Notice2022-10937
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Lighthouse Repair and Tour Operations at Northwest Seal Rock, California
Primary source
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Published
May 20, 2022
Effective
May 15, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
Pursuant to the Marine Mammal Protection Act (MMPA), as amended, and implementing regulations, NMFS issued an LOA to the St. George Reef Lighthouse Preservation Society (Society) to take marine mammals incidental to conducting aircraft operations, lighthouse renovation, light maintenance activities, and tour operations on the St. George Reef Lighthouse Station (Station) on Northwest Seal Rock (NWSR).
Full Text
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<title>Federal Register, Volume 87 Issue 98 (Friday, May 20, 2022)</title>
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[Federal Register Volume 87, Number 98 (Friday, May 20, 2022)]
[Notices]
[Page 30918]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-10937]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC042]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Lighthouse Repair and Tour
Operations at Northwest Seal Rock, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Letter of Authorization (LOA).
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SUMMARY: Pursuant to the Marine Mammal Protection Act (MMPA), as
amended, and implementing regulations, NMFS issued an LOA to the St.
George Reef Lighthouse Preservation Society (Society) to take marine
mammals incidental to conducting aircraft operations, lighthouse
renovation, light maintenance activities, and tour operations on the
St. George Reef Lighthouse Station (Station) on Northwest Seal Rock
(NWSR).
DATES: This authorization is effective from May 15, 2022 through May
14, 2023.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (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
authorization is provided to the public for review.
An incidental take authorization 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).
Summary
NMFS issued regulations governing the take of California sea lions
(Zalophus californianus), harbor seals (Phoca vitulina), Steller sea
lions (Eumetopias jubatus), and northern fur seals (Callorhinus
ursinus), by Level B harassment only, incidental to lighthouse
maintenance and preservation activities at NWSR, offshore of Crescent
City, CA on April 15, 2022 (87 FR 22484). These regulations include
mitigation, monitoring, and reporting requirements for the incidental
take of marine mammals during the specified activities. As further
detailed in the regulations (50 CFR 217.57), adaptive management
measures allow NMFS to modify or renew LOAs as necessary if doing so
creates a reasonable likelihood of more effective mitigation and
monitoring.
This LOA for the first year of the Society's activities is valid
from May 15, 2022 through May 14, 2023. The LOA includes the
requirement for quarterly monitoring report submissions to ensure that
implementation and compliance will be successful. NMFS will reevaluate
the Society's implementation and compliance in accordance with the
terms of the regulations and the one-year LOA before issuing any
additional LOAs to the Society.
Authorization
NMFS has issued an LOA (available at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock">https://www.fisheries.noaa.gov/action/incidental-take-authorization-lighthouse-repair-and-tour-operations-northwest-seal-rock</a>) to the Society for the
potential harassment of small numbers of four marine mammal species
incidental to conducting aircraft operations, lighthouse renovation,
light maintenance activities, and tour operations at NWSR, provided the
mitigation, monitoring and reporting requirements of the rulemaking are
incorporated.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-10937 Filed 5-19-22; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on May 20, 2022.
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