82_FR_12975 82 FR 12931 - Takes of Marine Mammals Incidental to Specified Activities; Gull Monitoring and Research in Glacier Bay National Park, Alaska, 2017

82 FR 12931 - Takes of Marine Mammals Incidental to Specified Activities; Gull Monitoring and Research in Glacier Bay National Park, Alaska, 2017

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 44 (March 8, 2017)

Page Range12931-12943
FR Document2017-04467

NMFS has received an application from the National Park Service (NPS) at Glacier Bay National Park (Glacier Bay NP) for an Incidental Harassment Authorization (IHA) to take marine mammals, by harassment, incidental to conducting proposed gull monitoring and research activities within Glacier Bay NP from May through September, 2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an IHA to the NPS at Glacier Bay NP to incidentally take marine mammals during the specified activities.

Federal Register, Volume 82 Issue 44 (Wednesday, March 8, 2017)
[Federal Register Volume 82, Number 44 (Wednesday, March 8, 2017)]
[Notices]
[Pages 12931-12943]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-04467]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF118


Takes of Marine Mammals Incidental to Specified Activities; Gull 
Monitoring and Research in Glacier Bay National Park, Alaska, 2017

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

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from the National Park 
Service (NPS) at Glacier Bay National Park (Glacier Bay NP) for an 
Incidental Harassment Authorization (IHA) to take marine mammals, by 
harassment, incidental to conducting proposed gull monitoring and 
research activities within Glacier Bay NP from May through September, 
2017. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is 
requesting comments on its proposal to issue an IHA to the NPS at 
Glacier Bay NP to incidentally take marine mammals during the specified 
activities.

DATES: Comments and information must be received no later than April 7, 
2017.

ADDRESSES: Submit your comments on the application by either of the 
following methods:
    Mail: Jolie Harrison, Chief, Permits and Conservation Division, 
Office of Protected Resources, NMFS, 1315 East-West Highway, Silver 
Spring, MD 20910.
    Electronic: Comments should be sent to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted online at http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm without change. 
All personal identifying information (e.g., name, address), 
confidential business information or otherwise sensitive or protected 
information submitted voluntarily by the commenter is publicly 
accessible. NMFS will accept anonymous comments (note this in the 
correspondence if you wish to remain anonymous).

FOR FURTHER INFORMATION CONTACT: Stephanie Egger, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of problems accessing these 
documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce 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, provided that certain 
findings are made and the necessary prescriptions are established.
    The incidental taking of small numbers of marine mammals shall be 
allowed 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, as well as the 
other means of effecting the least practicable adverse impact on the 
species or stock and its habitat (i.e., mitigation) must be prescribed. 
Last, requirements pertaining to the monitoring and reporting of such 
taking must be set forth.
    Where there is the potential for serious injury or death, the 
allowance of incidental taking requires promulgation of regulations 
under section 101(a)(5)(A). Subsequently, a Letter (or Letters) of 
Authorization may be issued as governed by the prescriptions 
established in such regulations, provided 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 incidental taking by harassment only (i.e., no serious injury 
or mortality), for periods of not more than one year, pursuant to 
requirements and conditions contained within an IHA. The promulgation 
of regulations or issuance of IHAs (with their associated prescripted 
mitigation, monitoring, and reporting) 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, we adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    NMFS has defined ``unmitigable adverse impact'' in 50 CFR 216.103 
as ``. . . an impact resulting from the specified activity:
    (1) That is likely to reduce the availability of the species to a 
level insufficient for a harvest to meet subsistence needs by: (i) 
Causing the marine mammals to abandon or avoid hunting areas; (ii) 
directly displacing

[[Page 12932]]

subsistence users; or (iii) placing physical barriers between the 
marine mammals and the subsistence hunters; and
    (2) That cannot be sufficiently mitigated by other measures to 
increase the availability of marine mammals to allow subsistence needs 
to be met.
    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 November 22, 2016, NMFS received an application from Glacier Bay 
NP requesting taking by harassment of marine mammals, incidental to 
conducting monitoring and research studies on glaucous-winged gulls 
(Larus glaucescens) within Glacier Bay NP, Alaska. The application was 
considered adequate and complete on February 10, 2017. NMFS previously 
issued three IHAs to Glacier Bay NP for the same activities from 2014 
to 2016 (79 FR 56065, September 18, 2014; 80 FR 28229, May 18, 2015; 81 
FR 34994, May 16, 2016).
    For the 2017 research season, Glacier Bay NP again proposes to 
conduct ground-based and vessel-based surveys to collect data on the 
number and distribution of nesting gulls within six study sites in 
Glacier Bay, AK. Marine mammals have only been observed at four of the 
six study sites. The proposed activities would occur over the course of 
five months, from May through September, 2017.
    The following aspects of the proposed gull research activities have 
the potential to take marine mammals: Noise generated by motorboat 
approaches and departures; noise generated by researchers while 
conducting ground surveys; and human presence (visual disturbance) 
during the monitoring and research activities. Harbor seals hauled out 
at the study sites may flush into the water or exhibit temporary 
modification in behavior (Level B harassment). Thus, Glacier Bay NP has 
requested an authorization to take harbor seals by Level B harassment 
only. Although Steller sea lions (Eumetopias jubatus) may be present in 
the action area, Glacier Bay NP has proposed to avoid any site used by 
Steller sea lions.

Description of the Specified Activity

Overview

    Glacier Bay NP proposes to identify the onset of gull nesting; 
conduct mid-season surveys of adult gulls, and locate and document gull 
nest sites within the following study areas: Boulder, Lone, and 
Flapjack Islands, and Geikie Rock. Each of these study sites contains 
harbor seal haulout sites and Glacier Bay NP proposes to visit each 
study site up to five times during the research season. Glacier Bay NP 
also proposes to conduct studies at South Marble Island and Tlingit 
Point Islet; however, there are no reported pinniped haulouts at those 
locations.
    Glacier Bay NP must conduct the gull monitoring studies to meet the 
requirements of a 2010 Record of Decision for a Legislative 
Environmental Impact Statement (LEIS) (NPS, 2010) which states that 
Glacier Bay NP must initiate a monitoring program for the gulls to 
inform future native egg harvests by the Hoonah Tlingit in Glacier Bay, 
AK. Glacier Bay NP also actively monitors harbor seals at breeding and 
molting sites to assess population trends over time (e.g., Mathews & 
Pendleton, 2006; Womble et al., 2010). Glacier Bay NP coordinates 
pinniped monitoring programs with NMFS' Alaska Fisheries Science Center 
and the Alaska Department of Fish and Game and plans to continue these 
collaborations and sharing of monitoring data and observations in the 
future.

Dates and Duration

    From May 1 through September 30, 2017, Glacier Bay NP proposes to 
conduct a maximum of three ground-based surveys per each study site and 
a maximum of two vessel-based surveys per each study site. Duration of 
surveys would be 30 minutes (min) to two hours (hr) each.

Specified Geographic Region

    The proposed study sites would occur in the vicinity of the 
following locations: Boulder, Lone, and Flapjack Islands, and Geikie 
Rock in Glacier Bay, Alaska. Glacier Bay NP will also conduct studies 
at South Marble Island and Tlingit Point Islet (see Figure 1); however, 
there are no reported pinniped haulout sites at those locations.
BILLING CODE 3510-22-P

[[Page 12933]]

[GRAPHIC] [TIFF OMITTED] TN08MR17.000

BILLING CODE 3510-22-C

Detailed Description of Activities

    Glaucous-winged gulls are common inshore residents along the 
northwestern coast of North America (Hayward and Verbeek, 2008). These 
gulls nest colonially in small and large aggregations, often on 
islands. Glaucous-winged gulls are abundant in Southeast AK throughout 
the year and nest colonially on islands in Glacier Bay from mid-May to 
August (Patten, 1974). Traditionally the Hoonah Tlingit, whose 
ancestral homeland encompasses Glacier Bay NP, harvested gull eggs 
annually during the spring and early summer months (Hunn, 2002). This 
historic egg harvest in Glacier Bay was an important activity both for 
cultural and nutritional purposes. Legislation is currently underway 
(Hoonah Tlingit Traditional Gull Egg Use Act: S. 156 and H. R. 3110) to 
allow native subsistence harvest of glaucous-winged gulls at up to 15 
locations in Glacier Bay NP. An LEIS for gull egg harvest was developed 
and finalized in 2010 (NPS, 2010). The LEIS Record of Decision mandates 
that the NPS develop a monitoring program to inform a yearly 
traditional harvest plan and ensure that harvest activities do not 
impact park purposes and values (NPS, 2010). Annual monitoring 
requirements outlined in the LEIS include: Identify the onset of gull 
nesting, conduct mid-season adult counts, count number of eggs in nests 
during harvest, conduct complete nest surveys just before hatch on 
harvested islands, and document other bird and marine mammal species 
(pinnipeds present onshore) that may be impacted by harvest activities. 
Harvest sites will be selected based on several characteristics 
including size of colony; population parameters including productivity, 
population status, recent harvest, age of colony; and minimizing 
disturbance to other species present.

[[Page 12934]]

    The goal of this project is to collect data on the number and 
distribution of nesting glaucous-winged gulls to fulfill the mandates 
of the LEIS Record of Decision and to inform the annual gull egg 
harvest. Gull monitoring will be conducted using a combination of 
ground and vessel surveys by landing at specific access points on the 
islands. Glacier Bay NP proposes to conduct: (1) Ground-based surveys 
at a maximum frequency of three visits per site; and (2) vessel-based 
surveys at a maximum frequency of two visits per site from the period 
of May 1 through September 30, 2017. Surveys can be from 30 min to two 
hours.
    Ground-Based Surveys: These surveys involve two trained observers 
conducting complete nest counts of the colonies (Zador, 2001; Arimitsu 
et al., 2007). The survey will encompass all portions of the gull 
colony accessible to humans and thus represent a census of the 
harvestable nests. GPS locations of nests and associated vegetation 
along with the number of live and predated eggs will be collected 
during at least one visit to obtain precise nest locations to 
characterize nesting habitat. On subsequent surveys, nest counts will 
be tallied on paper so observers can move through the colony more 
quickly and minimize disturbance. Ground surveys will be discontinued 
after the first hatched chick is detected to minimize disturbance and 
mortalities. During ground surveys, observers will also record other 
bird and marine mammal species in proximity to colonies.
    The observers would access each island using a kayak, a 32.8 to 
39.4-foot (ft) (10 to 12 meter (m)) motorboat, or a 12 ft (4 m) 
inflatable rowing dinghy. The landing craft's transit speed would not 
exceed 4 knots (kn) (4.6 miles per hour (mph)). Ground surveys 
generally last 30 min to two hrs each depending on the size of the 
island and the number of nesting gulls.
    Vessel-Based Surveys: Surveys will be conducted from the deck of a 
motorized vessel and will be used to count the number of adult and 
fledgling gulls that are visible from the water (Zador, 2001; Arimitsu 
et al., 2007). Vessel surveys provide more reliable estimate of the 
numbers of gulls in the colony than ground surveys because NPS can 
count nesting birds in areas that are inaccessible by foot and because 
the birds do not flush from the researchers presence. Glacier Bay NP 
would conduct these surveys by circling the islands at approximately 
100 m and counting the number of adult and chick gulls as well as other 
bird and mammal species present. Surveys can be from 30 min to two hrs 
in duration.
    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in the document (Mitigation section and 
Monitoring and Reporting section).

Description of Marine Mammals in the Area of the Specified Activity

    Sections 3 and 4 of the NPS' application and the 2015 and 2016 
monitoring reports contain detailed information on the abundance, 
status, and distribution of the species at the study sites from ground 
and vessel surveys that NPS has conducted as well as information from 
harbor seal monitoring aerial surveys conducted between 2007-2015 
(Womble unpublished data). This information is summarized below and may 
be viewed in detail at http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm. Additional species information is available in the NMFS 
SARs for Alaska at http://www.nmfs.noaa.gov/pr/sars/region.htm.
    Marine mammals under NMFS' jurisdiction that occur in the vicinity 
of the study sites in Glacier Bay NP include the harbor seal and 
Steller sea lion (Table 1). Both are protected under the MMPA and the 
Steller sea lion is listed as endangered (Western Distinct Population 
Segment) under the Endangered Species Act (ESA). Northern sea otters 
(Southeast Alaska stock) (Enhydra lutris kenyoni) are protected by the 
MMPA and could occur in the project area. The U.S. Fish and Wildlife 
Service manages Northern sea otters and are therefore are not discussed 
further in this proposed authorization.

Table 1--General Information on Marine Mammals That Could Potentially Haul Out in the Proposed Study Areas in Glacier Bay, Alaska, May Through September
                                                                          2017
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    Regulatory status 1 2
              Species                  Scientific name           Stock name                                  Occurrence and range          Season
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal.......................  (Phoca vitulina).....  Glacier Bay/Icy        MMPA-NC                   common coastal.......  year-round.
                                                            Strait.               ESA-NL
Steller sea lion..................  (Eumetopias jubatus).  Eastern U.S..........  MMPA-D, S                 uncommon coastal.....  year-round.
                                                                                  ESA-DL
Steller sea lion..................  (Eumetopias jubatus).  Western U.S..........  MMPA-D, S                 uncommon coastal.....  unknown.
                                                                                  ESA-E
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ MMPA: D = Depleted, S = Strategic, NC = Not Classified.
\2\ ESA: E = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
\3\ 2015 NMFS Stock Assessment Report (Muto et al., 2015).

Harbor Seals

    Harbor seals are the most abundant marine mammal species found 
within the action area and present year-round. Harbor seals range from 
Baja California north along the west coasts of Washington, Oregon, 
California, British Columbia, and Southeast Alaska; west through the 
Gulf of Alaska, Prince William Sound, and the Aleutian Islands; and 
north in the Bering Sea to Cape Newenham and the Pribilof Islands. The 
current statewide abundance estimate for Alaskan harbor seals is 
205,090 (Boveng et al. in press as cited in Muto et al., 2015), based 
on aerial survey data collected during 1998-2011. In 2010, harbor seals 
in Alaska were partitioned into 12 separate stocks based largely on 
genetic structure (Allen and Angliss, 2010). Harbor seals have declined 
dramatically in some parts of their range over the past few decades, 
while in other parts their numbers have increased or remained stable 
over similar time periods.
    Harbor seals haul out on rocks, reefs, beaches, and drifting 
glacial ice (Allen and Angliss, 2014). They are non-migratory; their 
local movements are associated with tides, weather, season, food 
availability, and reproduction, as well as sex and age class (Allen and 
Angliss, 2014; Boveng et al., 2012; Lowry et al., 2001; Swain et al., 
1996). Pupping in Alaska generally takes place in May and June; while 
molting generally occurs from June to October.
    Harbor seals of Glacier Bay are considered part of the Glacier Bay/
Icy

[[Page 12935]]

Strait stock (Table 2)--ranging from Cape Fairweather southeast to 
Column Point, extending inland to Glacier Bay, Icy Strait, and from 
Hanus Reef south to Tenakee Inlet (Muto et al., 2015). The Glacier Bay/
Icy Strait stock showed a negative population trend estimate for harbor 
seals from 1992 to 2008 in June and August for glacial (-7.7 percent/
yr; -8.2 percent/yr) and terrestrial sites (-12.4 percent/yr, August 
only) (Womble et al., 2010 as cited in Muto et al., 2015). Trend 
estimates by Mathews and Pendleton (2006) were similarly negative for 
both glacial and terrestrial sites. Long-term monitoring of harbor 
seals on glacial ice has occurred in Glacier Bay since the 1970s 
(Mathews and Pendleton, 2006) and has shown this area to support one of 
the largest breeding aggregations in AK (Steveler, 1979; Calambokidis 
et al., 1987 as cited in Muto et al., 2015). After a dramatic retreat 
of Muir Glacier (more than 7 km), in the East Arm of Glacier Bay, 
between 1973 and 1986 and the subsequent grounding and cessation of 
calving in 1993, floating glacial ice was greatly reduced as a haul-out 
substrate for harbor seals and ultimately resulted in the abandonment 
of upper Muir Inlet by harbor seals (Calambokidis et al., 1987; Hall et 
al., 1995; Mathews, 1995 as cited in Muto et al., 2015). Prior to 1993, 
seal counts were up to 1,347 in the East Arm of Glacier Bay; 2008 
counts were fewer than 200 (Streveler, 1979; Molnia, 2007 as cited in 
Muto et al., 2015). The current (2007-2011) estimate of the Glacier 
Bay/Icy Strait population trend is +179 seals per year, with a 
probability that the stock is decreasing of 0.40 (Muto et al., 2015).

                                     Table 2--Harbor Seal Status Information
----------------------------------------------------------------------------------------------------------------
                                       ES)/MMPA      Stock abundance                                 Relative
                                       status;      (Nmin, most recent               Annual  M/    occurrence/
     Species            Stock       Strategic (Y/   abundance survey)     PBR \3\      SI \4\       season of
                                        N) \1\             \2\                                      occurrence
----------------------------------------------------------------------------------------------------------------
Harbor seal......  Glacier Bay/Icy  --; N........  7,210 (5,647; 2011)         169          104  Harbor seals
                    Strait                                                                        are year-round
                    (Alaska).                                                                     inhabitants of
                                                                                                  Glacier Bay,
                                                                                                  Alaska.
----------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (--)
  indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the
  MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR (see footnote
  3) or which is determined to be declining and likely to be listed under the ESA within the foreseeable future.
  Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a
  strategic stock.
\2\ Nmin is the minimum estimate of stock abundance. The most recent abundance survey that is reflected in the
  abundance estimate is presented; there may be more recent surveys that have not yet been incorporated into the
  estimate.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
  mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
  optimum sustainable population size (OSP).
\4\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury
  from all sources combined (e.g., commercial fisheries, subsistence hunting, ship strike). Annual M/SI often
  cannot be determined precisely and is in some cases presented as a minimum value. All values presented here
  are from the final 2015 Harbor Seal, Alaska SAR. (http://www.nmfs.noaa.gov/pr/sars/pdf/stocks/alaska/2015/ak2015_sehr.pdf).

    Harbor seals from the Glacier Bay/Icy Strait stock can be found 
hauled-out at four of the gull monitoring study sites (Table 3). Seal 
counts from gull monitoring surveys likely represent a minimum estimate 
due to difficulty observing marine mammals from a vessel. Counts from 
gull monitoring surveys are also conducted during high tide so fewer 
seals may be present.

Table 3--Number of Harbor Seals Observed and Flushed From Haul Out (Level B Harassment) Under IHAs at Gull Study
                                 Sites From 2015 and 2016 in Glacier Bay, Alaska
----------------------------------------------------------------------------------------------------------------
                                                                                          2015          2016
                      Site name                        Latitude (dd)  Longitude (dd)    Observed/     Observed/
                                                                                         flushed       flushed
----------------------------------------------------------------------------------------------------------------
Boulder.............................................        58.55535      -136.01814      13/11         21/0
Flapjack............................................        58.58698      -135.98251       0/0         101/41
Geikie..............................................        58.69402      -136.31291      45/14         37/0
Lone................................................        58.72102      -136.29470      98/32         58/36
                                                     -----------------------------------------------------------
    Total...........................................  ..............  ..............     156/57        217/77
----------------------------------------------------------------------------------------------------------------

Steller Sea Lions

    It was determined that take will not occur for Steller sea lions 
based on survey data available. A total of five Steller sea lions have 
been observed during the 2015 and 2016 survey seasons, but were 
observed outside the study area. Although Steller sea lions may be 
present in the action area, Glacier Bay NP has proposed to avoid any 
sites used by Steller sea lions. Therefore, Steller sea lions are not 
discussed further in this proposed authorization.
    The only marine mammals anticipated to be affected by the specified 
activities and proposed as take for Level B harassment are harbor seals 
hauled out at the study sites in Glacier Bay and therefore they are the 
only marine mammal discussed further in this proposed authorization.

Potential Effects of the Specified Activities on Marine Mammals and 
Their Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The ``Estimated Take'' section later in this document 
will include a quantitative analysis of the number of individuals that 
are expected to be taken by this activity. The ``Negligible Impact

[[Page 12936]]

Analysis and Determination'' section will consider the content of this 
section, the ``Estimated Take by Incidental Harassment'' section, and 
the ``Proposed Mitigation'' section, to draw conclusions regarding the 
likely impacts of these activities on the reproductive success or 
survivorship of individuals and how those impacts on individuals are 
likely to impact marine mammal species or stocks.
    In the following discussion, we provide general background 
information on sound and marine mammal hearing. Acoustic and visual 
stimuli generated by: (1) Motorboat operations; and (2) the appearance 
of researchers may have the potential to cause Level B harassment of 
any pinnipeds hauled out on Boulder, Lone, and Flapjack Islands, and 
Geikie Rock.

Human Disturbance

    Harbor seals may potentially experience behavioral disruption 
rising to the level of harassment from monitoring and research 
activities, which may include airborne noise during the brief periods 
from research vessels and visual disturbance due to the presence and 
activity of the researchers on land. Disturbed seals are likely to 
experience any or all of these stimuli, and take may occur due to any 
of these in isolation or in combination with the others. Due to the 
likely constant combination of visual and acoustic stimuli resulting 
from the presence and vessels and researchers, we assume that harbor 
seals present may be disturbed and do not consider acoustic effects 
separately from the effects of potential disturbance due to visual 
stimuli.
    Visual stimuli due to the presence of research activities during 
the project have the potential to result in take of harbor seals at 
nearby haul out sites through behavioral disturbance. Harbor seals can 
exhibit a behavioral response to visual stimuli (e.g., including alert 
behavior, movement, vocalizing, or flushing). NMFS does not consider 
the lesser reactions (e.g., alert behavior) to constitute harassment. 
Upon the occurrence of low-severity disturbance (i.e., the approach of 
a vessel or person as opposed to an explosion or sonic boom), pinnipeds 
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 
pinnipeds typically re-occupy the haul out within minutes to hours of 
the stimulus (Allen et al. 1984 (Johnson and Acevedo-Gutierrez, 2007).
    Disturbances resulting from human activity can impact short- and 
long-term pinniped haul out behavior (Renouf et al., 1981; Schneider 
and Payne, 1983; Terhune and Almon, 1983; Allen et al., 1984; Stewart, 
1984; Suryan and Harvey, 1999; Mortenson et al., 2000; and Kucey and 
Trites, 2006). Disturbance includes a variety of effects, including 
subtle to conspicuous changes in behavior, movement, and displacement. 
Reactions to sound, if any, depend on species, state of maturity, 
experience, current activity, reproductive state, time of day, and many 
other factors (Richardson et al., 1995; Wartzok et al., 2004; Southall 
et al., 2007; Weilgart, 2007). These behavioral reactions from marine 
mammals are often shown as: Changing durations of surfacing and dives, 
or moving direction and/or speed; reduced/increased vocal activities; 
changing/cessation of certain behavioral activities (such as 
socializing or feeding); visible startle response or aggressive 
behavior; avoidance of areas; and/or flight responses (e.g., pinnipeds 
flushing into the water from haul outs or rookeries). If a marine 
mammal does react briefly to human presence by changing its behavior or 
moving a small distance, the impacts of the change are unlikely to be 
significant to the individual, let alone the stock or population. 
However, if visual stimuli from human presence displaces marine mammals 
from an important feeding or breeding area for a prolonged period, 
impacts on individuals and populations could be significant (e.g., 
Lusseau and Bejder 2007; Weilgart, 2007).
    Numerous studies have shown that human activity can flush pinnipeds 
off haul-out sites and beaches (Kenyon, 1972; Allen et al., 1984; 
Calambokidis et al., 1991; Suryan and Harvey, 1999; and Mortenson et 
al., 2000). In 1997, Henry and Hammil (2001) conducted a study to 
measure the impacts of small boats (i.e., kayaks, canoes, motorboats 
and sailboats) on harbor seal haul-out behavior in M[eacute]tis Bay, 
Quebec, Canada. During that study, the authors noted that the most 
frequent disturbances (n=73) were caused by lower speed, lingering 
kayaks and canoes (33.3 percent) as opposed to motorboats (27.8 
percent) conducting high speed passes. The seals flight reactions could 
be linked to a surprise factor by kayaks-canoes, which approach slowly, 
quietly and low on water making them look like predators. However, the 
authors note that once the animals were disturbed, there did not appear 
to be any significant lingering effect on the recovery of numbers to 
their pre-disturbance levels. In conclusion, the study showed that boat 
traffic at current levels has only a temporary effect on the haul-out 
behavior of harbor seals in the M[eacute]tis Bay area.
    In 2004, Johnson and Acevedo-Gutierrez (2007) evaluated the 
efficacy of buffer zones for watercraft around harbor seal haul-out 
sites on Yellow Island, Washington state. The authors estimated the 
minimum distance between the vessels and the haul-out sites; 
categorized the vessel types; and evaluated seal responses to the 
disturbances. During the course of the seven-weekend study, the authors 
recorded 14 human-related disturbances, which were associated with 
stopped powerboats and kayaks. During these events, hauled out seals 
became noticeably active and moved into the water. The flushing 
occurred when stopped kayaks and powerboats were at distances as far as 
453 and 1,217 ft (138 and 371 m) respectively. The authors note that 
the seals were unaffected by passing powerboats, even those approaching 
as close as 128 ft (39 m), possibly indicating that the animals had 
become tolerant of the brief presence of the vessels and ignored them. 
The authors reported that on average, the seals quickly recovered from 
the disturbances and returned to the haul-out site in less than or 
equal to 60 minutes. Seal numbers did not return to pre-disturbance 
levels within 180 minutes of the disturbance less than one quarter of 
the time observed. The study concluded that the return of seal numbers 
to pre-disturbance levels and the relatively regular seasonal cycle in 
abundance throughout the area counter the idea that disturbances from 
powerboats may result in site abandonment (Johnson and Acevedo-
Gutierrez, 2007).

Vessel Strike

    The probability of vessel and marine mammal interactions (i.e., 
motorboat strike) occurring during the proposed research activities is 
unlikely due to the motorboat's slow operational speed, which is 
typically 2 to 3 knots (2.3 to 3.4 mph) and the researchers continually 
scanning the water for marine mammals presence during transit to the 
islands. Thus, NMFS does not anticipate that strikes or collisions 
would result from the movement of the motorboat.

Harbor Seal Pupping

    During the harbor seal breeding (May-June) and molting (August) 
periods, ~66 percent of seals in Glacier Bay inhabit the primary 
glacial ice site and ~22 percent of seals are found in and

[[Page 12937]]

adjacent to a group of islands in the southeast portion of Glacier Bay. 
At the proposed study sites in 2016, only one pup was observed and in 
2015, no pups were observed during project activities. Pups have been 
observed during aerial surveys during the pupping seasons (conducted 
during low tide), but in few numbers (see Table 4). NMFS does not 
anticipate that the proposed activities would result in separation of 
mothers and pups as pups are rarely seen at the study sites.

Table 4--Average and Maximum Counts of Hauled Out Harbor Seals at Glaucous-Winged Gull Study Sites During Harbor
                     Seal Monitoring Aerial Surveys From 2007-2014 (Womble Unpublished Data)
----------------------------------------------------------------------------------------------------------------
                                                                  Average of pup   StdDev of pup    Max of pup
                              Site                                     count           count           count
----------------------------------------------------------------------------------------------------------------
Boulder Island..................................................             0.7             1.2               5
Flapjack Island.................................................            16.5            10.8              43
Geikie Rock.....................................................             0.1             0.4               2
Lone Island.....................................................             0.8             0.8               2
                                                                 -----------------------------------------------
    Grand Total.................................................             5.2             9.3              43
----------------------------------------------------------------------------------------------------------------

Marine Mammal Habitat

    The main impact associated with the proposed activity will be 
temporarily elevated noise levels and human disturbance and the 
associated direct effects on marine mammals (i.e., the potential for 
temporary abandonment of the site), previously discussed in this 
notice. NMFS does not anticipate that the proposed restoration 
activities would result in any permanent effects on the habitats used 
by the marine mammals in the proposed area, including the food sources 
they use (i.e., fish and invertebrates). Based on the preceding 
discussion, NMFS does not anticipate that the proposed activity would 
have any habitat-related effects that could cause significant or long-
term consequences for individual marine mammals or their populations. 
NMFS does not expect that the proposed activity would have any effects 
on marine mammal habitat and NMFS expects that there will be no long- 
or short-term physical impacts to pinniped habitat in Glacier Bay, AK. 
The proposed activities will not result in any permanent impact on 
habitats used by marine mammals, including prey species and foraging 
habitat.

Summary

    Based on the available data, previous monitoring reports from 
Glacier Bay NP, and studies described here, we anticipate that any 
pinnipeds found in the vicinity of the proposed project could have 
short-term behavioral reactions (i.e., may result in marine mammals 
avoiding certain areas) due to noise and visual disturbance generated 
by: (1) Motorboat approaches and departures and (2) human presence 
during gull research activities. We would expect the pinnipeds to 
return to a haul-out site within minutes to hours of the stimulus based 
on previous research (Allen et al., 1985). Pinnipeds may be temporarily 
displaced from their haul-out sites, but we do not expect that the 
pinnipeds would permanently abandon a haul-out site during the conduct 
of the proposed research as activities are short in duration (30 min to 
up to two hours), and previous surveys have demonstrated that seals 
have returned to their haulout sites and have not permanently abandoned 
the sites.
    NMFS does not anticipate that the proposed activities would result 
in the injury, serious injury, or mortality of pinnipeds. NMFS does not 
anticipate that strikes or collisions would result from the movement of 
the motorboat. The proposed activities will not result in any permanent 
impact on habitats used by marine mammals, including prey species and 
foraging habitat. The potential effects to marine mammals described in 
this section of the document do not take into consideration the 
proposed monitoring and mitigation measures described later in this 
document (see the ``Proposed Mitigation'' and ``Proposed Monitoring and 
Reporting'' sections).

Estimated Take

    This section includes an estimate of the number of incidental 
``takes'' proposed for authorization pursuant to this IHA, which will 
inform both NMFS' consideration of whether the number of takes is 
``small'' and the negligible impact determination.
    Take in the form of harassment is expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, the MMPA defines ``harassment'' as: Any act of pursuit, torment, 
or annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).
    As described previously in the Effects section, Level B Harassment 
is expected to occur and is proposed to be authorized in the numbers 
identified below. Based on the nature of the activity and the 
anticipated effectiveness of the mitigation measures, Level A 
Harassment is neither anticipated nor proposed to be authorized. The 
death of a marine mammal is also a type of incidental take. However, as 
described previously, no mortality is anticipated or proposed to be 
authorized to result from this activity.
    All anticipated takes would be by Level B harassment, involving 
temporary changes in behavior. NMFS expects that the presence of 
Glacier Bay NP personnel could disturb animals hauled out and that the 
animals may alter their behavior or attempt to move away from the 
researchers.
    Harbor seals may be disturbed when vessels approach or researchers 
go ashore for the purpose of monitoring gull colonies. Harbor seals 
tend to haul out in small numbers at study sites (2015-2016): Boulder 
Island--average 4.85 seals, Flapjack Island--average 11.22 seals, 
Geikie Rock--average 10.25 seals, and Lone Island average of 17.22 
seals (see raw data from Tables 1 of the 2016 and 2015 Monitoring 
Report). Based on previous pinniped observations during gull monitoring 
(2015 and 2016) conducted by Glacier Bay NP, NMFS estimates that the 
research activities could potentially affect by Level B behavioral 
harassment 218 incidents of harassment to harbor seals over the course 
of the Authorization. This number was calculated by multiplying the 
average number of seals observed at each site

[[Page 12938]]

(2015-2016) by five visits per site for a total of 218 incidents of 
harassment (Table 5). The highest number of annual visits to each gull 
study site will be five, therefore it is expected that individual 
harbor seals at a given site will be disturbed no more than five times 
per year.

                         Table 5--Level B Takes by Harassment by During NPS Gull Surveys
----------------------------------------------------------------------------------------------------------------
                                                                         Number of
        Site proposed for survey            Average number of seals    proposed site   Incidents of harassments/
                                                  observed *              visits             Level B take
----------------------------------------------------------------------------------------------------------------
Boulder Island..........................  4.85 seals................               5  24.29.
Flapjack Island.........................  11.22 seals...............               5  56.11.
Geikie Rock.............................  10.25 seals...............               5  51.25.
Lone Island.............................  17.22 seals...............               5  86.1.
                                          Total 43.5 (44 seals).....  ..............  Total: 218 incidents of
                                                                                       harassment.
----------------------------------------------------------------------------------------------------------------
* Data from 2016 and 2015 NPS gull surveys.

    There can be greater numbers of seals on the survey islands then 
what is detected by the NPS during the gull surveys. Aerial survey 
maximum counts show that harbor seals sometimes haul out in large 
numbers at all four locations (see Table 1 of the application). 
However, harbor seals hauled out at Flapjack Island are generally on 
the southern end whereas the gull colony is on the northern end. 
Similarly, harbor seals on Boulder Island tend to haul out on the 
southern end while the gull colony is located and can be accessed on 
the northern end without disturbance. Aerial survey counts for harbor 
seals are conducted during low tide while ground and vessel surveys are 
conducted during high tide, which along with greater visibility during 
aerial surveys, may also contribute to why there are greater numbers of 
seals observed during the aerial surveys.

Potential Effects of Specified Activities on Subsistence Uses of Marine 
Mammals

    Subsistence harvest of harbor seals by Alaska Natives is exempted 
from the MMPA's take prohibition (16 U.S.C. 1371(b)(1)); however, 
subsistence harvest of harbor seals has not been permitted in Glacier 
Bay NP since 1974 (Catton, 1995). The extensive post-breeding seasonal 
distribution of seals from Glacier Bay (Womble and Gende, 2013b) may 
expose seals to subsistence harvest outside of the park. Subsistence 
surveys and anthropological studies demonstrate that harbor seals may 
be harvested during all months; however, there are typically two 
distinct seasonal peaks for harvest of seals, which occur during spring 
and in autumn/early winter (de Laguna, 1972; Emmons, 1991). These time 
periods co-occur with the time period during which seals travel beyond 
the boundaries of Glacier Bay (Womble and Gende, 2013b). The level of 
subsistence harvest on seals from Glacier Bay/Icy Strait stock has not 
been quantified; however, subsistence reports from nearby communities 
have documented subsistence harvest (e.g., Wolfe et al., 2009). Due to 
the prohibition of subsistence harvest at the gull study sites and the 
temporary behavior disturbance of marine mammal disturbance caused by 
this project, we anticipate no impacts to subsistence harvest of marine 
mammals in the region.

Proposed Mitigation

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, we must set forth the permissible methods of 
taking pursuant to such activity, and other means of effecting the 
least practicable adverse impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and the availability of such species or 
stock for taking for certain subsistence uses.
    Glacier Bay NP has based the mitigation measures which they propose 
to implement during the proposed research, on the following: (1) 
Protocols used during previous gull research activities as required by 
our previous authorizations for these activities; and (2) recommended 
best practices in Womble et al. (2013); Richardson et al. (1995); 
Pierson et al. (1998); and Weir and Dolman (2007).
    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with the activities Glacier Bay NP and/or its 
designees has proposed to implement the following mitigation measures 
for marine mammals:
     Perform pre-survey monitoring before deciding to access a 
study site;
     Avoid accessing a site where Steller sea lions are 
present;
     Perform controlled and slow ingress to the study site to 
prevent flushing harbor seals and select a pathway of approach to 
minimize the number of marine mammals harassed;
     Monitor for offshore predators at study sites. Avoid 
approaching the study site if killer whales (Orcinus orca) are 
observed. If Glacier Bay NP and/or its designees see predators in the 
area, they must not disturb the pinnipeds until the area is free of 
predators; and
     Maintain a quiet research atmosphere in the visual 
presence of pinnipeds.

Pre-Survey Monitoring

    Prior to deciding to land onshore to conduct the study, the 
researchers would use high-powered image stabilizing binoculars from 
the watercraft to document the number, species, and location of hauled 
out marine mammals at each island. The vessels would maintain a 
distance of 328 to 1,640 ft (100 to 500 m) from the shoreline to allow 
the researchers to conduct pre-survey monitoring

Site Avoidance

    If there are Steller sea lions are present, the researchers would 
not approach the island and would not conduct gull monitoring research.

Controlled Landings

    The researchers would determine whether to approach the island 
based on type of animals present. Researchers would approach the island 
by motorboat at a speed of approximately 2 to 3 kns (2.3 to 3.4 mph). 
This would provide enough time for any marine mammals present to slowly 
enter the water without panic (flushing). The researchers would also 
select a pathway of approach farthest from the hauled out harbor seals 
to minimize disturbance.

Minimize Predator Interactions

    If the researchers visually observe marine predators (i.e., killer 
whales) present in the vicinity of hauled out marine mammals, the 
researchers would not approach the study site.

[[Page 12939]]

Noise Reduction Protocols

    While onshore at study sites, the researchers would remain vigilant 
for hauled out marine mammals. If marine mammals are present, the 
researchers would move slowly and use quiet voices to minimize 
disturbance to the animals present.

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's proposed mitigation 
measures and considered a range of other measures in the context of 
ensuring that NMFS prescribes the means of affecting the least 
practicable impact on the affected marine mammal species and stocks and 
their habitat. Our evaluation of potential measures included 
consideration of the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is expected to minimize 
adverse impacts to marine mammal species or stocks;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Any mitigation measure(s) prescribed by NMFS should be able to 
accomplish, have a reasonable likelihood of accomplishing (based on 
current science), or contribute to the accomplishment of one or more of 
the general goals listed below:
    1. Avoidance or minimization of injury or death of marine mammals 
wherever possible (goals 2, 3, and 4 may contribute to this goal).
    2. A reduction in the numbers of marine mammals (total number or 
number at biologically important time or location) exposed to received 
levels of pile driving, or other activities expected to result in the 
take of marine mammals (this goal may contribute to 1, above, or to 
reducing harassment takes only).
    3. A reduction in the number of times (total number or number at 
biologically important time or location) individuals would be exposed 
to received levels of pile driving, or other activities expected to 
result in the take of marine mammals (this goal may contribute to 1, 
above, or to reducing harassment takes only).
    4. A reduction in the intensity of exposures (either total number 
or number at biologically important time or location) to received 
levels of pile driving, or other activities expected to result in the 
take of marine mammals (this goal may contribute to a, above, or to 
reducing the severity of harassment takes only).
    5. Avoidance or minimization of adverse effects to marine mammal 
habitat, paying special attention to the food base, activities that 
block or limit passage to or from biologically important areas, 
permanent destruction of habitat, or temporary destruction/disturbance 
of habitat during a biologically important time.
    6. For monitoring directly related to mitigation--an increase in 
the probability of detecting marine mammals, thus allowing for more 
effective implementation of the mitigation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on marine mammal species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, areas of similar significance, and on the availability 
of such species or stock for subsistence uses.

Proposed Monitoring and Reporting

Monitoring

    In order to issue an incidental take authorization for an activity, 
section 101(a)(5)(D) of the Marine Mammal Protection Act states that we 
must set forth ``requirements pertaining to the monitoring and 
reporting of such taking.'' The Act's implementing regulations at 50 
CFR 216.104 (a)(13) indicate that requests for an incidental take 
authorization must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and our expectations of the level of taking or 
impacts on populations of marine mammals present in the action area.
    Glacier Bay NP submitted a marine mammal monitoring plan in section 
13 of their Authorization application. NMFS may modify or supplement 
the plan based on comments or new information received from the public 
during the public comment period. Any monitoring requirement NMFS 
prescribes should improve our understanding of one or more of the 
following:
     Occurrence of marine mammal species in action area (e.g., 
presence, abundance, distribution, density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
Affected species (e.g., life history, dive patterns); (3) Co-occurrence 
of marine mammal species with the action; or (4) Biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual responses to acute stressors, or impacts of 
chronic exposures (behavioral or physiological);
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of an individual; or (2) Population, 
species, or stock;
     Effects on marine mammal habitat and resultant impacts to 
marine mammals; and
     Mitigation and monitoring effectiveness.
    As part of its application, Glacier Bay NP proposes to conduct 
marine mammal monitoring during the present project, in order to 
implement the mitigation measures that require real-time monitoring. 
The researchers will monitor the area for pinnipeds during all research 
activities. Monitoring activities will consist of conducting and 
recording observations on pinnipeds within the vicinity of the proposed 
research areas. The monitoring notes would provide dates, location, 
species, the researcher's activity, behavioral state, numbers of 
animals that were alert or moved greater than one meter, and numbers of 
pinnipeds that flushed into the water.
    The method for recording disturbances follows those in Mortenson 
(1996). Glacier Bay NP would record disturbances on a three-point scale 
that represents an increasing seal response to the disturbance (Table 
6). Glacier Bay will record the time, source, and duration of the 
disturbance, as well as an estimated distance between the source and 
haul-out. NMFS would consider only responses falling into Levels 2 and 
3 as harassment under the MMPA, under the terms of this proposed 
authorization.

[[Page 12940]]



                                      Table 6--Seal Response to Disturbance
----------------------------------------------------------------------------------------------------------------
              Level                  Type of response                           Definition
----------------------------------------------------------------------------------------------------------------
1................................  Alert...............  Seal head orientation or brief movement in response to
                                                          disturbance, which may include turning head towards
                                                          the disturbance, craning head and neck while holding
                                                          the body rigid in a u-shaped position, changing from a
                                                          lying to a sitting position, or brief movement of less
                                                          than twice the animal's body length. Alerts would be
                                                          recorded, but not counted as a `take'.
2................................  Movement............  Movements in response to the source of disturbance,
                                                          ranging from short withdrawals at least twice the
                                                          animal's body length to longer retreats over the
                                                          beach, or if already moving a change of direction of
                                                          greater than 90 degrees. These movements would be
                                                          recorded and counted as a `take'.
3................................  Flush...............  All retreats (flushes) to the water. Flushing into the
                                                          water would be recorded and counted as a `take'.
----------------------------------------------------------------------------------------------------------------

    Glacier Bay NP has complied with the monitoring requirements under 
the previous authorizations. NMFS posted the 2016 report on our Web 
site at http://www.nmfs.noaa.gov/pr/permits/incidental/research.htm and 
the results from the previous Glacier Bay NP monitoring reports support 
our findings that the proposed mitigation measures required under the 
2014--2016 Authorizations, provide the means of effecting the least 
practicable impact on the species or stock. During the last two years 
of this activity, approximately a third of all observed harbor seals 
have flushed in response to these activities (37 percent in 2015 and 36 
percent in 2016). In 2016, of the 216 harbor seals that were observed: 
77 flushed in to the water, 3 became alert but did not move >1 m, and 
17 moved >1 m but did not flush into the water. On five occasions, 
harbor seals were flushed into the water when islands were accessed for 
gull surveys. In these instances, the vessel approached the island at 
very slow speed and most of the harbor seals flushed into the water at 
approximately 50-100 m. In 4 instances, fewer than 25 harbor seals were 
present, but in 1 instance, 41 harbor seals were observed flushing into 
the water when NPS first saw them as they rounded a point of land in 
kayaks accessing Flapjack Island. In 5 instances, harbor seals were 
observed hauled out and not disturbed due to their distance from the 
survey areas. In 2015, of the 156 harbor seals that were observed: 57 
flushed in to the water, 25 became alert but did not move >1 m, and 
zero moved >1 m but did not flush into the water. No pups were 
observed. On two occasions, harbor seals were observed at the study 
sites in numbers <25 and the islands were accessed for gull surveys. In 
these instances, the vessel approached the island at very slow speed 
and most of the harbor seals flushed into water at approximately 200 m 
(Geikie 8/5/15) and 280 m (Lone, 8/5/15). In one instance, (Lone, 6/11/
15) NPS counted 20 harbor seals hauled out during our initial vessel-
based monitoring, but once on the island, NPS observed 33 hauled out 
seals. When NPS realized the number of seals present, they ceased the 
survey and left the area, flushing 13 seals into the water.
    Glacier Bay NP can add to the knowledge of pinnipeds in the 
proposed action area by noting observations of: (1) Unusual behaviors, 
numbers, or distributions of pinnipeds, such that any potential follow-
up research can be conducted by the appropriate personnel; (2) tag-
bearing carcasses of pinnipeds, allowing transmittal of the information 
to appropriate agencies and personnel; and (3) rare or unusual species 
of marine mammals for agency follow-up. Glacier Bay NP actively 
monitors harbor seals at breeding and molting haul out locations to 
assess trends over time (e.g., Mathews & Pendleton, 2006; Womble et al. 
2010, Womble and Gende, 2013b). This monitoring program involves 
collaborations with biologists from the Alaska Department of Fish and 
Game, and the Alaska Fisheries Science Center. Glacier Bay NP will 
continue these collaborations and encourage continued or renewed 
monitoring of marine mammal species. Additionally, Glacier Bay NP would 
report vessel-based counts of marine mammals, branded, or injured 
animals, and all observed disturbances to the appropriate state and 
federal agencies.

Reporting

    Glacier Bay NP will submit a draft monitoring report to us no later 
than 90 days after the expiration of the Incidental Harassment 
Authorization, if issued. The report will include a summary of the 
information gathered pursuant to the monitoring requirements set forth 
in the Authorization. Glacier Bay NP will submit a final report to NMFS 
within 30 days after receiving comments on the draft report. If Glacier 
Bay NP receives no comments from NMFS on the report, NMFS will consider 
the draft report to be the final report.
    The report will describe the operations conducted and sightings of 
marine mammals near the proposed project. The report will provide full 
documentation of methods, results, and interpretation pertaining to all 
monitoring. The report will provide:
    1. A summary and table of the dates, times, and weather during all 
research activities.
    2. Species, number, location, and behavior of any marine mammals 
observed throughout all monitoring activities.
    3. An estimate of the number (by species) of marine mammals exposed 
to acoustic or visual stimuli associated with the research activities.
    4. A description of the implementation and effectiveness of the 
monitoring and mitigation measures of the Authorization and full 
documentation of methods, results, and interpretation pertaining to all 
monitoring.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), Glacier Bay NP 
shall immediately cease the specified activities and immediately report 
the incident to the Office of Protected Resources, NMFS and the Alaska 
Regional Stranding Coordinator. The report must include the following 
information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Glacier Bay NP shall not resume its activities until NMFS is able 
to review the circumstances of the prohibited take. NMFS will work with 
Glacier Bay

[[Page 12941]]

to determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. Glacier Bay NP may not 
resume their activities until notified by us via letter, email, or 
telephone.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead researcher determines that the cause of the 
injury or death is unknown and the death is relatively recent (i.e., in 
less than a moderate state of decomposition as we describe in the next 
paragraph), Glacier Bay NP will immediately report the incident to the 
Office of Protected Resources, NMFS and the Alaska Regional Stranding 
Coordinator. The report must include the same information identified in 
the paragraph above this section. Activities may continue while we 
review the circumstances of the incident. We will work with Glacier Bay 
NP to determine whether modifications in the activities are 
appropriate.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead visual observer determines that the injury 
or death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Glacier Bay NP will report the 
incident to the incident to the Office of Protected Resources, NMFS and 
the Alaska Regional Stranding Coordinator within 24 hours of the 
discovery. Glacier Bay NP researchers will provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to us. Glacier Bay NP can continue their research activities.

Negligible Impact Analysis and Preliminary Determinations

    NMFS has defined negligible impact 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'' (50 CFR 216.103). 
A negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes, alone, is not 
enough information on which to base an impact determination. In 
addition to considering the authorized number of marine mammals that 
might be ``taken'' through harassment, NMFS considers other factors, 
such as the likely nature of any responses (e.g., intensity, duration), 
the context of any responses (e.g., critical reproductive time or 
location, migration, etc.), as well as effects on habitat, the status 
of the affected stocks, and the likely effectiveness of the mitigation. 
Consistent with the 1989 preamble for NMFS' implementing regulations 
(54 FR 40338; September 29, 1989), the impacts from other past and 
ongoing anthropogenic activities are incorporated into these analyses 
via their impacts on the environmental baseline (e.g., as reflected in 
the regulatory status of the species, population size and growth rate 
where known, ongoing sources of human-caused mortality, or ambient 
noise levels).
    In making a negligible impact determination, we consider:
     The number of anticipated injuries, serious injuries, or 
mortalities;
     The number, nature, and intensity, and duration of Level B 
harassment;
     The context in which the takes occur (e.g., impacts to 
areas of significance, impacts to local populations, and cumulative 
impacts when taking into account successive/contemporaneous actions 
when added to baseline data);
     The status of stock or species of marine mammals (i.e., 
depleted, not depleted, decreasing, increasing, stable, impact relative 
to the size of the population);
     Impacts on habitat affecting rates of recruitment/
survival; and
     The effectiveness of monitoring and mitigation measures to 
reduce the number or severity of incidental take.
    For reasons stated previously in this document and based on the 
following factors, NMFS does not expect Glacier Bay NP's specified 
activities to cause long-term behavioral disturbance, abandonment of 
the haul-out area, injury, serious injury, or mortality:
    1. The takes from Level B harassment would be due to potential 
behavioral disturbance. The effects of the research activities would be 
limited to short-term startle responses and localized behavioral 
changes due to the short and sporadic duration of the research 
activities.
    2. The availability of alternate areas for pinnipeds to avoid 
disturbances from research operations. Anecdotal observations and 
results from previous monitoring reports also show that the pinnipeds 
returned to the various sites and did not permanently abandon haul-out 
sites after Glacier Bay NP conducted their research activities.
    3. There is little potential for stampeding events or large-scale 
flushing events leading to injury, serious injury, or mortality. 
Researchers would not access the survey sites if Steller sea lions are 
present. Harbor seals are a species that do not stampede, but flush, 
and injury or mortality is not anticipated from flushing events. 
Researchers would approach study sites slowly to provide enough time 
for any marine mammals present to slowly enter the water without panic.
    We do not anticipate that any injuries, serious injuries, or 
mortalities would occur as a result of Glacier Bay NP's proposed 
activities and we do not propose to authorize injury, serious injury, 
or mortality. Harbor seals may exhibit behavioral modifications, 
including temporarily vacating the area during the proposed gull 
research activities to avoid human disturbance. Further, these proposed 
activities would not take place in areas of significance for marine 
mammal feeding, resting, breeding, or pupping and would not adversely 
impact marine mammal habitat. Due to the nature, degree, and context of 
the behavioral harassment anticipated, we do not expect the activities 
to impact annual rates of recruitment or survival.
    NMFS does not expect pinnipeds to permanently abandon any area 
surveyed by researchers, as is evidenced by continued presence of 
pinnipeds at the sites during annual gull monitoring. In summary, NMFS 
anticipates that impacts to hauled-out harbor seals during Glacier Bay 
NP's research activities would be behavioral harassment of limited 
duration (i.e., up to two hours per visit) and limited intensity (i.e., 
temporary flushing at most).
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of the relevant 
species or stock size in our determination of whether an authorization 
is limited to small numbers of marine mammals.

[[Page 12942]]

    As mentioned previously, NMFS estimates that Glacier Bay NP's 
activities could potentially affect, by Level B harassment only, one 
species of marine mammal under our jurisdiction. For harbor seals, this 
estimate is small (3 percent) relative of the Glacier Bay/Icy Strait 
stock of harbor seals (7,210 seals, see Table 2).
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals would be taken relative to the population 
size of the affected species or stocks.

Impact on Availability of Affected Species or Stock for Taking for 
Subsistence Uses

    Section 101(a)(5)(D) of the MMPA also requires us to determine that 
the taking will not have an unmitigable adverse effect on the 
availability of marine mammal species or stocks for subsistence use. 
There are no relevant subsistence uses of marine mammals implicated by 
this action. Glacier Bay NP prohibits subsistence harvest of harbor 
seals within the Park (Catton, 1995). Thus, NMFS has determined that 
the total taking of affected species or stocks would not have an 
unmitigable adverse impact on the availability of such species or 
stocks for taking for subsistence purposes.

Endangered Species Act (ESA)

    Issuance of an MMPA authorization requires compliance with the ESA. 
No incidental take of ESA-listed species is proposed for authorization 
or expected to result from this activity. Therefore, NMFS has 
determined that formal consultation under section 7 of the ESA is not 
required for this action.

National Environmental Policy Act

    In compliance with NOAA policy, the National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), and the Council on 
Environmental Quality Regulations (40 CFR parts 1500-1508), NMFS 
preliminarily determined the issuance of the proposed IHA qualifies to 
be categorically excluded from further NEPA review. This action is 
consistent with categories of activities identified in CE B4 of the 
Companion Manual for NOAA Administrative Order 216-6A, which do not 
individually or cumulatively have the potential for significant impacts 
on the quality of the human environment and we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to the NPS Glacier Bay NP for conducting gull monitoring 
and research activities from May 1 through September 30, 2017, provided 
the previously mentioned mitigation, monitoring, and reporting 
requirements are incorporated. The section contains a draft of the IHA 
itself. The wording contained in this section is proposed for inclusion 
in the IHA (if issued).
    Glacier Bay NP and/or its designees (holders of the Authorization) 
are hereby authorized under section 101(a)(5)(D) of the Marine Mammal 
Protection Act (16 U.S.C. 1371(a)(5)(D)) to harass small numbers of 
marine mammals incidental to conducting monitoring and research studies 
on glaucous-winged gulls (Larus glaucescens) within Glacier Bay NP, 
Alaska.
    1. This Authorization is valid from May 1 through September 30, 
2017.
    2. This Authorization is valid only for research activities that 
occur at the following locations: Boulder (58[deg]33'18.08'' N.; 
136[deg]1'13.36'' W.); Lone (58[deg]43'17.67'' N.; 136[deg]17'41.32'' 
W.), and Flapjack (58[deg]35'10.19'' N.; 135[deg]58'50.78'' W.) 
Islands, and Geikie Rock (58[deg]41'39.75'' N.; 136[deg]18'39.06'' W.) 
in Glacier Bay, Alaska.
    3. Species Authorized and Level of Takes.
    a. The taking, by Level B harassment only, is limited to 218 takes 
of the Pacific harbor seal (Phoca vitulina).
    b. The taking by injury (Level A harassment), serious injury or 
death of any of the species listed in Condition 3(a) or the taking of 
any kind of any other species of marine mammal is prohibited and may 
result in the modification, suspension or revocation of this 
Authorization.
    c. The taking of any marine mammal in a manner prohibited under 
this Authorization must be reported immediately to the Office of 
Protected Resources, NMFS.
    4. General Conditions
    A copy of this Authorization must be in the possession of Glacier 
Bay NP, its designees, and field crew personnel (including research 
collaborators) operating under the authority of this Authorization at 
all times.
    5. Mitigation Measures
    The Holder of this Authorization is required to implement the 
following mitigation measures:
    a. Conduct pre-survey monitoring before deciding to access a study 
site. Prior to deciding to land onshore of Boulder, Lone, or Flapjack 
Islands or Geikie Rock, the Holder of this Authorization shall use 
high-powered image stabilizing binoculars before approaching at 
distances of greater than 500 m (1,640 ft) to determine and document 
the number, species, and location of hauled out marine mammals. The 
vessels shall maintain a distance of 328 to 1,640 ft (100 to 500 m) 
from the shoreline. If the Holder of the Authorization determines that 
any Steller sea lions (Eumetopias jubatus) are present at the study 
site, the Holder shall not access the island and will not conduct the 
study at that time.
    b. Minimize the potential for disturbance by: (1) Performing 
controlled and slow ingress to the study site to prevent a flushing; 
and (2) selecting a pathway of approach farthest from the hauled out 
harbor seals to minimize disturbance.
    c. Monitor for offshore predators at the study sites and shall 
avoid research activities when killer whales (Orcinus orca) are 
present.
    d. Maintain a quiet working atmosphere, avoid loud noises, and 
shall use hushed voices in the presence of hauled out pinnipeds.
    6. Monitoring
    a. NPS and/or its designees shall record the following:
    i. Species counts (with numbers of adults/juveniles); and:
    ii. Numbers of disturbances, by species and age, according to a 
three-point scale of intensity (Table 7) including:

                                      Table 7--Seal Response to Disturbance
----------------------------------------------------------------------------------------------------------------
               Level                   Type of response                          Definition
----------------------------------------------------------------------------------------------------------------
1.................................  Alert................  Seal head orientation or brief movement in response
                                                            to disturbance, which may include turning head
                                                            towards the disturbance, craning head and neck while
                                                            holding the body rigid in a u-shaped position,
                                                            changing from a lying to a sitting position, or
                                                            brief movement of less than twice the animal's body
                                                            length. Alerts would be recorded, but not counted as
                                                            a `take'.

[[Page 12943]]

 
2.................................  Movement.............  Movements in response to the source of disturbance,
                                                            ranging from short withdrawals at least twice the
                                                            animal's body length to longer retreats over the
                                                            beach, or if already moving a change of direction of
                                                            greater than 90 degrees.
3.................................  Flush................  All retreats (flushes) to the water.
----------------------------------------------------------------------------------------------------------------

    iii. Information on the weather, including the tidal state and 
horizontal visibility.
    b. The observer shall note observations of marked or tag-bearing 
pinnipeds or carcasses, as well as any rare or unusual species of 
marine mammal.
    c. The observer shall note the presence of any offshore predators 
(date, time, number, and species).
    7. Reporting
    The holder of this Authorization is required to:
    a. Draft Report: Submit a draft monitoring report to the Office of 
Protected Resources, NMFS within 90 days after the Authorization 
expires. NMFS shall review the Draft Report which is subject to review 
and comment by NMFS. Glacier Bay NP must address any recommendations 
made by NMFS in the Final Report prior to submission to NMFS.
    b. Final Report: Glacier Bay shall prepare and submit a Final 
Report to NMFS within 30 days following resolution of any comments on 
the draft report from NMFS.
    8. Reporting Injured or Dead Marine Mammals
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner prohibited by the 
authorization, such as an injury (Level A harassment), serious injury, 
or mortality (e.g., vessel-strike, stampede, etc.), The NPS' Glacier 
Bay NP and/or its designees shall immediately cease the specified 
activities and immediately report the incident to the Office of 
Protected Resources, NMFS, and the Alaska Regional Stranding 
Coordinator. The report must include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Description and location of the incident (including water 
depth, if applicable);
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    Glacier Bay NP shall not resume its activities until NMFS is able 
to review the circumstances of the prohibited take. NMFS shall work 
with Glacier Bay NP to determine what is necessary to minimize the 
likelihood of further prohibited take and ensure MMPA compliance. 
Glacier Bay NP may not resume their activities until notified by us via 
letter, email, or telephone.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the marine mammal observer determines that the cause 
of the injury or death is unknown and the death is relatively recent 
(i.e., in less than a moderate state of decomposition as we describe in 
the next paragraph), Glacier Bay NP shall immediately report the 
incident to the Office of Protected Resources, NMFS, and the Alaska 
Regional Stranding Coordinator. The report must include the same 
information identified in the paragraph above this section. Activities 
may continue while NMFS reviews the circumstances of the incident. NMFS 
would work with Glacier Bay NP to determine whether modifications in 
the activities are appropriate.
    In the event that Glacier Bay NP discovers an injured or dead 
marine mammal, and the lead visual observer determines that the injury 
or death is not associated with or related to the authorized activities 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Glacier Bay NP shall report the 
incident to the Office of Protected Resources, NMFS, and the Alaska 
Regional Stranding Coordinator within 24 hours of the discovery. 
Glacier Bay NP personnel shall provide photographs or video footage or 
other documentation of the stranded animal sighting to us. Glacier Bay 
NP can continue their survey activities while NMFS reviews the 
circumstances of the incident.

Request for Public Comments

    NMFS requests comments on our analysis, the draft authorization, 
and any other aspect of the Notice of Proposed IHA for Glacier Bay's 
project activities in AK. Please include with your comments any 
supporting data or literature citations to help inform our final 
decision on the NPS request for an MMPA authorization.

    Dated: March 2, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-04467 Filed 3-7-17; 8:45 am]
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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                             12931

                                                  whales during their calving season. This                Service (NPS) at Glacier Bay National                 upon request by U.S. citizens who
                                                  EFP would not authorize the collection                  Park (Glacier Bay NP) for an Incidental               engage in a specified activity (other than
                                                  of warsaw grouper, speckled hind,                       Harassment Authorization (IHA) to take                commercial fishing) within a specified
                                                  goliath grouper, and Nassau grouper.                    marine mammals, by harassment,                        area, the incidental, but not intentional,
                                                     The overall intent of the project is to              incidental to conducting proposed gull                taking of small numbers of marine
                                                  incorporate native species into                         monitoring and research activities                    mammals, provided that certain
                                                  educational exhibits at the South                       within Glacier Bay NP from May                        findings are made and the necessary
                                                  Carolina Aquarium. The aquarium uses                    through September, 2017. Pursuant to                  prescriptions are established.
                                                  these displays of native South Carolina                 the Marine Mammal Protection Act                         The incidental taking of small
                                                  species to teach the public about                       (MMPA), NMFS is requesting comments                   numbers of marine mammals shall be
                                                  stewardship and habitat preservation.                   on its proposal to issue an IHA to the                allowed if NMFS (through authority
                                                     NMFS finds this application warrants                 NPS at Glacier Bay NP to incidentally                 delegated by the Secretary) finds that
                                                  further consideration. Possible                         take marine mammals during the                        the total taking by the specified activity
                                                  conditions the agency may impose on                     specified activities.                                 during the specified time period will (i)
                                                  this permit, if it is granted, include but              DATES: Comments and information must                  have a negligible impact on the species
                                                  are not limited to, a prohibition of                    be received no later than April 7, 2017.              or stock(s) and (ii) not have an
                                                  collection of specimens within marine                                                                         unmitigable adverse impact on the
                                                                                                          ADDRESSES: Submit your comments on
                                                  protected areas, marine sanctuaries,                                                                          availability of the species or stock(s) for
                                                                                                          the application by either of the
                                                  special management zones, or artificial                                                                       subsistence uses (where relevant).
                                                                                                          following methods:
                                                  reefs without additional authorization.                    Mail: Jolie Harrison, Chief, Permits               Further, the permissible methods of
                                                  Currently, NMFS prohibits the                                                                                 taking, as well as the other means of
                                                                                                          and Conservation Division, Office of
                                                  possession of Nassau grouper, goliath                                                                         effecting the least practicable adverse
                                                                                                          Protected Resources, NMFS, 1315 East-
                                                  grouper, speckled hind, warsaw                                                                                impact on the species or stock and its
                                                                                                          West Highway, Silver Spring, MD
                                                  grouper, and red snapper but intends to                                                                       habitat (i.e., mitigation) must be
                                                                                                          20910.
                                                  authorize collection of red snapper as                     Electronic: Comments should be sent                prescribed. Last, requirements
                                                  requested in the application. NMFS                      to ITP.Egger@noaa.gov.                                pertaining to the monitoring and
                                                  would require any sea turtles taken                        Instructions: NMFS is not responsible              reporting of such taking must be set
                                                  incidentally during the course of fishing               for comments sent by any other method,                forth.
                                                  or scientific research activities to be                 to any other address or individual, or                   Where there is the potential for
                                                  handled with due care to prevent injury                 received after the end of the comment                 serious injury or death, the allowance of
                                                  to live specimens, observed for activity,               period. Comments received                             incidental taking requires promulgation
                                                  and returned to the water.                              electronically, including all                         of regulations under section
                                                     A final decision on issuance of the                                                                        101(a)(5)(A). Subsequently, a Letter (or
                                                                                                          attachments, must not exceed a 25-
                                                  EFP will depend on NMFS’ review of                                                                            Letters) of Authorization may be issued
                                                                                                          megabyte file size. Attachments to
                                                  public comments received on the                                                                               as governed by the prescriptions
                                                                                                          electronic comments will be accepted in
                                                  application, consultations with the                                                                           established in such regulations,
                                                                                                          Microsoft Word or Excel or Adobe PDF
                                                  affected states, the Council, and the U.S.                                                                    provided that the level of taking will be
                                                                                                          file formats only. All comments
                                                  Coast Guard, and a determination that it                                                                      consistent with the findings made for
                                                                                                          received are a part of the public record
                                                  is consistent with all applicable laws.                                                                       the total taking allowable under the
                                                                                                          and will generally be posted online at
                                                     Authority: 16 U.S.C. 1801 et seq.                                                                          specific regulations. Under section
                                                                                                          http://www.nmfs.noaa.gov/pr/permits/
                                                                                                                                                                101(a)(5)(D), NMFS may authorize
                                                    Dated: March 3, 2017.                                 incidental/research.htm without
                                                                                                                                                                incidental taking by harassment only
                                                  Emily H. Menashes,                                      change. All personal identifying
                                                                                                                                                                (i.e., no serious injury or mortality), for
                                                  Acting Director, Office of Sustainable                  information (e.g., name, address),
                                                                                                                                                                periods of not more than one year,
                                                  Fisheries, National Marine Fisheries Service.           confidential business information or
                                                                                                                                                                pursuant to requirements and
                                                  [FR Doc. 2017–04543 Filed 3–7–17; 8:45 am]              otherwise sensitive or protected
                                                                                                                                                                conditions contained within an IHA.
                                                                                                          information submitted voluntarily by
                                                  BILLING CODE 3510–22–P                                                                                        The promulgation of regulations or
                                                                                                          the commenter is publicly accessible.
                                                                                                                                                                issuance of IHAs (with their associated
                                                                                                          NMFS will accept anonymous
                                                                                                                                                                prescripted mitigation, monitoring, and
                                                  DEPARTMENT OF COMMERCE                                  comments (note this in the
                                                                                                                                                                reporting) requires notice and
                                                                                                          correspondence if you wish to remain
                                                  National Oceanic and Atmospheric                                                                              opportunity for public comment.
                                                                                                          anonymous).                                              NMFS has defined ‘‘negligible
                                                  Administration
                                                                                                          FOR FURTHER INFORMATION CONTACT:                      impact’’ in 50 CFR 216.103 as ‘‘. . . an
                                                  RIN 0648–XF118                                          Stephanie Egger, Office of Protected                  impact resulting from the specified
                                                                                                          Resources, NMFS, (301) 427–8401.                      activity that cannot be reasonably
                                                  Takes of Marine Mammals Incidental to                   Electronic copies of the applications                 expected to, and is not reasonably likely
                                                  Specified Activities; Gull Monitoring                   and supporting documents, as well as a                to, we adversely affect the species or
                                                  and Research in Glacier Bay National                    list of the references cited in this                  stock through effects on annual rates of
                                                  Park, Alaska, 2017                                      document, may be obtained online at:                  recruitment or survival.’’
                                                  AGENCY:  National Marine Fisheries                      http://www.nmfs.noaa.gov/pr/permits/                     NMFS has defined ‘‘unmitigable
                                                  Service (NMFS), National Oceanic and                    incidental/research.htm. In case of                   adverse impact’’ in 50 CFR 216.103 as
                                                                                                          problems accessing these documents,                   ‘‘. . . an impact resulting from the
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                                                  Atmospheric Administration (NOAA),
                                                  Commerce.                                               please call the contact listed above.                 specified activity:
                                                  ACTION: Notice; proposed incidental                     SUPPLEMENTARY INFORMATION:                               (1) That is likely to reduce the
                                                  harassment authorization; request for                                                                         availability of the species to a level
                                                                                                          Background                                            insufficient for a harvest to meet
                                                  comments.
                                                                                                            Sections 101(a)(5)(A) and (D) of the                subsistence needs by: (i) Causing the
                                                  SUMMARY:  NMFS has received an                          MMPA (16 U.S.C. 1361 et seq.) direct                  marine mammals to abandon or avoid
                                                  application from the National Park                      the Secretary of Commerce to allow,                   hunting areas; (ii) directly displacing


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                                                  12932                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  subsistence users; or (iii) placing                     study sites in Glacier Bay, AK. Marine                  Glacier Bay NP must conduct the gull
                                                  physical barriers between the marine                    mammals have only been observed at                    monitoring studies to meet the
                                                  mammals and the subsistence hunters;                    four of the six study sites. The proposed             requirements of a 2010 Record of
                                                  and                                                     activities would occur over the course of             Decision for a Legislative Environmental
                                                     (2) That cannot be sufficiently                      five months, from May through                         Impact Statement (LEIS) (NPS, 2010)
                                                  mitigated by other measures to increase                 September, 2017.                                      which states that Glacier Bay NP must
                                                  the availability of marine mammals to                      The following aspects of the proposed              initiate a monitoring program for the
                                                  allow subsistence needs to be met.                      gull research activities have the                     gulls to inform future native egg
                                                     Except with respect to certain                       potential to take marine mammals:                     harvests by the Hoonah Tlingit in
                                                  activities not pertinent here, section                  Noise generated by motorboat                          Glacier Bay, AK. Glacier Bay NP also
                                                  3(18) of the MMPA defines                               approaches and departures; noise                      actively monitors harbor seals at
                                                  ‘‘harassment’’ as: Any act of pursuit,                  generated by researchers while                        breeding and molting sites to assess
                                                  torment, or annoyance which (i) has the                 conducting ground surveys; and human                  population trends over time (e.g.,
                                                  potential to injure a marine mammal or                  presence (visual disturbance) during the              Mathews & Pendleton, 2006; Womble et
                                                  marine mammal stock in the wild (Level                  monitoring and research activities.                   al., 2010). Glacier Bay NP coordinates
                                                  A harassment); or (ii) has the potential                Harbor seals hauled out at the study                  pinniped monitoring programs with
                                                  to disturb a marine mammal or marine                    sites may flush into the water or exhibit             NMFS’ Alaska Fisheries Science Center
                                                  mammal stock in the wild by causing                     temporary modification in behavior                    and the Alaska Department of Fish and
                                                  disruption of behavioral patterns,                      (Level B harassment). Thus, Glacier Bay               Game and plans to continue these
                                                  including, but not limited to, migration,               NP has requested an authorization to                  collaborations and sharing of
                                                  breathing, nursing, breeding, feeding, or               take harbor seals by Level B harassment               monitoring data and observations in the
                                                  sheltering (Level B harassment).                        only. Although Steller sea lions                      future.
                                                                                                          (Eumetopias jubatus) may be present in
                                                  Summary of Request                                      the action area, Glacier Bay NP has                   Dates and Duration
                                                    On November 22, 2016, NMFS                            proposed to avoid any site used by                      From May 1 through September 30,
                                                  received an application from Glacier                    Steller sea lions.                                    2017, Glacier Bay NP proposes to
                                                  Bay NP requesting taking by harassment                  Description of the Specified Activity                 conduct a maximum of three ground-
                                                  of marine mammals, incidental to                                                                              based surveys per each study site and a
                                                  conducting monitoring and research                      Overview                                              maximum of two vessel-based surveys
                                                  studies on glaucous-winged gulls (Larus                    Glacier Bay NP proposes to identify                per each study site. Duration of surveys
                                                  glaucescens) within Glacier Bay NP,                     the onset of gull nesting; conduct mid-               would be 30 minutes (min) to two hours
                                                  Alaska. The application was considered                  season surveys of adult gulls, and locate             (hr) each.
                                                  adequate and complete on February 10,                   and document gull nest sites within the
                                                                                                                                                                Specified Geographic Region
                                                  2017. NMFS previously issued three                      following study areas: Boulder, Lone,
                                                  IHAs to Glacier Bay NP for the same                     and Flapjack Islands, and Geikie Rock.                   The proposed study sites would occur
                                                  activities from 2014 to 2016 (79 FR                     Each of these study sites contains harbor             in the vicinity of the following
                                                  56065, September 18, 2014; 80 FR                        seal haulout sites and Glacier Bay NP                 locations: Boulder, Lone, and Flapjack
                                                  28229, May 18, 2015; 81 FR 34994, May                   proposes to visit each study site up to               Islands, and Geikie Rock in Glacier Bay,
                                                  16, 2016).                                              five times during the research season.                Alaska. Glacier Bay NP will also
                                                    For the 2017 research season, Glacier                 Glacier Bay NP also proposes to conduct               conduct studies at South Marble Island
                                                  Bay NP again proposes to conduct                        studies at South Marble Island and                    and Tlingit Point Islet (see Figure 1);
                                                  ground-based and vessel-based surveys                   Tlingit Point Islet; however, there are no            however, there are no reported pinniped
                                                  to collect data on the number and                       reported pinniped haulouts at those                   haulout sites at those locations.
                                                  distribution of nesting gulls within six                locations.                                            BILLING CODE 3510–22–P
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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                            12933




                                                  BILLING CODE 3510–22–C                                  summer months (Hunn, 2002). This                      requirements outlined in the LEIS
                                                  Detailed Description of Activities                      historic egg harvest in Glacier Bay was               include: Identify the onset of gull
                                                                                                          an important activity both for cultural               nesting, conduct mid-season adult
                                                     Glaucous-winged gulls are common                     and nutritional purposes. Legislation is              counts, count number of eggs in nests
                                                  inshore residents along the                             currently underway (Hoonah Tlingit                    during harvest, conduct complete nest
                                                  northwestern coast of North America                     Traditional Gull Egg Use Act: S. 156 and              surveys just before hatch on harvested
                                                  (Hayward and Verbeek, 2008). These                      H. R. 3110) to allow native subsistence               islands, and document other bird and
                                                  gulls nest colonially in small and large                harvest of glaucous-winged gulls at up                marine mammal species (pinnipeds
                                                  aggregations, often on islands.                         to 15 locations in Glacier Bay NP. An                 present onshore) that may be impacted
                                                  Glaucous-winged gulls are abundant in                   LEIS for gull egg harvest was developed
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                                                                                                                                                                by harvest activities. Harvest sites will
                                                  Southeast AK throughout the year and                    and finalized in 2010 (NPS, 2010). The                be selected based on several
                                                  nest colonially on islands in Glacier Bay               LEIS Record of Decision mandates that                 characteristics including size of colony;
                                                  from mid-May to August (Patten, 1974).                  the NPS develop a monitoring program
                                                                                                                                                                population parameters including
                                                  Traditionally the Hoonah Tlingit, whose                 to inform a yearly traditional harvest
                                                                                                                                                                productivity, population status, recent
                                                  ancestral homeland encompasses                          plan and ensure that harvest activities
                                                  Glacier Bay NP, harvested gull eggs                     do not impact park purposes and values                harvest, age of colony; and minimizing
                                                                                                                                                                disturbance to other species present.
                                                                                                                                                                                                            EN08MR17.000</GPH>




                                                  annually during the spring and early                    (NPS, 2010). Annual monitoring


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                                                  12934                             Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                     The goal of this project is to collect                   ground surveys, observers will also                     Description of Marine Mammals in the
                                                  data on the number and distribution of                      record other bird and marine mammal                     Area of the Specified Activity
                                                  nesting glaucous-winged gulls to fulfill                    species in proximity to colonies.                          Sections 3 and 4 of the NPS’
                                                  the mandates of the LEIS Record of                             The observers would access each                      application and the 2015 and 2016
                                                  Decision and to inform the annual gull                      island using a kayak, a 32.8 to 39.4-foot               monitoring reports contain detailed
                                                  egg harvest. Gull monitoring will be                        (ft) (10 to 12 meter (m)) motorboat, or a               information on the abundance, status,
                                                  conducted using a combination of                            12 ft (4 m) inflatable rowing dinghy. The               and distribution of the species at the
                                                  ground and vessel surveys by landing at                     landing craft’s transit speed would not                 study sites from ground and vessel
                                                  specific access points on the islands.                      exceed 4 knots (kn) (4.6 miles per hour                 surveys that NPS has conducted as well
                                                  Glacier Bay NP proposes to conduct: (1)                     (mph)). Ground surveys generally last                   as information from harbor seal
                                                  Ground-based surveys at a maximum                           30 min to two hrs each depending on                     monitoring aerial surveys conducted
                                                  frequency of three visits per site; and (2)                 the size of the island and the number of                between 2007–2015 (Womble
                                                  vessel-based surveys at a maximum                           nesting gulls.                                          unpublished data). This information is
                                                  frequency of two visits per site from the                      Vessel-Based Surveys: Surveys will be                summarized below and may be viewed
                                                  period of May 1 through September 30,                       conducted from the deck of a motorized                  in detail at http://www.nmfs.noaa.gov/
                                                  2017. Surveys can be from 30 min to                         vessel and will be used to count the                    pr/permits/incidental/research.htm.
                                                  two hours.                                                  number of adult and fledgling gulls that                Additional species information is
                                                     Ground-Based Surveys: These surveys                      are visible from the water (Zador, 2001;                available in the NMFS SARs for Alaska
                                                  involve two trained observers                               Arimitsu et al., 2007). Vessel surveys                  at http://www.nmfs.noaa.gov/pr/sars/
                                                  conducting complete nest counts of the                      provide more reliable estimate of the                   region.htm.
                                                  colonies (Zador, 2001; Arimitsu et al.,                     numbers of gulls in the colony than                        Marine mammals under NMFS’
                                                  2007). The survey will encompass all                        ground surveys because NPS can count                    jurisdiction that occur in the vicinity of
                                                  portions of the gull colony accessible to                   nesting birds in areas that are                         the study sites in Glacier Bay NP
                                                  humans and thus represent a census of                       inaccessible by foot and because the                    include the harbor seal and Steller sea
                                                  the harvestable nests. GPS locations of                     birds do not flush from the researchers                 lion (Table 1). Both are protected under
                                                  nests and associated vegetation along                       presence. Glacier Bay NP would                          the MMPA and the Steller sea lion is
                                                  with the number of live and predated                        conduct these surveys by circling the                   listed as endangered (Western Distinct
                                                  eggs will be collected during at least one                  islands at approximately 100 m and                      Population Segment) under the
                                                  visit to obtain precise nest locations to                   counting the number of adult and chick                  Endangered Species Act (ESA).
                                                  characterize nesting habitat. On                            gulls as well as other bird and mammal                  Northern sea otters (Southeast Alaska
                                                  subsequent surveys, nest counts will be                     species present. Surveys can be from 30                 stock) (Enhydra lutris kenyoni) are
                                                  tallied on paper so observers can move                      min to two hrs in duration.                             protected by the MMPA and could
                                                  through the colony more quickly and                            Proposed mitigation, monitoring, and                 occur in the project area. The U.S. Fish
                                                  minimize disturbance. Ground surveys                        reporting measures are described in                     and Wildlife Service manages Northern
                                                  will be discontinued after the first                        detail later in the document (Mitigation                sea otters and are therefore are not
                                                  hatched chick is detected to minimize                       section and Monitoring and Reporting                    discussed further in this proposed
                                                  disturbance and mortalities. During                         section).                                               authorization.

                                                   TABLE 1—GENERAL INFORMATION ON MARINE MAMMALS THAT COULD POTENTIALLY HAUL OUT IN THE PROPOSED STUDY
                                                                        AREAS IN GLACIER BAY, ALASKA, MAY THROUGH SEPTEMBER 2017
                                                                                                                                                    Regulatory
                                                            Species                     Scientific name                   Stock name                                Occurrence and range              Season
                                                                                                                                                     status 1 2

                                                  Harbor seal ...................   (Phoca vitulina) ...........   Glacier Bay/Icy Strait ..       MMPA–NC         common coastal ..........   year-round.
                                                                                                                                                   ESA–NL
                                                  Steller sea lion ..............   (Eumetopias jubatus) ..        Eastern U.S. ................   MMPA–D, S       uncommon coastal ......     year-round.
                                                                                                                                                   ESA–DL
                                                  Steller sea lion ..............   (Eumetopias jubatus) ..        Western U.S. ...............    MMPA–D, S       uncommon coastal ......     unknown.
                                                                                                                                                   ESA–E
                                                     1 MMPA:  D = Depleted, S = Strategic, NC = Not Classified.
                                                     2 ESA: E = Endangered, T = Threatened, DL = Delisted, NL = Not listed.
                                                     3 2015 NMFS Stock Assessment Report (Muto et al., 2015).




                                                  Harbor Seals                                                abundance estimate for Alaskan harbor                     Harbor seals haul out on rocks, reefs,
                                                                                                              seals is 205,090 (Boveng et al. in press                beaches, and drifting glacial ice (Allen
                                                     Harbor seals are the most abundant                       as cited in Muto et al., 2015), based on                and Angliss, 2014). They are non-
                                                  marine mammal species found within                          aerial survey data collected during                     migratory; their local movements are
                                                  the action area and present year-round.                     1998–2011. In 2010, harbor seals in                     associated with tides, weather, season,
                                                  Harbor seals range from Baja California                     Alaska were partitioned into 12 separate                food availability, and reproduction, as
                                                  north along the west coasts of                                                                                      well as sex and age class (Allen and
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                                                                                                              stocks based largely on genetic structure
                                                  Washington, Oregon, California, British                     (Allen and Angliss, 2010). Harbor seals                 Angliss, 2014; Boveng et al., 2012;
                                                  Columbia, and Southeast Alaska; west                        have declined dramatically in some                      Lowry et al., 2001; Swain et al., 1996).
                                                  through the Gulf of Alaska, Prince                          parts of their range over the past few                  Pupping in Alaska generally takes place
                                                  William Sound, and the Aleutian                             decades, while in other parts their                     in May and June; while molting
                                                  Islands; and north in the Bering Sea to                     numbers have increased or remained                      generally occurs from June to October.
                                                  Cape Newenham and the Pribilof                              stable over similar time periods.                         Harbor seals of Glacier Bay are
                                                  Islands. The current statewide                                                                                      considered part of the Glacier Bay/Icy


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                                                                                          Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                                                                       12935

                                                  Strait stock (Table 2)—ranging from                                         terrestrial sites. Long-term monitoring of                                  the abandonment of upper Muir Inlet by
                                                  Cape Fairweather southeast to Column                                        harbor seals on glacial ice has occurred                                    harbor seals (Calambokidis et al., 1987;
                                                  Point, extending inland to Glacier Bay,                                     in Glacier Bay since the 1970s (Mathews                                     Hall et al., 1995; Mathews, 1995 as cited
                                                  Icy Strait, and from Hanus Reef south to                                    and Pendleton, 2006) and has shown                                          in Muto et al., 2015). Prior to 1993, seal
                                                  Tenakee Inlet (Muto et al., 2015). The                                      this area to support one of the largest                                     counts were up to 1,347 in the East Arm
                                                  Glacier Bay/Icy Strait stock showed a                                       breeding aggregations in AK (Steveler,                                      of Glacier Bay; 2008 counts were fewer
                                                  negative population trend estimate for                                      1979; Calambokidis et al., 1987 as cited                                    than 200 (Streveler, 1979; Molnia, 2007
                                                  harbor seals from 1992 to 2008 in June                                      in Muto et al., 2015). After a dramatic                                     as cited in Muto et al., 2015). The
                                                  and August for glacial (¥7.7 percent/yr;                                    retreat of Muir Glacier (more than 7 km),                                   current (2007–2011) estimate of the
                                                  ¥8.2 percent/yr) and terrestrial sites                                      in the East Arm of Glacier Bay, between
                                                                                                                                                                                                          Glacier Bay/Icy Strait population trend
                                                  (¥12.4 percent/yr, August only)                                             1973 and 1986 and the subsequent
                                                                                                                                                                                                          is +179 seals per year, with a probability
                                                  (Womble et al., 2010 as cited in Muto                                       grounding and cessation of calving in
                                                                                                                                                                                                          that the stock is decreasing of 0.40
                                                  et al., 2015). Trend estimates by                                           1993, floating glacial ice was greatly
                                                  Mathews and Pendleton (2006) were                                           reduced as a haul-out substrate for                                         (Muto et al., 2015).
                                                  similarly negative for both glacial and                                     harbor seals and ultimately resulted in

                                                                                                                       TABLE 2—HARBOR SEAL STATUS INFORMATION
                                                                                                                                 ES)/MMPA               Stock abundance
                                                                                                                                   status;                                                    PBR 3                Annual            Relative occurrence/season
                                                       Species                                  Stock                                                  (Nmin, most recent                                          M/SI 4
                                                                                                                                  Strategic           abundance survey) 2                                                                   of occurrence
                                                                                                                                   (Y/N) 1

                                                  Harbor seal ...           Glacier Bay/Icy Strait (Alaska)                      —; N ........          7,210 (5,647; 2011)                           169                    104     Harbor seals are year-round
                                                                                                                                                                                                                                      inhabitants of Glacier Bay,
                                                                                                                                                                                                                                      Alaska.
                                                    1 Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (—) indicates that the species is
                                                  not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct
                                                  human-caused mortality exceeds PBR (see footnote 3) or which is determined to be declining and likely to be listed under the ESA within the
                                                  foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
                                                    2N
                                                        min is the minimum estimate of stock abundance. The most recent abundance survey that is reflected in the abundance estimate is pre-
                                                  sented; there may be more recent surveys that have not yet been incorporated into the estimate.
                                                    3 Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be re-
                                                  moved from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population size (OSP).
                                                    4 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
                                                  commercial fisheries, subsistence hunting, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a
                                                  minimum value. All values presented here are from the final 2015 Harbor Seal, Alaska SAR. (http://www.nmfs.noaa.gov/pr/sars/pdf/stocks/alaska/
                                                  2015/ak2015_sehr.pdf).


                                                    Harbor seals from the Glacier Bay/Icy                                     monitoring surveys likely represent a                                       surveys are also conducted during high
                                                  Strait stock can be found hauled-out at                                     minimum estimate due to difficulty                                          tide so fewer seals may be present.
                                                  four of the gull monitoring study sites                                     observing marine mammals from a
                                                  (Table 3). Seal counts from gull                                            vessel. Counts from gull monitoring

                                                   TABLE 3—NUMBER OF HARBOR SEALS OBSERVED AND FLUSHED FROM HAUL OUT (LEVEL B HARASSMENT) UNDER IHAS
                                                                      AT GULL STUDY SITES FROM 2015 AND 2016 IN GLACIER BAY, ALASKA

                                                                                                                                                                                                                                        2015            2016
                                                                                                                                                                                    Latitude                 Longitude
                                                                                                       Site name                                                                                                                     Observed/       Observed/
                                                                                                                                                                                      (dd)                     (dd)                   flushed         flushed

                                                  Boulder .................................................................................................................             58.55535             ¥136.01814                 13/11          21/0
                                                  Flapjack ................................................................................................................             58.58698             ¥135.98251                  0/0          101/41
                                                  Geikie ...................................................................................................................            58.69402             ¥136.31291                 45/14          37/0
                                                  Lone .....................................................................................................................            58.72102             ¥136.29470                 98/32          58/36

                                                        Total ..............................................................................................................   ........................   ........................     156/57         217/77



                                                  Steller Sea Lions                                                           discussed further in this proposed                                          Potential Effects of the Specified
                                                                                                                              authorization.                                                              Activities on Marine Mammals and
                                                    It was determined that take will not                                                                                                                  Their Habitat
                                                  occur for Steller sea lions based on                                          The only marine mammals
                                                  survey data available. A total of five                                      anticipated to be affected by the                                              This section includes a summary and
                                                  Steller sea lions have been observed                                        specified activities and proposed as take                                   discussion of the ways that components
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                                                  during the 2015 and 2016 survey                                             for Level B harassment are harbor seals                                     of the specified activity may impact
                                                  seasons, but were observed outside the                                      hauled out at the study sites in Glacier                                    marine mammals and their habitat. The
                                                  study area. Although Steller sea lions                                      Bay and therefore they are the only                                         ‘‘Estimated Take’’ section later in this
                                                  may be present in the action area,                                          marine mammal discussed further in                                          document will include a quantitative
                                                  Glacier Bay NP has proposed to avoid                                        this proposed authorization.                                                analysis of the number of individuals
                                                  any sites used by Steller sea lions.                                                                                                                    that are expected to be taken by this
                                                  Therefore, Steller sea lions are not                                                                                                                    activity. The ‘‘Negligible Impact


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                                                  12936                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  Analysis and Determination’’ section                       Disturbances resulting from human                  disturbance levels. In conclusion, the
                                                  will consider the content of this section,              activity can impact short- and long-term              study showed that boat traffic at current
                                                  the ‘‘Estimated Take by Incidental                      pinniped haul out behavior (Renouf et                 levels has only a temporary effect on the
                                                  Harassment’’ section, and the ‘‘Proposed                al., 1981; Schneider and Payne, 1983;                 haul-out behavior of harbor seals in the
                                                  Mitigation’’ section, to draw                           Terhune and Almon, 1983; Allen et al.,                Métis Bay area.
                                                  conclusions regarding the likely impacts                1984; Stewart, 1984; Suryan and                          In 2004, Johnson and Acevedo-
                                                  of these activities on the reproductive                 Harvey, 1999; Mortenson et al., 2000;                 Gutierrez (2007) evaluated the efficacy
                                                  success or survivorship of individuals                  and Kucey and Trites, 2006).                          of buffer zones for watercraft around
                                                  and how those impacts on individuals                    Disturbance includes a variety of effects,            harbor seal haul-out sites on Yellow
                                                  are likely to impact marine mammal                      including subtle to conspicuous changes               Island, Washington state. The authors
                                                  species or stocks.                                      in behavior, movement, and                            estimated the minimum distance
                                                    In the following discussion, we                       displacement. Reactions to sound, if                  between the vessels and the haul-out
                                                  provide general background information                  any, depend on species, state of                      sites; categorized the vessel types; and
                                                  on sound and marine mammal hearing.                     maturity, experience, current activity,               evaluated seal responses to the
                                                  Acoustic and visual stimuli generated                   reproductive state, time of day, and                  disturbances. During the course of the
                                                  by: (1) Motorboat operations; and (2) the               many other factors (Richardson et al.,                seven-weekend study, the authors
                                                  appearance of researchers may have the                  1995; Wartzok et al., 2004; Southall et               recorded 14 human-related
                                                  potential to cause Level B harassment of                al., 2007; Weilgart, 2007). These                     disturbances, which were associated
                                                  any pinnipeds hauled out on Boulder,                    behavioral reactions from marine                      with stopped powerboats and kayaks.
                                                  Lone, and Flapjack Islands, and Geikie                  mammals are often shown as: Changing                  During these events, hauled out seals
                                                  Rock.                                                   durations of surfacing and dives, or                  became noticeably active and moved
                                                                                                          moving direction and/or speed;                        into the water. The flushing occurred
                                                  Human Disturbance                                       reduced/increased vocal activities;                   when stopped kayaks and powerboats
                                                     Harbor seals may potentially                         changing/cessation of certain behavioral              were at distances as far as 453 and 1,217
                                                  experience behavioral disruption rising                 activities (such as socializing or                    ft (138 and 371 m) respectively. The
                                                  to the level of harassment from                         feeding); visible startle response or                 authors note that the seals were
                                                  monitoring and research activities,                     aggressive behavior; avoidance of areas;              unaffected by passing powerboats, even
                                                                                                          and/or flight responses (e.g., pinnipeds              those approaching as close as 128 ft (39
                                                  which may include airborne noise
                                                                                                          flushing into the water from haul outs                m), possibly indicating that the animals
                                                  during the brief periods from research
                                                                                                          or rookeries). If a marine mammal does                had become tolerant of the brief
                                                  vessels and visual disturbance due to
                                                                                                          react briefly to human presence by                    presence of the vessels and ignored
                                                  the presence and activity of the
                                                                                                          changing its behavior or moving a small               them. The authors reported that on
                                                  researchers on land. Disturbed seals are
                                                                                                          distance, the impacts of the change are               average, the seals quickly recovered
                                                  likely to experience any or all of these
                                                                                                          unlikely to be significant to the                     from the disturbances and returned to
                                                  stimuli, and take may occur due to any
                                                                                                          individual, let alone the stock or                    the haul-out site in less than or equal to
                                                  of these in isolation or in combination
                                                                                                          population. However, if visual stimuli                60 minutes. Seal numbers did not return
                                                  with the others. Due to the likely
                                                                                                          from human presence displaces marine                  to pre-disturbance levels within 180
                                                  constant combination of visual and
                                                                                                          mammals from an important feeding or                  minutes of the disturbance less than one
                                                  acoustic stimuli resulting from the
                                                                                                          breeding area for a prolonged period,                 quarter of the time observed. The study
                                                  presence and vessels and researchers,
                                                                                                          impacts on individuals and populations                concluded that the return of seal
                                                  we assume that harbor seals present
                                                                                                          could be significant (e.g., Lusseau and               numbers to pre-disturbance levels and
                                                  may be disturbed and do not consider
                                                                                                          Bejder 2007; Weilgart, 2007).                         the relatively regular seasonal cycle in
                                                  acoustic effects separately from the
                                                                                                                                                                abundance throughout the area counter
                                                  effects of potential disturbance due to                    Numerous studies have shown that                   the idea that disturbances from
                                                  visual stimuli.                                         human activity can flush pinnipeds off                powerboats may result in site
                                                     Visual stimuli due to the presence of                haul-out sites and beaches (Kenyon,                   abandonment (Johnson and Acevedo-
                                                  research activities during the project                  1972; Allen et al., 1984; Calambokidis et             Gutierrez, 2007).
                                                  have the potential to result in take of                 al., 1991; Suryan and Harvey, 1999; and
                                                  harbor seals at nearby haul out sites                   Mortenson et al., 2000). In 1997, Henry               Vessel Strike
                                                  through behavioral disturbance. Harbor                  and Hammil (2001) conducted a study                      The probability of vessel and marine
                                                  seals can exhibit a behavioral response                 to measure the impacts of small boats                 mammal interactions (i.e., motorboat
                                                  to visual stimuli (e.g., including alert                (i.e., kayaks, canoes, motorboats and                 strike) occurring during the proposed
                                                  behavior, movement, vocalizing, or                      sailboats) on harbor seal haul-out                    research activities is unlikely due to the
                                                  flushing). NMFS does not consider the                   behavior in Métis Bay, Quebec, Canada.               motorboat’s slow operational speed,
                                                  lesser reactions (e.g., alert behavior) to              During that study, the authors noted                  which is typically 2 to 3 knots (2.3 to
                                                  constitute harassment. Upon the                         that the most frequent disturbances                   3.4 mph) and the researchers
                                                  occurrence of low-severity disturbance                  (n=73) were caused by lower speed,                    continually scanning the water for
                                                  (i.e., the approach of a vessel or person               lingering kayaks and canoes (33.3                     marine mammals presence during
                                                  as opposed to an explosion or sonic                     percent) as opposed to motorboats (27.8               transit to the islands. Thus, NMFS does
                                                  boom), pinnipeds typically exhibit a                    percent) conducting high speed passes.                not anticipate that strikes or collisions
                                                  continuum of responses, beginning with                  The seals flight reactions could be                   would result from the movement of the
                                                  alert movements (e.g., raising the head),               linked to a surprise factor by kayaks-
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                                                                                                                                                                motorboat.
                                                  which may then escalate to movement                     canoes, which approach slowly, quietly
                                                  away from the stimulus and possible                     and low on water making them look like                Harbor Seal Pupping
                                                  flushing into the water. Flushed                        predators. However, the authors note                    During the harbor seal breeding (May–
                                                  pinnipeds typically re-occupy the haul                  that once the animals were disturbed,                 June) and molting (August) periods, ∼66
                                                  out within minutes to hours of the                      there did not appear to be any                        percent of seals in Glacier Bay inhabit
                                                  stimulus (Allen et al. 1984 (Johnson and                significant lingering effect on the                   the primary glacial ice site and ∼22
                                                  Acevedo-Gutierrez, 2007).                               recovery of numbers to their pre-                     percent of seals are found in and


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                                                                                         Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                                                      12937

                                                  adjacent to a group of islands in the                                      Pups have been observed during aerial                                 would result in separation of mothers
                                                  southeast portion of Glacier Bay. At the                                   surveys during the pupping seasons                                    and pups as pups are rarely seen at the
                                                  proposed study sites in 2016, only one                                     (conducted during low tide), but in few                               study sites.
                                                  pup was observed and in 2015, no pups                                      numbers (see Table 4). NMFS does not
                                                  were observed during project activities.                                   anticipate that the proposed activities

                                                   TABLE 4—AVERAGE AND MAXIMUM COUNTS OF HAULED OUT HARBOR SEALS AT GLAUCOUS-WINGED GULL STUDY SITES
                                                          DURING HARBOR SEAL MONITORING AERIAL SURVEYS FROM 2007–2014 (WOMBLE UNPUBLISHED DATA)
                                                                                                                                                                                                   Average of     StdDev of pup   Max of pup
                                                                                                                      Site                                                                         pup count          count         count

                                                  Boulder Island ..............................................................................................................................            0.7              1.2             5
                                                  Flapjack Island .............................................................................................................................           16.5             10.8            43
                                                  Geikie Rock .................................................................................................................................            0.1              0.4             2
                                                  Lone Island ..................................................................................................................................           0.8              0.8             2

                                                        Grand Total ...........................................................................................................................             5.2             9.3            43



                                                  Marine Mammal Habitat                                                      may be temporarily displaced from their                               disruption of behavioral patterns,
                                                     The main impact associated with the                                     haul-out sites, but we do not expect that                             including, but not limited to, migration,
                                                  proposed activity will be temporarily                                      the pinnipeds would permanently                                       breathing, nursing, breeding, feeding, or
                                                  elevated noise levels and human                                            abandon a haul-out site during the                                    sheltering (Level B harassment).
                                                  disturbance and the associated direct                                      conduct of the proposed research as                                      As described previously in the Effects
                                                  effects on marine mammals (i.e., the                                       activities are short in duration (30 min                              section, Level B Harassment is expected
                                                  potential for temporary abandonment of                                     to up to two hours), and previous                                     to occur and is proposed to be
                                                  the site), previously discussed in this                                    surveys have demonstrated that seals                                  authorized in the numbers identified
                                                  notice. NMFS does not anticipate that                                      have returned to their haulout sites and                              below. Based on the nature of the
                                                  the proposed restoration activities                                        have not permanently abandoned the                                    activity and the anticipated
                                                  would result in any permanent effects                                      sites.                                                                effectiveness of the mitigation measures,
                                                  on the habitats used by the marine                                            NMFS does not anticipate that the                                  Level A Harassment is neither
                                                  mammals in the proposed area,                                              proposed activities would result in the                               anticipated nor proposed to be
                                                  including the food sources they use (i.e.,                                 injury, serious injury, or mortality of                               authorized. The death of a marine
                                                  fish and invertebrates). Based on the                                      pinnipeds. NMFS does not anticipate                                   mammal is also a type of incidental
                                                  preceding discussion, NMFS does not                                        that strikes or collisions would result                               take. However, as described previously,
                                                  anticipate that the proposed activity                                      from the movement of the motorboat.                                   no mortality is anticipated or proposed
                                                  would have any habitat-related effects                                     The proposed activities will not result                               to be authorized to result from this
                                                  that could cause significant or long-term                                  in any permanent impact on habitats                                   activity.
                                                  consequences for individual marine                                         used by marine mammals, including                                        All anticipated takes would be by
                                                  mammals or their populations. NMFS                                         prey species and foraging habitat. The                                Level B harassment, involving
                                                  does not expect that the proposed                                          potential effects to marine mammals                                   temporary changes in behavior. NMFS
                                                  activity would have any effects on                                         described in this section of the                                      expects that the presence of Glacier Bay
                                                  marine mammal habitat and NMFS                                             document do not take into consideration                               NP personnel could disturb animals
                                                  expects that there will be no long- or                                     the proposed monitoring and mitigation                                hauled out and that the animals may
                                                  short-term physical impacts to pinniped                                    measures described later in this                                      alter their behavior or attempt to move
                                                  habitat in Glacier Bay, AK. The                                            document (see the ‘‘Proposed                                          away from the researchers.
                                                  proposed activities will not result in any                                 Mitigation’’ and ‘‘Proposed Monitoring                                   Harbor seals may be disturbed when
                                                  permanent impact on habitats used by                                       and Reporting’’ sections).                                            vessels approach or researchers go
                                                  marine mammals, including prey                                             Estimated Take                                                        ashore for the purpose of monitoring
                                                  species and foraging habitat.                                                                                                                    gull colonies. Harbor seals tend to haul
                                                                                                                                This section includes an estimate of                               out in small numbers at study sites
                                                  Summary                                                                    the number of incidental ‘‘takes’’                                    (2015–2016): Boulder Island—average
                                                    Based on the available data, previous                                    proposed for authorization pursuant to                                4.85 seals, Flapjack Island—average
                                                  monitoring reports from Glacier Bay NP,                                    this IHA, which will inform both NMFS’                                11.22 seals, Geikie Rock—average 10.25
                                                  and studies described here, we                                             consideration of whether the number of                                seals, and Lone Island average of 17.22
                                                  anticipate that any pinnipeds found in                                     takes is ‘‘small’’ and the negligible                                 seals (see raw data from Tables 1 of the
                                                  the vicinity of the proposed project                                       impact determination.                                                 2016 and 2015 Monitoring Report).
                                                  could have short-term behavioral                                              Take in the form of harassment is                                  Based on previous pinniped
                                                  reactions (i.e., may result in marine                                      expected to result from these activities.                             observations during gull monitoring
                                                  mammals avoiding certain areas) due to                                     Except with respect to certain activities                             (2015 and 2016) conducted by Glacier
                                                  noise and visual disturbance generated                                     not pertinent here, the MMPA defines                                  Bay NP, NMFS estimates that the
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                                                  by: (1) Motorboat approaches and                                           ‘‘harassment’’ as: Any act of pursuit,                                research activities could potentially
                                                  departures and (2) human presence                                          torment, or annoyance which (i) has the                               affect by Level B behavioral harassment
                                                  during gull research activities. We                                        potential to injure a marine mammal or                                218 incidents of harassment to harbor
                                                  would expect the pinnipeds to return to                                    marine mammal stock in the wild (Level                                seals over the course of the
                                                  a haul-out site within minutes to hours                                    A harassment); or (ii) has the potential                              Authorization. This number was
                                                  of the stimulus based on previous                                          to disturb a marine mammal or marine                                  calculated by multiplying the average
                                                  research (Allen et al., 1985). Pinnipeds                                   mammal stock in the wild by causing                                   number of seals observed at each site


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                                                  12938                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                  (2015–2016) by five visits per site for a                            visits to each gull study site will be five,                            disturbed no more than five times per
                                                  total of 218 incidents of harassment                                 therefore it is expected that individual                                year.
                                                  (Table 5). The highest number of annual                              harbor seals at a given site will be

                                                                                       TABLE 5—LEVEL B TAKES BY HARASSMENT BY DURING NPS GULL SURVEYS
                                                                                                                                                                              Number of
                                                                                                                               Average number                                                                        Incidents of
                                                             Site proposed for survey                                                                                        proposed site
                                                                                                                              of seals observed *                                                              harassments/Level B take
                                                                                                                                                                                 visits

                                                  Boulder Island ..........................................    4.85 seals ................................................                         5    24.29.
                                                  Flapjack Island .........................................    11.22 seals ..............................................                          5    56.11.
                                                  Geikie Rock .............................................    10.25 seals ..............................................                          5    51.25.
                                                  Lone Island ..............................................   17.22 seals ..............................................                          5    86.1.
                                                                                                               Total 43.5 (44 seals) ...............................         ........................   Total: 218 incidents of harassment.
                                                     * Data from 2016 and 2015 NPS gull surveys.


                                                     There can be greater numbers of seals                             reports from nearby communities have                                       • Monitor for offshore predators at
                                                  on the survey islands then what is                                   documented subsistence harvest (e.g.,                                   study sites. Avoid approaching the
                                                  detected by the NPS during the gull                                  Wolfe et al., 2009). Due to the                                         study site if killer whales (Orcinus orca)
                                                  surveys. Aerial survey maximum counts                                prohibition of subsistence harvest at the                               are observed. If Glacier Bay NP and/or
                                                  show that harbor seals sometimes haul                                gull study sites and the temporary                                      its designees see predators in the area,
                                                  out in large numbers at all four locations                           behavior disturbance of marine mammal                                   they must not disturb the pinnipeds
                                                  (see Table 1 of the application).                                    disturbance caused by this project, we                                  until the area is free of predators; and
                                                  However, harbor seals hauled out at                                  anticipate no impacts to subsistence                                       • Maintain a quiet research
                                                  Flapjack Island are generally on the                                 harvest of marine mammals in the                                        atmosphere in the visual presence of
                                                  southern end whereas the gull colony is                              region.                                                                 pinnipeds.
                                                  on the northern end. Similarly, harbor
                                                  seals on Boulder Island tend to haul out                             Proposed Mitigation                                                     Pre-Survey Monitoring
                                                  on the southern end while the gull                                      In order to issue an incidental take
                                                  colony is located and can be accessed                                authorization under section 101(a)(5)(D)                                  Prior to deciding to land onshore to
                                                  on the northern end without                                          of the MMPA, we must set forth the                                      conduct the study, the researchers
                                                  disturbance. Aerial survey counts for                                permissible methods of taking pursuant                                  would use high-powered image
                                                  harbor seals are conducted during low                                to such activity, and other means of                                    stabilizing binoculars from the
                                                  tide while ground and vessel surveys                                 effecting the least practicable adverse                                 watercraft to document the number,
                                                  are conducted during high tide, which                                impact on such species or stock and its                                 species, and location of hauled out
                                                  along with greater visibility during                                 habitat, paying particular attention to                                 marine mammals at each island. The
                                                  aerial surveys, may also contribute to                               rookeries, mating grounds, and areas of                                 vessels would maintain a distance of
                                                  why there are greater numbers of seals                               similar significance, and the availability                              328 to 1,640 ft (100 to 500 m) from the
                                                  observed during the aerial surveys.                                  of such species or stock for taking for                                 shoreline to allow the researchers to
                                                                                                                       certain subsistence uses.                                               conduct pre-survey monitoring
                                                  Potential Effects of Specified Activities
                                                  on Subsistence Uses of Marine                                           Glacier Bay NP has based the                                         Site Avoidance
                                                  Mammals                                                              mitigation measures which they propose
                                                                                                                       to implement during the proposed                                          If there are Steller sea lions are
                                                     Subsistence harvest of harbor seals by                                                                                                    present, the researchers would not
                                                                                                                       research, on the following: (1) Protocols
                                                  Alaska Natives is exempted from the                                                                                                          approach the island and would not
                                                                                                                       used during previous gull research
                                                  MMPA’s take prohibition (16 U.S.C.                                                                                                           conduct gull monitoring research.
                                                                                                                       activities as required by our previous
                                                  1371(b)(1)); however, subsistence
                                                                                                                       authorizations for these activities; and                                Controlled Landings
                                                  harvest of harbor seals has not been
                                                                                                                       (2) recommended best practices in
                                                  permitted in Glacier Bay NP since 1974
                                                  (Catton, 1995). The extensive post-                                  Womble et al. (2013); Richardson et al.                                    The researchers would determine
                                                  breeding seasonal distribution of seals                              (1995); Pierson et al. (1998); and Weir                                 whether to approach the island based on
                                                  from Glacier Bay (Womble and Gende,                                  and Dolman (2007).                                                      type of animals present. Researchers
                                                  2013b) may expose seals to subsistence                                  To reduce the potential for                                          would approach the island by motorboat
                                                  harvest outside of the park. Subsistence                             disturbance from acoustic and visual                                    at a speed of approximately 2 to 3 kns
                                                  surveys and anthropological studies                                  stimuli associated with the activities                                  (2.3 to 3.4 mph). This would provide
                                                  demonstrate that harbor seals may be                                 Glacier Bay NP and/or its designees has                                 enough time for any marine mammals
                                                  harvested during all months; however,                                proposed to implement the following                                     present to slowly enter the water
                                                  there are typically two distinct seasonal                            mitigation measures for marine                                          without panic (flushing). The
                                                  peaks for harvest of seals, which occur                              mammals:                                                                researchers would also select a pathway
                                                  during spring and in autumn/early                                       • Perform pre-survey monitoring                                      of approach farthest from the hauled out
                                                  winter (de Laguna, 1972; Emmons,                                     before deciding to access a study site;                                 harbor seals to minimize disturbance.
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                                                  1991). These time periods co-occur with                                 • Avoid accessing a site where Steller                               Minimize Predator Interactions
                                                  the time period during which seals                                   sea lions are present;
                                                  travel beyond the boundaries of Glacier                                 • Perform controlled and slow ingress                                  If the researchers visually observe
                                                  Bay (Womble and Gende, 2013b). The                                   to the study site to prevent flushing                                   marine predators (i.e., killer whales)
                                                  level of subsistence harvest on seals                                harbor seals and select a pathway of                                    present in the vicinity of hauled out
                                                  from Glacier Bay/Icy Strait stock has not                            approach to minimize the number of                                      marine mammals, the researchers would
                                                  been quantified; however, subsistence                                marine mammals harassed;                                                not approach the study site.


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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                            12939

                                                  Noise Reduction Protocols                               driving, or other activities expected to              understanding of one or more of the
                                                    While onshore at study sites, the                     result in the take of marine mammals                  following:
                                                  researchers would remain vigilant for                   (this goal may contribute to a, above, or                • Occurrence of marine mammal
                                                  hauled out marine mammals. If marine                    to reducing the severity of harassment                species in action area (e.g., presence,
                                                  mammals are present, the researchers                    takes only).                                          abundance, distribution, density);
                                                  would move slowly and use quiet voices                     5. Avoidance or minimization of                       • Nature, scope, or context of likely
                                                  to minimize disturbance to the animals                  adverse effects to marine mammal                      marine mammal exposure to potential
                                                  present.                                                habitat, paying special attention to the              stressors/impacts (individual or
                                                                                                          food base, activities that block or limit             cumulative, acute or chronic), through
                                                  Mitigation Conclusions                                  passage to or from biologically                       better understanding of: (1) Action or
                                                     NMFS has carefully evaluated the                     important areas, permanent destruction                environment (e.g., source
                                                  applicant’s proposed mitigation                         of habitat, or temporary destruction/                 characterization, propagation, ambient
                                                  measures and considered a range of                      disturbance of habitat during a                       noise); (2) Affected species (e.g., life
                                                  other measures in the context of                        biologically important time.                          history, dive patterns); (3) Co-
                                                  ensuring that NMFS prescribes the                          6. For monitoring directly related to              occurrence of marine mammal species
                                                  means of affecting the least practicable                mitigation—an increase in the                         with the action; or (4) Biological or
                                                  impact on the affected marine mammal                    probability of detecting marine                       behavioral context of exposure (e.g., age,
                                                  species and stocks and their habitat. Our               mammals, thus allowing for more                       calving or feeding areas);
                                                  evaluation of potential measures                        effective implementation of the                          • Individual responses to acute
                                                  included consideration of the following                 mitigation.                                           stressors, or impacts of chronic
                                                  factors in relation to one another:                        Based on our evaluation of the                     exposures (behavioral or physiological);
                                                     • The manner in which, and the                       applicant’s proposed measures, as well                   • How anticipated responses to
                                                  degree to which, the successful                         as other measures considered by NMFS,                 stressors impact either: (1) Long-term
                                                  implementation of the measure is                        NMFS has preliminarily determined                     fitness and survival of an individual; or
                                                  expected to minimize adverse impacts                    that the proposed mitigation measures                 (2) Population, species, or stock;
                                                  to marine mammal species or stocks;                     provide the means of effecting the least                 • Effects on marine mammal habitat
                                                     • The proven or likely efficacy of the               practicable impact on marine mammal                   and resultant impacts to marine
                                                  specific measure to minimize adverse                    species or stocks and their habitat,                  mammals; and
                                                  impacts as planned; and                                 paying particular attention to rookeries,                • Mitigation and monitoring
                                                     • The practicability of the measure                  mating grounds, areas of similar                      effectiveness.
                                                  for applicant implementation.                           significance, and on the availability of
                                                     Any mitigation measure(s) prescribed                                                                          As part of its application, Glacier Bay
                                                                                                          such species or stock for subsistence                 NP proposes to conduct marine
                                                  by NMFS should be able to accomplish,                   uses.
                                                  have a reasonable likelihood of                                                                               mammal monitoring during the present
                                                  accomplishing (based on current                         Proposed Monitoring and Reporting                     project, in order to implement the
                                                  science), or contribute to the                                                                                mitigation measures that require real-
                                                                                                          Monitoring                                            time monitoring. The researchers will
                                                  accomplishment of one or more of the
                                                  general goals listed below:                               In order to issue an incidental take                monitor the area for pinnipeds during
                                                     1. Avoidance or minimization of                      authorization for an activity, section                all research activities. Monitoring
                                                  injury or death of marine mammals                       101(a)(5)(D) of the Marine Mammal                     activities will consist of conducting and
                                                  wherever possible (goals 2, 3, and 4 may                Protection Act states that we must set                recording observations on pinnipeds
                                                  contribute to this goal).                               forth ‘‘requirements pertaining to the                within the vicinity of the proposed
                                                     2. A reduction in the numbers of                     monitoring and reporting of such                      research areas. The monitoring notes
                                                  marine mammals (total number or                         taking.’’ The Act’s implementing                      would provide dates, location, species,
                                                  number at biologically important time                   regulations at 50 CFR 216.104 (a)(13)                 the researcher’s activity, behavioral
                                                  or location) exposed to received levels                 indicate that requests for an incidental              state, numbers of animals that were alert
                                                  of pile driving, or other activities                    take authorization must include the                   or moved greater than one meter, and
                                                  expected to result in the take of marine                suggested means of accomplishing the                  numbers of pinnipeds that flushed into
                                                  mammals (this goal may contribute to 1,                 necessary monitoring and reporting that               the water.
                                                  above, or to reducing harassment takes                  will result in increased knowledge of                    The method for recording
                                                  only).                                                  the species and our expectations of the               disturbances follows those in Mortenson
                                                     3. A reduction in the number of times                level of taking or impacts on                         (1996). Glacier Bay NP would record
                                                  (total number or number at biologically                 populations of marine mammals present                 disturbances on a three-point scale that
                                                  important time or location) individuals                 in the action area.                                   represents an increasing seal response to
                                                  would be exposed to received levels of                    Glacier Bay NP submitted a marine                   the disturbance (Table 6). Glacier Bay
                                                  pile driving, or other activities expected              mammal monitoring plan in section 13                  will record the time, source, and
                                                  to result in the take of marine mammals                 of their Authorization application.                   duration of the disturbance, as well as
                                                  (this goal may contribute to 1, above, or               NMFS may modify or supplement the                     an estimated distance between the
                                                  to reducing harassment takes only).                     plan based on comments or new                         source and haul-out. NMFS would
                                                     4. A reduction in the intensity of                   information received from the public                  consider only responses falling into
                                                  exposures (either total number or                       during the public comment period. Any                 Levels 2 and 3 as harassment under the
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                                                  number at biologically important time                   monitoring requirement NMFS                           MMPA, under the terms of this
                                                  or location) to received levels of pile                 prescribes should improve our                         proposed authorization.




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                                                  12940                                  Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                                                                                    TABLE 6—SEAL RESPONSE TO DISTURBANCE
                                                        Level                  Type of response                                                                     Definition

                                                  1 ....................    Alert ............................   Seal head orientation or brief movement in response to disturbance, which may include turning head
                                                                                                                    towards the disturbance, craning head and neck while holding the body rigid in a u-shaped position,
                                                                                                                    changing from a lying to a sitting position, or brief movement of less than twice the animal’s body
                                                                                                                    length. Alerts would be recorded, but not counted as a ‘take’.
                                                  2 ....................    Movement ..................          Movements in response to the source of disturbance, ranging from short withdrawals at least twice the
                                                                                                                    animal’s body length to longer retreats over the beach, or if already moving a change of direction of
                                                                                                                    greater than 90 degrees. These movements would be recorded and counted as a ‘take’.
                                                  3 ....................    Flush ..........................     All retreats (flushes) to the water. Flushing into the water would be recorded and counted as a ‘take’.



                                                     Glacier Bay NP has complied with the                               out seals. When NPS realized the                         documentation of methods, results, and
                                                  monitoring requirements under the                                     number of seals present, they ceased the                 interpretation pertaining to all
                                                  previous authorizations. NMFS posted                                  survey and left the area, flushing 13                    monitoring. The report will provide:
                                                  the 2016 report on our Web site at                                    seals into the water.                                      1. A summary and table of the dates,
                                                  http://www.nmfs.noaa.gov/pr/permits/                                     Glacier Bay NP can add to the                         times, and weather during all research
                                                  incidental/research.htm and the results                               knowledge of pinnipeds in the proposed                   activities.
                                                  from the previous Glacier Bay NP                                      action area by noting observations of: (1)                 2. Species, number, location, and
                                                  monitoring reports support our findings                               Unusual behaviors, numbers, or                           behavior of any marine mammals
                                                  that the proposed mitigation measures                                 distributions of pinnipeds, such that                    observed throughout all monitoring
                                                  required under the 2014—2016                                          any potential follow-up research can be                  activities.
                                                  Authorizations, provide the means of                                  conducted by the appropriate personnel;                    3. An estimate of the number (by
                                                  effecting the least practicable impact on                             (2) tag-bearing carcasses of pinnipeds,                  species) of marine mammals exposed to
                                                  the species or stock. During the last two                             allowing transmittal of the information                  acoustic or visual stimuli associated
                                                  years of this activity, approximately a                               to appropriate agencies and personnel;                   with the research activities.
                                                  third of all observed harbor seals have                               and (3) rare or unusual species of                         4. A description of the
                                                  flushed in response to these activities                               marine mammals for agency follow-up.                     implementation and effectiveness of the
                                                  (37 percent in 2015 and 36 percent in                                 Glacier Bay NP actively monitors harbor                  monitoring and mitigation measures of
                                                  2016). In 2016, of the 216 harbor seals                               seals at breeding and molting haul out                   the Authorization and full
                                                  that were observed: 77 flushed in to the                              locations to assess trends over time (e.g.,              documentation of methods, results, and
                                                  water, 3 became alert but did not move                                Mathews & Pendleton, 2006; Womble et                     interpretation pertaining to all
                                                  >1 m, and 17 moved >1 m but did not                                   al. 2010, Womble and Gende, 2013b).                      monitoring.
                                                  flush into the water. On five occasions,                              This monitoring program involves                           In the unanticipated event that the
                                                  harbor seals were flushed into the water                              collaborations with biologists from the                  specified activity clearly causes the take
                                                  when islands were accessed for gull                                   Alaska Department of Fish and Game,                      of a marine mammal in a manner
                                                  surveys. In these instances, the vessel                               and the Alaska Fisheries Science Center.                 prohibited by the authorization, such as
                                                  approached the island at very slow                                    Glacier Bay NP will continue these                       an injury (Level A harassment), serious
                                                  speed and most of the harbor seals                                    collaborations and encourage continued                   injury, or mortality (e.g., vessel-strike,
                                                  flushed into the water at approximately                               or renewed monitoring of marine                          stampede, etc.), Glacier Bay NP shall
                                                  50–100 m. In 4 instances, fewer than 25                               mammal species. Additionally, Glacier                    immediately cease the specified
                                                  harbor seals were present, but in 1                                   Bay NP would report vessel-based                         activities and immediately report the
                                                  instance, 41 harbor seals were observed                               counts of marine mammals, branded, or                    incident to the Office of Protected
                                                  flushing into the water when NPS first                                injured animals, and all observed                        Resources, NMFS and the Alaska
                                                  saw them as they rounded a point of                                   disturbances to the appropriate state                    Regional Stranding Coordinator. The
                                                  land in kayaks accessing Flapjack                                     and federal agencies.                                    report must include the following
                                                  Island. In 5 instances, harbor seals were                                                                                      information:
                                                  observed hauled out and not disturbed                                 Reporting                                                  • Time, date, and location (latitude/
                                                  due to their distance from the survey                                    Glacier Bay NP will submit a draft                    longitude) of the incident;
                                                  areas. In 2015, of the 156 harbor seals                               monitoring report to us no later than 90                   • Description and location of the
                                                  that were observed: 57 flushed in to the                              days after the expiration of the                         incident (including water depth, if
                                                  water, 25 became alert but did not move                               Incidental Harassment Authorization, if                  applicable);
                                                  >1 m, and zero moved >1 m but did not                                 issued. The report will include a                          • Environmental conditions (e.g.,
                                                  flush into the water. No pups were                                    summary of the information gathered                      wind speed and direction, Beaufort sea
                                                  observed. On two occasions, harbor                                    pursuant to the monitoring                               state, cloud cover, and visibility);
                                                  seals were observed at the study sites in                             requirements set forth in the                              • Description of all marine mammal
                                                  numbers <25 and the islands were                                      Authorization. Glacier Bay NP will                       observations in the 24 hours preceding
                                                  accessed for gull surveys. In these                                   submit a final report to NMFS within 30                  the incident;
                                                  instances, the vessel approached the                                  days after receiving comments on the                       • Species identification or
                                                  island at very slow speed and most of                                 draft report. If Glacier Bay NP receives                 description of the animal(s) involved;
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                                                  the harbor seals flushed into water at                                no comments from NMFS on the report,                       • Fate of the animal(s); and
                                                  approximately 200 m (Geikie 8/5/15)                                   NMFS will consider the draft report to                     • Photographs or video footage of the
                                                  and 280 m (Lone, 8/5/15). In one                                      be the final report.                                     animal(s) (if equipment is available).
                                                  instance, (Lone, 6/11/15) NPS counted                                    The report will describe the                            Glacier Bay NP shall not resume its
                                                  20 harbor seals hauled out during our                                 operations conducted and sightings of                    activities until NMFS is able to review
                                                  initial vessel-based monitoring, but once                             marine mammals near the proposed                         the circumstances of the prohibited
                                                  on the island, NPS observed 33 hauled                                 project. The report will provide full                    take. NMFS will work with Glacier Bay


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                                                                               Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                            12941

                                                  to determine what is necessary to                       (e.g., critical reproductive time or                  would not access the survey sites if
                                                  minimize the likelihood of further                      location, migration, etc.), as well as                Steller sea lions are present. Harbor
                                                  prohibited take and ensure MMPA                         effects on habitat, the status of the                 seals are a species that do not stampede,
                                                  compliance. Glacier Bay NP may not                      affected stocks, and the likely                       but flush, and injury or mortality is not
                                                  resume their activities until notified by               effectiveness of the mitigation.                      anticipated from flushing events.
                                                  us via letter, email, or telephone.                     Consistent with the 1989 preamble for                 Researchers would approach study sites
                                                    In the event that Glacier Bay NP                      NMFS’ implementing regulations (54 FR                 slowly to provide enough time for any
                                                  discovers an injured or dead marine                     40338; September 29, 1989), the impacts               marine mammals present to slowly
                                                  mammal, and the lead researcher                         from other past and ongoing                           enter the water without panic.
                                                  determines that the cause of the injury                 anthropogenic activities are                             We do not anticipate that any injuries,
                                                  or death is unknown and the death is                    incorporated into these analyses via                  serious injuries, or mortalities would
                                                  relatively recent (i.e., in less than a                 their impacts on the environmental                    occur as a result of Glacier Bay NP’s
                                                  moderate state of decomposition as we                   baseline (e.g., as reflected in the                   proposed activities and we do not
                                                  describe in the next paragraph), Glacier                regulatory status of the species,                     propose to authorize injury, serious
                                                  Bay NP will immediately report the                      population size and growth rate where                 injury, or mortality. Harbor seals may
                                                  incident to the Office of Protected                     known, ongoing sources of human-                      exhibit behavioral modifications,
                                                  Resources, NMFS and the Alaska                          caused mortality, or ambient noise                    including temporarily vacating the area
                                                  Regional Stranding Coordinator. The                     levels).                                              during the proposed gull research
                                                  report must include the same                               In making a negligible impact                      activities to avoid human disturbance.
                                                  information identified in the paragraph                 determination, we consider:                           Further, these proposed activities would
                                                  above this section. Activities may                         • The number of anticipated injuries,              not take place in areas of significance
                                                  continue while we review the                            serious injuries, or mortalities;                     for marine mammal feeding, resting,
                                                  circumstances of the incident. We will                     • The number, nature, and intensity,               breeding, or pupping and would not
                                                  work with Glacier Bay NP to determine                   and duration of Level B harassment;                   adversely impact marine mammal
                                                  whether modifications in the activities                    • The context in which the takes                   habitat. Due to the nature, degree, and
                                                  are appropriate.                                        occur (e.g., impacts to areas of                      context of the behavioral harassment
                                                    In the event that Glacier Bay NP                      significance, impacts to local                        anticipated, we do not expect the
                                                  discovers an injured or dead marine                     populations, and cumulative impacts                   activities to impact annual rates of
                                                  mammal, and the lead visual observer                    when taking into account successive/                  recruitment or survival.
                                                  determines that the injury or death is                  contemporaneous actions when added
                                                  not associated with or related to the                                                                            NMFS does not expect pinnipeds to
                                                                                                          to baseline data);
                                                                                                                                                                permanently abandon any area surveyed
                                                  authorized activities (e.g., previously                    • The status of stock or species of
                                                  wounded animal, carcass with moderate                                                                         by researchers, as is evidenced by
                                                                                                          marine mammals (i.e., depleted, not
                                                  to advanced decomposition, or                                                                                 continued presence of pinnipeds at the
                                                                                                          depleted, decreasing, increasing, stable,
                                                  scavenger damage), Glacier Bay NP will                                                                        sites during annual gull monitoring. In
                                                                                                          impact relative to the size of the
                                                  report the incident to the incident to the                                                                    summary, NMFS anticipates that
                                                                                                          population);
                                                  Office of Protected Resources, NMFS                        • Impacts on habitat affecting rates of            impacts to hauled-out harbor seals
                                                  and the Alaska Regional Stranding                       recruitment/survival; and                             during Glacier Bay NP’s research
                                                  Coordinator within 24 hours of the                         • The effectiveness of monitoring and              activities would be behavioral
                                                  discovery. Glacier Bay NP researchers                   mitigation measures to reduce the                     harassment of limited duration (i.e., up
                                                  will provide photographs or video                       number or severity of incidental take.                to two hours per visit) and limited
                                                  footage (if available) or other                            For reasons stated previously in this              intensity (i.e., temporary flushing at
                                                  documentation of the stranded animal                    document and based on the following                   most).
                                                  sighting to us. Glacier Bay NP can                      factors, NMFS does not expect Glacier                    Based on the analysis contained
                                                  continue their research activities.                     Bay NP’s specified activities to cause                herein of the likely effects of the
                                                                                                          long-term behavioral disturbance,                     specified activity on marine mammals
                                                  Negligible Impact Analysis and                                                                                and their habitat, and taking into
                                                                                                          abandonment of the haul-out area,
                                                  Preliminary Determinations                                                                                    consideration the implementation of the
                                                                                                          injury, serious injury, or mortality:
                                                     NMFS has defined negligible impact                      1. The takes from Level B harassment               proposed monitoring and mitigation
                                                  as ‘‘an impact resulting from the                       would be due to potential behavioral                  measures, NMFS preliminarily finds
                                                  specified activity that cannot be                       disturbance. The effects of the research              that the total marine mammal take from
                                                  reasonably expected to, and is not                      activities would be limited to short-term             the proposed activity will have a
                                                  reasonably likely to, adversely affect the              startle responses and localized                       negligible impact on all affected marine
                                                  species or stock through effects on                     behavioral changes due to the short and               mammal species or stocks.
                                                  annual rates of recruitment or survival’’               sporadic duration of the research                     Small Numbers
                                                  (50 CFR 216.103). A negligible impact                   activities.
                                                  finding is based on the lack of likely                     2. The availability of alternate areas               As noted above, only small numbers
                                                  adverse effects on annual rates of                      for pinnipeds to avoid disturbances                   of incidental take may be authorized
                                                  recruitment or survival (i.e., population-              from research operations. Anecdotal                   under section 101(a)(5)(D) of the MMPA
                                                  level effects). An estimate of the number               observations and results from previous                for specified activities other than
                                                  of takes, alone, is not enough                          monitoring reports also show that the                 military readiness activities. The MMPA
                                                  information on which to base an impact                  pinnipeds returned to the various sites               does not define small numbers and so,
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                                                  determination. In addition to                           and did not permanently abandon haul-                 in practice, NMFS compares the number
                                                  considering the authorized number of                    out sites after Glacier Bay NP conducted              of individuals taken to the most
                                                  marine mammals that might be ‘‘taken’’                  their research activities.                            appropriate estimation of the relevant
                                                  through harassment, NMFS considers                         3. There is little potential for                   species or stock size in our
                                                  other factors, such as the likely nature                stampeding events or large-scale                      determination of whether an
                                                  of any responses (e.g., intensity,                      flushing events leading to injury,                    authorization is limited to small
                                                  duration), the context of any responses                 serious injury, or mortality. Researchers             numbers of marine mammals.


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                                                  12942                                 Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices

                                                     As mentioned previously, NMFS                                       identified in CE B4 of the Companion                Authorization must be reported
                                                  estimates that Glacier Bay NP’s                                        Manual for NOAA Administrative Order                immediately to the Office of Protected
                                                  activities could potentially affect, by                                216–6A, which do not individually or                Resources, NMFS.
                                                  Level B harassment only, one species of                                cumulatively have the potential for                    4. General Conditions
                                                  marine mammal under our jurisdiction.                                  significant impacts on the quality of the              A copy of this Authorization must be
                                                  For harbor seals, this estimate is small                               human environment and we have not                   in the possession of Glacier Bay NP, its
                                                  (3 percent) relative of the Glacier Bay/                               identified any extraordinary                        designees, and field crew personnel
                                                  Icy Strait stock of harbor seals (7,210                                circumstances that would preclude this              (including research collaborators)
                                                  seals, see Table 2).                                                   categorical exclusion.                              operating under the authority of this
                                                     Based on the analysis contained
                                                                                                                         Proposed Authorization                              Authorization at all times.
                                                  herein of the proposed activity
                                                  (including the proposed mitigation and                                   As a result of these preliminary                     5. Mitigation Measures
                                                  monitoring measures) and the                                           determinations, NMFS proposes to issue                 The Holder of this Authorization is
                                                  anticipated take of marine mammals,                                    an IHA to the NPS Glacier Bay NP for                required to implement the following
                                                  NMFS preliminarily finds that small                                    conducting gull monitoring and                      mitigation measures:
                                                  numbers of marine mammals would be                                     research activities from May 1 through                 a. Conduct pre-survey monitoring
                                                  taken relative to the population size of                               September 30, 2017, provided the                    before deciding to access a study site.
                                                  the affected species or stocks.                                        previously mentioned mitigation,                    Prior to deciding to land onshore of
                                                                                                                         monitoring, and reporting requirements              Boulder, Lone, or Flapjack Islands or
                                                  Impact on Availability of Affected                                     are incorporated. The section contains a
                                                  Species or Stock for Taking for                                                                                            Geikie Rock, the Holder of this
                                                                                                                         draft of the IHA itself. The wording                Authorization shall use high-powered
                                                  Subsistence Uses                                                       contained in this section is proposed for           image stabilizing binoculars before
                                                    Section 101(a)(5)(D) of the MMPA                                     inclusion in the IHA (if issued).                   approaching at distances of greater than
                                                  also requires us to determine that the                                   Glacier Bay NP and/or its designees               500 m (1,640 ft) to determine and
                                                  taking will not have an unmitigable                                    (holders of the Authorization) are                  document the number, species, and
                                                  adverse effect on the availability of                                  hereby authorized under section                     location of hauled out marine mammals.
                                                  marine mammal species or stocks for                                    101(a)(5)(D) of the Marine Mammal                   The vessels shall maintain a distance of
                                                  subsistence use. There are no relevant                                 Protection Act (16 U.S.C. 1371(a)(5)(D))            328 to 1,640 ft (100 to 500 m) from the
                                                  subsistence uses of marine mammals                                     to harass small numbers of marine                   shoreline. If the Holder of the
                                                  implicated by this action. Glacier Bay                                 mammals incidental to conducting                    Authorization determines that any
                                                  NP prohibits subsistence harvest of                                    monitoring and research studies on                  Steller sea lions (Eumetopias jubatus)
                                                  harbor seals within the Park (Catton,                                  glaucous-winged gulls (Larus                        are present at the study site, the Holder
                                                  1995). Thus, NMFS has determined that                                  glaucescens) within Glacier Bay NP,                 shall not access the island and will not
                                                  the total taking of affected species or                                Alaska.                                             conduct the study at that time.
                                                  stocks would not have an unmitigable                                     1. This Authorization is valid from
                                                                                                                         May 1 through September 30, 2017.                      b. Minimize the potential for
                                                  adverse impact on the availability of
                                                  such species or stocks for taking for                                    2. This Authorization is valid only for           disturbance by: (1) Performing
                                                  subsistence purposes.                                                  research activities that occur at the               controlled and slow ingress to the study
                                                                                                                         following locations: Boulder                        site to prevent a flushing; and (2)
                                                  Endangered Species Act (ESA)                                           (58°33′18.08″ N.; 136°1′13.36″ W.); Lone            selecting a pathway of approach farthest
                                                     Issuance of an MMPA authorization                                   (58°43′17.67″ N.; 136°17′41.32″ W.), and            from the hauled out harbor seals to
                                                  requires compliance with the ESA. No                                   Flapjack (58°35′10.19″ N.; 135°58′50.78″            minimize disturbance.
                                                  incidental take of ESA-listed species is                               W.) Islands, and Geikie Rock                           c. Monitor for offshore predators at
                                                  proposed for authorization or expected                                 (58°41′39.75″ N.; 136°18′39.06″ W.) in              the study sites and shall avoid research
                                                  to result from this activity. Therefore,                               Glacier Bay, Alaska.                                activities when killer whales (Orcinus
                                                  NMFS has determined that formal                                          3. Species Authorized and Level of                orca) are present.
                                                  consultation under section 7 of the ESA                                Takes.                                                 d. Maintain a quiet working
                                                  is not required for this action.                                         a. The taking, by Level B harassment              atmosphere, avoid loud noises, and
                                                                                                                         only, is limited to 218 takes of the                shall use hushed voices in the presence
                                                  National Environmental Policy Act
                                                                                                                         Pacific harbor seal (Phoca vitulina).               of hauled out pinnipeds.
                                                     In compliance with NOAA policy, the                                   b. The taking by injury (Level A
                                                                                                                                                                                6. Monitoring
                                                  National Environmental Policy Act of                                   harassment), serious injury or death of
                                                  1969 (NEPA) (42 U.S.C. 4321 et seq.),                                  any of the species listed in Condition                 a. NPS and/or its designees shall
                                                  and the Council on Environmental                                       3(a) or the taking of any kind of any               record the following:
                                                  Quality Regulations (40 CFR parts 1500–                                other species of marine mammal is                      i. Species counts (with numbers of
                                                  1508), NMFS preliminarily determined                                   prohibited and may result in the                    adults/juveniles); and:
                                                  the issuance of the proposed IHA                                       modification, suspension or revocation                 ii. Numbers of disturbances, by
                                                  qualifies to be categorically excluded                                 of this Authorization.                              species and age, according to a three-
                                                  from further NEPA review. This action                                    c. The taking of any marine mammal                point scale of intensity (Table 7)
                                                  is consistent with categories of activities                            in a manner prohibited under this                   including:

                                                                                                                      TABLE 7—SEAL RESPONSE TO DISTURBANCE
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                                                          Level                    Type of response                                                                   Definition

                                                  1 .......................   Alert ...............................   Seal head orientation or brief movement in response to disturbance, which may include turning
                                                                                                                        head towards the disturbance, craning head and neck while holding the body rigid in a u-shaped
                                                                                                                        position, changing from a lying to a sitting position, or brief movement of less than twice the ani-
                                                                                                                        mal’s body length. Alerts would be recorded, but not counted as a ‘take’.




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                                                                                        Federal Register / Vol. 82, No. 44 / Wednesday, March 8, 2017 / Notices                                                     12943

                                                                                                         TABLE 7—SEAL RESPONSE TO DISTURBANCE—Continued
                                                          Level                    Type of response                                                                  Definition

                                                  2 .......................   Movement ......................        Movements in response to the source of disturbance, ranging from short withdrawals at least twice
                                                                                                                        the animal’s body length to longer retreats over the beach, or if already moving a change of di-
                                                                                                                        rection of greater than 90 degrees.
                                                  3 .......................   Flush ..............................   All retreats (flushes) to the water.



                                                    iii. Information on the weather,                                     • Fate of the animal(s); and                       activities in AK. Please include with
                                                  including the tidal state and horizontal                               • Photographs or video footage of the              your comments any supporting data or
                                                  visibility.                                                          animal(s) (if equipment is available).               literature citations to help inform our
                                                    b. The observer shall note                                           Glacier Bay NP shall not resume its                final decision on the NPS request for an
                                                  observations of marked or tag-bearing                                activities until NMFS is able to review              MMPA authorization.
                                                  pinnipeds or carcasses, as well as any                               the circumstances of the prohibited                    Dated: March 2, 2017.
                                                  rare or unusual species of marine                                    take. NMFS shall work with Glacier Bay
                                                                                                                                                                            Donna S. Wieting,
                                                  mammal.                                                              NP to determine what is necessary to
                                                                                                                                                                            Director, Office of Protected Resources,
                                                    c. The observer shall note the                                     minimize the likelihood of further
                                                                                                                                                                            National Marine Fisheries Service.
                                                  presence of any offshore predators (date,                            prohibited take and ensure MMPA
                                                                                                                                                                            [FR Doc. 2017–04467 Filed 3–7–17; 8:45 am]
                                                  time, number, and species).                                          compliance. Glacier Bay NP may not
                                                                                                                                                                            BILLING CODE 3510–22–P
                                                    7. Reporting                                                       resume their activities until notified by
                                                    The holder of this Authorization is                                us via letter, email, or telephone.
                                                  required to:                                                           In the event that Glacier Bay NP
                                                                                                                                                                            DEPARTMENT OF COMMERCE
                                                    a. Draft Report: Submit a draft                                    discovers an injured or dead marine
                                                  monitoring report to the Office of                                   mammal, and the marine mammal                        National Oceanic and Atmospheric
                                                  Protected Resources, NMFS within 90                                  observer determines that the cause of                Administration
                                                  days after the Authorization expires.                                the injury or death is unknown and the
                                                  NMFS shall review the Draft Report                                   death is relatively recent (i.e., in less            Sanctuary System Business Advisory
                                                  which is subject to review and comment                               than a moderate state of decomposition               Council: Public Meeting
                                                  by NMFS. Glacier Bay NP must address                                 as we describe in the next paragraph),
                                                                                                                       Glacier Bay NP shall immediately report              AGENCY: Office of National Marine
                                                  any recommendations made by NMFS
                                                                                                                       the incident to the Office of Protected              Sanctuaries, National Ocean Service,
                                                  in the Final Report prior to submission
                                                                                                                       Resources, NMFS, and the Alaska                      National Oceanic and Atmospheric
                                                  to NMFS.
                                                                                                                       Regional Stranding Coordinator. The                  Administration, Commerce.
                                                    b. Final Report: Glacier Bay shall
                                                  prepare and submit a Final Report to                                 report must include the same                         ACTION: Notice of open meeting.
                                                  NMFS within 30 days following                                        information identified in the paragraph              SUMMARY:   Notice is hereby given of a
                                                  resolution of any comments on the draft                              above this section. Activities may                   meeting of the Sanctuary System
                                                  report from NMFS.                                                    continue while NMFS reviews the                      Business Advisory Council (council).
                                                    8. Reporting Injured or Dead Marine                                circumstances of the incident. NMFS                  The meeting is open to the public, and
                                                  Mammals                                                              would work with Glacier Bay NP to                    participants may provide comments at
                                                    In the unanticipated event that the                                determine whether modifications in the               the appropriate time during the meeting.
                                                  specified activity clearly causes the take                           activities are appropriate.                          DATES: The meeting will be held
                                                  of a marine mammal in a manner                                         In the event that Glacier Bay NP                   Tuesday, March 14, 2017, from 9:00
                                                  prohibited by the authorization, such as                             discovers an injured or dead marine                  a.m. to 4:30 p.m. ET, and an opportunity
                                                  an injury (Level A harassment), serious                              mammal, and the lead visual observer                 for public comment will be provided
                                                  injury, or mortality (e.g., vessel-strike,                           determines that the injury or death is               around 3:45 p.m. ET. Both these times
                                                  stampede, etc.), The NPS’ Glacier Bay                                not associated with or related to the                and agenda topics are subject to change.
                                                  NP and/or its designees shall                                        authorized activities (e.g., previously
                                                                                                                                                                            ADDRESSES: The meeting will be held at
                                                  immediately cease the specified                                      wounded animal, carcass with moderate
                                                  activities and immediately report the                                to advanced decomposition, or                        the Hall of the States located at 444
                                                  incident to the Office of Protected                                  scavenger damage), Glacier Bay NP shall              North Capitol Street NW., Washington,
                                                  Resources, NMFS, and the Alaska                                      report the incident to the Office of                 DC 20001.
                                                  Regional Stranding Coordinator. The                                  Protected Resources, NMFS, and the                   FOR FURTHER INFORMATION CONTACT: Kate
                                                  report must include the following                                    Alaska Regional Stranding Coordinator                Spidalieri, Office of National Marine
                                                  information:                                                         within 24 hours of the discovery.                    Sanctuaries, 1305 East West Highway,
                                                    • Time, date, and location (latitude/                              Glacier Bay NP personnel shall provide               Silver Spring, Maryland 20910 (Phone:
                                                  longitude) of the incident;                                          photographs or video footage or other                240–533–0679; Fax: 301–713–0404;
                                                    • Description and location of the                                  documentation of the stranded animal                 Email: Kate.Spidalieri@noaa.gov).
                                                  incident (including water depth, if                                  sighting to us. Glacier Bay NP can                   SUPPLEMENTARY INFORMATION: ONMS
                                                  applicable);                                                         continue their survey activities while               serves as the trustee for a network of
                                                    • Environmental conditions (e.g.,                                                                                       underwater parks encompassing more
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                                                                                                                       NMFS reviews the circumstances of the
                                                  wind speed and direction, Beaufort sea                               incident.                                            than 600,000 square miles of marine and
                                                  state, cloud cover, and visibility);                                                                                      Great Lakes waters from Washington
                                                    • Description of all marine mammal                                 Request for Public Comments                          state to the Florida Keys, and from Lake
                                                  observations in the 24 hours preceding                                 NMFS requests comments on our                      Huron to American Samoa. The network
                                                  the incident;                                                        analysis, the draft authorization, and               includes a system of 13 national marine
                                                    • Species identification or                                        any other aspect of the Notice of                    sanctuaries and Papahānaumokuākea
                                                  description of the animal(s) involved;                               Proposed IHA for Glacier Bay’s project               and Rose Atoll marine national


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Document Created: 2017-03-08 05:06:56
Document Modified: 2017-03-08 05:06:56
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; proposed incidental harassment authorization; request for comments.
DatesComments and information must be received no later than April 7, 2017.
ContactStephanie Egger, Office of Protected Resources, NMFS, (301) 427-8401. Electronic copies of the applications and supporting documents, as well as a list of the references cited in this document, may be obtained online at: http://www.nmfs.noaa.gov/pr/ permits/incidental/research.htm. In case of problems accessing these documents, please call the contact listed above.
FR Citation82 FR 12931 
RIN Number0648-XF11

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