Notice2025-16909
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
September 4, 2025
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the 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.
Full Text
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<title>Federal Register, Volume 90 Issue 169 (Thursday, September 4, 2025)</title>
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[Federal Register Volume 90, Number 169 (Thursday, September 4, 2025)]
[Notices]
[Pages 42750-42751]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16909]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF072]
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; issuance of incidental harassment authorization.
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SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA) as amended, notification is hereby given that
NMFS has issued an incidental harassment authorization (IHA) to the
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.
DATES: This authorization is effective for 1 year from the date of
notification by the IHA-holder, not to exceed 1 year from the date of
issuance (August 28, 2025).
ADDRESSES: Electronic copies of the application and supporting
documents, as well as a list of the references cited in this document,
may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-construction-activities</a>. In case of problems accessing these documents, please call
the contact listed below.
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
MMPA Background and Determinations
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Among the exceptions is section 101(a)(5)(D) of the MMPA
(16 U.S.C. 1361 et seq.) which directs the Secretary of Commerce (as
delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking by harassment 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 the public has an opportunity to comment on the proposed IHA.
Specifically, NMFS will issue an IHA if it 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 such species or stocks for taking for certain
subsistence uses (referred to here as ``mitigation''). NMFS must also
prescribe requirements pertaining to the monitoring and reporting of
such takings. The definitions of key terms, such as ``take,''
``harassment,'' and ``negligible impact,'' can be found in the MMPA and
the
[[Page 42751]]
NMFS' implementing regulations (see 16 U.S.C. 1362; 50 CFR 216.103).
On July 15, 2025, a notice of NMFS' proposal to issue an IHA to
USFWS Refuge for take of marine mammals incidental to research,
monitoring, and management activities in the South Farallon Islands,
Farallon Islands National Wildlife Refuge off San Francisco, California
was published in the Federal Register (90 FR 31609, July 15, 2025). In
that notice, NMFS indicated the estimated numbers, type, and methods of
incidental take proposed for each species or stock, as well as the
mitigation, monitoring, and reporting measures that would be required
should the IHA be issued. The Federal Register notice also included
analysis to support NMFS' preliminary conclusions and determinations
that the IHA, if issued, would satisfy the requirements of section
101(a)(5)(D) of the MMPA for issuance of the IHA. The Federal Register
notice included web links to a draft IHA for review, as well as other
supporting documents.
NMFS received no public comments on the proposed IHA. We made a
single correction to Level 2's text in table 3 of the proposed Federal
Register notice (90 FR 31609, July 15, 2025). Originally, NMFS had
included ``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.'' We correct this to read ``Movements in
response to the source of disturbance, ranging from short withdrawals
at least twice the animal's body length to longer retreats over the
beach, or if already moving a change of direction of greater than 90
degrees.'' To ensure this information is appropriately corrected and
incorporated, we include the revised table 3 here. We have also made a
single adjustment to the operating season of the helicopter, given a
correction by USFWS (from March 15 to March 30).
Revised Table 3--Levels of Pinniped Behavioral Disturbance
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Level Type of response Definition
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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 in response to the source of disturbance,
ranging from short withdrawals at least twice the
animal's body length to longer retreats over the
beach, or if already moving a change of direction
of greater than 90 degrees.
3...................... Flush............................ All retreats (flushes) to the water.
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Note: Only Levels 2 and 3 would be recorded as takes by Level B harassment.
With the exception of the minor corrections described below, there
are no changes to the specified activities, the species taken, the
proposed numbers, type, or methods of take, or the mitigation,
monitoring, or reporting measures in the proposed IHA notice.
Furthermore, no new information that would change any of the analyses,
conclusions, or determinations in the proposed IHA notice has become
available since that notice was published; therefore, these are
considered final.
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 determined that the
issuance of this IHA qualifies for categorical exclusion from further
NEPA review.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency ensures 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.
No incidental take of ESA-listed species has been authorized or is
expected to result from this activity. Therefore, NMFS has determined
that formal consultation under section 7 of the ESA is not required for
this action.
Authorization
Accordingly, consistent with the requirements of section
101(a)(5)(D) of the MMPA, NMFS has issued an IHA to 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.
Dated: August 28, 2025.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2025-16909 Filed 9-3-25; 8:45 am]
BILLING CODE 3510-22-P
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