[Federal Register Volume 75, Number 46 (Wednesday, March 10, 2010)]
[Notices]
[Pages 11121-11129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5012]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XU31
Incidental Takes of Marine Mammals During Specified Activities;
Replacement and Repair of Fur Seal Research Observation Towers and
Walkways on St. Paul Island, Alaska
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed Incidental Harassment Authorization; request
for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS has received an application from the NMFS, Alaska Region
(NMFS AKR) for an Incidental Harassment Authorization (IHA) to take
small numbers of marine mammals, by Level B harassment, incidental to
conducting replacement and repair of northern fur seal research
observation towers and walkways on St. Paul Island,
[[Page 11122]]
Alaska, from April to June and December, 2010. NMFS has reviewed the
application, including all supporting documents, and determined that it
is adequate and complete. Pursuant to the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to issue an IHA to
NMFS AKR to take, by Level B harassment only, marine mammals incidental
to specified activities within the specified geographic region.
DATES: Comments and information must be received no later than April
9, 2010.
ADDRESSES: Comments on the application should be addressed to P.
Michael Payne, Chief, Permits, Conservation and Education Division,
Office of Protected Resources, National Marine Fisheries Service, 1315
East-West Highway, Silver Spring, MD 20910-3225. The mailbox address
for providing email comments is [email protected]. NMFS is not
responsible for e-mail comments sent to addresses other than the one
provided here. Comments sent via e-mail, including all attachments,
must not exceed a 10-megabyte file size.
All comments received are a part of the public record and will
generally be posted to http://www.nmfs.noaa.gov/pr/permits/incidental.htm without change. All Personal Identifying Information
(for example, name, address, etc.) voluntarily submitted by the
commenter may be publicly accessible. Do not submit Confidential
Business Information or otherwise sensitive or protected information.
A copy of the application containing a list of the references used
in this document may be obtained by writing to the address specified
above, telephoning the contact listed below (see FOR FURTHER
INFORMATION CONTACT), or visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this
notice may be viewed, by appointment, during regular business hours, at
the aforementioned address.
FOR FURTHER INFORMATION CONTACT: Howard Goldstein or Jolie Harrison,
Office of Protected Resources, NMFS, 301-713-2289.
SUPPLEMENTARY INFORMATION:
Background
Section 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
directs the Secretary of Commerce to allow, upon request, the
incidental, but not intentional, taking of marine mammals by U.S.
citizens who engage in a specified activity (other than commercial
fishing) within a specified geographical region if certain findings are
made and either regulations are issued or, if the taking is limited to
harassment, a notice of a proposed authorization is provided to the
public for review.
An authorization to take small numbers of marine mammals by
harassment 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 subsistence uses (where relevant), and if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth to achieve the
least practicable adverse impact. NMFS has defined ``negligible
impact'' in 50 CFR 216.103 as ''...an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival.''
Section 101(a)(5)(D) of the MMPA established an expedited process
by which citizens of the United States can apply for an authorization
to incidentally take small numbers of marine mammals by harassment.
Except with respect to certain activities not pertinent here, the MMPA
defines ``harassment'' as:
any act of pursuit, torment, or annoyance which (i) has the
potential to injure a marine mammal or marine mammal stock in the wild
[Level A harassment]; or (ii) has the potential to disturb a marine
mammal or marine mammal stock in the wild by causing disruption of
behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering [Level B
harassment].
16 USC 1362(18).
Section 101(a)(5)(D) establishes a 45-day time limit for NMFS
review of an application followed by a 30-day public notice and comment
period for any proposed authorizations for the incidental harassment of
marine mammals. Within 45 days of the close of the comment period, NMFS
must either issue or deny the authorization.
Summary of Request
On February 2, 2010, NMFS received a letter from NMFS AKR
requesting an IHA to authorize the take, by Level B harassment, of
small numbers of northern fur seals (Callorhinus ursinus) incidental to
conducting replacement and repair operations for fur seal research
observation towers and walkways on St. Paul Island, Alaska.
NMFS is currently contracting demolition, repair, and select
replacement of northern fur seal observation towers and walkways. The
original timing restrictions for this project would have allowed human
presence and work on the rookeries only until April 20, 2010, which
would have made the incidental take of northern fur seals unlikely.
However, the proposed construction season has been extended to the
first week of June in order to provide flexibility in the construction
schedule to complete the replacement and repair of the observation
towers and walkways during a single winter and spring season. NMFS AKR
has identified a need to authorize the incidental taking of northern
fur seals hauling out on St. Paul Island during their intermittent and
early season presence through early June.
The purpose of the replacement and repair operations is to provide
safe access for fur seal researchers into the dense breeding
aggregations of northern fur seals. Safe access for researchers is
required because northern fur seals exhibit strong site fidelity,
tenacity, and high levels of aggression within dense aggregations. In
addition, non-territorial fur seals are sensitive to human presence
within and near breeding areas as a result of visual, auditory, and
olfactory stimuli. The observation towers and walkways provide elevated
access to observe and count breeding and resting fur seals, reducing
stimuli that influence fur seal behavior. Additional information on the
construction project is contained below and in the IHA application,
which is available upon request (see ADDRESSES).
Description of the Proposed Specified Activities
NMFS AKR is currently contracting demolition, repair and select
replacement of northern fur seal research infrastructure on St. Paul
Island, Alaska. The objective of this work is to repair 47 fur seal
observation towers and their associated walkways within fur seal
breeding areas around the island. Prior to the replacement phase of the
project, old towers and walkways will need to be demolished. The
replacement work will occur at the Reef rookery (i.e., breeding area),
if funding is available in future years it will occur at other sites.
Seven observation towers will be replaced at the Reef rookery, and the
long term plan is to replace and repair the remaining 40 towers at the
other rookeries around the island (depending on funding).
Construction crews will be using hand carpentry techniques,
possibly supplemented with small gasoline generators, and pneumatic
tools. Most construction sites are inaccessible to
[[Page 11123]]
vehicles with the exception of all-terrain vehicles and equipment or
snow machines, if conditions allow. Crews will be primarily accessing
the immediate worksites by foot. The proposed action includes summer
and fall construction restrictions to protect northern fur seals from
disturbances during the breeding and pup rearing period. Repair and
replacement activities will include human presence within the fur seal
breeding areas and use of all-terrain and four-wheel drive vehicles to
transport personnel, equipment, and materials. Construction crews will
use hand and power tools, gas-powered generators, and air compressors.
Construction crews will need to demolish and remove old towers and
walkways prior to replacement of new structures. Large boulders or
uneven terrain will be altered to facilitate construction or access to
areas where new foundations are to be placed.
NMFS AKR biologists will begin daily marine mammal monitoring for
the presence of fur seals on April 20, 2010 and record the number and
response of northern fur seals to the proposed actions until June 7,
2010. Construction activities will cease and demobilization will begin
if the incidental taking of northern fur seals is predicted to exceed
that authorized in the IHA prior to June 1, 2010, otherwise all
activities will be completed on the rookeries by June 7, 2010.
Additional details regarding the proposed action can be found in
the IHA application and Draft Environmental Assessment (EA).
Proposed Dates, Duration, and Location of Specified Activity
The research walkways and towers will be repaired and replaced on
St. Paul Island, Alaska from January 4, 2010, through June 7, 2010, and
again in December, 2010 if necessary and authorized. The proposed dates
of the authorization will be from April 20 to June 7, 2010, and
December 1 to 31, 2010, which is during the presence of fur seals at
the location of the specified activity. See below for information
regarding when northern fur seals arrive (i.e., when incidental take
starts occurring).
Description of Marine Mammals and Habitat Affected in the Proposed
Activity Area
Several marine mammal species are known to or could occur in the
Bering Sea off the Alaska coastline (see Table 1 below). The northern
fur seal is the only species of marine mammal managed by NMFS that may
be present in the project area during the construction project.
Northern fur seals are not listed as threatened or endangered under the
Endangered Species Act (ESA), but are designated as depleted under the
MMPA. Other marine mammal species managed by NMFS that inhabit the
Bering Sea, but are not anticipated to occur in the Bering Sea project
area during the replacement and repair activities, are listed in Table
1 (below). Polar bears and Pacific walrus also occur in the Bering Sea,
but they are not addressed further, since they are managed under the
jurisdiction of the U.S. Fish and Wildlife Service (USFWS).
The marine mammals that occur in the proposed action area belong to
four taxonomic groups: mysticetes (baleen whales), odontocetes (toothed
whales), pinnipeds (seals, sea lions, and walrus), and carnivores
(polar bears). Table 1 below outlines the marine mammal species and
their habitat in the region of the proposed activity area.
Table 1. The Habitat and Conservation Status of Marine Mammals Inhabiting the Proposed Sstudy Area in the U.S.
Bering Sea off of Alaska.
----------------------------------------------------------------------------------------------------------------
Species Habitat ESA\1\
----------------------------------------------------------------------------------------------------------------
Mysticetes Pack ice and coastal EN
Bowhead whale (Balaena mysticetus)
----------------------------------------------------------------------------------------------------------------
North Pacific right whale (Eubalaena japonica) Coastal and shelf EN
----------------------------------------------------------------------------------------------------------------
Gray whale (Eschrichtius robustus) Coastal and lagoons NL
----------------------------------------------------------------------------------------------------------------
Humpback whale (Megaptera novaeangliae) Mainly nearshore waters and EN
banks
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera acutorostrata) Shelf and coastal NL
----------------------------------------------------------------------------------------------------------------
Sei whale (Balaenoptera borealis) Primarily offshore and EN
pelagic
----------------------------------------------------------------------------------------------------------------
Fin whale (Balaenoptera physalus) Slope, mostly pelagic EN
----------------------------------------------------------------------------------------------------------------
Blue whale (Balaenoptera musculus) Pelagic and coastal EN
----------------------------------------------------------------------------------------------------------------
Odontocetes Widely distributed NL
Killer whale (Orcinus orca)
----------------------------------------------------------------------------------------------------------------
Beluga whale (Delphinapterus leucas) Coastal, ice edges NL
----------------------------------------------------------------------------------------------------------------
Baird's beaked whale (Berardius bairdii) Pelagic NL
----------------------------------------------------------------------------------------------------------------
Stejneger's beaked whale (Mesoplodon stejnegeri) Likely pelagic NL
----------------------------------------------------------------------------------------------------------------
Harbor porpoise (Phocoena phocoena) Coastal, inland waters NL
----------------------------------------------------------------------------------------------------------------
Dall's porpoise (Phocoenoides dalli) Slope, offshore waters NL
----------------------------------------------------------------------------------------------------------------
Pinnipeds Pelagic, breeds coastally NL
Northern fur seal (Callorhinus ursinus)
----------------------------------------------------------------------------------------------------------------
[[Page 11124]]
Steller sea lion (Eumetopias jubatus) Mostly pelagic, high relief EN
----------------------------------------------------------------------------------------------------------------
Bearded seal (Erignathus barbatus) Ice NL
----------------------------------------------------------------------------------------------------------------
Spotted seal (Phoca largha) Pack ice Proposed T (Southern
DPS)
NL (Okhotsk and Bering
DPSs)
----------------------------------------------------------------------------------------------------------------
Ringed seal (Phoca hispida) Landfast and pack ice NL
----------------------------------------------------------------------------------------------------------------
Ribbon seal (Histriophoca fasciata) Landfast and pack ice NL
----------------------------------------------------------------------------------------------------------------
Pacific harbor seal (Phoca vitulina richardsi) Coastal NL
----------------------------------------------------------------------------------------------------------------
Pacific Walrus (Odobenus rosmarus divergens) Ice, coastal NL
----------------------------------------------------------------------------------------------------------------
Carnivores Ice, coastal T
Polar bear (Ursus maritimus marinus)
----------------------------------------------------------------------------------------------------------------
\1\ U.S. Endangered Species Act: EN = Endangered, T = Threatened, NL = Not listed
Not all of these species (listed in Table 1 above) are expected to
be harassed from the described proposed activities. Because the
activities are occurring on land, only northern fur seals are expected
to be disturbed by the project.
Northern fur seals (Callorhinus ursinus) are likely to be found
within the activity area. Northern fur seals are seasonal residents on
St. Paul Island, and may be found on the breeding and resting areas
around the island from late April until early December.
Adult males are the most likely group of northern fur seals to be
encountered on St. Paul during the spring of 2010. By June 1, 2010,
NMFS estimates about 50 percent of the maximum count of adult males
will be on all the St. Paul Island breeding areas of 4,976 adult male
northern fur seals. NMFS' estimate includes territorial males, and non-
territorial males.
In addition, NMFS estimates intermittent arrival and departure of
few sub-adult males during the winter and spring. Most sub-adult male
seals begin arriving during the last week of May resulting in a few
tens to a hundred seals at any of the hauling grounds on St. Paul
Island (Gentry, 1981)
Northern Fur Seal
Northern fur seals occur from southern California north to the
Bering Sea and west to the Okhotsk Sea and Honshu Island, Japan. During
the summer breeding season, most of the worldwide population is found
on the Pribilof Islands in the southern Bering Sea, with the remaining
animals on rookeries in Russia, on Bogoslof Island in the southern
Bering Sea, and on San Miguel Island off Southern California (Lander
and Kajimura, 1982; NMFS, 1993). This species may temporarily haul-out
onto land at other sites in Alaska, British Columbia, and on islets
along the coast of the continental U.S., but generally do so outside of
the breeding season (Fiscus, 1983).
Northern fur seals are colonial breeding pinnipeds that exhibit
strong site fidelity and currently breed on a few islands in the North
Pacific Ocean and Bering Sea. Adult male fur seals, about three to five
times larger than females, arrive at rookeries prior to the late June/
July breeding season and defend territories within the rookery.
Beginning in mid-June the rookeries are occupied by breeding females,
who within a few days give birth and begin nursing their single pup.
Lactating females cycle between on shore attendance and at-sea foraging
trips during the nursing period (July to November).
NMFS designated the Pribilof Islands northern fur seal population
depleted on June 17, 1988 (53 FR 17888) because it declined to less
than 50 percent of levels observed in the late 1950s and no compelling
evidence suggested that the northern fur seal carrying capacity of the
Bering Sea had changed substantially since the late 1950s. Towell and
Ream (2008) report that the 2008 pup production estimate for St. Paul
Island was 6.6 percent less than the estimate in 2006. The 2008 pup
production estimate for St. George Island was 6.4 percent greater than
the estimate in 2006. Since the depleted designation in 1988 pup
production on St. Paul Island has declined by 40 percent (171,610 pups
born to 102,674) and on St. George Island by 27 percent (24,280 pups
born to 18,160).
Male northern fur seals arrive on all of their breeding islands in
reverse proportion to their age. That is, the oldest seals arrive first
followed by progressively younger seals. Thus adult males nine years
old and older arrive as early as late April and persist intermittently
at first and then permanently (for territorial males) for the duration
of their tenure on the island which generally ranges for about 30 to 60
days (Gentry, 1998). All non-territorial males (i.e., younger than 7
years old) arrive on the island and cycle between fasting and resting
on shore and foraging trips at sea from June through November (Sterling
and Ream, 2004). Fur seals can be observed on and near St. Paul Island
in nearly every month of the year, but the probability of encountering
a hauled-out fur seal in any month from December until April is highly
uncertain and near zero for any particular day.
Two separate stocks of northern fur seals are recognized within
U.S. waters, an Eastern Pacific stock and a San Miguel Island stock.
The most recent estimate for the number of fur seals in the Eastern
Pacific stock, based on pup counts from 2002 on Sea Lion Rock, from
2006 on the Pribilof Islands, and from 2005 on Bogoslof Island is
665,500 animals. The minimum population estimate is 654,437 animals;
this estimate includes the first pup counts on Bogoslof Island in more
than 5 years and does not indicate population increase.
NMFS anticipates that no northern fur seals will be injured,
seriously injured,
[[Page 11125]]
or killed during the replacement and repair activities with
incorporation of the described proposed mitigation and monitoring
measures. Because of the proposed mitigation and monitoring
requirements discussed in this document, NMFS and NMFS AKR believes it
is highly unlikely that the proposed activities would have the
potential to injure (Level A harassment), or cause serious injury, or
mortality of northern fur seals; however, they may temporarily leave or
avoid the area where the proposed construction activities may occur,
thus resulting in Level B harassment. NMFS AKR has requested the
incidental take of 579 adult male northern fur seals (9,785 times) and
1,000 sub-adult northern male fur seals (one time) or 1,579 total
individual northern fur seals for the proposed action. The requested
take is approximately 0.24 percent of the estimated minimum (654,437)
Eastern Pacific stock. NMFS has determined that the number of requested
incidental takes for the proposed action is small relative to
population estimates of northern fur seals.
Further information on the biology and local distribution of these
species and others in the region can be found in NMFS AKR's
application, which is available upon request (see ADDRESSES), and the
NMFS Marine Mammal Stock Assessment Reports, which are available online
at: http://www.nmfs.noaa.gov/pr/species/.
Potential Effects of Activities on Marine Mammals
All anticipated takes likely to occur incidental to the proposed
construction activities would be Level B harassment (as defined in 50
CFR 216.3), involving short-term, temporary changes in behavior.
Incidental harassment may result if hauled-out animals move away from
the field crew personnel. For the purpose of estimating the number of
pinnipeds taken by these activities, NMFS assumes that pinnipeds that
move or change the direction of their movement in response to the
presence of field crew personnel are taken by Level B harassment.
Animals that merely raise their head and look at the field crew
personnel are not considered to have been taken.
Some adult seals may depart, but NMFS AKR anticipates most will
alter their activity budgets due to stimuli related construction. NMFS
used the 2006 adult male counts because they were available and
partitioned by section, and because the continued decline of northern
fur seals provided us with a conservative (i.e., biased high) estimate.
NMFS estimates about five percent of the adult males, less than one
percent of sub-adult males, and no females or pups on St. Paul Island
will be exposed to the proposed construction activities. NMFS
anticipates sub-adult seals will be displaced from their resting areas
if encountered during construction. The NMFS AKR anticipates there will
be no significant impact on the species or stock of northern fur seals
from the proposed construction activity on the rookeries prior to and
after the breeding season.
Given the considerations noted above, and the small proportion of
the total northern fur seal population potentially disturbed by the
proposed construction activity, the effects of operations are expected
to be limited to short-term and localized displacement (behavioral
changes) within the work sites involving relatively small numbers of
seals. The effects of the proposed construction operations fall within
the MMPA definition of Level B harassment. The impacts of the proposed
construction activities are expected to be negligible for the northern
fur seal stock and populations.
Potential Effects of Activities on Marine Mammal Habitat
The NMFS AKR does not anticipate any negative impact on northern
fur seal habitat from the demolition, repair, and replacement of
observation towers and walkways on St. Paul Island. These structures
have been located in nearly the same areas for at least 50 years at
some locations and northern fur seals continue to use the habitat
around the structures. The demolition and removal of condemned
structures will restore some small areas of fur seal habitat. The
replacement and repair of observation towers and walkways will likely
result in no net change or modification to marine mammal habitat.
Consequently, construction activities are anticipated to have a
negligible impact on the local northern fur seal population and their
habitat.
Number of Marine Mammals Expected to be Incidentally Taken by the
Proposed Activity
The NMFS AKR is requesting take, by Level B harassment only, of
male northern fur seals. The method of taking will be from a
combination of human presence, scent, and airborne construction noise.
Table 2. Summary of incidental taking by harassment of northern fur seals during construction activities on St. Paul Island
Prior to April Week 1 Week 2 Week 3 Week 4 week 5 Total
25, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Adult Male Northern Fur Seal 0 8 seals taken 115 seals taken 232 seals taken 463 seals taken 579 seals taken 579 seals taken
58 times 811 times 1,621 times 3,242 times 4,053 times 9,785 times
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sub-adult Male Fur Seal 50 seals taken 50 seals taken 150 seals taken 200 seals taken 250 seals taken 300 seals taken 1,000 seals
once once once once once once taken once
--------------------------------------------------------------------------------------------------------------------------------------------------------
Most adult male northern fur seals will be incidentally taken by
harassment multiple times. NMFS AKR anticipates approximately 230 of
the 579 adult males will be taken once. These single takes by
harassment are of the estimated non-territorial adult males predicted
to be present and will likely depart due to the noise, presence or
scent of the construction activities on the rookery. NMFS estimates the
remaining 349 adult male northern fur seals are territorial at Reef
rookery on St. Paul Island during the five week period beginning late
April, 2010 and will not depart. NMFS predicts these territorial males
may change the time spent in certain behaviors due to the presence,
noise, or scent due to construction activities on the rookery.
The number of incidental takes by harassment was derived from 2006
adult male counts from the National Marine Mammal Laboratory (NMML)
from Reef rookery (Fowler et al., 2006) and was
[[Page 11126]]
corrected based on the timing of arrival curve from Gentry (1998).
Rookeries are divided into sections allowing easier tabulation of
counts and the maximum counts in each section have been divided by the
percentage estimated on land for each week in Tables 3a to 3e (below).
NMFS summed the daily take estimates into weekly bins (Table 3a to 3e)
because few animals were predicted on land in late April and early May,
but those few animals would likely to be taken repeatedly during the
week and every subsequent week. Table 3 shows fractional daily taking
within each section, summed for the week, and rounded up into Table 2.
NMFS estimates an additional 1,000 sub-adult male seals may be
encountered during the construction or repair activities at Reef or
other rookeries (Table 2).
Table 3a. Estimated daily take of adult male northern fur seals on Reef rookery for the last week of April. Estimate based on one percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 0.13 0.26 0.27 0.1 0.22 0.21 0.05 0.27 0.22 0.11 0.03
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 0.48 0.81 0.63 0.46 0.67 0.7 0.01 0.66 0.37 0.28 0.04
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 0.08 0.27 0.4 0.47 0.31 0.13 0.15 0.31 0.34 0.72 1.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 1: 57.9
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3b. Estimated daily take of adult male northern fur seals on Reef rookery for the first week of May. Estimate based on 10 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 1.3 2.6 2.7 1 2.2 2.1 0.5 2.7 2.2 1.1 0.3
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 4.8 8.1 6.3 4.6 6.7 7 0.1 6.6 3.7 2.8 0.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 0.8 2.7 4 4.7 3.1 1.3 1.5 3.1 3.4 7.2 14.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 2: 810.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3c. Estimated daily take of adult male northern fur seals on Reef rookery for the second week of May. Estimate based on 20 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 2.6 5.2 5.4 2 4.4 4.2 1 5.4 4.4 2.2 0.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 9.6 16.2 12.6 9.2 13.4 14 0.2 13.2 7.4 5.6 0.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 1.6 5.4 8 9.4 6.2 2.6 3 6.2 6.8 14.4 28.42
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 3: 1621.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 3d. Estimated daily take of adult male northern fur seals on Reef rookery for the third week of May. Estimate based on 40 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 5.2 10.4 10.8 4 8.8 8.4 2 10.8 8.8 4.4 1.2
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 19.2 32.4 25.2 18.4 26.8 28 0.4 26.4 14.8 11.2 1.6
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 3.2 10.8 16 18.8 12.4 5.2 6 12.4 13.6 28.8 56.8
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 4:
3242.4
--------------------------------------------------------------------------------------------------------------------------------------------------------
[[Page 11127]]
Table 3e. Estimated daily take of adult male northern fur seals on Reef rookery for the last week of May. Estimate based on 50 percent of the maximum
2006 bull counts.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Class Bull Section
-----------------------------------------------------------------------------------------------------------------------------------------------------------
1 2 3 4 5 6 7 8 9 10 11
------------------------------------------------------------------------------------------------------------------------------------------------------ ----
2 6.5 13 13.5 5 11 10.5 2.5 13.5 11 5.5 1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 24 40.5 31.5 23 33.5 35 0.5 33 18.5 14 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
5 4 13.5 20 23.5 15.5 6.5 7.5 15.5 17 36 71
--------------------------------------------------------------------------------------------------------------------------------------------------------
Total Taking by Harassment Week 5: 4053
--------------------------------------------------------------------------------------------------------------------------------------------------------
NMFS and NMFS AKR estimate that the incidental ``take by
harassment'' could be up to 579 adult male northern fur seals taken
9,785 times and 1,000 sub-adult male northern fur seals taken once
during the proposed action.
Proposed Mitigation
In order to issue an Incidental Take Authorization under Section
101(a)(5)(D) of the MMPA, NMFS must set forth the permissible methods
of taking pursuant to such activity, and other means of effecting the
least practicable adverse impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses.
Northern fur seals are the only marine mammal species managed by
NMFS expected to be present in the project area during the planned
construction activities. The construction season has been chosen based
on the minimum likelihood of encountering breeding and nursing northern
fur seals. The amount of work and weather conditions during the winter
season necessitates providing some contingency arrangements for work to
be completed when few if any fur seals are found on land. In addition,
the outlying periods requested are prior to the arrival and after the
departure of the most sensitive fur seals (i.e., adult females and
unweaned pups). Gentry (1998) experimented with complete displacement
in early June of territorial males from their terrestrial sites. He
found that over 80 percent of adult males returned with in seven hours
to their original territory site with less aggression than required to
originally secure the site. Thus territorial adult males are highly
resistant to disturbance at the time of year NMFS AKR is requesting
authorization for incidental harassment. Some individual territorial
males were so resistant to harassment that it required four to six
people with poles and noisemakers to move them from their sites.
Thus, the combination of a winter and spring construction season
along with incidental harassment of small numbers of adult and sub-
adult male northern fur seals will minimize the potential for adverse
impacts to the population and habitat. The habitat is further protected
because the ground is frozen and resistant to erosion and degradation
due to vehicle traffic. In addition to the mitigation described above,
NMFS AKR will also limit field personnel to approaching sites
cautiously, choosing a route that minimizes the potential for
disturbance of pinnipeds; and after each site visit, the site will be
vacated as soon as possible so that it can be re-occupied by pinnipeds
that may have been disturbed. The implementation of a monitoring and
mitigation program is expected by NMFS to achieve the least practicable
adverse impact upon the affected species or stock.
Proposed Monitoring and Reporting
In order to issue an ITA 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 IHAs
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.
NMFS AKR will begin marine mammal monitoring at Reef, Gorbatch, and
Ardiguen breeding areas to identify and count northern fur seals on
land, their response to the presence and absence of construction
activities and the timing of arrival beginning the last week of April.
In addition to counts of northern fur seals monitoring will also record
the type and duration of construction activities at each site where
northern fur seals are identified to evaluate the construction actions
potential contribution to the responses observed. Gorbatch and Ardiguen
breeding areas will provide control areas with no construction
activities to compare the timing of arrival and response of male
northern fur seals at Reef. NMFS AKR will consider before-after/
control-impact (see Underwood, 1994) study design in the final
monitoring plan, method and analysis. NMFS AKR will have monitors check
the site every morning before the arrival of field crew personnel for
seal presence and provide the best route. In addition, they would be
able to complete a ``before'' count that could provide a baseline for
estimating incidental take.
Information recorded by observers will include: species counts,
life history stage (e.g., adult, sub-adult, pup, etc.) numbers of
observed disturbances (e.g., flushed into the water; moving more than 1
m [3.3 ft], but not into the water; becoming alert and moving, but do
not move more than 1 m; and changing the direction of current
movement), descriptions of the disturbance behaviors and responses
during construction activities, closest point of approach to field crew
personnel, as well as the date, time, and weather conditions.
Observations of stampeding, other unusual behaviors, numbers, or
distributions of pinnipeds at St. Paul Island will be reported to NMFS'
NMML so that any potential follow-up observations can be conducted by
the appropriate personnel. Weather observations should be recorded
during activities and observations as they have strong influence on the
presence/absence and behavior of pinnipeds and propagation of human
scent. In addition, any chance observations of tag-bearing pinnipeds
(including carcasses) as well as any rare or unusual species of marine
mammals will be reported to NMFS.
If at any time injury, serious injury, or death of any marine
mammal occurs that may be a result of the proposed
[[Page 11128]]
construction activities, NMFS AKR will suspend construction activities
and contact NMFS immediately to determine how best to proceed to ensure
that another injury or death does not occur and to ensure that the
applicant remains in compliance with the MMPA.
Any takes of marine mammals other than those authorized by the IHA,
as well as any injuries or deaths of marine mammals, will be reported
to the Alaska Regional Administrator and NMFS Office of Protected
Resources, within 24 hours. NMFS AKR will submit a draft report to NMFS
within 90 days of completing the replacement and repair activities. The
monitoring report would contain a summary of information gathered
pursuant to the monitoring and mitigation requirements set forth in the
IHA, including detailed descriptions of observations of any marine
mammal, by species, number, age class, and sex, whenever possible, that
is sighted in the vicinity of the proposed project area; description of
the animal's observed behaviors, and the activities occurring at the
time. The location and time of each animal sighting will also be
included. A final report must be submitted to the Regional
Administrator and Chief of the Permits, Conservation, and Education
Division within 30 days after receiving comments from NMFS on the draft
final report. If no comments are received from NMFS, the draft final
report will be considered to be the final report.
Encouraging and Coordinating Research
Coordination and collaboration with Tribal ECO will be accomplished
to partner with and potentially utilize local sentinels currently
implementing a long-term monitoring program on St. Paul Island. Dr.
Paul Wade at the NMML has conducted work at this site related to
offshore observations of killer whales, and NMFS AKR will coordinate
with Dr. Wade if necessary. Northern fur seal researchers at the NMML
and North Pacific Universities Marine Mammal Consortium do not begin
their work until the arrival of adult females in late June, but NMFS
AKR will contact the Principal Investigators to ensure their plans have
not changed and whether their research may overlap with this project.
Negligible Impact and Small Numbers Analysis and Determination
The regulations at CFR 216.103 states that ``negligible impact is
an impact resulting from the specified activity that cannot be
reasonably expected to, and is not reasonably likely to, adversely
affect the species or stock through effects on annual rates of
recruitment or survival.''
Impacts from the proposed activities on northern fur seals and
their habitat are expected to be temporary and occur to a small,
localized population of marine mammals. The effects on the habitat from
the proposed construction activities are not expected to have an effect
on recruitment or survival rates. Due to the limited duration, and
monitoring and mitigation measures described above, which include
seasonal restrictions, takes will not occur during times of
significance for marine mammals. The estimated incidental ``take by
harassment'' of 579 adult male and 1,000 sub-adult male (1,579 total
individuals) northern fur seals during the proposed action is
approximately 0.24 percent of the estimated minimum (654,437
individuals) population of the Eastern Pacific stock.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the mitigation and monitoring
measures, NMFS preliminarily finds that NMFS AKR's proposed activities
would result in the incidental take of small numbers of marine mammals,
by Level B harassment only, and that the total taking from the
construction activities would have a negligible impact on the affected
species or stocks of marine mammals.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
Under the MMPA, NMFS must determine that an activity would not have
an unmitigable adverse impact on the subsistence needs for marine
mammals. While this includes usage of both cetaceans and pinnipeds, the
primary impact by construction activities is expected to be impacts
from replacement and repair of fur seal research observation towers and
walkways on northern fur seals. In 50 CFR 216.103, NMFS has defined
unmitigable adverse impact as:
An impact resulting from the specified activity: (1) that is likely
to reduce the availability of the species to a level insufficient for a
harvest to meet subsistence needs by: (i) causing the marine mammals to
abandon or avoid hunting areas, (ii) directly displacing subsistence
users, or (iii) placing physical barriers between the marine mammals
and the subsistence hunters; and (2) that cannot be sufficiently
mitigated by other measures to increase the availability of marine
mammals to allow subsistence needs to be met.
Northern fur seals are not allowed to be harvested on land by
Alaska Natives outside the harvest season described at 50 CFR 216.72.
And 50 CFR 216.72(c)(1) states that ``no fur seal may be taken on the
Pribilof Islands before June 23 of each year.'' Therefore there will be
no impact on subsistence use of northern fur seals. Steller sea lion
subsistence hunting occurs during the winter and spring on the Reef
Peninsula. Steller sea lion subsistence hunting does not occur at the
tower and walkway sites on Reef Rookery. Hunting effort is primarily
located at Gorbatch and Ardiguen Rookeries as well as the bluffs along
the east shore to the north of Reef Rookery. Other sea lion hunting
areas are not typically associated with fur seal towers and walkways
and therefore would not be affected.
NMFS AKR has discussed the potential overlap between the
construction season and location with subsistence hunting with the
Tribal Government of St. Paul Island's Ecosystem Conservation Office
(Tribal ECO) staff. The NMFS AKR has ongoing communication with Steller
sea lion hunters through the Tribal Government of St. Paul Island. As
part of the cooperative management agreement between NMFS and the
Tribal Government of St. Paul under section 119 of the MMPA, NMFS
regularly communicates agency project plans and subsistence needs and
activities. Most subsistence activities occur during the summer per the
subsistence harvest regulations at 50 CFR 216 subpart F. Annual reports
submitted to NMFS of subsistence marine mammal harvests indicate most
hunting occurs at Northeast Point. Winter subsistence harvests occur at
many locations surrounding St. Paul Island and are not concentrated at
any locations where tower or walkway work would be conducted.
The number of individual northern fur seals likely to be impacted
by construction operations is expected to be relatively low. With the
proposed monitoring and mitigation measures described above, which
include seasonal restrictions, the construction operations are not
expected to cause seals to abandon/avoid subsistence hunting areas,
directly displace subsistence users, or place physical barriers between
the marine mammals and the subsistence hunters. Effects on most
individual seals are expected to be limited to localized and temporary
displacement (Level B harassment). The taking by harassment is not
expected to result in an unmitigable adverse impact on the availability
of such species for taking for subsistence uses.
[[Page 11129]]
Endangered Species Act (ESA)
For the reasons already described in this Federal Register Notice,
NMFS has determined that the described proposed construction activities
and the accompanying IHA are not anticipated to have the potential to
adversely affect species under NMFS jurisdiction and protected by the
ESA. Consequently, NMFS has determined that a Section 7 consultation is
not required. The northern fur seal, which is the only species of
marine mammal under NMFS jurisdiction likely to occur in the proposed
action area, is not listed under the ESA.
National Environmental Policy Act (NEPA)
With its complete application, NMFS AKR prepared a draft final
Environmental Assessment for Issuance of an Incidental Harassment
Authorization for Replacement and Repair of Northern Fur Seal
Observation Towers and Walkways on St. Paul Island, Alaska, which
analyzed the direct, indirect and cumulative environmental impacts of
the proposed specified activities on marine mammals including those
listed as threatened or endangered under the ESA. Prior to making a
final decision on the IHA application, NMFS will either prepare an
independent EA, or after review and evaluation of NMFS AKR EA for
consistency with regulations published by the Council on Environmental
Quality (CEQ) and NOAA Administrative Order 216-6, Environmental Review
Procedures for Implementing NEPA, adopt the NMFS AKR EA and make a
decision of whether or not to issue a Finding of No Significant Impact
(FONSI). A copy of the draft final EA will be available upon request
(see ADDRESSES).
Preliminary Determinations
Based on NMFS AKR's application, as well as the analysis contained
herein, NMFS has preliminarily determined that the impact of the
described replacement and repair operations will result, at most, in a
temporary modification in behavior by small numbers of northern fur
seals. The effect of the proposed construction activities is expected
to be limited to short-term and localized behavioral changes.
Due to the infrequency, short time-frame, and localized nature of
these activities, the number of marine mammals, relative to the
population size, potentially taken by harassment is expected to be
small. In addition, no take by injury (Level A harassment), serious
injury, and/or death is anticipated or authorized, and take by Level B
harassment will be at the lowest level practicable due to incorporation
of the proposed monitoring and mitigation measures mentioned previously
in this document. NMFS has further preliminarily determined that the
anticipated takes will have a negligible impact on the affected species
or stock of marine mammals. Also, the proposed construction project is
not expected to result in an unmitigable adverse impact on subsistence
uses of this species.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to NMFS AKR for the harassment of small numbers (based on
populations of the species and stock) of northern fur seals incidental
to construction operations on St. Paul Island, provided the previously
mentioned mitigation, monitoring, and reporting requirements are
incorporated.
Dated: March 2, 2010.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2010-5012 Filed 3-9-10; 8:45 am]
BILLING CODE 3510-22-S