Home/Federal/Federal Register/2025-13168

Notice2025-13168

Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the U.S. Fish and Wildlife Service, Farallon Islands National Wildlife Refuge's Research, Monitoring, and Management Activities in the South Farallon Islands, Farallon Islands National Wildlife Refuge Off San Francisco, 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

July 15, 2025

Issuing agencies

Commerce DepartmentNational Oceanic and Atmospheric Administration

Abstract

NMFS has received a request from the U.S. Fish and Wildlife Service, Farallon Islands National Wildlife Refuge (USFWS Refuge) for authorization to take marine mammals incidental to research, monitoring, and management activities in the South Farallon Islands, Farallon Islands National Wildlife Refuge off San Francisco, California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-time, 1-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorization and agency responses will be summarized in the final notice of our decision.

Full Text

<html>
<head>
<title>Federal Register, Volume 90 Issue 133 (Tuesday, July 15, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 133 (Tuesday, July 15, 2025)]
[Notices]
[Pages 31609-31624]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-13168]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE960]

Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the U.S. Fish and Wildlife Service,
Farallon Islands National Wildlife Refuge's Research, Monitoring, and
Management Activities in the South Farallon Islands, Farallon Islands
National Wildlife Refuge Off San Francisco, California

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

ACTION: Notice; proposed incidental harassment authorization; request
for comments on proposed authorization and possible renewal.

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

SUMMARY: NMFS has received a request from the U.S. Fish and Wildlife
Service, Farallon Islands National Wildlife Refuge (USFWS Refuge) for
authorization to take marine mammals incidental to research,
monitoring, and management activities in the South Farallon Islands,
Farallon Islands National Wildlife Refuge off San Francisco,
California. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal to issue an incidental
harassment authorization (IHA) to incidentally take marine mammals
during the specified activities. NMFS is also requesting comments on a
possible one-time, 1-year renewal that could be issued under certain
circumstances and if all requirements are met, as described in Request
for Public Comments at the end of this notice. NMFS will consider
public comments prior to making any final decision on the issuance of
the requested MMPA authorization and agency responses will be
summarized in the final notice of our decision.

DATES: Comments and information must be received no later than August
14, 2025.

ADDRESSES: Comments should be addressed to the Permits and Conservation
Division, Office of Protected Resources, National Marine Fisheries
Service and should be submitted via email to <a href="/cdn-cgi/l/email-protection#531a07037d033c273f3c3038133d3c32327d343c25">[email&#160;protected]</a>.
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: https://www.fisheries.noaa.gov/national/marine-mammal-
protection/incidental-take-

[[Page 31610]]

authorizations-research-and-other-activities. In case of problems
accessing these documents, please call the contact listed below.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.

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

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 IHA 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 monitoring and
reporting of the takings. The definitions of all applicable MMPA
statutory terms used above are included in the relevant sections below
and can be found in section 3 of the MMPA (16 U.S.C. 1362) and NMFS
regulations at 50 CFR 216.103.

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 NAO 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 preliminarily determined
that the issuance of the proposed IHA qualifies to be categorically
excluded from further NEPA review.

Summary of Request

On May 23, 2025, NMFS received a request from the USFWS Refuge for
an IHA to take marine mammals incidental to research, monitoring, and
management activities in the South Farallon Islands, Farallon Islands
National Wildlife Refuge off San Francisco, California. Following NMFS'
review of the application, the USFWS Refuge submitted a revised version
on June 16, 2025. The application was deemed adequate and complete on
June 18, 2025. The USFWS Refuge's request is for take of five marine
mammal species by Level B harassment only. Neither the USFWS Refuge,
nor NMFS, expects serious injury or mortality to result from this
activity, therefore, an IHA is appropriate.

Description of Proposed Activity

Overview

The Farallon National Wildlife Refuge consists of several islands
designated into four groups: the North Farallons, the Middle Farallons,
the South Farallon Islands (the largest of the groups), and Noonday
Rock. The North Farallons, Middle Farallons, and Noonday Rock were
originally designated as the Farallon Refuge by President Theodore
Roosevelt in 1909 (Executive Order 1043). In 1969, the South Farallon
Islands were given Refuge-status. Congress further designated all these
islands, except for the Southeast Farallon Island, as the Farallon
Wilderness Area in 1974 (Pub. L. 93-550). More information on the
history and management of the Refuge can be found in the Farallon
National Wildlife Refuge Comprehensive Conservation Plan (USFWS, 2009)
and on its website (<a href="https://www.fws.gov/refuge/farallon-islands/what-we-do">https://www.fws.gov/refuge/farallon-islands/what-we-do</a>).
The USFWS Refuge has proposed several activities at the South
Farallon Island in the Farallon Islands National Wildlife Refuge that
are intrinsically linked to the management of the Refuge and other
natural resource research and monitoring activities, in accordance with
the National Wildlife System Improvement Act of 1997 (Pub. L. 105-57,
111 Stat. 1252; 16 U.S.C. 668dd et seq.). Broadly, activities include
several management actions (i.e., island access and transit to and from
via small motorboat, sailboat, and helicopter; habitat restoration,
facilities upkeep including maintenance, repair, removal, and
construction; and cultural resource upkeep) and research and monitoring
actions (i.e., wildlife (primarily seabirds) and plant research and oil
spill monitoring). Field personnel and boat/helicopter use may
occasionally cause incidental take via behavioral disturbance (Level B
harassment) of pinniped species who reside year-round and haul-out on
the South Farallon Islands.

Dates and Duration

Management and research activities, some of which are typically
performed by Point Blue Conservation Science (Point Blue), typically
occur year-round. However, given a shift in resource allocation, the
USFWS Refuge is assisting Point Blue in some specific monitoring,
research, and management activities. While the USFWS Refuge is
currently planning on activities primarily occurring in the fall/winter
of 2025 to 2026 (September through mid-March), some activities may also
occur in the spring/summer (April through August).
Specifically, most of the seabird research would occur between mid-
March and late August. Any plant surveys are expected to occur in the
springtime (March through April) and in the late summer (mid-August
through September). Any management activities, which includes
construction and maintenance activities for the larger facilities,
would occur between September 1 and March 15 to minimize disturbances
to wildlife. Helicopters and small-motorized boats/sailboats would be
used to transit personnel and supplies on and off the island.
Helicopter use would only be used from

[[Page 31611]]

September 1 through March 15 to avoid the breeding season for most of
the seabirds and pinnipeds located on the island. Currently, any
helicopter use that may be require is planned to occur from October to
March to avoid a late-summer surge in California sea lion presence.
Boat-use is planned for use when it is safe to do so (less likely in
the fall to winter seasons as storms make boat landings dangerous) so
more likely in the spring/summer time but some use in the fall/winter
may be needed.
The proposed IHA would be valid for the statutory maximum of 1 year
from the date of effectiveness, and will become effective upon written
notification from the applicant to NMFS, but not beginning later than 1
year from the date of issuance or extending beyond 2 years from the
date of issuance.

Specific Geographic Region

The Farallon National Wildlife Refuge consists of 211 acres (0.33
square miles (mi\2\)) located near the edge of the continental shelf.
The proposed project would occur within the South Farallon Islands,
which are located approximately 28 miles (mi; 45 kilometers (km))
offshore of San Francisco, California and contain an approximate land
area of 120 acres (0.19 mi\2\) across two islands (Southeast Farallon
Island and West End Island) and several smaller islets. Of all of the
Islands that make up the Refuge, only the Southeast Farallon Islands
are inhabited and contain infrastructure as nearly all of the USFWS
Refuge's work and activities occur on this island. These islands sit
within the Greater Farallones National Marine Sanctuary, which is a
known important habitat for groundfish species (i.e., Farallon Island/
Fanny Shoal area), salmon species (i.e., Chinook (Oncorhynchus
tshawytscha) and Coho (Oncorhynchus kisutch)), and pelagic fish species
(i.e., northern anchovy (Engraulis mordax) and Pacific sardine
(Sardinops sagax)). The Southeast Farallon Island has two landings,
North Landing and East Landing, where pinnipeds are known to haul-out
and reside year-round.
[GRAPHIC] [TIFF OMITTED] TN15JY25.000

Detailed Description of the Specified Activity

Management Activities--Island Access
To access the Southeast Farallon Island, small motorboats/
sailboats, and helicopters are needed. Typically, personnel and cargo/
supplies travel to and from the Southeast Farallon Island by motorboat/
sailboat where they are then transferred to smaller 14 to 20 foot (ft
(4.3 to 6.1 meters (m))) motorboats, which are hoisted by a derrick to
one of two boat landings (i.e., East Landing and North Landing). Boat
landings occur approximately two days per month for supplies and
personnel and typically take between one to three hours. Each boat
landing consists of the launching of the boat with a single operator,
and two to four other personnel assisting with the operations from
land. Loading activities at North Landing occur at the water level
during the intertidal phase and activities at the East Landing (the
primary landing site) occur using a loading platform raised 30 ft (9.1
m) over the water.
However, given resource allocation constraints, the Southeast
Farallon Island, which is normally inhabited year-round (and has been
for several decades), will likely be vacant for most of the fall-winter
period, starting in the fall of 2025. Because of this (as well as
stormy weather during the fall/winter time-of-year), boat landings
become more difficult and dangerous to the field personnel. When the
island's support

[[Page 31612]]

staff is not present, helicopters become the primary approach to
transport staff and supplies/cargo on and off the Southeast Farallon
Island. On the Southeast Farallon Island, helicopters are only allowed
to land at the helipad from September 1 through March 15 annually, upon
receiving appropriate authorization from the USFWS Refuge. For the rest
of the year, there is a closure prohibiting helicopter usage. This is
to protect sensitive wildlife during their breeding seasons.
To reduce impacts to marine mammals, the USFWS Refuge has developed
a flight plan for the helicopter for landings and departures to both
minimize impacts to wildlife and to maximize aircraft and crew safety.
Generally, most of pinniped habitat is located away from the flight
path, with exception of Mussel Flat, which lies near the southwestern
flight path and cannot by avoided by USFWS Refuge staff (see figure 2).
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TN15JY25.001

BILLING CODE 3510-22-C
The harassment of marine mammals is likely to occur given the
presence of people and use of boats and helicopters (inclusive of
presence and noise). Additionally, some California sea lions are known
to haul-out near and on the helipad and may require hazing to safely
relocate them. Hazing would occur according to section 109(h) of the
MMPA, which exempts taking of marine mammals by government officials as
part of official duties, including for the protection or welfare of
marine mammals as in this case, from the MMPA's prohibition on
unauthorized take of marine mammals. Takes of marine mammals resulting
from hazing activities are not included in the incidental take proposed
for authorization here and hazing is not discussed further.
Management Activities--Habitat Restoration
Habitat restoration activities would consist of controlling non-
native and invasive vegetation, which have been determined to be
detrimental to nesting seabirds and other native vegetation. This
invasive vegetation blocks the access to existing and potential seabird
burrow breeding sites and competes with species and resources for
native vegetation, such as Lasthenia maritima, which is used by
surface-nesting seabirds for nesting materials. Other activities
consist of the maintenance of artificial habitats that have been
specifically constructed for seabirds. Two of these structures provide
habitat for seabirds that nest in crevices while another structure
provides a barrier against disturbance for seabirds. Two of these
artificial habitat structures are located adjacent to the haul-out
locations for California sea lions and Steller sea lions. The
maintenance needed for these structures is sparse and only necessary
every few years.
Other restoration activities may consist of the use or removal of
excessive materials, such as older plumbing, electrical conduits,
lumber, and other infrastructure materials, which are located
throughout Southeast Farallon Island (primarily on the east and south
sides of the island). If materials were reused, they would be used for
artificial seabird nesting habitat

[[Page 31613]]

creation in the upland areas away from the pinniped haul-out areas and
habitat. If materials are removed, they would be removed by boat or
helicopter (for more bulky/larger materials), which may necessitate
hovering for a short period of time while the cargo is loaded or
unloaded.
For all of these activities, marine mammals would likely be
harassed behaviorally from the presence of humans collecting and
transferring the materials and performing the activities and from the
use of boats/helicopters to remove the materials. USFWS Refuge
estimates approximately one to three days would be needed to remove
excess material by either boat or helicopter during any effective
period of the proposed project.
Management Activities--Facilities Maintenance, Repair, Removal, and
Construction
On the Southeast Farallon Island, many aging structures from the
19th and mid-20th centuries still exist and may require work to remove,
maintain, repair, or construct structures. The USFWS Refuge has
developed a plan to downsize the infrastructure footprint on the
Southeast Farallon Island, which involves removing potentially
hazardous structures. Specifically, this will consist of a large
demolition and construction project starting in September 2025 where a
large water storage cistern on the east side of the Southeast Farallon
Island would be dismantled and a new water catchment tank would be
installed. Other major activities include the North Landing Boathouse
roof and siding being replaced and necessary modifications being made
to the houses, Powerhouse, and North Landing Boathouse to protect
against vandalism and storms. This larger project is expected to take
approximately one to two months and may occur either over a continuous
period or intermittently in non-consecutive phases. The work needed and
schedule are highly dependent on the contractor's ability to mobilize
and the weather. Additionally, other repairs and activities would
occur, including repairs and maintenance to the roofs of houses, the
East Landing and North Landing derricks, the photovoltaic system at the
Powerhouse, and the septic system. All major work would be expected to
occur between September 1 through March 15 to minimize any disturbances
to sensitive wildlife, including breeding seabirds and pupping
pinnipeds.
Crews and supplies would arrive at the island mainly by helicopter
with some boat support when safe to do so. Any cargo brought over would
be delivered to the worksites via wheelbarrows and carts along pre-
designated paths. Details on the helicopter and boat transports can be
reviewed in the section above.
Marine mammals are expected to be behaviorally harassed via the use
presence of humans, boats, and helicopters, and by the noise of the
rotors and motors of the helicopters and boats. The presence of cargo
and the construction noise (i.e., not greater than mechanical tools,
hammering, etc.) may also cause harassment not expected to rise to a
level exceeding behavioral harassment.
Management Activities--Cultural Resources
Proposed activities undertaken for the preservation and evaluation
of cultural resources may be necessary by USFWS Refuge staff or
assisting archaeologists. While Refuge policy specifically does not
allow for the removal or destruction of any evaluated historical
elements, some elements may need to be repaired or modified. For these
activities, staff would need to continue to evaluate, remove, or reuse
remnants of abandoned infrastructure (most of which was removed after
1969). Generally, these elements are located in the more upland areas
of the Southeast Farallon Island, away from the intertidal and pinniped
haul-out/pupping areas. However, the behavioral harassment of marine
mammals may still occur due to human presence in and around hauled-out
pinnipeds.
Research and Monitoring Activities--Wildlife (Bird) and Plant Research
A familiar activity on the Southeast Farallon Island, wildlife
research and monitoring has been conducted for decades to examine and
understand the life histories, populations, diet, productivity, and
other ecological aspects of wildlife in the Farallon National Wildlife
Refuge. To date, most of the work has been performed by Point Blue, who
are currently covered for take incidental to some of these activities
on the Southeast Farallon Island under a rulemaking and LOA (86 FR
27991, May 25, 2021). However, given changes to the allocation of
resources, Point Blue may be reducing their presence on the Southeast
Farallon Island for the fall/winter period and the USFWS Refuge will be
taking over some of these responsibilities. Additionally, this provides
the USFWS Refuge with the opportunity to implement their recently
completed plant monitoring protocol.
The USFWS Refuge plans to take over some of the seabird research
activities Point Blue originally was performing. These activities
include observational and marking (i.e., netting and banding for
capture-mark-recapture) studies of breeding seabirds. While some of
these activities occur inland, others will require field personnel to
travel to the shoreline where marine mammals could be present to
conduct observational seabird research. Observational research will
occur using an observation blind or censusing shorebirds and typically
involves one to two observers. Any shoreline visits are typically brief
(approximately 15 minutes in duration) during the fall/winter. In the
spring/summer, seabird observers are typically present for two to five
hours daily at the North Landing location to conduct observational
studies on breeding Common Murres (Uria aalge). Seabird research
activities typically require occasional visits to the island, currently
estimated as a single three-day visit each month from September to
February (an estimated total of 18 days).
Other activities on the Southeast Farallon Island include plant
monitoring where one to three personnel would travel to different plots
around the uplands of the island. These activities are expected to
occur primarily between mid-March and early April over seven days.
For these activities, pinnipeds would likely be behaviorally
harassed by the presence of field personnel more than any of the
activities themselves. Most of the seabird and plant surveys would
occur in areas away from the coastal haul-out sites; however, some
surveys may necessitate that field personnel travel to areas where
pinnipeds are located.
Proposed mitigation, monitoring, and reporting measures are
described in detail further on in this document (please see Proposed
Mitigation and Proposed Monitoring and Reporting).

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, instead of reprinting the information. Additional
information regarding population trends and threats may be found in
NMFS' Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and
more general information about these species (e.g., physical and

[[Page 31614]]

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
proposed to be authorized for this activity 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 proposed
to be authorized here, PBR and annual serious injury and mortality (M/
SI) from anthropogenic sources are included here as gross indicators of
the status of the species or stocks 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' Pacific and Alaska SARs (90 FR 13344, March 21, 2025). All values
presented in table 1 are the most recent available at the time of
publication (including from the draft 2024 SARs) and are available
online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.

Table 1--Species \a\ With Estimated Take From the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
ESA/ MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\b\ abundance survey) \c\ SI \d\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Otariidae (eared seals and
sea lions):
California sea lion............. Zalophus californianus. U.S................... -, -, N 257,606 (n/a; 233,515; 14,011 >=321
2014).
Steller sea lion................ Eumetopias jubatus..... Eastern U.S........... -, -, N 36,308 \e\ (n/a; 2,178 92.3
36,308; 2022). (U.S. (U.S.
only) only)
Northern fur seal............... Callorhinus ursinus.... California............ -/D; Y 19,634 (n/a; 8,788; 527 >=1.2
2022).
Family Phocidae (earless seals):
Harbor seal..................... Phoca vitulina......... California............ -, -, N 30,968 (n/a; 27,348; 1,641 43
2012).
Northern elephant seal.......... Mirounga angustirostris California Breeding... -, -, N 194,907 (n/a; 88,794; 5,328 11.2
2023).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(<a href="https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/</a>).
\b\ 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.
\c\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\d\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (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.
\e\ Nest is best estimate of counts, which have not been corrected for animals at sea during abundance surveys.

As indicated above, all five species (with five managed stocks) in
table 1 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur. While Guadalupe fur
seals (Arctocephalus townsendi) have been reported in the area, their
occurrence is considered extremely rare in that the temporal and/or
spatial occurrence of these species is such that take is not expected
to occur, and they are not discussed further beyond the explanation
provided here. Additionally, California (southern) sea otters (Enhydra
lutris nereis) may be found in the Greater Farallones National Marine
Sanctuary (see <a href="https://farallones.org/sanctuary-wildlife/marine-mammals/">https://farallones.org/sanctuary-wildlife/marine-mammals/</a>), and possibly nearshore to the South Farallon Island.
However, this species is managed by the U.S. Fish and Wildlife Service
(see <a href="https://www.fws.gov/species/southern-sea-otter-enhydra-lutris-nereis">https://www.fws.gov/species/southern-sea-otter-enhydra-lutris-nereis</a>) and therefore not discussed further in this document.
For more details on the species that are likely to occur near the
project area and may be taken by the USFWS Refuge's proposed
activities, see the USFWS Refuge's IHA application, the SARs, and NMFS'
website.

California Sea Lions

California sea lion breeding areas are on islands located in
southern California, in western Baja California, Mexico, and the Gulf
of California. Rookery sites in southern California are limited to the
San Miguel Islands and the southerly Channel Islands of San Nicolas,
Santa Barbara, and San Clemente (Carretta et al., 2017). Males
establish breeding territories during May through July on both land and
in the water. Females come ashore in mid-May and June where they give
birth to a single pup approximately four to five days after arrival and
will nurse pups for about a week before going on their first feeding
trip. Postpartum females will alternate feeding trips with nursing
bouts until the pup is weaned between four and ten months of age (Melin
et al., 2000).
Adult and juvenile males will migrate as far north as British
Columbia, Canada while females and pups remain in southern California
waters in the non-breeding season. In warm water (El Ni[ntilde]o)
years, some females are found as far north as Washington and Oregon,
presumably following prey. On the Farallon Islands, California sea
lions haul out in many intertidal areas year round, fluctuating from
several hundred to several thousand animals.
Elevated numbers of strandings of California sea lion pups occurred
in Southern California beginning in January 2013, and NMFS declared an
Unusual Mortality Event (UME). The

[[Page 31615]]

UME was confined to pup and yearling California sea lions, many of
which were emaciated, dehydrated, and underweight for their age. A
change in the availability of sea lion prey, especially sardines, a
high value food source for nursing mothers, was a likely contributor to
the large number of strandings. Sardine spawning grounds shifted
further offshore in 2012 and 2013, and, while other prey were available
(market squid and rockfish), these may not have provided adequate
nutrition in the milk of sea lion mothers supporting pups, or for
newly-weaned pups foraging on their own. Although the pups showed signs
of some viruses and infections, findings indicated that this event was
not caused by disease, but rather by the lack of high quality, close-by
food sources for nursing mothers. Current evidence does not indicate
that this UME was caused by a single infectious agent, though a variety
of disease-causing bacteria and viruses were found in samples from sea
lion pups. Investigating and identifying the cause of this UME was a
true public-private effort with many collaborators. The investigative
team examined multiple potential explanations for the high numbers of
malnourished California sea lion pups observed on the island rookeries
and stranded on the mainland in 2013. Per the NMFS website, ``the UME
was attributed to malnutrition in juvenile sea lions due to ecological
factors causing prey shifts. These prey shifts were most likely driven
by unusual oceanographic conditions at the time due to the ``Warm Water
Blob'' and El Ni[ntilde]o.'' The UME was closed in 2016. For more
information, see <a href="https://www.fisheries.noaa.gov/national/marine-life-distress/2013-2017-california-sea-lion-unusual-mortality-event-california">https://www.fisheries.noaa.gov/national/marine-life-distress/2013-2017-california-sea-lion-unusual-mortality-event-california</a>.

Harbor Seals

Pacific harbor seals inhabit near-shore coastal and estuarine areas
from Baja California, Mexico, to the Pribilof Islands in Alaska. They
are divided into two subspecies: P. v. stejnegeri in the western North
Pacific, near Japan, and P. v. richardii in the northeast Pacific
Ocean. The latter subspecies occurs along the California coast. The
California stock of harbor seals ranges from Mexico to the Oregon-
California border. In California, 400 to 600 harbor seal haul-out sites
are widely distributed along the mainland and offshore islands, and
include rocky shores, beaches and intertidal sandbars (Hanan, 1996;
Lowry et al., 2008; Carretta et al., 2024).
Harbor seals mate at sea, and females give birth during the spring
and summer, although the pupping season varies with latitude. Pups are
nursed for an average of 24 days and are ready to swim minutes after
being born. Harbor seal pupping takes place at many locations, and
rookery size varies from a few pups to many hundreds of pups. Pupping
generally occurs between March and June, and molting occurs between May
and July.
On the Farallon Islands, approximately 40 to 120 Pacific harbor
seals haul out in the intertidal areas (Point Blue, unpublished data).

Northern Elephant Seals

Northern elephant seals range in the eastern and central North
Pacific Ocean, from as far north as Alaska to as far south as Mexico.
Northern elephant seals spend much of the year, generally about nine
months, in the ocean. They are usually underwater, diving to depths of
about 1,000 to 2,500 ft (330 to 800 m) for 20- to 30-minute intervals
with only short breaks at the surface. They are rarely seen out at sea
for this reason. While on land, they prefer sandy beaches.
The northern elephant seal breeding population is distributed from
central Baja California, Mexico to the Point Reyes Peninsula in
northern California. Along this coastline, there are 13 major breeding
colonies. Northern elephant seals breed and give birth primarily on
offshore islands (Stewart et al., 1994), from December to March
(Stewart and Huber, 1993). Males feed near the eastern Aleutian Islands
and in the Gulf of Alaska, and females feed farther south, south of
45[deg] N (Stewart and Huber, 1993; Le Boeuf et al., 1993).
In mid-December, adult males begin arriving at rookeries, closely
followed by pregnant females on the verge of giving birth. Females give
birth to a single pup, generally in late December or January (Le Boeuf
and Laws, 1994) and nurse their pups for approximately four weeks
(Reiter et al., 1991). Upon pup weaning, females mate with an adult
male and then depart the islands. The last adult breeders depart the
islands in mid-March. The spring peak of elephant seals on the rookery
occurs in April, when females and immature seals (approximately one to
four years old) arrive at the colony to molt (a one-month process)
(USFWS, 2013). The year's new pups remain on the island throughout both
of these peaks, generally leaving by the end of April (USFWS, 2013).
The lowest numbers of elephant seals present at rookeries occurs during
June, July, and August, when sub-adult and adult males molt. Another
peak number of young seals returns to the rookery for a haul-out period
in October, and at that time, some individuals undergo partial molt (Le
Boeuf and Laws, 1994).
Northern elephant seals are present on the islands and in the
waters surrounding the South Farallones year-round for either breeding
or molting; however, they are more abundant during breeding and peak
molting seasons (Le Boeuf and Laws, 1994; Sydeman and Allen, 1999).
Northern elephant seals began recolonizing the South Farallon Islands
in the early 1970s (Stewart et al., 1994) at which time the colony grew
rapidly. Point Blue's average monthly counts of elephant seals at the
South Farallon Islands from 2000 to 2009 ranged from 20 individuals in
July to nearly 500 individuals in November (USFWS, 2013).

Steller Sea Lions

Steller sea lions consist of two distinct population segments
(DPSs): The western and eastern DPSs divided at 144[deg] W longitude
(Cape Suckling, Alaska). The western segment of Steller sea lions
inhabits central and western Gulf of Alaska, Aleutian Islands, as well
as coastal waters, and breed in Asia (e.g., Japan and Russia) (Young et
al., 2024). The eastern DPS includes animals born east of Cape
Suckling, AK (144[deg] W), and includes sea lions living in southeast
Alaska, British Columbia, Washington, Oregon, and California (Young et
al., 2024).
Despite the wide-ranging movements of juveniles and adult males in
particular, exchange between rookeries by breeding adult females and
males (other than between adjoining rookeries) appears low, although
males have a higher tendency to disperse than females (National Marine
Mammal Laboratory, 1995; Trujillo et al., 2004; Hoffman et al., 2006).
While historically breeding at rookeries located in Southeast Alaska,
British Columbia (Canada), Oregon, and California, a new rookery has
been established on the outer Washington coast at the Carroll Island
and Sea Lion Rock complex (Stocking and Wiles, 2021). This northward
shift in the overall breeding distribution has occurred, with a
contraction of the range in southern California and new rookeries
established in southeastern Alaska (Hastings et al., 2017).
An estimated 50 to 150 Steller sea lions are located along the
Farallon Islands (Point Blue, unpublished data). Overall, counts of
non-pups at trend sites in California and Oregon have been relatively
stable or increasing slowly

[[Page 31616]]

since the 1980s (Muto et al., 2017). The South Farallon Island is one
of two breeding colonies at the southern end of the Steller sea lion's
range.

Northern Fur Seals

The northern fur seal is endemic to the North Pacific Ocean and
Bering Sea. Breeding rookeries extend from the Sakhalin Island in the
Sea of Okhotsk, Commander Islands, Pribilof, and Aleutian Islands in
the Bering Sea, and the Farallon and San Miguel Islands off California
(Gelatt and Gentry, 2018). Two stocks are recognized in U.S. waters:
the Eastern North Pacific and the California stocks. The Eastern North
Pacific stock ranges from southern California during winter to the
Pribilof Islands and Bogoslof Island in the Bering Sea during summer
(Muto et al., 2018). The California stock originated with immigrants
from the Pribilof Islands and Russian populations that recolonized San
Miguel Island during the late 1950s or early 1960s after northern fur
seals were extirpated from California in the 1700s and 1800s (NMFS,
2025). Most northern fur seals at Point Blue research sites are
expected to be from the California stock, though some may be from the
Eastern North Pacific stock, as adult females and pups from the
Pribilof Islands move through the Aleutian Islands into waters off
Oregon and California (Muto et al., 2019).
The northern fur seal spends a significant amount of its time at
sea, typically in areas of upwelling along the continental slopes, in
sea valleys and submarine canyons and over seamounts where it
undertakes opportunistic foraging activities (Kajimura, 1981). The
remainder of its life is spent on or near rookery islands or haul-outs.
While at sea, northern fur seals usually occur singly or in pairs,
although larger groups can form in waters rich with prey (Antonelis and
Fiscus, 1980; Kajimura, 1981). Northern fur seals dive to relatively
shallow depths to feed: 100 to 200 m (328.1 to 656.2 ft) for females,
and <400 m (<1,313.34 ft) for males (Geobel et al., 1991; Sterling and
Ream, 2004). Tagged adult female fur seals were shown to remain within
200 km (124.3 mi) of the shelf break (Pelland et al., 2014).
Northern fur seals likely numbered in excess of 100,000 animals at
the Farallon Islands before being locally extirpated by sealers in the
1800's (Pyle et al., 2001). After more than a 150-year absence,
northern fur seals recolonized the Farallon Islands in the 1970's and
the first confirmed pup was born in 1996 (Pyle et al., 2001). The
Farallon Islands continue to be a breeding site for northern fur seals,
with over 1,000 pups born each season (Point Blue, unpublished data).
Fur seals in the Farallon Islands typically begin pupping in mid-July
with peak population and pup production in late August to early
September. A study by Lee et al. (2018) found that three colonies of
northern fur seals (i.e., South Farallon, San Miguel, and Bogoslof) are
all experiencing population growth at levels of 34 percent, 45 percent,
and 59 percent, respectively, but were also all growing at rates
determined to be the fastest for fur seals worldwide.

Potential Effects of Specified Activities on Marine Mammals and Their
Habitat

This section provides a discussion of the ways in which components
of the specified activity may impact marine mammals and their habitat.
The Estimated Take of Marine Mammals 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
and Determination section considers the content of this section, the
Estimated Take of Marine Mammals section, and the Proposed Mitigation
section, to draw conclusions regarding the likely impacts of these
activities on the reproductive success or survivorship of individuals
and 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.

Presence of Humans

Visual and acoustic stimuli generated by the appearance of field
personnel and motorboat/helicopter operations may have the potential to
cause Level B harassment of pinnipeds hauled out on the South Farallon
Islands. This section includes a summary and discussion of the ways
that the types of stressors associated with the specified activity
(e.g., personnel presence and motorboats/helicopters) have been
observed to impact marine mammals. This discussion may also include
reactions that we consider to rise to the level of a take and those
that we do not consider to rise to the level of a take. This section
provides background information on potential effects of these
activities. For a discussion of the manner in which the mitigation
measures will be implemented, and how the mitigation measures will
shape the anticipated impacts from this specific activity, see the
Proposed Mitigation section below.
Reactions to human presence, if any, depend on species, state of
maturity, experience, current activity, reproductive state, time of
day, and many other factors (Richardson et al., 1995; Southall et al.,
2007; Weilgart 2007). These behavioral reactions from marine mammals
are often shown as: changing durations of surfacing and dives, number
of blows per surfacing, or moving direction and/or speed; reduced/
increased vocal activities; changing/cessation of certain behavioral
activities (such as socializing or feeding); visible startle responses
or aggressive behavior; avoidance of areas; and/or flight responses
(e.g., pinnipeds flushing into the water from haul-outs or rookeries).
If a marine mammal does react briefly to human presence by changing its
behavior or moving a small distance, the impacts of the change are
unlikely to be significant to the individual, let alone the stock or
population. However, if visual stimuli from human presence displaces
marine mammals from an important feeding or breeding area for a
prolonged period, impacts on individuals and populations could be
significant (e.g., Lusseau and Bejder 2007; Weilgart, 2007). Numerous
studies have shown that human activity can flush harbor seals off haul-
out sites (Allen et al., 1985; Suryan and Harvey, 1999; Ruiz-Mar et
al., 2022; Bankhead et al., 2023). The Hawaiian monk seal (Neomonachus
schauinslandi) has been shown to avoid beaches that have been disturbed
often by humans (Kenyon, 1972; Gerrodette and Gilmartin, 1990). In one
case, human disturbance appeared to cause Steller sea lions to desert a
breeding area at Northeast Point on St. Paul Island, Alaska (Kenyon,
1962), a behavior demonstrated at other locations as well (Kucey, 2005;
Chayahara et al., 2024).
The appearance of field personnel may have the potential to cause
Level B harassment of any pinnipeds hauled out at research sites.
Disturbance may result in reactions ranging from an animal simply
becoming alert to the presence of field personnel (e.g., turning the
head, assuming a more upright posture) to flushing from the haul-out
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 flee some distance or change the
speed or direction of their movement in response to the presence of
field personnel are behaviorally harassed, and thus subject to the
taking by Level B harassment. Animals that respond to the presence of
field 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.

[[Page 31617]]

Use of Motorboats and Helicopters

The USFWS Refuge has indicated that they may require the use of
small waterborne vessels (i.e., small motorboats and sailboats) to
deliver both personnel and supplies to and from the South Farallon
Islands. Previous studies have been performed where the results
demonstrate that pinnipeds generally return to their sites and do not
permanently abandon haul-out sites after exposure to motorboats
(discussed further below for Henry and Hammil (2001) and Johnson and
Acevedo-Gutierrez (2007)).
In 1997, Henry and Hammil (2001) conducted a study to measure the
impacts of small boats (i.e., kayaks, canoes, motorboats and sailboats)
on harbor seal haul-out behavior in Metis Bay, Quebec, Canada. During
that study, the authors noted that the most frequent disturbances
(n=73) were caused by lower speed, lingering kayaks, and canoes (33.3
percent) as opposed to motorboats (27.8 percent) conducting high-speed
passes. The seal's flight reactions could be linked to a surprise
factor by kayaks and canoes, which approach slowly, quietly, and low on
the water making them look like predators. However, the authors note
that, once the animals were disturbed, there did not appear to be any
significant lingering effect on the recovery of numbers to their pre-
disturbance levels. In conclusion, the study showed that boat traffic
at current levels had only a temporary effect on the haul-out behavior
of harbor seals in the Metis Bay area.
In 2004, Acevedo-Gutierrez and Johnson (2007) evaluated the
efficacy of buffer zones for watercraft around harbor seal haul-out
sites on Yellow Island, Washington. The authors estimated the minimum
distance between the vessels and the haul-out sites, categorized the
vessel types, and evaluated seal responses to the disturbances. During
the course of the seven-weekend study, the authors recorded 14 human-
related disturbances that were associated with stopped powerboats and
kayaks. During these events, hauled out seals became noticeably active
and moved into the water. The flushing occurred when stopped kayaks and
powerboats were at distances as far as 453 and 1,217 ft (138 and 371 m)
away, respectively. The authors note that the seals were unaffected by
passing powerboats, even those approaching as close as 128 ft (39 m),
possibly indicating that the animals had become tolerant of the brief
presence of the vessels and ignored them. The authors reported that, on
average, the seals quickly recovered from the disturbances and returned
to the haul-out site in less than or equal to 60 minutes. Seal numbers
did not return to pre-disturbance levels within 180 minutes of the
disturbance less than one quarter of the time observed. The study
concluded that the return of seal numbers to pre-disturbance levels and
the relatively regular seasonal cycle in abundance throughout the area
counter the idea that disturbances from powerboats may result in site
abandonment (Johnson and Acevedo-Gutierrez, 2007).
The potential for striking marine mammals is a concern with vessel
traffic. Typically, the reasons for vessel strikes are fast transit
speeds, lack of maneuverability, or not seeing the animal because the
boat is so large. USFWS Refuge's staff and field personnel will access
areas at slow transit speeds in small boats that are easily
maneuverable, minimizing any chance of any accidental strikes.
Related to helicopters, Efoymson et al. (2001) noted that the key
stressor for low-altitude overflights of military aircraft is primarily
due to sound, however the visual and physical (i.e., the aircraft
itself) stimuli could also act as a stressors. Animals (including
pinnipeds) have previously demonstrated mixed reactions, likely driven
by importance of habitat and site use, habitation, and proximity to the
helicopter/aircraft (either due to the visual and/or acoustic stimulus)
(Anderson, 2007). At Phoca Reef on San Nicolas Island, California,
harbor seals displayed no behavioral reaction to the presence of a
helicopter within audible range (U.S. Navy, 2020). Richardson et al.
(1995) documents several behavioral reactions of marine mammals to
aircraft (see section 9.2). Generally, the findings indicate that
aircraft overflights traversing at low altitudes can cause behavioral
reactions (i.e., alert, startle, rapid movement responses) in harbor
seals that are hauled out, causing them to escape to the water. Similar
behaviors have been noted for ringed seals (Phoca hispida) and bearded
seals (Erignathus barbatus) (although with somewhat of mixed responses
where not all animals went into the water), northern sea lions, and
northern fur seals (Richardson et al., 1995, Born et al., 1998).
Northern elephant seals and California sea lions on San Miguel Island
in California were noted as less responsive than harbor seals. Highly
dependent on the hovering altitude of the helicopter, behaviors ranging
from alerting reactions to head raising to flushing to the water were
elicited from Northern elephant seals and California sea lions
(Richardson et al., 1995). These sudden movements and panicked
responses have been known to lead to death/injury by trampling or
separation of pups from mothers. In Richardson et al. (1995),
helicopters are acknowledged as causing more disturbance than fixed-
wing aircraft, likely given the lower altitudes the helicopters can
travel and the sound emitting from the rotor.

Avoidance

Avoidance is the displacement of an individual from an area or
migration path as a result of the presence of a sound or other
stressors, and is one of the most obvious manifestations of disturbance
in marine mammals (Richardson et al., 1995). Avoidance is qualitatively
different from the flight response, but also differs in the magnitude
of the response (i.e., directed movement, rate of travel, etc.). Often
avoidance is temporary, and animals return to the area once the noise
has ceased. Acute avoidance responses have been observed in captive
porpoises and pinnipeds exposed to a number of different sound sources
(Kastelein et al., 2001; Finneran et al., 2003; Kastelein et al.,
2006a; Kastelein et al., 2006b; Kastelein et al., 2015a; Kastelein et
al., 2015b; Kastelein et al., 2018). Short-term avoidance of seismic
surveys, low frequency emissions, and acoustic deterrents have also
been noted in wild populations of odontocetes (Bowles et al., 1994;
Goold, 1996; Goold and Fish, 1998; Morton and Symonds, 2002; Hiley et
al., 2021) and to some extent in mysticetes (Malme et al., 1984;
McCauley et al., 2000; Gailey et al., 2007). Longer-term displacement
is possible, however, which may lead to changes in abundance or
distribution patterns of the affected species in the affected region if
habituation to the presence of the sound does not occur (e.g.,
Blackwell et al., 2004; Bejder et al., 2006; Teilmann et al., 2006).
While NMFS acknowledges that most research and literature cited here is
related to cetaceans, who are not expected to be harassed or taken by
USFWS Refuge's specified activities, we include these to provide
context as pinnipeds behaviorally react in a similar manner when
expected to an external stimulus (e.g., human presence, noise, etc.)
when onshore or in the water.
While NMFS expects that hauled out pinnipeds may avoid the USFWS
Refuge field personnel and/or motorboats/helicopter, we do not expect
that these effects will be more than temporary. The pinnipeds on the
South Farallon Islands have high site fidelity; any external stimuli
would be fleeting, and easily avoidable, meaning that the

[[Page 31618]]

pinnipeds, if performing avoidance behaviors during activities, would
be able to resume their original behaviors once the stimulus has ended.

Flight Response

A flight response is a dramatic change in normal movement to a
directed and rapid movement away from the perceived location of a sound
source. The flight response differs from other avoidance responses in
the intensity of the response (e.g., directed movement, rate of
travel). Relatively little information on flight responses of marine
mammals to anthropogenic signals exist, although observations of flight
responses to the presence of predators have occurred (Connor and
Heithaus, 1996). The result of a flight response could range from
brief, temporary exertion and displacement from the area where the
signal provokes flight to, in extreme cases, marine mammal strandings
(Evans and England, 2001). There are limited data on flight response
for marine mammals in water; however, there are examples of this
response in species on land. For instance, the probability of flight
responses in Dall's sheep (Ovis dalli dalli) (Frid, 2003), hauled out
ringed seals (Phoca hispida) (Born et al., 1999), Pacific brant (Branta
bernicla nigricans), and Canada geese (B. canadensis) increased as a
helicopter or fixed-wing aircraft more directly approached groups of
these animals (Ward et al., 1999). However, it should be noted that
response to a perceived predator does not necessarily invoke flight
(Ford and Reeves, 2008), and whether individuals are solitary or in
groups may influence the response.
Behavioral disturbance can also impact marine mammals in more
subtle ways. Increased vigilance may result in costs related to
diversion of focus and attention (i.e., when a response consists of
increased vigilance, it may come at the cost of decreased attention to
other critical behaviors such as foraging or resting). These effects
have generally not been observed in marine mammals, but studies
involving fish and terrestrial animals have shown that increased
vigilance may substantially reduce feeding rates and efficiency (e.g.,
Beauchamp and Livoreil, 1997; Fritz et al., 2002; Purser and Radford,
2011). In addition, chronic disturbance can cause population declines
through reduction of fitness (e.g., decline in body condition) and
subsequent reduction in reproductive success, survival, or both (e.g.,
Harrington and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998).
Many animals perform vital functions, such as feeding, resting,
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption
of such functions resulting from reactions to stressors such as sound
exposure are more likely to be significant if they last more than one
diel cycle or recur on subsequent days (Southall et al., 2007).
Consequently, a behavioral response lasting less than one day and not
recurring on subsequent days is not considered particularly severe
unless it could directly affect reproduction or survival (Southall et
al., 2007). Note that there is a difference between multi-day
substantive behavioral reactions and multi-day anthropogenic
activities. For example, just because an activity lasts for multiple
days does not necessarily mean that individual animals are either
exposed to activity-related stressors for multiple days or, further,
exposed in a manner resulting in sustained multi-day substantive
behavioral responses.
There are other ways in which disturbance, as described previously,
could result in more than Level B harassment of marine mammals. They
are most likely to be consequences of stampeding (which is typically a
response to startle and/or avoidance behaviors), a potentially
dangerous occurrence in which large numbers of animals succumb to mass
panic and rush away from a stimulus. These situations are: (1)
pinnipeds falling when entering the water at high-relief locations; (2)
extended separation of mothers and pups; and (3) crushing of pups by
larger animals during a stampede. However, NMFS does not expect any of
these scenarios to occur at the South Farallon Islands. As stated,
there is the risk of injury if animals stampede towards shorelines with
precipitous relief (e.g., cliffs); however, field personnel will take
precautions, such as moving slowly and staying close to the ground, to
ensure that any flushes do not result in a stampede of pinnipeds
heading to the sea. Per previous actions with Point Blue, another
organization that performs research activities on the South Farallon
Islands, reports that stampedes have been extremely rare at their
survey locations in the past. Furthermore, no research activities would
occur at or near pinniped rookeries. Breeding animals are concentrated
in areas where field personnel would not visit, so NMFS does not expect
mother and pup separation or crushing of pups during flushing. If pups
should be present at any USFWS Refuge research sites, field personnel
will avoid visiting that particular site.

Habituation

Habituation can occur when an animal's response to a stimulus wanes
with repeated exposure, usually in the absence of unpleasant associated
events (Wartzok et al., 2003). Animals are most likely to habituate to
sounds that are predictable and unvarying. It is important to note that
habituation is appropriately considered as a ``progressive reduction in
response to stimuli that are perceived as neither aversive nor
beneficial,'' rather than as, more generally, moderation in response to
human disturbance (Bejder et al., 2009). The opposite process is
sensitization, when an unpleasant experience leads to subsequent
responses, often in the form of avoidance, at a lower level of
exposure. As noted, behavioral state may affect the type of response.
For example, animals that are resting may show greater behavioral
change in response to disturbing sound levels than animals that are
highly motivated to remain in an area for feeding (Richardson et al.,
1995; NRC, 2003; Wartzok et al., 2003). Controlled experiments with
captive marine mammals have showed pronounced behavioral reactions,
including avoidance of loud sound sources (Ridgway et al., 1997;
Finneran et al., 2003). Observed responses of wild marine mammals to
loud impulsive sound sources (typically seismic airguns or acoustic
harassment devices) have been varied but often consist of avoidance
behavior or other behavioral changes suggesting discomfort (Morton and
Symonds, 2002; see also Richardson et al., 1995; Nowacek et al., 2007).

Stress Response

An animal's perception of a threat may be sufficient to trigger
stress responses consisting of some combination of behavioral
responses, autonomic nervous system responses, neuroendocrine
responses, or immune responses (e.g., Seyle, 1950; Moberg, 2000). In
many cases, an animal's first and sometimes most economical (in terms
of energetic costs) response is behavioral avoidance of the potential
stressor. Autonomic nervous system responses to stress typically
involve changes in heart rate, blood pressure, and gastrointestinal
activity. These responses have a relatively short duration and may or
may not have a significant long-term effect on an animal's fitness.
Neuroendocrine stress responses often involve the hypothalamus-
pituitary-adrenal system. Virtually all neuroendocrine functions that
are affected by stress--including immune

[[Page 31619]]

competence, reproduction, metabolism, and behavior--are regulated by
pituitary hormones. Stress-induced changes in the secretion of
pituitary hormones have been implicated in failed reproduction, altered
metabolism, reduced immune competence, and behavioral disturbance
(e.g., Moberg, 1987; Blecha, 2000). Increases in the circulation of
glucocorticoids are also equated with stress (Romano et al., 2004).
The primary distinction between stress (which is adaptive and does
not normally place an animal at risk) and ``distress'' is the cost of
the response. During a stress response, an animal uses glycogen stores
that can be quickly replenished once the stress is alleviated. In such
circumstances, the cost of the stress response would not pose serious
fitness consequences. However, when an animal does not have sufficient
energy reserves to satisfy the energetic costs of a stress response,
energy resources must be diverted from other functions. This state of
distress will last until the animal replenishes its energetic reserves
sufficient to restore normal function.
Relationships between these physiological mechanisms, animal
behavior, and the costs of stress responses are well studied through
controlled experiments and for both laboratory and free-ranging animals
(e.g., Holberton et al., 1996; Hood et al., 1998; Jessop et al., 2003;
Krausman et al., 2004; Lankford et al., 2005). Stress responses due to
exposure to anthropogenic sounds or other stressors and their effects
on marine mammals have also been reviewed (Fair and Becker 2000; Romano
et al., 2002b) and, more rarely, studied in wild populations (e.g.,
Romano et al., 2002a). For example, Rolland et al. (2012) found that
noise reduction from reduced ship traffic in the Bay of Fundy was
associated with decreased stress in North Atlantic right whales. These
and other studies lead to a reasonable expectation that some marine
mammals will experience physiological stress responses upon exposure to
acoustic stressors and that it is possible that some of these would be
classified as ``distress.'' However distress is an unlikely result of
these projects based on observations of marine mammals during previous,
similar research and monitoring projects.

Marine Mammal Habitat Effects

There are no habitat modifications associated with the proposed
activity other than the presence of USFWS Refuge field personnel to
perform the proposed activities and to monitor animals. No substantial
construction is anticipated to occur for this proposed project, only
activities that rise to the level of maintenance, removal, and
installation, which are all expected to be over a small footprint when
compared to the entire size of the available habitat on the South
Farallon Islands. While field personnel may be somewhat residential in
some areas during the work necessary for the proposed activities, the
field personnel will be traveling to different research sites
indicating that their presence in any one specific area is most likely
temporary. Thus, NMFS does not expect that the proposed activity would
have any effects on marine mammal habitat and NMFS expects that there
will be no long- or short-term physical impacts to pinniped habitat on
the South Farallon Islands.

Proposed Activities on Potential Foraging Habitat

Marine mammal prey (e.g., fish) varies by species, season, and
location. However, as all of the USFWS Refuge's proposed activities are
occurring onshore and the prey species for pinnipeds are located in the
ocean, NMFS does not expect the proposed activities to affect the
habitat, availability, or presence of prey for pinnipeds.

Estimated Take of Marine Mammals

This section provides an estimate of the number of incidental takes
proposed for authorization through the IHA, which will inform NMFS'
consideration of ``small numbers,'' the negligible impact
determinations, and impacts on subsistence uses.
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).
Takes proposed for authorization would be by Level B harassment
only, in the form of behavioral reactions for individual marine mammals
resulting from exposure to field personnel and the operation of their
equipment and associated noise. Based on the nature of the activity,
Level A harassment is neither anticipated nor proposed to be
authorized. As described previously, no serious injury or mortality is
anticipated or proposed to be authorized for this activity. Below we
describe how the proposed take numbers are estimated.

Marine Mammal Occurrence and Take Calculation and Estimation

Here we describe the proposed estimate of the take that is
reasonably likely to occur and proposed for authorization.
The occurrence data are based upon the USFWS Refuge's unique
expertise in this area and their local, collaborative work with other
partners, such as Point Blue who work in the Farallon Islands (Point
Blue Conservation Science, unpubl. data; G. McChesney, USFWS, pers.
obs). NMFS further reviewed other nearby and recent actions when
considering the proposed take numbers (i.e., the Point Blue
Conservation Science's seabird research activities in central
California (80 FR 10066, February 25, 2015; 81 FR 34978, June 1, 2016;
82 FR 31759, July 10, 2017; 83 FR 31372, July 5, 2018; 85 FR 9740,
February 20, 2020; and 86 FR 27991, May 25, 2021). The USFWS Refuge's
requested take authorization numbers were calculated based on the
number of each species generally present on the islands (particularly
near haul-outs, work areas, helicopter flight paths, and near boat
landings) and frequency of the planned activities. USFWS Refuge has
stated that the management and research activities are expected to
affect all ages and sexes of pinnipeds, except very young pups because
USFWS staff and contractors will not enter or approach breeding areas
close enough to cause a disturbance to young pups or their mothers.
NMFS determined that USFWS Refuge's requests were generally
reasonable. However, for two species (i.e., California sea lions and
harbor seals), after reviewing the monitoring reports for previous
actions, we propose to authorize higher numbers of takes than requested
by USFWS Refuge. Specifically, USFWS Refuge has requested 20,000 and
200 takes by Level B harassment for California sea lions and harbor
seals, respectively. NMFS proposes increasing the take of California
sea lions to 40,000, given one of the monitoring reports for 86 FR
27991 (May 25, 2021) described 37,866 takes of this species. For harbor
seals, NMFS proposed an increase to 300 individuals; given the
monitoring report for 83 FR 31372 (July 5, 2018) described 204 takes.
USFWS Refuge agreed with NMFS' proposed take increases for these two
species and these values have been incorporated herein.

[[Page 31620]]

The results of this analysis can be found in table 2, where the
number of takes that NMFS proposes for authorization are presented.

Table 2--Estimated Take \a\ by Level B Harassment
----------------------------------------------------------------------------------------------------------------
NMFS's stock
Species (common name) Stock abundance estimates Estimated takes by Percent estimated
(draft 2024 SARs) Level B harassment to be taken
----------------------------------------------------------------------------------------------------------------
California sea lion.......... U.S............ 257,606 40,000 15.33
Steller sea lion............. Eastern U.S.... 36,308 100 0.28
Northern fur seal............ California..... 19,634 300 1.53
Harbor seal.................. California..... 30,968 300 0.97
Northern elephant seal....... California 194,907 30 0.02
breeding.
----------------------------------------------------------------------------------------------------------------
\a\ These values take into account the number of individuals near haul-outs around helicopter flight paths and
work areas where most incidental harassment is expected to occur (per Point Blue Conservation Science,
unpublished data and Gerry McChesney, USFWS, personal observations).

Proposed 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.
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 USFWS Refuge proposed to implement several mitigation measures
to reduce potential takes, by Level B harassment, on pinnipeds. NMFS
concurred with USFWS Refuge's proposed measures. These measures
include:
<bullet> Limiting the proposed project activities during pinniped
pupping seasons;
<bullet> Limiting all major construction activities to the fall and
winter to avoid the most sensitive times of the year for marine
mammals;
<bullet> Prohibiting the use of helicopters between March 15 and
September 1 to avoid the breeding season for marine mammals (use would
only be allowed from September 1 through March 15);
<bullet> Providing limits to the number of visitors, provide
supervision of visitors, and prohibited access for visitors to avoid
marine mammal haul-out and breeding areas;
<bullet> Requiring training over protocol for staff and visitors to
avoid disturbing marine mammals. The training would consist of a
presentation by USFWS staff regarding the description of the marine
mammals, their habitat needs, an explanation of the status of these
species and their protection under the MMPA, and a description of the
measures being taken to reduce effects to these species;
<bullet> Maintaining a safe distance for field personnel from
marine mammals and not approaching any marine mammal while conducting
research, unless it is absolutely necessary to flush a marine mammal in
order to continue conducting research (i.e., if a site cannot be
accessed or sampled due to the presence of pinnipeds);
<bullet> Avoiding identified haul-out sides on the South Farallon
Islands, to the extent practicable;
<bullet> Conduct seabird observations in an observation blind,
shielded from the view of hauled-out pinnipeds where possible;
<bullet> Allowing helicopter operations only when the risk of
injury to any marine mammal is low;
<bullet> Suspending operations if a dead or injured marine mammal
is found near the project area and the death or injury of the animal
could be attributable to USFWS Refuge activities. Any such takes will
immediately be reported to the Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#38686a16716c6816755756514c574a51565f6a5d48574a4c4b7856575959165f574e">[email&#160;protected]</a> and <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="642d30344a140b10080b070f240a0b05054a030b12">[email&#160;protected]</a>) and the
West Coast Regional Stranding Coordinator (562-980-3264);
<bullet> Avoiding visits to sites when pups are present or when
species for which authorization has not been granted are present; and
<bullet> Monitoring for offshore predators and not approach hauled
out pinnipeds if predators are present.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has preliminarily
determined that the proposed mitigation measures provide the means of
effecting the least practicable impact on the affected species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.

Proposed 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 while
conducting the activities. Effective reporting is critical to both
compliance, as well as ensuring that the

[[Page 31621]]

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 activity; 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.
The USFWS Refuge will contribute to the knowledge of pinnipeds on
the South Farallon Island 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.
Proposed monitoring requirements in relation to the USFWS Refuge's
research activities will include observations made by the applicant.
Information recorded will include species counts (with numbers of pups/
juveniles) of animals present before approaching, numbers of observed
disturbances (based on the scale below), and descriptions of the
disturbance behaviors during the project activities, including
location, date, and time of the event. For consistency, any reactions
by pinnipeds to field personnel will be recorded according to a three-
point scale, as shown in table 3. We specifically note that only
observations of disturbance levels 2 and 3 would be recorded as
takings. The lead biologist/project-lead in the field will serve as an
observer to record the incidental take.

Table 3--Levels of Pinniped Behavioral Disturbance
------------------------------------------------------------------------
Level Type of response Definition
------------------------------------------------------------------------
0.................. Observation...... Observation by field personnel
from a distance; no disturbance
to pinniped.
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 away from 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.
------------------------------------------------------------------------
Note: Only Levels 2 and 3 would be recorded as takes by Level B
harassment.

Furthermore, the following monitoring protocols for USFWS Refuge
are proposed:
1. Record of date, time, and location (or closest point of ingress)
of each visit to the research site;
2. Composition of the marine mammals sighted, such as species,
gender, and life history stage (e.g., adult, sub-adult, pup);
3. Information on the numbers (by species) of marine mammals
observed during the activities;
4. Estimated number of marine mammals (by species) that may have
been harassed during the activities;
5. Behavioral responses or modifications of behaviors that may be
attributed to the specific activities and a description of the specific
activities occurring during that time (e.g., human approach, vessel
approach, helicopter take-off/landing/flyover); and
6. Information on the weather, including the tidal state and
horizontal visibility.
In addition, observations regarding the number and species of any
marine mammals observed (either in the water or hauled out at, or
adjacent to, a research site) are recorded as part of field
observations during research activities. Information regarding physical
and biological conditions pertaining to a site, as well as the date and
time that research was conducted, will also be recorded. This
information will be incorporated into a monitoring report (along with
other information, as required below in the Reporting section) for NMFS
and all raw data will be provided.

Reporting

The USFWS Refuge would be required to submit an annual draft
summary report on all research activities and marine mammal monitoring
results to NMFS within 90 days following the end of the project
activities or 60 calendar days prior to the requested issuance of any
subsequent IHA for similar activity at the same location, whichever
comes first. The draft summary report would include an overall
description of the research activities completed, a narrative regarding
marine mammal sightings, and associated raw PSO data sheets (in
electronic spreadsheet format). Specifically, the report must include:
<bullet> Dates and times (begin and end) of all marine mammal
monitoring;
<bullet> Observer locations during marine mammal monitoring; and
<bullet> Environmental conditions during monitoring periods (at
beginning and end of observer shift and whenever conditions change
significantly), including Beaufort sea state and any other relevant
weather conditions including cloud cover, fog, sun glare, and overall
visibility to the horizon, and estimated observable distance.
Upon observation of a marine mammal, the following information must
be reported:

[[Page 31622]]

<bullet> Name of the observer who sighted the animal(s) and
observer location and activity at the time of the sighting;
<bullet> Time of the sighting;
<bullet> Identification of the animal(s) (e.g., genus/species,
lowest possible taxonomic level, or unidentified), observer confidence
in identification, and the composition of the group if there is a mix
of species;
<bullet> Estimated number of animals (min/max/best estimate);
<bullet> Estimated number of animals by cohort (e.g., adults,
juveniles, neonates, group composition, etc.);
<bullet> Animal's closest point of approach;
<bullet> Description of any marine mammal behavioral observations
(e.g., observed behaviors such as feeding or traveling), including an
assessment of behavioral responses thought to have resulted from the
activity (e.g., no response or changes in behavioral state such as
ceasing feeding, changing direction, flushing, etc.);
<bullet> Number of marine mammals detected, by species; and
<bullet> Detailed information about implementation of any
mitigation, a description of specified actions that ensured, and
resulting changes in behavior of the animal(s), if any.
If no comments are received from NMFS within 30 days after the
submission of the draft summary report, the draft report would
constitute the final report. If USFWS Refuge received comments from
NMFS, a final summary report addressing NMFS' comments must be
submitted within 30 days after receipt of comments.
Additionally, the USFWS Refuge would be required to undertake some
situational reporting for the NMFS West Coast Regional Office (562-980-
3230) for marked or tag-bearing pinnipeds or carcasses, or any unusual
behaviors, distributions, or numbers of pinnipeds.

Reporting Injured or Dead Marine Mammals

If, at any time, the specified activities clearly causes the take
of a marine mammal in a prohibited manner such as an injury (i.e.,
Level A harassment), serious injury, or mortality, the USFWS Refuge
would immediately cease the specified activities and report the
incident to the NMFS Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#80d0d2aec9d4d0aecdefeee9f4eff2e9eee7d2e5f0eff2f4f3c0eeefe1e1aee7eff6">[email&#160;protected]</a> and <a href="/cdn-cgi/l/email-protection#cc85989ce29ca3b8a0a3afa78ca2a3adade2aba3ba">[email&#160;protected]</a>) and the
NMFS West Coast Regional Stranding Coordinator ((562) 980-3230). The
report must include the following information:
1. Time and date of the incident;
2. Description of the incident;
3. Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
4. Description of all marine mammal observations in the last 24
hours preceding the incident;
5. Species identification or description of the animal(s) involved;
6. Fate of the animal(s); and
7. Photographs or video footage of the animal(s) (if the equipment
is available).
Activities would not resume until NMFS is able to review the
circumstances of the prohibited take. NMFS will work with the USFWS
Refuge to determine what measures are necessary to minimize the
likelihood of further prohibited take and ensure MMPA compliance. The
USFWS Refuge may not resume the activities until notified by the NMFS
Office of Protected Resources.
In the event that the USFWS Refuge discovers an injured or dead
marine mammal and determines that the cause of the injury or death is
unknown and the death is relatively recent (e.g., in less than a
moderate state of decomposition), the USFWS Refuge would immediately
report the incident to the Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#eebebcc0a7babec0a38180879a819c878089bc8b9e819c9a9dae80818f8fc0898198">[email&#160;protected]</a> and <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="1a534e4a346a756e767579715a74757b7b347d756c">[email&#160;protected]</a>) and the
West Coast Regional Stranding Coordinator ((562) 980-3230). The report
must include the same information identified in the paragraph above.
Activities may continue while NMFS reviews the circumstances of the
incident. NMFS will work with the USFWS Refuge to determine whether
additional mitigation measures or modifications to the activities are
appropriate.
In the event that an injured or dead marine mammal is discovered
and it is determined that the injury or death is not associated with or
related to the activities authorized in any issued IHA (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), the USFWS Refuge would report the
incident to the NMFS Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#2575770b6c71750b684a4b4c514a574c4b427740554a575156654b4a44440b424a53">[email&#160;protected]</a> and <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="d69f8286f8a6b9a2bab9b5bd96b8b9b7b7f8b1b9a0">[email&#160;protected]</a>) and the
West Coast Regional Stranding Coordinator ((562) 980-3230) within 24
hours of the discovery. The USFWS Refuge would provide photographs,
video footage (if available), or other documentation of the stranded
animal sighting to NMFS and the Marine Mammal Stranding Network.
Activities may continue while NMFS reviews the circumstances of the
incident.

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
of the species listed in table 1, 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.
For reasons stated previously in this document and based on the
following factors, NMFS does not expect USFWS Refuge's proposed
specified activities to cause long-term behavioral disturbance that
would be expected to negatively impact an individual animal's fitness,
or result in injury, serious injury, or mortality. Although USFWS
Refuge's activities may disturb marine mammals, NMFS expects those
impacts to occur to localized groups of animals at or near survey and
activity sites. Behavioral disturbance is expected to be limited to

[[Page 31623]]

short-term startle responses and localized behavioral changes due to
the short duration (ranging from approximately 15 minutes for visits at
most locations, up to 2 to 5 hours from April-August) of the research
activities. All major construction work (specific to the facilities
maintenance, repair, removal, and minor construction activities) would
be limited to occur only from September 1 through March 15 to avoid
disturbances to wildlife. Boat landings are expected to last
approximately 1 to 3 hours and would be localized to one of two
specific landing areas (i.e., East Landing and North Landing). During
seasons where the weather is less than optimal and safe for boat
landings (much of the fall-winter period, September 1 through March
15), helicopters would be used to transport equipment and personnel,
with a prohibition on helicopter use the rest of the year to avoid
disturbance to sensitive wildlife and breeding/pupping activities.
Minor and brief responses including short-duration startle reactions,
are not likely to constitute disruption of behavioral patterns, such as
migration, nursing, breeding, feeding, or sheltering. These short
duration disturbances (in many cases animals are expected to return
within a short period of time) will generally allow marine mammals to
reoccupy haul-outs relatively quickly; therefore, these disturbances
would not be anticipated to result in long-term disruption of important
behaviors. No surveys will occur at or near rookeries as field
personnel will have limited access to the South Farallon Islands during
the pupping season and will not approach sites should pups be observed.
Furthermore, breeding animals tend to be concentrated in areas that
field personnel are not scheduled to visit. Therefore, NMFS does not
expect mother and pup separation or crushing of pups during stampedes.
Regarding effects to animals on the South Farallon Islands, field
personnel will delay ingress into the landing areas, where possible,
until after the pinnipeds enter the water and will cautiously operate
vessels at slow speeds. Some limited effects from helicopters have been
known to occur (see the Effects section), but any behavioral effects
are expected to be temporary and fleeting, given the helicopter would
be primarily transiting, landing, or taking off. To reduce effects,
USFWS Refuge would only allow helicopter operations from September 1
through March 15; all other times of the year helicopter use would be
prohibited, which would avoid the breeding season for marine mammals on
the South Farallon Islands. Limited access would be permitted to
pinniped pupping areas so mother-pup separation is not expected to
occur. Lastly, the helicopter flight path has been developed to
minimize disturbances to wildlife as most pinniped habitat (with the
exception of Mussel Flat) located away from the flight path.
In summary and as described above, the following factors primarily
support our preliminary determination that the impacts resulting from
this activity are not expected to adversely affect any of the species
or stocks through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<bullet> No take by Level A harassment is expected, or is proposed
for authorization;
<bullet> The intensity of anticipated takes by Level B harassment
is relatively low for all stocks. Level B harassment would be in the
form of behavioral disturbance, resulting in temporary avoidance of the
project areas and locations where USFWS Refuge staff and contractors
are working;
<bullet> Given pinnipeds are carnivores, no prey species (i.e.,
fish) would be impacted by the proposed activities or would only be
temporarily impacted for a short duration during in-water activities
(i.e., small motorboat and sailboat use). Therefore, any associated
impacts on marine mammal foraging is not expected to result in
significant or long-term consequences for individuals, or to accrue to
adverse impacts on their populations;
<bullet> No impacts to pinniped habitat are anticipated; and
<bullet> Only limited behavioral disturbance in the form of short-
duration startle reactions is expected, and mitigation requirements
employed by field personnel (e.g., moving slowly, hushed voices) should
further decrease disturbance levels.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from the proposed activity will have a negligible impact on
all affected marine mammal species or stocks.

Small Numbers

As noted previously, only take of small numbers of marine mammals
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 (see 86 FR
5322, January 19, 2021). Additionally, other qualitative factors may be
considered in the analysis, such as the temporal or spatial scale of
the activities.
The instances of take NMFS has proposed to authorize is below one-
third of the estimate stock abundance for all species. The number of
animals proposed for authorization that could be taken from these
stocks would be considered small relative to the relevant stocks'
abundances even if each estimate taking occurred to a new individual.
While there is a potential for some individuals to be taken multiple
times per day, USFWS Refuge staff and contractors would count them as
separate takes if they cannot be individually identified.
Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS preliminarily finds that small
numbers of marine mammals would be taken relative to the population
size of the affected species or stocks.

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 ESA of 1973 (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.

[[Page 31624]]

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.

Proposed Authorization

As a result of these preliminary determinations, NMFS proposes to
issue an IHA to the USFWS Refuge for conducting research, monitoring,
and management activities on the South Farallon Islands, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-research-and-other-activities</a>.

Request for Public Comments

We request comment on our analyses, the proposed authorization, and
any other aspect of this notice of proposed IHA for the USFWS Refuge's
proposed research, monitoring, and management activities. We also
request comment on the potential renewal of this proposed IHA as
described in the paragraph below. Please include with your comments any
supporting data or literature citations to help inform decisions on the
request for this IHA or a subsequent renewal IHA.
On a case-by-case basis, NMFS may issue a one-time, 1-year renewal
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical or nearly
identical activities as described in the Description of Proposed
Activity section of this notice is planned or (2) the activities as
described in the Description of Proposed Activity section of this
notice would not be completed by the time the IHA expires and a renewal
would allow for completion of the activities beyond that described in
the Dates and Duration section of this notice, provided all of the
following conditions are met:
<bullet> A request for renewal is received no later than 60 days
prior to the needed renewal IHA effective date (recognizing that the
renewal IHA expiration date cannot extend beyond 1 year from expiration
of the initial IHA).
<bullet> The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
<bullet> Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.

Dated: July 10, 2025.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2025-13168 Filed 7-14-25; 8:45 am]
BILLING CODE 3510-22-P

</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>

View on FederalRegister.gov →Plain-text source

Indexed from Federal Register on July 15, 2025.

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.