Notice2026-09694
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental To Research, Monitoring, and Management Activities on the South Farallon Islands, Farallon Islands National Wildlife Refuge, 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
May 14, 2026
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 on the South Farallon Islands, Farallon Islands National Wildlife Refuge, California (CA). 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
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<title>Federal Register, Volume 91 Issue 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Notices]
[Pages 27283-27302]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09694]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XF609]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental To Research, Monitoring, and
Management Activities on the South Farallon Islands, Farallon Islands
National Wildlife Refuge, 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.
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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 on the South Farallon Islands,
Farallon Islands National Wildlife Refuge, California (CA). 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
[[Page 27284]]
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 June 15,
2026.
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 ITP.<a href="/cdn-cgi/l/email-protection#92d5e0f3faf3ffd2fcfdf3f3bcf5fde4"><span class="__cf_email__" data-cfemail="d691a4b7beb7bb96b8b9b7b7f8b1b9a0">[email protected]</span></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: <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>. 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/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> 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: Krista Graham, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et
seq.) directs 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; 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 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 (see also 16 U.S.C.
1362; 50 CFR 216.3, 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 March 14, 2026, NMFS received a request from the USFWS Refuge
for an IHA to take marine mammals incidental to research, monitoring,
and management activities on the South Farallon Islands, Farallon
Islands National Wildlife Refuge off San Francisco, CA. Following NMFS'
review of the application, the USFWS Refuge submitted a revised,
adequate and complete version on April 9, 2026. The USFWS Refuge's
request is for authorization of the take of five species of marine
mammals by Level B harassment only. Neither the USFWS Refuge nor NMFS
expect serious injury or mortality to result from this activity, and,
therefore, an IHA is appropriate.
NMFS previously issued an IHA to the USFWS Refuge for similar work
from September 10, 2025, through September 9, 2026 (90 FR 42750). To
date, the USFWS Refuge has complied with all requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHA, and
information on the monitoring results can be found in the Estimated
Take section.
Description of Proposed Activities
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 group, consisting of Southeast
Farallon Island and West End Island), 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 Farallon National Wildlife Refuge, managed by the USFWS, is
encompassed within the Greater Farallones National Marine Sanctuary
(GFNMS or Sanctuary), which is managed separately by NOAA's National
Ocean Service. The GFNMS encompasses 3,295 square miles (mi\2\) (8,534
square kilometers (km\2\)) of open ocean and nearshore waters off the
California coast, surrounding the Farallon Islands. Originally
designated as the Gulf of the Farallones National Marine Sanctuary in
1981 by the Department of Commerce, its boundaries were significantly
expanded in 2015 to include waters further north and offshore (80 FR
13077, March 12, 2015).
The proposed activities on the South Farallon Islands are
intrinsically linked to the management of the Refuge and the Sanctuary.
Since the USFWS Refuge would be the IHA Holder, the research,
monitoring, and management activities covered under this proposed IHA
would predominantly be carried out by
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USFWS Refuge staff. Similar but separate research and monitoring
activities would be carried out by Sanctuary staff. For the proposed
take estimation discussed later, we distinguish the proposed activities
for the GFNMS from those for the USFWS Refuge.
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., rocky intertidal
habitat surveys and sampling, oil spill monitoring). Field personnel
and boat/helicopter use may occasionally cause incidental take via
behavioral disturbance (Level B harassment) of pinniped species that
reside year-round and haul out on the South Farallon Islands.
Dates and Duration
Management and research activities, some of which are commonly
performed by Point Blue Conservation Science (Point Blue), typically
occur year-round. However, given a recent shift in resource allocation,
staff from the USFWS Refuge and GFNMS are assisting Point Blue in some
specific research, monitoring, and management activities, while also
performing work mandated under their respective laws (i.e., the
National Wildlife Refuge System Improvement Act of 1997 (Pub. L. 105-
57, 111 Stat. 1252; 16 U.S.C. 668dd et seq.) and Title III of the
Marine Protection, Research, and Sanctuaries Act of 1972 (16 U.S.C.
1431 et seq. and 15 CFR part 922, subpart H)). The USFWS Refuge and
GFNMS are planning activities primarily for the fall/winter of 2026 to
2027 (September through mid-March).
Specified activities, discussed below, will vary in duration.
Island access and resupply efforts, which could be conducted by
motorboat or sailboat, are expected to occur about 2 days per month and
typically last 1 to 3 hours. Maintenance efforts, necessary for
crevice-nesting seabirds and to serve as a disturbance barrier for
seabirds, typically occur every few years and are conducted in the
winter when California sea lion (Zalophus californianus) numbers are
lower. These efforts may require removing excess materials (e.g., old
plumbing, electrical conduit, lumber), which are expected to take 1 to
3 days and would require a helicopter or boat. The maintenance, repair,
removal, and construction of onshore facilities are expected to take 1
to 2 months of effort, although the effort may be spread over a
continuous or non-consecutive period, as this work depends heavily on
the contractor and weather. Plant surveys would be conducted over
approximately 7 days, sometime between mid-March and early April, and
intertidal research and sampling, planned between November 1 and March
15, are expected to last 4 to 5 hours at the survey sites.
Helicopters and small motorized boats/sailboats would be used to
transport personnel and supplies on and off the island. Helicopter use
would only be from 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 required is planned for
October to March to avoid a late-summer surge in California sea lion
presence. Boat use is planned when it is safe to do so (less likely in
the fall and winter seasons, as storms make boat landings dangerous),
which is more likely in the spring/summertime, 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 would 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. As noted above, the specified activity is expected to
occur from September 10, 2026, through September 9, 2027.
Specific Geographic Region
The Farallon National Wildlife Refuge consists of 211 acres (0.33
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, CA, 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 (see figures 1 and 2). Of all the
islands that make up the Refuge, only the Southeast Farallon Island is
inhabited and contains infrastructure, as nearly all the proposed
activities occur on this island. Southeast Farallon Island has two
landings, North Landing and East Landing, where pinnipeds are known to
haul out and reside year-round. All specified activities, as described
herein, will occur on land (with the exceptions of transit via
motorboat and/or helicopter, when needed).
BILLING CODE 3510-22-P
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BILLING CODE 3510-22-C
Detailed Description of the Specified Activities
The proposed activities at the South Farallon Islands are directly
associated with Refuge and Sanctuary management as well as natural
resource research and monitoring. Each is described below.
Management Activities--Island Access
To access the main island of 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 2 days per month for
supplies and personnel, and typically take between 1 and 3 hours. Each
boat landing consists of launching the boat with a single operator and
two to four
[[Page 27288]]
other personnel assisting from land. Loading activities at North
Landing would occur at the water level during the intertidal phase, and
activities at the East Landing (the primary landing site) would occur
using a loading platform raised 30 ft (9.1 m) over the water.
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 and winter
period, starting in the fall of 2026. Because of this (as well as
stormy weather during the fall/wintertime), boat landings become more
difficult and dangerous for field personnel. When the island's support
staff is not present, helicopters are the primary means of transporting
staff and supplies/cargo on and off Southeast Farallon Island. On
Southeast Farallon Island, helicopters are allowed to land at the
helipad only 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 on marine mammals, the USFWS Refuge has developed
a flight plan for the helicopter during landings and departures to
minimize impacts on wildlife and maximize aircraft and crew safety.
Generally, most of the pinniped habitat is located away from the flight
path, except for Mussel Flat, which lies near the southwestern flight
path and cannot be avoided by USFWS Refuge staff (see figure 3).
[GRAPHIC] [TIFF OMITTED] TN14MY26.019
Harassment of marine mammals is likely to occur given the presence
of people and the use of boats and helicopters (including their
presence and noise). Additionally, some California sea lions have been
observed hauling 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 the 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 include controlling non-native
and invasive vegetation, which is detrimental to nesting seabirds and
native vegetation. This invasive vegetation blocks access to existing
and potential seabird burrow breeding sites and competes with native
species and resources, such as Lasthenia maritima, used by surface-
nesting seabirds for nesting materials. Other activities
[[Page 27289]]
include maintaining artificial habitats specifically constructed for
seabirds. Two of these structures provide habitat for seabirds that
nest in crevices, while another provides a barrier against disturbance.
Two of these artificial habitat structures are located adjacent to the
haulout locations for California sea lions and Steller sea lions
(Eumetopias jubatus). Maintenance for these structures is minimal and
only required every few years.
Other restoration activities may include the use or removal of
excess materials, such as older plumbing, electrical conduits, lumber,
and other infrastructure materials, located throughout Southeast
Farallon Island (primarily on the east and south sides of the island).
If materials were reused, they would be used to create an artificial
seabird nesting habitat in the upland areas away from pinniped haulout
areas and habitat. If materials are removed, they would be transported
by boat or helicopter (for more bulky/larger materials), which may
necessitate hovering for a short period while the cargo is loaded or
unloaded.
For all these activities, marine mammals would likely be harassed
behaviorally from the presence of humans when collecting and
transferring the materials, performing the activities, and from the use
of boats/helicopters to remove the materials. USFWS Refuge estimates
that approximately 1 to 3 days would be needed to remove excess
material by either boat or helicopter.
Management Activities--Facilities Maintenance, Repair, Removal, and
Construction
On 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. 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 would consist of a large demolition and construction
project starting in September, during which a large water storage
cistern on the east side of Southeast Farallon Island would be
dismantled and a new water catchment tank installed. Other major
activities include replacing the roof and siding at the North Landing
Boathouse and making necessary modifications to the houses--Powerhouse
and North Landing Boathouse--to protect against vandalism and storms.
This larger project is expected to take approximately 1 to 2 months and
may occur either continuously or intermittently in non-consecutive
phases. The work needed and the schedule are highly dependent on both
the contractor's ability to mobilize and the weather. Additionally,
other repairs and activities would occur, including maintenance and
repairs to the roofs of houses, the East 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 and 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 transport can be
reviewed in the section above.
Marine mammals are expected to be behaviorally harassed by the
presence of humans, boats, and helicopters, as well as by the noise of
their rotors and motors. The presence of cargo and construction noise
(i.e., not greater than mechanical tools, hammering, etc.) may also
cause behavioral harassment.
Management Activities--Cultural Resources
Proposed activities for the preservation and evaluation of cultural
resources may be undertaken by USFWS Refuge staff or by assisting
archaeologists. While the Refuge policy specifically prohibits 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 evaluating, removing, or reusing remnants
of abandoned infrastructure (most of which was removed after 1969).
Generally, these elements are in the more upland areas of Southeast
Farallon Island, away from the intertidal and pinniped haulout/pupping
areas. However, behavioral harassment of marine mammals may still occur
due to human presence around hauled out pinnipeds.
Research and Monitoring Activities--Wildlife and Plant Research
A familiar activity on 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.
However, as previously mentioned, Point Blue may reduce its presence on
Southeast Farallon Island during the fall and winter, and the USFWS
Refuge would take over some of these responsibilities. For example,
plant monitoring would be conducted in various plots across the
island's uplands, with one to three personnel traveling to different
plots. These activities are expected to occur primarily between mid-
March and early April over 7 days.
If oiled wildlife is discovered on the islands, visits to the
shoreline where marine mammals occur may be necessary to obtain proper
documentation. This includes searching for oil along the shoreline,
searching for and counting oiled wildlife, collecting oiled wildlife,
and collecting oil samples.
Lastly, GFNMS staff would continue carrying out their rocky
intertidal monitoring on Southeast Farallon Island to document the
density, biodiversity, and condition of the Sanctuary's natural
resources. This will continue to build upon over 30 years of long-term
monitoring. The sampling at the three sites (i.e., Blow Hole Peninsula,
Dead Sea Lion Flat, and Mussel Flat) requires approximately 4-5 hours.
Pinnipeds would be flushed into the water as the tide drops. Each rocky
intertidal monitoring plot and transect would be sampled once a year,
with each site accessed up to three times by GFNMS staff from November
1, 2026, through March 15, 2027.
For these research and monitoring actions, pinnipeds would likely
be behaviorally harassed by the presence of field personnel.
The proposed mitigation, monitoring, and reporting measures for
these aforementioned activities are described in detail later 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 the status and trends, distribution and habitat preferences,
and the behavior and life history of the potentially affected species.
NMFS fully considered all 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
[[Page 27290]]
general information about these species (e.g., physical and behavioral
descriptions) may be found on NMFS' website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
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 mortality or serious injury (M/SI) is anticipated or
proposed to be authorized here, PBR and annual 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. All values presented in table 1 are the
most recent available at the time of publication 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>.
[GRAPHIC] [TIFF OMITTED] TN14MY26.020
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As indicated above, all five species (with five managed stocks) in
table 1 temporally and spatially co-occur with the activities to the
degree that take is likely to occur. While Guadalupe fur seals
(Arctocephalus townsendi) have been reported in the area, their
occurrence is considered extremely rare, as 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 GFNMS (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 proposed activities, see the IHA
application, the SARs, and NMFS' website.
California Sea Lions
California sea lion breeding areas are on islands located in
southern CA, in western Baja California, Mexico, and the Gulf of
California. Rookery sites in southern CA 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 from May through July, both on land and in the
water. Females come ashore in mid-May and June, where they give birth
to a single pup approximately 4 to 5 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 4 and 10 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 CA 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, with numbers fluctuating from
several hundred to several thousand.
Elevated numbers of strandings of California sea lion pups occurred
in southern CA beginning in January 2013, and NMFS declared an Unusual
Mortality Event (UME). Per the NMFS website, ``the UME was attributed
to malnutrition in juvenile sea lions due to ecological factors causing
prey shifts. Unusual oceanographic conditions most likely drove these
prey shifts 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 nearshore 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 CA
stock of harbor seals ranges from Mexico to the Oregon-California
border. In California, 400 to 600 harbor seal haulout 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 9
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 CA. 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 lat. (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 4 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 1 to 4 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 peaks, generally
leaving by the end of April (USFWS, 2013). The lowest numbers of
elephant seals present at rookeries occur during June, July, and
August, when sub-adult and adult males molt. Another peak in the number
of young seals returns to the rookery for a haulout 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), and the colony grew rapidly
thereafter. 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 comprise two distinct population segments (DPSs):
the western and eastern DPSs, separated by 144[deg] W longitude (Cape
Suckling, Alaska). The western segment of Steller sea lions inhabits
the central and western Gulf of Alaska, the Aleutian Islands, and
coastal waters, and breeds 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 long.), and includes sea lions living in
southeast Alaska, British
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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 CA, 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 CA and the establishment of new rookeries 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 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 the
Bering Sea. Breeding rookeries extend from the Sakhalin Island in the
Sea of Okhotsk, the Commander Islands, the Pribilof Islands, and the
Aleutian Islands in the Bering Sea, and the Farallon and San Miguel
Islands off CA (Gelatt and Gentry, 2018). Two stocks under the MMPA are
recognized in U.S. waters: the Eastern North Pacific and the CA stocks.
The Eastern North Pacific stock ranges from southern CA during winter
to the Pribilof Islands and Bogoslof Island in the Bering Sea during
summer (Muto et al., 2018). The CA 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 CA stock, although 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 haulouts.
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, 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 more than 100,000 animals at the
Farallon Islands before being locally extirpated by sealers in the
1800s (Pyle et al., 2001). After more than a 150-year absence, northern
fur seals recolonized the Farallon Islands in the 1970s, 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 the Specified Activities on Marine Mammals and
Their Habitat
This section discusses how components of the specified activities
may impact marine mammals and their habitat. The Estimated Take section
later in this document includes a quantitative analysis of the number
of individuals that are expected to be taken by these activities. The
Negligible Impact Analysis and Determination section considers the
content of this section, the Estimated Take 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 by motorboat/helicopter operations may 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 activities (e.g., personnel
presence and motorboats/helicopters) have been observed to impact
marine mammals. This discussion also includes reactions we consider may
rise to the level of take and those we do not. This section provides
background information on the potential effects of these activities.
For a discussion of how the mitigation measures will be implemented and
how they will shape the anticipated impacts from these specific
activities, 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 haulouts or rookeries).
If a marine mammal briefly reacts to human presence by changing its
behavior or moving a short distance, the impact is 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). For example, numerous
studies have shown that human activity can flush harbor seals off
haulout 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 also been shown to avoid beaches frequently
disturbed 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
[[Page 27293]]
demonstrated at other locations as well (Kucey, 2005; Chayahara et al.,
2024).
The presence of field personnel may 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 its head, assuming a more upright
posture) to flushing from the haulout site into the water. NMFS does
not consider 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.
Use of Motorboats and Helicopters
The proposed activities may require small waterborne vessels (e.g.,
motorboats and sailboats) to deliver personnel and supplies to and from
the South Farallon Islands. Previous studies have shown that pinnipeds
generally return to their haulout sites and do not permanently abandon
them after exposure to motorboats (discussed further below; 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 haulout behavior in Metis Bay, Quebec,
Canada. During that study, the authors noted that the most frequent
disturbances (n = 73) were caused by lower-speed kayaks and canoes
(33.3 percent) rather than motorboats (27.8 percent) conducting high-
speed passes. The seals' 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 was no significant
lingering effect on the recovery of numbers to pre-disturbance levels.
In conclusion, the study showed that boat traffic at current levels had
only a temporary effect on harbor seal haulout behavior in the Metis
Bay area.
Acevedo-Gutierrez and Johnson (2007) evaluated the efficacy of
buffer zones for watercraft around harbor seal haulout sites on Yellow
Island, Washington. The authors estimated the minimum distance between
vessels and haulout sites, categorized vessel types, and evaluated seal
responses to disturbances. During the 7-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 of up to
453 ft (138 m) and 1,217 ft (371 m), 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, seals recovered
quickly from disturbances and returned to the haulout site within 60
minutes. In less than a quarter of cases, seal numbers did not return
to pre-disturbance levels within 180 minutes of the disturbance. The
study concluded that the return of seal numbers to pre-disturbance
levels, coupled with the relatively regular seasonal cycle in abundance
throughout the area, counters 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 high transit
speeds, limited maneuverability, or the boat's size, making it hard to
see the animal. Field personnel will access areas at slow transit
speeds in small, easily maneuverable boats, minimizing the risk of
accidental strikes.
Regarding helicopters, Efoymson et al. (2001) noted that the key
stressor for low-altitude overflights of military aircraft is primarily
sound; however, visual and physical stimuli (i.e., the aircraft itself)
could also act as stressors. Animals (including pinnipeds) have
previously demonstrated mixed reactions, likely driven by habitat and
site use, habitation, and proximity to the helicopter/aircraft (either
due to visual or acoustic stimuli) (Anderson, 2007). At Phoca Reef on
San Nicolas Island, CA, harbor seals displayed no behavioral reaction
to the presence of a helicopter within audible range (U.S. Navy, 2020).
Richardson et al. (1995) documented several behavioral reactions of
marine mammals to aircraft (see section 9.2). Generally, the findings
indicate that aircraft overflights at low altitudes can elicit
behavioral responses (i.e., alert, startle, rapid movement) in hauled-
out harbor seals, prompting them to escape to the water. Similar
behaviors have been noted for ringed seals (Phoca hispida) and bearded
seals (Erignathus barbatus) (although with somewhat 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,
CA, were found to be less responsive than harbor seals. Highly
dependent on the helicopter's hovering altitude, behaviors ranging from
alert 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 due to their
lower operating altitudes and the sound emitted by their rotors.
Avoidance
Avoidance is the displacement of an individual from an area or
migration path due to 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 several 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 has 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 the abundance or distribution
patterns of the affected species in the affected region if habituation
to 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 are related to
[[Page 27294]]
cetaceans, which are not expected to be harassed or taken by the
proposed 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 field
personnel and/or motorboats/helicopters, we do not expect these effects
to be more than temporary. The pinnipeds on the South Farallon Islands
exhibit high site fidelity; any external stimuli would be fleeting and
easily avoided. This means that, if performing avoidance behaviors
during activities, pinnipeds 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., the directedness of movement and
the rate of travel). Relatively little information exists on the flight
responses of marine mammals to anthropogenic signals, although
observations of flight responses to the presence of predators have been
reported (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 is 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 (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 the
diversion of focus and attention (i.e., when a response involves
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
by reducing fitness (e.g., body condition) and, in turn, 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, is more likely to be significant if it lasts more than one
diel cycle or recurs 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 exposed to
activity-related stressors for multiple days or, further, that exposure
results 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 consequences of stampeding (typically a response to
startle and/or avoidance), 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. As per
previous actions with Point Blue, another organization that conducts
research on the South Farallon Islands, stampedes have been extremely
rare at their survey locations, and no mortality from stampedes has
been documented. Given the extreme rarity of stampedes, which can be
avoided through mitigation, we do not expect any mortality to occur
from the proposed activities for this current IHA. Furthermore, no
research activities would occur at or near pinniped rookeries.
Additionally, breeding animals are concentrated in areas where field
personnel do not visit, so NMFS does not expect mother-pup separation
or crushing of pups during flushing. If pups should be present at any
of the research sites, field personnel would avoid visiting that 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
predictable, unvarying sounds. 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, in which
an unpleasant experience leads to subsequent responses, often in the
form of avoidance at lower levels 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 shown
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 comprising a combination of behavioral, autonomic
nervous system, neuroendocrine, and immune responses (e.g., Selye,
1950; Moberg, 2000). In many cases, an animal's first and sometimes
most economical (in terms of energetic costs) response is behavioral
[[Page 27295]]
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 competence, reproduction,
metabolism, and behavior, are regulated by pituitary hormones. Stress-
induced changes in pituitary hormone secretion have been implicated in
reproductive failure, altered metabolism, reduced immune competence,
and behavioral disturbances (e.g., Moberg, 1987; Blecha, 2000).
Increased glucocorticoid levels are also associated 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,
which 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 would last until the animal replenished its energetic reserves
to a level 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 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
(Eubalaena glacialis). 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 some of
these responses may be classified as ``distress.'' However, distress is
unlikely to result from these projects, based on observations of marine
mammals from previous, similar research and monitoring projects.
Marine Mammal Habitat Effects
There are no habitat modifications associated with the proposed
activities other than the presence of field personnel to perform the
proposed activities and monitor animals. No substantial construction is
anticipated for this proposed project; only activities that rise to the
level of maintenance, removal, and installation are expected, with a
small footprint relative to the entire available habitat on the South
Farallon Islands. While field personnel may be somewhat residential in
some areas during the work required for the proposed activities, they
will travel to different research sites, indicating that their presence
in any one specific area is most likely temporary. Thus, NMFS does not
expect the proposed activities to affect marine mammal habitat, and
NMFS expects there will be no long- or short-term physical impacts on
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 the proposed activities would occur onshore
and the prey species for pinnipeds are 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 by 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 Estimation
In this section, we provide information on the occurrence of marine
mammals to inform the take calculations. Then, we describe how the
information provided above is synthesized to produce a quantitative
estimate of the take that is reasonably likely to occur and proposed
for authorization.
Occurrence data for each pinniped species is based on the unique
expertise of field staff working and managing resources in the project
area, as well as based on local, collaborative work with other partners
(Point Blue) who work in the Farallon Islands and conduct weekly counts
of species (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., Point
Blue'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). All research, monitoring, and management
activities for this proposed IHA are expected to affect any ages and
sexes of pinnipeds, except very young pups, because field personnel
will not enter or approach breeding areas close enough to disturb young
pups or their mothers.
For the activities specific to the USFWS Refuge, the USFWS Refuge
has requested, and we have proposed, to authorize the same amount of
Level B harassment take under this 2026-2027 proposed IHA as was
authorized for their activities in the last IHA (90 FR 42750, September
4, 2025) (table 2). The previously requested take numbers were
calculated based on the number of species of marine mammals generally
present on the islands (particularly near haulouts, work areas,
helicopter flight paths, and boat landings) and the frequency of the
planned activities.
[[Page 27296]]
[GRAPHIC] [TIFF OMITTED] TN14MY26.021
For the activities specific to the GFNMS, we propose to authorize
takes by Level B harassment only. The requested take considers the
probability of encountering pinnipeds at the three sampling sites (Blow
Hole Peninsula, Dead Sea Lion Flat, and Mussel Flat), according to
weekly data from Point Blue and GFNMS staff from 2018 to 2024
(Warzybok, 2024), and as shown in table 3. The calculation assumes that
a maximum of two visits would occur at Mussel Flat, and a maximum of
three visits would be needed at Blow Hole Peninsula and Dead Sea Lion
Flat between November 1, 2026, and March 15, 2027.
[GRAPHIC] [TIFF OMITTED] TN14MY26.022
Table 4 presents the total Level B harassment takes that the USFWS
Refuge has requested for authorization. NMFS concurs with these
estimates and proposes to authorize them.
[[Page 27297]]
[GRAPHIC] [TIFF OMITTED] TN14MY26.023
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 adverse
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 the
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 mitigation requirements described in the following were
proposed by the USFWS Refuge in its adequate and complete application
or are the result of subsequent coordination between NMFS and the USFWS
Refuge. The USFWS Refuge has agreed that all the mitigation measures
are practicable. NMFS has fully reviewed the specified activities and
the mitigation measures to determine if the mitigation measures would
result in the least practicable adverse impact on marine mammals and
their habitat, as required by the MMPA, and has determined that the
proposed measures are appropriate. NMFS describes these below as
proposed mitigation requirements and has included them in the proposed
IHA.
In addition to the measures described later in this section, the
USFWS Refuge would follow these general mitigation measures:
<bullet> Takes proposed for authorization, by Level B harassment
only, would be limited to the species and numbers listed in table 4.
<bullet> All activities would be required to be halted upon
observation of either a species for which incidental take was not
authorized or for a species for which incidental take has been
authorized but the number of takes has been met, if the IHA is issued;
<bullet> The taking by Level A harassment, serious injury, or death
of any of the species listed in table 4 or any taking of any other
species of marine mammal would be prohibited and would result in the
modification, suspension, or revocation of the IHA, if issued. Any take
exceeding the authorized amounts listed in table 4 would be prohibited
and would result in the modification, suspension, or revocation of the
IHA, if issued; and
<bullet> Ensure that all relevant staff are trained prior to the
start of any research, monitoring, and management activities, so that
responsibilities, communication procedures, marine mammal monitoring
protocols, and operational procedures are clearly understood. New
personnel joining during the project must be trained prior to
commencing work.
In addition to the general mitigation measures described above, the
USFWS Refuge would follow these mitigation measures:
<bullet> When safety permits, field personnel must slowly approach
shore for boat landings to avoid causing a stampede, to provide animals
with the opportunity to enter the water, and to avoid vessel strikes;
<bullet> Field personnel must observe a site from a distance, using
binoculars if necessary, to detect any marine mammals prior to approach
to determine if mitigation is required (i.e., activities must not be
conducted if pinnipeds are present to the extent possible; if other
pinnipeds are present, field personnel must approach with caution,
walking slowly, quietly, and close to the ground to avoid surprising
any hauled out individuals and to reduce flushing/stampeding of
individuals);
<bullet> Field personnel must maintain a safe distance from marine
mammals and not approach any marine mammals while conducting the
specified activities, unless it is absolutely necessary to flush or
cause a marine mammal to move to continue conducting activities (i.e.,
if a site
[[Page 27298]]
cannot be accessed or sampled due to the presence of a pinniped);
<bullet> All persons must monitor for offshore predators and must
not approach hauled out pinnipeds if great white sharks (Carcharodon
carcharias) or killer whales (Orcinus orca) are observed. If pinniped
predators are seen in the area, field personnel must not disturb the
pinnipeds until the area is free of predators;
<bullet> Field personnel must avoid visits to sites where pups are
present at a site, if the number of takes that have been granted for a
species is met, or when a species for which authorization has not been
granted is observed or is present;
<bullet> Field personnel must coordinate research visits to
intertidal areas of the Southeast Farallon Island to reduce potential
take and coordinate research activities to minimize the number of trips
to the island;
<bullet> Beach landings on Southeast Farallon Island must only
occur after pinnipeds that might be present on the landing beach have
entered the water;
<bullet> Helicopter transits must be designed and performed in a
manner that reduces disturbance to pinnipeds and avoids disturbance
during breeding/pupping periods, where feasible (i.e., haul outs near
Mussel Flats); and
<bullet> Helicopter transits are only permitted from September
through March 15.
NMFS conducted an independent evaluation of the proposed measures
and 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 both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the 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 monitoring and reporting requirements described in the
following were proposed by the USFWS Refuge in their adequate and
complete application and/or are the result of subsequent coordination
between NMFS and the Refuge. The Refuge has agreed to the requirements.
NMFS describes these below as requirements and has included them in the
proposed IHA.
The proposed research and monitoring activities 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 for the research activities will
include observations by Refuge and Sanctuary staff. 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 5. 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.
[[Page 27299]]
[GRAPHIC] [TIFF OMITTED] TN14MY26.024
Furthermore, the following monitoring protocols for the 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 activities 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 Protected Species Observer
data sheets (in electronic spreadsheet format). Specifically, the
report must include:
<bullet> Dates and times (beginning and end) of all marine mammal
monitoring;
<bullet> Observer locations during marine mammal monitoring; and
<bullet> Environmental conditions during monitoring periods (at the
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.
<bullet> Upon observation of a marine mammal, the following
information must be reported:
<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 the implementation of any
mitigation, a description of the specified actions that ensued, and
resulting changes in the 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 the USFWS Refuge receive comments from
NMFS, a final summary report addressing NMFS' comments must be
submitted within 30 days after receipt of comments.
Additionally, the USFWS would be required to undertake situational
reporting to the NMFS West Coast Regional Office (562-980-3230) for
marked or tag-bearing pinnipeds or carcasses, or for any unusual
behaviors, distributions, or numbers of pinnipeds.
Reporting Injured or Dead Marine Mammals
If, at any time, the specified activities clearly cause 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#c39391ed8a9793ed8eacadaab7acb1aaada491a6b3acb1b7b083adaca2a2eda4acb5"><span class="__cf_email__" data-cfemail="79292b57302d2957341617100d160b10171e2b1c09160b0d0a3917161818571e160f">[email protected]</span></a> and ITP.<a href="/cdn-cgi/l/email-protection#b2f5c0d3dad3dff2dcddd3d39cd5ddc4"><span class="__cf_email__" data-cfemail="e3a491828b828ea38d8c8282cd848c95">[email protected]</span></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);
[[Page 27300]]
(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 could review the
circumstances of the prohibited take. NMFS will work with the USFWS to
determine the measures necessary to minimize the likelihood of further
prohibited take and to ensure MMPA compliance. The USFWS may not resume
the activities until notified by the NMFS Office of Protected
Resources.
In the event that field personnel discover an injured or dead
marine mammal and determine 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 NMFS Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#08585a26415c5826456766617c677a61666f5a6d78677a7c7b4866676969266f677e"><span class="__cf_email__" data-cfemail="ebbbb9c5a2bfbbc5a68485829f849982858cb98e9b84999f98ab85848a8ac58c849d">[email protected]</span></a> and ITP.<a href="/cdn-cgi/l/email-protection#044376656c6569446a6b65652a636b72"><span class="__cf_email__" data-cfemail="e2a590838a838fa28c8d8383cc858d94">[email protected]</span></a>) and the
NMFS 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 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 would report the
incident to the NMFS Office of Protected Resources
(<a href="/cdn-cgi/l/email-protection#4d1d1f6304191d630022232439223f24232a1f283d223f393e0d23222c2c632a223b"><span class="__cf_email__" data-cfemail="5101037f1805017f1c3e3f38253e23383f360334213e232522113f3e30307f363e27">[email protected]</span></a> and ITP.<a href="/cdn-cgi/l/email-protection#531421323b323e133d3c32327d343c25"><span class="__cf_email__" data-cfemail="efa89d8e878e82af81808e8ec1888099">[email protected]</span></a>) and the
NMFS West Coast Regional Stranding Coordinator (562-980-3230) within 24
hours of the discovery. The USFWS 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 activities 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 upon which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any impacts or responses (e.g., intensity, duration),
the context of any impacts or responses (e.g., critical reproductive
time or location, foraging impacts affecting energetics), as well as
effects on habitat, and the likely effectiveness of the mitigation. We
also assess the number, intensity, and context of estimated takes by
evaluating this information relative to population status. Consistent
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the baseline (e.g., as reflected in the regulatory status of
the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
To avoid repetition, the discussion of our analysis applies to all
the species listed in table 1, given that the anticipated effects of
these activities on these different marine mammals 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 (see the Potential
Effects of Specified Activities section) and based on the following
factors, NMFS does not expect the proposed 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 the proposed activities may disturb marine mammals,
NMFS expects impacts to occur to localized groups of animals at or near
the activity sites. Regarding research activities, behavioral
disturbance is expected to be limited to short-term startle responses
and localized behavioral changes, given the brief duration of these
activities (at most 4-5 hours from November 1 through March 15). All
construction work (specific to facilities maintenance, repair, removal,
and minor construction activities) would be limited to 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 when the weather is less than optimal and safe
for boat landings (much of the fall and 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 a 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) will generally allow marine mammals to
reoccupy haulouts relatively quickly; therefore, these disturbances are
not expected 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 if pups are observed. Furthermore,
breeding animals tend to be concentrated in areas that field personnel
are not scheduled to visit. Therefore, NMFS does not expect mother-pup
separation or crushing of pups during potential stampedes into the
water.
Regarding effects on animals on the South Farallon Islands, field
personnel will, where possible, delay their ingress into the landing
areas until after pinnipeds enter the water, and will cautiously
operate vessels at slow speeds. For helicopters, while some limited
effects have been documented in the literature (see the Potential
Effects of the Specified Activities section), any behavioral effects
are expected to be temporary and fleeting, given that helicopters would
primarily be transiting, landing, or taking off. To reduce effects,
helicopter operations are permitted only between September 1 and March
15; at all other times of the year, helicopter use would be prohibited,
thereby avoiding the breeding season for marine mammals on the South
Farallon Islands. Only limited access would be permitted to pinniped
pupping areas, so mother-pup separation is not expected. Lastly, the
[[Page 27301]]
helicopter flight path has been developed to minimize disturbance to
wildlife, as most pinniped haulouts (except Mussel Flat) are 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
these activities 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, nor is it
proposed for authorization;
<bullet> The intensity of anticipated takes by Level B harassment
is relatively low for all pinniped stocks. Level B harassment would be
in the form of behavioral disturbance, resulting in temporary avoidance
of the project areas where field personnel would be 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 are not expected to result in
significant or long-term consequences for individuals or 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, using hushed voices)
should further decrease disturbance levels.
Based on the analysis contained herein of the likely effects of the
specified activities 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 activities 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 abundance estimate for the relevant species or
stock in determining 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.
Table 4 indicates the total number of animals that could be exposed
to human disturbance and that could cause Level B harassment during the
proposed activities. Our analysis shows that less than one-third of
each affected stock could be taken by Level B harassment. The number of
animals proposed for authorization that could be taken from these
stocks would be considered small relative to the relevant stocks'
abundance, even if each estimated take occurred to a new individual.
While there is a potential for some individuals to be taken multiple
times per day, field personnel would count them as separate takes if
they cannot be individually identified.
Based on the analysis contained herein of the proposed activities
(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 species or stocks 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 of 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 ensure 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 in issuing incidental take authorizations, NMFS
consults internally whenever we propose to authorize take for ESA-
listed species.
No incidental take of ESA-listed species is proposed for
authorization or expected to result from these activities. 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 in the South Farallon Islands at the Farallon
Islands National Wildlife Refuge off San Francisco, CA, 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 proposed
research, monitoring, and management activities. We also request
comments 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
Activities section of this notice is planned or (2) the activities as
described in the Description of Proposed Activities 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., a reduction in the number of research
[[Page 27302]]
sites) 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: May 12, 2026.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2026-09694 Filed 5-13-26; 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>Indexed from Federal Register on May 14, 2026.
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.