practicable 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). The City of San Diego has established the Children's Pool as a shared beach for pinnipeds and people except during pupping season, when the beach has been closed to the public in order to protect the seals. In the past, during the pupping season, a rope was placed along the upper part of the beach with signage to inform and designate how close people can come to the haul-out area and the pinnipeds. The timeframe for the rope has been extended so that it is now present year-round. The activities proposed by the applicant include a variety of measures to minimize potential impacts on marine mammals, including: Prohibition of Sand Sampling During Pupping Season Sand sampling activities shall be prohibited during the Pacific harbor seal pupping season (December 15th to May 15th), and for an additional two weeks thereafter to accommodate lactation and weaning of late season pups. Thus, sand quality study activities shall be prohibited until June 1, 2016 and would [[Page 19145]] be required to end before December 15, 2016. Limiting Activity to Daylight Hours Sand sampling activities shall be conducted during daylight hours only. As Protected Species Observers (PSOs) will be required to monitor the sand sampling activities (see discussion below), conducting the sampling events during daylight hours with adequate visibility will allow observers to adequately observe and record activities. Daily Sand Sampling Timing Sand sampling activities shall be scheduled, to the maximum extent practicable, during the daily period of lowest haul-out occurrence, from approximately 8:30 a.m. to 3:30 p.m., as harbor seals typically have the highest daily or hourly haul-out period during the afternoon from 3 p.m. to 6 p.m. However, sand sampling activities may be extended from 7 a.m. to 7 p.m. to help assure that the project can be completed at a time with low numbers of seals hauled out. Avoidance/Minimization of Interaction with Pinnipeds As stated above, per Dr. Doyle Hanan, ongoing observations of harbor seals at Children's Pool have indicated a habituation to the presence of people and therefore, generally show signs of disturbance when people are very close to them on the beach (generally less than two to three meters). Sand sampling activities will be conducted such that humans remain at least three meters from hauled out pinnipeds at all times. While the study calls for taking samples along transects, there is enough flexibility to allow for variation from the transect line to collect samples and still allow for minimizing approach to pinnipeds on the beach. Therefore, hauled out pinnipeds will be minimized or avoided, and efforts will be made to avoid disturbing/ alerting/flushing them. Protected Species Observers Trained PSOs would be used to detect, document, and minimize impacts to marine mammals. More information about this measure is contained in the ``Proposed Monitoring'' section (below). Proposed Mitigation Conclusions NMFS has carefully evaluated the applicant's mitigation measures and considered a range of other measures in the context of ensuring that NMFS prescribes the means of effecting the least practicable impact on the affected marine mammal species and stocks and their habitat. NMFS's 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, including consideration of personnel safety, practicality of implementation, and impact on the effectiveness of the activity. 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 below: (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 visual or auditory stimuli associated with the proposed sand quality study, or other activities expected 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 would be exposed to visual or auditory stimuli associated with the proposed sand quality study, or other activities expected 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 visual or auditory stimuli associated with the proposed sand quality study, or other activities expected 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 of 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 NMFS's evaluation of the applicant's proposed measures, as well as other measures considered by NMFS, NMFS has preliminarily 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. Proposed Monitoring and Reporting In order to issue an ITA for an activity, section 101(a)(5)(D) of the MMPA states that NMFS must, where applicable, set forth ``requirements pertaining to the monitoring and reporting of such taking.'' The MMPA implementing regulations at 50 CFR 216.104 (a)(13) require that requests for ITAs 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 are expected to be present in the proposed action area. Monitoring measures prescribed by NMFS should accomplish one or more of the following general goals: (1) An increase in the probability of detecting marine mammals, both within the mitigation zone (thus allowing for more effective implementation of the mitigation) and in general to generate more data to contribute to the analyses mentioned below; (2) An increase in our understanding of how many marine mammals are likely to be exposed to visual or auditory stimuli associated with the proposed sand quality study that we associate with specific adverse effects, such as behavioral harassment; (3) An increase in our understanding of how marine mammals respond to stimuli expected to result in take and how anticipated adverse effects on individuals (in different ways and to varying degrees) may impact the population, species, or stock (specifically through effects on annual rates of recruitment or survival) through any of the following methods: Behavioral observations in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict distance from source, and other pertinent information); [[Page 19146]] Physiological measurements in the presence of stimuli compared to observations in the absence of stimuli (need to be able to accurately predict distance from the source, and other pertinent information); Distribution and/or abundance comparisons in times or areas with concentrated stimuli versus times or areas without stimuli; (4) An increased knowledge of the affected species; (5) An increase in our understanding of the effectiveness of certain mitigation and monitoring measures; and (6) An increase in our level of knowledge regarding the overall health of the monitored species, particularly in light of recent local UMEs and observations of malnutrition increases in the area. Proposed Monitoring The City of San Diego has developed a monitoring plan based on discussions between the City of San Diego and NMFS, as well as review of past IHAs granted to the City of San Diego. The plan is also included as an Appendix to our draft Environmental Assessment (EA) for issuance of the IHA for the sand quality study activities (see National Environmental Policy Act section below), which is available for public review along with the draft EA. The monitoring plan involves PSOs surveying and conducting hourly visual counts beginning prior to sand sampling activities (beginning at least 30 minutes prior to sampling activities), monitoring during sampling activities, and post-sand sampling monitoring (continuing for at least 30 minutes after sand sampling activities have ended). During each sample collection event, the PSO will conduct continuous monitoring from a vantage point along the seawall (weather permitting) or along the bluff above the beach, such that the full study area is in view. During the proposed sand sampling activities, monitoring shall assess behavior and potential behavioral responses to noise and visual stimuli due to the proposed activities. As noted above, if northern fur seals or Guadalupe fur seals are observed prior to commencement of activities, the activities will not occur and coordination with the stranding network will be initiated. Counts will be performed by species for three zones: Pinnipeds hauled out on the sandy beach area, pinnipeds observed in the water within approximately 30 meters of the beach, and pinnipeds hauled out on the reef/rocks just off the beach (including Seal Rock). Total counts, counts of juveniles (yearlings and pups), and counts of males/ females (when possible) will be recorded. In addition to counts, continuous behavioral monitoring will be conducted for the duration of the sampling event to document any behavioral responses to visual (or other) stimuli, as noted in Table 2 below. When responses are observed, the type of take (i.e., alert and flush, movement of more than one meter, or change in direction of movement) and the assumed cause (whether related to sample collection activities or not) will be noted by species. Photographs and/or video will be taken to document these responses. Table 2--Seal Response to Disturbance ------------------------------------------------------------------------ Level Type of response Definition ------------------------------------------------------------------------ 1................ Alert............. Seal head orientation or brief movement in response to disturbance, which may include turning head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animal's body length. Alerts would be recorded, but not counted as a `take'. 2................ Movement.......... Movements away from the source of disturbance, ranging from short withdrawals at least twice the animal's body length to longer retreats over the beach including changing direction of travel, or movement along the beach from a resting position. These movements would be recorded and counted as a `take'. 3................ Flush............. All retreats (flushes) to the water. Flushing into the water would be recorded and counted as a `take'. ------------------------------------------------------------------------ Additional parameters will be recorded during the first and last count of each sampling event including Beaufort sea state; atmospheric conditions; cloud cover; visibility conditions; air and water temperature; tide height; and number of public visitors present by location at Children's Pool. Field observations will be documented on Field Monitoring Forms, and all observations and associated data, including daily monitoring reports, would be maintained on City of San Diego computers. A report summarizing mitigation and monitoring for the duration of the Children's Pool Beach sand quality study will be prepared and submitted by the City of San Diego to NMFS following completion of sand sampling activities for the 2016 sampling season. The following marine mammal monitoring and reporting shall be performed for the proposed action: (1) The PSO shall be selected prior to sand sampling activities. (2) The NMFS-approved PSO shall attend the project site prior to, during, and after sand sampling activities cease each day that the sand sampling activities occur. (3) The PSO shall search for marine mammals within the Children's Pool area. (4) The PSO shall be present during sand sampling activities to observe for the presence of marine mammals in the vicinity of the specified activity. All such activity would occur during daylight hours (i.e., 30 minutes after sunrise and 30 minutes before sunset). If inclement weather limits visibility within the area of effect, the PSO would perform visual scans to the extent conditions allow. (5) If marine mammals are sighted by the PSO, the PSO shall record the number of marine mammals and the duration of their presence while the sand sampling activity is occurring. The PSO would also note whether the marine mammals appeared to respond to the noise/visual stimuli and, if so, the nature of that response. The PSO shall record the following information: Date and time of initial sighting, tidal stage, weather conditions, Beaufort sea state, species, behavior (activity, group cohesiveness, direction and speed of travel, etc.), number, group composition, distance between sampling personnel and pinniped(s), number of animals impacted, sampling activities occurring at time of sighting (walking, taking surface sample, or pounding core sampler), and monitoring and mitigation measures implemented (or not implemented). The observations would be reported to NMFS. [[Page 19147]] (6) To avoid takes of Guadalupe fur seals, if fur seals are observed to be hauled out on the beach, or in the water/rocks at the Children's Pool Beach prior to the initiation of sand collection activities, sand sampling activities will not commence. PSOs will alert the stranding network, as the occurrence of these species would typically indicate a sick/injured animal. Recommendations of the stranding coordinator will be followed, which may include a 24-hour or 48-hour waiting and observation period, and sand sampling would not commence until the animal(s) either vacated the area on its own, or was collected by the stranding network (7) A final report would be submitted summarizing all effects from sand sampling activities and marine mammal monitoring during the time of the authorization. A written log of dates and times of monitoring activity will be kept. The log shall report the following information: Time of observer arrival on site; Time of the commencement of sand sampling activities; Distances to all marine mammals relative to the stimuli; For harbor seal, northern elephant seal, and California sea lion observations, notes on behavior during sand sampling activity, as described above, and on the number and distribution observed in the project vicinity; For observations of all marine mammals other than harbor seals, northern elephant seals, and California sea lions, the time and duration of each animal's presence in the project vicinity; the number of animals observed; the behavior of each animal, including any response to sand sampling activities; Time of the cessation of sand sampling activities; and Time of observer departure from site. All monitoring data collected during sand sampling events would be included in the biological monitoring notes to be submitted. A final report summarizing the sand sampling monitoring and any general trends observed would also be submitted to NMFS within 90 days after monitoring has ended during the period of the sand quality study or 45 days prior to the date by which any subsequent IHA is requested by the City of San Diego, whichever comes first. Proposed Reporting A draft final report must be submitted to NMFS within 90 days after the conclusion of the final sand sampling activities of the Children's Pool Beach. The report would include a summary of the information gathered pursuant to the monitoring requirements set forth in the IHA, including dates and times of operations and all marine mammal sightings (dates, times, locations, species, behavioral observations [activity, group cohesiveness, direction and speed of travel, etc.], tidal stage, weather conditions, Beaufort sea state and wind force, associated sand sampling activities). A final report must be submitted within 30 days after receiving comments from NMFS on the draft final report. If no comments are received from NMFS, the draft final report would be considered to be the final report. While the IHA does not authorize injury (i.e., Level A harassment), serious injury, or mortality, should the applicant, contractor, monitor or any other individual associated with the sand quality study observe an injured or dead marine mammal, the incident (regardless of cause) will immediately be reported to NMFS stranding coordinator. The report should include species or description of animal, condition of animal, location, time first found, observed behaviors (if alive) and photo or video, if available. In the unanticipated event that the City of San Diego discovers a live stranded marine mammal (sick and/or injured, or if any fur seals are observed) at Children's Pool, they shall immediately contact Sea World's stranded animal hotline at 1-800-541-7235. Sea World shall also be notified if a dead stranded pinniped is found so that a necropsy can be performed. In all cases, NMFS stranding coordinator shall be notified as well, but for immediate response purposes, Sea World shall be contacted first. Reporting Prohibited Take--In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this IHA, such as an injury (Level A harassment), serious injury, or mortality, the City of San Diego shall immediately cease the specified activities and immediately report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator. The report must include the following information: Time, date, and location (latitude/longitude) of the incident; The type of activity involved; Description of the circumstances during and leading up to the incident; Water depth; environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); Description of marine mammal observations in the 24 hours preceding the incident; species identification or description of the animal(s) involved; The fate of the animal(s); and photographs or video footage of the animal (if equipment is available). Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS shall work with the City of San Diego to determine the action necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The City of San Diego may not resume its activities until notified by NMFS via letter, email, or telephone. Reporting an Injured or Dead Marine Mammal with an Unknown Cause of Death--In the event that the City of San Diego discovers an injured or dead marine mammal, and the lead PSO 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 described in the next paragraph), the City of San Diego would immediately report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS, and the West Coast Regional Stranding Coordinator. The report must include the same information identified above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS would work with the City of San Diego to determine whether modification of the activities is appropriate. Reporting an Injured or Dead Marine Mammal Not Related to the Activities--In the event that the City of San Diego discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the City of San Diego shall report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS , and the West Coast Regional Stranding Coordinator within 24 hours of the discovery. The City of San Diego shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Activities may continue while NMFS reviews the circumstances of the incident. [[Page 19148]] Monitoring Results From Previously Authorized Activities 2013 to 2014 Hanan & Associates, Inc., on behalf of the City of San Diego, conducted marine mammal and in-air sound monitoring at six locations during demolition and construction activities at the Children's Pool Lifeguard Station in La Jolla, California from June 3, 2013 to February 12, 2014. Demolition and construction activities began on July 10, 2013 and were halted for the Pacific harbor seal pupping season (December 15, 2013 to May 30, 2014). During 115 days of visual and acoustic observations, Hanan & Associates counted a total of 61,631 Pacific harbor seals and 26,037 people. During the 2013 demolition and construction activities, Hanan & Associates observed a total of 15,673 takes by Level B harassment (i.e., alerts, movements, and flushes) that could be attributed to demolition and construction activities (5,095 takes), the general public (8,639 takes), and other sources (1,939 takes). As of April 15, 2014, at least 60 harbor seal pups (including 2 still births) have been born at the Children's Pool and there has been no indication of abandonment. In addition to the Pacific harbor seal sightings, PSOs recorded three sightings of California sea lions (1 juvenile, 3 adult), and 2 northern elephant seals (both juveniles) at the Children's Pool. 2014 to 2015 Hanan & Associates, Inc., on behalf of the City of San Diego, conducted marine mammal monitoring at seven locations during demolition and construction activities at the Children's Pool Lifeguard Station in La Jolla, California from August 6, 2014 to March 15, 2015. Construction activities began on August 6, 2014 and were halted for the Pacific harbor seal pupping season (December 15, 2014 to May 30, 2015). During 127 days of visual and acoustic observations, Hanan & Associates counted a total of 63,598 Pacific harbor seals and 27,844 people. During the 2014 demolition and construction activities, Hanan & Associates observed a total of 20,259 takes by Level B harassment (i.e., alerts, movements, and flushes) that could be attributed to demolition and construction activities (7,424 takes), the general public (10,000 takes), and other sources (2,835 takes). As of March 13, 2015, at least 60 harbor seal pups (including 6 still or premature births) have been born at the Children's Pool and there has been no indication of abandonment. In addition to the Pacific harbor seal sightings, 366 sightings of California sea lions (93 at Children's Pool beach; others were at Seal Rock, South Casa Beach, and on the reef), and 1 northern elephant seal (juvenile). One dead adult and one dead juvenile California sea lion were sighted on the Children's Pool beach after the start of the beach closure and after the construction activities stopped for the pupping season. These strandings were reported to NMFS. More information on the monitoring results from the City of San Diego's previous demolition and construction activities at the La Jolla Children's Pool Lifeguard Station can be found in the final monitoring reports. The 2013 to 2014 and 2014 to 2015 monitoring reports can be found online at: http://www.nmfs.noaa.gov/pr/permits/incidental/construction.htm#childrenspool. 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]. The City of San Diego and NMFS anticipate takes of Pacific harbor seals, California sea lions, and northern elephant seals by Level B (behavioral) harassment only incidental to visual disturbance associated with the sand quality study sand sampling activities at the Children's Pool Beach. No takes by injury (Level A harassment), serious injury, or mortality are expected. NMFS will consider pinnipeds behaviorally reacting to the sand sampling activities by flushing into the water, moving more than twice the animal's body length but not into the water; becoming alert and moving more than twice its body length; and changing direction of current movements by individuals as behavioral criteria for take by Level B harassment. With proposed sand sampling activities scheduled to begin in May 2016, the City of San Diego expects a range of harbor seals to be present daily during June with a maximum of up to 190 individuals and a seasonal decline through November to about 0 to 50 harbor seals present daily. As not all of the sampling activities have been planned, and there is uncertainty regarding the timing and number of all activities, we have assumed the maximum number of authorized sampling activities (16) occurring during the maximum haul out month (June) in order to estimate take numbers. If all of the estimated harbor seals present are taken by incidental harassment each day, there could be a maximum of 3,040 incidences of take (i.e., approximately 896 adult males and 672 juvenile males, 864 adult females and 608 juvenile females based on age and sex ratios presented in Harkonen et al., 1999) over the entire duration of the activities. An unknown portion of the incidental takes will be from repeated exposures as harbor seals leave and return to the Children's Pool area. Very few California sea lions or northern elephant seals are ever observed at the Children's Pool Beach. As noted above, Children's Pool is almost exclusively a harbor seal haul-out site and on rare occasions, one or two California sea lions or a single juvenile elephant seal have been observed on the sand or rocks at, or near, Children's Pool. However, as noted above, an UME has been in place since 2013 for California sea lions. According to the NMFS West Coast Region, California sea lion strandings in January-May of 2015 were over 10 times the average stranding level for the same five-month period during 2004-2012. The City of San Diego has requested take for these species due to their potential occurrence at this location and past monitoring experience at this location. As the previous IHA authorized take of two individual sea lions incidental to construction activities at Children's Pool, and numbers of sea lion sightings have been over 10 times the average, we estimate that up to 20 individuals may be incidentally taken by Level B harassment equating to 320 exposures (conservatively assuming 20 x 16 sampling events). As only one or two northern elephant seals are known to occur rarely at Children's Pool Beach, it was conservatively estimated that 16 individuals would be exposed to Level B harassment for a total of 16 takes (assuming one present for each of the 16 sampling events). Therefore, NMFS proposes authorizing the following numbers of incidental takes (i.e., Level B harassment): 3,040 Pacific harbor seals (600 individuals), 320 California sea lions (20 individuals), and 16 northern elephant seals (16 individuals). More information on the number of takes authorized, and the approximate percentage of the stock for the three species in the proposed action area can be found in Table 3 (below). [[Page 19149]] Table 3--Summary of the Authorized Incidental Take by Level B Harassment of Pinnipeds for the City of San Diego's Proposed Sand Quality Study Activities Generating Visual and Auditory Stimuli at the Children's Pool Beach in La Jolla, CA. ---------------------------------------------------------------------------------------------------------------- Approximate Take Estimated percentage of authorization number of estimated Population Species (number of individuals Abundance stock (takes trend exposures) taken authorized/ population) ---------------------------------------------------------------------------------------------------------------- Pacific harbor seal.......... 3,040 600 30,968--Californ 10 Increased in ia stock. California 1981 to 2004. California sea lion.......... 320 20 296,750--U.S. 0.1 Increasing. stock. Northern elephant seal....... 16 16 179,000--Califor <0.01 Increasing 3.8% nia breeding annually since stock. 1988. ---------------------------------------------------------------------------------------------------------------- Analysis and Preliminary 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). A negligible impact finding is based on the lack of likely adverse effects on annual rates of recruitment or survival (i.e., population- level effects). 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 must consider other factors, such as the likely nature of any responses (their intensity, duration, etc.), the context of any responses (critical reproductive time or location, migration, etc.), as well as the number and nature of estimated Level A harassment takes, the number of estimated mortalities, and effects on habitat. In making a negligible impact determination, NMFS evaluated factors such as: (1) The number of anticipated injuries, serious injuries, or mortalities; (2) The number, nature, and intensity, and duration of Level B harassment; and (3) The context in which the takes occur (i.e., impacts to areas of significance, impacts to local populations, and cumulative impacts when taking into account successive/contemporaneous actions when added to baseline data); (4) The status of the stock or species of marine mammals (i.e., depleted, not depleted, decreasing, increasing, stable, impact relative to the size of the population); (5) Impacts on habitat affecting rates of recruitment/survival; and (6) The effectiveness of monitoring and mitigation measures. Behavioral disturbance may potentially occur incidental to the visual presence of humans and sand sampling activities; however, pinnipeds at this site have likely adapted or become acclimated to human presence at this site. The City of San Diego has designated Children's Pool Beach as a shared use beach. Many activities currently take place at Children's Pool Beach and the surrounding shoreline areas including swimming, SCUBA diving, surfing, kayaking, tide pooling, and nature watching. These ``urbanized'' harbor seals do not exhibit sensitivity at a level similar to that noted in harbor seals in some other regions affected by human disturbance (Allen et al., 1984; Suryan and Harvey, 1999; Henry and Hammil, 2001; Johnson and Acevedo- Gutierrez, 2007; Jansen et al., 2006; Hanan & Associates, 2011). For example, during monitoring for construction for the Children's Pool Lifeguard Station, equipment noise and visual cues at times have caused seals to alert/flush, while at other times the same stimuli have produced no reaction (City of San Diego, 2015). Per the City of San Diego (2015), ``[a]t the individual level, a newly arrived seal (which swam in from another area) may not have habituated to humans and noise as have seals that have been onsite for a while. These recent arrivals may alert to visual stimuli, perhaps flushing to the water. But after a few days using this beach during the non-pupping season (when humans are also present on the beach), we would expect them to habituate and generally not react to humans unless very close to them (Hanan 2004, Hanan & Associates 2011, Hanan and Hanan 2014).'' Therefore, there is a high likelihood that many of the harbor seals present during the proposed sand sampling activities would not be flushed off of the beach or rocks, as pinnipeds at this site are conditioned to human presence (Hanan, 2004; Hanan & Associates, 2011) (see http://www.youtube.com/watch?v=4IRUYVTULsg), and it is anticipated that takes would likely be of lesser intensity than would be expected at other locations. No injuries (Level A harassment), serious injuries, or mortalities are anticipated to occur as a result of the City of San Diego's sand sampling activities, and none are proposed for authorization by NMFS. The proposed activities are not expected to result in the alteration of reproductive behaviors because of the moratorium on access to the beach during the pupping season, and the potentially affected species would be subjected to only temporary and minor behavioral impacts. As discussed in detail above, the proposed project scheduling avoids sensitive life stages for Pacific harbor seals. Proposed project activities will commence June 1 and end by December 15. The commencement date occurs after the end of the pupping season, affords additional time to accommodate lactation and weaning of late-season pups, and takes into account periods of lowest haul-out occurrence. The end date falls approximately two weeks prior to January 1, the time after which most births occur, providing protection for pregnant and nursing harbor seals that may give birth before January 1. Table 3 of this document outlines the number of Level B harassment takes that are anticipated as a result of these proposed activities. Due to the nature, degree, and context of Level B (behavioral) harassment anticipated and described (see ``Potential Effects on Marine Mammals'' section above) in this notice, this activity is not expected to impact rates of annual recruitment or survival for the affected species or stock (i.e., California stock of Pacific harbor seals, U.S. stock of California sea lions, and California breeding stock of northern elephant seals), particularly given the proposed mitigation, [[Page 19150]] monitoring, and reporting measures that would be implemented to minimize impacts to marine mammals. The Children's Pool is one of the three known haul-out sites for Pacific harbor seal in San Diego County and the only rookery in San Diego County and the only mainland rookery on the U.S. west coast for this species between the border of Mexico and Point Mugu in Ventura County, CA. For the other marine mammal species that may occur within the action area (i.e., California sea lions and northern elephant seals), there are no known designated or important feeding and/or reproductive areas at the project site. Many animals perform vital functions, such as feeding, resting, traveling, and socializing, on a diel cycle (i.e., 24 hour cycle). Behavioral reactions (such as disruption of critical life functions, displacement, or avoidance of important habitat) are more likely to be significant if they last more than one diel cycle or recur on subsequent days (Southall et al., 2007). However, Pacific harbor seals have been hauling-out at Children's Pool during the year for many years (including during pupping season and while females are pregnant) while being exposed to anthropogenic sound sources such as vehicle traffic, human voices, etc. and other stimuli from human presence. The Pacific harbor seals have repeatedly hauled-out to pup over many years and the NMFS Stock Assessment Reports for this stock have shown that the population is increasing and is considered stable (NMFS, 2014). Additionally, the proposed sand sampling activities would generally not take place on subsequent days for long durations, as a maximum of up to 16 sampling events (lasting approximately 4 hours each) are planned for the sand quality study, which would take place over the six-months of the study. None of the potentially affected marine mammal species under NMFS jurisdiction in the action area (Pacific harbor seals, California sea lions, and northern elephant seals) are listed as threatened or endangered under the ESA. To protect these animals (and other marine mammals in the action area), the City of San Diego shall schedule sand sampling activities during the daily period of lowest haul-out occurrence; limit activities to the hours of daylight; ensuring that technicians performing sand sampling remain at least three meters from any hauled out pinnipeds; use PSOs, prohibit sand sampling activities in the unlikely event that fur seals are present, and prohibit sand sampling activities during harbor seal pupping season. Although behavioral modifications, including temporarily vacating the area during the proposed sand sampling activities, may be made by these species, the sand quality sampling activities would be fairly sporadic and would be of relatively short duration. NMFS believes that the time period of the proposed sand sampling activities, the requirement to implement mitigation measures (e.g., prohibiting sand sampling activities during pupping season, scheduling operations to periods of the lowest haul-out occurrence, and ensuring a buffer of at least three meters between sampling technicians and hauled out pinnipeds), and the inclusion of the monitoring and reporting measures, will reduce the amount and severity of the potential impacts from the activity. Based on the analysis contained herein of the likely effects of the proposed specified activity on marine mammals and their habitat, and taking into consideration the implementation of the proposed monitoring and mitigation measures, NMFS preliminarily finds that the total marine mammal take from the City of San Diego's activities would have a negligible impact on the affected marine mammal species or stocks. Small Numbers As mentioned previously, NMFS estimates that three species of marine mammals under its jurisdiction could be potentially affected by Level B harassment over the course of the IHA. It is conservatively estimated that the instances of take by Level B harassment (amounting to 3,040 for Pacific harbor seals, 320 for California sea lions, and 16 for northern elephant seals) would be approximately 10%, 0.1%, and less than 0.01% of the respective California, U.S., and California breeding stocks. The population estimates for the marine mammal species that may be taken by Level B harassment were provided in Table 3 of this document. 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 mitigation and monitoring measures, NMFS preliminarily finds that small numbers of marine mammals will be taken relative to the populations of the affected species or stocks. See Table 3 for the proposed authorized take numbers of marine mammals. Impact on Availability of Affected Species or Stock for Taking for Subsistence Uses Section 101(a)(5)(D) of the MMPA requires NMFS to determine that the authorization will not have an unmitigable adverse effect on the availability of marine mammal species or stocks for subsistence use. There are not relevant subsistence uses of marine mammals implicated by this action. Therefore, NMFS has determined that the total taking of affected species or stocks would not have an unmitigable adverse impact on the availability of such species or stocks for subsistence purposes. Endangered Species Act NMFS (Permits and Conservation Division) has determined that an ESA section 7 consultation for the issuance of an IHA under section 101(a)(5)(D) of the MMPA for this activity is not necessary for the Guadalupe fur seal. This species is rare at Children's Pool Beach. Due to the fact that sightings have occurred in the area, and due to the declaration of a UME for this species in the area, ESA consultation was considered. However, it was determined that the sand sampling activities would have no potential to affect the Guadalupe fur seal because these activities would not occur if this species were present at Children's Pool Beach. No other ESA-listed species are expected to occur in the proposed project area. National Environmental Policy Act To meet NMFS's National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.) requirements for the issuance of an IHA to the City of San Diego, NMFS prepared a Draft Environmental Assessment (EA) titled Draft Environmental Assessment of the Issuance of an Incidental Harassment Authorization to the City of San Diego to Take Marine Mammals by Harassment Incidental to Sand Quality Study Activities at the Children's Pool Beach in La Jolla, California to comply with the Council of Environmental Quality (CEQ) regulations and NOAA Administrative Order (NAO) 216-6. NMFS will evaluate public comments on the proposed action to determine whether a Finding of No Significant Impact (FONSI) is warranted, or if an Environmental Impact Statement (EIS) would be required. Proposed Authorization As a result of these preliminary determinations, NMFS proposes to issue an IHA to the City of San Diego for conducting sand quality study activities [[Page 19151]] at the Children's Pool Beach in La Jolla, CA, provided the previously mentioned mitigation, monitoring, and reporting requirements are incorporated. The proposed IHA language is provided below: The City of San Diego,, is hereby authorized under section 101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 1371(a)(5)(D)), to harass small numbers of marine mammals incidental to the sand quality study activities at the Children's Pool Beach, June 1 through December 14, 2016, contingent upon the following conditions: 1. Effective Dates This Authorization is valid from June 1, 2016 through June 30, 2017. 2. Specified Geographic Region This Authorization is valid only for the sand sampling activities at the Children's Pool Beach that shall occur in the following specified geographic area: The La Jolla Children's Pool Beach at 850 Coast Boulevard, La Jolla California 92037 (32[deg] 50'51.18'' North, 117[deg] 16'41.94'' West), as specified in the City of San Diego's IHA application. 3. Species Authorized and Level of Takes (a) The incidental taking of marine mammals, by Level B harassment only, is limited to the following species in the La Jolla, California area: (i) Pinnipeds--see Table 3 (above) for authorized species and take numbers. (ii) If any marine mammal species are encountered during sand sampling activities that are not listed in Table 3 (above) and are likely to be taken by the sand quality study activities, then the City of San Diego must shut-down operations to avoid take. (b) The taking by injury (Level A harassment), serious injury, or death of any of the species listed in Condition 3(a) above, or the taking of any kind of any other species of marine mammal, is prohibited and may result in the modification, suspension or revocation of this Authorization. The methods authorized for taking by Level B harassment are limited to visual stimuli associated with sand sampling activities (walking beach transects, taking sand surface samples, and taking subsurface samples, including hammering core samples with a rubber mallet) without an amendment to this Authorization: 4. Prohibited Take The taking of any marine mammal in a manner prohibited under this Authorization must be reported immediately to the Office of Protected Resources, National Marine Fisheries Service (NMFS), at 301-427-8401. 5. Mitigation and Monitoring Requirements The City of San Diego is required to implement the following mitigation and monitoring requirements when conducting the specified activities: Sand Sampling Activities Prohibited During Pupping Season (a) The sand sampling activities shall be prohibited until June 1, 2016 and shall be completed prior to December 15, 2016. Daily Sand Sampling Timing (b) To the maximum extent practicable, sand sampling activities shall be conducted from approximately 8:30 a.m. to 3:30 p.m.,; however, sand sampling activities may be extended from 7 a.m. to 7 p.m. (i.e., daylight hours). Protected Species Observers (c) A trained Protected Species Observer (PSO) shall attend the project site 30 minutes prior until 30 minutes after sand sampling activities cease each day throughout the sand quality study window. The PSO shall be approved by NMFS prior to commencement of activities. The PSO shall search for marine mammals using binoculars and/or the naked eye within the study area. The PSO will observe from a station along the breakwater wall (weather permitting) as well as the base of the cliff. (d) In the event that fur seals are observed either on the rocks, beach, or in the water at Children's Pool Beach prior to commencement of sand collection activities, these activities will be postponed until coordination with the stranding network is complete (including any potential 24-hour or 48-hour wait/observation period) and/or the animal either leaves, or is collected by the stranding network. (e) The PSO shall use visual digital recordings and photographs to document individuals and behavioral responses to the sand sampling activities. The PSO shall make hourly counts of the number of pinnipeds present and record events that result in behavioral responses and changes, whether due to sand sampling activities or from public stimuli. During these events, pictures and videos will be taken when possible to document individuals and behavioral responses. (f) A PSO shall record the following information when a marine mammal is sighted: (i) Species, group size, age/size/sex categories (if determinable), behavior when first sighted and after initial sighting, heading (if consistent), distribution, bearing and distance relative to the sampling technicians (stimuli), group cohesiveness, duration of presence, apparent reaction to sand sampling activities (e.g., none, avoidance, approach, etc.), direction and speed of travel, duration of presence, and if there are other causes of potential disturbance occurring; (ii) Date, time, location, sand sampling activity (walking; surface sampling; subsurface sampling [hammering], etc), monitoring and mitigation measures implemented (or not implemented), tidal stage, weather conditions, Beaufort sea state, wind speed, visibility, and sun glare; and (iii) The data listed under Condition 6(g)(ii) shall also be recorded at the start and end of each observation watch and during a watch whenever there is a change in one or more variables. (g) A PSO shall also record the time of arrival and departure on site, commencement and cessation of sand sampling activities, and presence of humans on the beach. Whenever possible, the PSO should determine as to whether or not the harassment of pinnipeds is attributable to the sand sampling activities and/or the presence of the public on the beach and around the Children's Pool area. A PSO shall record the number of people on the beach and surrounding areas as well as their location relative to the animals. Approach Buffer Zones (h) Buffer zones shall be established such that sand sampling technicians will remain at least three meters from any hauled out pinniped at all times. 6. Reporting Requirements The City of San Diego is required to: (a) Submit a draft report on all activities and monitoring results to the Office of Protected Resources, NMFS, within 90 days of the completion of the sand sampling activities at the Children's Pool Beach. This report must contain and summarize the following information: (i) Dates, times, locations, weather, sea conditions (including Beaufort sea state and wind speed), and associated activities during all sand sampling activities and marine mammal sightings; (ii) Species, number, location, distance from the PSO, and behavior of any marine mammals, as well as associated sand sampling activities, observed throughout all monitoring activities. (iii) An estimate of the number (by species) of marine mammals that are known to have been exposed to the sand sampling activities (based on visual observation) with a discussion of any specific behaviors those individuals [[Page 19152]] exhibited. NMFS will consider pinnipeds flushing into the water; moving more than twice their body length, but not into the water; and changing direction of current movement by individuals as behavioral criteria for take by Level B harassment. (iv) A description of the implementation and effectiveness of the monitoring and mitigation measures of the IHA. (b) Submit a final report to the Chief, Permits and Conservation Division, Office of Protected Resources, NMFS, within 30 days after receiving comments from NMFS on the draft report. If NMFS decides that the draft report needs no comments, the draft report shall be considered to be the final report. 7. In the unanticipated event that the City of San Diego discovers a live stranded marine mammal (sick and/or injured, or if any fur seals are observed) at Children's Pool, they shall immediately contact Sea World's stranded animal hotline at 1-800-541-7235. Sea World shall also be notified for dead stranded pinnipeds so that a necropsy can be performed. In all cases, the NMFS stranding coordinator shall be notified as well, but for immediate responses purposes, Sea World shall be contacted first. Reporting Prohibited Take 8. In the unanticipated event that the specified activity clearly causes the take of a marine mammal in a manner prohibited by this Authorization, such as an injury (Level A harassment), serious injury or mortality, the City of San Diego shall immediately cease the specified activities and immediately report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS and the West Coast Regional Stranding Coordinator. The report must include the following information: (a) Time, date, and location (latitude/longitude) of the incident; the type of activity involved; description of the circumstances during and leading up to the incident; water depth; environmental conditions (e.g., wind speed and direction, Beaufort sea state, cloud cover, and visibility); description of marine mammal observations in the 24 hours preceding the incident; species identification or description of the animal(s) involved; the fate of the animal(s); and photographs or video footage of the animal (if equipment is available). Activities shall not resume until NMFS is able to review the circumstances of the prohibited take. NMFS shall work with the City of San Diego to determine what is necessary to minimize the likelihood of further prohibited take and ensure MMPA compliance. The City of San Diego may not resume their activities until notified by NMFS via letter or email, or via telephone. Reporting an Injured or Dead Marine Mammal With an Unknown Cause of Death In the event that the City of San Diego discovers an injured or dead marine mammal, and the lead PSO 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 described in the next paragraph), the City of San Diego will immediately report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS and the NMFS West Coast Regional Office and/ or the West Coast Regional Stranding Coordinator. The report must include the same information identified in the Condition 8(a) above. Activities may continue while NMFS reviews the circumstances of the incident. NMFS will work with the City of San Diego to determine whether modifications in the activities are appropriate. Reporting an Injured or Dead Marine Mammal Not Related to the Activities In the event that the City of San Diego discovers an injured or dead marine mammal, and the lead PSO determines that the injury or death is not associated with or related to the activities authorized in Condition 2 to 4 of this Authorization (e.g., previously wounded animal, carcass with moderate to advanced decomposition, or scavenger damage), the City of San Diego shall report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS and the NMFS West Coast Regional Office and/or the West Coast Regional Stranding Coordinator within 24 hours of the discovery. The City of San Diego shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Activities may continue while NMFS reviews the circumstances of the incident. Reporting Any Presence of Fur Seals In the event that the City of San Diego discovers any fur seals hauled out on the rocks or in sand at Children's Pool Beach prior to commencing sand sampling activities for the day, the City of San Diego shall contact the West Coast Regional Stranding Coordinator and sand sampling activities will not commence until the animal(s) either leave or are collected by the stranding network. The City will also report the incident to the Chief of the Permits and Conservation Division, Office of Protected Resources, NMFS within 24 hours of the discovery. The City of San Diego shall provide photographs or video footage (if available) or other documentation of the stranded animal sighting to NMFS and the Marine Mammal Stranding Network. Activities may continue after the animal(s) are no longer present while NMFS reviews the circumstances of the incident. 9. A copy of this Authorization must be in the possession of all contractors and PSOs operating under the authority of this IHA. Request for Public Comments NMFS requests comment on our analysis, the draft authorization, and any other aspect of the preliminary determinations and notice of the proposed IHA for the City of San Diego's sand quality study activities at the La Jolla Children's Pool Beach. Please include with your comments any supporting data or literature citations to help inform our final decision on the City of San Diego's request for an MMPA authorization. Dated: March 29, 2016. Wanda L. Cain, Acting Deputy Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2016-07623 Filed 4-1-16; 8:45 am] BILLING CODE 3510-22-P
![Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices 19137
The Council is considering a limited reference approved by the Northeast sand quality study activities at the
access program for the whiting/hake Regional Coordinating Committee. Children’s Pool Beach in La Jolla,
fishery via this action. A public Following a mid-day lunch break, and California. Pursuant to the Marine
comment period is then scheduled under the auspices of the Groundfish Mammal Protection Act (MMPA), NMFS
during which any member of the public Committee, there will be: a progress is requesting comments on its proposal
may bring issues forward that relate to report on work to evaluate the to issue an IHA to the City of San Diego
Council business but are not included groundfish monitoring program, and an to take, by Level B harassment only,
on the published agenda for this update on other groundfish priorities for three species of marine mammals during
meeting. During this morning session, 2016, including windowpane flounder the specified activities.
the Atlantic Herring Committee will management measures and improving DATES: Comments and information must
provide a briefing on progress on the process to develop recreational be received no later than May 4, 2016.
Amendment 8 to the Herring FMP, an fishery management measures. The ADDRESSES: Comments on the IHA
action that would address: (1) Localized Council will adjourn after it addresses application should be addressed to Jolie
depletion; and (2) long-term harvest any other outstanding business during Harrison, Chief, Permits and
strategies for Atlantic herring, including the afternoon of April 21st. Conservation Division, Office of
an acceptable biological catch (ABC) Although other non-emergency issues
Protected Resources, National Marine
control rule that explicitly accounts for not contained in this agenda may come
Fisheries Service, 1315 East-West
herring’s role in the ecosystem. The before this Council for discussion, those
Highway, Silver Spring, MD 20910. The
Committee report will also include issues may not be the subject of formal
mailbox address for providing email
discussion of plans for a workshop on action during this meeting. Council
comments is ITP.Youngkin@noaa.gov.
a management strategy evaluation of the action will be restricted to those issues
NMFS is not responsible for email
herring ABC control rule and a request specifically listed in this notice and any
comments sent to addresses other than
that the Council initiate a framework issues arising after publication of this
the one provided here. Comments sent
adjustment to revise the Georges Bank notice that require emergency action
via email, including all attachments,
haddock catch cap accountability under section 305(c) of the Magnuson-
must not exceed a 25-megabyte size.
measures. After a lunch break and Stevens Act, provided that the public All comments received are a part of
during a discussion about NOAA’s has been notified of the Council’s intent the public record and will generally be
Omnibus Industry-Funded Monitoring to take final action to address the posted to http://www.nmfs.noaa.gov/pr/
Amendment, the Council also will, in emergency. permits/incidental/ without change. All
cooperation with NOAA, discuss and
Special Accommodations Personal Identifying Information (for
refine existing alternatives and possibly
This meeting is physically accessible example, name, address, etc.)
select preferred alternatives for target
to people with disabilities. Requests for voluntarily submitted by the commenter
levels of monitoring coverage in the
sign language interpretation or other may be publicly accessible. Do not
Atlantic herring fishery. Approval of the
auxiliary aids should be directed to submit Confidential Business
associated draft Environmental
Thomas A. Nies (see ADDRESSES) at least Information or otherwise sensitive or
Assessment will occur at the NEFMC’s
5 days prior to the meeting date. protected information.
June Council meeting. Under the Sea
An electronic copy of the IHA
Scallop Committee’s agenda item, Dated: March 29, 2016. application containing a list of the
discussions are planned in which Tracey L. Thompson, references used in this document may
NEFMC members will review results of Acting Deputy Director, Office of Sustainable be obtained by visiting the Internet at:
the Council-sponsored workshop to Fisheries, National Marine Fisheries Service. http://www.nmfs.noaa.gov/pr/permits/
address concerns about scallop fishing [FR Doc. 2016–07557 Filed 4–1–16; 8:45 am] incidental/. In case of problems
pressure in nearshore areas. They will
BILLING CODE 3510–22–P accessing these documents, please call
also review a draft outline and work
the contact listed below. Documents
plan for the five-year performance
review of the limited access general cited in this notice, including the IHA
DEPARTMENT OF COMMERCE application, may also be viewed, by
category IFQ program and hear
information about increased fishing appointment, during regular business
National Oceanic and Atmospheric hours, at the aforementioned address.
activity in the Northern Gulf of Maine Administration
management area. If warranted, the FOR FURTHER INFORMATION CONTACT: Dale
NEFMC may initiate an action at this RIN 0648–XE460 Youngkin, Office of Protected
meeting to address this last topic. Resources, NMFS, 301–427–8401.
Takes of Marine Mammals Incidental to SUPPLEMENTARY INFORMATION:
Thursday, April 21, 2016 Specified Activities; Sand Quality
The final meeting day will begin with Study Activities at the Children’s Pool Background
a report from the Council’s Habitat Beach, La Jolla, California Sections 101(a)(5)(A) and (D) of the
Committee Chair. After a review of work AGENCY: National Marine Fisheries MMPA (16 U.S.C. 1361 et seq.), direct
to date, the committee will ask for Service (NMFS), National Oceanic and the Secretary of Commerce (Secretary)
Council approval of the Omnibus Deep- Atmospheric Administration (NOAA), to allow, upon request, the incidental,
Sea Coral Amendment management Commerce. but not intentional, taking of small
alternatives for the purpose of further ACTION: Notice; proposed Incidental numbers of marine mammals, by United
mstockstill on DSK4VPTVN1PROD with NOTICES
development and analyses. A Harassment Authorization (IHA); States citizens who engage in a specified
presentation is then scheduled on the request for comments. activity (other than commercial fishing)
draft Northeast Regional Ocean Plan. within a specified geographical region if
The next report will address plans for a SUMMARY: NMFS has received an certain findings are made and either
peer review (fall 2016) of the in-season application from the City of San Diego regulations are issued or, if the taking is
discard methodology to be used by for an IHA to take small numbers of limited to harassment, a notice of a
NOAA Fisheries. The report will marine mammals, by Level B proposed authorization is provided to
include a discussion of the terms of harassment, incidental to the conduct of the public for review.
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![19138 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
Authorization for the incidental and their sand sample collection between the water line and the seawall/
takings shall be granted if NMFS finds activities during the study has the bluff railing. Sixteen sampling events
that the taking will have a negligible potential to result in the take of marine are proposed for the sand quality study
impact on the species or stock(s), will mammals through behavioral period between June 1 and December
not have an unmitigable adverse impact disturbance. The requested IHA would 14, 2016. Sand sample collection would
on the availability of the species or authorize the take, by Level B involve grab samples of surface layer
stock(s) for subsistence uses (where (behavioral) harassment, of small sand (surface up to 20 cm of sand to be
relevant), and if the permissible numbers of Pacific harbor seals (Phoca collected with a sterilized spoon). A
methods of taking and requirements vitulina richardii), California sea lions small subset of samples per event would
pertaining to the mitigation, monitoring, (Zalophus californianus), and northern be collected from the subsurface via
and reporting of such takings are set elephant seals (Mirounga angustirostris) narrow plastic cores (approximately 5
forth. NMFS has defined ‘‘negligible incidental to sand quality sampling centimeters [cm] by 60 cm) driven into
impact’’ in 50 CFR 216.103 as ‘‘. . . an activities of the Children’s Pool Beach at the sand by hand to the extent possible,
impact resulting from the specified La Jolla, CA. Additional information on and then sunk to the desired depth with
activity that cannot be reasonably the sand quality sampling activities at a small rubber mallet. Approximately 21
expected to, and is not reasonably likely the Children’s Pool Beach is contained samples would be collected per event.
to, adversely affect the species or stock in the IHA application, which is Visual stimuli due to the presence of
through effects on annual rates of available electronically (see ADDRESSES). researchers on the beach collecting sand
recruitment or survival.’’ samples would potentially result in
Section 101(a)(5)(D) of the MMPA Description of the Proposed Specified behavioral disturbance of pinnipeds
established an expedited process by Activity hauled out on the beach, which would
which citizens of the United States can Overview equate to a take under the MMPA.
apply for an authorization to
incidentally take small numbers of The City of San Diego plans to Proposed Dates and Duration
marine mammals by harassment. conduct a sand quality study at the The City of San Diego is planning to
Section 101(a)(5)(D) of the MMPA Children’s Pool Beach in La Jolla, CA in begin the project at the Children’s Pool
establishes a 45-day time limit for order to fulfill a special condition that in La Jolla, CA after the beach is opened
NMFS’s review of an application was part of a permit issued by the to the public in May, with completion
followed by a 30-day public notice and California Coastal Commission of the sand sampling activities to be
comment period on any proposed (Commission). The special provision completed prior to closure of the beach
authorizations for the incidental required a feasibility study to analyze to the public in December, 2016. The
harassment of small numbers of marine the sand quality, and methods for City of San Diego and NMFS are
mammals. Within 45 days of the close improving sand quality, at Children’s requiring a moratorium on all sand
of the public comment period, NMFS Pool Beach. Children’s Pool Beach is sampling activities during harbor seal
must either issue or deny the currently listed on the Clean Water Act pupping and weaning (i.e., December
authorization. Section 303(d) list as impaired for Fecal 15th to May 15th). A moratorium on
Except with respect to certain Indicator Bacteria (FIB). Additionally, sampling activities would also be
activities not pertinent here, the MMPA researchers have identified pinniped required for an additional two weeks
defines ‘‘harassment’’ as: Any act of molting and excrement as a potential prior to initiating the sand collection
pursuit, torment, or annoyance which (i) source of mercury to the environment activities in order to accommodate late-
has the potential to injure a marine (McHuron, Harvey et al. 2014, weaning pups. Therefore, work on this
mammal or marine mammal stock in the Cossaboon, Ganguli et al. 2015). The project would only be performed
wild [Level A harassment]; or (ii) has sand quality study will analyze the between June 1st and December 14th of
the potential to disturb a marine current extent and magnitude of FIB and 2016.
mammal or marine mammal stock in the mercury contamination in the beach Proposed sand sampling activities
wild by causing disruption of behavioral sand at Children’s Pool Beach, and will would occur during daylight hours only,
patterns, including, but not limited to, assess several possible variable effects as stipulated in the IHA application. In
migration, breathing, nursing, breeding, including tidal cycles, wave regimes, addition, prior to sand sampling events,
feeding, or sheltering [Level B sand depth, and seasonal variability the beach would be surveyed for the
harassment]. during the effective dates of the IHA. presence of northern fur seals and/or
The California Coastal Commission’s Guadalupe fur seals. If either of these
Summary of Request permit certified the City’s request to species are observed hauled out or in
On December 14, 2015, NMFS amend its Land Use Plan. Specifically, the water at Children’s Pool Beach, sand
received an application from the City of the City’s amendment included sampling would not commence. This
San Diego, Transportation & Storm revisions to allow seasonal closure at precaution is included due to the
Water Department, Storm Water Children’s Pool Beach during the Pacific unusually high number of strandings of
Division, requesting an IHA for the harbor seal pupping season, generally fur seals along the entire California
taking of marine mammals incidental to from December 15 to May 15 of every coast beginning in January, 2015, which
the conduct of sand quality study year. The amendment applies only to has resulted in the declaration of an
activities. NMFS determined that the Children’s Pool Beach, and is intended Unusual Mortality Event (UME) for
IHA application was adequate and to allow special protection of the harbor Guadalupe fur seal (http://
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complete on February 25, 2016. seals at Children’s Pool Beach during www.nmfs.noaa.gov/pr/health/mmume/
The City of San Diego would the vulnerable months of their pupping guadalupefurseals2015.html). In
undertake the proposed sand quality season. addition, an UME has been declared,
sampling activities between June 1, The sand quality sampling activities and has been ongoing since 2013, for
2016 and December 14, 2016 at the would involve teams of two to three California sea lion pups and yearling
Children’s Pool Beach in La Jolla, people collecting sand samples for due to elevated strandings of pups in
California. Visual stimuli due to the approximately four hours along Southern California (http://
presence of technicians on the beach transects parallel to the shoreline www.nmfs.noaa.gov/pr/health/mmume/
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![Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices 19139
californiasealions2013.htm). While ensuring a distance of at least three Description of Marine Mammals in the
there have been relatively high numbers meters (m) from any pinnipeds on the Specified Geographic Area of the
of strandings of Guadalupe fur seals beach. Samples would consist of grab Proposed Specified Activity
coast-wide in California, the presence of samples from the surface, with a subset
this species in California, and at of samples collected approximately 25 Information on marine mammal
Children’s Pool Beach in particular, to 50 cm below the sand surface by species for which take would be
would be considered extremely rare due using a hollow tube (approximately 5 authorized is included below. Further
to the fact that they prefer isolated rocky cm by 60 cm) driven into the sand by information on the biology and local
haul out sites (Riedman, 1990). As the hand and/or with a small rubber mallet distribution of these marine mammal
presence of fur seals at this location with minimal digging. species and others in the region can be
would be such a rare event, it is likely found in the NMFS Marine Mammal
that the animal would be sick or injured All sand sampling events will be Stock Assessment Reports, which are
if it were to be present. Therefore, sand conducted during daylight hours, and available online at: http://
sampling activities would not be each sampling event would be www.nmfs.noaa.gov/pr/sars/.
conducted and coordination with the approximately four hours in duration.
Sampling events will be scheduled to Three species of pinnipeds are known
stranding network and/or a period of to occur in the Children’s Pool proposed
observation would commence, as the maximum extent practicable to
occur during the daily period of lowest action area and off the Pacific coastline
described in further detail below. Take
haul out occurrence (generally 8:30 (see Table 1 below). Pacific harbor seals
of fur seals would not be authorized
a.m.–3:30 p.m.). Because the City of San are the most common species likely to
under this IHA.
Diego already closes the Children’s Pool be found within the immediate vicinity
Proposed Specific Geographic Region Beach during harbor seal pupping of the activity area. California sea lions
The La Jolla Children’s Pool Beach is season (December 15 through May 15), and northern elephant seals may also be
located at 850 Coast Boulevard, La Jolla, work on this project will be performed found within the immediate vicinity of
CA 92037 (32°50′51.18″ North, between June 1 and December 14, 2016, the activity area, but are more rare
117°16′41.94″ West). All sand quality and up to 16 sampling events would be occurrences than harbor seals. Northern
sampling events will take place at conducted during this timeframe. The fur seals and Guadalupe fur seals are
Children’s Pool Beach. The locations of first six sand sampling events are even more rarely observed at this
the beach and the study area can be planned to occur soon after June 1, location (Northern and Guadalupe fur
found in the City of San Diego’s IHA 2016. The first three sampling events seals have been seen observed at nearby
application. (Phase 1a) are designed to maximize beaches on rare occasions, and a
sampling area and to capture critical northern fur seal was observed hauled
Detailed Description of the Proposed
Specified Activities conditions when FIB may be at their out at La Jolla Cove, which is less than
highest concentrations. During each a mile from Children’s Pool, per a
The Children’s Pool was created in personal communication with Dr.
Phase 1a event, three transects parallel
1931 by building a breakwater wall Hanan [February 4, 2016], a scientist
which created a protected pool for to the shoreline at the swash zone, the
high-tide line, and the supralittoral zone with extensive knowledge of the area
swimming. Although partially filled and the species occurring there). Fur
with sand, the Children’s Pool still has will be established relative to the
seawall railing and three surface sand seals are not known to haul out in such
open water for swimming and a beach urban mainland beaches, and their
for sunbathing and beachcombing. The (SS) FIB samples (top 2 centimeters)
will be collected across each of the presence would likely be attributed to
Children’s Pool and nearby shore areas
transects at approximately left, middle, sickness or injury if they were observed
(i.e., shoreline, beaches, and reefs of La
and right beach. In addition, subsurface in this location. Therefore, only three
Jolla) are used by swimmers,
sand (SbS) FIB samples will also be species are considered to be potentially
sunbathers, SCUBA divers and
collected at three of the nine SS exposed to effects of the proposed sand
snorkelers, shore/surf fishermen, school
classes, tide pool explorers, kayakers, sampling location during each event at sampling activities, as sand sampling
surfers, boogie and skim boarders, seal, approximately 25–50 centimeters below activities would not be conducted if fur
sea lion, bird and nature watchers, and the surface. A maximum of 21 FIB seals were present and coordination
for other activities by the general public. samples, including field replicates, will with the stranding network would
As such, Children’s Pool Beach is a be collected for each Phase 1a commence. A variety of other marine
highly disturbed urban environment, monitoring event, for an approximate mammal species have on occasion been
and seals have been documented to maximum Phase 1a total of 63 FIB reported in the coastal waters off
respond less sensitively to stimuli samples. The remaining three sampling southern California. However, none of
compared to seals at other sites (Hanan, events (Phase 1b) will consist of biased these species have been reported to
2004, Hanan & Associates 2011; Hanan sampling based on Phase 1a preliminary occur in the immediate proposed action
and Hanan 2014; Hahn 2010). Per Dr. findings. The study design for Phase 1b area of the Children’s Pool Beach.
Doyle Hanan, who has a long history of will be finalized in consultation with Therefore, NMFS does not expect, and
work with seals at this location, harbor the City. A maximum of 21 FIB samples, does not propose to authorize,
seals hauled out at Children’s Pool including field replicates, will be incidental take of marine mammal
Beach generally are habituated to the collected for each Phase 1b monitoring species other than Pacific harbor seals,
event, for an approximate maximum California sea lions, and northern
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environment, and allow approaches of
up to two to three meters before Phase 1b total of 63 FIB samples. These elephant seals from the proposed
showing signs of disturbance. early test results can then be compared specified activities. Table 1 below
All sand sampling activities will take with additional test results from up to provides information on these marine
place on the sandy beach area. Samples 10 additional sampling events that mammal species, their habitat, and
will be collected along transects parallel could be collected during the warmer, conservation status in the nearshore
to the shoreline between the water’s high-public-use summer and fall area of the general region of the
edge and the bluff/railing, while months. proposed project area.
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![19140 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
TABLE 1—THE HABITAT, ABUNDANCE, AND CONSERVATION STATUS OF PACIFIC HARBOR SEALS, CALIFORNIA SEA LIONS,
AND NORTHERN ELEPHANT SEALS
Best population
Species Habitat Occurrence Range estimate ESA 2 MMPA 3
(minimum) 1
Pacific harbor seal Coastal ..................... Common Coastal temperate to 30,968 (27,348)—Cali- NL NC.
(Phoca vitulina polar regions in North- fornia stock.
richardii). ern Hemisphere.
Northern elephant Coastal, pelagic Common Eastern and Central 179,000 (81,368)—Cali- NL NC.
seal (Mirounga when not migrating. North Pacific—Alaska fornia breeding stock.
angustirostris). to Mexico.
California sea lion Coastal, shelf ............ Common Eastern North Pacific 296,750 (153,337)—U.S. NL NC.
(Zalophus Ocean—Alaska to Mex- stock.
californianus). ico.
NA = Not available or not assessed.
1 NMFS Marine Mammal Stock Assessment Reports.
2 U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, and NL = Not listed.
3 U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, and NC = Not classified.
Pacific Harbor Seal distributed along the mainland coast advanced stage of pregnancy begin to
Harbor seals are widely distributed in and on offshore islands, including show up on the Children’s Pool beach
the North Atlantic and North Pacific. intertidal sandbars and ledges, rocky by late October to early November.
Two subspecies exist in the Pacific shores and islets, and beaches (Harvey Several studies have identified harbor
Ocean: P. v. stejnegeri in the western et al., 1995; Hanan, 1996; Lowry et al., seal behavior and estimated harbor seal
North Pacific near Japan, and P. v. 2008). Preferred haul-out sites are those numbers including patterns of daily and
richardii in the eastern North Pacific. that are protected from the wind and seasonal area use (Yochem and Stewart,
The subspecies in the eastern North waves, and allow access to deep water 1998; Hanan & Associates, 2011; Linder,
Pacific Ocean inhabits near-shore for foraging (Perrin, Würsig et al. 2008). 2011). Males, females, and pups (in
coastal and estuarine areas from Baja Of the known haul-out sites, 14 season) of all ages and stages of
California, Mexico, to the Pribilof locations are rookeries (2 locations have development are observed at the
Islands in Alaska. These seals do not multiple sites, for a total of 17 sites) on Children’s Pool and adjacent areas.
make extensive pelagic migrations, but or near the mainland of California. The Children’s Pool is one of the three
do travel 300 to 500 kilometers (km) population of harbor seals has grown off known haul-out sites for this species in
(162 to 270 nautical miles [nmi]) on the U.S. west coast and has led to new San Diego County. These animals have
occasion to find food or suitable haul-out sites being used in California been observed in this area moving to/
breeding areas; (Herder 1986, Harvey (Hanan, 1996). Harbor seals are one of from the Children’s Pool, exchanging
and Goley 2011). Previous assessments the most common and frequently with the rocky reef directly west of and
of the status of harbor seals have observed marine mammals along the adjacent to the breakwater and with Seal
recognized three stocks along the west coastal environment. Rock, which is about 150 m (492 ft) west
coast of the continental U.S.: (1) The Children’s Pool area is the only of the Children’s Pool. Harbor seals have
California, (2) Oregon and Washington rookery in San Diego County and the also been reported on the sandy beach
outer coast waters, and (3) inland waters only mainland rookery on the U.S. west just southwest of the Children’s Pool. At
of Washington. An unknown number of coast between the border of Mexico and low tide, additional space for hauling-
harbor seals also occur along the west Point Mugu in Ventura County, CA out is available on the rocky reef areas
coast of Baja California, at least as far (321.9 km [200 miles]). The number of outside the retaining wall and on
south as Isla Asuncion, which is about harbor seals in this area has increased beaches immediately southward. Haul-
100 miles south of Punta Eugenia. since 1979, and they have been out times vary by time of year, from less
Animals along Baja California are not documented giving birth at the than an hour to many hours. There have
considered to be a part of the California Children’s Pool since the 1990’s been no foraging studies at this site, but
stock because it is not known if there is (Yochem and Stewart, 1998; Hanan & harbor seals have been observed in
any demographically significant Associates, 2004). Pacific harbor seals nearshore waters and kelp beds nearby,
movement of harbor seals between haul-out year-round on beaches and including La Jolla Cove.
California and Mexico and there is no rocks (i.e., breakwater ledge/rocks haul- In southern California, a considerable
international agreement for joint out area, reef haul-out area, and Casa amount of information is known about
management of harbor seals. Harbor seal Beach haul-out area) below the lifeguard the movements and ecology of harbor
presence at haul-out sites is seasonal tower at Children’s Pool. According to seals, but population structure in the
with peaks in abundance during their Yochem (2005), the Children’s Pool region is not as well known (Stewart
pupping and molting periods. Pupping beach site is used by harbor seals at all and Yochem, 1994, 2000; Keper et al.,
and molting periods are first observed to hours of the day and at all tides with the 2005; Hanan & Associates, 2011). Linder
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the south and progress northward up exception of occasional high tide/high (2011) suggests that this population
the coast with time (e.g., January to May swell events in which the entire beach moves along the California coast and the
near San Diego, April to June in Oregon is awash. Harbor seals are documented beach at Children’s Pool is part of a
and Washington) (Jeffries 1984, Huber, to give birth on these beaches during ‘‘regional network of interconnected’’
Jeffries et al. 2001); Hanan, 2004; Hanan December through May (Hanan, 2004; haul-out and pupping sites. Harbor seals
& Associates, 2011). Hanan & Associates, 2011). The official often haul-out in protected bays, inlets,
In California, approximately 400 to start to pupping season is December 15 and beaches (Reeves et al., 1992). At and
600 harbor seal haul-out sites are at Children’s Pool Beach. Females in an near the Children’s Pool, harbor seals
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haul-out on the sand, rocks, and this same period, when people were on in San Francisco Bay have been
breakwater base in numbers of 0 to 15 the beach and/or across the rope, the observed at Children’s Pool, indicating
harbor seals to a maximum of about 150 average number of harbor seals varied that seals tagged at other locations and
to 250 harbor seals depending on the from 7 to 27. The City of San Diego haul-out sites visit the site. A few seals
time of day, season, and weather observed 12 counts totaling more than have been tagged at the Children’s Pool
conditions (Hanan, 2004, Hanan & 200 and a maximum of 238 animals and there are no reports of these tagged
Associates, 2011; Linder, 2011). Because during the 2014 to 2015 construction animals at other sites (probably because
space is limited behind the breakwater window. The weather (i.e., wind and/or of very low re-sighting efforts and a
at the Children’s Pool, Linder (2011) rain) and the proximity of humans to small sample size [10 individuals radio-
predicted that it is unlikely that the beach likely affect the presence of tagged]), which may indicate a degree of
numbers will exceed 250 harbor seals. harbor seals on the beach. site-fidelity (Yochem and Stewart,
Radio-tagging and photographic 1998). These studies further indicate
Based on monitoring from a camera,
studies have revealed that only a that seals are constantly moving along
Western Alliance for Nature (WAN) portion of seals utilizing a hauling-out
reported that during the month of May the coast including to/from the offshore
site are present at any specific moment islands and that there may be as many
2013 up to 302 harbor seals were or day (Hanan, 1996, 2005; Gilbert et al.,
documented resting on the Children’s as 600 individual harbor seals using
2005; Harvey and Goley, 2011; and
Pool beach at any given time, with Children’s Pool during a year, but
Linder, 2011). These radio-tagging
additional harbor seals on the rocks and certainly not all at one time.
studies indicate that harbor seals in
in the water (Wan, personal Santa Barbara County haul-out about 70 The City of San Diego has fitted a
communication). Almost every day, to 90% of the days annually (Hanan, polynomial curve to the number of
except for weekends, over 250 1996). The City of San Diego expects expected harbor seals hauling-out at the
individual harbor seals were present on harbor seals to behave similarly at the Children’s Pool by month (see Figure 2
the beach. During the months of Children’s Pool. Tagged and branded of the IHA application and Figure 1
September 2012 to January 2013, the harbor seals from other haul-out sites below) based on counts at the Children’s
average number of harbor seals on the have been observed by Dr. Hanan at the Pool by Hanan (2004), Hanan &
beach varied from 83 to 120 animals Children’s Pool. For example, harbor Associates (2011), Yochem and Stewart
before people entered the beach or when seals with red-stained heads and coats, (1998), and the Children’s Pool docents
people were behind the rope. During which are typical of some harbor seals (Hanan, 2004).
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near the Children’s Pool, although in the severe population bottleneck and loss of Pool (Yochem and Stewart 1998);
past two years births have been reported genetic diversity when the population Hanan, 2004; Hanan & Associates,
at La Jolla Cove (about 0.75 km [0.47 was reduced to an estimated 10 to 30 2011). During 2013, the City of San
miles] east of Children’s Pool). individuals (Hoelzel et al., 2002). Diego observed two juvenile northern
Population estimates for the U.S. stock However, movement and genetic elephant seals at the Children’s Pool.
of California sea lions range from a exchange continues between rookeries During 2014, the City of San Diego
minimum of 153,337 to an average when they start breeding (Huber et al., observed 30 juvenile elephant seals
estimate of 296,750 animals. The 1991). The California breeding (during 29 days) at the Children’s Pool.
California sea lion is not listed under population is now demographically A report from 2015 monitoring is still in
the ESA and the U.S. stock is not isolated from the Baja California process at this time.
considered depleted or strategic under population. The California breeding
Potential Effects of the Proposed
the MMPA. population is considered in NMFS’s
The rocks and beaches at or near the Specified Activity on Marine Mammals
stock assessment report to be a separate
Children’s Pool in La Jolla, CA, are stock. A significant body of monitoring data
almost exclusively Pacific harbor seal A complete population count of exists for pinnipeds at Children’s Pool.
hauling-out sites. On infrequent elephant seals is not possible because In addition, pinnipeds have co-existed
occasions, one or two California sea all age classes are not ashore with heavy public use at this location,
lions have been observed on the sand or simultaneously. Elephant seal and are likely habituated to human
rocks at or near the Children’s Pool (i.e., population size is typically estimated by presence and activity. Nevertheless, the
breakwater ledge/rocks haul-out area, counting the number of pups produced City of San Diego’s sand sampling
reef haul-out area, and Casa Beach haul- and multiplying by the inverse of the activities have the potential to disturb
out area). These sites are not usual haul- expected ratio of pups to total animals pinnipeds present on the beach. Past
out locations for California sea lions. (McCann, 1985). Based on counts of monitoring at this location has revealed
The City of San Diego commissioned elephant seals at U.S. rookeries in 2010, that some or all of the seals present may
two studies of harbor seal abundance Lowry et al. (2014) reported that 40,684 move or flush from the beach in
trends at the Children’s Pool. Both pups were born. Lowry et al. (2014) response to the presence of humans or
studies reported that appearances of applied a multiplier of 4.4 to extrapolate their pets as well as crew and
California sea lions are infrequent, but from total pup counts to a population equipment associated with construction,
not rare at Children’s Pool (Yochem and estimate of approximately 179,000 though some may remain hauled-out.
Stewart 1998); Hanan, 2004; Hanan & elephant seals. This multiplier is No stampeding of seals—a potentially
Associates, 2011). During 2013, the City derived from life tables based on dangerous occurrence in which large
of San Diego observed one juvenile and published elephant seal fecundity and numbers of animals succumb to mass
three adult California sea lions at the survival rates, and reflects a population panic and rush away from a stimulus—
Children’s Pool. During 2014, the City of with approximately 23% pups (Cooper has been documented. While it is likely
San Diego observed 22 California sea and Stewart, 1983; Le Boeuf and Reiter, impossible to conduct the proposed
lions (during 19 days) at the Children’s 1988; Hindell 1991; Huber et al., 1991; sand sampling activities without
Pool. Adult sea lions were also observed Reiter and Le Boeuf, 1991; Clinton and provoking some response in hauled-out
hauling out on rocks and cliffs near the Le Boeuf, 1993; Le Boeuf et al., 1994; animals, precautionary mitigation
Children’s Pool. A report from 2015 Pistorius and Bester, 2002; McMahon et measures, described later in this
monitoring is still in process at this al., 2003; Pistorius et al., 2004; Condit document, help ensure that this type of
time. et al., 2014). The minimum population disturbance would be minimized. Under
size for northern elephant seals in 2010 these conditions, it is anticipated that
Northern Elephant Seal seals would exhibit a continuum of
can be estimated very conservatively as
Northern elephant seals breed and 81,368, which is equal to twice the responses, beginning with alert
give birth in California (U.S.) and Baja observed pup count (to account for the movements (e.g., raising the head),
California (Mexico), primarily on pups and their mothers). The which may then escalate to movement
offshore islands (Stewart et al., 1994) population is reported to have grown at away from the stimulus and possible
from December to March (Stewart and 3.8% annually since 1988 (Lowry et al., flushing into the water. Flushed seals
Huber, 1993). Spatial segregation in 2014). Northern elephant seals are not typically re-occupy the haul-out within
foraging areas between males and listed under the ESA and are not minutes to hours of the stimulus.
females is evident from satellite tag data considered as depleted or a strategic In the absence of appropriate
(Le Beouf et al., 2000). Males migrate to stock under the MMPA. mitigation measures, it is possible that
the Gulf of Alaska and western Aleutian The rocks and beaches at or near the pinnipeds could be subject to injury,
Islands along the continental shelf to Children’s Pool in La Jolla, CA, are serious injury, or mortality, likely
feed on benthic prey, while females almost exclusively Pacific harbor seal through abandonment of pups.
migrate to pelagic areas in the Gulf of hauling-out sites. On infrequent However, based on a significant body of
Alaska and the central North Pacific to occasions, juvenile northern elephant site-specific data, harbor seals are
feed on pelagic prey (Le Beouf et al., seal have been observed on the sand or unlikely to sustain any harassment that
2000). Adults return to land between rocks at or near the Children’s Pool (i.e., may be considered biologically
March and August to molt, with males breakwater ledge/rocks haul-out area, significant. Individual animals would,
returning later than females. Adults reef haul-out area, and Casa Beach haul- at most, flush into the water in response
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return to their feeding areas again out area). These sites are not usual haul- to the sand sampling activities, but may
between their spring/summer molting out locations for northern elephant also simply become alert or move across
and their winter breeding seasons. seals. The City of San Diego the beach away from the sand sampling
Populations of northern elephant commissioned two studies of harbor crew.
seals in the U.S. and Mexico have seal abundance trends at the Children’s California sea lions and northern
recovered after being nearly hunted to Pool. Both studies reported that elephant seals have been observed as
extinction (Stewart et al., 1994). appearances of northern elephant seals less sensitive to stimulus than harbor
Northern elephant seals underwent a are infrequent, but not rare at Children’s seals during monitoring at numerous
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(6) To avoid takes of Guadalupe fur The report would include a summary of direction, Beaufort sea state, cloud
seals, if fur seals are observed to be the information gathered pursuant to the cover, and visibility);
hauled out on the beach, or in the monitoring requirements set forth in the • Description of marine mammal
water/rocks at the Children’s Pool Beach IHA, including dates and times of observations in the 24 hours preceding
prior to the initiation of sand collection operations and all marine mammal the incident; species identification or
activities, sand sampling activities will sightings (dates, times, locations, description of the animal(s) involved;
not commence. PSOs will alert the species, behavioral observations
stranding network, as the occurrence of [activity, group cohesiveness, direction • The fate of the animal(s); and
these species would typically indicate a and speed of travel, etc.], tidal stage, photographs or video footage of the
sick/injured animal. Recommendations weather conditions, Beaufort sea state animal (if equipment is available).
of the stranding coordinator will be and wind force, associated sand Activities shall not resume until
followed, which may include a 24-hour sampling activities). A final report must NMFS is able to review the
or 48-hour waiting and observation be submitted within 30 days after circumstances of the prohibited take.
period, and sand sampling would not receiving comments from NMFS on the NMFS shall work with the City of San
commence until the animal(s) either draft final report. If no comments are Diego to determine the action necessary
vacated the area on its own, or was received from NMFS, the draft final to minimize the likelihood of further
collected by the stranding network report would be considered to be the prohibited take and ensure MMPA
(7) A final report would be submitted final report. compliance. The City of San Diego may
summarizing all effects from sand While the IHA does not authorize not resume its activities until notified
sampling activities and marine mammal injury (i.e., Level A harassment), serious by NMFS via letter, email, or telephone.
monitoring during the time of the injury, or mortality, should the Reporting an Injured or Dead Marine
authorization. applicant, contractor, monitor or any
A written log of dates and times of Mammal with an Unknown Cause of
other individual associated with the Death—In the event that the City of San
monitoring activity will be kept. The log sand quality study observe an injured or
shall report the following information: Diego discovers an injured or dead
dead marine mammal, the incident marine mammal, and the lead PSO
• Time of observer arrival on site; (regardless of cause) will immediately
• Time of the commencement of sand determines that the cause of the injury
be reported to NMFS stranding
sampling activities; or death is unknown and the death is
coordinator. The report should include
• Distances to all marine mammals species or description of animal,
relatively recent (i.e., in less than a
relative to the stimuli; moderate state of decomposition as
condition of animal, location, time first
• For harbor seal, northern elephant found, observed behaviors (if alive) and
described in the next paragraph), the
seal, and California sea lion City of San Diego would immediately
photo or video, if available.
observations, notes on behavior during report the incident to the Chief of the
In the unanticipated event that the
sand sampling activity, as described Permits and Conservation Division,
City of San Diego discovers a live
above, and on the number and Office of Protected Resources, NMFS,
stranded marine mammal (sick and/or
distribution observed in the project and the West Coast Regional Stranding
injured, or if any fur seals are observed)
vicinity; Coordinator. The report must include
at Children’s Pool, they shall
• For observations of all marine the same information identified above.
immediately contact Sea World’s
mammals other than harbor seals, Activities may continue while NMFS
stranded animal hotline at 1–800–541–
northern elephant seals, and California reviews the circumstances of the
7235. Sea World shall also be notified
sea lions, the time and duration of each incident. NMFS would work with the
if a dead stranded pinniped is found so
animal’s presence in the project City of San Diego to determine whether
that a necropsy can be performed. In all
vicinity; the number of animals modification of the activities is
cases, NMFS stranding coordinator shall
observed; the behavior of each animal, appropriate.
be notified as well, but for immediate
including any response to sand Reporting an Injured or Dead Marine
response purposes, Sea World shall be
sampling activities; Mammal Not Related to the Activities—
• Time of the cessation of sand contacted first.
Reporting Prohibited Take—In the In the event that the City of San Diego
sampling activities; and
• Time of observer departure from unanticipated event that the specified discovers an injured or dead marine
site. activity clearly causes the take of a mammal, and the lead PSO determines
All monitoring data collected during marine mammal in a manner prohibited that the injury or death is not associated
sand sampling events would be by this IHA, such as an injury (Level A with or related to the activities
included in the biological monitoring harassment), serious injury, or authorized (e.g., previously wounded
notes to be submitted. A final report mortality, the City of San Diego shall animal, carcass with moderate to
summarizing the sand sampling immediately cease the specified advanced decomposition, or scavenger
monitoring and any general trends activities and immediately report the damage), the City of San Diego shall
observed would also be submitted to incident to the Chief of the Permits and report the incident to the Chief of the
NMFS within 90 days after monitoring Conservation Division, Office of Permits and Conservation Division,
has ended during the period of the sand Protected Resources, NMFS, and the Office of Protected Resources, NMFS ,
quality study or 45 days prior to the West Coast Regional Stranding and the West Coast Regional Stranding
date by which any subsequent IHA is Coordinator. The report must include Coordinator within 24 hours of the
the following information: discovery. The City of San Diego shall
mstockstill on DSK4VPTVN1PROD with NOTICES
requested by the City of San Diego,
whichever comes first. • Time, date, and location (latitude/ provide photographs or video footage (if
longitude) of the incident; available) or other documentation of the
Proposed Reporting • The type of activity involved; stranded animal sighting to NMFS and
A draft final report must be submitted • Description of the circumstances the Marine Mammal Stranding Network.
to NMFS within 90 days after the during and leading up to the incident; Activities may continue while NMFS
conclusion of the final sand sampling • Water depth; environmental reviews the circumstances of the
activities of the Children’s Pool Beach. conditions (e.g., wind speed and incident.
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![19148 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
Monitoring Results From Previously Children’s Pool beach; others were at maximum number of authorized
Authorized Activities Seal Rock, South Casa Beach, and on the sampling activities (16) occurring
reef), and 1 northern elephant seal during the maximum haul out month
2013 to 2014
(juvenile). One dead adult and one dead (June) in order to estimate take numbers.
Hanan & Associates, Inc., on behalf of juvenile California sea lion were sighted If all of the estimated harbor seals
the City of San Diego, conducted marine on the Children’s Pool beach after the present are taken by incidental
mammal and in-air sound monitoring at start of the beach closure and after the harassment each day, there could be a
six locations during demolition and construction activities stopped for the maximum of 3,040 incidences of take
construction activities at the Children’s pupping season. These strandings were (i.e., approximately 896 adult males and
Pool Lifeguard Station in La Jolla, reported to NMFS. 672 juvenile males, 864 adult females
California from June 3, 2013 to February More information on the monitoring and 608 juvenile females based on age
12, 2014. Demolition and construction results from the City of San Diego’s and sex ratios presented in Harkonen et
activities began on July 10, 2013 and previous demolition and construction al., 1999) over the entire duration of the
were halted for the Pacific harbor seal activities at the La Jolla Children’s Pool
pupping season (December 15, 2013 to activities. An unknown portion of the
Lifeguard Station can be found in the
May 30, 2014). During 115 days of incidental takes will be from repeated
final monitoring reports. The 2013 to
visual and acoustic observations, Hanan exposures as harbor seals leave and
2014 and 2014 to 2015 monitoring
& Associates counted a total of 61,631 reports can be found online at: http:// return to the Children’s Pool area.
Pacific harbor seals and 26,037 people. www.nmfs.noaa.gov/pr/permits/ Very few California sea lions or
During the 2013 demolition and incidental/construction.htm# northern elephant seals are ever
construction activities, Hanan & childrenspool. observed at the Children’s Pool Beach.
Associates observed a total of 15,673 As noted above, Children’s Pool is
takes by Level B harassment (i.e., alerts, Estimated Take by Incidental
almost exclusively a harbor seal haul-
movements, and flushes) that could be Harassment
out site and on rare occasions, one or
attributed to demolition and Except with respect to certain two California sea lions or a single
construction activities (5,095 takes), the activities not pertinent here, the MMPA juvenile elephant seal have been
general public (8,639 takes), and other defines ‘‘harassment’’ as: Any act of observed on the sand or rocks at, or
sources (1,939 takes). As of April 15, pursuit, torment, or annoyance which (i) near, Children’s Pool. However, as
2014, at least 60 harbor seal pups has the potential to injure a marine noted above, an UME has been in place
(including 2 still births) have been born mammal or marine mammal stock in the since 2013 for California sea lions.
at the Children’s Pool and there has wild [Level A harassment]; or (ii) has According to the NMFS West Coast
been no indication of abandonment. In the potential to disturb a marine Region, California sea lion strandings in
addition to the Pacific harbor seal mammal or marine mammal stock in the January-May of 2015 were over 10 times
sightings, PSOs recorded three sightings wild by causing disruption of behavioral the average stranding level for the same
of California sea lions (1 juvenile, 3 patterns, including, but not limited to,
five-month period during 2004–2012.
adult), and 2 northern elephant seals migration, breathing, nursing, breeding,
The City of San Diego has requested
(both juveniles) at the Children’s Pool. feeding, or sheltering [Level B
take for these species due to their
harassment].
2014 to 2015 The City of San Diego and NMFS potential occurrence at this location and
Hanan & Associates, Inc., on behalf of anticipate takes of Pacific harbor seals, past monitoring experience at this
the City of San Diego, conducted marine California sea lions, and northern location. As the previous IHA
mammal monitoring at seven locations elephant seals by Level B (behavioral) authorized take of two individual sea
during demolition and construction harassment only incidental to visual lions incidental to construction
activities at the Children’s Pool disturbance associated with the sand activities at Children’s Pool, and
Lifeguard Station in La Jolla, California quality study sand sampling activities at numbers of sea lion sightings have been
from August 6, 2014 to March 15, 2015. the Children’s Pool Beach. No takes by over 10 times the average, we estimate
Construction activities began on August injury (Level A harassment), serious that up to 20 individuals may be
6, 2014 and were halted for the Pacific injury, or mortality are expected. NMFS incidentally taken by Level B
harbor seal pupping season (December will consider pinnipeds behaviorally harassment equating to 320 exposures
15, 2014 to May 30, 2015). During 127 reacting to the sand sampling activities (conservatively assuming 20 × 16
days of visual and acoustic by flushing into the water, moving more sampling events). As only one or two
observations, Hanan & Associates than twice the animal’s body length but northern elephant seals are known to
counted a total of 63,598 Pacific harbor not into the water; becoming alert and occur rarely at Children’s Pool Beach, it
seals and 27,844 people. During the moving more than twice its body length; was conservatively estimated that 16
2014 demolition and construction and changing direction of current individuals would be exposed to Level
activities, Hanan & Associates observed movements by individuals as behavioral B harassment for a total of 16 takes
a total of 20,259 takes by Level B criteria for take by Level B harassment. (assuming one present for each of the 16
harassment (i.e., alerts, movements, and With proposed sand sampling sampling events). Therefore, NMFS
flushes) that could be attributed to activities scheduled to begin in May proposes authorizing the following
demolition and construction activities 2016, the City of San Diego expects a numbers of incidental takes (i.e., Level
(7,424 takes), the general public (10,000 range of harbor seals to be present daily B harassment): 3,040 Pacific harbor
seals (600 individuals), 320 California
mstockstill on DSK4VPTVN1PROD with NOTICES
takes), and other sources (2,835 takes). during June with a maximum of up to
As of March 13, 2015, at least 60 harbor 190 individuals and a seasonal decline sea lions (20 individuals), and 16
seal pups (including 6 still or premature through November to about 0 to 50 northern elephant seals (16 individuals).
births) have been born at the Children’s harbor seals present daily. As not all of More information on the number of
Pool and there has been no indication the sampling activities have been takes authorized, and the approximate
of abandonment. In addition to the planned, and there is uncertainty percentage of the stock for the three
Pacific harbor seal sightings, 366 regarding the timing and number of all species in the proposed action area can
sightings of California sea lions (93 at activities, we have assumed the be found in Table 3 (below).
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![Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices 19149
TABLE 3—SUMMARY OF THE AUTHORIZED INCIDENTAL TAKE BY LEVEL B HARASSMENT OF PINNIPEDS FOR THE CITY OF
SAN DIEGO’S PROPOSED SAND QUALITY STUDY ACTIVITIES GENERATING VISUAL AND AUDITORY STIMULI AT THE
CHILDREN’S POOL BEACH IN LA JOLLA, CA.
Approximate
Take Estimated percentage
authorization number of of estimated Population
Species Abundance
(number of individuals stock (takes trend
exposures) taken authorized/
population)
Pacific harbor seal ................. 3,040 600 30,968—California stock ...... 10 Increased in California 1981
to 2004.
California sea lion .................. 320 20 296,750—U.S. stock ............. 0.1 Increasing.
Northern elephant seal .......... 16 16 179,000—California breeding <0.01 Increasing 3.8% annually
stock. since 1988.
Analysis and Preliminary (6) The effectiveness of monitoring human presence (Hanan, 2004; Hanan &
Determinations and mitigation measures. Associates, 2011) (see http://
Behavioral disturbance may www.youtube.com/
Negligible Impact
potentially occur incidental to the watch?v=4IRUYVTULsg), and it is
Negligible impact is ‘‘an impact anticipated that takes would likely be of
visual presence of humans and sand
resulting from the specified activity that lesser intensity than would be expected
sampling activities; however, pinnipeds
cannot be reasonably expected to, and is at other locations.
at this site have likely adapted or
not reasonably likely to, adversely affect No injuries (Level A harassment),
the species or stock through effects on become acclimated to human presence
serious injuries, or mortalities are
annual rates of recruitment or survival’’ at this site. The City of San Diego has
anticipated to occur as a result of the
(50 CFR 216.103). A negligible impact designated Children’s Pool Beach as a City of San Diego’s sand sampling
finding is based on the lack of likely shared use beach. Many activities activities, and none are proposed for
adverse effects on annual rates of currently take place at Children’s Pool authorization by NMFS. The proposed
recruitment or survival (i.e., population- Beach and the surrounding shoreline activities are not expected to result in
level effects). An estimate of the number areas including swimming, SCUBA the alteration of reproductive behaviors
of Level B harassment takes, alone, is diving, surfing, kayaking, tide pooling, because of the moratorium on access to
not enough information on which to and nature watching. These the beach during the pupping season,
base an impact determination. In ‘‘urbanized’’ harbor seals do not exhibit and the potentially affected species
addition to considering estimates of the sensitivity at a level similar to that would be subjected to only temporary
number of marine mammals that might noted in harbor seals in some other and minor behavioral impacts.
be ‘‘taken’’ through behavioral regions affected by human disturbance As discussed in detail above, the
harassment, NMFS must consider other (Allen et al., 1984; Suryan and Harvey, proposed project scheduling avoids
factors, such as the likely nature of any 1999; Henry and Hammil, 2001; Johnson sensitive life stages for Pacific harbor
responses (their intensity, duration, and Acevedo-Gutierrez, 2007; Jansen et seals. Proposed project activities will
etc.), the context of any responses al., 2006; Hanan & Associates, 2011). commence June 1 and end by December
(critical reproductive time or location, For example, during monitoring for 15. The commencement date occurs
migration, etc.), as well as the number construction for the Children’s Pool after the end of the pupping season,
and nature of estimated Level A Lifeguard Station, equipment noise and affords additional time to accommodate
harassment takes, the number of visual cues at times have caused seals lactation and weaning of late-season
estimated mortalities, and effects on to alert/flush, while at other times the pups, and takes into account periods of
habitat. same stimuli have produced no reaction lowest haul-out occurrence. The end
In making a negligible impact (City of San Diego, 2015). Per the City date falls approximately two weeks
determination, NMFS evaluated factors of San Diego (2015), ‘‘[a]t the individual prior to January 1, the time after which
such as: level, a newly arrived seal (which swam most births occur, providing protection
(1) The number of anticipated in from another area) may not have for pregnant and nursing harbor seals
injuries, serious injuries, or mortalities; habituated to humans and noise as have that may give birth before January 1.
(2) The number, nature, and intensity, seals that have been onsite for a while. Table 3 of this document outlines the
and duration of Level B harassment; and These recent arrivals may alert to visual number of Level B harassment takes that
(3) The context in which the takes stimuli, perhaps flushing to the water. are anticipated as a result of these
occur (i.e., impacts to areas of But after a few days using this beach proposed activities. Due to the nature,
significance, impacts to local during the non-pupping season (when degree, and context of Level B
populations, and cumulative impacts humans are also present on the beach), (behavioral) harassment anticipated and
when taking into account successive/ we would expect them to habituate and described (see ‘‘Potential Effects on
contemporaneous actions when added generally not react to humans unless Marine Mammals’’ section above) in this
mstockstill on DSK4VPTVN1PROD with NOTICES
to baseline data); very close to them (Hanan 2004, Hanan notice, this activity is not expected to
(4) The status of the stock or species & Associates 2011, Hanan and Hanan impact rates of annual recruitment or
of marine mammals (i.e., depleted, not 2014).’’ Therefore, there is a high survival for the affected species or stock
depleted, decreasing, increasing, stable, likelihood that many of the harbor seals (i.e., California stock of Pacific harbor
impact relative to the size of the present during the proposed sand seals, U.S. stock of California sea lions,
population); sampling activities would not be and California breeding stock of
(5) Impacts on habitat affecting rates flushed off of the beach or rocks, as northern elephant seals), particularly
of recruitment/survival; and pinnipeds at this site are conditioned to given the proposed mitigation,
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![Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices 19151
at the Children’s Pool Beach in La Jolla, 5. Mitigation and Monitoring distribution, bearing and distance
CA, provided the previously mentioned Requirements relative to the sampling technicians
mitigation, monitoring, and reporting The City of San Diego is required to (stimuli), group cohesiveness, duration
requirements are incorporated. The implement the following mitigation and of presence, apparent reaction to sand
proposed IHA language is provided monitoring requirements when sampling activities (e.g., none,
below: conducting the specified activities: avoidance, approach, etc.), direction
The City of San Diego,, is hereby Sand Sampling Activities Prohibited and speed of travel, duration of
authorized under section 101(a)(5)(D) of During Pupping Season presence, and if there are other causes
the Marine Mammal Protection Act (16 of potential disturbance occurring;
U.S.C. 1371(a)(5)(D)), to harass small (a) The sand sampling activities shall (ii) Date, time, location, sand
numbers of marine mammals incidental be prohibited until June 1, 2016 and sampling activity (walking; surface
to the sand quality study activities at the shall be completed prior to December sampling; subsurface sampling
Children’s Pool Beach, June 1 through 15, 2016. [hammering], etc), monitoring and
December 14, 2016, contingent upon the Daily Sand Sampling Timing mitigation measures implemented (or
following conditions: not implemented), tidal stage, weather
1. Effective Dates (b) To the maximum extent conditions, Beaufort sea state, wind
practicable, sand sampling activities speed, visibility, and sun glare; and
This Authorization is valid from June
shall be conducted from approximately (iii) The data listed under Condition
1, 2016 through June 30, 2017.
8:30 a.m. to 3:30 p.m.,; however, sand 6(g)(ii) shall also be recorded at the start
2. Specified Geographic Region
sampling activities may be extended and end of each observation watch and
This Authorization is valid only for
from 7 a.m. to 7 p.m. (i.e., daylight during a watch whenever there is a
the sand sampling activities at the
hours). change in one or more variables.
Children’s Pool Beach that shall occur
in the following specified geographic Protected Species Observers (g) A PSO shall also record the time
area: of arrival and departure on site,
(c) A trained Protected Species commencement and cessation of sand
The La Jolla Children’s Pool Beach at Observer (PSO) shall attend the project
850 Coast Boulevard, La Jolla California sampling activities, and presence of
site 30 minutes prior until 30 minutes humans on the beach. Whenever
92037 (32° 50′51.18″ North, 117° after sand sampling activities cease each
16′41.94″ West), as specified in the City possible, the PSO should determine as
day throughout the sand quality study to whether or not the harassment of
of San Diego’s IHA application. window. The PSO shall be approved by
3. Species Authorized and Level of pinnipeds is attributable to the sand
NMFS prior to commencement of sampling activities and/or the presence
Takes activities. The PSO shall search for
(a) The incidental taking of marine of the public on the beach and around
marine mammals using binoculars and/ the Children’s Pool area. A PSO shall
mammals, by Level B harassment only, or the naked eye within the study area.
is limited to the following species in the record the number of people on the
The PSO will observe from a station beach and surrounding areas as well as
La Jolla, California area: along the breakwater wall (weather
(i) Pinnipeds—see Table 3 (above) for their location relative to the animals.
permitting) as well as the base of the
authorized species and take numbers. cliff. Approach Buffer Zones
(ii) If any marine mammal species are (d) In the event that fur seals are (h) Buffer zones shall be established
encountered during sand sampling observed either on the rocks, beach, or such that sand sampling technicians
activities that are not listed in Table 3 in the water at Children’s Pool Beach will remain at least three meters from
(above) and are likely to be taken by the prior to commencement of sand any hauled out pinniped at all times.
sand quality study activities, then the collection activities, these activities will 6. Reporting Requirements
City of San Diego must shut-down be postponed until coordination with The City of San Diego is required to:
operations to avoid take. the stranding network is complete (a) Submit a draft report on all
(b) The taking by injury (Level A (including any potential 24-hour or 48- activities and monitoring results to the
harassment), serious injury, or death of hour wait/observation period) and/or Office of Protected Resources, NMFS,
any of the species listed in Condition the animal either leaves, or is collected within 90 days of the completion of the
3(a) above, or the taking of any kind of by the stranding network. sand sampling activities at the
any other species of marine mammal, is (e) The PSO shall use visual digital Children’s Pool Beach. This report must
prohibited and may result in the recordings and photographs to contain and summarize the following
modification, suspension or revocation document individuals and behavioral information:
of this Authorization. responses to the sand sampling (i) Dates, times, locations, weather,
The methods authorized for taking by activities. The PSO shall make hourly sea conditions (including Beaufort sea
Level B harassment are limited to visual counts of the number of pinnipeds state and wind speed), and associated
stimuli associated with sand sampling present and record events that result in activities during all sand sampling
activities (walking beach transects, behavioral responses and changes, activities and marine mammal sightings;
taking sand surface samples, and taking whether due to sand sampling activities (ii) Species, number, location,
subsurface samples, including or from public stimuli. During these distance from the PSO, and behavior of
hammering core samples with a rubber events, pictures and videos will be any marine mammals, as well as
mallet) without an amendment to this taken when possible to document associated sand sampling activities,
mstockstill on DSK4VPTVN1PROD with NOTICES
Authorization: individuals and behavioral responses. observed throughout all monitoring
4. Prohibited Take (f) A PSO shall record the following activities.
The taking of any marine mammal in information when a marine mammal is (iii) An estimate of the number (by
a manner prohibited under this sighted: species) of marine mammals that are
Authorization must be reported (i) Species, group size, age/size/sex known to have been exposed to the sand
immediately to the Office of Protected categories (if determinable), behavior sampling activities (based on visual
Resources, National Marine Fisheries when first sighted and after initial observation) with a discussion of any
Service (NMFS), at 301–427–8401. sighting, heading (if consistent), specific behaviors those individuals
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![19152 Federal Register / Vol. 81, No. 64 / Monday, April 4, 2016 / Notices
exhibited. NMFS will consider minimize the likelihood of further commence until the animal(s) either
pinnipeds flushing into the water; prohibited take and ensure MMPA leave or are collected by the stranding
moving more than twice their body compliance. The City of San Diego may network. The City will also report the
length, but not into the water; and not resume their activities until notified incident to the Chief of the Permits and
changing direction of current movement by NMFS via letter or email, or via Conservation Division, Office of
by individuals as behavioral criteria for telephone. Protected Resources, NMFS within 24
take by Level B harassment. hours of the discovery. The City of San
(iv) A description of the Reporting an Injured or Dead Marine
Mammal With an Unknown Cause of Diego shall provide photographs or
implementation and effectiveness of the video footage (if available) or other
monitoring and mitigation measures of Death
documentation of the stranded animal
the IHA. In the event that the City of San Diego sighting to NMFS and the Marine
(b) Submit a final report to the Chief, discovers an injured or dead marine Mammal Stranding Network. Activities
Permits and Conservation Division, mammal, and the lead PSO determines may continue after the animal(s) are no
Office of Protected Resources, NMFS, that the cause of the injury or death is longer present while NMFS reviews the
within 30 days after receiving comments unknown and the death is relatively circumstances of the incident.
from NMFS on the draft report. If NMFS recent (i.e., in less than a moderate state 9. A copy of this Authorization must
decides that the draft report needs no of decomposition as described in the be in the possession of all contractors
comments, the draft report shall be next paragraph), the City of San Diego and PSOs operating under the authority
considered to be the final report. will immediately report the incident to of this IHA.
7. In the unanticipated event that the the Chief of the Permits and
City of San Diego discovers a live Conservation Division, Office of Request for Public Comments
stranded marine mammal (sick and/or Protected Resources, NMFS and the NMFS requests comment on our
injured, or if any fur seals are observed) NMFS West Coast Regional Office and/ analysis, the draft authorization, and
at Children’s Pool, they shall or the West Coast Regional Stranding any other aspect of the preliminary
immediately contact Sea World’s Coordinator. The report must include determinations and notice of the
stranded animal hotline at 1–800–541– the same information identified in the proposed IHA for the City of San Diego’s
7235. Sea World shall also be notified Condition 8(a) above. Activities may sand quality study activities at the La
for dead stranded pinnipeds so that a continue while NMFS reviews the Jolla Children’s Pool Beach. Please
necropsy can be performed. In all cases, circumstances of the incident. NMFS include with your comments any
the NMFS stranding coordinator shall will work with the City of San Diego to supporting data or literature citations to
be notified as well, but for immediate determine whether modifications in the help inform our final decision on the
responses purposes, Sea World shall be activities are appropriate. City of San Diego’s request for an
contacted first. MMPA authorization.
Reporting an Injured or Dead Marine
Reporting Prohibited Take Mammal Not Related to the Activities Dated: March 29, 2016.
8. In the unanticipated event that the In the event that the City of San Diego Wanda L. Cain,
specified activity clearly causes the take discovers an injured or dead marine Acting Deputy Director, Office of Protected
of a marine mammal in a manner mammal, and the lead PSO determines Resources, National Marine Fisheries Service.
prohibited by this Authorization, such that the injury or death is not associated [FR Doc. 2016–07623 Filed 4–1–16; 8:45 am]
as an injury (Level A harassment), with or related to the activities BILLING CODE 3510–22–P
serious injury or mortality, the City of authorized in Condition 2 to 4 of this
San Diego shall immediately cease the Authorization (e.g., previously wounded
specified activities and immediately animal, carcass with moderate to DEPARTMENT OF DEFENSE
report the incident to the Chief of the advanced decomposition, or scavenger
Permits and Conservation Division, damage), the City of San Diego shall Office of the Secretary
Office of Protected Resources, NMFS report the incident to the Chief of the
[Docket ID: DoD–2016–HA–0032]
and the West Coast Regional Stranding Permits and Conservation Division,
Coordinator. The report must include Office of Protected Resources, NMFS Proposed Collection; Comment
the following information: and the NMFS West Coast Regional Request
(a) Time, date, and location (latitude/ Office and/or the West Coast Regional
longitude) of the incident; the type of Stranding Coordinator within 24 hours AGENCY: Office of the Assistant
activity involved; description of the of the discovery. The City of San Diego Secretary of Defense for Health Affairs,
circumstances during and leading up to shall provide photographs or video DoD.
the incident; water depth; footage (if available) or other ACTION: Notice.
environmental conditions (e.g., wind documentation of the stranded animal
speed and direction, Beaufort sea state, sighting to NMFS and the Marine SUMMARY: In compliance with the
cloud cover, and visibility); description Mammal Stranding Network. Activities Paperwork Reduction Act of 1995, the
of marine mammal observations in the may continue while NMFS reviews the Office of the Assistant Secretary of
24 hours preceding the incident; species circumstances of the incident. Defense for Health Affairs announces a
identification or description of the proposed extension of a public
animal(s) involved; the fate of the Reporting Any Presence of Fur Seals information collection and seeks public
mstockstill on DSK4VPTVN1PROD with NOTICES
animal(s); and photographs or video In the event that the City of San Diego comment on the provisions thereof.
footage of the animal (if equipment is discovers any fur seals hauled out on Comments are invited on: (a) Whether
available). the rocks or in sand at Children’s Pool the proposed collection of information
Activities shall not resume until Beach prior to commencing sand is necessary for the proper performance
NMFS is able to review the sampling activities for the day, the City of the functions of the agency, including
circumstances of the prohibited take. of San Diego shall contact the West whether the information shall have
NMFS shall work with the City of San Coast Regional Stranding Coordinator practical utility; (b) the accuracy of the
Diego to determine what is necessary to and sand sampling activities will not agency’s estimate of the burden of the
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Document Created: 2016-04-02 03:53:25
Document Modified: 2016-04-02 03:53:25
| 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; proposed Incidental Harassment Authorization (IHA); request for comments. | |
| Dates | Comments and information must be received no later than May 4, 2016. | |
| Contact | Dale Youngkin, Office of Protected Resources, NMFS, 301-427-8401. | |
| FR Citation | 81 FR 19137 | |
| RIN Number | 0648-XE46 |
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