82 FR 22313 - Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Russian River Estuary Management Activities

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 82, Issue 92 (May 15, 2017)

In accordance with the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, notification is hereby given that a Letter of Authorization (LOA) has been issued to the Sonoma County Water Agency (SCWA) for the take of marine mammals incidental to Russian River estuary management activities in Sonoma County, California.

[Federal Register Volume 82, Number 92 (Monday, May 15, 2017)]
[Notices]
[Pages 22313-22314]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09773]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF343


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Russian River Estuary Management Activities

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

ACTION: Notice of issuance of Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to the Sonoma 
County Water Agency (SCWA) for the take of marine mammals incidental to 
Russian River estuary management activities in Sonoma County, 
California.

DATES: Effective from April 21, 2017, through April 20, 2022.

ADDRESSES: The LOA and supporting documentation are available online 
at: www.nmfs.noaa.gov/pr/permits/incidental/construction.htm. In case 
of problems accessing these documents, please call the contact listed 
above (see FOR FURTHER INFORMATION CONTACT).

[[Page 22314]]


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

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce to allow, upon request, the 
incidental, but not intentional, taking of small numbers of marine 
mammals by U.S. citizens who engage in a specified activity (other than 
commercial fishing) within a specified geographical region if certain 
findings are made and either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted if NMFS 
finds that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``an impact resulting from the specified activity that cannot be 
reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On September 2, 2016, we received an adequate and complete request 
from SCWA for authorization to take marine mammals incidental to 
estuary management activities. On December 30, 2016 (81 FR 96415), we 
published a notice of proposed rulemaking in the Federal Register, 
requesting comments and information related to the SCWA request for 30 
days. The final rule was published in the Federal Register on March 15, 
2017 (82 FR 13765). For detailed information on this action, please 
refer to those documents. The regulations include mitigation, 
monitoring, and reporting requirements for the incidental take of 
marine mammals during estuary management activities in Sonoma County, 
California.
    The specified activity involves management of the estuary to 
prevent flooding while preventing adverse modification to critical 
habitat for Endangered Species Act-listed salmonids. During the lagoon 
management period (May 15-October 15), this involves construction and 
maintenance of a lagoon outlet channel that would facilitate formation 
of a perched lagoon. A perched lagoon, which is an estuary closed to 
tidal influence in which water surface elevation is above mean high 
tide, would reduce flooding while maintaining beneficial conditions for 
juvenile salmonids. Additional breaches of the barrier beach may be 
conducted for the sole purpose of reducing flood risk.
    There are three components to SCWA's ongoing estuary management 
activities: (1) Lagoon outlet channel management, during the lagoon 
management period only, required to accomplish the dual purposes of 
flood risk abatement and maintenance of juvenile salmonid habitat; (2) 
traditional artificial breaching, with the sole objective of flood risk 
abatement; and (3) physical and biological monitoring in and near the 
estuary, required to understand response to water surface elevation 
management in the estuary-lagoon system. SCWA is authorized to take 
individuals of three species by Level B harassment only. No takes by 
Level A harassment, serious injury, or mortality are anticipated.

Authorization

    We have issued a LOA to SCWA authorizing the take of marine mammals 
incidental to estuary management activities, as described above. Take 
of marine mammals will be minimized through implementation of 
mitigation measures designed to eliminate startling reactions that may 
result in stampedes or extended mother-pup separation, to further 
reduce the possibility of impacts to pups by eliminating or altering 
management activities on the beach when pups are present, and by 
setting limits on the frequency and duration of events during pupping 
season (March 15-June 30). Additionally, the rule includes an adaptive 
management component that allows for timely modification of mitigation 
or monitoring measures based on new information, when appropriate. The 
SCWA will submit reports as required.
    Based on these findings and the information discussed in the 
preamble to the final rule, the activities described under this LOA 
will have a negligible impact on marine mammal stocks and will not have 
an unmitigable adverse impact on the availability of the affected 
marine mammal stock for subsistence uses.

    Dated: May 10, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-09773 Filed 5-12-17; 8:45 am]
 BILLING CODE 3510-22-P