Small Takes of Marine Mammals Incidental to Specified Activities;
Tatoosh Island, WA Storage Tank Removal Project
[Federal Register: June 4, 1998 (Volume 63, Number 107)]
[Notices]
[Page 30476-30478]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr04jn98-40]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 050198C]
Small Takes of Marine Mammals Incidental to Specified Activities;
Tatoosh Island, WA Storage Tank Removal Project
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of proposed authorization for a small take exemption;
request for comments.
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SUMMARY: NMFS has received a request from the U.S. Coast Guard's Civil
Engineering Unit, Oakland, CA (U.S. Coast Guard) for authorization to
take small numbers of California sea lions, Pacific harbor seals, and
Steller sea lions by harassment incidental to removing three
underground storage tanks (USTs) and one or two above-ground storage
tanks (ASTs) at the Cape Flattery Light Station on Tatoosh Island,
Callam County, WA. Under the Marine Mammal Protection Act (MMPA), NMFS
is requesting comments on its proposal to authorize the U.S. Coast
Guard to incidentally take, by Level B harassment, small numbers of
seals and sea lions in the above-mentioned area after September 1,
1998.
DATES: Comments and information must be received on or before July 6,
1998.
ADDRESSES: Comments on the application should be addressed to Chief,
Marine Mammal Division, Office of Protected Resources, National Marine
Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-
3225. A copy of the application, and/or a list of references used in
this document may be obtained by writing to this address or by
telephoning one of the contacts listed here.
FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of
Protected Resources at 301-713-2055,
[[Page 30477]]
or Brent Norberg, Northwest Regional Office at 206-526-6733.
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.
Permission may 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 and that the permissible methods of
taking and requirements pertaining to the 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.''
Subsection 101(a)(5)(D) of the Marine Mammal Protection Act
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. The MMPA now defines ``harassment'' as:
...any act of pursuit, torment, or annoyance which (a) has the
potential to injure a marine mammal or marine mammal stock in the
wild; or (b) 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.
Subsection 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
small numbers 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 April 27, 1998, NMFS received a request from the U.S. Coast
Guard for authorization to take small numbers of California sea lions
(Zalophus californianus), Pacific harbor seals (Phoca vitulina), and
Steller sea lions (Eumetopias jubatus) by harassment incidental to
removing three USTs and one or two ASTs at the Cape Flattery Light
Station on Tatoosh Island, Callam County, WA.
The expected impact on marine mammals will be from the noise
created by the arrival and departure of heavy-lift, tandem-rotor
helicopters. Heavy-lift helicopters will be used to sling equipment and
materials to and from the project. The most common heavy-lift
helicopters commercially available in the Pacific Northwest are the
Boeing 234 Chinook and Vertol 107-II.
Large equipment and materials will be slung 30 to 50 ft below the
helicopter, depending upon the load's dynamics. Personnel, small
equipment, and supplies will be carried internally. Materials removed
from the site will include two 500-gallon (1,892.5-ltr) USTs, a 1,000-
gallon (3,785-ltr) UST, contaminated water (estimated at 2,000 gallons
(7,570 ltrs), contaminated soil (estimated at 15 cubic yards (11.5
m<SUP>3</SUP>), a 33,000-gallon (124,905-ltr) AST, and possibly a
2,000-gallon (7,570-ltr) AST.
Removal of the USTs and ASTs will take place over a 3-week period
commencing on or about September 1, 1998. During approximately 4 days
of work during that 3-week period, helicopters will make approximately
23 trips to and from the site. It should be noted that this activity is
required by 40 CFR part 280 subpart G, Out-of-Service UST Systems and
Closure and is necessary to protect the environment from leaking UST/
ASTs.
Description of Marine Mammals Affected by the Activity
California sea lions, Pacific harbor seals, and Steller sea lions
are the three species expected to be impacted by the UST and AST
removal. Information additional to the information provided here can be
found in Barlow et al. (1995, 1997).
Harbor Seal
The harbor seal is the most abundant pinniped in Washington State
with 319 haulouts in the state. They are present all year, but peak
harbor seal abundance on land occurs from May through July or August,
followed by a sharp decline in abundance in the fall and winter. Along
the coast of Washington, pupping occurs in May/June. Pups are weaned at
approximately 4 weeks, and nursery sites are then abandoned.
Studies of harbor seal populations in the Northwest suggest a
growth rate of approximately 7.0 percent for the population from 1978
to 1993, slowing somewhat from 1991 to 1993 to approximately 3.7
percent (Huber et al., 1995). In 1993, the Washington population was
estimated at over 34,000 (Huber, 1995). Harbor seals are common
throughout the waters of the Strait of Juan de Fuca; 200 harbor seals
are estimated to be on Tatoosh Island during September (Pat Gearin,
pers. comm).
California Sea Lion
The population of California sea lions ranges from Mexico to
Vancouver Island (NMFS, 1992, 1997). Along Washington's outer coast,
the greatest number of sea lions is present in October and November. A
spring peak in numbers occurs offshore Oregon as animals from British
Columbia and Washington pass Oregon and northern California as they
return to rookeries in southern California.
Since nearing extinction in the early part of this century, their
numbers have increased at approximately 5 percent per year (Barlow et
al., 1995). In the U.S., they breed during July after pupping in late
May to June, primarily in the Channel Islands of California. Nearly all
animals in Washington are non-breeding males. Few females and no pups
have been sighted, so the breeding stock of this species will not be
affected by the activity. California sea lions migrate northward into,
and remain in, Washington waters from September until June. Southward
migration peaks in Washington in March and April.
Population estimates for the species range from 167,000 to 188,000
(Barlow et al., 1997). The number of California sea lions on Tatoosh
Island during September is estimated at 50 (Pat Gearin, NMML, pers.
comm).
Steller Sea Lion
The Steller sea lion has been divided into two groups along a line
in the western Gulf of Alaska. In 1990, the entire sea lion population
was listed as threatened under the Endangered Species Act (ESA) because
of pronounced declines in the western group.
Breeding begins uniformly throughout the sea lion's range in mid-
May, and the highest pup counts occur in early July (Bonnell et al.,
1992). These mammals prefer the outer coast of Washington and the
Strait of Juan de Fuca, especially in late fall (Bonnell et al., 1992).
This species is common throughout most of the area, especially near the
entrance to the Strait of Juan de Fuca. Hill et al. (1997) estimate the
population size for the eastern stock of this species at
[[Page 30478]]
23,900. As many as 300 Steller sea lions have been found using Tatoosh
haulouts during the time the project will occur (Gearin and Jeffries,
1996).
Potential Effects on Marine Mammals
The noise from the helicopters passing overhead is likely to
startle any pinnipeds ashore at the time and result in their leaving
the land for the water. Safety concerns will dictate the direction of
arrival and departure but it is likely that many flights will be
sufficiently close to one or more haul-outs that pinnipeds ashore at
the time will flee to the water. Hovering, which causes the most noise,
will be limited to the time it takes to unsling the equipment at the
UST/AST removal site on the top of the island. Except for helicopter
operations, all other activities associated with the UST/AST removals
will take place either on the mainland or on top of the island and
should have no effect on the seals and sea lions.
There are four haulout sites on or near Tatoosh Island, which is
part of the Makah Nation. These sites are used by Steller sea lions,
Pacific harbor seals, and California sea lions.
Seals and sea lions haul out onto dry land for various biological
reasons, including sleep (Krieber and Barrette, 1984; Terhune, 1985),
predator avoidance, and thermoregulation (Barnett, 1992). For example,
harbor seals spend most of the evening and nighttime hours in the ocean
(Bowles and Stewart, 1980), and hauled-out seals spend much of their
daytime hours in apparent sleep (Krieber and Barrette, 1984; Terhune,
1985). In addition to sleep, seals and sea lions apparently leave the
ocean to avoid aquatic predators and excessive heat loss to the sea
water (Barnett, 1992).
However, the advantages of hauling out are counterbalanced by
dangers of the terrestrial environment, including predators. Because of
these opposing biological forces, haulout groups are often temporary,
unstable aggregations (Sullivan, 1982).
The size of the haulout group is thought to be an anti-predator
strategy (da Silva and Terhune, 1988). By increasing their numbers at a
haulout site, seals (and sea lions) optimize the opportunities for
sleep by minimizing the requirement for individual vigilance against
predators (Krieber and Barrette, 1984). This relationship between seals
and their predators is thought to have represented a strong selection
pressure for startle behavior patterns (da Silva and Terhune, 1988). As
a result, harbor seals, which have been subjected to extensive
predation and hunting, rush into the water at the slightest alarm
(Arseniev, 1986) unless they have become habituated to the disturbance
(Lagomarsino, pers. commn.).
Startle response in harbor seals can vary from a temporary state of
agitation by a few individuals to the complete abandonment of the beach
area by the entire colony. Normally, when harbor seals are frightened
by noise or by the approach of a boat, plane, human, or potential
predator, they will move rapidly to the relative safety of the water.
Depending upon the severity of the disturbance, seals may return to the
original haulout site immediately, stay in the water for some length of
time before hauling out, or haul out in a different area. When
disturbances occur late in the day, harbor seals may not haul out again
until the next day.
The total number of incidental harassment takes to the seals and
sea lions is estimated by the applicant at 12,650. The number by
species is: Stellers, 6,900; harbor seal, 4,600; and California sea
lions, 1,150. This estimate uses the maximum potentional number of
animals (550) and 23 flights. The U.S. Coast Guard believes the number
should be significantly less because each flight may not have the same
impact on each haulout. It is also likely that, as the noise impacts
continue, animals will temporarily leave the haulout for other haulouts
rather than return only to be driven away again.
Mitigation
Because access to Tatoosh Island is limited to small boats and foot
traffic, use of helicopters is the only identified means to remove the
UST/ASTs. The U.S. Coast Guard has scheduled the work to avoid the
pupping and molting season for harbor seals.
NMFS proposes to require the helicopters remain at the greatest
altitude practicable prior to landing on Tatoosh Island, to attain the
greatest altitude practicable at time of takeoff, and to avoid direct
overflights of the haulouts.
Monitoring and Reporting
During any time that helicopter activities are undertaken,
monitoring is proposed to be conducted by a minimum of one trained
biologist who is approved in advance by NMFS. Observations will be made
at the haulout site nearest the planned flight path of the helicopter.
If neither seals nor sea lions are ashore at the time of the flight,
observations will be made at the next nearest haulout site. The U.S.
Coast Guard will provide a report to NMFS within 120 days of the
completion of the project. This report will provide dates and locations
of operations, details of marine mammal sightings, including the number
of pinipeds, by species and haulout location, that fled from the beach
because of helicopter activities, the number returning subsequent to
the disruption, and estimates of the amount and nature of all takes by
harassment.
Consultation
Under section 7 of the Endangered Species Act, NMFS has begun
consultation on the proposed issuance of an incidental harassment
authorization. Consultation will be concluded upon completion of the
comment period and taking into consideration those comments received on
the proposed issuance of an authorization.
Conclusions
NMFS has preliminarily determined that the short-term impact of
four days of helicopter flights over Tatoosh Island is expected to
result in a temporary reduction in utilization of the haulout as seals
and sea lions leave the beach for the safety of the water. Helicopter
activity is not expected to result in any reduction in the number of
harbor seals, California sea lions, or Steller sea lions, and these
species are expected to continue to occupy the same area. This
behavioral change is expected to have a negligible impact on the
animals. Additionally, there will not be any impact on the habitat
itself.
Proposed Authorization
NMFS proposes to issue an incidental harassment authorization to
the U.S. Coast Guard for possible Level B harassment of small numbers
of California sea lions, Pacific harbor seals, and Steller sea lions.
NMFS has preliminarily determined that the proposed activities would
result in the harassment of only small numbers of each of these species
of marine mammals and would have no more than a negligible impact on
these marine mammal stocks.
Information Solicited
NMFS requests interested persons to submit comments, information,
and suggestions concerning this request (see ADDRESSES).
Dated: May 29, 1998.
Patricia A. Montanio,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-14872 Filed 6-3-98; 8:45 am]
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