Incidental Takes of Marine Mammals During Specified Activities; Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: December 11, 2007 (Volume 72, Number 237)]
[Notices]
[Page 70310-70316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11de07-37]

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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD79

Incidental Takes of Marine Mammals During Specified Activities;
Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental take authorization; request for
comments.

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SUMMARY: NMFS has received an application from Dr. Glenn VanBlaricom
(Dr. VanBlaricom) for an Incidental Harassment Authorization (IHA) to
take small numbers of marine mammals, by harassment, incidental to the

[[Page 70311]]

assessment of black abalone populations at San Nicolas Island (SNI),
CA. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is
requesting comments on its proposed IHA for these activities.

DATES: Comments and information must be received no later than January
10, 2008.

ADDRESSES: Comments on the application should be addressed to 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 e-mail comments is PR1.101706E@noaa.gov. 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.
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,
NMFS, (301) 713-2289.

SUPPLEMENTARY INFORMATION:

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 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.
Authorization 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 certain subsistence uses, 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, 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].

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 on 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 issuance of the authorization.

Summary of Request

On November 5, 2007, NMFS received a letter from Dr. VanBlaricom,
of the Washington Cooperative Fish and Wildlife Research Unit,
requesting renewal of an IHA that was first issued to him on September
23, 2003 (68 FR 57427, October 3, 2003), and was last reissued on
December 1, 2006 (71 FR 71136, December 8, 2006). The requested IHA
would authorize the take, by harassment, of small numbers of California
sea lions (Zalophus californianus), Pacific harbor seals (Phoca
vitulina richardsi), and northern elephant seals (Mirounga
angustirostris) incidental to research surveys performed for the
purpose of assessing trends in black abalone (Haliotis cracherodii)
populations at SNI, Ventura County, California. The proposed research
consists of 2 researchers, on foot, counting abalone at nine permanent
sites (1 m\2\ each) on SNI twice a year, with one brief additional
visit to each site for maintenance.
Population trend data for black abalone populations have become
important in a conservation context because of: (a) The reintroduction
of sea otters to SNI in 1987, raising the possibility of conflict
between otter conservation and abalone populations (abalones are often
significant prey for sea otters); (b) the appearance of a novel exotic
disease, abalone withering syndrome, at SNI in 1992, resulting in
dramatically increased rates of abalone mortality at the Island; and,
(c) the recent designation of California populations of black abalones
as a species of concern in the context of the Endangered Species Act
(ESA). Research is done under the auspices of the Washington
Cooperative Fish and Wildlife Research Unit, the University of
Washington, and the U.S. Navy (owner of SNI), with additional
logistical support from the University of California, Santa Cruz. Since
the abalone are not handled or removed in the course of the research,
neither a state nor Federal permit is needed.
Additional information on the research is contained in the
application, which is available upon request (see ADDRESSES).

Project Description

Nine permanent abalone research study areas are located in rocky
intertidal habitats on SNI in Ventura County, CA. The applicant has
made 111 separate field trips to SNI from September 1979 through
October 2007, participating in abalone survey work on 591 different
days at nine permanent study sites. Under the latest authorization, Dr.
VanBlaricom made five different trips to the island (but no more than 2
research and 1 maintenance visits to most sites with pinnipeds; sites
without pinnipeds may be visited more often) and conducted work for 27
total days in the one year period.
Quantitative abalone surveys on SNI began in 1981, at which point
permanent research sites were chosen based on the presence of dense
patches of abalone in order to monitor changes over time in dense
abalone aggregations. Research is conducted by counting black abalone
in plots of 1 m\2\ (3.3 ft\2\) along permanent transect lines in rocky
intertidal habitats at each of the nine study sites on the island.
Permanent transect lines are demarcated by stainless steel eye-bolts
embedded in the rock substrata and secured with marine epoxy compound.
Lines are placed temporarily between bolts during surveys and are
removed once surveys are completed. Survey work is done by two field
biologists working on foot (sites are accessed by hiking to water from
vehicle parked inland) and monitoring of black abalone populations at
SNI can be done only during periods of extreme low tides. The exact
date of a visit to any given site is difficult to predict because
variation in surf height

[[Page 70312]]

and sea conditions can influence the safety of field biologists as well
as the quality of data collected. In most years survey work is done
during the months of January, February, March, July, November, and
December because of optimal availability of low tides. All work is done
during daylight hours due to safety considerations.
During the year, each of the nine permanent study sites at SNI will
be visited three times. Abalone surveys, which take no more than 4
hours at each site, are conducted during two of the three visits to
each of the nine sites. The third, and final, visit is a maintenance
visit, which takes less than half of an hour at each site and is used
to take measurements and make necessary repairs to plots and is
conducted in a month when smaller numbers of pinnipeds are present.
The affected marine mammal populations at SNI, especially
California sea lions and northern elephant seals, have grown
substantially since the beginning of abalone research in 1979 and have
occupied an expanded distribution on the island due to population
growth. Sites previously accessible with no risk of marine mammal
harassment are now being utilized by marine mammals at levels such that
approach without the possibility of harassment is difficult. An IHA is
warranted for this study because of the nine study sites used for the
abalone surveys, only two sites can be occupied without the possibility
of disturbing at least one species of pinniped.

Description of Habitat and Marine Mammals in the Activity Area

San Nicolas is one of the eight Channel Islands, located in the
Santa Barbara Channel off Southern California. Nine miles long (14.5
km) and about three and a half miles (5.6 km) across at its widest
point, it is the farthest island from the mainland, more than 60 miles
(96.6 km) offshore and about 85 miles (136.8 km) southwest of Los
Angeles, California. SNI is owned and operated by the U.S. Navy and is
off-limits to civilians without specific permission.
Many of the beaches in the Channel Islands provide resting, molting
or breeding places for species of pinnipeds. On SNI, three pinniped
species (northern elephant seal, Pacific harbor seal, and California
sea lion) can be expected to occur on land in the vicinity of abalone
research sites either regularly or in large numbers during certain
times of the year. In addition, a single adult male Guadalupe fur seal
(Arctocephalus townsendi) (federally listed as threatened under the
Endangered Species Act) was seen at one abalone research site on two
occasions during the summer months in the mid-1980's. However, none
have been seen since those original sightings.
Further information on the biology and distribution of these
species and others in the region can be found in Dr. VanBlaricom's
application, which is available upon request (see ADDRESSES), and the
Marine Mammal Stock Assessment Reports, which are available online at
http://www.nmfs.noaa.gov/prot_res/PR2/Stock_Assessment_Program/individual_sars.html.

California Sea Lions

The U.S. stock of California sea lions extends from the U.S./Mexico
border north into Canada. Breeding areas of the sea lion are on islands
located in southern California, western Baja California, and the Gulf
of California and they primarily use the central California area to
feed during the non-breeding season. Population estimates for the U.S.
stock of California sea lions, which are based on counts conducted in
2001 and extrapolations from the number of pups, range from a minimum
of 138,881 to an average of 244,000 animals, with a current growth rate
of 5.4 to 6.1 percent per year (Carretta, et al., 2005). The California
sea lion is not listed under the ESA and the U.S. stock is not
considered depleted under the MMPA.
California sea lions haul out at many sites on SNI and are by far
the most common pinniped on the island. Over the course of a year, up
to 100,000 sea lions may use SNI. Numbers of sea lions at SNI increased
by about 21 percent per year between 1983 and 1995 (NMFS 2003) and sea
lions have recently started occupying areas that were not formerly
used. Pupping occurs on the beaches of SNI from mid-June to mid-July.
Females nurse their pups for about eight days and then begin an
alternating pattern of foraging at sea vs. attending and nursing the
pup on land, which lasts for about eight months, and sometimes up to a
year. California sea lions also haul out at SNI during the molting
period in September, and smaller numbers of females and juveniles haul
out during most of the year.

Pacific Harbor Seals

Harbor seals are widely distributed in the North Atlantic and North
Pacific. In California, approximately 400-600 harbor seal haul-out
sites are distributed along the mainland and on offshore islands,
including intertidal sandbars, rocky shores and beaches (Hanan, 1996;
Lowery, et al., 2005). A complete count of all harbor seals in
California is impossible because some are always away from the haul-out
sites. A complete pup count (as is done for other pinnipeds in
California) is also not possible because harbor seals are precocious,
with pups entering the water almost immediately after birth. Based on
the most recent harbor seal counts (2004 and 2005) and including a
correction factor for the above, the estimated population of harbor
seals in California is 34,233 (Carretta, et al., 2005), with an
estimated minimum population of 31,600 for the California stock of
harbor seals. Counts of harbor seals in California showed a rapid
increase from 1972 to 1990, but since 1990 there has been no net
population growth along the mainland or the Channel Islands. Though no
formal determination of Optimal Sustainable Population (OSP) has been
made, the decrease in the growth rate may indicate that the population
has reached its carrying capacity. The harbor seal is not listed under
the ESA and the California stock is not considered depleted under the MMPA.
Harbor seals haul out at various sandy, cobble, and gravel beaches
around SNI and pupping occurs on the beaches from late February to
early April, with nursing of pups extending into May. Harbor seals may
also haul out during molting period in late Spring, and smaller numbers
haul out at other times of year. Harbor seal abundance increased at SNI
from the 1960s until 1981, but since then average counts have not
changed significantly. From 1982 to 1994, numbers of harbor seals have
fluctuated between 139 and 700 harbor seals based on both peak ground
counts and annual photographic survey photos. The most recent aerial
count on SNI was of 457 harbor seals in 1994.

Northern Elephant Seals

Northern elephant seals breed and give birth in California (U.S.)
and Baja California primarily on offshore islands, from December to
March (Stewart, et al., 1994). The California breeding stock, which
includes the animals on SNI, is now demographically separated from the
Baja California population. Based on trends in pup counts, northern
elephant seal colonies appeared to be increasing in California through
2001. The population size of northern elephant seals in California is
estimated to be 101,000 animals, with a minimum population estimate of
60,547 (Carretta, et al., 2005). A continuous average growth rate
(though it has declined a bit in recent years) of 8.3 percent has seen

[[Page 70313]]

numbers of this species increase from 100 in 1900 to the current
population size (Carretta et al., 2005). The northern elephant seal is
not listed under the ESA and the California stock is not considered
depleted under the MMPA.
Increasing numbers of elephant seals haul out at various sites
around SNI. Based on a pup count in 1995 that found 6,575 pups,
scientists estimated that over 23,000 elephant seals may use SNI in a
year (NMFS 2003). From 1988 to 1995 the pup counts on SNI increased at
an average rate of 15.4 percent per year, however, the growth rate of
the population as a whole seems to have declined in recent years (NMFS
2003). Pupping occurs on the beaches of SNI from January to early
February, with nursing of pups extending into March. Northern elephant
seals also haul out during the molting periods in the spring and
summer, and smaller numbers haul out at other times of the year.

Potential Effects of Activities on Marine Mammal

Variable numbers of sea lions, harbor seals, and elephant seals
typically haul out near seven of the nine study sites used for abalone
research, with breeding activity occurring at four of these seven
sites. Pinnipeds likely to be affected by abalone research activity are
those that are hauled out on land at or near study sites.
Incidental harassment may result if hauled animals move away from
the abalone researchers. For the purpose of estimating numbers 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 researchers are taken by Level B Harassment. Animals that
merely raise their head and look at the researcher are not considered
to have been taken. Although marine mammals will not be deliberately
approached by abalone survey personnel, approach may be unavoidable if
pinnipeds are hauled out directly upon the permanent abalone study
plots. In almost all cases, shoreline habitats near the abalone study
sites are gently sloping sandy beaches or horizontal sandstone
platforms with unimpeded and non-hazardous access to the water. If
disturbed, hauled animals may move toward the water without risk of
encountering significant hazards. In these circumstances, the risk of
injury or death to hauled animals is very low.
The risk of marine mammal injury or mortality associated with
abalone research increases somewhat if disturbances occur during
breeding season, as it is possible that mothers and dependent pups
could become separated. If separated pairs don't reunite fairly
quickly, risks of mortality to pups (through starvation) may increase.
Also, adult northern elephant seals may trample elephant seal pups if
disturbed, which could potentially result in the injury or death of
pups. However, NMFS proposes to include time of year restrictions to
limit the presence of researchers to months that California sea lion
and harbor seal dependent pups are not present at the survey sites.
Additionally, though elephant seal pups are occasionally present at
abalone surveys, risk of pup mortalities are very low because elephant
seals are far less reactive to researcher presence than the other two
species (an estimated 32 total elephant seals have been disturbed in
the last four years out of 2,074 present around the study site). Last,
researchers use great care approaching sites; and pups are on the sand
while the permanent study sites are on rocks, which leaves the two
always separated by at least 50 m (164 ft). Because of the
circumstances and the proposed IHA requirements discussed above, NMFS
believes it highly unlikely that the proposed activities would result
in the injury or mortality of pinnipeds (and none have been recorded in
the 28 years that the researcher has been conducting this research).
The results of Dr. VanBlaricom's monitoring under the previous IHA
are summarized in Table 1, which shows the numbers of each species
present at Dr. VanBlaricom's survey sites as well as the numbers
disturbed during his visits in the last year. As part of the required
monitoring, Dr. VanBlaricom records the numbers of disturbed animals
that flush into the water, the number that move more than 1 m, but do
not enter the water, and the number that become alert and move, but do
not move more than 1 m (see the application for these numbers). Animals
that raised their head and looked at the researcher without moving were
not considered disturbed (or harassed pursuant to the MMPA). For the
purposes of estimating take in the IHA, NMFS estimates take as the
total of all three categories of disturbed behavior recorded.
As indicated in Table 1, approximately 50 percent of the total
animals considered harassed by this activity in 2007 responded by
flushing into the water (671 sea lions, 68 harbor seals, and 0 elephant
seals) and the rest responded to a lesser degree by moving some
distance on land when the researchers approached. Though the
researchers have not stayed to find how soon pinnipeds return after
flushing (leaving as soon as possible minimizes the effects),
increasing numbers at some of the sites and pinniped presence at sites
where they were not present before suggest that the research is not
having any long-term detrimental effects on the population of any of
these three species. Older, weaned sea lion pups and juveniles were
seen and disturbed at site 8, and a small number (5) were flushed into
the water, but none were known to be injured in any way.

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California sea lions Pacific harbor seals Northern elephant seals
Site -------------------------------------------------------------------------------
Year Month Date # Present at Present at Present at
site Disturbed site Disturbed site Disturbed
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2007............................ January........... 19 1 61 50 0 0 6 1
2007............................ January........... 20 1 58 51 0 0 6 0
2007............................ October........... 27 1 88 76 0 0 0 0
2007............................ January........... 6 2 0 0 0 0 0 0
2007............................ January........... 7 2 0 0 0 0 0 0
2007............................ February.......... 3 2 0 0 0 0 0 0
2007............................ February.......... 17 2 0 0 0 0 0 0
2007............................ October........... 26 2 0 0 0 0 0 0
2007............................ January........... 18 3 0 0 0 0 0 0
2007............................ January........... 29 3 0 0 0 0 0 0
2007............................ February.......... 1 3 0 0 0 0 0 0
2007............................ February.......... 2 3 0 0 0 0 0 0
2007............................ February.......... 16 3 0 0 0 0 0 0
2007............................ October........... 26 3 0 0 0 0 0 0

[[Page 70314]]

2007............................ October........... 28 3 0 0 0 0 0 0
2007............................ January........... 21 4 0 0 0 0 0 0
2007............................ February.......... 1 4 2 2 0 0 0 0
2007............................ February.......... 4 4 0 0 0 0 0 0
2007............................ October........... 25 4 0 0 0 0 0 0
2007............................ January........... 30 5 79 43 33 15 42 0
2007............................ January........... 4 6 306 161 53 31 57 0
2007............................ January........... 30 6 271 130 39 22 291 0
2007............................ February.......... 14 7 130 94 8 0 41 0
2007............................ February.......... 15 7 237 226 0 0 8 0
2007............................ January........... 17 8 168 131 0 0 8 0
2007............................ January........... 31 8 330 225 0 0 9 0
2007............................ October........... 24 8 103 92 0 0 0 0
2007............................ February.......... 18 8 65 35 0 0 0 0
2007............................ January........... 3 9 0 0 0 0 3 1
2007............................ January........... 5 9 1 1 0 0 3 0
2007............................ February.......... 16 9 0 0 0 0 6 0
Totals.............................................................. 1899 1317 133 68 480 2
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# that flushed into water................................... ........... 671 (51%) ........... 68 (100%) ........... 0
# moved > 1m, but not into water............................ ........... 458 (35%) ........... 0 ........... 2 (100%)
# came alert, but did not move > 1 m........................ ........... 188 (14%) ........... 0 ........... 0
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Table 1. Results from 2006-2007 monitoring. Number of ``disturbed'' animals indicates total of the three categories of recorded reactions, which
include: Animals that flushed into the water; animals that moved more than 1 m, but did not enter the water; and, animals that moved or changed
direction, but did not move more than 1 m.

Proposed Mitigation

Several mitigation measures to reduce the potential for harassment
from population assessment research surveys would be (or are proposed
to be implemented) implemented as part of the SNI abalone research
activities. Primarily, mitigation of the risk of disturbance to
pinnipeds requires that researchers are judicious in the route of
approach to abalone study sites, avoiding close contact with pinnipeds
hauled out on shore. In no case will marine mammals be deliberately
approached by abalone survey personnel, and in all cases every possible
measure will be taken to select a pathway of approach to study sites
that minimizes the number of marine mammals harassed. Each visit to a
given study site will last for a maximum of 4 hours, after which the
site is vacated and can be re-occupied by any hauled marine mammals
that may have been disturbed by the presence of abalone researchers.
The potential risk of injury or mortality would be avoided with the
following proposed measures. Disturbances to females with dependent
pups (in the cases of California sea lions and Pacific harbor seals)
will be mitigated to the greatest extent practicable by avoiding visits
to the four black abalone study sites with resident pinnipeds during
periods of breeding and lactation from mid-February through mid-
October. During this period, abalone research would be confined to the
other five sites where pinniped breeding and post-partum nursing does
not occur. Limiting visits to the four breeding and lactation sites (5,
6, 7, and 8) to periods when these activities do not occur (second half
of October, November, December, January, and the first half of
February) will reduce the possibility of incidental harassment and the
potential for injury or mortality of dependent California sea lion pups
and Pacific harbor seal pups to near zero.
Northern elephant seal pups are present at four sites during winter
months. Risks of injury or mortality of elephant seal pups by mother/
pup separation or trampling are limited to the period from January
through March when pups are born, nursed, and weaned, ending about 30
days post-weaning when pups depart land for foraging areas at sea.
However, elephant seals have a much higher tolerance of nearby human
activity than sea lions or harbor seals. Also, elephant seal pupping
typically occurs on the sandy beaches at SNI, approximately 50 m (164
ft) or more away from the abalone study sites. Possible take of
northern elephant seal pups will be minimized by using a very careful
approach to the study sites and avoiding the proximity of hauled seals
and any seal pups during collection of abalone population data.
One individual Guadalupe fur seal was seen at study site 8 on two
separate occasions during the summer months in the mid-1980's. Since
the original sightings, no individuals of this species have been seen
during abalone research. However, to ensure that Guadalupe fur seals
are not affected by these activities and that authorization is not
needed pursuant to the MMPA or the ESA, researchers will only visit
site 8 from mid-October through mid-February with a single proposed
visit in July, and work will be immediately suspended and researchers
vacated if an individual is seen. Guadalupe fur seals are distinctive
in appearance and behavior, and can be readily identified at a distance
without any disturbance.
Sea otters, which are federally listed as threatened under the ESA
and managed by the U.S. Fish and Wildlife Service (USFWS), are not
expected ashore during the time periods when the research activities
would be conducted. However, if sea otters are sighted ashore during
the abalone research, Dr. VanBlaricom would follow similar procedures
in place for fur seals to avoid impacts, suspending research activities
in any areas California sea otters are occupying.

Proposed Monitoring

Currently, all biological research activities at SNI are subject to
approval and regulation by the Environmental Planning and Management
Department (EPMD), U.S. Navy. The U.S. Navy owns SNI and closely
regulates all civilian access to, and activity on, the island,
including biological research. Therefore,

[[Page 70315]]

monitoring activities will be closely coordinated with Navy marine
mammal biologists located on SNI.
In addition, status and trends of pinniped aggregations at SNI are
monitored by the NMFS Southwest Fisheries Science Center (SWFSC). Also,
long-term studies of pinniped population dynamics, migratory and
foraging behavior, and foraging ecology at SNI are conducted by staff
at Hubbs-Sea World Research Institute (HSWRI).
Proposed monitoring requirements in relation to Dr. VanBlaricom's
abalone research surveys will include observations made by the
applicant and his associates. Information recorded will include species
counts (with numbers of pups), numbers of observed disturbances, and
descriptions of the disturbance behaviors during the abalone surveys.
Observations of unusual behaviors, numbers, or distributions of
pinnipeds on SNI will be reported to EPMD, NMFS, and HSWRI so that any
potential follow-up observations can be conducted by the appropriate
personnel. In addition, observations of tag-bearing pinniped carcasses
as well as any rare or unusual species of marine mammals will be
reported to EPMD and NMFS.
If at any time injury or death of any marine mammal occurs that may
be a result of the proposed abalone research, Dr. VanBlaricom will
suspend research 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.

Proposed Reporting

A draft final report must be submitted to NMFS within 60 days after
the conclusion of the year-long field season or 60 days prior to the
start of the next field season if a new IHA will be pursued. The report
will include a summary of the information gathered pursuant to the
monitoring requirements set forth in the IHA. A final report must be
submitted to the Regional Administrator 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.
Dr. VanBlaricom has already submitted the final report required by
the current IHA and it may be viewed on the NMFS website (see ADDRESSES).

Numbers of Marine Mammals Expected To Be Harassed

NMFS has determined that these are small numbers, relative to
population estimates, of California sea lions, Pacific harbor seals,
and northern elephant seals (1.3, 0.2, and .04 percent of the minimum
population, respectively).
The distribution of pinnipeds hauled out on beaches is not even
between sites or at different times of the year. The number of marine
mammals disturbed will vary by month and location, and, compared to
animals hauled out on the beach farther away from survey activity, only
those animals hauled out closest to the actual survey transect plots
contained within each research site are likely to be disturbed by the
presence of researchers and alter their behavior or attempt to move out
of the way.
Table 2 depicts the total numbers of animals encountered and
disturbed by Level B Harassment in Dr. VanBlaricom's 2004, 2005, 2006,
and 2007 abalone survey field seasons. As discussed earlier, NMFS
considers an animal to have been harassed if it moved any distance in
response to the researcher's presence or if the animal was already
moving and changed direction. Animals that raised their head and looked
at the researcher without moving were not considered disturbed. Based
on past observations and assuming a maximum level of incidental
harassment of marine mammals at each site during periods of visitation,
NMFS estimates that the maximum total possible numbers of individuals
that will be incidentally harassed during the effective dates of the
proposed IHA would be 1610 California sea lions, 100 Pacific harbor
seals, and 20 northern elephant seals may be taken by harassment as a
result of this activity.

--------------------------------------------------------------------------------------------------------------------------------------------------------
California sea lions Pacific harbor seals Northern elephant seals
-----------------------------------------------------------------------------------------------
Year Present Present Present
around site Est. harassed around site Est. harassed around site Est. harassed
--------------------------------------------------------------------------------------------------------------------------------------------------------
2004.................................................... 2239 1472 108 99 562 7
2005.................................................... 1383 983 99 88 409 9
2006.................................................... 1564 1045 57 50 623 14
2007.................................................... 1899 1317 133 68 480 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Table 2. Estimated number of each species harassed over the last three years of abalone research. Minimum population estimates for California sea lions,
Pacific harbor seals, and Northern elephant seals are 138881, 31600, and 60547, respectively.

Potential Effects of Activities on Marine Mammal Habitat

NMFS anticipates that the action will result in no impacts to
marine mammal habitat beyond rendering the areas immediately around
each of the nine study sites less desirable as haul-out sites for a
total of 8.5 hours per year. Three visits to each site are anticipated
during the year-long validity of the IHA.
ESA
For the reasons already described in this Federal Register Notice,
NMFS has determined that the described abalone research and the
accompanying IHA will have no effect on species or critical habitat
protected under the ESA (specifically, the Guadalupe fur seal).
Therefore, consultation under Section 7 is not required.
National Environmental Policy Act (NEPA)
NMFS prepared an Environmental Assessment (EA) of the Issuance of
an IHA to Take Marine Mammals, by Harassment, During Black Abalone
Research at SNI, California, which analyzed the issuance of multiple
IHAs over several years for these activities, and subsequently issued a
Finding of No Significant Impact (FONSI) on November 21, 2005. The
proposed 2008 action is the same as was analyzed in the 2005 EA and the
EA remains applicable. A copy of the EA and FONSI are available upon
request (see ADDRESSES).

Conclusions

Based on Dr. VanBlaricom's application and monitoring reports for
previous field seasons, as well as the analysis contained herein, NMFS
has preliminarily determined that the impact of the described abalone
research at SNI will result, at most, in a temporary modification in
behavior by small numbers of California sea lions, Pacific harbor
seals, and northern elephant seals, in the form of head alerts,
movement away from the researchers and/or flushing from the

[[Page 70316]]

beach. In addition, no take by injury or death is anticipated, and take
by harassment will be at the lowest level practicable due to
incorporation of the 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.

Proposed Authorization

NMFS proposes to issue an IHA to Dr. Glenn R. VanBlaricom for the
harassment of California sea lions, Pacific harbor seals, and northern
elephant seals incidental to black abalone population trend research,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.

Dated: December 5, 2007.
P. Michael Payne,
Chief, Permits, Conservation and Education Division, Office of
Protected Resources, National Marine Fisheries Service.
[FR Doc. E7-23995 Filed 12-10-07; 8:45 am]
BILLING CODE 3510-22-P

Notices For
2009
2008
2007
2006
2005
2004
2003
2002
2001
2000
1999
1998
1997
1996
1995
1994

Incidental Takes of Marine Mammals During Specified Activities; Black Abalone Research Surveys at San Nicolas Island, Ventura County, CA

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