Notice2022-12259
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Punta Gorda Lighthouse Stabilization Project in Humboldt County, California
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 7, 2022
Effective
June 1, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an IHA to the Bureau of Land Management (BLM) to incidentally harass marine mammals during construction activities associated with the Punta Gorda Lighthouse (PGL) Stabilization Project in Humboldt County, California. There are no changes from the proposed authorization in this final authorization.
Full Text
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<title>Federal Register, Volume 87 Issue 109 (Tuesday, June 7, 2022)</title>
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[Federal Register Volume 87, Number 109 (Tuesday, June 7, 2022)]
[Notices]
[Pages 34659-34666]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-12259]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC065]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Punta Gorda Lighthouse
Stabilization Project in Humboldt County, California
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization
(IHA).
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an IHA to the Bureau of Land Management (BLM) to
incidentally harass marine mammals during construction activities
associated with the Punta Gorda Lighthouse (PGL) Stabilization Project
in Humboldt County, California. There are no changes from the proposed
authorization in this final authorization.
DATES: This Authorization is effective from June 1, 2022 through
October 1, 2022.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems
accessing these documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. 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 proposed or, if the taking is limited to harassment, a notice of a
proposed incidental harassment authorization is provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth.
Summary of Request
On August 30, 2021, NMFS received a request from the BLM for an IHA
to take marine mammals incidental to the PGL Stabilization Project in
Humboldt County, California. The application was deemed adequate and
complete on February 15, 2022. The BLM's request is for take of a small
number of northern elephant seals (Mirounga angustirostris), Pacific
harbor seals (Phoca vitulina richardii), California sea lions (Zalophus
californianus), and Steller sea lions (Eumetopias jubatus) by Level B
harassment only. Neither the BLM nor NMFS expects serious injury or
mortality to result from this activity and, therefore, an IHA is
appropriate.
There are no changes from the proposed IHA to the final IHA.
Description of Planned Activity
Overview
The PGL was established as an aid to navigation in 1912 along the
northern California coast. While in use, the lighthouse station
included the lighthouse, oil house, three residences, and numerous
other small buildings typical of small military outposts. Although the
lighthouse is located on the mainland, maintaining the station in the
remote and rugged location along the coast proved to be too difficult
and the U.S. Coast Guard decommissioned the lighthouse in 1951. The BLM
assumed management of the site following the PGL's decommission but was
unable to keep up with the maintenance and after the windy ocean
environment took a toll on the site, the BLM intentionally burned down
the wooden structures of the station. The concrete lighthouse and oil
house were all that remained when the site was listed in the National
Registry of Historic Places in 1976.
The BLM plans to stabilize the lighthouse site, repair the
remaining structures, and rebuild former structures between June 1,
2022 and October 1, 2022 on up to 122 days of work. The lighthouse is
located along the Lost Coast Trail, which extends from the Mattole
River to Shelter Cove, California, covering approximately 40 kilometers
(km) (24.8 miles (mi)).The BLM will access the PGL by traveling along
the coast from the north, originating at either the Windy Point
Trailhead or the Trailhead at the Mattole Campground.
A detailed description of the planned construction activities at
the PGL is provided in the Federal Register notice of the proposed IHA
(87 FR 24517; April 26, 2022). Since that time, no changes have been
made to the project activities. Therefore, a detailed description is
not provided here. Please refer to that Federal Register notice for the
description of the specified activities. Mitigation, monitoring, and
reporting measures are described in detail later in this document
(please see Mitigation and Monitoring and Reporting sections).
Comments and Responses
A notice of NMFS' proposal to issue an IHA to the BLM was published
in the Federal Register on April 26, 2022 (87 FR 24517). That notice
described, in
[[Page 34660]]
detail, the BLM's activities, the marine mammal species that may be
affected by the activities, and the anticipated effects on marine
mammals. In that notice, we requested public input on the request for
authorization described therein, our analyses, the proposed
authorization, and any other aspect of the notice of proposed IHA, and
requested that interested persons submit relevant information,
suggestions, and comments. This proposed notice was available for a 30-
day public comment period.
During the public comment period, NMFS received no public comments.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history of the potentially affected species. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, incorporated here by reference, instead of
reprinting the information. Additional information regarding population
trends and threats may be found in NMFS' Stock Assessment Reports
(SARs; <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these
species (e.g., physical and behavioral descriptions) may be found on
NMFS' website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
authorized for the BLM's activities, and summarizes information related
to the population or stock, including regulatory status under the MMPA
and Endangered Species Act (ESA) and potential biological removal
(PBR), where known. PBR is defined by the MMPA as the maximum number of
animals, not including natural mortalities, that may be removed from a
marine mammal stock while allowing that stock to reach or maintain its
optimum sustainable population (as described in NMFS' SARs). While no
serious injury or mortality is anticipated or authorized here, PBR and
annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species and
other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' U.S. Pacific and Alaska SARs. All values presented in Table 1 are
the most recent available at the time of publication and are available
in the 2020 SARs (Carretta et al., 2021; Muto et al., 2021) and draft
2021 SARs (available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports</a>).
Table 1--Species Likely Impacted by the Specified Activities
----------------------------------------------------------------------------------------------------------------
Stock abundance
ESA/ MMPA (CV, Nmin, most
Common name Scientific name Stock status; recent PBR Annual M/
strategic abundance SI \3\
(Y/N) \1\ survey) \2\
----------------------------------------------------------------------------------------------------------------
Order Carnivora--Superfamily Pinnipedia
----------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals
and sea lions):
Steller Sea Lion......... Eumetopias Eastern U.S.... -, -, N 43,201 (see 2,592 112
jubatus. SAR, 43,201,
2017).
California Sea Lion...... Zalophus U.S............ -, -, N 257,606 (N/A, 14,011 >320
californianus. 233,515, 2014).
Family Phocidae (earless
seals):
Northern Elephant Seal... Mirounga California -, -, N 187,386 (N/A, 5,122 13.7
angustirostris. Breeding. 85,369, 2013).
Harbor Seal.............. Phoca vitulina. California..... -, -, N 30,968 (N/A, 1,641 43
27,348, 2012).
----------------------------------------------------------------------------------------------------------------
\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: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>. CV is coefficient of variation; Nmin is the minimum estimate of
stock abundance. In some cases, CV is not applicable.
\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.
As indicated above, all four species (with four managed stocks) in
Table 1 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur.
A detailed description of the species likely to be affected by the
BLM's activities, including information regarding population trends and
threats, and information regarding local occurrence, were provided in
the Federal Register notice for the proposed IHAs (87 FR 24517; April
26, 2022). Since that time, we are not aware of any changes in this
information or the status of these species and stocks; therefore,
detailed descriptions are not provided here. Please refer to that
Federal Register notice for those descriptions. Please also refer to
NMFS's website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for
generalized species accounts.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
Acoustic and visual stimuli generated by personnel working at the
PGL and traversing the beach to access the work site, noise from
construction equipment operating at the PGL, and helicopters hovering
over the site to transport equipment and supplies may have the
potential to cause behavioral disturbance (Level B harassment) of
marine mammals in the vicinity of the project area. The Federal
Register notice of proposed IHA (87 FR 24517; April 26, 2022) included
a discussion of the effects of anthropogenic activity on marine mammals
and their habitat. That information and analysis is incorporated by
reference into the final determination for the IHA and is not repeated
here; please refer to the notice of proposed IHA (87 FR 24517; April
26, 2022).
The Estimated Take section later in this document includes a
quantitative analysis of the number of individuals that are expected to
be taken by this activity. The Negligible Impact Analysis
[[Page 34661]]
and Determination section considers the content of this section, the
Estimated Take section, and the Mitigation section, to draw conclusions
regarding the likely impacts of these activities on the reproductive
success or survivorship of individuals and whether those impacts are
reasonably expected to, or reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform both NMFS' consideration
of ``small numbers'' and the negligible impact determinations.
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 are by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to construction personnel and equipment,
including helicopters used to transport materials. Based on the nature
of the activity, Level A harassment is neither anticipated nor
authorized. For the BLM's planned activities, behavioral (Level B)
harassment is limited to movement and flushing, defined by the
disturbance scale of pinniped responses to in-air sources to determine
take.
The presence of construction personnel may have the potential to
cause Level B harassment of marine mammals hauled-out at the PGL and
along the planned access routes. Disturbance includes a variety of
effects, from subtle to conspicuous changes in behavior, movement, and
displacement. Disturbance may result in reactions ranging from an
animal simply becoming alert to the presence of the BLM's construction
personnel (e.g., turning the head, assuming a more upright posture) to
flushing from the haulout site into the water. NMFS does not consider
the lesser reactions to constitute behavioral harassment, or Level B
harassment takes, but rather assumes that pinnipeds that move greater
than two body lengths or longer, or if already moving, a change of
direction of greater than 90 degrees in response to the disturbance, or
pinnipeds that flush into the water, are behaviorally harassed, and
thus considered incidentally taken by Level B harassment. NMFS uses a
3-point scale (Table 2) to determine which disturbance reactions
constitute take under the MMPA. Levels 2 and 3 (movement and flush) are
considered take, whereas level 1 (alert) is not. Animals that respond
to the presence of BLM personnel by becoming alert, but do not move or
change the nature of locomotion as described, are not considered to
have been subject to behavioral harassment.
Table 2--Disturbance Scale of Pinniped Responses to In-Air Sources To
Determine Take
------------------------------------------------------------------------
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.
2 *................. Movement......... Movements in response to the
source of disturbance, ranging
from short withdrawals at
least twice the animal's body
length to longer retreats over
the beach, or if already
moving a change of direction
of greater than 90 degrees.
3 *................. Flush............ All retreats (flushes) to the
water.
------------------------------------------------------------------------
* Only Levels 2 and 3 are considered take under the MMPA, whereas Level
1 is not.
As described previously, no serious injury or mortality is
anticipated or authorized for this activity. Below we describe how the
authorized take numbers are calculated.
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information, that
will inform the take calculations.
Researchers from Humboldt State University (HSU) regularly conduct
census counts of pinnipeds at the PGL and surrounding areas along the
northern California coast (e.g., Goley et al., 2021). Counts of
northern elephant seals and harbor seals at the PGL during the
effective dates of the IHA (June 1 through October 1) are presented
below.
Table 3--Northern Elephant Seal Census Counts
----------------------------------------------------------------------------------------------------------------
2019 Counts 2020 Counts
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Number of seals Number of seals
Date observed Date observed
----------------------------------------------------------------------------------------------------------------
June 8..................................... 101 June 4....................... 177
June 15.................................... 74 June 11...................... 83
June 23.................................... 34 June 14...................... 80
July 7..................................... 40 June 24...................... 37
July 14.................................... 50 June 27...................... 38
July 21.................................... 54 July 4....................... 36
August 3................................... 39 July 12...................... 39
August 21.................................. 44 July 16...................... 38
August 31.................................. 62 July 24...................... 36
[[Page 34662]]
September 15............................... 162 July 30...................... 38
September 27............................... 244 August 6..................... 32
August 9..................... 28
August 13.................... 28
August 20.................... 27
August 27.................... 33
August 30.................... 48
September 5.................. 60
September 19................. 133
September 27................. 177
----------------------------------------------------------------------------------------------------------------
The average daily count of elephant seals at the PGL during the
effective dates of the IHA (June 1 through October 1) was 82.2 in 2019
and 61.5 in 2020. Across both years, the average daily count was 69.1
elephant seals (Goley et al., 2021). A large portion of the elephant
seals present at the PGL are uniquely tagged and dye stamped to
identify individuals, and the same individuals were identified at the
PGL haulout on multiple days.
Table 4--Harbor Seal Census Counts
----------------------------------------------------------------------------------------------------------------
2019 Counts 2020 Counts
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Number of seals Number of seals
Date observed Date observed
----------------------------------------------------------------------------------------------------------------
June 8..................................... 51 June 14...................... 55
June 15.................................... 107 June 27...................... 77
June 23.................................... 81 July 12...................... 90
July 7..................................... 116 July 24...................... 123
July 14.................................... 180 August 9..................... 73
July 21.................................... 123 August 30.................... 36
August 3................................... 105 September 5.................. 38
August 21.................................. 80 September 19................. 51
August 31.................................. 22 September 27................. 53
September 15............................... 22 ............................. .................
September 27............................... 28 ............................. .................
----------------------------------------------------------------------------------------------------------------
The average daily count of harbor seals at the PGL during the
effective dates of the IHA (June 1 through October 1) was 83.2 in 2019
and 66.2 in 2020. Across both years, the average daily count was 75.55
harbor seals (Goley et al., 2021). The harbor seals present at the PGL
are not tagged or otherwise clearly identifiable, but since harbor
seals typically show high philopatry (e.g., Waring et al., 2016; Wood
et al., 2011), researchers from HSU hypothesize that the harbor seal
colony at the PGL is made up of the same individuals that move between
Punta Gorda and other nearby haulouts.
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur and has been authorized.
To estimate the total number of northern elephant seals and harbor
seals that may be present at the PGL and subject to behavioral
disturbance from the PGL stabilization project, the BLM multiplied the
daily count of each species averaged across the two years of census
data (69.1 elephant seals and 75.55 harbor seals) by the maximum days
of work at the PGL (122 days), for a total estimate of 8,431 northern
elephant seals and 9,218 harbor seals taken by Level B harassment. This
estimation assumes that all animals present would exhibit behavioral
responses that are considered take (Levels 2 and 3 as described in
Table 2). As described above, many of the seals present at the PGL are
suspected or confirmed to be present across multiple days. Therefore,
the above estimated take numbers are considered to represent instances
of take, not necessarily the number of individual seals that may be
taken.
California sea lions and Steller sea lions have not been observed
hauled-out at the PGL, but have been observed in the water near the PGL
and at nearby haulouts along the Lost Coast Trail. The BLM assumes that
no more than 5 individual California sea lions and Steller sea lions
may haul-out at the PGL or along the access route and be taken by Level
B harassment.
Table 5--Authorized Take by Level B Harassment by Species and Percentage of Each Stock Affected
----------------------------------------------------------------------------------------------------------------
Authorized
Species Stock take by Level Stock Percent of
B harassment abundance stock
----------------------------------------------------------------------------------------------------------------
Northern elephant seal................ California breeding..... \a\ 8,431 187,386 4.5
[[Page 34663]]
Pacific harbor seal................... California.............. \a\ 9,218 30,968 29.8
California sea lion................... U.S..................... 5 257,606 <0.01
Steller sea lion...................... Eastern U.S............. 5 43,201 0.01
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\a\ The authorized take represents the estimated number of instances of take, which does not necessarily equate
to the number of individuals that may be taken.
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 the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
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, NMFS
considers 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.
The following mitigation measures are required:
The work season has been planned to reduce the level of impact on
elephant and harbor seals. The effective dates of the IHA (June 1, 2022
through October 1, 2022) occurs when the elephant seal population is at
its lowest and any harbor seal pups that may be on site would be old
enough to be self-sufficient if the colony temporarily flushes into the
water. No elephant seal pups will be present during the work season.
Whenever possible, the BLM must utilize the access route that
begins at the Windy Point Trailhead, rather than the route that begins
at the Mattole Campground, as that route requires a longer stretch of
driving on the beach or marine terrace (approximately 5 km (3.1 mi))
where harbor seals are more likely to be hauled-out. The preferred
route from the Windy Point Trailhead requires only 1.25 km (0.78 mi) of
driving on the beach and marine terrace. Utilizing the access route
with the shortest amount of driving on the beach and marine terrace is
expected to reduce the number of marine mammals that may be encountered
and disturbed along the access route and minimize the impact of the
vehicles on marine mammal habitat.
To the extent possible, the BLM must limit the daily number of
vehicle trips between the project area and the contractor's offshore
camp where additional tools and supplies would be stored in trailers or
other storage containers. Additionally, to the extent possible, the BLM
must utilize helicopters to deliver construction equipment to the PGL
work site to reduce the number of vehicle trips that would be necessary
to conduct the planned activities.
While accessing the project site, at least one trained protected
species observer (PSO) must monitor ahead of the vehicle(s) path, using
binoculars if necessary, to detect any marine mammals prior to approach
to determine if mitigation (e.g., change of course, slow down) is
required. Vehicles must not approach within 20 m (65.6 ft) of marine
mammals. If animals remain in the access path with no possible route to
go around and maintain 20 m (65.6 ft) separation, personnel may exit
the vehicle(s) to walk toward animals and intentionally flush them into
the water to allow the vehicle(s) to proceed. To the extent possible,
if multiple vehicles are traveling to the site, they must travel in a
convoy such that animals are not potentially harassed more than once
while the vehicles pass.
A fence must be erected to keep elephant seals from entering the
construction area to limit disturbance and prevent accidental injury
from vehicles and construction debris.
All helicopters associated with the project must slowly approach
the work site and allow all marine mammals present to flush into the
water before setting any hauled materials down on the ground.
The BLM must cease or delay visits to the project site if a species
for which the number of takes that have been authorized for a species
are met, or if a species for which takes were not authorized, is
observed (e.g., northern fur seals (Callorhinus ursinus) or Guadalupe
fur seals (Arctocephalus townsendi)).
The BLM must monitor for offshore predators and must not approach
hauled-out pinnipeds if great white sharks (Carcharodon carcharias) or
killer whales (Orcinus orca) are observed. If the BLM and/or its
designees see pinniped predators in the area, they must not disturb the
pinnipeds until the area is free of predators.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the required mitigation measures provide the means
of effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the
[[Page 34664]]
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 while
conducting the activities. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> 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);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
<bullet> Mitigation and monitoring effectiveness.
Visual Monitoring
At least one NMFS-approved PSO must travel to and from the
construction site ahead of the work crew each day and serve as a lead
monitor to record incidental take. PSOs will consist of BLM wildlife
biologists, biological technicians, and interns, as well as King Range
National Conservation Area staff. At least one PSO must monitor the
beach surrounding the PGL during all construction activities.
PSOs must be approved by NMFS prior to beginning any activity
subject to the IHA. PSOs must have the following qualifications:
<bullet> Ability to conduct field observations and collect data
according to assigned protocols;
<bullet> Experience or training in the field identification of
marine mammals, including the identification of behaviors;
<bullet> Sufficient training, orientation, or experience with the
construction operation to provide for personal safety during
observations;
<bullet> Writing skills sufficient to prepare a report of
observations including but not limited to the number and species of
marine mammals observed; dates and times when construction activities
were conducted; dates, times, and reason for implementation of
mitigation (or why mitigation was not implemented when required); and
marine mammal behavior; and
<bullet> Ability to communicate orally, by radio or in person, with
project personnel to provide real-time information on marine mammals
observed in the area as necessary.
PSOs must record the following information for each day of work:
<bullet> Date, time, and access route of each visit to the work
site;
<bullet> Information on the weather, including tidal state and
estimated horizontal visibility;
<bullet> Composition of marine mammals observed, such as species,
sex, and life history stage (e.g., adult, sub-adult, pup);
<bullet> The numbers (by species) of marine mammals observed during
the activities;
<bullet> Estimated number of marine mammals (by species) that may
have been harassed during the activities;
<bullet> Marine mammal disturbances according to a three-point
scale of intensity (see Table 2);
<bullet> Behavioral responses or modifications of behaviors that
may be attributed to the specific activities, a description of the
specific activities occurring during that time (e.g., pedestrian,
vehicle, or helicopter approach), and any mitigation action taken; and
<bullet> If applicable, note the presence of any offshore predators
(date, time, number, and species) and any mitigation action taken.
Reporting
The BLM must report all observations of marked or tag-bearing
pinnipeds or carcasses and unusual behaviors, distributions, or numbers
of pinnipeds to the NMFS West Coast Regional Office.
A draft marine mammal monitoring report must be submitted to NMFS
within 90 days after the completion of each work season, or 60 days
prior to the requested issuance date of any future IHAs for projects at
the same location, whichever comes first. A final report must be
prepared and submitted within 30 days following resolution of any
comments on the draft report from NMFS. If no comments are received
from NMFS on the draft report, the draft report will be considered the
final report. All draft and final monitoring reports must be submitted
to <a href="/cdn-cgi/l/email-protection#e4b4b6caadb0b4caa98b8a8d908b968d8a83b681948b969097a48a8b8585ca838b92"><span class="__cf_email__" data-cfemail="9fcfcdb1d6cbcfb1d2f0f1f6ebf0edf6f1f8cdfaeff0edebecdff1f0fefeb1f8f0e9">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#236a77730d654c544f4651634d4c42420d444c55"><span class="__cf_email__" data-cfemail="58110c08761e372f343d2a1836373939763f372e">[email protected]</span></a>.
In addition to raw sightings data, the report must include:
<bullet> A summary of the dates, times, site access route, and
weather during all construction activities;
<bullet> The numbers (by species) of marine mammals observed during
the activities, by age and sex, if possible;
<bullet> The estimated number of marine mammals (by species) that
may have been harassed during the activities based on the three-point
disturbance scale (Table 2);
<bullet> Any behavioral responses or modifications of behaviors
that may be attributed to the specific activities (e.g., flushing into
the water, becoming alert and moving, rafting); and
<bullet> A description of the implementation and effectiveness of
the monitoring and mitigation measures of the IHA and full
documentation of methods, results, and interpretation pertaining to all
monitoring.
Reporting Injured or Dead Marine Mammals
In the event that the BLM or any other personnel involved in the
activities discover an injured or dead marine mammal, the BLM must
report the incident to the Office of Protected Resources (OPR)
(<a href="/cdn-cgi/l/email-protection#95c5c7bbdcc1c5bbd8fafbfce1fae7fcfbf2c7f0e5fae7e1e6d5fbfaf4f4bbf2fae3"><span class="__cf_email__" data-cfemail="affffd81e6fbff81e2c0c1c6dbc0ddc6c1c8fdcadfc0dddbdcefc1c0cece81c8c0d9">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#f4bda0a4dab29b83989186b49a9b9595da939b82"><span class="__cf_email__" data-cfemail="3f766b6f11795048535a4d7f51505e5e11585049">[email protected]</span></a>), NMFS (301-
427-8401) and to the West Coast Regional Stranding Coordinator (866-
767-6114) as soon as feasible. If the death or injury was clearly
caused by the specified activity, the BLM must immediately cease the
specified activities until NMFS is able to review the circumstances of
the incident and determine what, if any, additional measures are
appropriate to ensure compliance with the terms of the IHA. The BLM
must not resume their activities until notified by NMFS. The report
must include the following information:
[[Page 34665]]
<bullet> Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and
<bullet> General circumstances under which the animal was
discovered.
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 impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), 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' 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 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).
To avoid repetition, the discussion of our analysis applies to all
the species listed in Table 5, given that the anticipated effects of
this activity on these different marine mammal stocks are expected to
be similar. There is little information about the nature or severity of
the impacts, or the size, status, or structure of any of these species
or stocks that would lead to a different analysis for this activity.
Activities associated with the PGL stabilization project, as described
previously, have the potential to disturb or displace marine mammals.
Specifically, the specified activities may result in take, in the form
of Level B harassment (behavioral disturbance) from in-air sounds and
visual disturbance. Potential takes could occur if individual marine
mammals are present nearby when activity is happening.
No injuries or mortalities are anticipated to occur as a result of
the PGL stabilization project and none are authorized. The risk of
marine mammal injury, serious injury, or mortality associated with the
planned construction project increases somewhat if disturbances occur
during pupping season. These situations present increased potential for
mothers and dependent pups to become separated and, if separated pairs
do not quickly reunite, the risk of mortality to pups (e.g., through
starvation) may increase. Separately, adult male elephant seals may
trample elephant seal pups if disturbed, which could potentially result
in the injury, serious injury, or mortality of the pups. However, the
planned activities will occur outside of the elephant seal pupping
season, therefore no elephant seal pups are expected to be present.
Although the timing of the planned activities partially overlaps with
harbor seal pupping season, the PGL is not a harbor seal rookery and
few pups are anticipated to be encountered during the planned
activities. Harbor seals are very precocious with only a short period
of time in which separation of a mother from a pup could occur. The
planned activities will occur late enough in the pupping season that
any harbor seal pups present will likely be old enough to keep up with
their mother in unlikely event of a stampede or other flushing event.
The required mitigation measures (i.e., minimum separation distance,
slow approaches, and minimizing vehicle trips to the PGL) generally
preclude the possibility of behaviors, such as stampeding, that could
result in extended separation of mothers and dependent pups or
trampling of pups.
Effects on individuals that are taken by Level B harassment, on the
basis of reports in the literature as well as monitoring from other
similar activities, will likely be limited to reactions such as alerts
or movements away from the lighthouse structure, including flushing
into the water. Most likely, individuals will simply move away from the
acoustic or visual stimulus and be temporarily displaced from the
areas.
Monitoring reports from similar activities (e.g., Point Blue
Conservation Science, 2020; University of California Santa Cruz
Partnership for Interdisciplinary Studies of Coastal Oceans, 2021) have
reported no apparently consequential behavioral reactions or long-term
effects on marine mammal populations as noted above. Repeated exposures
of individuals to relatively low levels of sound and visual disturbance
outside of preferred habitat areas are unlikely to significantly
disrupt critical behaviors or result in permanent abandonment of the
haulout site. Thus, even repeated Level B harassment of some small
subset of the overall stock is unlikely to result in any significant
realized decrease in viability for the affected individuals, and thus
would not result in any adverse impact to the stock as a whole. Level B
harassment will be reduced to the level of least practicable adverse
impact through use of mitigation measures described herein and, if
sound and visual disturbance produced by project activities is
sufficiently disturbing, animals are likely to simply avoid the area
while the activity is occurring.
Of the marine mammal species anticipated to occur in the planned
activity areas, none are listed under the ESA and there are no known
areas of biological importance in the project area. Taking into account
the planned mitigation measures, effects to marine mammals are
generally expected to be restricted to short-term changes in behavior
or temporary displacement from haulout sites. The Lost Coast area has
abundant haulout areas for pinnipeds to temporarily relocate, and
marine mammals are expected to return to the area shortly after
activities cease. No adverse effects to prey species are anticipated as
no work would occur in-water, and habitat impacts are limited and
highly localized, consisting of construction work at the existing
lighthouse station and the transit of vehicles and equipment along the
access route. 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 required
mitigation and monitoring measures, NMFS finds that the total marine
mammal take from the BLM's PGL stabilization project will not adversely
affect annual rates of recruitment or survival and, therefore, will
have a negligible impact on the affected species or stocks.
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not
[[Page 34666]]
expected to adversely affect any of the species or stocks through
effects on annual rates of recruitment or survival:
<bullet> No serious injury, mortality, or Level A harassment is
anticipated or authorized;
<bullet> Few pups are expected to be disturbed, and would not be
abandoned or otherwise harmed by other seals flushing from the area;
<bullet> Effects of the activities would be limited to short-term,
localized behavioral changes;
<bullet> Marine mammals are expected to return to normal behavior
during gaps in construction activity such that any behavioral effects
of repeated exposures are not expected to negatively affect survival or
reproductive success of any individuals or stock;
<bullet> Nominal impacts to pinniped habitat are anticipated;
<bullet> No biologically important areas have been identified in
the project area;
<bullet> There is abundant suitable habitat nearby for marine
mammals to temporarily relocate; and
<bullet> Mitigation measures are anticipated to be effective in
minimizing the number and severity of takes by Level B harassment,
which are expected to be of short duration.
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 required monitoring and
mitigation measures, NMFS finds that the total marine mammal take from
the BLM's planned 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 sections 101(a)(5)(A) and (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. When the predicted number of
individuals to be taken is fewer than one-third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
The amount of take NMFS has authorized is below one-third of the
estimated stock abundance of all species (in fact, take of individuals
is less than 5 percent of the abundance of all of the affected stocks
except Pacific harbor seals, see Table 5). This is likely a
conservative estimate because it assumes all takes are of different
individual animals, which is likely not the case. Using tags and dye
stamps, researchers from HSU have identified individual northern
elephant seals across several days of monitoring at the PGL. Although
harbor seals observed at the PGL are not typically tagged or marked,
HSU researchers suggest that the harbor seals seen hauled-out at the
PGL are likely the same individuals that move between Punta Gorda and
other nearby haulouts. Therefore, many individuals that may be taken by
Level B harassment are likely to be the same across consecutive days,
but PSOs would count them as separate takes across days.
Based on the analysis contained herein of the planned activity
(including the required mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS finds that small numbers of
marine mammals would be taken relative to the population size of the
affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species, in this case with the West Coast
Regional Office.
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for this
action.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which we have not identified any extraordinary circumstances that would
preclude this categorical exclusion. Accordingly, NMFS has determined
that the issuance of the IHA qualifies to be categorically excluded
from further NEPA review.
Authorization
As a result of these determinations, NMFS has issued an IHA to the
BLM for conducting the PGL stabilization project in Humboldt County,
California (effective from June 1, 2022 through October 1, 2022), with
the previously discussed mitigation, monitoring, and reporting
requirements incorporated.
Dated: June 2, 2022.
Catherine Marzin,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-12259 Filed 6-6-22; 8:45 am]
BILLING CODE 3510-22-P
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