81_FR_22122 81 FR 22050 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

81 FR 22050 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 81, Issue 72 (April 14, 2016)

Page Range22050-22058
FR Document2016-08587

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Sonoma County Water Agency (SCWA) to incidentally harass, by Level B harassment only, three species of marine mammals during estuary management activities conducted at the mouth of the Russian River, Sonoma County, California.

Federal Register, Volume 81 Issue 72 (Thursday, April 14, 2016)
[Federal Register Volume 81, Number 72 (Thursday, April 14, 2016)]
[Notices]
[Pages 22050-22058]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-08587]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XE428


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Russian River Estuary Management 
Activities

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the Sonoma County Water Agency (SCWA) to incidentally harass, by Level 
B harassment only, three species of marine mammals during estuary 
management activities conducted at the mouth of the Russian River, 
Sonoma County, California.

DATES: This IHA is effective for the period of one year, from April 21, 
2016, through April 20, 2017.

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

SUPPLEMENTARY INFORMATION:

Availability

    Electronic copies of SCWA's application and any supporting 
documents, as well as a list of the references cited in this document, 
may be obtained by visiting the internet at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In the case of problems accessing 
these documents, please call the contact listed above. NMFS' 
Environmental Assessment (2010) and associated Finding of No 
Significant Impact, prepared pursuant to the National Environmental 
Policy Act, and NMFS' Biological Opinion (2008) on the effects of 
Russian River management activities on salmonids, prepared pursuant to 
the Endangered Species Act, are also available at the same site.

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request by U.S. 
citizens who engage in a specified activity (other than commercial 
fishing) within a specified area, the incidental, but not intentional, 
taking of small numbers of marine mammals, providing that certain 
findings are made and the necessary prescriptions are established.
    The incidental taking of small numbers of marine mammals may be 
allowed only if NMFS (through authority delegated by the Secretary) 
finds that the total taking by the specified activity during the 
specified time period will (i) have a negligible impact on the species 
or stock(s) and (ii) not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant). Further, the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such taking 
must be set forth.
    The allowance of such incidental taking under section 101(a)(5)(A), 
by harassment, serious injury, death, or a combination thereof, 
requires that regulations be established. Subsequently, a Letter of 
Authorization may be issued pursuant to the prescriptions established 
in such regulations, providing that the level of taking will be 
consistent with the findings made for the total taking allowable under 
the specific regulations. Under section 101(a)(5)(D), NMFS may 
authorize such incidental taking by harassment only, for periods of not 
more than one year, pursuant to requirements and conditions contained 
within an IHA. The establishment of these prescriptions requires notice 
and opportunity for public comment.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as ``. . . 
an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.'' Except with respect to certain activities 
not pertinent here, section 3(18) of the MMPA defines ``harassment'' 
as: ``. . . any act of pursuit, torment, or annoyance which (i) has the 
potential to injure a marine mammal or marine mammal stock in the wild 
[Level A harassment]; or (ii) has the potential to disturb a marine 
mammal or marine mammal stock in the wild by causing disruption of 
behavioral patterns, including, but not limited to, migration, 
breathing, nursing, breeding, feeding, or sheltering [Level B 
harassment].''

Summary of Request

    On January 20, 2016, we received an adequate and complete request 
from SCWA for authorization of the taking of marine mammals incidental 
to Russian River estuary management activities in

[[Page 22051]]

Sonoma County, California. SCWA plans to continue ongoing actions 
necessary to manage the naturally-formed barrier beach at the mouth of 
the Russian River in order to minimize potential for flooding adjacent 
to the estuary and to enhance habitat for juvenile salmonids, as well 
as to conduct biological and physical monitoring of the barrier beach 
and estuary. Flood control-related breaching of barrier beach at the 
mouth of the river may include artificial breaches, as well as 
construction and maintenance of a lagoon outlet channel. The latter 
activity, an alternative management technique conducted to mitigate 
impacts of flood control on rearing habitat for Endangered Species Act 
(ESA)-listed salmonids, occurs only from May 15 through October 15 
(hereafter, the ``lagoon management period''). Artificial breaching and 
monitoring activities may occur at any time during the one-year period 
of validity of the IHA.
    Breaching of naturally-formed barrier beach at the mouth of the 
Russian River requires the use of heavy equipment (e.g., bulldozer, 
excavator) and increased human presence, and monitoring in the estuary 
requires the use of small boats. As a result, pinnipeds hauled out on 
the beach or at peripheral haul-outs in the estuary may exhibit 
behavioral responses that indicate incidental take by Level B 
harassment under the MMPA. Species known from the haul-out at the mouth 
of the Russian River or from peripheral haul-outs, and therefore 
anticipated to be taken incidental to the specified activity, include 
the harbor seal (Phoca vitulina richardii), California sea lion 
(Zalophus californianus), and northern elephant seal (Mirounga 
angustirostris).
    This is the seventh such IHA issued to SCWA. SCWA was first issued 
an IHA, valid for a period of one year, effective on April 1, 2010 (75 
FR 17382), and was subsequently issued one-year IHAs for incidental 
take associated with the same activities, effective on April 21, 2011 
(76 FR 23306), April 21, 2012 (77 FR 24471), April 21, 2013 (78 FR 
23746), April 21, 2014 (79 FR 20180), and April 21, 2015 (80 FR 24237).

Description of the Specified Activity

    Additional detail regarding the specified activity was provided in 
our Federal Register notice of proposed authorization (81 FR 8924; 
February 23, 2016) and in past notices cited herein; please see those 
documents or SCWA's application for more information.

Overview

    The planned action involves management of the estuary to prevent 
flooding while preventing adverse modification to critical habitat for 
ESA-listed salmonids. Requirements related to the ESA are described in 
further detail below. During the lagoon management period, this 
involves construction and maintenance of a lagoon outlet channel that 
would facilitate formation of a perched lagoon. A perched lagoon, which 
is an estuary closed to tidal influence in which water surface 
elevation is above mean high tide, reduces flooding while maintaining 
beneficial conditions for juvenile salmonids. Additional breaches of 
barrier beach may be conducted for the sole purpose of reducing flood 
risk. SCWA's planned activity was described in detail in our notice of 
proposed authorization prior to the 2011 IHA (76 FR 14924; March 18, 
2011); please see that document for a detailed description of SCWA's 
estuary management activities. Aside from minor additions to SCWA's 
biological and physical estuary monitoring measures, the specified 
activity remains the same as that described in the 2011 document.

Dates and Duration

    The specified activity may occur at any time during the one-year 
timeframe (April 21, 2016, through April 20, 2017) of the IHA, although 
construction and maintenance of a lagoon outlet channel will occur only 
during the lagoon management period. In addition, there are certain 
restrictions placed on SCWA during the harbor seal pupping season. 
These, as well as periodicity and frequency of the specified 
activities, are described in further detail below.

Specific Geographic Region

    The estuary is located about 97 km (60 mi) northwest of San 
Francisco in Sonoma County, near Jenner, California (see Figure 1 of 
SCWA's application). The Russian River watershed encompasses 3,847 
km\2\ (1,485 mi\2\) in Sonoma, Mendocino, and Lake Counties. The mouth 
of the Russian River is located at Goat Rock State Beach (see Figure 2 
of SCWA's application); the estuary extends from the mouth upstream 
approximately 10 to 11 km (6-7 mi) between Austin Creek and the 
community of Duncans Mills (Heckel and McIver, 1994).

Detailed Description of Activities

    Within the Russian River watershed, the U.S. Army Corps of 
Engineers (Corps), SCWA and the Mendocino County Russian River Flood 
Control and Water Conservation Improvement District (District) operate 
and maintain federal facilities and conduct activities in addition to 
the estuary management, including flood control, water diversion and 
storage, instream flow releases, hydroelectric power generation, 
channel maintenance, and fish hatchery production. As described in the 
notice of proposed IHA, NMFS issued a 2008 Biological Opinion (BiOp) 
for Water Supply, Flood Control Operations, and Channel Maintenance 
conducted by the Corps, SCWA and the District in the Russian River 
watershed (NMFS, 2008). This BiOp found that the activities--including 
SCWA's estuary management activities prior to the BiOp--authorized by 
the Corps and undertaken by SCWA and the District, if continued in a 
manner similar to recent historic practices, were likely to jeopardize 
the continued existence of ESA-listed salmonids and were likely to 
adversely modify critical habitat. In part, therefore, the BiOp 
requires SCWA to collaborate with NMFS and modify their estuary water 
level management in order to reduce marine influence (i.e., high 
salinity and tidal inflow) and promote a higher water surface elevation 
in the estuary in order to enhance the quality of rearing habitat for 
juvenile salmonids. SCWA is also required to monitor the response of 
water quality, invertebrate production, and salmonids in and near the 
estuary to water surface elevation management in the estuary-lagoon 
system.
    There are three components to SCWA's ongoing estuary management 
activities: (1) Lagoon outlet channel management, during the lagoon 
management period only, required to accomplish the dual purposes of 
flood risk abatement and maintenance of juvenile salmonid habitat; (2) 
traditional artificial breaching, with the sole objective of flood risk 
abatement; and (3) physical and biological monitoring in and near the 
estuary, required under the terms of the BiOp, to understand response 
to water surface elevation management in the estuary-lagoon system. The 
latter category (physical and biological monitoring) includes all 
ancillary beach and/or estuary monitoring activities, including 
topographic and geophysical beach surveys and biological and physical 
habitat monitoring in the estuary. Please see the previously referenced 
Federal Register notice (76 FR 14924; March 18, 2011) for detailed 
discussion of lagoon outlet channel management, artificial breaching, 
and other physical and biological monitoring activities, as well as our 
in our Federal Register notice of proposed authorization for this

[[Page 22052]]

authorization (81 FR 8924; February 23, 2016) for descriptions of minor 
changes to physical and biological monitoring activities.

Comments and Responses

    We published a notice of receipt of SCWA's application and proposed 
IHA in the Federal Register on February 23, 2016 (81 FR 8924). During 
the thirty-day comment period, we received a letter from the Marine 
Mammal Commission (Commission). The Commission recommends that we issue 
the requested authorization, subject to inclusion of the proposed 
mitigation and monitoring measures as described in our notice of 
proposed IHA and the application. All measures proposed in the initial 
Federal Register notice are included within the IHA.

Description of Marine Mammals in the Area of the Specified Activity

    The marine mammal species that may be harassed incidental to 
estuary management activities are the harbor seal, California sea lion, 
and the northern elephant seal. We presented a detailed discussion of 
the status of these stocks and their occurrence in the action area in 
the notice of the proposed IHA (81 FR 8924; February 23, 2016).
    Ongoing monthly harbor seal counts at the Jenner haul-out were 
begun by J. Mortenson in January 1987, with additional nearby haul-outs 
added to the counts thereafter. In addition, local resident E. Twohy 
began daily observations of seals and people at the Jenner haul-out in 
November 1989. These datasets note whether the mouth at the Jenner 
haul-out was opened or closed at each observation, as well as various 
other daily and annual patterns of haul-out usage (Mortenson and Twohy, 
1994). Recently, SCWA began regular baseline monitoring of the haul-out 
as a component of its estuary management activity. In the notice of 
proposed IHA, we presented average daily numbers of seals observed at 
the mouth of the Russian River from 1993-2005 and from 2009-15 (see 
Table 1; 81 FR 8924; February 23, 2016).

Potential Effects of the Specified Activity on Marine Mammals

    We provided a detailed discussion of the potential effects of the 
specified activity on marine mammals in the notice of the proposed IHA 
(81 FR 8924; February 23, 2016). A summary of anticipated effects is 
provided below.
    A significant body of monitoring data exists for pinnipeds at the 
mouth of the Russian River. In addition, pinnipeds have co-existed with 
regular estuary management activity for decades as well as with regular 
human use activity at the beach, and are likely habituated to human 
presence and activity. Nevertheless, SCWA's estuary management 
activities have the potential to disturb pinnipeds present on the beach 
or at peripheral haul-outs in the estuary. During breaching operations, 
past monitoring has revealed that some or all of the seals present 
typically move or flush from the beach in response to the presence of 
crew and equipment, 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 since SCWA developed protocols to prevent such events in 
1999. While it is likely impossible to conduct required estuary 
management activities without provoking some response in hauled-out 
animals, precautionary mitigation measures, described later in this 
document, ensure that animals are gradually apprised of human approach. 
Under these conditions, seals typically 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 addition, eight other haul-
outs exist nearby that may accommodate flushed seals. In the absence of 
appropriate mitigation measures, it is possible that pinnipeds could be 
subject to injury, serious injury, or mortality, likely through 
stampeding or abandonment of pups.
    California sea lions and northern elephant seals, which have been 
noted only infrequently in the action area, have been observed as less 
sensitive to stimulus than harbor seals during monitoring at numerous 
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, 2011). 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--less 
than that expected of harbor seals.
    Although the Jenner haul-out is not known as a primary pupping 
beach, harbor seal pups have been observed during the pupping season; 
therefore, we have evaluated the potential for injury, serious injury 
or mortality to pups. There is a lack of published data regarding 
pupping at the mouth of the Russian River, but SCWA monitors have 
observed pups on the beach. No births were observed during recent 
monitoring, but were inferred based on signs indicating pupping (e.g., 
blood spots on the sand, birds consuming possible placental remains). 
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 since development 
of appropriate protocols in 1999. 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.
    Similarly, the period of mother-pup bonding, critical time needed 
to ensure pup survival and maximize pup health, is not expected to be 
impacted by estuary management 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. Although pupping 
season is defined as March 15-June 30, the peak of pupping season is 
typically concluded by mid-May, when the lagoon management period 
begins. As such, it is expected that most mother-pup bonding would 
likely be concluded as well. The number of management events during the 
months of March and April has been relatively low in the past, and the 
breaching activities occur in a single day over several hours. 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.
    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, is not expected--nor 
been documented--in the years since appropriate protocols were 
established (see Mitigation for more details). Further, the continued,

[[Page 22053]]

and increasingly heavy (see SCWA's monitoring report), use of the haul-
out despite decades of breaching events indicates that abandonment of 
the haul-out is unlikely.

Anticipated Effects on Habitat

    We provided a detailed discussion of the potential effects of this 
action on marine mammal habitat in the notice of the proposed IHA (81 
FR 8924; February 23, 2016). SCWA's estuary management activities will 
result in temporary physical alteration of the Jenner haul-out. With 
barrier beach closure, seal usage of the beach haul-out declines, and 
the three nearby river haul-outs may not be available for usage due to 
rising water surface elevations. Breaching of the barrier beach, 
subsequent to the temporary habitat disturbance, will likely increase 
suitability and availability of habitat for pinnipeds. Biological and 
water quality monitoring will not physically alter pinniped habitat.
    In summary, there will be temporary physical alteration of the 
beach. However, natural opening and closure of the beach results in the 
same impacts to habitat; therefore, seals are likely adapted to this 
cycle. In addition, the increase in rearing habitat quality has the 
goal of increasing salmonid abundance, ultimately providing more food 
for seals present within the action area. Thus, any impacts to marine 
mammal habitat are not expected to cause significant or long-term 
consequences for individual marine mammals or their populations.

Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable 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.
    SCWA will continue the following mitigation measures, as 
implemented during the previous IHAs, designed to minimize impact to 
affected species and stocks:
     SCWA crews will cautiously approach (e.g., walking slowly 
with limited arm movement and minimal sound) the haul-out ahead of 
heavy equipment to minimize the potential for sudden flushes, which may 
result in a stampede--a particular concern during pupping season.
     SCWA staff will avoid walking or driving equipment through 
the seal haul-out.
     Crews on foot will make an effort to be seen by seals from 
a distance, if possible, rather than appearing suddenly at the top of 
the sandbar, again preventing sudden flushes.
     During breaching events, all monitoring will be conducted 
from the overlook on the bluff along Highway 1 adjacent to the haul-out 
in order to minimize potential for harassment.
     A water level management event may not occur for more than 
two consecutive days unless flooding threats cannot be controlled.
    In addition, SCWA will continue mitigation measures specific to 
pupping season (March 15-June 30), as implemented in the previous IHA:
     SCWA will maintain a one-week no-work period between water 
level management events (unless flooding is an immediate threat) to 
allow for an adequate disturbance recovery period. During the no-work 
period, equipment must be removed from the beach.
     If a pup less than one week old is on the beach where 
heavy machinery will be used or on the path used to access the work 
location, the management action will be delayed until the pup has left 
the site or the latest day possible to prevent flooding while still 
maintaining suitable fish rearing habitat. In the event that a pup 
remains present on the beach in the presence of flood risk, SCWA will 
consult with NMFS to determine the appropriate course of action. SCWA 
will coordinate with the locally established seal monitoring program 
(Stewards' Seal Watch) to determine if pups less than one week old are 
on the beach prior to a breaching event.
     Physical and biological monitoring (including topographic 
and geophysical beach surveys) will not be conducted if a pup less than 
one week old is present at the monitoring site or on a path to the 
site.
     Any jetty study activities in the vicinity of the harbor 
seal haul-out will not occur during the pupping season.
    Equipment will be driven slowly on the beach and care will be taken 
to minimize the number of shutdowns and start-ups when the equipment is 
on the beach. All work will be completed as efficiently as possible, 
with the smallest amount of heavy equipment possible, to minimize 
disturbance of seals at the haul-out. Boats operating near river haul-
outs during monitoring will be kept within posted speed limits and 
driven as far from the haul-outs as safely possible to minimize 
flushing seals.
    We have carefully evaluated SCWA's planned mitigation measures and 
considered their effectiveness in past implementation to determine 
whether they are likely to effect the least practicable impact on the 
affected marine mammal species and stocks and their habitat. Our 
evaluation of potential measures included consideration of the 
following factors in relation to one another: (1) The manner in which, 
and the degree to which, the successful implementation of the measure 
is expected to minimize adverse impacts to marine mammals, (2) the 
proven or likely efficacy of the specific measure to minimize adverse 
impacts as planned; and (3) the practicability of the measure for 
applicant implementation.
    Any mitigation measure(s) we prescribe 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:
     Avoidance or minimization of injury or death of marine 
mammals wherever possible (goals 2, 3, and 4 may contribute to this 
goal).
     A reduction in the number (total number or number at 
biologically important time or location) of individual marine mammals 
exposed to stimuli expected to result in incidental take (this goal may 
contribute to 1, above, or to reducing takes by behavioral harassment 
only).
     A reduction in the number (total number or number at 
biologically important time or location) of times any individual marine 
mammal would be exposed to stimuli expected to result in incidental 
take (this goal may contribute to 1, above, or to reducing takes by 
behavioral harassment only).
     A reduction in the intensity of exposure to stimuli 
expected to result in incidental take (this goal may contribute to 1, 
above, or to reducing the severity of behavioral harassment only).
     Avoidance or minimization of adverse effects to marine 
mammal habitat, paying particular attention to the prey base, blockage 
or limitation of passage to or from biologically important areas, 
permanent destruction of habitat, or temporary disturbance of habitat 
during a biologically important time.
     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 our evaluation of SCWA's planned measures and on SCWA's 
record of management at the mouth of

[[Page 22054]]

the Russian River including information from monitoring of SCWA's 
implementation of the mitigation measures as prescribed under the 
previous IHAs, we have determined that the planned 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.

Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking''. The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
incidental take authorizations must include the suggested means of 
accomplishing the necessary monitoring and reporting that will result 
in increased knowledge of the species and of the level of taking or 
impacts on populations of marine mammals that are expected to be 
present in the proposed action area.
    Any monitoring requirement we prescribe should accomplish one or 
more of the following general goals:
    1. An increase in the probability of detecting marine mammals, both 
within defined zones of effect (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 stimuli that we associate with specific adverse 
effects, such as behavioral harassment or hearing threshold shifts;
    3. An increase in our understanding of how marine mammals respond 
to stimuli expected to result in incidental take and how anticipated 
adverse effects on individuals may impact the population, stock, or 
species (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 pertinent information, e.g., received level, 
distance from source);
     Physiological measurements in the presence of stimuli 
compared to observations in the absence of stimuli (need to be able to 
accurately predict pertinent information, e.g., received level, 
distance from source);
     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; or
    5. An increase in our understanding of the effectiveness of certain 
mitigation and monitoring measures.
    SCWA submitted a marine mammal monitoring plan as part of the IHA 
application. It can be found on the Internet at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. The plan has been successfully 
implemented (in slightly different form from the currently proposed 
plan) by SCWA under previous IHAs. The purpose of this monitoring plan, 
which is carried out collaboratively with the Stewards of the Coasts 
and Redwoods (Stewards) organization, is to detect the response of 
pinnipeds to estuary management activities at the Russian River 
estuary. SCWA has designed the plan both to satisfy the requirements of 
the IHA, and to address the following questions of interest:
    1. Under what conditions do pinnipeds haul out at the Russian River 
estuary mouth at Jenner?
    2. How do seals at the Jenner haul-out respond to activities 
associated with the construction and maintenance of the lagoon outlet 
channel and artificial breaching activities?
    3. Does the number of seals at the Jenner haul-out significantly 
differ from historic averages with formation of a summer (May 15 to 
October 15) lagoon in the Russian River estuary?
    4. Are seals at the Jenner haul-out displaced to nearby river and 
coastal haul-outs when the mouth remains closed in the summer?

Monitoring Measures

    SCWA plans to modify the baseline monitoring component of their 
existing 2011 Monitoring Plan in order to better focus monitoring 
effort on the Jenner haul-out. This primary haul-out is where the 
majority of seals are found and where pupping occurs, and SCWA believes 
that the modifications will better allow continued development in 
understanding the physical and biological factors that influence seal 
abundance and behavior at the site. In particular, SCWA notes that 
increasing the frequency of surveys will allow them to be able to 
observe the influence of physical changes that do not persist for more 
than ten days, like brief periods of barrier beach closures or other 
environmental changes. The changes will improve SCWA's ability to 
describe how seals respond to barrier beach closures and allow for more 
accurate estimation of the number of harbor seal pups born at Jenner 
each year.
    Regarding decreased frequency of monitoring at peripheral sites, 
abundance at these sites has been observed to generally be very low 
regardless of river mouth condition. These sites are generally very 
small physically, composed of small rocks or outcrops or logs in the 
river, and therefore could not accommodate significant displacement 
from the main beach haul-out. Monitoring of peripheral sites under 
extended lagoon conditions will allow for possible detection of any 
changed use patterns. In summary, the modifications include increasing 
the frequency of surveys at the Jenner haul-out from twice a month to 
four times a month and reducing the duration of each survey from eight 
to four hours. Baseline visits to the peripheral haul-outs will be 
eliminated except in the case that a lagoon outlet channel is 
constructed and maintained for a prolonged period (over 21 days).
    Baseline Monitoring--As noted above, seals at the Jenner haul-out 
are counted for four hours every week, with no more than four baseline 
surveys each month. Two monitoring events each month will occur in the 
morning and two will occur in the afternoon with an effort to schedule 
a morning survey at low and high tide each month and an afternoon 
survey at low and high tide each month. This baseline information will 
provide SCWA with details that may help to plan estuary management 
activities in the future to minimize pinniped interaction. This census 
begins at local dawn and continues for eight hours. Survey protocols 
are unchanged: All seals hauled out on the beach are counted every 
thirty minutes from the overlook on the bluff along Highway 1 adjacent 
to the haul-out using spotting scopes. Monitoring may conclude for the 
day if weather conditions affect visibility (e.g., heavy fog in the 
afternoon). Depending on how the sandbar is formed, seals may haul out 
in multiple groups at the mouth. At each thirty-minute count, the 
observer indicates where groups of seals are hauled out on the sandbar 
and provides a total count for each group. If possible, adults and pups 
are counted separately.
    In addition to the census data, disturbances of the haul-out are 
recorded. The method for recording disturbances follows those in 
Mortenson (1996). Disturbances will be recorded on a three-point scale 
that represents an increasing seal response to the disturbance. The 
time, source, and duration of the disturbance, as well as an estimated 
distance between the source and haul-out, are recorded. It

[[Page 22055]]

should be noted that only responses falling into Mortenson's Levels 2 
and 3 (i.e., movement or flight) will be considered as harassment under 
the MMPA under the terms of the IHA. Weather conditions are recorded at 
the beginning of each census. These include temperature, Beaufort sea 
state, precipitation/visibility, and wind speed. Tide levels and 
estuary water surface elevations are correlated to the monitoring start 
and end times.
    In an effort towards understanding possible relationships between 
use of the Jenner haul-out and nearby coastal and river haul-outs, 
several other haul-outs on the coast and in the Russian River estuary 
are monitored as well (see Figure 1 of SCWA's monitoring plan). As 
described above, peripheral site monitoring will occur only in the 
event of an extended period of lagoon conditions (i.e., barrier beach 
closed with perched outlet channel).
    Estuary Management Event Monitoring--Activities associated with 
artificial breaching or initial construction of the outlet channel, as 
well as the maintenance of the channel that may be required, will be 
monitored for disturbances to the seals at the Jenner haul-out. A one-
day pre-event channel survey will be made within one to three days 
prior to constructing the outlet channel. The haul-out will be 
monitored on the day the outlet channel is constructed and daily for up 
to the maximum two days allowed for channel excavation activities. 
Monitoring will also occur on each day that the outlet channel is 
maintained using heavy equipment for the duration of the lagoon 
management period. Monitoring will correspond with that described under 
the ``Baseline'' section previously, with the exception that management 
activity monitoring duration is defined by event duration. On the day 
of the management event, pinniped monitoring begins at least one hour 
prior to the crew and equipment accessing the beach work area and 
continues through the duration of the event, until at least one hour 
after the crew and equipment leave the beach.
    In an attempt to understand whether seals from the Jenner haul-out 
are displaced to coastal and river haul-outs nearby when management 
events occur, other nearby haul-outs are monitored concurrently with 
monitoring of outlet channel construction and maintenance activities. 
This provides an opportunity to qualitatively assess whether these 
haul-outs are being used by seals displaced from the Jenner haul-out. 
This monitoring will not provide definitive results regarding 
displacement to nearby coastal and river haul-outs, as individual seals 
are not marked, but is useful in tracking general trends in haul-out 
use during disturbance. As volunteers are required to monitor these 
peripheral haul-outs, haul-out locations may need to be prioritized if 
there are not enough volunteers available. In that case, priority will 
be assigned to the nearest haul-outs (North Jenner and Odin Cove), 
followed by the Russian River estuary haul-outs, and finally the more 
distant coastal haul-outs.
    For all counts, the following information will be recorded in 
thirty-minute intervals: (1) Pinniped counts, by species; (2) behavior; 
(3) time, source and duration of any disturbance; (4) estimated 
distances between source of disturbance and pinnipeds; (5) weather 
conditions (e.g., temperature, wind); and (5) tide levels and estuary 
water surface elevation.
    Monitoring During Pupping Season--As described previously, the 
pupping season is defined as March 15 to June 30. Baseline, lagoon 
outlet channel, and artificial breaching monitoring during the pupping 
season will include records of neonate (pups less than one week old) 
observations. Characteristics of a neonate pup include: Body weight 
less than 15 kg; thin for their body length; an umbilicus or natal 
pelage present; wrinkled skin; and awkward or jerky movements on land. 
SCWA will coordinate with the Seal Watch monitoring program to 
determine if pups less than one week old are on the beach prior to a 
water level management event.
    If, during monitoring, observers sight any pup that might be 
abandoned, SCWA will contact the NMFS stranding response network 
immediately and also report the incident to NMFS' West Coast Regional 
Office and Office of Protected Resources within 48 hours. Observers 
will not approach or move the pup. Potential indications that a pup may 
be abandoned are no observed contact with adult seals, no movement of 
the pup, and the pup's attempts to nurse are rebuffed.

Reporting

    SCWA is required to submit a report on all activities and marine 
mammal monitoring results to the Office of Protected Resources, NMFS, 
and the West Coast Regional Administrator, NMFS, 90 days prior to the 
expiration of the IHA if a renewal is sought, or within 90 days of the 
expiration of the permit otherwise. This annual report will also be 
distributed to California State Parks and Stewards, and would be 
available to the public on SCWA's Web site. This report will contain 
the following information:
     The number of pinnipeds taken, by species and age class 
(if possible);
     Behavior prior to and during water level management 
events;
     Start and end time of activity;
     Estimated distances between source and pinnipeds when 
disturbance occurs;
     Weather conditions (e.g., temperature, wind);
     Haul-out reoccupation time of any pinnipeds based on post-
activity monitoring;
     Tide levels and estuary water surface elevation; and
     Seal census from bi-monthly and nearby haul-out 
monitoring.
    The annual report includes descriptions of monitoring methodology, 
tabulation of estuary management events, summary of monitoring results, 
and discussion of problems noted and proposed remedial measures. SCWA 
will report any injured or dead marine mammals to NMFS' West Coast 
Regional Office and Office of Protected Resources.

Summary of Previous Monitoring

    SCWA complied with the mitigation and monitoring required under all 
previous authorizations. In accordance with the 2015 IHA, SCWA 
submitted a Report of Activities and Monitoring Results, covering the 
period of January 1 through December 31, 2015. Previous monitoring 
reports (available at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm) provided additional analysis of monitoring results 
from 2009-14. A barrier beach was formed eleven times during 2015, but 
SCWA was required to implement artificial breaching for only four of 
these closure events. The Russian River outlet was closed to the ocean 
for a total of 115 days in 2015, including extended closures totaling 
49 days during the lagoon management period. However, these closures 
all culminated in natural breaches and no outlet channel management 
events were required (although one closure that began on October 10, 
before the end of the lagoon management period, led to an artificial 
breaching event after the close of the management period on November 
2). Over the past twenty years, there has been an average of five 
artificial breaching events per year. Only one lagoon management event 
has occurred since the current lagoon management period and process was 
instituted in 2009. For all events, pinniped monitoring occurred no 
more than three days before, the day of, and the day after each water 
level management activity. In addition, SCWA conducted biological and 
physical monitoring as described

[[Page 22056]]

previously. During the course of these activities, SCWA did not exceed 
the take levels authorized under the relevant IHAs. We provided a 
detailed description of previous monitoring results in the notice of 
the proposed IHA (81 FR 8924; February 23, 2016).

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, 
section 3(18) of 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].''
    We are authorizing SCWA to take harbor seals, California sea lions, 
and northern elephant seals, by Level B harassment only, incidental to 
estuary management activities. These activities, involving increased 
human presence and the use of heavy equipment and support vehicles, are 
expected to harass pinnipeds present at the haul-out through behavioral 
disturbance only. In addition, monitoring activities prescribed in the 
BiOp may result in harassment of additional individuals at the Jenner 
haul-out and at the three haul-outs located in the estuary. Estimates 
of the number of harbor seals, California sea lions, and northern 
elephant seals that may be harassed by the activities is based upon the 
number of potential events associated with Russian River estuary 
management activities and the average number of individuals of each 
species that are present during conditions appropriate to the activity. 
As described previously in this document, monitoring effort at the 
mouth of the Russian River has shown that the number of seals utilizing 
the haul-out declines during bar-closed conditions. Tables 1 and 2 
detail the total number of authorized takes. Methodology of take 
estimation was discussed in detail in our notice of proposed IHA (81 FR 
8924; February 23, 2016).

  Table 1--Estimated Number of Harbor Seal Takes Resulting From Russian
                   River Estuary Management Activities
------------------------------------------------------------------------
                                                         Potential total
                                                            number of
Number of animals expected   Number of events \b\ \c\      individual
       to occur \a\                                     animals that may
                                                            be taken
------------------------------------------------------------------------
         Lagoon Outlet Channel Management (May 15 to October 15)
------------------------------------------------------------------------
Implementation: 117 \d\     Implementation: 3           Implementation:
                                                         351
Maintenance and             Maintenance:                Maintenance:
 Monitoring:                                             1,156
    May: 80                    May: 1
    June: 98                   June-Sept: 4/month
    July: 117                  Oct: 1
                              ------------------------------------------
    Aug: 17                 Monitoring:                 Monitoring: 552
    Sept: 30                   June-Sept: 2/month
    Oct: 28                    Oct: 1
                                                       -----------------
                            ..........................       Total:
                                                              2,059
------------------------------------------------------------------------
                          Artificial Breaching
------------------------------------------------------------------------
    Oct: 28                    Oct: 2                      Oct: 56
    Nov: 32                    Nov: 2                      Nov: 64
    Dec: 59                    Dec: 2                      Dec: 118
    Jan: 49                    Jan: 1                      Jan: 49
    Feb: 75                    Feb: 1                      Feb: 75
    Mar: 133                   Mar: 1                      Mar: 133
    Apr: 99                    Apr: 1                      Apr: 99
    May: 80                    May: 2                      May: 160
                                                          --------------
                               12 events maximum             Total: 754
------------------------------------------------------------------------
                Topographic and Geophysical Beach Surveys
------------------------------------------------------------------------
    Jan: 89                 1 topographic survey/          Jan: 89
    Feb: 173                 month; 100 percent of      Feb: 173
    Mar: 183                 animals present Jun-Feb;   Mar: 18
    Apr: 136                 10 percent of animals      Apr: 14
    May: 154                 present Mar-May            May: 15
                            Jetty well removal; 2 days
    Jun: 170                ..........................     Jun: 170
    Jul: 345                ..........................     Jul: 345
    Aug: 143                ..........................     Aug: 143
    Sep: 59                 ..........................     Sep: 59
    Oct: 37                 ..........................     Oct: 37
    Nov: 37                 ..........................     Nov: 37
    Dec: 134                ..........................     Dec: 134
                                                        Jetty work: 252
                                                         \f\
                                                       -----------------
                            ..........................       Total:
                                                              1,486
------------------------------------------------------------------------
        Biological and Physical Habitat Monitoring in the Estuary
------------------------------------------------------------------------
1 \e\                       165                         165
                                                       -----------------
    Total                   ..........................  4,464
------------------------------------------------------------------------
\a\ For Lagoon Outlet Channel Management and Artificial Breaching,
  average daily number of animals corresponds with data from Table 2.
  For Topographic and Geophysical Beach Surveys, average daily number of
  animals corresponds with 2013-15 data from Table 1.

[[Page 22057]]

 
\b\ For implementation of the lagoon outlet channel, an event is defined
  as a single, two-day episode. It is assumed that the same individual
  seals would be hauled out during a single event. For the remaining
  activities, an event is defined as a single day on which an activity
  occurs. Some events may include multiple activities.
\c\ Number of events for artificial breaching derived from historical
  data. The average number of events for each month was rounded up to
  the nearest whole number; estimated number of events for December was
  increased from one to two because multiple closures resulting from
  storm events have occurred in recent years during that month. These
  numbers likely represent an overestimate, as the average annual number
  of events is five.
\d\ Although implementation could occur at any time during the lagoon
  management period, the highest daily average per month from the lagoon
  management period was used.
\e\ Based on past experience, SCWA expects that no more than one seal
  may be present, and thus have the potential to be disturbed, at each
  of the three river haul-outs.
\f\ Jetty well removal is expected to require two days, but the specific
  timing of the event within a window from July-December cannot be
  predicted. Therefore, we use the average of the monthly averages for
  those months (126) to estimate potential take from this activity.


  Table 2--Estimated Number of California Sea Lion and Elephant Seal Takes Resulting From Russian River Estuary
                                              Management Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                     Potential
                                                                     Number of                     total number
                             Species                                  animals        Number of     of individual
                                                                    expected to     events \a\     animals that
                                                                     occur \a\                     may be taken
----------------------------------------------------------------------------------------------------------------
                             Lagoon Outlet Channel Management (May 15 to October 15)
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter once per event).....               1               6               6
Northern elephant seal (potential to encounter once per event)..               1               6               6
----------------------------------------------------------------------------------------------------------------
                                              Artificial Breaching
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter once per month, Oct-               1               8               8
 May)...........................................................
Northern elephant seal (potential to encounter once per month,                 1               8               8
 Oct-May).......................................................
----------------------------------------------------------------------------------------------------------------
                                    Topographic and Geophysical Beach Surveys
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter once per month year-               1              12              12
 round for topographical surveys)...............................
Northern elephant seal (potential to encounter once per month                  1              12              12
 year-round for topographical surveys)..........................
----------------------------------------------------------------------------------------------------------------
                     Biological and Physical Habitat Monitoring in the Estuary + Jetty Study
----------------------------------------------------------------------------------------------------------------
California sea lion (potential to encounter once per month, Jul-               1              10              10
 Feb)...........................................................
Northern elephant seal (potential to encounter once per month,                 1              10              10
 Jul-Feb).......................................................
                                                                 -----------------------------------------------
Total:
    California sea lion.........................................  ..............  ..............              36
    Elephant seal...............................................  ..............  ..............              36
----------------------------------------------------------------------------------------------------------------
\a\ SCWA expects that California sea lions and/or northern elephant seals could occur during any month of the
  year, but that any such occurrence would be infrequent and unlikely to occur more than once per month.

Analyses and Determinations

Negligible Impact Analysis

    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.'' 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, we consider other factors, such as the likely nature of any 
responses (e.g., intensity, duration), the context of any responses 
(e.g., critical reproductive time or location, migration), as well as 
the number and nature of estimated Level A harassment takes, the number 
of estimated mortalities, and effects on habitat.
    Although SCWA's estuary management activities may disturb pinnipeds 
hauled out at the mouth of the Russian River, as well as those hauled 
out at several locations in the estuary during recurring monitoring 
activities, impacts are occurring to a small, localized group of 
animals. While these impacts can occur year-round, they occur 
sporadically and for limited duration (e.g., a maximum of two 
consecutive days for water level management events). Seals will likely 
become alert or, at most, flush into the water in reaction to the 
presence of crews and equipment on the beach. While disturbance may 
occur during a sensitive time (during the March 15-June 30 pupping 
season), mitigation measures have been specifically designed to further 
minimize harm during this period and eliminate the possibility of pup 
injury or mother-pup separation.
    No injury, serious injury, or mortality is anticipated, nor is the 
proposed action likely to result in long-term impacts such as permanent 
abandonment of the haul-out. Injury, serious injury, or mortality to 
pinnipeds would likely result from startling animals inhabiting the 
haul-out into a stampede reaction, or from extended mother-pup 
separation as a result of such a stampede. Long-term impacts to 
pinniped usage of the haul-out could result from significantly 
increased presence of humans and equipment on the beach. To avoid these 
possibilities, we have worked with SCWA to develop the previously 
described mitigation measures. These are designed to reduce the 
possibility of startling pinnipeds, by gradually apprising them of the 
presence of humans and equipment on

[[Page 22058]]

the beach, and to reduce the possibility of impacts to pups by 
eliminating or altering management activities on the beach when pups 
are present and by setting limits on the frequency and duration of 
events during pupping season. During the past fifteen years of flood 
control management, implementation of similar mitigation measures has 
resulted in no known stampede events and no known injury, serious 
injury, or mortality. Over the course of that time period, management 
events have generally been infrequent and of limited duration.
    No pinniped stocks for which incidental take is authorized are 
listed as threatened or endangered under the ESA or determined to be 
strategic or depleted under the MMPA. Recent data suggests that harbor 
seal populations have reached carrying capacity; populations of 
California sea lions and northern elephant seals in California are also 
considered healthy. 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, is not expected--nor been documented--in the years since 
appropriate protocols were established (see Mitigation for more 
details). Further, the continued, and increasingly heavy (see figures 
in SCWA documents), use of the haul-out despite decades of breaching 
events indicates that abandonment of the haul-out is unlikely. 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 planned monitoring and 
mitigation measures, we find that the total marine mammal take from 
SCWA's estuary management activities will have a negligible impact on 
the affected marine mammal species or stocks.

Small Numbers Analysis

    The authorized number of animals taken for each species of pinniped 
can be considered small relative to the population size. There are an 
estimated 30,968 harbor seals in the California stock, 296,750 
California sea lions, and 179,000 northern elephant seals in the 
California breeding population. Based on extensive monitoring effort 
specific to the affected haul-out and historical data on the frequency 
of the specified activity, we are proposing to authorize take, by Level 
B harassment only, of 4,464 harbor seals, 36 California sea lions, and 
36 northern elephant seals, representing 14.4, 0.01, and 0.02 percent 
of the populations, respectively. However, this represents an 
overestimate of the number of individuals harassed over the duration of 
the IHA, because these totals represent much smaller numbers of 
individuals that may be harassed multiple times. 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 mitigation and monitoring measures, we find that 
small numbers of marine mammals will be taken relative to the 
populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Therefore, we have 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 taking for 
subsistence purposes.

Endangered Species Act (ESA)

    No species listed under the ESA are expected to be affected by 
these activities. Therefore, we have determined that a section 7 
consultation under the ESA is not required. As described elsewhere in 
this document, SCWA and the Corps consulted with NMFS under section 7 
of the ESA regarding the potential effects of their operations and 
maintenance activities, including SCWA's estuary management program, on 
ESA-listed salmonids. As a result of this consultation, NMFS issued the 
Russian River Biological Opinion (NMFS, 2008), including Reasonable and 
Prudent Alternatives, which prescribes modifications to SCWA's estuary 
management activities. The effects of the proposed activities and 
authorized take would not cause additional effects for which section 7 
consultation would be required.

National Environmental Policy Act (NEPA)

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as implemented by the regulations published 
by the Council on Environmental Quality (40 CFR parts 1500-1508), and 
NOAA Administrative Order 216-6, we prepared an Environmental 
Assessment (EA) to consider the direct, indirect and cumulative effects 
to the human environment resulting from issuance of the original IHA to 
SCWA for the specified activities and found that it would not result in 
any significant impacts to the human environment. We signed a Finding 
of No Significant Impact (FONSI) on March 30, 2010. We have reviewed 
SWCA's application for a renewed IHA for ongoing estuary management 
activities for 2016 and the 2015 monitoring report. Based on that 
review, we have determined that the proposed action follows closely the 
IHAs issued and implemented in 2010-15 and does not present any 
substantial changes, or significant new circumstances or information 
relevant to environmental concerns which would require a supplement to 
the 2010 EA or preparation of a new NEPA document. Therefore, we have 
determined that a new or supplemental EA or Environmental Impact 
Statement is unnecessary, and rely on the existing EA and FONSI for 
this action. The 2010 EA and FONSI for this action are available for 
review at www.nmfs.noaa.gov/pr/permits/incidental/construction.htm.

Authorization

    As a result of these determinations, we have issued an IHA to SCWA 
to conduct estuary management activities in the Russian River from the 
period of April 21, 2016, through April 20, 2017, provided the 
previously mentioned mitigation, monitoring, and reporting requirements 
are implemented.

    Dated: April 8, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2016-08587 Filed 4-13-16; 8:45 am]
 BILLING CODE 3510-22-P



                                                  22050                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  cash deposit of estimated antidumping                   DEPARTMENT OF COMMERCE                                taking of small numbers of marine
                                                  duties required at the time of entry, or                                                                      mammals, providing that certain
                                                  withdrawal from warehouse, for                          National Oceanic and Atmospheric                      findings are made and the necessary
                                                  consumption, in accordance with 19                      Administration                                        prescriptions are established.
                                                  CFR 351.212(c)(1)(i). The Department                                                                             The incidental taking of small
                                                                                                          RIN 0648–XE428
                                                  intends to issue appropriate assessment                                                                       numbers of marine mammals may be
                                                  instructions to CBP 15 days after the                   Takes of Marine Mammals Incidental to                 allowed only if NMFS (through
                                                  publication of this notice in the Federal               Specified Activities; Taking Marine                   authority delegated by the Secretary)
                                                                                                          Mammals Incidental to Russian River                   finds that the total taking by the
                                                  Register, if appropriate.5
                                                                                                          Estuary Management Activities                         specified activity during the specified
                                                  Notifications                                                                                                 time period will (i) have a negligible
                                                                                                          AGENCY:  National Marine Fisheries                    impact on the species or stock(s) and (ii)
                                                     This notice serves as a final reminder               Service (NMFS), National Oceanic and                  not have an unmitigable adverse impact
                                                  to importers of their responsibility                    Atmospheric Administration (NOAA),                    on the availability of the species or
                                                  under 19 CFR 351.402(f)(2) to file a                    Commerce.                                             stock(s) for subsistence uses (where
                                                  certificate regarding the reimbursement                 ACTION: Notice; issuance of an incidental             relevant). Further, the permissible
                                                  of antidumping duties prior to                          harassment authorization.                             methods of taking and requirements
                                                  liquidation of the relevant entries                                                                           pertaining to the mitigation, monitoring
                                                  during this review period. Failure to                   SUMMARY:   In accordance with the                     and reporting of such taking must be set
                                                  comply with this requirement could                      regulations implementing the Marine                   forth.
                                                  result in the Department’s presumption                  Mammal Protection Act (MMPA) as                          The allowance of such incidental
                                                  that reimbursement of the antidumping                   amended, notification is hereby given                 taking under section 101(a)(5)(A), by
                                                  duties occurred and the subsequent                      that NMFS has issued an incidental                    harassment, serious injury, death, or a
                                                  assessment of doubled antidumping                       harassment authorization (IHA) to the                 combination thereof, requires that
                                                                                                          Sonoma County Water Agency (SCWA)                     regulations be established.
                                                  duties.
                                                                                                          to incidentally harass, by Level B                    Subsequently, a Letter of Authorization
                                                     This notice also serves as a final                   harassment only, three species of                     may be issued pursuant to the
                                                  reminder to parties subject to                          marine mammals during estuary                         prescriptions established in such
                                                  administrative protective order (‘‘APO’’)               management activities conducted at the                regulations, providing that the level of
                                                  of their responsibility concerning the                  mouth of the Russian River, Sonoma                    taking will be consistent with the
                                                  return or destruction of proprietary                    County, California.                                   findings made for the total taking
                                                  information disclosed under APO in                                                                            allowable under the specific regulations.
                                                                                                          DATES: This IHA is effective for the
                                                  accordance with 19 CFR 351.305(a)(3),                                                                         Under section 101(a)(5)(D), NMFS may
                                                                                                          period of one year, from April 21, 2016,
                                                  which continues to govern business                                                                            authorize such incidental taking by
                                                                                                          through April 20, 2017.
                                                  proprietary information in this segment                                                                       harassment only, for periods of not more
                                                                                                          FOR FURTHER INFORMATION CONTACT: Ben                  than one year, pursuant to requirements
                                                  of the proceeding. Timely written                       Laws, Office of Protected Resources,
                                                  notification of the return or destruction                                                                     and conditions contained within an
                                                                                                          NMFS, (301) 427–8401.                                 IHA. The establishment of these
                                                  of APO materials, or conversion to
                                                                                                          SUPPLEMENTARY INFORMATION:                            prescriptions requires notice and
                                                  judicial protective order, is hereby
                                                                                                          Availability                                          opportunity for public comment.
                                                  requested. Failure to comply with the
                                                                                                                                                                   NMFS has defined ‘‘negligible
                                                  regulations and terms of an APO is a                      Electronic copies of SCWA’s                         impact’’ in 50 CFR 216.103 as ‘‘. . . an
                                                  violation which is subject to sanction.                 application and any supporting                        impact resulting from the specified
                                                     This notice is issued and published in               documents, as well as a list of the                   activity that cannot be reasonably
                                                  accordance with sections 751(a)(1) and                  references cited in this document, may                expected to, and is not reasonably likely
                                                  777(i)(1) of the Tariff Act of 1930, as                 be obtained by visiting the internet at:              to, adversely affect the species or stock
                                                  amended, and 19 CFR 351.213(d)(4).                      www.nmfs.noaa.gov/pr/permits/                         through effects on annual rates of
                                                                                                          incidental/construction.htm. In the case              recruitment or survival.’’ Except with
                                                    Dated: April 6, 2016.
                                                                                                          of problems accessing these documents,                respect to certain activities not pertinent
                                                  Christian Marsh,                                        please call the contact listed above.                 here, section 3(18) of the MMPA defines
                                                  Deputy Assistant Secretary for Antidumping              NMFS’ Environmental Assessment                        ‘‘harassment’’ as: ‘‘. . . any act of
                                                  and Countervailing Duty Operations.                     (2010) and associated Finding of No                   pursuit, torment, or annoyance which (i)
                                                  [FR Doc. 2016–08631 Filed 4–13–16; 8:45 am]             Significant Impact, prepared pursuant to              has the potential to injure a marine
                                                  BILLING CODE 3510–DS–P                                  the National Environmental Policy Act,                mammal or marine mammal stock in the
                                                                                                          and NMFS’ Biological Opinion (2008)                   wild [Level A harassment]; or (ii) has
                                                     5 The Department confirmed with interested
                                                                                                          on the effects of Russian River                       the potential to disturb a marine
                                                                                                          management activities on salmonids,                   mammal or marine mammal stock in the
                                                  parties that ‘‘Shanghai Sunbeauty Trading’’ is the
                                                  same company as ‘‘Shanghai Sunbeauty Trading            prepared pursuant to the Endangered                   wild by causing disruption of behavioral
                                                  Co., Ltd.,’’ which is under review in an ongoing        Species Act, are also available at the                patterns, including, but not limited to,
                                                  new shipper review (see Honey from the People’s         same site.                                            migration, breathing, nursing, breeding,
                                                  Republic of China: Initiation of Antidumping Duty
                                                                                                          Background                                            feeding, or sheltering [Level B
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  New Shipper Review, 81 FR 5710 (February 3,                                                                   harassment].’’
                                                  2016); see also Letter to the Secretary of Commerce       Sections 101(a)(5)(A) and (D) of the
                                                  from Petitioners ‘‘Honey from the People’s Republic     MMPA (16 U.S.C. 1361 et seq.) direct                  Summary of Request
                                                  of China: Response to the Department’s February
                                                                                                          the Secretary of Commerce to allow,                     On January 20, 2016, we received an
                                                  25, 2016 Letter’’ (February 29, 2016)). Accordingly,
                                                  we will instruct CBP to continue to suspend             upon request by U.S. citizens who                     adequate and complete request from
                                                  liquidation of entries exported by Shanghai             engage in a specified activity (other than            SCWA for authorization of the taking of
                                                  Sunbeauty Trading Co., Ltd., until the conclusion       commercial fishing) within a specified                marine mammals incidental to Russian
                                                  of the new shipper review.                              area, the incidental, but not intentional,            River estuary management activities in


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                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                           22051

                                                  Sonoma County, California. SCWA                         Overview                                              District (District) operate and maintain
                                                  plans to continue ongoing actions                          The planned action involves                        federal facilities and conduct activities
                                                  necessary to manage the naturally-                      management of the estuary to prevent                  in addition to the estuary management,
                                                  formed barrier beach at the mouth of the                flooding while preventing adverse                     including flood control, water diversion
                                                  Russian River in order to minimize                      modification to critical habitat for ESA-             and storage, instream flow releases,
                                                  potential for flooding adjacent to the                  listed salmonids. Requirements related                hydroelectric power generation, channel
                                                  estuary and to enhance habitat for                      to the ESA are described in further                   maintenance, and fish hatchery
                                                  juvenile salmonids, as well as to                       detail below. During the lagoon                       production. As described in the notice
                                                  conduct biological and physical                         management period, this involves                      of proposed IHA, NMFS issued a 2008
                                                  monitoring of the barrier beach and                     construction and maintenance of a                     Biological Opinion (BiOp) for Water
                                                  estuary. Flood control-related breaching                lagoon outlet channel that would                      Supply, Flood Control Operations, and
                                                  of barrier beach at the mouth of the river              facilitate formation of a perched lagoon.             Channel Maintenance conducted by the
                                                  may include artificial breaches, as well                A perched lagoon, which is an estuary                 Corps, SCWA and the District in the
                                                  as construction and maintenance of a                    closed to tidal influence in which water              Russian River watershed (NMFS, 2008).
                                                  lagoon outlet channel. The latter                       surface elevation is above mean high                  This BiOp found that the activities—
                                                  activity, an alternative management                     tide, reduces flooding while                          including SCWA’s estuary management
                                                  technique conducted to mitigate                         maintaining beneficial conditions for                 activities prior to the BiOp—authorized
                                                  impacts of flood control on rearing                     juvenile salmonids. Additional breaches               by the Corps and undertaken by SCWA
                                                  habitat for Endangered Species Act                      of barrier beach may be conducted for                 and the District, if continued in a
                                                  (ESA)-listed salmonids, occurs only                     the sole purpose of reducing flood risk.              manner similar to recent historic
                                                                                                          SCWA’s planned activity was described                 practices, were likely to jeopardize the
                                                  from May 15 through October 15
                                                                                                          in detail in our notice of proposed                   continued existence of ESA-listed
                                                  (hereafter, the ‘‘lagoon management
                                                                                                          authorization prior to the 2011 IHA (76               salmonids and were likely to adversely
                                                  period’’). Artificial breaching and
                                                                                                          FR 14924; March 18, 2011); please see                 modify critical habitat. In part,
                                                  monitoring activities may occur at any
                                                                                                          that document for a detailed description              therefore, the BiOp requires SCWA to
                                                  time during the one-year period of
                                                                                                          of SCWA’s estuary management                          collaborate with NMFS and modify their
                                                  validity of the IHA.                                                                                          estuary water level management in
                                                                                                          activities. Aside from minor additions to
                                                     Breaching of naturally-formed barrier                SCWA’s biological and physical estuary                order to reduce marine influence (i.e.,
                                                  beach at the mouth of the Russian River                 monitoring measures, the specified                    high salinity and tidal inflow) and
                                                  requires the use of heavy equipment                     activity remains the same as that                     promote a higher water surface
                                                  (e.g., bulldozer, excavator) and                        described in the 2011 document.                       elevation in the estuary in order to
                                                  increased human presence, and                                                                                 enhance the quality of rearing habitat
                                                                                                          Dates and Duration
                                                  monitoring in the estuary requires the                                                                        for juvenile salmonids. SCWA is also
                                                  use of small boats. As a result,                           The specified activity may occur at                required to monitor the response of
                                                  pinnipeds hauled out on the beach or at                 any time during the one-year timeframe                water quality, invertebrate production,
                                                  peripheral haul-outs in the estuary may                 (April 21, 2016, through April 20, 2017)              and salmonids in and near the estuary
                                                  exhibit behavioral responses that                       of the IHA, although construction and                 to water surface elevation management
                                                  indicate incidental take by Level B                     maintenance of a lagoon outlet channel                in the estuary-lagoon system.
                                                  harassment under the MMPA. Species                      will occur only during the lagoon                        There are three components to
                                                  known from the haul-out at the mouth                    management period. In addition, there                 SCWA’s ongoing estuary management
                                                  of the Russian River or from peripheral                 are certain restrictions placed on SCWA
                                                                                                                                                                activities: (1) Lagoon outlet channel
                                                  haul-outs, and therefore anticipated to                 during the harbor seal pupping season.
                                                                                                                                                                management, during the lagoon
                                                  be taken incidental to the specified                    These, as well as periodicity and
                                                                                                                                                                management period only, required to
                                                                                                          frequency of the specified activities, are
                                                  activity, include the harbor seal (Phoca                                                                      accomplish the dual purposes of flood
                                                                                                          described in further detail below.
                                                  vitulina richardii), California sea lion                                                                      risk abatement and maintenance of
                                                  (Zalophus californianus), and northern                  Specific Geographic Region                            juvenile salmonid habitat; (2) traditional
                                                  elephant seal (Mirounga angustirostris).                  The estuary is located about 97 km                  artificial breaching, with the sole
                                                     This is the seventh such IHA issued                  (60 mi) northwest of San Francisco in                 objective of flood risk abatement; and
                                                  to SCWA. SCWA was first issued an                       Sonoma County, near Jenner, California                (3) physical and biological monitoring
                                                  IHA, valid for a period of one year,                    (see Figure 1 of SCWA’s application).                 in and near the estuary, required under
                                                  effective on April 1, 2010 (75 FR 17382),               The Russian River watershed                           the terms of the BiOp, to understand
                                                                                                          encompasses 3,847 km2 (1,485 mi2) in                  response to water surface elevation
                                                  and was subsequently issued one-year
                                                                                                          Sonoma, Mendocino, and Lake                           management in the estuary-lagoon
                                                  IHAs for incidental take associated with
                                                                                                          Counties. The mouth of the Russian                    system. The latter category (physical
                                                  the same activities, effective on April
                                                                                                          River is located at Goat Rock State                   and biological monitoring) includes all
                                                  21, 2011 (76 FR 23306), April 21, 2012
                                                                                                          Beach (see Figure 2 of SCWA’s                         ancillary beach and/or estuary
                                                  (77 FR 24471), April 21, 2013 (78 FR
                                                                                                          application); the estuary extends from                monitoring activities, including
                                                  23746), April 21, 2014 (79 FR 20180),                                                                         topographic and geophysical beach
                                                  and April 21, 2015 (80 FR 24237).                       the mouth upstream approximately 10
                                                                                                          to 11 km (6–7 mi) between Austin Creek                surveys and biological and physical
                                                  Description of the Specified Activity                   and the community of Duncans Mills                    habitat monitoring in the estuary. Please
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                                                                                                          (Heckel and McIver, 1994).                            see the previously referenced Federal
                                                    Additional detail regarding the                                                                             Register notice (76 FR 14924; March 18,
                                                  specified activity was provided in our                  Detailed Description of Activities                    2011) for detailed discussion of lagoon
                                                  Federal Register notice of proposed                       Within the Russian River watershed,                 outlet channel management, artificial
                                                  authorization (81 FR 8924; February 23,                 the U.S. Army Corps of Engineers                      breaching, and other physical and
                                                  2016) and in past notices cited herein;                 (Corps), SCWA and the Mendocino                       biological monitoring activities, as well
                                                  please see those documents or SCWA’s                    County Russian River Flood Control and                as our in our Federal Register notice of
                                                  application for more information.                       Water Conservation Improvement                        proposed authorization for this


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                                                  22052                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  authorization (81 FR 8924; February 23,                 as with regular human use activity at                 pups. There is a lack of published data
                                                  2016) for descriptions of minor changes                 the beach, and are likely habituated to               regarding pupping at the mouth of the
                                                  to physical and biological monitoring                   human presence and activity.                          Russian River, but SCWA monitors have
                                                  activities.                                             Nevertheless, SCWA’s estuary                          observed pups on the beach. No births
                                                                                                          management activities have the                        were observed during recent
                                                  Comments and Responses
                                                                                                          potential to disturb pinnipeds present                monitoring, but were inferred based on
                                                     We published a notice of receipt of                  on the beach or at peripheral haul-outs               signs indicating pupping (e.g., blood
                                                  SCWA’s application and proposed IHA                     in the estuary. During breaching                      spots on the sand, birds consuming
                                                  in the Federal Register on February 23,                 operations, past monitoring has revealed              possible placental remains). Pup injury
                                                  2016 (81 FR 8924). During the thirty-day                that some or all of the seals present                 or mortality would be most likely to
                                                  comment period, we received a letter                    typically move or flush from the beach                occur in the event of extended
                                                  from the Marine Mammal Commission                       in response to the presence of crew and               separation of a mother and pup, or
                                                  (Commission). The Commission                            equipment, though some may remain                     trampling in a stampede. As discussed
                                                  recommends that we issue the requested                  hauled-out. No stampeding of seals—a                  previously, no stampedes have been
                                                  authorization, subject to inclusion of the              potentially dangerous occurrence in                   recorded since development of
                                                  proposed mitigation and monitoring                      which large numbers of animals                        appropriate protocols in 1999. Any
                                                  measures as described in our notice of                  succumb to mass panic and rush away                   California sea lions or northern elephant
                                                  proposed IHA and the application. All                   from a stimulus—has been documented                   seals present would be independent
                                                  measures proposed in the initial Federal                since SCWA developed protocols to                     juveniles or adults; therefore, analysis of
                                                  Register notice are included within the                 prevent such events in 1999. While it is              impacts on pups is not relevant for
                                                  IHA.                                                    likely impossible to conduct required                 those species.
                                                                                                          estuary management activities without                    Similarly, the period of mother-pup
                                                  Description of Marine Mammals in the
                                                                                                          provoking some response in hauled-out                 bonding, critical time needed to ensure
                                                  Area of the Specified Activity
                                                                                                          animals, precautionary mitigation                     pup survival and maximize pup health,
                                                     The marine mammal species that may                   measures, described later in this                     is not expected to be impacted by
                                                  be harassed incidental to estuary                       document, ensure that animals are                     estuary management activities. Harbor
                                                  management activities are the harbor                    gradually apprised of human approach.                 seal pups are extremely precocious,
                                                  seal, California sea lion, and the                      Under these conditions, seals typically               swimming and diving immediately after
                                                  northern elephant seal. We presented a                  exhibit a continuum of responses,                     birth and throughout the lactation
                                                  detailed discussion of the status of these              beginning with alert movements (e.g.,                 period, unlike most other phocids
                                                  stocks and their occurrence in the action               raising the head), which may then                     which normally enter the sea only after
                                                  area in the notice of the proposed IHA                  escalate to movement away from the                    weaning (Lawson and Renouf, 1985;
                                                  (81 FR 8924; February 23, 2016).                        stimulus and possible flushing into the               Cottrell et al., 2002; Burns et al., 2005).
                                                     Ongoing monthly harbor seal counts                   water. Flushed seals typically re-occupy              Lawson and Renouf (1987) investigated
                                                  at the Jenner haul-out were begun by J.                 the haul-out within minutes to hours of               harbor seal mother-pup bonding in
                                                  Mortenson in January 1987, with                         the stimulus. In addition, eight other                response to natural and anthropogenic
                                                  additional nearby haul-outs added to                    haul-outs exist nearby that may                       disturbance. In summary, they found
                                                  the counts thereafter. In addition, local               accommodate flushed seals. In the                     that the most critical bonding time is
                                                  resident E. Twohy began daily                           absence of appropriate mitigation                     within minutes after birth. Although
                                                  observations of seals and people at the                 measures, it is possible that pinnipeds               pupping season is defined as March 15-
                                                  Jenner haul-out in November 1989.                       could be subject to injury, serious                   June 30, the peak of pupping season is
                                                  These datasets note whether the mouth                   injury, or mortality, likely through                  typically concluded by mid-May, when
                                                  at the Jenner haul-out was opened or                    stampeding or abandonment of pups.                    the lagoon management period begins.
                                                  closed at each observation, as well as                     California sea lions and northern                  As such, it is expected that most
                                                  various other daily and annual patterns                 elephant seals, which have been noted                 mother-pup bonding would likely be
                                                  of haul-out usage (Mortenson and                        only infrequently in the action area,                 concluded as well. The number of
                                                  Twohy, 1994). Recently, SCWA began                      have been observed as less sensitive to               management events during the months
                                                  regular baseline monitoring of the haul-                stimulus than harbor seals during                     of March and April has been relatively
                                                  out as a component of its estuary                       monitoring at numerous other sites. For               low in the past, and the breaching
                                                  management activity. In the notice of                   example, monitoring of pinniped                       activities occur in a single day over
                                                  proposed IHA, we presented average                      disturbance as a result of abalone                    several hours. In addition, mitigation
                                                  daily numbers of seals observed at the                  research in the Channel Islands showed                measures described later in this
                                                  mouth of the Russian River from 1993–                   that while harbor seals flushed at a rate             document further reduce the likelihood
                                                  2005 and from 2009–15 (see Table 1; 81                  of 69 percent, California sea lions                   of any impacts to pups, whether through
                                                  FR 8924; February 23, 2016).                            flushed at a rate of only 21 percent. The             injury or mortality or interruption of
                                                                                                          rate for elephant seals declined to 0.1               mother-pup bonding.
                                                  Potential Effects of the Specified                      percent (VanBlaricom, 2011). In the                      In summary, and based on extensive
                                                  Activity on Marine Mammals                              event that either of these species is                 monitoring data, we believe that
                                                    We provided a detailed discussion of                  present during management activities,                 impacts to hauled-out pinnipeds during
                                                  the potential effects of the specified                  they would be expected to display a                   estuary management activities would be
                                                  activity on marine mammals in the                       minimal reaction to maintenance                       behavioral harassment of limited
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                                                  notice of the proposed IHA (81 FR 8924;                 activities—less than that expected of                 duration (i.e., less than one day) and
                                                  February 23, 2016). A summary of                        harbor seals.                                         limited intensity (i.e., temporary
                                                  anticipated effects is provided below.                     Although the Jenner haul-out is not                flushing at most). Stampeding, and
                                                    A significant body of monitoring data                 known as a primary pupping beach,                     therefore injury or mortality, is not
                                                  exists for pinnipeds at the mouth of the                harbor seal pups have been observed                   expected—nor been documented—in
                                                  Russian River. In addition, pinnipeds                   during the pupping season; therefore,                 the years since appropriate protocols
                                                  have co-existed with regular estuary                    we have evaluated the potential for                   were established (see Mitigation for
                                                  management activity for decades as well                 injury, serious injury or mortality to                more details). Further, the continued,


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                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                           22053

                                                  and increasingly heavy (see SCWA’s                         • SCWA staff will avoid walking or                    We have carefully evaluated SCWA’s
                                                  monitoring report), use of the haul-out                 driving equipment through the seal                    planned mitigation measures and
                                                  despite decades of breaching events                     haul-out.                                             considered their effectiveness in past
                                                  indicates that abandonment of the haul-                    • Crews on foot will make an effort to             implementation to determine whether
                                                  out is unlikely.                                        be seen by seals from a distance, if                  they are likely to effect the least
                                                                                                          possible, rather than appearing                       practicable impact on the affected
                                                  Anticipated Effects on Habitat                                                                                marine mammal species and stocks and
                                                                                                          suddenly at the top of the sandbar, again
                                                     We provided a detailed discussion of                 preventing sudden flushes.                            their habitat. Our evaluation of potential
                                                  the potential effects of this action on                    • During breaching events, all                     measures included consideration of the
                                                  marine mammal habitat in the notice of                  monitoring will be conducted from the                 following factors in relation to one
                                                  the proposed IHA (81 FR 8924; February                  overlook on the bluff along Highway 1                 another: (1) The manner in which, and
                                                  23, 2016). SCWA’s estuary management                    adjacent to the haul-out in order to                  the degree to which, the successful
                                                  activities will result in temporary                     minimize potential for harassment.                    implementation of the measure is
                                                  physical alteration of the Jenner haul-                    • A water level management event                   expected to minimize adverse impacts
                                                  out. With barrier beach closure, seal                   may not occur for more than two                       to marine mammals, (2) the proven or
                                                  usage of the beach haul-out declines,                   consecutive days unless flooding threats              likely efficacy of the specific measure to
                                                  and the three nearby river haul-outs                    cannot be controlled.                                 minimize adverse impacts as planned;
                                                  may not be available for usage due to                      In addition, SCWA will continue                    and (3) the practicability of the measure
                                                  rising water surface elevations.                        mitigation measures specific to pupping               for applicant implementation.
                                                  Breaching of the barrier beach,                         season (March 15–June 30), as                            Any mitigation measure(s) we
                                                  subsequent to the temporary habitat                     implemented in the previous IHA:                      prescribe should be able to accomplish,
                                                  disturbance, will likely increase                          • SCWA will maintain a one-week                    have a reasonable likelihood of
                                                  suitability and availability of habitat for             no-work period between water level                    accomplishing (based on current
                                                  pinnipeds. Biological and water quality                 management events (unless flooding is                 science), or contribute to the
                                                  monitoring will not physically alter                    an immediate threat) to allow for an                  accomplishment of one or more of the
                                                  pinniped habitat.                                       adequate disturbance recovery period.                 general goals listed below:
                                                                                                          During the no-work period, equipment                     • Avoidance or minimization of
                                                     In summary, there will be temporary                                                                        injury or death of marine mammals
                                                  physical alteration of the beach.                       must be removed from the beach.
                                                                                                                                                                wherever possible (goals 2, 3, and 4 may
                                                  However, natural opening and closure                       • If a pup less than one week old is
                                                                                                                                                                contribute to this goal).
                                                                                                          on the beach where heavy machinery
                                                  of the beach results in the same impacts                                                                         • A reduction in the number (total
                                                  to habitat; therefore, seals are likely                 will be used or on the path used to
                                                                                                                                                                number or number at biologically
                                                  adapted to this cycle. In addition, the                 access the work location, the
                                                                                                                                                                important time or location) of
                                                  increase in rearing habitat quality has                 management action will be delayed
                                                                                                                                                                individual marine mammals exposed to
                                                  the goal of increasing salmonid                         until the pup has left the site or the
                                                                                                                                                                stimuli expected to result in incidental
                                                  abundance, ultimately providing more                    latest day possible to prevent flooding
                                                                                                                                                                take (this goal may contribute to 1,
                                                  food for seals present within the action                while still maintaining suitable fish
                                                                                                                                                                above, or to reducing takes by
                                                  area. Thus, any impacts to marine                       rearing habitat. In the event that a pup
                                                                                                                                                                behavioral harassment only).
                                                  mammal habitat are not expected to                      remains present on the beach in the                      • A reduction in the number (total
                                                  cause significant or long-term                          presence of flood risk, SCWA will                     number or number at biologically
                                                  consequences for individual marine                      consult with NMFS to determine the                    important time or location) of times any
                                                  mammals or their populations.                           appropriate course of action. SCWA will               individual marine mammal would be
                                                                                                          coordinate with the locally established               exposed to stimuli expected to result in
                                                  Mitigation                                              seal monitoring program (Stewards’ Seal               incidental take (this goal may contribute
                                                                                                          Watch) to determine if pups less than                 to 1, above, or to reducing takes by
                                                     In order to issue an IHA under section
                                                                                                          one week old are on the beach prior to                behavioral harassment only).
                                                  101(a)(5)(D) of the MMPA, NMFS must
                                                                                                          a breaching event.                                       • A reduction in the intensity of
                                                  set forth the permissible methods of
                                                                                                             • Physical and biological monitoring               exposure to stimuli expected to result in
                                                  taking pursuant to such activity, and
                                                                                                          (including topographic and geophysical                incidental take (this goal may contribute
                                                  other means of effecting the least
                                                                                                          beach surveys) will not be conducted if               to 1, above, or to reducing the severity
                                                  practicable impact on such species or
                                                                                                          a pup less than one week old is present               of behavioral harassment only).
                                                  stock and its habitat, paying particular
                                                  attention to rookeries, mating grounds,
                                                                                                          at the monitoring site or on a path to the               • Avoidance or minimization of
                                                                                                          site.                                                 adverse effects to marine mammal
                                                  and areas of similar significance, and on
                                                                                                             • Any jetty study activities in the                habitat, paying particular attention to
                                                  the availability of such species or stock
                                                                                                          vicinity of the harbor seal haul-out will             the prey base, blockage or limitation of
                                                  for taking for certain subsistence uses.
                                                                                                          not occur during the pupping season.                  passage to or from biologically
                                                     SCWA will continue the following                        Equipment will be driven slowly on                 important areas, permanent destruction
                                                  mitigation measures, as implemented                     the beach and care will be taken to                   of habitat, or temporary disturbance of
                                                  during the previous IHAs, designed to                   minimize the number of shutdowns and                  habitat during a biologically important
                                                  minimize impact to affected species and                 start-ups when the equipment is on the                time.
                                                  stocks:                                                 beach. All work will be completed as                     • For monitoring directly related to
                                                     • SCWA crews will cautiously
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                                                                                                          efficiently as possible, with the smallest            mitigation, an increase in the
                                                  approach (e.g., walking slowly with                     amount of heavy equipment possible, to                probability of detecting marine
                                                  limited arm movement and minimal                        minimize disturbance of seals at the                  mammals, thus allowing for more
                                                  sound) the haul-out ahead of heavy                      haul-out. Boats operating near river                  effective implementation of the
                                                  equipment to minimize the potential for                 haul-outs during monitoring will be                   mitigation.
                                                  sudden flushes, which may result in a                   kept within posted speed limits and                      Based on our evaluation of SCWA’s
                                                  stampede—a particular concern during                    driven as far from the haul-outs as safely            planned measures and on SCWA’s
                                                  pupping season.                                         possible to minimize flushing seals.                  record of management at the mouth of


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                                                  22054                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  the Russian River including information                 concentrated stimuli versus times or                  harbor seal pups born at Jenner each
                                                  from monitoring of SCWA’s                               areas without stimuli;                                year.
                                                  implementation of the mitigation                           4. An increased knowledge of the                      Regarding decreased frequency of
                                                  measures as prescribed under the                        affected species; or                                  monitoring at peripheral sites,
                                                  previous IHAs, we have determined that                     5. An increase in our understanding                abundance at these sites has been
                                                  the planned mitigation measures                         of the effectiveness of certain mitigation            observed to generally be very low
                                                  provide the means of effecting the least                and monitoring measures.                              regardless of river mouth condition.
                                                  practicable impact on marine mammal                        SCWA submitted a marine mammal                     These sites are generally very small
                                                  species or stocks and their habitat,                    monitoring plan as part of the IHA                    physically, composed of small rocks or
                                                  paying particular attention to rookeries,               application. It can be found on the                   outcrops or logs in the river, and
                                                  mating grounds, and areas of similar                    Internet at www.nmfs.noaa.gov/pr/                     therefore could not accommodate
                                                  significance.                                           permits/incidental/construction.htm.                  significant displacement from the main
                                                                                                          The plan has been successfully                        beach haul-out. Monitoring of
                                                  Monitoring and Reporting                                                                                      peripheral sites under extended lagoon
                                                                                                          implemented (in slightly different form
                                                     In order to issue an IHA for an                      from the currently proposed plan) by                  conditions will allow for possible
                                                  activity, section 101(a)(5)(D) of the                   SCWA under previous IHAs. The                         detection of any changed use patterns.
                                                  MMPA states that NMFS must set forth                    purpose of this monitoring plan, which                In summary, the modifications include
                                                  ‘‘requirements pertaining to the                        is carried out collaboratively with the               increasing the frequency of surveys at
                                                  monitoring and reporting of such                        Stewards of the Coasts and Redwoods                   the Jenner haul-out from twice a month
                                                  taking’’. The MMPA implementing                         (Stewards) organization, is to detect the             to four times a month and reducing the
                                                  regulations at 50 CFR 216.104 (a)(13)                   response of pinnipeds to estuary                      duration of each survey from eight to
                                                  indicate that requests for incidental take              management activities at the Russian                  four hours. Baseline visits to the
                                                  authorizations must include the                         River estuary. SCWA has designed the                  peripheral haul-outs will be eliminated
                                                  suggested means of accomplishing the                    plan both to satisfy the requirements of              except in the case that a lagoon outlet
                                                  necessary monitoring and reporting that                 the IHA, and to address the following                 channel is constructed and maintained
                                                  will result in increased knowledge of                   questions of interest:                                for a prolonged period (over 21 days).
                                                  the species and of the level of taking or                                                                        Baseline Monitoring—As noted above,
                                                                                                             1. Under what conditions do                        seals at the Jenner haul-out are counted
                                                  impacts on populations of marine                        pinnipeds haul out at the Russian River
                                                  mammals that are expected to be                                                                               for four hours every week, with no more
                                                                                                          estuary mouth at Jenner?                              than four baseline surveys each month.
                                                  present in the proposed action area.                       2. How do seals at the Jenner haul-out
                                                     Any monitoring requirement we                                                                              Two monitoring events each month will
                                                                                                          respond to activities associated with the             occur in the morning and two will occur
                                                  prescribe should accomplish one or
                                                                                                          construction and maintenance of the                   in the afternoon with an effort to
                                                  more of the following general goals:
                                                     1. An increase in the probability of                 lagoon outlet channel and artificial                  schedule a morning survey at low and
                                                  detecting marine mammals, both within                   breaching activities?                                 high tide each month and an afternoon
                                                  defined zones of effect (thus allowing                     3. Does the number of seals at the                 survey at low and high tide each month.
                                                  for more effective implementation of the                Jenner haul-out significantly differ from             This baseline information will provide
                                                  mitigation) and in general to generate                  historic averages with formation of a                 SCWA with details that may help to
                                                  more data to contribute to the analyses                 summer (May 15 to October 15) lagoon                  plan estuary management activities in
                                                  mentioned below;                                        in the Russian River estuary?                         the future to minimize pinniped
                                                     2. An increase in our understanding                     4. Are seals at the Jenner haul-out                interaction. This census begins at local
                                                  of how many marine mammals are                          displaced to nearby river and coastal                 dawn and continues for eight hours.
                                                  likely to be exposed to stimuli that we                 haul-outs when the mouth remains                      Survey protocols are unchanged: All
                                                  associate with specific adverse effects,                closed in the summer?                                 seals hauled out on the beach are
                                                  such as behavioral harassment or                        Monitoring Measures                                   counted every thirty minutes from the
                                                  hearing threshold shifts;                                                                                     overlook on the bluff along Highway 1
                                                     3. An increase in our understanding                    SCWA plans to modify the baseline                   adjacent to the haul-out using spotting
                                                  of how marine mammals respond to                        monitoring component of their existing                scopes. Monitoring may conclude for
                                                  stimuli expected to result in incidental                2011 Monitoring Plan in order to better               the day if weather conditions affect
                                                  take and how anticipated adverse effects                focus monitoring effort on the Jenner                 visibility (e.g., heavy fog in the
                                                  on individuals may impact the                           haul-out. This primary haul-out is                    afternoon). Depending on how the
                                                  population, stock, or species                           where the majority of seals are found                 sandbar is formed, seals may haul out in
                                                  (specifically through effects on annual                 and where pupping occurs, and SCWA                    multiple groups at the mouth. At each
                                                  rates of recruitment or survival) through               believes that the modifications will                  thirty-minute count, the observer
                                                  any of the following methods:                           better allow continued development in                 indicates where groups of seals are
                                                     • Behavioral observations in the                     understanding the physical and                        hauled out on the sandbar and provides
                                                  presence of stimuli compared to                         biological factors that influence seal                a total count for each group. If possible,
                                                  observations in the absence of stimuli                  abundance and behavior at the site. In                adults and pups are counted separately.
                                                  (need to be able to accurately predict                  particular, SCWA notes that increasing                   In addition to the census data,
                                                  pertinent information, e.g., received                   the frequency of surveys will allow                   disturbances of the haul-out are
                                                  level, distance from source);                           them to be able to observe the influence              recorded. The method for recording
                                                     • Physiological measurements in the
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                                                                                                          of physical changes that do not persist               disturbances follows those in Mortenson
                                                  presence of stimuli compared to                         for more than ten days, like brief                    (1996). Disturbances will be recorded on
                                                  observations in the absence of stimuli                  periods of barrier beach closures or                  a three-point scale that represents an
                                                  (need to be able to accurately predict                  other environmental changes. The                      increasing seal response to the
                                                  pertinent information, e.g., received                   changes will improve SCWA’s ability to                disturbance. The time, source, and
                                                  level, distance from source);                           describe how seals respond to barrier                 duration of the disturbance, as well as
                                                     • Distribution and/or abundance                      beach closures and allow for more                     an estimated distance between the
                                                  comparisons in times or areas with                      accurate estimation of the number of                  source and haul-out, are recorded. It


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                                                                                Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                            22055

                                                  should be noted that only responses                     individual seals are not marked, but is                 • The number of pinnipeds taken, by
                                                  falling into Mortenson’s Levels 2 and 3                 useful in tracking general trends in                  species and age class (if possible);
                                                  (i.e., movement or flight) will be                      haul-out use during disturbance. As                     • Behavior prior to and during water
                                                  considered as harassment under the                      volunteers are required to monitor these              level management events;
                                                  MMPA under the terms of the IHA.                        peripheral haul-outs, haul-out locations                • Start and end time of activity;
                                                  Weather conditions are recorded at the                  may need to be prioritized if there are                 • Estimated distances between source
                                                  beginning of each census. These include                 not enough volunteers available. In that              and pinnipeds when disturbance
                                                  temperature, Beaufort sea state,                        case, priority will be assigned to the                occurs;
                                                  precipitation/visibility, and wind speed.               nearest haul-outs (North Jenner and                     • Weather conditions (e.g.,
                                                  Tide levels and estuary water surface                   Odin Cove), followed by the Russian                   temperature, wind);
                                                  elevations are correlated to the                        River estuary haul-outs, and finally the                • Haul-out reoccupation time of any
                                                  monitoring start and end times.                         more distant coastal haul-outs.                       pinnipeds based on post-activity
                                                     In an effort towards understanding                     For all counts, the following                       monitoring;
                                                  possible relationships between use of                   information will be recorded in thirty-                 • Tide levels and estuary water
                                                  the Jenner haul-out and nearby coastal                  minute intervals: (1) Pinniped counts,                surface elevation; and
                                                  and river haul-outs, several other haul-                by species; (2) behavior; (3) time, source              • Seal census from bi-monthly and
                                                  outs on the coast and in the Russian                    and duration of any disturbance; (4)                  nearby haul-out monitoring.
                                                  River estuary are monitored as well (see                estimated distances between source of                   The annual report includes
                                                  Figure 1 of SCWA’s monitoring plan).                    disturbance and pinnipeds; (5) weather                descriptions of monitoring
                                                  As described above, peripheral site                     conditions (e.g., temperature, wind);                 methodology, tabulation of estuary
                                                  monitoring will occur only in the event                 and (5) tide levels and estuary water                 management events, summary of
                                                  of an extended period of lagoon                         surface elevation.                                    monitoring results, and discussion of
                                                  conditions (i.e., barrier beach closed                    Monitoring During Pupping Season—                   problems noted and proposed remedial
                                                  with perched outlet channel).                           As described previously, the pupping                  measures. SCWA will report any injured
                                                     Estuary Management Event                             season is defined as March 15 to June                 or dead marine mammals to NMFS’
                                                  Monitoring—Activities associated with                   30. Baseline, lagoon outlet channel, and              West Coast Regional Office and Office of
                                                  artificial breaching or initial                         artificial breaching monitoring during                Protected Resources.
                                                  construction of the outlet channel, as                  the pupping season will include records               Summary of Previous Monitoring
                                                  well as the maintenance of the channel                  of neonate (pups less than one week
                                                  that may be required, will be monitored                 old) observations. Characteristics of a                  SCWA complied with the mitigation
                                                  for disturbances to the seals at the                    neonate pup include: Body weight less                 and monitoring required under all
                                                  Jenner haul-out. A one-day pre-event                    than 15 kg; thin for their body length;               previous authorizations. In accordance
                                                  channel survey will be made within one                  an umbilicus or natal pelage present;                 with the 2015 IHA, SCWA submitted a
                                                  to three days prior to constructing the                 wrinkled skin; and awkward or jerky                   Report of Activities and Monitoring
                                                  outlet channel. The haul-out will be                    movements on land. SCWA will                          Results, covering the period of January
                                                  monitored on the day the outlet channel                 coordinate with the Seal Watch                        1 through December 31, 2015. Previous
                                                  is constructed and daily for up to the                  monitoring program to determine if                    monitoring reports (available at
                                                  maximum two days allowed for channel                    pups less than one week old are on the                www.nmfs.noaa.gov/pr/permits/
                                                  excavation activities. Monitoring will                  beach prior to a water level management               incidental/construction.htm) provided
                                                  also occur on each day that the outlet                  event.                                                additional analysis of monitoring results
                                                  channel is maintained using heavy                         If, during monitoring, observers sight              from 2009–14. A barrier beach was
                                                  equipment for the duration of the lagoon                any pup that might be abandoned,                      formed eleven times during 2015, but
                                                  management period. Monitoring will                      SCWA will contact the NMFS stranding                  SCWA was required to implement
                                                  correspond with that described under                    response network immediately and also                 artificial breaching for only four of these
                                                  the ‘‘Baseline’’ section previously, with               report the incident to NMFS’ West Coast               closure events. The Russian River outlet
                                                  the exception that management activity                  Regional Office and Office of Protected               was closed to the ocean for a total of 115
                                                  monitoring duration is defined by event                 Resources within 48 hours. Observers                  days in 2015, including extended
                                                  duration. On the day of the management                  will not approach or move the pup.                    closures totaling 49 days during the
                                                  event, pinniped monitoring begins at                    Potential indications that a pup may be               lagoon management period. However,
                                                  least one hour prior to the crew and                    abandoned are no observed contact with                these closures all culminated in natural
                                                  equipment accessing the beach work                      adult seals, no movement of the pup,                  breaches and no outlet channel
                                                  area and continues through the duration                 and the pup’s attempts to nurse are                   management events were required
                                                  of the event, until at least one hour after             rebuffed.                                             (although one closure that began on
                                                  the crew and equipment leave the                                                                              October 10, before the end of the lagoon
                                                  beach.                                                  Reporting                                             management period, led to an artificial
                                                     In an attempt to understand whether                     SCWA is required to submit a report                breaching event after the close of the
                                                  seals from the Jenner haul-out are                      on all activities and marine mammal                   management period on November 2).
                                                  displaced to coastal and river haul-outs                monitoring results to the Office of                   Over the past twenty years, there has
                                                  nearby when management events occur,                    Protected Resources, NMFS, and the                    been an average of five artificial
                                                  other nearby haul-outs are monitored                    West Coast Regional Administrator,                    breaching events per year. Only one
                                                  concurrently with monitoring of outlet                  NMFS, 90 days prior to the expiration                 lagoon management event has occurred
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                                                  channel construction and maintenance                    of the IHA if a renewal is sought, or                 since the current lagoon management
                                                  activities. This provides an opportunity                within 90 days of the expiration of the               period and process was instituted in
                                                  to qualitatively assess whether these                   permit otherwise. This annual report                  2009. For all events, pinniped
                                                  haul-outs are being used by seals                       will also be distributed to California                monitoring occurred no more than three
                                                  displaced from the Jenner haul-out. This                State Parks and Stewards, and would be                days before, the day of, and the day after
                                                  monitoring will not provide definitive                  available to the public on SCWA’s Web                 each water level management activity.
                                                  results regarding displacement to nearby                site. This report will contain the                    In addition, SCWA conducted biological
                                                  coastal and river haul-outs, as                         following information:                                and physical monitoring as described


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                                                  22056                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  previously. During the course of these                   wild by causing disruption of behavioral               Estimates of the number of harbor seals,
                                                  activities, SCWA did not exceed the                      patterns, including, but not limited to,               California sea lions, and northern
                                                  take levels authorized under the                         migration, breathing, nursing, breeding,               elephant seals that may be harassed by
                                                  relevant IHAs. We provided a detailed                    feeding, or sheltering [Level B                        the activities is based upon the number
                                                  description of previous monitoring                       harassment].’’                                         of potential events associated with
                                                  results in the notice of the proposed                      We are authorizing SCWA to take                      Russian River estuary management
                                                  IHA (81 FR 8924; February 23, 2016).                     harbor seals, California sea lions, and                activities and the average number of
                                                                                                           northern elephant seals, by Level B                    individuals of each species that are
                                                  Estimated Take by Incidental
                                                                                                           harassment only, incidental to estuary                 present during conditions appropriate to
                                                  Harassment
                                                                                                           management activities. These activities,               the activity. As described previously in
                                                     Except with respect to certain                        involving increased human presence                     this document, monitoring effort at the
                                                  activities not pertinent here, section                   and the use of heavy equipment and                     mouth of the Russian River has shown
                                                  3(18) of the MMPA defines                                support vehicles, are expected to harass               that the number of seals utilizing the
                                                  ‘‘harassment’’ as: ‘‘. . . any act of                    pinnipeds present at the haul-out                      haul-out declines during bar-closed
                                                  pursuit, torment, or annoyance which (i)                 through behavioral disturbance only. In                conditions. Tables 1 and 2 detail the
                                                  has the potential to injure a marine                     addition, monitoring activities                        total number of authorized takes.
                                                  mammal or marine mammal stock in the                     prescribed in the BiOp may result in                   Methodology of take estimation was
                                                  wild [Level A harassment]; or (ii) has                   harassment of additional individuals at                discussed in detail in our notice of
                                                  the potential to disturb a marine                        the Jenner haul-out and at the three                   proposed IHA (81 FR 8924; February 23,
                                                  mammal or marine mammal stock in the                     haul-outs located in the estuary.                      2016).

                                                       TABLE 1—ESTIMATED NUMBER OF HARBOR SEAL TAKES RESULTING FROM RUSSIAN RIVER ESTUARY MANAGEMENT
                                                                                                 ACTIVITIES
                                                                                                                                                                    Potential total number of individual animals
                                                       Number of animals expected to occur a                                 Number of events b c                                that may be taken

                                                                                                Lagoon Outlet Channel Management (May 15 to October 15)
                                                  Implementation:   117 d                                   Implementation: 3                                      Implementation: 351
                                                  Maintenance and Monitoring:                               Maintenance:                                           Maintenance: 1,156
                                                      May: 80                                                   May: 1
                                                      June: 98                                                  June–Sept: 4/month
                                                      July: 117                                                 Oct: 1
                                                       Aug: 17                                              Monitoring:                                            Monitoring: 552
                                                       Sept: 30                                                June–Sept: 2/month
                                                       Oct: 28                                                 Oct: 1
                                                                                                                                                                             Total: 2,059
                                                                                                                             Artificial Breaching
                                                       Oct: 28                                                    Oct: 2                                                 Oct: 56
                                                       Nov: 32                                                    Nov: 2                                                 Nov: 64
                                                       Dec: 59                                                    Dec: 2                                                 Dec: 118
                                                       Jan: 49                                                    Jan: 1                                                 Jan: 49
                                                       Feb: 75                                                    Feb: 1                                                 Feb: 75
                                                       Mar: 133                                                   Mar: 1                                                 Mar: 133
                                                       Apr: 99                                                    Apr: 1                                                 Apr: 99
                                                       May: 80                                                    May: 2                                                 May: 160
                                                                                                                  12 events maximum                                          Total: 754
                                                                                                          Topographic and Geophysical Beach Surveys
                                                       Jan: 89                                              1 topographic survey/month; 100 percent of                   Jan: 89
                                                       Feb: 173                                               animals present Jun–Feb; 10 percent of                     Feb: 173
                                                       Mar: 183                                               animals present Mar–May                                    Mar: 18
                                                       Apr: 136                                             Jetty well removal; 2 days                                   Apr: 14
                                                       May: 154                                                                                                          May: 15
                                                       Jun: 170                                                                                                          Jun: 170
                                                       Jul: 345                                                                                                          Jul: 345
                                                       Aug: 143                                                                                                          Aug: 143
                                                       Sep: 59                                                                                                           Sep: 59
                                                       Oct: 37                                                                                                           Oct: 37
                                                       Nov: 37                                                                                                           Nov: 37
                                                       Dec: 134                                                                                                          Dec: 134
                                                                                                                                                                         Jetty work: 252 f
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                                                                                                                                                                             Total: 1,486
                                                                                                     Biological and Physical Habitat Monitoring in the Estuary
                                                  1e                                                        165                                                    165
                                                       Total                                                                                                       4,464
                                                     a For
                                                         Lagoon Outlet Channel Management and Artificial Breaching, average daily number of animals corresponds with data from Table 2. For
                                                  Topographic and Geophysical Beach Surveys, average daily number of animals corresponds with 2013–15 data from Table 1.



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                                                                                            Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices                                                                                               22057
                                                    b For implementation of the lagoon outlet channel, an event is defined as a single, two-day episode. It is assumed that the same individual
                                                  seals would be hauled out during a single event. For the remaining activities, an event is defined as a single day on which an activity occurs.
                                                  Some events may include multiple activities.
                                                    c Number of events for artificial breaching derived from historical data. The average number of events for each month was rounded up to the
                                                  nearest whole number; estimated number of events for December was increased from one to two because multiple closures resulting from storm
                                                  events have occurred in recent years during that month. These numbers likely represent an overestimate, as the average annual number of
                                                  events is five.
                                                    d Although implementation could occur at any time during the lagoon management period, the highest daily average per month from the lagoon
                                                  management period was used.
                                                    e Based on past experience, SCWA expects that no more than one seal may be present, and thus have the potential to be disturbed, at each
                                                  of the three river haul-outs.
                                                    f Jetty well removal is expected to require two days, but the specific timing of the event within a window from July–December cannot be pre-
                                                  dicted. Therefore, we use the average of the monthly averages for those months (126) to estimate potential take from this activity.

                                                   TABLE 2—ESTIMATED NUMBER OF CALIFORNIA SEA LION AND ELEPHANT SEAL TAKES RESULTING FROM RUSSIAN RIVER
                                                                                     ESTUARY MANAGEMENT ACTIVITIES
                                                                                                                                                                                                                                                            Potential total
                                                                                                                                                                                                        Number of                                            number of
                                                                                                                                                                                                          animals                   Number of
                                                                                                                    Species                                                                                                          events a                 individual
                                                                                                                                                                                                        expected to                                         animals that
                                                                                                                                                                                                          occur a                                           may be taken

                                                                                                                Lagoon Outlet Channel Management (May 15 to October 15)
                                                  California sea lion (potential to encounter once per event) ........................................................                                                      1                         6                   6
                                                  Northern elephant seal (potential to encounter once per event) ................................................                                                           1                         6                   6
                                                                                                                                                  Artificial Breaching
                                                  California sea lion (potential to encounter once per month, Oct-May) .......................................                                                              1                         8                   8
                                                  Northern elephant seal (potential to encounter once per month, Oct–May) ..............................                                                                    1                         8                   8
                                                                                                                            Topographic and Geophysical Beach Surveys
                                                  California sea lion (potential to encounter once per month year-round for topographical sur-
                                                    veys) .........................................................................................................................................                         1                        12                  12
                                                  Northern elephant seal (potential to encounter once per month year-round for topographical
                                                    surveys) ....................................................................................................................................                           1                        12                  12
                                                                                                       Biological and Physical Habitat Monitoring in the Estuary + Jetty Study
                                                  California sea lion (potential to encounter once per month, Jul–Feb) ........................................                                                             1                        10                  10
                                                  Northern elephant seal (potential to encounter once per month, Jul–Feb) ................................                                                                  1                        10                  10
                                                  Total:
                                                      California sea lion .................................................................................................................           ........................   ........................                36
                                                      Elephant seal ........................................................................................................................          ........................   ........................                36
                                                    a SCWA expects that California sea lions and/or northern elephant seals could occur during any month of the year, but that any such occur-
                                                  rence would be infrequent and unlikely to occur more than once per month.


                                                  Analyses and Determinations                                                 location, migration), as well as the                                        designed to further minimize harm
                                                                                                                              number and nature of estimated Level A                                      during this period and eliminate the
                                                  Negligible Impact Analysis
                                                                                                                              harassment takes, the number of                                             possibility of pup injury or mother-pup
                                                     NMFS has defined ‘‘negligible                                            estimated mortalities, and effects on                                       separation.
                                                  impact’’ in 50 CFR 216.103 as ‘‘ . . . an                                   habitat.                                                                       No injury, serious injury, or mortality
                                                  impact resulting from the specified                                           Although SCWA’s estuary                                                   is anticipated, nor is the proposed
                                                  activity that cannot be reasonably                                          management activities may disturb                                           action likely to result in long-term
                                                  expected to, and is not reasonably likely                                   pinnipeds hauled out at the mouth of                                        impacts such as permanent
                                                  to, adversely affect the species or stock                                   the Russian River, as well as those                                         abandonment of the haul-out. Injury,
                                                  through effects on annual rates of                                          hauled out at several locations in the                                      serious injury, or mortality to pinnipeds
                                                  recruitment or survival.’’ A negligible                                     estuary during recurring monitoring                                         would likely result from startling
                                                  impact finding is based on the lack of                                      activities, impacts are occurring to a                                      animals inhabiting the haul-out into a
                                                  likely adverse effects on annual rates of                                   small, localized group of animals. While                                    stampede reaction, or from extended
                                                  recruitment or survival (i.e., population-                                  these impacts can occur year-round,                                         mother-pup separation as a result of
                                                  level effects). An estimate of the number                                   they occur sporadically and for limited                                     such a stampede. Long-term impacts to
                                                  of Level B harassment takes alone is not                                    duration (e.g., a maximum of two                                            pinniped usage of the haul-out could
                                                  enough information on which to base an                                      consecutive days for water level                                            result from significantly increased
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                                                  impact determination. In addition to                                        management events). Seals will likely                                       presence of humans and equipment on
                                                  considering estimates of the number of                                      become alert or, at most, flush into the                                    the beach. To avoid these possibilities,
                                                  marine mammals that might be ‘‘taken’’                                      water in reaction to the presence of                                        we have worked with SCWA to develop
                                                  through behavioral harassment, we                                           crews and equipment on the beach.                                           the previously described mitigation
                                                  consider other factors, such as the likely                                  While disturbance may occur during a                                        measures. These are designed to reduce
                                                  nature of any responses (e.g., intensity,                                   sensitive time (during the March 15-                                        the possibility of startling pinnipeds, by
                                                  duration), the context of any responses                                     June 30 pupping season), mitigation                                         gradually apprising them of the
                                                  (e.g., critical reproductive time or                                        measures have been specifically                                             presence of humans and equipment on


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                                                  22058                         Federal Register / Vol. 81, No. 72 / Thursday, April 14, 2016 / Notices

                                                  the beach, and to reduce the possibility                lions, and 36 northern elephant seals,                specified activities and found that it
                                                  of impacts to pups by eliminating or                    representing 14.4, 0.01, and 0.02 percent             would not result in any significant
                                                  altering management activities on the                   of the populations, respectively.                     impacts to the human environment. We
                                                  beach when pups are present and by                      However, this represents an                           signed a Finding of No Significant
                                                  setting limits on the frequency and                     overestimate of the number of                         Impact (FONSI) on March 30, 2010. We
                                                  duration of events during pupping                       individuals harassed over the duration                have reviewed SWCA’s application for a
                                                  season. During the past fifteen years of                of the IHA, because these totals                      renewed IHA for ongoing estuary
                                                  flood control management,                               represent much smaller numbers of                     management activities for 2016 and the
                                                  implementation of similar mitigation                    individuals that may be harassed                      2015 monitoring report. Based on that
                                                  measures has resulted in no known                       multiple times. Based on the analysis                 review, we have determined that the
                                                  stampede events and no known injury,                    contained herein of the likely effects of             proposed action follows closely the
                                                  serious injury, or mortality. Over the                  the specified activity on marine                      IHAs issued and implemented in 2010–
                                                  course of that time period, management                  mammals and their habitat, and taking                 15 and does not present any substantial
                                                  events have generally been infrequent                   into consideration the implementation                 changes, or significant new
                                                  and of limited duration.                                of the mitigation and monitoring                      circumstances or information relevant to
                                                     No pinniped stocks for which                         measures, we find that small numbers of               environmental concerns which would
                                                  incidental take is authorized are listed                marine mammals will be taken relative                 require a supplement to the 2010 EA or
                                                  as threatened or endangered under the                   to the populations of the affected                    preparation of a new NEPA document.
                                                  ESA or determined to be strategic or                    species or stocks.                                    Therefore, we have determined that a
                                                  depleted under the MMPA. Recent data                                                                          new or supplemental EA or
                                                  suggests that harbor seal populations                   Impact on Availability of Affected
                                                                                                                                                                Environmental Impact Statement is
                                                  have reached carrying capacity;                         Species for Taking for Subsistence Uses
                                                                                                                                                                unnecessary, and rely on the existing
                                                  populations of California sea lions and                   There are no relevant subsistence uses              EA and FONSI for this action. The 2010
                                                  northern elephant seals in California are               of marine mammals implicated by this                  EA and FONSI for this action are
                                                  also considered healthy. In summary,                    action. Therefore, we have determined                 available for review at
                                                  and based on extensive monitoring data,                 that the total taking of affected species             www.nmfs.noaa.gov/pr/permits/
                                                  we believe that impacts to hauled-out                   or stocks would not have an unmitigable               incidental/construction.htm.
                                                  pinnipeds during estuary management                     adverse impact on the availability of
                                                  activities would be behavioral                          such species or stocks for taking for                 Authorization
                                                  harassment of limited duration (i.e., less              subsistence purposes.                                   As a result of these determinations,
                                                  than one day) and limited intensity (i.e.,                                                                    we have issued an IHA to SCWA to
                                                                                                          Endangered Species Act (ESA)
                                                  temporary flushing at most).                                                                                  conduct estuary management activities
                                                  Stampeding, and therefore injury or                        No species listed under the ESA are                in the Russian River from the period of
                                                  mortality, is not expected—nor been                     expected to be affected by these                      April 21, 2016, through April 20, 2017,
                                                  documented—in the years since                           activities. Therefore, we have                        provided the previously mentioned
                                                  appropriate protocols were established                  determined that a section 7 consultation              mitigation, monitoring, and reporting
                                                  (see Mitigation for more details).                      under the ESA is not required. As                     requirements are implemented.
                                                  Further, the continued, and increasingly                described elsewhere in this document,
                                                                                                                                                                  Dated: April 8, 2016.
                                                  heavy (see figures in SCWA documents),                  SCWA and the Corps consulted with
                                                                                                                                                                Donna S. Wieting,
                                                  use of the haul-out despite decades of                  NMFS under section 7 of the ESA
                                                                                                          regarding the potential effects of their              Director, Office of Protected Resources,
                                                  breaching events indicates that                                                                               National Marine Fisheries Service.
                                                  abandonment of the haul-out is                          operations and maintenance activities,
                                                                                                                                                                [FR Doc. 2016–08587 Filed 4–13–16; 8:45 am]
                                                  unlikely. Based on the analysis                         including SCWA’s estuary management
                                                                                                          program, on ESA-listed salmonids. As a                BILLING CODE 3510–22–P
                                                  contained herein of the likely effects of
                                                  the specified activity on marine                        result of this consultation, NMFS issued
                                                  mammals and their habitat, and taking                   the Russian River Biological Opinion
                                                                                                                                                                DEPARTMENT OF COMMERCE
                                                  into consideration the implementation                   (NMFS, 2008), including Reasonable
                                                  of the planned monitoring and                           and Prudent Alternatives, which                       National Oceanic and Atmospheric
                                                  mitigation measures, we find that the                   prescribes modifications to SCWA’s                    Administration
                                                  total marine mammal take from SCWA’s                    estuary management activities. The
                                                  estuary management activities will have                 effects of the proposed activities and                RIN 0648–XE479
                                                  a negligible impact on the affected                     authorized take would not cause
                                                                                                                                                                Endangered Species Act; Public
                                                  marine mammal species or stocks.                        additional effects for which section 7
                                                                                                                                                                Meeting Addendum
                                                                                                          consultation would be required.
                                                  Small Numbers Analysis
                                                                                                          National Environmental Policy Act                     AGENCY:  National Marine Fisheries
                                                    The authorized number of animals                                                                            Service (NMFS), National Oceanic and
                                                  taken for each species of pinniped can                  (NEPA)
                                                                                                                                                                Atmospheric Administration (NOAA),
                                                  be considered small relative to the                       In compliance with the National                     Commerce.
                                                  population size. There are an estimated                 Environmental Policy Act of 1969 (42                  ACTION: Notice of public meeting,
                                                  30,968 harbor seals in the California                   U.S.C. 4321 et seq.), as implemented by               addendum.
                                                  stock, 296,750 California sea lions, and                the regulations published by the
mstockstill on DSK4VPTVN1PROD with NOTICES




                                                  179,000 northern elephant seals in the                  Council on Environmental Quality (40                  SUMMARY:   The purpose of the program
                                                  California breeding population. Based                   CFR parts 1500–1508), and NOAA                        review is to ensure that recovery
                                                  on extensive monitoring effort specific                 Administrative Order 216–6, we                        program priorities and implementation
                                                  to the affected haul-out and historical                 prepared an Environmental Assessment                  are aligned with resources and mission
                                                  data on the frequency of the specified                  (EA) to consider the direct, indirect and             mandates; enhance and align strategic
                                                  activity, we are proposing to authorize                 cumulative effects to the human                       management of NMFS regulatory
                                                  take, by Level B harassment only, of                    environment resulting from issuance of                programs; and provide transparency in
                                                  4,464 harbor seals, 36 California sea                   the original IHA to SCWA for the                      the operation of NMFS recovery


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Document Created: 2018-02-07 13:48:26
Document Modified: 2018-02-07 13:48:26
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of an incidental harassment authorization.
DatesThis IHA is effective for the period of one year, from April 21, 2016, through April 20, 2017.
ContactBen Laws, Office of Protected Resources, NMFS, (301) 427-8401.
FR Citation81 FR 22050 
RIN Number0648-XE42

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