83_FR_6874 83 FR 6842 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Gull and Climate Research in Glacier Bay National Park, Alaska

83 FR 6842 - Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Gull and Climate Research in Glacier Bay National Park, Alaska

DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration

Federal Register Volume 83, Issue 32 (February 15, 2018)

Page Range6842-6848
FR Document2018-03099

In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA), as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the National Park Service to take, by harassment, one species of marine mammal incidental to glaucous winged gull and climate monitoring research activities in Glacier Bay National Park (GLBA NP), Alaska.

Federal Register, Volume 83 Issue 32 (Thursday, February 15, 2018)
[Federal Register Volume 83, Number 32 (Thursday, February 15, 2018)]
[Notices]
[Pages 6842-6848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03099]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XF776


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

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

ACTION: Notice; issuance of incidental harassment authorization.

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

SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the National Park Service to take, by harassment, one species of marine 
mammal incidental to glaucous winged gull and climate monitoring 
research activities in Glacier Bay National Park (GLBA NP), Alaska.

DATES: This IHA is applicable from March 1, 2018 through February 28, 
2019.

FOR FURTHER INFORMATION CONTACT: Jonathan Molineaux, Office of 
Protected Resources, NMFS, and (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Availability

    An electronic copy of the IHA and supporting documents, as well as 
a list of the references cited in this document, may be obtained online 
at: www.nmfs.noaa.gov/pr/permits/incidental/research.htm. In case of 
problems accessing these documents, please call the contact listed 
above (see FOR FURTHER INFORMATION CONTACT).

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct the Secretary of Commerce (as delegated to NMFS) 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 IHA is 
provided to the public for review.
    An IHA 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.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    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).

[[Page 6843]]

Summary of Request

    On August 31 2017, NMFS received a request from the NPS for an IHA 
to take marine mammals incidental to glaucous-winged gull and climate 
monitoring research activities in GLBA NP, Alaska. The application was 
considered adequate and complete on November 1, 2017. NPS's request is 
for take of harbor seals by Level B harassment. NMFS previously issued 
four IHAs to the NPS for similar work (82 FR 24681, May 20, 2017; 81 FR 
34994, June 1, 2016; 80 FR 28229, March 24, 2015; 79 FR 56065, 
September 18, 2014). Neither NPS nor NMFS expect mortality to result 
from the research and, therefore, an IHA is appropriate.

Description of the Specified Activity

    A detailed description of the planned GLBA NP project is provided 
in the Federal Register notice for the proposed IHA (82 FR 56953; 
December 1, 2017). Since that time, no changes have been made to the 
planned activities. Therefore, we provide only a summary here. Please 
refer to that Federal Register notice for the full description of the 
specific activity.
    NPS plans to conduct two research projects within GLBA NP, 
southeast Alaska: (1) Glaucous-winged gull monitoring and (2) the 
installation and maintenance of a weather station operation for long-
term climate monitoring. NPS will conduct ground and vessel surveys at 
four study sites within GLBA NP for gull monitoring: Boulder Island, 
Lone Island, Geikie Rock, and Flapjack Island. These sites will be 
accessed up to five times per year. In addition, NPS will access Lone 
Island an additional four times per year for weather station 
installation, maintenance, and operation bringing the total number of 
site visits to Lone Island to nine. This includes adding one additional 
trip for any emergency repairs that may be needed. Researchers 
accessing the islands for gull monitoring and weather station operation 
may occasionally cause behavioral disturbance (or Level B harassment) 
of harbor seals. NPS expects that the disturbance to harbor seals from 
both projects will be minimal and only limited to Level B harassment.
    The purposes for the above-mentioned research activities are as 
follows. Gull monitoring studies are mandated by a Record of Decision 
of a Legislative Environmental Impact Statement (LEIS) (NPS 2010) which 
states that NPS must initiate a monitoring program for glaucous-winged 
gulls (Larus glaucescens) to inform future native egg harvest by the 
Hoonah Tlingit in Glacier Bay, Alaska. Installation of a new weather 
station on Lone Island is being planned as one of several installations 
intended to fill coverage gaps among existing weather stations in GLBA 
NP (NPS 2015a). These new stations will be operated as the foundation 
of a new long-term climate-monitoring program for GLBA NP.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to the NPS was 
published in the Federal Register on December 1, 2017 (82 FR 56953). 
That notice described, in detail, GLBA NP's activity, the marine mammal 
species that may be affected by the activity, and the anticipated 
effects on marine mammals. During the 30-day public comment period, 
NMFS received one comment letter from the Marine Mammal Commission 
(Commission).
    Comment 1: The Commission recommended that NMFS enumerate the 
number of harbor seals that could be taken during the planned 
activities by applying standard rounding rules before summing the 
numbers of estimated takes across survey sites and survey days.
    Response: Calculating predicted take is not an exact science and 
there are arguments for taking different mathematical approaches in 
different situations, and for making qualitative adjustments in other 
situations. NMFS is currently engaged in developing a protocol to guide 
more consistent take calculation given certain circumstances. We 
believe, however, that the methodology for this action remains 
appropriate.

Description of Marine Mammals in the Area of Specified Activities

    A detailed description of the species likely to be affected by the 
NPS project, including brief introductions to the species and relevant 
stocks as well as available information regarding population trends and 
threats, and information regarding local occurrence, are provided in 
NPS's application and the Federal Register notice for the proposed IHA 
(82 FR 56953; December 1, 2017). We are not aware of any changes in the 
status of these species and stocks; therefore, detailed descriptions 
are not provided here. Please refer to that Federal Register notice for 
these descriptions. Please refer to additional species information 
available in the NMFS SARs for Alaska at http://www.nmfs.noaa.gov/pr/sars/region.htm.

                                              Table 1--Marine Mammals That Could Occur in the Project Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                       Stock abundance
                                                                                 ESA/MMPA  status;     (CV, Nmin, most                     Annual M/SI 3
           Common name                Scientific name            Stock          Strategic  (Y/N) 1     recent abundance         PBR
                                                                                                          survey) 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Family Otariidae (eared seals and sea lions)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Steller's sea lion...............  Eumetopias jubatus..  Eastern U.S.........  -/-; N..............  41,638 (n/a,                    306             236
                                                                                                      41,638, 2015).
                                                         Western U.S.........  E/D; Y..............  50,983.............           2,498             108
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                             Family Phocidae (earless seals)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor seal......................  Phoca vitulina        Glacier Bay/Icy       -/-; N..............  7,210 (n.a.; 5,647;             169             104
                                    richardii.            Strait.                                     2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 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 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of
  stock abundance.

[[Page 6844]]

 
3 These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated
  with estimated mortality due to commercial fisheries is presented in some cases.
Note: Italicized species not authorized for take.

    Both species in Table 1 are protected under the MMPA and the 
Steller sea lion is listed as endangered (Western Distinct Population 
Segment) under the Endangered Species Act (ESA). It was determined that 
take will not occur for Steller sea lions based on available survey 
data and for the fact that NPS will maintain a distance of 100 meters 
from all Steller sea lions in the action area. Therefore, Steller sea 
lions are not discussed further in this IHA.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The Federal Register notice for the proposed IHA (82 FR 56953; 
December 1, 2017) included a discussion of the effects of disturbance 
on marine mammals and their habitat, therefore that information is not 
repeated here; please refer to the Federal Register notice (82 FR 
56953; December 1, 2017) for that information. We provide only a 
summary here.
    The project will not result in permanent impacts to habitats used 
directly by marine mammals, such as haul out sites, nor impacts to food 
sources. Based on the available data, previous monitoring reports from 
GLBA NP, and studies described in the proposed IHA, we anticipate that 
any pinnipeds found in the vicinity of the 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 expect pinnipeds to return to a haul out site 
within minutes to hours of the stimulus based on previous research 
(Johnson and Acevedo-Gutierrez, 2007; Allen et al., 1985). Pinnipeds 
may be temporarily displaced from their haul out sites, but we do not 
expect that the pinnipeds will permanently abandon a haul out site 
during site monitoring as activities are short in duration (30 minutes 
to up to 2 hours), and previous surveys have demonstrated that seals 
have returned to their haul out sites and have not permanently 
abandoned the sites.

Estimated Take

    This section provides the amount of take authorized in the IHA, 
which informs both NMFS's consideration of whether the number of takes 
is ``small'' and the negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. 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).
    Authorized takes will be by Level B harassment only, in the form of 
disruption of behavioral patterns for individual marine mammals 
resulting from exposure to motorboats and the presence of NPS 
personnel. Based on the nature of the activity, Level A harassment is 
neither anticipated nor authorized. As described previously, no 
mortality is anticipated or authorized for this activity. Below we 
describe how the take is estimated.
    Harbor seals may be disturbed when vessels approach or researchers 
go ashore for the purpose of monitoring gull colonies and for the 
installation and maintenance of the Lone Island weather tower. Harbor 
seals tend to haul out in small numbers at study sites. Using 
monitoring report data from 2015 to 2017 (see raw data from Tables 1 of 
the 2017, 2016 and 2015 Monitoring Reports), the average number of 
harbor seals per survey visit was calculated to estimate the 
approximate number of seals observers will find on any given survey 
day. As a result, the following averages were determined for each 
island: Boulder Island--average 3.45 seals, Flapjack Island--average 
10.10 seals, Geikie Rock--average 9.58 seals, and Lone Island average 
of 18.63 seals (See Table 5). Estimated take for gull and climate 
monitoring was calculated by multiplying the average number of seals 
observed during past gull monitoring surveys (2015-2017) by the number 
of total site visits. This includes five visits to Boulder Island, 
Flapjack Island, and Geikie Rock and nine visits to Lone Island (to 
include four site visits for climate monitoring activities). Therefore, 
the total incidents of harassment equals 283 (See Table 5).
    During climate monitoring, which is expected to take place between 
March 2018 to April 2018, and October 2018 to February 2019, seal 
numbers are expected to dramatically decline within the action area. 
Although harbor seal survey data within GLBA NP is lacking during the 
months of October through February, results from satellite telemetry 
studies suggest that harbor seals travel extensively beyond the 
boundaries of GLBA NP during the post-breeding season (September-April) 
(Womble and Gende, 2013b). Therefore, using observation data from past 
gull monitoring activities (that occurred from May to September) is 
applicable when estimating take for climate monitoring activities, as 
it will provide the most conservative estimates.

             Table 2--Level B Takes by Harassment During NPS Gull and Climate Monitoring Activities
----------------------------------------------------------------------------------------------------------------
                                   Average number of
         Site for survey          seals observed per    Number of site     Level B take \1\      Percentage of
                                        visit *             visits                                population
----------------------------------------------------------------------------------------------------------------
Boulder Island..................                3.45                   5               17.27                0.24
Flapjack Island.................               10.10                   5               50.50                0.70
Geikie Rock.....................                9.58                   5               47.92                0.66
Lone Island.....................               18.63                ** 9              167.73                2.33
                                                     -----------------------------------------------------------
    Total.......................                      ..................                 283                3.93
----------------------------------------------------------------------------------------------------------------
\1\ See Table 3 for NMFS' three-point scale that categorizes pinniped disturbance reactions by severity. NMFS
  only considers responses falling into Levels 2 and 3 as harassment (Level B) under the MMPA.

[[Page 6845]]

 
* Data from 2015-2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017).
** Number includes four additional days for climate monitoring activities.

Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, ``and other means of effecting the least practicable impact 
on such species or stock and its habitat, paying particular attention 
to rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking'' for certain 
subsistence uses. NMFS regulations require applicants for IHAs to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat, as 
well as subsistence uses. This considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range). It further 
considers the likelihood that the measure will be effective if 
implemented (probability of accomplishing the mitigating result if 
implemented as planned) the likelihood of effective implementation 
(probability implemented as planned) and;
    (2) the practicability of the measures for applicant 
implementation, which may consider such things as cost and impact on 
operations.

Mitigation for Marine Mammals and Their Habitat

    To reduce the potential for disturbance from acoustic and visual 
stimuli associated with gull and climate monitoring activities within 
GBLA NP, several mitigation measures for marine mammals were selected 
for the NPS to conduct. The following is a summation of those 
mitigation measures presented in the final IHA:

Pre-Survey Monitoring

    Prior to deciding to land onshore to conduct gull and climate 
monitoring, NPS researchers will use high-powered image stabilizing 
binoculars from their watercraft to document the number, species, and 
location of hauled-out marine mammals at each island. The vessels will 
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. If 
offshore predators, harbor seal pups of less than one week of age, or 
Steller sea lions are observed, researchers will follow the protocols 
for site avoidance discussed below. If neither of these instances 
occur, researchers will then perform a controlled landing on the survey 
site.

Site Avoidance

    If a harbor seal pup less than one week old is observed near or 
within the action area, researchers will not go ashore to conduct the 
gull or climate monitoring activities. Also, if Steller sea lions are 
observed within or near the study site, researchers will maintain a 
distance of at least 100 m from the animals at all times.

Controlled Landings

    The researchers will determine whether to approach the island based 
on type of animals present. Researchers will approach the island by 
motorboat at a speed of approximately 2 to 3 knots (2.3 to 3.4 mph). 
This will provide enough time for any marine mammals present to slowly 
enter the water without panic (flushing). The researchers will 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 will not approach the study site.

Disturbance Reduction Protocols

    While onshore at study sites, the researchers will remain vigilant 
for hauled-out marine mammals. If marine mammals are present, the 
researchers will move slowly and use quiet voices to minimize 
disturbance to the animals present.
    Based on our evaluation of the applicant's measures, as well as 
other measures considered by NMFS, NMFS has determined that the 
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.

Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, requirements pertaining to 
the monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
proposed action area. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    GLBANP submitted a marine mammal monitoring plan in section 13 of 
their application. Monitoring requirement NMFS prescribes shall improve 
our understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (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 marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.

[[Page 6846]]

    NPS will conduct marine mammal monitoring during the project, in 
order to implement the mitigation measures that require real-time 
monitoring and to gain a better understanding of marine mammals and 
their impacts to the project's activities. The researchers will monitor 
the area for pinnipeds during all research activities. Monitoring 
activities will consist of conducting and recording observations of 
pinnipeds within the vicinity of the proposed research areas. The 
monitoring notes will 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 is based on those developed 
by Mortenson (1996). NPS will record disturbances on a three-point 
scale that represents an increasing seal response to the disturbance 
(Table 3). NPS will record the time, source, and duration of the 
disturbance, as well as an estimated distance between the source and 
haul out. NMFS considers only responses falling into Levels 2 and 3 as 
harassment under the MMPA.

                  Table 3--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 will
                                                     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 will be
                                                     recorded and
                                                     counted as a
                                                     `take'.
3.......................  Flush...................  All retreats
                                                     (flushes) to the
                                                     water. Flushing
                                                     into the water will
                                                     be recorded and
                                                     counted as a
                                                     `take'.
------------------------------------------------------------------------

Previous Monitoring Results

    As described in the notice of proposed IHA, NPS has complied with 
the monitoring requirements under the previous authorizations. NMFS 
posted the 2017 report on our website at www.nmfs.noaa.gov/pr/permits/incidental/research.htm and the results from the previous NPS 
monitoring reports. These reports support our findings that the 
mitigation measures required under the 2014-2017 IHAs provide the means 
of effecting the least practicable impact on the species or stock.

Coordination

    NPS will 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. NPS 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 NMFS' Alaska Fisheries 
Science Center. NPS will continue these collaborations and encourage 
continued or renewed monitoring of marine mammal species. NPS will 
coordinate with state and Federal marine mammal biologists to determine 
what additional data or observations may be useful for monitoring 
marine mammals and haul outs in GLBA NP. Additionally, NPS will report 
vessel-based counts of marine mammals, branded, or injured animals, and 
all observed disturbances to the appropriate state and Federal 
agencies.

Reporting

    NPS is required to submit a draft monitoring report to NMFS no 
later than 90 days after the expiration of the Incidental Harassment 
Authorization or sixty days prior to the issuance of any subsequent IHA 
for this project, whichever comes first. The report will include a 
summary of the information gathered pursuant to the monitoring 
requirements set forth in the Authorization. NPS will submit a final 
report to NMFS within 30 days after receiving comments on the draft 
report. If NPS 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; 
and
    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.), NPS 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 tide 
level 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).
    NPS shall not resume its activities until NMFS is able to review 
the circumstances of the prohibited take. NMFS will work with NPS to 
determine what is necessary to minimize the likelihood of further 
prohibited take and

[[Page 6847]]

ensure MMPA compliance. NPS may not resume their activities until 
notified by us via letter, email, or telephone.
    In the event that NPS 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), NPS 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 NPS to 
determine whether modifications in the activities are appropriate.
    In the event that NPS 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), NPS 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. NPS 
researchers will provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting to us. NPS can 
continue their research activities.

Negligible Impact Analysis and Determination

    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 estimates of the 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), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis 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).
    Due to the project's minimal levels of visual and acoustic 
disturbance, NMFS does not expect NPS's specified activities to cause 
long-term behavioral disturbance, abandonment of the haul out area, 
injury, serious injury, or mortality. Additional factors for our 
negligible impact determination are listed below:
     The takes from Level B harassment will be due to potential 
behavioral disturbance. The effects of the research activities will be 
limited to short-term startle responses and localized behavioral 
changes due to the short and sporadic duration of the research 
activities;
     The proposed activities will not take place in areas of 
significance for marine mammal feeding, resting, breeding, or pupping 
and will not adversely impact marine mammal habitat;
     The proposed activities will affect a small portion of 
harbor seal habitat within GLBA NP for only a short amount of time. 
This, combined with a large availability of alternate areas for 
pinnipeds to haul out enables the seals to effectively avoid 
disturbances from research operations;
     Anecdotal observations and results from previous 
monitoring reports show that the pinnipeds returned to the various 
sites and did not permanently abandon haul out sites after NPS 
conducted their research activities; and
     Harbor seals may flush in the water despite researchers' 
best efforts to keep calm and quiet around seals; however, injury or 
mortality has never been documented nor is anticipated from flushing 
events. Researchers will approach study sites slowly to provide enough 
time for any marine mammals present to slowly enter the water without 
panic.
    As stated, NMFS does not anticipate any injuries, serious injuries, 
or mortalities to result from NPS'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 and climate research activities to 
avoid human disturbance. Further, these proposed activities will not 
take place in areas of significance for marine mammal feeding, resting, 
breeding, or pupping and will 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 NPS' 
research activities will 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 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, where estimated numbers are 
available, NMFS compares the number of individuals taken to the most 
appropriate estimation of abundance of the relevant species or stock in 
our determination of whether an authorization is limited to small 
numbers of marine mammals. Additionally, other qualitative factors may 
be considered in the analysis, such as the temporal or spatial scale of 
the activities.
    As mentioned previously, NMFS estimates that NPS' activities could 
potentially affect, by Level B harassment only, one species of marine 
mammal under our jurisdiction. For harbor seals, this estimate is small 
(3.93 percent, see Table 4) relative to the Glacier Bay/Icy Strait 
stock of harbor seals (7,210 seals, see Table 1). In addition to this, 
there is a high probability that repetitive takes of the same animals 
may occur which reduces the percentage of population even further.

[[Page 6848]]

    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 finds that small numbers of 
marine mammals will be taken relative to the population size of the 
affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no subsistence uses of the affected marine mammal stocks 
or species implicated by this action. NPS prohibits subsistence harvest 
of harbor seals within the GLBA NP (Catton, 1995). Therefore, NMFS has 
determined that the total taking of affected species or stocks will not 
have an unmitigable adverse impact on the availability of such species 
or stocks for taking for subsistence purposes.

National Environmental Policy Act

    Issuance of an MMPA 101(a)(5)(D) authorization requires compliance 
with the National Environmental Policy Act.
    NMFS determined the issuance of the proposed IHA is consistent with 
categories of activities identified in CE B4 (issuance of incidental 
harassment authorizations under section 101(a)(5)(A) and (D) of the 
MMPA for which no serious injury or mortality is anticipated) of the 
Companion Manual for NAO 216-6A and we have not identified any 
extraordinary circumstances listed in Chapter 4 of the Companion Manual 
for NAO 216-6A that would preclude this categorical exclusion.

Endangered Species Act (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.

Authorization

    NMFS has issued an IHA to the NPS at Glacier Bay NP for the 
harassment of small numbers of harbor seals incidental to conducting 
monitoring and research studies on glaucous-winged gulls within GLBA 
NP, Alaska provided the previously mentioned mitigation, monitoring, 
and reporting requirements are incorporated.

    Dated: February 9, 2018.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2018-03099 Filed 2-14-18; 8:45 am]
BILLING CODE 3510-22-P



                                                6842                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                public comment during identified times                     We also anticipate inviting other                  FOR FURTHER INFORMATION CONTACT:
                                                on the agenda.                                          NMFS offices to provide updates, if                   Jonathan Molineaux, Office of Protected
                                                FOR FURTHER INFORMATION CONTACT:                        available, on their activities relevant to            Resources, NMFS, and (301) 427–8401.
                                                Peter Cooper or Randy Blankinship at                    HMS fisheries such as listings under the              SUPPLEMENTARY INFORMATION:
                                                (301) 427–8503.                                         Endangered Species Act and Pelagic
                                                                                                        Longline Take Reduction Team                          Availability
                                                SUPPLEMENTARY INFORMATION: The
                                                Magnuson-Stevens Fishery                                rulemaking. Finally, we intend to invite
                                                                                                                                                                An electronic copy of the IHA and
                                                Conservation and Management Act, 16                     other NMFS offices and the United
                                                                                                                                                              supporting documents, as well as a list
                                                U.S.C. 1801 et seq., as amended by the                  States Coast Guard to provide updates
                                                                                                                                                              of the references cited in this document,
                                                Sustainable Fisheries Act, Public Law                   on their activities relevant to HMS
                                                                                                                                                              may be obtained online at:
                                                104–297, provided for the establishment                 fisheries.
                                                                                                                                                              www.nmfs.noaa.gov/pr/permits/
                                                of an AP to assist in the collection and                   Additional information on the                      incidental/research.htm. In case of
                                                evaluation of information relevant to the               meeting and a copy of the draft agenda                problems accessing these documents,
                                                development of any FMP or FMP                           will be posted prior to the meeting at:               please call the contact listed above (see
                                                amendment for Atlantic HMS. NMFS                        https://www.fisheries.noaa.gov/event/                 FOR FURTHER INFORMATION CONTACT).
                                                consults with and considers the                         march-2018-hms-advisory-panel-
                                                comments and views of AP members                        meeting.                                              Background
                                                when preparing and implementing                         Special Accommodations                                   Sections 101(a)(5)(A) and (D) of the
                                                FMPs or FMP amendments for Atlantic                                                                           MMPA (16 U.S.C. 1361 et seq.) direct
                                                tunas, swordfish, billfish, and sharks.                   This meeting is physically accessible
                                                                                                                                                              the Secretary of Commerce (as delegated
                                                   The AP has previously consulted with                 to people with disabilities. Requests for
                                                                                                                                                              to NMFS) to allow, upon request, the
                                                NMFS on: Amendment 1 to the Billfish                    sign language interpretation or other
                                                                                                                                                              incidental, but not intentional, taking of
                                                FMP (April 1999); the HMS FMP (April                    auxiliary aids should be directed to
                                                                                                                                                              small numbers of marine mammals by
                                                1999); Amendment 1 to the HMS FMP                       Peter Cooper at (301) 427–8503 at least
                                                                                                                                                              U.S. citizens who engage in a specified
                                                (December 2003); the Consolidated HMS                   7 days prior to the meeting.
                                                                                                                                                              activity (other than commercial fishing)
                                                FMP (October 2006); and Amendments                        Dated: February 9, 2018.                            within a specified geographical region if
                                                1, 2, 3, 4, 5a, 5b, 6, 7, 8, 9, and 10 to               Emily H. Menashes,                                    certain findings are made and either
                                                the 2006 Consolidated HMS FMP (April                    Acting Director, Office of Sustainable                regulations are issued or, if the taking is
                                                and October 2008, February and                          Fisheries, National Marine Fisheries Service.         limited to harassment, a notice of a
                                                September 2009, May and September                       [FR Doc. 2018–03114 Filed 2–14–18; 8:45 am]           proposed IHA is provided to the public
                                                2010, April and September 2011, March                   BILLING CODE 3510–22–P                                for review.
                                                and September 2012, January and                                                                                  An IHA for incidental takings shall be
                                                September 2013, April and September                                                                           granted if NMFS finds that the taking
                                                2014, March and September 2015, and                     DEPARTMENT OF COMMERCE                                will have a negligible impact on the
                                                March, September, and December 2016,                                                                          species or stock(s), will not have an
                                                and May and September 2017), among                      National Oceanic and Atmospheric
                                                                                                                                                              unmitigable adverse impact on the
                                                other things.                                           Administration
                                                                                                                                                              availability of the species or stock(s) for
                                                   The intent of this meeting is to                                                                           subsistence uses (where relevant), and if
                                                consider alternatives for the                           RIN 0648–XF776                                        the permissible methods of taking and
                                                conservation and management of all                                                                            requirements pertaining to the
                                                Atlantic tunas, swordfish, billfish, and                Takes of Marine Mammals Incidental to                 mitigation, monitoring and reporting of
                                                shark fisheries. We anticipate                          Specified Activities; Taking Marine                   such takings are set forth.
                                                discussing:                                             Mammals Incidental to Gull and
                                                   • Domestic implementation of                         Climate Research in Glacier Bay                          NMFS has defined ‘‘negligible
                                                recommendations from the 2017                           National Park, Alaska                                 impact’’ in 50 CFR 216.103 as an impact
                                                meeting of the International                                                                                  resulting from the specified activity that
                                                Commission for the Conservation of                      AGENCY:  National Marine Fisheries                    cannot be reasonably expected to, and is
                                                Atlantic Tunas to include an emergency                  Service (NMFS), National Oceanic and                  not reasonably likely to, adversely affect
                                                rule for shortfin mako sharks, Draft                    Atmospheric Administration (NOAA),                    the species or stock through effects on
                                                Amendment 11 on shortfin mako                           Commerce.                                             annual rates of recruitment or survival.
                                                sharks, bluefin tuna and northern                       ACTION: Notice; issuance of incidental                   The MMPA states that the term ‘‘take’’
                                                albacore tuna quotas, and issues for                    harassment authorization.                             means to harass, hunt, capture, kill or
                                                2018;                                                                                                         attempt to harass, hunt, capture, or kill
                                                   • Three-year review of Amendment 7                   SUMMARY:    In accordance with the                    any marine mammal.
                                                on bluefin tuna management;                             regulations implementing the Marine                      Except with respect to certain
                                                   • Progress updates on various other                  Mammal Protection Act (MMPA), as                      activities not pertinent here, the MMPA
                                                rulemakings, including shark fishery                    amended, notification is hereby given                 defines ‘‘harassment’’ as any act of
                                                closure criteria, evaluation of existing                that NMFS has issued an incidental                    pursuit, torment, or annoyance which (i)
                                                bluefin tuna management-related gear                    harassment authorization (IHA) to the                 has the potential to injure a marine
                                                restricted areas, and evaluation of                     National Park Service to take, by                     mammal or marine mammal stock in the
                                                                                                        harassment, one species of marine                     wild (Level A harassment); or (ii) has
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                                                existing fishing gear modification;
                                                   • Recreational fishery issues;                       mammal incidental to glaucous winged                  the potential to disturb a marine
                                                   • Closed area data collection and an                 gull and climate monitoring research                  mammal or marine mammal stock in the
                                                update regarding the exempted fishing                   activities in Glacier Bay National Park               wild by causing disruption of behavioral
                                                permit request to conduct research in                   (GLBA NP), Alaska.                                    patterns, including, but not limited to,
                                                pelagic longline closed areas; and                      DATES: This IHA is applicable from                    migration, breathing, nursing, breeding,
                                                   • Updates on shark stock                             March 1, 2018 through February 28,                    feeding, or sheltering (Level B
                                                assessments.                                            2019.                                                 harassment).


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                                                                               Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                                     6843

                                                Summary of Request                                        for weather station installation,                               one comment letter from the Marine
                                                  On August 31 2017, NMFS received a                      maintenance, and operation bringing the                         Mammal Commission (Commission).
                                                request from the NPS for an IHA to take                   total number of site visits to Lone Island                         Comment 1: The Commission
                                                marine mammals incidental to                              to nine. This includes adding one                               recommended that NMFS enumerate the
                                                glaucous-winged gull and climate                          additional trip for any emergency                               number of harbor seals that could be
                                                monitoring research activities in GLBA                    repairs that may be needed. Researchers                         taken during the planned activities by
                                                NP, Alaska. The application was                           accessing the islands for gull monitoring                       applying standard rounding rules before
                                                considered adequate and complete on                       and weather station operation may                               summing the numbers of estimated
                                                November 1, 2017. NPS’s request is for                    occasionally cause behavioral                                   takes across survey sites and survey
                                                take of harbor seals by Level B                           disturbance (or Level B harassment) of                          days.
                                                harassment. NMFS previously issued                        harbor seals. NPS expects that the                                 Response: Calculating predicted take
                                                four IHAs to the NPS for similar work                     disturbance to harbor seals from both                           is not an exact science and there are
                                                (82 FR 24681, May 20, 2017; 81 FR                         projects will be minimal and only                               arguments for taking different
                                                34994, June 1, 2016; 80 FR 28229,                         limited to Level B harassment.                                  mathematical approaches in different
                                                March 24, 2015; 79 FR 56065,                                 The purposes for the above-                                  situations, and for making qualitative
                                                September 18, 2014). Neither NPS nor                      mentioned research activities are as                            adjustments in other situations. NMFS
                                                NMFS expect mortality to result from                      follows. Gull monitoring studies are                            is currently engaged in developing a
                                                the research and, therefore, an IHA is                    mandated by a Record of Decision of a                           protocol to guide more consistent take
                                                appropriate.                                              Legislative Environmental Impact                                calculation given certain circumstances.
                                                                                                          Statement (LEIS) (NPS 2010) which                               We believe, however, that the
                                                Description of the Specified Activity                     states that NPS must initiate a                                 methodology for this action remains
                                                   A detailed description of the planned                  monitoring program for glaucous-                                appropriate.
                                                GLBA NP project is provided in the                        winged gulls (Larus glaucescens) to
                                                                                                                                                                          Description of Marine Mammals in the
                                                Federal Register notice for the proposed                  inform future native egg harvest by the
                                                                                                                                                                          Area of Specified Activities
                                                IHA (82 FR 56953; December 1, 2017).                      Hoonah Tlingit in Glacier Bay, Alaska.
                                                Since that time, no changes have been                     Installation of a new weather station on                           A detailed description of the species
                                                made to the planned activities.                           Lone Island is being planned as one of                          likely to be affected by the NPS project,
                                                Therefore, we provide only a summary                      several installations intended to fill                          including brief introductions to the
                                                here. Please refer to that Federal                        coverage gaps among existing weather                            species and relevant stocks as well as
                                                Register notice for the full description                  stations in GLBA NP (NPS 2015a).                                available information regarding
                                                of the specific activity.                                 These new stations will be operated as                          population trends and threats, and
                                                   NPS plans to conduct two research                      the foundation of a new long-term                               information regarding local occurrence,
                                                projects within GLBA NP, southeast                        climate-monitoring program for GLBA                             are provided in NPS’s application and
                                                Alaska: (1) Glaucous-winged gull                          NP.                                                             the Federal Register notice for the
                                                monitoring and (2) the installation and                                                                                   proposed IHA (82 FR 56953; December
                                                                                                          Comments and Responses
                                                maintenance of a weather station                                                                                          1, 2017). We are not aware of any
                                                operation for long-term climate                             A notice of NMFS’s proposal to issue                          changes in the status of these species
                                                monitoring. NPS will conduct ground                       an IHA to the NPS was published in the                          and stocks; therefore, detailed
                                                and vessel surveys at four study sites                    Federal Register on December 1, 2017                            descriptions are not provided here.
                                                within GLBA NP for gull monitoring:                       (82 FR 56953). That notice described, in                        Please refer to that Federal Register
                                                Boulder Island, Lone Island, Geikie                       detail, GLBA NP’s activity, the marine                          notice for these descriptions. Please
                                                Rock, and Flapjack Island. These sites                    mammal species that may be affected by                          refer to additional species information
                                                will be accessed up to five times per                     the activity, and the anticipated effects                       available in the NMFS SARs for Alaska
                                                year. In addition, NPS will access Lone                   on marine mammals. During the 30-day                            at http://www.nmfs.noaa.gov/pr/sars/
                                                Island an additional four times per year                  public comment period, NMFS received                            region.htm.

                                                                                   TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROJECT AREA
                                                                                                                                        ESA/MMPA               Stock abundance
                                                                                                                                          status;               (CV, Nmin, most                           Annual
                                                    Common name                   Scientific name                  Stock                                                                      PBR         M/SI 3
                                                                                                                                         Strategic             recent abundance
                                                                                                                                          (Y/N) 1                  survey) 2

                                                                                                           Order Carnivora—Superfamily Pinnipedia

                                                                                                          Family Otariidae (eared seals and sea lions)

                                                Steller’s sea lion ........    Eumetopias jubatus ..     Eastern U.S. .............    -/-; N ............   41,638 (n/a, 41,638,                   306            236
                                                                                                                                                               2015).
                                                                                                         Western U.S. ............     E/D; Y ..........     50,983 .......................     2,498              108

                                                                                                                 Family Phocidae (earless seals)
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                                                Harbor seal ................   Phoca vitulina            Glacier Bay/Icy Strait        -/-; N ............   7,210 (n.a.; 5,647;                    169            104
                                                                                 richardii.                                                                    2011).
                                                  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 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 NMFS marine mammal stock assessment reports online at: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; N
                                                                                                                                                                           min is the minimum
                                                estimate of stock abundance.



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                                                6844                                 Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                  3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
                                                commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or
                                                range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases.
                                                  Note: Italicized species not authorized for take.


                                                   Both species in Table 1 are protected                                   pinnipeds will permanently abandon a                              maintenance of the Lone Island weather
                                                under the MMPA and the Steller sea                                         haul out site during site monitoring as                           tower. Harbor seals tend to haul out in
                                                lion is listed as endangered (Western                                      activities are short in duration (30                              small numbers at study sites. Using
                                                Distinct Population Segment) under the                                     minutes to up to 2 hours), and previous                           monitoring report data from 2015 to
                                                Endangered Species Act (ESA). It was                                       surveys have demonstrated that seals                              2017 (see raw data from Tables 1 of the
                                                determined that take will not occur for                                    have returned to their haul out sites and                         2017, 2016 and 2015 Monitoring
                                                Steller sea lions based on available                                       have not permanently abandoned the                                Reports), the average number of harbor
                                                survey data and for the fact that NPS                                      sites.                                                            seals per survey visit was calculated to
                                                will maintain a distance of 100 meters                                                                                                       estimate the approximate number of
                                                                                                                           Estimated Take
                                                from all Steller sea lions in the action                                                                                                     seals observers will find on any given
                                                area. Therefore, Steller sea lions are not                                    This section provides the amount of                            survey day. As a result, the following
                                                discussed further in this IHA.                                             take authorized in the IHA, which                                 averages were determined for each
                                                                                                                           informs both NMFS’s consideration of                              island: Boulder Island—average 3.45
                                                Potential Effects of Specified Activities                                  whether the number of takes is ‘‘small’’                          seals, Flapjack Island—average 10.10
                                                on Marine Mammals and Their Habitat                                        and the negligible impact                                         seals, Geikie Rock—average 9.58 seals,
                                                   The Federal Register notice for the                                     determination.                                                    and Lone Island average of 18.63 seals
                                                proposed IHA (82 FR 56953; December                                           Harassment is the only type of take                            (See Table 5). Estimated take for gull
                                                1, 2017) included a discussion of the                                      expected to result from these activities.                         and climate monitoring was calculated
                                                effects of disturbance on marine                                           Except with respect to certain activities                         by multiplying the average number of
                                                mammals and their habitat, therefore                                       not pertinent here, section 3(18) of the                          seals observed during past gull
                                                that information is not repeated here;                                     MMPA defines ‘‘harassment’’ as any act                            monitoring surveys (2015–2017) by the
                                                please refer to the Federal Register                                       of pursuit, torment, or annoyance which                           number of total site visits. This includes
                                                notice (82 FR 56953; December 1, 2017)                                     (i) has the potential to injure a marine                          five visits to Boulder Island, Flapjack
                                                for that information. We provide only a                                    mammal or marine mammal stock in the                              Island, and Geikie Rock and nine visits
                                                summary here.                                                              wild (Level A harassment); or (ii) has                            to Lone Island (to include four site visits
                                                   The project will not result in                                          the potential to disturb a marine                                 for climate monitoring activities).
                                                permanent impacts to habitats used                                         mammal or marine mammal stock in the                              Therefore, the total incidents of
                                                directly by marine mammals, such as                                        wild by causing disruption of behavioral                          harassment equals 283 (See Table 5).
                                                haul out sites, nor impacts to food                                        patterns, including, but not limited to,                             During climate monitoring, which is
                                                sources. Based on the available data,                                      migration, breathing, nursing, breeding,                          expected to take place between March
                                                previous monitoring reports from GLBA                                      feeding, or sheltering (Level B                                   2018 to April 2018, and October 2018 to
                                                NP, and studies described in the                                           harassment).                                                      February 2019, seal numbers are
                                                proposed IHA, we anticipate that any                                          Authorized takes will be by Level B                            expected to dramatically decline within
                                                pinnipeds found in the vicinity of the                                     harassment only, in the form of                                   the action area. Although harbor seal
                                                project could have short-term behavioral                                   disruption of behavioral patterns for                             survey data within GLBA NP is lacking
                                                reactions (i.e., may result in marine                                      individual marine mammals resulting                               during the months of October through
                                                mammals avoiding certain areas) due to                                     from exposure to motorboats and the                               February, results from satellite telemetry
                                                noise and visual disturbance generated                                     presence of NPS personnel. Based on                               studies suggest that harbor seals travel
                                                by: (1) Motorboat approaches and                                           the nature of the activity, Level A                               extensively beyond the boundaries of
                                                departures and (2) human presence                                          harassment is neither anticipated nor                             GLBA NP during the post-breeding
                                                during gull research activities. We                                        authorized. As described previously, no                           season (September–April) (Womble and
                                                expect pinnipeds to return to a haul out                                   mortality is anticipated or authorized                            Gende, 2013b). Therefore, using
                                                site within minutes to hours of the                                        for this activity. Below we describe how                          observation data from past gull
                                                stimulus based on previous research                                        the take is estimated.                                            monitoring activities (that occurred
                                                (Johnson and Acevedo-Gutierrez, 2007;                                         Harbor seals may be disturbed when                             from May to September) is applicable
                                                Allen et al., 1985). Pinnipeds may be                                      vessels approach or researchers go                                when estimating take for climate
                                                temporarily displaced from their haul                                      ashore for the purpose of monitoring                              monitoring activities, as it will provide
                                                out sites, but we do not expect that the                                   gull colonies and for the installation and                        the most conservative estimates.

                                                                 TABLE 2—LEVEL B TAKES BY HARASSMENT DURING NPS GULL AND CLIMATE MONITORING ACTIVITIES
                                                                                                                                            Average
                                                                                                                                           number of                    Number of                                       Percentage of
                                                                               Site for survey                                                                                                      Level B take 1
                                                                                                                                         seals observed                 site visits                                      population
                                                                                                                                            per visit *

                                                Boulder Island ..................................................................                         3.45                                5                17.27                0.24
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                                                Flapjack Island .................................................................                        10.10                                5                50.50                0.70
                                                Geikie Rock .....................................................................                         9.58                                5                47.92                0.66
                                                Lone Island ......................................................................                       18.63                             ** 9               167.73                2.33

                                                      Total ..........................................................................                           ................................                283                3.93
                                                   1 SeeTable 3 for NMFS’ three-point scale that categorizes pinniped disturbance reactions by severity. NMFS only considers responses falling
                                                into Levels 2 and 3 as harassment (Level B) under the MMPA.



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                                                                            Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                            6845

                                                   * Data from 2015–2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017).
                                                   ** Number includes four additional days for climate monitoring activities.


                                                Mitigation                                              NPS researchers will use high-powered                 rookeries, mating grounds, areas of
                                                   In order to issue an IHA under                       image stabilizing binoculars from their               similar significance, and on the
                                                Section 101(a)(5)(D) of the MMPA,                       watercraft to document the number,                    availability of such species or stock for
                                                NMFS must set forth the permissible                     species, and location of hauled-out                   subsistence uses.
                                                methods of taking pursuant to such                      marine mammals at each island. The
                                                                                                                                                              Monitoring and Reporting
                                                activity, ‘‘and other means of effecting                vessels will maintain a distance of 328
                                                                                                        to 1,640 ft (100 to 500 m) from the                      In order to issue an IHA for an
                                                the least practicable impact on such                                                                          activity, Section 101(a)(5)(D) of the
                                                species or stock and its habitat, paying                shoreline to allow the researchers to
                                                                                                        conduct pre-survey monitoring. If                     MMPA states that NMFS must set forth,
                                                particular attention to rookeries, mating                                                                     requirements pertaining to the
                                                grounds, and areas of similar                           offshore predators, harbor seal pups of
                                                                                                        less than one week of age, or Steller sea             monitoring and reporting of such taking.
                                                significance, and on the availability of                                                                      The MMPA implementing regulations at
                                                such species or stock for taking’’ for                  lions are observed, researchers will
                                                                                                        follow the protocols for site avoidance               50 CFR 216.104(a)(13) indicate that
                                                certain subsistence uses. NMFS                                                                                requests for authorizations must include
                                                                                                        discussed below. If neither of these
                                                regulations require applicants for IHAs                                                                       the suggested means of accomplishing
                                                                                                        instances occur, researchers will then
                                                to include information about the                                                                              the necessary monitoring and reporting
                                                                                                        perform a controlled landing on the
                                                availability and feasibility (economic                                                                        that will result in increased knowledge
                                                                                                        survey site.
                                                and technological) of equipment,                                                                              of the species and of the level of taking
                                                methods, and manner of conducting                       Site Avoidance                                        or impacts on populations of marine
                                                such activity or other means of effecting                  If a harbor seal pup less than one                 mammals that are expected to be
                                                the least practicable adverse impact                    week old is observed near or within the               present in the proposed action area.
                                                upon the affected species or stocks and                 action area, researchers will not go                  Effective reporting is critical both to
                                                their habitat (50 CFR 216.104(a)(11)).                  ashore to conduct the gull or climate                 compliance as well as ensuring that the
                                                   In evaluating how mitigation may or                  monitoring activities. Also, if Steller sea           most value is obtained from the required
                                                may not be appropriate to ensure the                    lions are observed within or near the                 monitoring.
                                                least practicable adverse impact on                     study site, researchers will maintain a                  GLBANP submitted a marine mammal
                                                species or stocks and their habitat, as                 distance of at least 100 m from the                   monitoring plan in section 13 of their
                                                well as subsistence uses where                          animals at all times.                                 application. Monitoring requirement
                                                applicable, we carefully consider two                                                                         NMFS prescribes shall improve our
                                                primary factors:                                        Controlled Landings                                   understanding of one or more of the
                                                   (1) The manner in which, and the                        The researchers will determine                     following:
                                                degree to which, the successful                         whether to approach the island based on                  • Occurrence of marine mammal
                                                implementation of the measure(s) is                     type of animals present. Researchers                  species or stocks in the area in which
                                                expected to reduce impacts to marine                    will approach the island by motorboat at              take is anticipated (e.g., presence,
                                                mammals, marine mammal species or                       a speed of approximately 2 to 3 knots                 abundance, distribution, density);
                                                stocks, and their habitat, as well as                   (2.3 to 3.4 mph). This will provide                      • Nature, scope, or context of likely
                                                subsistence uses. This considers the                    enough time for any marine mammals                    marine mammal exposure to potential
                                                nature of the potential adverse impact                  present to slowly enter the water                     stressors/impacts (individual or
                                                being mitigated (likelihood, scope,                     without panic (flushing). The                         cumulative, acute or chronic), through
                                                range). It further considers the                        researchers will also select a pathway of             better understanding of: (1) Action or
                                                likelihood that the measure will be                     approach farthest from the hauled-out                 environment (e.g., source
                                                effective if implemented (probability of                harbor seals to minimize disturbance.                 characterization, propagation, ambient
                                                accomplishing the mitigating result if                                                                        noise); (2) affected species (e.g., life
                                                implemented as planned) the likelihood                  Minimize Predator Interactions                        history, dive patterns); (3) co-occurrence
                                                of effective implementation (probability                  If the researchers visually observe                 of marine mammal species with the
                                                implemented as planned) and;                            marine predators (i.e., killer whales)                action; or (4) biological or behavioral
                                                   (2) the practicability of the measures               present in the vicinity of hauled-out                 context of exposure (e.g., age, calving or
                                                for applicant implementation, which                     marine mammals, the researchers will                  feeding areas);
                                                may consider such things as cost and                    not approach the study site.                             • Individual marine mammal
                                                impact on operations.                                                                                         responses (behavioral or physiological)
                                                                                                        Disturbance Reduction Protocols
                                                                                                                                                              to acoustic stressors (acute, chronic, or
                                                Mitigation for Marine Mammals and                         While onshore at study sites, the                   cumulative), other stressors, or
                                                Their Habitat                                           researchers will remain vigilant for                  cumulative impacts from multiple
                                                   To reduce the potential for                          hauled-out marine mammals. If marine                  stressors;
                                                disturbance from acoustic and visual                    mammals are present, the researchers                     • How anticipated responses to
                                                stimuli associated with gull and climate                will move slowly and use quiet voices                 stressors impact either: (1) Long-term
                                                monitoring activities within GBLA NP,                   to minimize disturbance to the animals                fitness and survival of individual
                                                several mitigation measures for marine                  present.                                              marine mammals; or (2) populations,
                                                                                                          Based on our evaluation of the
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                                                mammals were selected for the NPS to                                                                          species, or stocks;
                                                conduct. The following is a summation                   applicant’s measures, as well as other                   • Effects on marine mammal habitat
                                                of those mitigation measures presented                  measures considered by NMFS, NMFS                     (e.g., marine mammal prey species,
                                                in the final IHA:                                       has determined that the mitigation                    acoustic habitat, or other important
                                                                                                        measures provide the means of effecting               physical components of marine
                                                Pre-Survey Monitoring                                   the least practicable impact on marine                mammal habitat); and
                                                  Prior to deciding to land onshore to                  mammal species or stocks and their                       • Mitigation and monitoring
                                                conduct gull and climate monitoring,                    habitat, paying particular attention to               effectiveness.


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                                                6846                                 Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                   NPS will conduct marine mammal                                       within the vicinity of the proposed                    will record disturbances on a three-
                                                monitoring during the project, in order                                 research areas. The monitoring notes                   point scale that represents an increasing
                                                to implement the mitigation measures                                    will provide dates, location, species, the             seal response to the disturbance (Table
                                                that require real-time monitoring and to                                researcher’s activity, behavioral state,               3). NPS will record the time, source, and
                                                gain a better understanding of marine                                   numbers of animals that were alert or                  duration of the disturbance, as well as
                                                mammals and their impacts to the                                        moved greater than one meter, and                      an estimated distance between the
                                                project’s activities. The researchers will                              numbers of pinnipeds that flushed into                 source and haul out. NMFS considers
                                                monitor the area for pinnipeds during                                   the water.                                             only responses falling into Levels 2 and
                                                all research activities. Monitoring                                       The method for recording                             3 as harassment under the MMPA.
                                                activities will consist of conducting and                               disturbances is based on those
                                                recording observations of pinnipeds                                     developed by Mortenson (1996). NPS

                                                                                                                    TABLE 3—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 ani-
                                                                                                                       mal’s body length. Alerts will 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 di-
                                                                                                                       rection of greater than 90 degrees. These movements will be recorded and counted as a ‘take’.
                                                3 ..............................   Flush ......................     All retreats (flushes) to the water. Flushing into the water will be recorded and counted as a ‘take’.



                                                Previous Monitoring Results                                             biologists to determine what additional                acoustic or visual stimuli associated
                                                   As described in the notice of                                        data or observations may be useful for                 with the research activities; and
                                                                                                                        monitoring marine mammals and haul                        4. A description of the
                                                proposed IHA, NPS has complied with
                                                                                                                        outs in GLBA NP. Additionally, NPS                     implementation and effectiveness of the
                                                the monitoring requirements under the
                                                                                                                        will report vessel-based counts of                     monitoring and mitigation measures of
                                                previous authorizations. NMFS posted
                                                                                                                        marine mammals, branded, or injured                    the Authorization and full
                                                the 2017 report on our website at
                                                                                                                        animals, and all observed disturbances                 documentation of methods, results, and
                                                www.nmfs.noaa.gov/pr/permits/
                                                                                                                        to the appropriate state and Federal                   interpretation pertaining to all
                                                incidental/research.htm and the results
                                                                                                                        agencies.                                              monitoring.
                                                from the previous NPS monitoring                                                                                                  In the unanticipated event that the
                                                reports. These reports support our                                      Reporting                                              specified activity clearly causes the take
                                                findings that the mitigation measures                                      NPS is required to submit a draft                   of a marine mammal in a manner
                                                required under the 2014–2017 IHAs                                       monitoring report to NMFS no later than                prohibited by the authorization, such as
                                                provide the means of effecting the least                                90 days after the expiration of the                    an injury (Level A harassment), serious
                                                practicable impact on the species or                                    Incidental Harassment Authorization or                 injury, or mortality (e.g., vessel-strike,
                                                stock.                                                                  sixty days prior to the issuance of any                stampede, etc.), NPS shall immediately
                                                Coordination                                                            subsequent IHA for this project,                       cease the specified activities and
                                                                                                                        whichever comes first. The report will                 immediately report the incident to the
                                                   NPS will add to the knowledge of                                     include a summary of the information
                                                pinnipeds in the proposed action area                                                                                          Office of Protected Resources, NMFS
                                                                                                                        gathered pursuant to the monitoring                    and the Alaska Regional Stranding
                                                by noting observations of: (1) Unusual                                  requirements set forth in the
                                                behaviors, numbers, or distributions of                                                                                        Coordinator. The report must include
                                                                                                                        Authorization. NPS will submit a final                 the following information:
                                                pinnipeds, such that any potential                                      report to NMFS within 30 days after                       • Time, date, and location (latitude/
                                                follow-up research can be conducted by                                  receiving comments on the draft report.                longitude) of the incident;
                                                the appropriate personnel; (2) tag-                                     If NPS receives no comments from                          • Description and location of the
                                                bearing carcasses of pinnipeds, allowing                                NMFS on the report, NMFS will                          incident (including tide level if
                                                transmittal of the information to                                       consider the draft report to be the final              applicable);
                                                appropriate agencies and personnel; and                                 report.                                                   • Environmental conditions (e.g.,
                                                (3) rare or unusual species of marine                                      The report will describe the                        wind speed and direction, Beaufort sea
                                                mammals for agency follow-up. NPS                                       operations conducted and sightings of                  state, cloud cover, and visibility);
                                                actively monitors harbor seals at                                       marine mammals near the proposed                          • Description of all marine mammal
                                                breeding and molting haul out locations                                 project. The report will provide full                  observations in the 24 hours preceding
                                                to assess trends over time (e.g., Mathews                               documentation of methods, results, and                 the incident;
                                                & Pendleton, 2006; Womble et al. 2010,                                  interpretation pertaining to all                          • Species identification or
                                                Womble and Gende, 2013b). This                                          monitoring. The report will provide:                   description of the animal(s) involved;
                                                monitoring program involves                                                1. A summary and table of the dates,                   • Fate of the animal(s); and
                                                collaborations with biologists from the                                                                                           • Photographs or video footage of the
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                                                                                                                        times, and weather during all research
                                                Alaska Department of Fish and Game,                                     activities;                                            animal(s) (if equipment is available).
                                                and NMFS’ Alaska Fisheries Science                                         2. Species, number, location, and                      NPS shall not resume its activities
                                                Center. NPS will continue these                                         behavior of any marine mammals                         until NMFS is able to review the
                                                collaborations and encourage continued                                  observed throughout all monitoring                     circumstances of the prohibited take.
                                                or renewed monitoring of marine                                         activities;                                            NMFS will work with NPS to determine
                                                mammal species. NPS will coordinate                                        3. An estimate of the number (by                    what is necessary to minimize the
                                                with state and Federal marine mammal                                    species) of marine mammals exposed to                  likelihood of further prohibited take and


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                                                                            Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices                                            6847

                                                ensure MMPA compliance. NPS may                         estimated takes by evaluating this                    during the proposed gull and climate
                                                not resume their activities until notified              information relative to population                    research activities to avoid human
                                                by us via letter, email, or telephone.                  status. Consistent with the 1989                      disturbance. Further, these proposed
                                                  In the event that NPS discovers an                    preamble for NMFS’s implementing                      activities will not take place in areas of
                                                injured or dead marine mammal, and                      regulations (54 FR 40338; September 29,               significance for marine mammal
                                                the lead researcher determines that the                 1989), the impacts from other past and                feeding, resting, breeding, or pupping
                                                cause of the injury or death is unknown                 ongoing anthropogenic activities are                  and will not adversely impact marine
                                                and the death is relatively recent (i.e., in            incorporated into this analysis via their             mammal habitat. Due to the nature,
                                                less than a moderate state of                           impacts on the environmental baseline                 degree, and context of the behavioral
                                                decomposition as we describe in the                     (e.g., as reflected in the regulatory status          harassment anticipated, we do not
                                                next paragraph), NPS will immediately                   of the species, population size and                   expect the activities to impact annual
                                                report the incident to the Office of                    growth rate where known, ongoing                      rates of recruitment or survival.
                                                Protected Resources, NMFS and the                       sources of human-caused mortality, or                    NMFS does not expect pinnipeds to
                                                Alaska Regional Stranding Coordinator.                  ambient noise levels).                                permanently abandon any area surveyed
                                                The report must include the same                           Due to the project’s minimal levels of             by researchers, as is evidenced by
                                                information identified in the paragraph                 visual and acoustic disturbance, NMFS                 continued presence of pinnipeds at the
                                                above this section. Activities may                      does not expect NPS’s specified                       sites during annual gull monitoring. In
                                                continue while we review the                            activities to cause long-term behavioral              summary, NMFS anticipates that
                                                circumstances of the incident. We will                  disturbance, abandonment of the haul                  impacts to hauled-out harbor seals
                                                work with NPS to determine whether                      out area, injury, serious injury, or                  during NPS’ research activities will be
                                                modifications in the activities are                     mortality. Additional factors for our                 behavioral harassment of limited
                                                appropriate.                                            negligible impact determination are                   duration (i.e., up to two hours per visit)
                                                  In the event that NPS discovers an                    listed below:                                         and limited intensity (i.e., temporary
                                                injured or dead marine mammal, and                         • The takes from Level B harassment                flushing at most).
                                                the lead visual observer determines that                will be due to potential behavioral
                                                                                                                                                                 Based on the analysis contained
                                                the injury or death is not associated                   disturbance. The effects of the research
                                                with or related to the authorized                       activities will be limited to short-term              herein of the likely effects of the
                                                activities (e.g., previously wounded                    startle responses and localized                       specified activity on marine mammals
                                                animal, carcass with moderate to                        behavioral changes due to the short and               and their habitat, and taking into
                                                advanced decomposition, or scavenger                    sporadic duration of the research                     consideration the implementation of the
                                                damage), NPS will report the incident to                activities;                                           proposed monitoring and mitigation
                                                the incident to the Office of Protected                    • The proposed activities will not                 measures, NMFS finds that the total
                                                Resources, NMFS and the Alaska                          take place in areas of significance for               marine mammal take from the proposed
                                                Regional Stranding Coordinator within                   marine mammal feeding, resting,                       activity will have a negligible impact on
                                                24 hours of the discovery. NPS                          breeding, or pupping and will not                     all affected marine mammal species or
                                                researchers will provide photographs or                 adversely impact marine mammal                        stocks.
                                                video footage (if available) or other                   habitat;                                              Small Numbers
                                                documentation of the stranded animal                       • The proposed activities will affect a
                                                sighting to us. NPS can continue their                  small portion of harbor seal habitat                    As noted above, only small numbers
                                                research activities.                                    within GLBA NP for only a short                       of incidental take may be authorized
                                                                                                        amount of time. This, combined with a                 under Section 101(a)(5)(D) of the MMPA
                                                Negligible Impact Analysis and                                                                                for specified activities other than
                                                                                                        large availability of alternate areas for
                                                Determination                                                                                                 military readiness activities. The MMPA
                                                                                                        pinnipeds to haul out enables the seals
                                                   NMFS has defined negligible impact                   to effectively avoid disturbances from                does not define small numbers and so,
                                                as an impact resulting from the                         research operations;                                  in practice, where estimated numbers
                                                specified activity that cannot be                          • Anecdotal observations and results               are available, NMFS compares the
                                                reasonably expected to, and is not                      from previous monitoring reports show                 number of individuals taken to the most
                                                reasonably likely to, adversely affect the              that the pinnipeds returned to the                    appropriate estimation of abundance of
                                                species or stock through effects on                     various sites and did not permanently                 the relevant species or stock in our
                                                annual rates of recruitment or survival                 abandon haul out sites after NPS                      determination of whether an
                                                (50 CFR 216.103). A negligible impact                   conducted their research activities; and              authorization is limited to small
                                                finding is based on the lack of likely                     • Harbor seals may flush in the water              numbers of marine mammals.
                                                adverse effects on annual rates of                      despite researchers’ best efforts to keep             Additionally, other qualitative factors
                                                recruitment or survival (i.e., population-              calm and quiet around seals; however,                 may be considered in the analysis, such
                                                level effects). An estimate of the number               injury or mortality has never been                    as the temporal or spatial scale of the
                                                of takes alone is not enough information                documented nor is anticipated from                    activities.
                                                on which to base an impact                              flushing events. Researchers will                       As mentioned previously, NMFS
                                                determination. In addition to                           approach study sites slowly to provide                estimates that NPS’ activities could
                                                considering estimates of the number of                  enough time for any marine mammals                    potentially affect, by Level B harassment
                                                marine mammals that might be ‘‘taken’’                  present to slowly enter the water                     only, one species of marine mammal
                                                through harassment, NMFS considers                      without panic.                                        under our jurisdiction. For harbor seals,
                                                other factors, such as the likely nature                   As stated, NMFS does not anticipate                this estimate is small (3.93 percent, see
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                                                of any responses (e.g., intensity,                      any injuries, serious injuries, or                    Table 4) relative to the Glacier Bay/Icy
                                                duration), the context of any responses                 mortalities to result from NPS’s                      Strait stock of harbor seals (7,210 seals,
                                                (e.g., critical reproductive time or                    proposed activities and we do not                     see Table 1). In addition to this, there is
                                                location, migration), as well as effects                propose to authorize injury, serious                  a high probability that repetitive takes of
                                                on habitat, and the likely effectiveness                injury, or mortality. Harbor seals may                the same animals may occur which
                                                of the mitigation. We also assess the                   exhibit behavioral modifications,                     reduces the percentage of population
                                                number, intensity, and context of                       including temporarily vacating the area               even further.


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                                                6848                        Federal Register / Vol. 83, No. 32 / Thursday, February 15, 2018 / Notices

                                                   Based on the analysis contained                      DEPARTMENT OF EDUCATION                               is described below. The Department of
                                                herein of the proposed activity                                                                               Education is especially interested in
                                                                                                        [Docket No.: ED–2017–ICCD–0147]
                                                (including the proposed mitigation and                                                                        public comment addressing the
                                                monitoring measures) and the                            Agency Information Collection                         following issues: (1) Is this collection
                                                anticipated take of marine mammals,                     Activities; Submission to the Office of               necessary to the proper functions of the
                                                NMFS finds that small numbers of                        Management and Budget for Review                      Department; (2) will this information be
                                                marine mammals will be taken relative                   and Approval; Comment Request;                        processed and used in a timely manner;
                                                to the population size of the affected                  Survey of Postgraduate Outcomes for                   (3) is the estimate of burden accurate;
                                                species or stocks.                                      the Fulbright-Hays Doctoral                           (4) how might the Department enhance
                                                                                                        Dissertation Research Abroad (DDRA)                   the quality, utility, and clarity of the
                                                Unmitigable Adverse Impact Analysis
                                                                                                        Program (Tracking Survey)                             information to be collected; and (5) how
                                                and Determination
                                                                                                                                                              might the Department minimize the
                                                   There are no subsistence uses of the                 AGENCY: Office of Postsecondary                       burden of this collection on the
                                                affected marine mammal stocks or                        Education (OPE), Department of                        respondents, including through the use
                                                species implicated by this action. NPS                  Education (ED).                                       of information technology. Please note
                                                prohibits subsistence harvest of harbor                 ACTION: Notice.                                       that written comments received in
                                                seals within the GLBA NP (Catton,                                                                             response to this notice will be
                                                1995). Therefore, NMFS has determined                   SUMMARY:    In accordance with the                    considered public records.
                                                that the total taking of affected species               Paperwork Reduction Act of 1995, ED is                   Title of Collection: Survey of
                                                or stocks will not have an unmitigable                  proposing a new information collection.               Postgraduate Outcomes for the
                                                adverse impact on the availability of                   DATES: Interested persons are invited to              Fulbright-Hays Doctoral Dissertation
                                                such species or stocks for taking for                   submit comments on or before March                    Research Abroad (DDRA) Program
                                                subsistence purposes.                                   19, 2018.                                             (Tracking Survey).
                                                                                                        ADDRESSES: To access and review all the                  OMB Control Number: 1840–NEW.
                                                National Environmental Policy Act                       documents related to the information                     Type of Review: A new information
                                                  Issuance of an MMPA 101(a)(5)(D)                      collection listed in this notice, please              collection.
                                                authorization requires compliance with                  use http://www.regulations.gov by                        Respondents/Affected Public:
                                                the National Environmental Policy Act.                  searching the Docket ID number ED–                    Individuals or Households.
                                                                                                        2017–ICCD–0147. Comments submitted                       Total Estimated Number of Annual
                                                  NMFS determined the issuance of the
                                                                                                        in response to this notice should be                  Responses: 90.
                                                proposed IHA is consistent with
                                                                                                        submitted electronically through the                     Total Estimated Number of Annual
                                                categories of activities identified in CE
                                                                                                        Federal eRulemaking Portal at http://                 Burden Hours: 23.
                                                B4 (issuance of incidental harassment
                                                                                                        www.regulations.gov by selecting the                     Abstract: This survey will be used by
                                                authorizations under section
                                                                                                        Docket ID number or via postal mail,                  the Postgraduate Outcomes for the
                                                101(a)(5)(A) and (D) of the MMPA for
                                                                                                        commercial delivery, or hand delivery.                Fulbright-Hays Doctoral Dissertation
                                                which no serious injury or mortality is
                                                                                                        Please note that comments submitted by                Research Abroad (DDRA) grantee
                                                anticipated) of the Companion Manual
                                                                                                        fax or email and those submitted after                institutions and fellows to provide
                                                for NAO 216–6A and we have not
                                                                                                        the comment period will not be                        information used by the Department in
                                                identified any extraordinary
                                                                                                        accepted. Written requests for                        responding to DDRA GPRA performance
                                                circumstances listed in Chapter 4 of the
                                                                                                        information or comments submitted by                  and efficiency measures. Fellows will
                                                Companion Manual for NAO 216–6A
                                                                                                        postal mail or delivery should be                     complete the survey online, and the
                                                that would preclude this categorical
                                                                                                        addressed to the Director of the                      Department will access and report on
                                                exclusion.
                                                                                                        Information Collection Clearance                      the collected data regarding fellows’
                                                Endangered Species Act (ESA)                            Division, U.S. Department of Education,               postgraduate employment. The survey is
                                                                                                        400 Maryland Avenue SW, LBJ, Room                     necessary in order to respond to GPRA.
                                                  No incidental take of ESA-listed                      216–34, Washington, DC 20202–4537.
                                                species is proposed for authorization or                                                                        Dated: February 12, 2018.
                                                                                                        FOR FURTHER INFORMATION CONTACT: For
                                                expected to result from this activity.                                                                        Kate Mullan,
                                                Therefore, NMFS has determined that                     specific questions related to collection
                                                                                                        activities, please contact Sara Starke,               Acting Director, Information Collection
                                                formal consultation under section 7 of                                                                        Clearance Division, Office of the Chief Privacy
                                                the ESA is not required for this action.                202–453–7681.
                                                                                                                                                              Officer, Office of Management.
                                                                                                        SUPPLEMENTARY INFORMATION: The
                                                                                                                                                              [FR Doc. 2018–03123 Filed 2–14–18; 8:45 am]
                                                Authorization                                           Department of Education (ED), in
                                                                                                                                                              BILLING CODE 4000–01–P
                                                   NMFS has issued an IHA to the NPS                    accordance with the Paperwork
                                                at Glacier Bay NP for the harassment of                 Reduction Act of 1995 (PRA) (44 U.S.C.
                                                small numbers of harbor seals incidental                3506(c)(2)(A)), provides the general
                                                to conducting monitoring and research                   public and Federal agencies with an                   FEDERAL COMMUNICATIONS
                                                studies on glaucous-winged gulls within                 opportunity to comment on proposed,                   COMMISSION
                                                GLBA NP, Alaska provided the                            revised, and continuing collections of
                                                previously mentioned mitigation,                        information. This helps the Department                Radio Broadcasting Services; AM or
                                                monitoring, and reporting requirements                  assess the impact of its information                  FM Proposals To Change the
                                                                                                        collection requirements and minimize
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                                                are incorporated.                                                                                             Community of License
                                                                                                        the public’s reporting burden. It also
                                                  Dated: February 9, 2018.                              helps the public understand the                       AGENCY: Federal Communications
                                                Donna S. Wieting,                                       Department’s information collection                   Commission.
                                                Director, Office of Protected Resources,                requirements and provide the requested                ACTION: Notice.
                                                National Marine Fisheries Service.                      data in the desired format. ED is
                                                [FR Doc. 2018–03099 Filed 2–14–18; 8:45 am]             soliciting comments on the proposed                        The agency must receive
                                                                                                                                                              DATES:
                                                BILLING CODE 3510–22–P                                  information collection request (ICR) that             comments on or before April 16, 2018.


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Document Created: 2018-02-15 00:21:14
Document Modified: 2018-02-15 00:21:14
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice; issuance of incidental harassment authorization.
DatesThis IHA is applicable from March 1, 2018 through February 28, 2019.
ContactJonathan Molineaux, Office of Protected Resources, NMFS, and (301) 427-8401.
FR Citation83 FR 6842 
RIN Number0648-XF77

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