Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Seabird Research Activities in Central California

Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31759 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

RIN 0648–XF366 

Takes of Marine Mammals Incidental to 

Specified Activities; Taking Marine 

Mammals Incidental to Seabird 

Research Activities in Central 

California 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice; issuance of an incidental 

harassment authorization. 

SUMMARY: In accordance with the 

regulations implementing the Marine 

Mammal Protection Act (MMPA) as 

amended, notification is hereby given 

that we have issued an incidental 

harassment authorization (IHA) to Point 

Blue Conservation Science (Point Blue) 

to incidentally harass four species of 

marine mammals during seabird 

research activities in central California. 

DATES: This authorization is valid from 

July 7, 2017 through July 6, 2018 

FOR FURTHER INFORMATION CONTACT: 

Robert Pauline, Office of Protected 

Resources, NMFS, (301) 427–8408. 

SUPPLEMENTARY INFORMATION: 

Availability 

An electronic copy of Point Blue’s 

application and supporting documents, 

as well as a list of the references cited 

in this document, may be obtained 

online at: www.nmfs.noaa.gov/pr/ 

permits/incidental/research.htm. In case 

of problems accessing these documents, 

please call the contact listed above (see 

FOR FURTHER INFORMATION CONTACT). 

Background 

Sections 101(a)(5)(A) and (D) of the 

MMPA (16 U.S.C. 1361 et seq.) direct 

the Secretary of Commerce 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 

issued or, if the taking is limited to 

harassment, a notice of a proposed 

authorization is provided to the public 

for review. 

An authorization for incidental 

takings will be granted if NMFS finds 

that the taking will have a negligible 

impact on the species or stock(s), 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. 

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, we adversely 

affect the species or stock through 

effects on annual rates of recruitment or 

survival. 

The MMPA states that the term ‘‘take’’ 

means to harass, hunt, capture, kill or 

attempt to harass, hunt, capture, or kill 

any marine mammal. 

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). 

Summary of Request 

NMFS received a request from Point 

Blue for an IHA to take marine 

mammals incidental to seabird and 

marine mammal monitoring at three 

locations in central California. Point 

Blue’s request was for harassment only 

and NMFS concurs that mortality is not 

expected to result from this activity. 

Therefore, an IHA is appropriate. 

On March 7, 2017, NMFS received an 

application from Point Blue requesting 

the taking by harassment of marine 

mammals incidental to conducting 

seabird research activities on Southeast 

Farallon Island (SEFI), An ̃ o Nuevo 

Island (ANI), and Point Reyes National 

Seashore (PRNS). Point Blue, along with 

partners Oikonos Ecosystem Knowledge 

and PRNS, plan to conduct the 

proposed activities for one year. These 

partners are conducting this research 

under cooperative agreements with the 

U.S. Fish and Wildlife Service in 

consultation with the Gulf of the 

Farallones National Marine Sanctuary. 

We considered the application adequate 

and complete on April 7, 2017. 

These proposed activities would 

occur in the vicinity of pinniped haulout sites and could result in the 

incidental take of marine mammals. 

Species with the expected potential to 

be present include California sea lions 

(Zalophus californianus), Pacific harbor 

seals (Phoca vitulina), northern elephant 

seals (Mirounga angustirostris), and 

Steller sea lions (Eumetopias jubatus). 

Description of Specified Activities 

Overview 

We provided a description of the 

proposed action in our Federal Register 

notice announcing the proposed 

authorization (82 FR 22504; May 16, 

2017). Please refer to that document; we 

provide only summary information 

here. 

Point Blue proposes to monitor and 

census seabird colonies; observe seabird 

nesting habitat; restore nesting burrows; 

and resupply a field station annually in 

central California (i.e., SEFI, ANI, and 

PRNS). The purpose of the seabird 

research is to continue a 30-year 

monitoring program of the region’s 

seabird populations. Level B take may 

occur due to incidental disturbance of 

pinnipeds by researchers during 

monitoring. 

Dates and Duration 

The authorization would be effective 

from July 7, 2017 through July 6, 2018. 

Surveys are conducted year-round at the 

specified locations. At SEFI, seabird 

monitoring sites are visited ∼1–3 times 

per day for a maximum of 500 visits per 

year. Most seabird monitoring visits are 

brief (∼15 minutes), though seabird 

observers are present from 2–5 hours 

daily at North Landing from early April 

to early August each year to conduct 

observational studies on breeding 

common murres. Boat landings to resupply the field station, lasting one– 

three hours, are conducted once every 

two weeks at one of these locations. At 

ANI, research is conducted once/week 

April–August, with occasional 

intermittent visits made during the rest 

of the year. The maximum number of 

visits per year would be 20. Research at 

PRNS is conducted year round, with an 

emphasis during the seabird nesting 

season with occasional intermittent 

visits the rest of the year. The maximum 

number of visits per year is 20. Nesting 

habitat restoration and monitoring 

activities require sporadic visits from 

September–November, between the 

seabird breeding season and the 

elephant seal pupping season. Landings 

and visits to nest boxes are brief (∼15 

minutes). 

Specified Geographic Region 

Point Blue will conduct their research 

activities within the vicinity of 

pinniped haul-out sites in the following 

locations: 

• South Farallon Islands: The South 

Farallon Islands consist of SEFI located 

at 37°41′54.32′′ N.; 123°0′8.33′′ W. and 


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West End Island. The South Farallon 

Islands have a land area of 

approximately 120 acres (0.49 square 

kilometers (km2)) and are part of the 

Farallon National Wildlife Refuge. The 

islands are located near the edge of the 

continental shelf 28 miles (mi) (45.1 km) 

west of San Francisco, CA, and lie 

within the waters of the Gulf of the 

Farallones National Marine Sanctuary; 

• An ̃ o Nuevo Island: ANI is located at 

37°6′29.25′′ N.; 122°20′12.20′′ W. is onequarter mile (402 meters m) offshore of 

An ̃ o Nuevo Point in San Mateo County, 

CA. The island lies within the Monterey 

Bay National Marine Sanctuary and the 

An ̃ o Nuevo State Marine Conservation 

Area; and 

• Point Reyes National Seashore: 

PRNS is approximately 40 miles (64.3 

km) north of San Francisco Bay and also 

lies within the Gulf of the Farallones 

National Marine Sanctuary. 

Comments and Responses 

A notice of NMFS’s proposal to issue 

an IHA to Point Blue was published in 

the Federal Register on May 16, 2017 

(82 FR 22504). That notice described, in 

detail, Point Blue’s activity, the marine 

mammal species that may be affected by 

the activity, and the anticipated effects 

on marine mammals. During the 30-day 

public comment period, NMFS received 

only one comment letter, from the 

Marine Mammal Commission 

(Commission). The Commission’s 

recommendations and our responses are 

provided here, and the comments have 

been posted online at: 

www.nmfs.noaa.gov/pr/permits/ 

incidental/construction.htm. Please see 

the Commission’s letter for background 

and rationale regarding the 

recommendations, which are listed 

below. 

Comment: The Commission clarified 

with NMFS that it should be 

authorizing, and Point Blue should be 

reporting, only takes of pinn peds 

incidental to conducting the various 

seabird research and resupply activities. 

All directed taking to prevent damage to 

critical infrastructure and to ensure 

human safety (including moving 

pinnipeds from paths, parking lots, and 

boat ramps) should be conducted in 

accordance with the authorities 

available under sections 101(a)(4) or 

109(h) of the MMPA. 

Response: NMFS agrees with this 

assessment and confirmed that Point 

Blue will only be only reporting takes 

that are incidental to seabird research 

and resupply activities. Directed takes 

are not authorized and will not be 

reported under this IHA. 

Description of Marine Mammals in the 

Area of Specified Activities 

There are four marine mammal 

species known to occur in the vicinity 

of the project area. We reviewed Point 

Blue’s detailed species descriptions, 

including life history information, for 

accuracy and completeness and refer the 

reader to Section 3 of Point Blue’s 

application as well as our notice of 

proposed IHA published in the Federal 

Register (82 FR 22504; May 16, 2017). 

Please also refer to NMFS’ Web site 

(www.nmfs.noaa.gov/pr/species/ 

mammals) for generalized species 

accounts that provide information 

regarding the biology and behavior of 

the marine resources that occur in 

proximity to the project area. 

Table 1 lists all species with expected 

potential for occurrence at SEFI, ANI, 

and PRNS and summarizes information 

related to the population or stock, 

including potential biological removal 

(PBR), where known. For taxonomy, we 

follow Committee on Taxonomy (2016). 

PBR, 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, is considered in concert 

with known sources of ongoing 

anthropogenic mortality to assess the 

population-level effects of the 

anticipated mortality from a specific 

project (as described in NMFS’s SARs). 

While no mortality is anticipated or 

authorized here, PBR and annual 

serious injury and mortality are 

included here as gross indicators of the 

status of the species and other threats. 

For status of species, we provide 

information regarding U.S. regulatory 

status under the MMPA and the 

Endangered Species Act (ESA). 

California (southern) sea otters (Enhydra 

lutris nereis), listed as threatened under 

the ESA and categorized as depleted 

under the MMPA, usually range in 

coastal waters within two km of shore. 

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 area. NMFS’s stock abundance 

estimates for most species represent the 

total estimate of individuals within the 

geographic area, if known, that 

comprises that stock. 

All managed stocks in this region are 

assessed in NMFS’s 2015 U.S. Pacific 

Stock Assessment Report (Carretta et al., 

2016) or the 2015 Alaska Stock 

Assessment Report (Muto et al., 2016). 

The most recent information regarding 

Steller sea lions may be found in 2016 

Draft Alaska Stock Assessment Report 

(Muto et al., 2016b). Four species have 

the potential to be incidentally taken 

during the proposed survey activities 

and are listed in Table 1. Values 

presented in Table 1 are from the 2015 

SARs and draft 2016 SARs (available 

online at: www.nmfs.noaa.gov/pr/sars/). 

TABLE 1—MARINE MAMMALS POTENTIALLY PRESENT IN THE VICINITY OF STUDY AREAS

Species Scientific name Stock 

ESA/MMPA 

status; 

strategic 

(Y/N) 1

Stock abundance 

(CV, Nmin, 

most recent abundance survey) 2

PBR 3

California sea lion ................. Zalophus californianus ......... U.S ........................................ -; N 296,750 (n/a; 153,337; 2011) ................. 9,200 

Steller sea lion ...................... Eumetopias jubatus .............. Eastern U.S .......................... D; Y 71,562 (n/a; 41,638; 2015) ..................... 2,498 

Harbor seal ........................... Phoca vitulina richardii ......... California .............................. -; N 30,968 (0.157; 27,348; 2012) ................. 1,641 

Northern elephant seal ......... Mirounga angus tirostris ....... California breeding stock ...... -; N 179,000 (n/a; 81,368; 2010) ................... 4,882 

1ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. 2 CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable. For certain stocks of pinnipeds, abundance 

estimates are based upon observations of animals (often pups) ashore multiplied by some correction factor derived from knowledge of the specie’s (or similar species’) life history to arrive at a best abundance estimate; therefore, there is no associated CV. In these cases, the minimum abundance may represent actual counts 

of all animals ashore. 3Potential biological removal, 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 size (OSP). 


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Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31761 

Potential Effects of Specified Activities 

on Marine Mammals and Their Habitat 

The effects of seabird researchers at 

the specified locations have the 

potential to result in harassment of 

marine mammals in the vicinity of the 

action area. The Federal Register notice 

for the proposed IHA (82 FR 22504; May 

16, 2017) included a discussion of the 

effects of Level B harassment on marine 

mammals. Therefore, that information is 

not repeated here; please refer to the 

Federal Register notice for that 

information. No instances of serious 

injury or mortality are expected as a 

result of the specified activities. 

Estimated Take 

This section includes an estimate of 

the number of incidental ‘‘takes’’ 

permitted for authorization pursuant to 

this IHA, which will inform both NMFS’ 

consideration of whether the number of 

takes is ‘‘small’’ and the negligible 

impact determination. 

Harassment is the only form of take 

expected to result from these activities. 

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). 

Authorized takes would be by Level B 

harassment only, in the form of 

disruption of behavioral patterns for 

individual marine mammals resulting 

from exposure to researchers and 

motorboat operations. Based on the 

nature of the activity, Level A 

harassment is neither anticipated nor 

authorized. Below we describe how the 

take is estimated. 

NMFS bases these new take estimates 

on historical data from previous 

monitoring reports and anecdotal data 

for the same activities conducted in the 

same research areas. In brief, for four 

species (i.e., California sea lions, harbor 

seals, northern elephant seals, and 

Steller sea lions), NMFS created a 

statistical model to derive an estimate of 

the average annual increase of reported 

take based on a best fit regression 

analysis (i.e., linear or polynomial 

regression) of reported take from 2007 to 

2016. Final data from the 2016–2017 

season has not been submitted. The 

predicted annual increase in take for 

each species was added to the baseline 

reported take for the 2015–2016 seasons 

to project the estimated take for the 

2017–2018 IHA as is shown in Table 2. 

TABLE 2—PAST REPORTED TAKE OBSERVATIONS AND ESTIMATED TAKE FOR 2017–2018 POINT BLUE CONSERVATION

SCIENCE ACTIVITIES

Species 

Reported take observations from past seasons 1

Annual 

projected 

increase 

Projected 

take 

2017–2018 

IHA 

IHA 1 

(2007–2008) 

IHA 2 

(2008–2009) 

IHA 3 

(2011–2012) 

IHA 4 

(2012–2013) 

IHA 5 

(2014–2015) 

IHA 6 

(2015–2016) 

California Sea Lions .......................... 744 747 3,610 2,254 4,646 2 36,397 11,223 3 40,140 

(47,620) 

Northern Elephant Seals ................... 44 44 67 30 97 169 34 203 

Harbor Seals ..................................... 39 75 109 141 259 292 107 399 

Steller Sea Lions (E–DPS) ............... 5 4 4 12 6 31 5 36 

1 Data for 2009–2010 and 2010–2011 not available. 

2 Large increase in California sea lions likely due to El Nin ̃o event. 3 NMFS has decreased projected California sea lion take based on preliminary 2016 observed take data. 

The estimated take for California sea 

lions has been reduced from the figure 

authorized under the 2016–2017 IHA 

(53,538). NMFS noted that large 

numbers of California sea lions recorded 

in 2015–2016 were likely due to an El 

Nin ̃ o event, which ended in May/June 

of 2016. The El Nin ̃ o Southern 

Oscillation (ENSO) is a single climate 

phenomenon that periodically 

fluctuates between three phases: 

Neutral, La Nin ̃ a or El Nin ̃ o. La Nin ̃ a 

and El Nin ̃ o are opposite phases that 

require certain changes to take place in 

both the ocean and the atmosphere, 

before an event is declared. ENSO is 

currently in a neutral state, meaning 

that sea lion numbers may not approach 

the projected take for 2017–2018 shown 

in Table 2. Recent data suggests that 

there are increasing chances another El 

Nin ̃ o could develop in the fall of 2017, 

although it is impossible to predict the 

length or severity of such an event 

(NOAA 2017). Therefore, sea lion 

numbers could occur at levels similar to 

what was observed in the 2015–2016 

season under El Nin ̃ o conditions. 

Point Blue has provided preliminary 

data for recorded California sea lion 

takes at SEFI from calendar year 2016 

(January–December), which shows 

33,904 California sea lion takes at SEFI. 

Point Blue has not yet tabulated the data 

for ANI and PRNS. However, Point Blue 

estimates that approximately 1,000 

animals will be taken at ANI and few, 

if any, will be taken at PRNS based on 

preliminary analysis of 2016 data. 

Therefore, the result for calendar year 

2016 is approximately 34,904 sea lion 

takes (33,904 from SEFI and 1,000 from 

ANI and PRNS). Note that a portion of 

the 2016 calendar year featured El Nin ̃ o 

conditions (January–May/June), which 

are predicted to return in the fall of 

2017. Therefore, the 2016 calendar year 

data can serve as a baseline for 2017– 

2018 IHA. NMFS will conservatively 

add 15 percent to the estimated 2016 

yearly total to arrive at an authorized 

take of 40,140 California sea lions for 

the 2017–2018 IHA. 

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 such 

activity, and other means of effecting 

the least practicable impact on such 

species or stock and its habitat, paying 

particular attention to rookeries, mating 

grounds, and areas of similar 

significance. NMFS regulations require 

applicants for incidental take 

authorizations to include information 

about the availability and feasibility 

(economic and technological) of 

equipment, methods, and manner of 

conducting such 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, we carefully balance 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 


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mammal species or stocks, and their 

habitat, which considers the nature of 

the potential adverse impact being 

mitigated (likelihood, scope, range), as 

well as the likelihood that the measure 

will be effective if implemented; and the 

likelihood of effective implementation, 

and; (2) the practicability of the 

measures for applicant implementation, 

which may consider such things as cost, 

impact on operations, and, in the case 

of a military readiness activity, 

personnel safety, practicality of 

implementation, and impact on the 

effectiveness of the military readiness 

activity. 

Point Blue has based the mitigation 

measures, which they will employ 

during the research, on the 

implementation of protocols used 

during previous Point Blue research 

activities under previous authorizations 

for these activities. Note that Point Blue 

and NMFS have refined mitigation 

requirements over the years in an effort 

to reduce behavioral disturbance 

impacts to marine mammals. 

To reduce the potential for 

disturbance from acoustic and visual 

stimuli associated with the activities 

Point Blue will implement the following 

mitigation measures for marine 

mammals: 

(1) Slow approach to beaches for boat 

landings to avoid stampede and provide 

animals opportunity to enter water. 

(2) Select a pathway of approach to 

research sites that minimizes the 

number of marine mammals harassed. 

(3) Avoid visits to sites used by 

pinnipeds for pupping. 

(4) Monitor for offshore predators and 

do not approach hauled out pinnipeds 

if great white sharks (Carcharodon 

carcharias) or killer whales (Orcinus 

orca) are present. If Point Blue and/or 

its designees see pinniped predators in 

the area, they must not disturb the 

pinnipeds until the area is free of 

predators. 

(5) Keep voices hushed and bodies 

low to the ground in the visual presence 

of pinnipeds. 

(6) Conduct seabird observations at 

North Landing on SEFI in an 

observation blind, shielded from the 

view of hauled out pinnipeds. 

(7) Crawl slowly to access seabird nest 

boxes on ANI if pinnipeds are within 

view. 

(8) Coordinate research visits to 

intertidal areas of SEFI (to reduce 

potential take) and coordinate research 

goals for ANI to minimize the number 

of trips to the island. 

(10) Coordinate monitoring schedules 

on ANI, so that areas near any 

pinnipeds would be accessed only once 

per visit. 

(11) Operate motorboats slowly with 

caution during approaches to landing 

sites in order to avoid vessel strikes. 

Based on our evaluation of the 

applicant’s proposed measures, as well 

as other measures considered by NMFS, 

NMFS has determined that the 

prescribed mitigation measures provide 

the means effecting the least practicable 

impact on the affected species or stocks 

and their habitat, paying particular 

attention to rookeries, mating grounds, 

and areas of similar significance. 

Monitoring and Reporting 

In order to issue an IHA for an 

activity, Section 101(a)(5)(D) of the 

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 in the proposed action area. 

Effective reporting is critical both to 

compliance as well as to 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: 

• Occurrence of marine mammal 

species or stocks in the area in which 

take is anticipated (e.g., presence, 

abundance, distribution, density); 

• Nature, scope, or context of likely 

marine mammal exposure to potential 

stressors/impacts (individual or 

cumulative, acute or chronic), through 

better understanding of: (1) Action or 

environment (e.g., source 

characterization, propagation, ambient 

noise); (2) affected species (e.g., life 

history, dive patterns); (3) co-occurrence 

of marine mammal species with the 

action; or (4) biological or behavioral 

context of exposure (e.g., age, calving or 

feeding areas); 

• Individual marine mammal 

responses (behavioral or physiological) 

to acoustic stressors (acute, chronic, or 

cumulative), other stressors, or 

cumulative impacts from multiple 

stressors; 

• How anticipated responses to 

stressors impact either: (1) Long-term 

fitness and survival of individual 

marine mammals; or (2) populations, 

species, or stocks; 

• Effects on marine mammal habitat 

(e.g., marine mammal prey species, 

acoustic habitat, or other important 

physical components of marine 

mammal habitat); and 

• Mitigation and monitoring 

effectiveness. 

Point Blue will contribute to the 

knowledge of pinnipeds in California 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) tagbearing pinnipeds or carcasses, allowing 

transmittal of the information to 

appropriate agencies and personnel; and 

(3) rare or unusual species of marine 

mammals for agency follow-up. 

Required monitoring protocols for 

Point Blue include the following: 

(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., 

pedestrian approach, vessel approach); 

and 

(6) Information on the weather, 

including the tidal state and horizontal 

visibility. 

For consistency, any reactions by 

pinnipeds to researchers will be 

recorded according to a three-point 

scale shown in Table 3. Note that only 

observations of disturbance Levels 2 and 

3 should be recorded as takes. 


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TABLE 3—LEVELS OF PINNIPED BEHAVIORAL DISTURBANCE

Level Type of response Definition 

1 ............ Alert ...................... Seal head orientation or brief movement in response to disturbance, which may include turning head towards 

the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a 

lying to a sitting position, or brief movement of less than twice the animal’s body length. 

2 * .......... Movement ............ Movements in response to the source of disturbance, ranging from short withdrawals at least twice the animal’s 

body length to longer retreats over the beach, or if already moving a change of direction of greater than 90 

degrees. 

3 * .......... Flush .................... All retreats (flushes) to the water. 

* Only observations of disturbance Levels 2 and 3 are recorded as takes. 

This information will be incorporated 

into a monitoring report for NMFS. The 

monitoring report will cover the period 

from January 1, 2017 through December 

31, 2017. NMFS has requested that 

Point Blue submit annual monitoring 

report data on a calendar year schedule, 

regardless of the current IHA’s initiation 

or expiration dates. This will ensure 

that data from all consecutive months 

will be collected and, therefore, can be 

analyzed to estimate authorized take for 

future IHA’s regardless of the existing 

IHA’s issuance date. Point Blue will 

submit a draft monitoring report to 

NMFS Office of Protected Resources by 

April 1, 2018. The draft report will 

include monitoring data collected 

between January 1, 2017 and December 

31, 2017. A final report will be prepared 

and submitted within 30 days following 

resolution of any comments on the draft 

report from NMFS. If no comments are 

received from NMFS, the draft final 

report will be considered to be the final 

report. This report must contain the 

informational elements described above, 

at minimum. 

Point Blue must also report 

observations of unusual pinniped 

behaviors, numbers, or distributions and 

tag-bearing carcasses to NMFS West 

Coast Region office. 

If at any time the specified activity 

clearly causes the take of a marine 

mammal in a manner prohibited by this 

IHA, such as an injury (Level A 

harassment), serious injury, or 

mortality, Point Blue will immediately 

cease the specified activities and report 

the incident to the Office of Protected 

Resources, NMFS, and the West Coast 

Regional Stranding Coordinator, NMFS. 

The report must include the following 

information: 

(1) Time and date of the incident; 

(2) Description of the incident; 

(3) Environmental conditions (e.g., 

wind speed and direction, Beaufort sea 

state, cloud cover, and visibility); 

(4) Description of all marine mammal 

observations in the 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). 

Activities will not resume until NMFS 

is able to review the circumstances of 

the prohibited take. NMFS will work 

with Point Blue to determine what 

measures are necessary to minimize the 

likelihood of further prohibited take and 

ensure MMPA compliance. Pt. Blue may 

not resume the activities until notified 

by NMFS. 

In the event that an injured or dead 

marine mammal is discovered and it is 

determined 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), Point 

Blue will immediately report the 

incident to the Office of Protected 

Resources, NMFS, and the West Coast 

Regional Stranding Coordinator, NMFS. 

The report must include the same 

information identified in the paragraph 

above IHA. Activities may continue 

while NMFS reviews the circumstances 

of the incident. NMFS will work with 

Point Blue 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 the IHA (e.g., 

previously wounded animal, carcass 

with moderate to advanced 

decomposition, or scavenger damage), 

Point Blue will report the incident to 

the Office of Protected Resources, 

NMFS, and the West Coast Regional 

Stranding Coordinator, NMFS, within 

24 hours of the discovery. Point Blue 

will provide photographs or video 

footage or other documentation of the 

stranded animal sighting to NMFS. 

Activities may continue while NMFS 

reviews the circumstances of the 

incident. 

Negligible Impact Analysis and 

Determination 

NMFS has defined negligible impact 

as an impact resulting from the 

specified activity that cannot be 

reasonably expected to, and is not 

reasonably likely to, adversely affect the 

species or stock through effects on 

annual rates of recruitment or survival 

(50 CFR 216.103). A negligible impact 

finding is based on the lack of likely 

adverse effects on annual rates of 

recruitment or survival (i.e., populationlevel effects). An estimate of the number 

of takes alone is not enough information 

on which to base an impact 

determination. In addition to 

considering estimates of the number of 

marine mammals that might be ‘‘taken’’ 

through harassment, NMFS considers 

other factors, such as the likely nature 

of any responses (e.g., intensity, 

duration), the context of any responses 

(e.g., critical reproductive time or 

location, migration), 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’s 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 environmental 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 analyses applies generally to the 

four species for which take is 

authorized, given that the anticipated 

effects of these surveys on marine 

mammals are expected to be relatively 

similar in nature. Where there are 

species-specific factors that have been 

considered, they are identified below. 

For reasons stated previously in this 

document and based on the following 

factors, NMFS does not expect Point 

Blue’s specified activities to cause longterm behavioral disturbance that would 

negatively impact an individual 

animal’s fitness, or result in injury, 

serious injury, or mortality. Although 


sradovich on DSK3GMQ082PROD with NOTICES
31764 Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 

Point Blue’s survey activities may 

disturb marine mammals, NMFS 

expects those impacts to occur to 

localized groups of animals at or near 

survey sites. Behavioral disturbance 

would be limited to short-term startle 

responses and localized behavioral 

changes due to the short duration 

(ranging from <15 minutes for visits at 

most locations up to 2–5 hours from 

April–August at SEFI) of the research 

activities. At some locations, where 

resupply activities occur, visits will 

occur once every two weeks. Minor and 

brief responses, such as short-duration 

startle reactions or flushing, are not 

likely to constitute disruption of 

behavioral patterns, such as migration, 

nursing, breeding, feeding, or sheltering. 

These short duration disturbances—in 

many cases animals will return in 30 

minutes or less—will generally allow 

marine mammals to reoccupy haul-outs 

relatively quickly; therefore, these 

disturbances would not be anticipated 

to result in long-term disruption of 

important behaviors. No surveys will 

occur at or near rookeries as researchers 

will have limited access to SEFI, ANI, 

and PRNS during the pupping season 

and will not approach sites should pups 

be observed. Furthermore, breeding 

animals tend to be concentrated in areas 

that researchers are not scheduled to 

visit. Therefore, NMFS does not expect 

mother and pup separation or crushing 

of pups during stampedes. 

Level B behavioral harassment of 

pinnipeds may occur during the 

operation of small motorboats. However, 

exposure to boats and associated engine 

noise would be brief and would not 

occur on a frequent basis. Results from 

studies demonstrate that pinnipeds 

generally return to their sites and do not 

permanently abandon haul-out sites 

after exposure to motorboats. The 

chance of a vessel strike is very low due 

to small boat size and slow transit 

speeds. Researchers will delay ingress 

into the landing areas until after the 

pinnipeds enter the water and will 

cautiously operate vessels at slow 

speeds. 

In summary and as described above, 

the following factors support our 

determination that the impacts resulting 

from this activity are not expected to 

adversely affect the species or stock 

through effects on annual rates of 

recruitment or survival: 

• No mortality is anticipated or 

authorized; 

• Limited behavioral disturbance in 

the form of short-duration startle 

reactions or flushing Mitigation 

requirements employed by researchers 

(e.g., move slowly, use hushed voices) 

should further decrease disturbance 

levels; 

• No activity near rookeries and 

avoidance of pups; and 

• Limited impact from boats due to 

their small size, maneuverability and 

the requirement to delay ingress until 

after hauled out pinnipeds have entered 

the water. 

Based on the analysis contained 

herein of the likely effects of the 

specified activity on marine mammals 

and their habitat, and taking into 

consideration the implementation of the 

proposed monitoring and mitigation 

measures, NMFS finds that the total 

marine mammal take from the proposed 

activity will have a negligible impact on 

all affected marine mammal species or 

stocks. 

Small Numbers 

As noted above, only small numbers 

of incidental take may be authorized 

under Section 101(a)(5)(D) of the MMPA 

for specified activities other than 

military readiness activities. The MMPA 

does not define small numbers and so, 

in practice, NMFS compares the number 

of individuals taken to the most 

appropriate estimation of the relevant 

species or stock size in our 

determination of whether an 

authorization is limited to small 

numbers of marine mammals. 

As mentioned previously, NMFS 

estimates that four marine mammal 

species could potentially be affected by 

Level B harassment under the 

authorization. For each species, these 

numbers are small relative to the 

population size. These incidental 

harassment numbers represent 

approximately 13.5 percent of the U.S. 

stock of California sea lion, 1.28 percent 

of the California stock of Pacific harbor 

seal, 0.11 percent of the California 

breeding stock of northern elephant 

seal, and 0.05 percent of the eastern 

distinct population segment of Steller 

sea lion. Note that the number of 

individual marine mammals taken is 

assumed to be less than the take 

estimate (number of exposures) since we 

assume that the same animals may be 

behaviorally harassed over multiple 

days. 

TABLE 4—POPULATION ABUNDANCE ESTIMATES, TOTAL LEVEL B TAKE, AND PERCENTAGE OF POPULATION

THAT MAY BE TAKEN

Species Stock Stock 

abundance 

Total 

Level B 

take 

Percentage of 

stock or 

population 

California sea lion ........................................... U.S .................................................................. 296,750 40,140 13.5 

Steller sea lion ................................................ Eastern U.S .................................................... 71,562 36 0.05 

Harbor seal ..................................................... California ........................................................ 30,968 399 1.28 

Northern elephant seal ................................... California breeding stock ................................ 179,000 203 0.11 

Based on the analysis contained 

herein of the proposed activity 

(including the proposed mitigation and 

monitoring measures) and the 

anticipated take of marine mammals, 

NMFS finds that small numbers of 

marine mammals will be taken relative 

to the population size of the affected 

species or stocks. 

Unmitigable Adverse Impact Analysis 

and Determination 

There are no relevant subsistence uses 

of the affected marine mammal stocks or 

species implicated by this action. 

Therefore, NMFS has determined that 

the total taking of affected species or 

stocks would not have an unmitigable 

adverse impact on the availability of 

such species or stocks for taking for 

subsistence purposes. 

Endangered Species Act (ESA) 

Issuance of an MMPA authorization 

requires compliance with the ESA. No 

incidental take of ESA-listed species is 

authorized or expected to result from 

this activity. Therefore, NMFS has 

determined that formal consultation 

under section 7 of the ESA is not 

required for this action. 


sradovich on DSK3GMQ082PROD with NOTICES
Federal Register / Vol. 82, No. 130 / Monday, July 10, 2017 / Notices 31765 

National Environmental Policy Act 

(NEPA) 

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 with respect to 

environmental consequences on the 

human environment. 

Accordingly, NMFS has determined 

that the issuance of the IHA qualifies to 

be categorically excluded from further 

NEPA review. This action is consistent 

with categories of activities identified in 

CE B4 of the Companion Manual for 

NOAA Administrative Order 216–6A, 

which do not individually or 

cumulatively have the potential for 

significant impacts on the quality of the 

human environment and for which we 

have not identified any extraordinary 

circumstances that would preclude this 

categorical exclusion. 

Authorization 

NMFS has issued an IHA to Point 

Blue for the potential harassment of 

small numbers of marine mammals 

incidental to seabird research activities 

in central California, provided the 

previously mentioned mitigation, 

monitoring and reporting. 

Dated: July 5, 2017. 

Donna S. Wieting, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. 2017–14390 Filed 7–7–17; 8:45 am] 

BILLING CODE 3510–22–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

Board of Regents, Uniformed Services 

University of the Health Sciences; 

Notice of Federal Advisory Committee 

Meeting 

AGENCY: Under Secretary of Defense for 

Personnel and Readiness, Department of 

Defense. 

ACTION: Notice of Federal Advisory 

Committee meeting. 

SUMMARY: The Department of Defense 

(DoD) is publishing this notice to 

announce that the following Federal 

Advisory Committee meeting of the 

Board of Regents (Board), Uniformed 

Services University of the Health 

Sciences (University) will take place. 

DATES: Open Session will occur on 

Tuesday, August 1, 2017 from 8:00 a.m. 

until 10:25 a.m. Closed Session will 

occur on Tuesday, August 1, 2017 from 

10:30 a.m. until 11:00 a.m. 

ADDRESSES: The August 1, 2017 meeting 

will occur at the Uniformed Services 

University of the Health Sciences, 4301 

Jones Bridge Road, Everett Alvarez Jr. 

Board of Regents Room (D3001), 

Bethesda, Maryland 20814. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Nuetzi James, 301–295–3066 

(Voice), 301–295–1960 (Facsimile), 

jennifer.nuetzi-james@usuhs.edu 

(Email). Mailing address is 4301 Jones 

Bridge Road, A1020, Bethesda, 

Maryland 20814. Web site: https://

www.usuhs.edu/vpe/bor. 

SUPPLEMENTARY INFORMATION: This 

meeting is being held under the 

provisions of the Federal Advisory 

Committee Act (FACA) of 1972 (5 

U.S.C., Appendix, as amended), the 

Government in the Sunshine Act of 

1976 (5 U.S.C. 552b, as amended), and 

41 CFR 102–3.140 and 102–3.150. 

Purpose of the Meeting: The purpose 

of the meeting of the Board is to provide 

advice and recommendations to the 

Secretary of Defense, through the Under 

Secretary of Defense for Personnel and 

Readiness, on academic and 

administrative matters critical to the full 

accreditation and successful operation 

of the University. These actions are 

necessary for the University to pursue 

its mission, which is to educate, train 

and comprehensively prepare 

uniformed services health professionals, 

officers, scientists and leaders to 

support the Military and Public Health 

Systems, the National Security and 

National Defense Strategies of the 

United States, and the readiness of our 

Uniformed Services. 

Agenda: The actions scheduled to 

occur include the review of the minutes 

from the Board meeting held on May 19, 

2017; recommendations regarding the 

awarding of post-baccalaureate degrees; 

recommendations regarding the 

approval of faculty appointments and 

promotions; and recommendations 

regarding award nominations. The 

University President will provide a 

report on recent actions affecting 

academic and operational aspects of the 

University. Member reports will include 

an Academics Summary consisting of 

reports from the Dean of the F. Edward 

He ́bert School of Medicine, Dean of the 

Daniel K. Inouye Graduate School of 

Nursing, Executive Dean of the 

Postgraduate Dental College, Dean of the 

College of Allied Health Sciences, and 

the Vice President for Research. Member 

Reports will also include a Finance and 

Administration Summary consisting of 

reports from the Senior Vice President, 

Southern Region; Senior Vice President, 

Western Region; Vice President for 

Finance and Administration; University 

Brigade Commander; and University 

General Counsel. There will be reports 

from the Armed Forces Radiobiology 

Research Institute and the University 

Faculty Senate. There will also be 

reports on the University Strategic 

Framework, Council of University 

Centers and the University 

Organizational Structure. A closed 

session will be held, after the open 

session, to discuss active investigations 

and personnel actions. 

Meeting Accessibility: Pursuant to 

Federal statutes and regulations (5 

U.S.C., Appendix, 5 U.S.C. 552b, and 41 

CFR 102–3.140 through 102–3.165) and 

the availability of space, the meeting is 

open to the public from 8:00 a.m. to 

10:25 a.m. Seating is on a first-come 

basis. Members of the public wishing to 

attend the meeting should contact 

Jennifer Nuetzi James, Designated 

Federal Officer, no later than five 

business days prior to the meeting, at 

4301 Jones Bridge Road, A1020, 

Bethesda, Maryland 20814; telephone 

301–295–3066; email jennifer.nuetzijames@usuhs.edu. Pursuant to 5 U.S.C. 

552b(c)(2, 5–7), the Department of 

Defense has determined that the portion 

of the meeting from 10:30 a.m. to 11:00 

a.m. shall be closed to the public. The 

Under Secretary of Defense (Personnel 

and Readiness), in consultation with the 

Office of the Department of Defense 

General Counsel, has determined in 

writing that this portion of the Board’s 

meeting will be closed as the discussion 

will disclose sensitive personnel 

information, will include matters that 

relate solely to the internal personnel 

rules and practices of the agency, will 

involve allegations of a person having 

committed a crime or censuring an 

individual, and may disclose 

investigatory records compiled for law 

enforcement purposes. 

Written Statements: Pursuant to 

section 10(a)(3) of the Federal Advisory 

Committee Act of 1972 and 41 CFR 102– 

3.140, the public or interested 

organizations may submit written 

comments to the Board about its 

approved agenda pertaining to this 

meeting or at any time regarding the 

Board’s mission. Individuals submitting 

a written statement must submit their 

statement to the Designated Federal 

Officer at jennifer.nuetzi-james@

usuhs.edu. Written statements that do 

not pertain to a scheduled meeting of 

the Board may be submitted at any time. 

However, if individual comments 

pertain to a specific topic being 

discussed at the planned meeting, then 

these statements must be received at 

least 5 calendar days prior to the 

meeting; otherwise, the comments may 

not be provided to or considered by the 


sradovich on DSK3GMQ082PROD with NOTICES