[Federal Register Volume 63, Number 251 (Thursday, December 31, 1998)]
[Notices]
[Pages 72285-72287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34710]
[[Page 72285]]
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 102198A]
Small Takes of Marine Mammals Incidental to Specified Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of issuance of an incidental harassment authorization.
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SUMMARY: In accordance with provisions of the Marine Mammal Protection
Act (MMPA) as amended, notification is hereby given that an Incidental
Harassment Authorization (IHA) has been issued to the Washington State
Department of Corrections (WDOC) to take small numbers of harbor seals
by harassment incidental to the nonexplosive demolition and
construction of the Still Harbor Dock Facility on McNeil Island in
southern Puget Sound for a period of 1 year.
DATES: This authorization is effective from January 1, 1999, through
December 31, 1999.
ADDRESSES: The application, authorization, and a 1994 environmental
assessment (EA) are available by writing to the following offices:
Marine Mammal Division, Office of Protected Resources, NMFS, 1315 East-
West Highway, Silver Spring, MD 20910-3225, or the Northwest Region,
NMFS, Bldg 1, 7600 Sand Point Way, Seattle, WA 98115, or by telephoning
one of the contacts listed here.
The Washington State Final Environmental Impact Statement (FEIS)
and other documents are available for review during regular business
hours at these same offices.
FOR FURTHER INFORMATION CONTACT: Kenneth R. Hollingshead, Office of
Protected Resources, NMFS, (301) 713-2055, or Brent Norberg, Northwest
Regional Office, NMFS, (206) 526-6733.
SUPPLEMENTARY INFORMATION:
Background
Subsections 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 taking 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 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. 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.
Background of Request
On September 18, 1998, NMFS received an application from the WDOC
requesting an authorization for the possible harassment of small
numbers of harbor seals incidental to work involved in the removal and
replacement of the Still Harbor Dock Facility (Dock Facility), a foul
weather landing facility for the McNeil Island Corrections Center,
McNeil Island, WA. (The Quitclaim Deed, which transferred the property
from Federal to state control, limits the use of the Still Harbor Dock
to emergency situations because of the Gertrude Island harbor seal
population.) Significant deterioration of the existing facility,
including the collapse on May 24, 1994, of the steel-pile-supported
concrete center portion of the facility, has resulted in the need for
major renovation in order to maintain a safe, functional facility.
On January 23, 1995, NMFS issued an IHA to the WDOC under
subsection 101(a)(5)(D) of the MMPA for this project (see 60 FR 7046,
February 6, 1995). However, removal of the Dock Facility was not
completed; the IHA expired 1 year after authorization; and a renewal
was not requested since that time.
The renovation will include demolition of the existing facility;
construction of a new pile-supported concrete access trestle
approximately 350 ft (107 m) long by 10 ft (3.0 m) wide, a new 50 ft
(15.2 m) long by 5 ft (1.5 m) wide aluminum gangway, seven new 10 ft
(3.0 m) wide and 50 ft (15.2 m) long and one new 14 ft (4.3 m) wide and
60 ft (18.3 m) long concrete floats; and 60 steel pipe and prestressed
concrete piles. All new structures will be constructed within the
footprint of the existing facility. The new dock will be significantly
smaller than planned in 1994 (8,000 ft2 v. 20,000
ft2). Additional information on the dock facility and the
Corrections Center in general can be obtained by referring to the FEIS
published by the WDOC in 1989 in compliance with the State
Environmental Policy Act of 1971 (chapter 43.21C, Revised Code of
Washington). This document and the 1998 Addendum are available for
viewing (see ADDRESSES).
In an effort to minimize noise from these activities, no explosives
will be used for demolition. The dock removal and construction
schedules were developed to avoid reproductively sensitive life history
periods of several species of wildlife, including harbor seals. The
demolition and pile-driving activities are anticipated to be completed
in one season's specified work window, from December 1998 or January
1999 through March 15 or April 1, 1999. Above-water work is scheduled
to continue through to the end of August 1999.
Comments and Responses
A notice of receipt of the application and proposed authorization
was published on October 29, 1998 (63 FR 58012), and a 30-day public
comment period was provided on the application and proposed
authorization. During the 30-day comment period, comments were received
from the Marine Mammal Commission (MMC).
Comment: The MMC recommends, as it did in 1994, that the proposed
incidental harassment authorization not be issued until the
uncertainties and details of the monitoring program have been worked
out and NMFS is able to
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reasonably conclude that the monitoring program is appropriate to
detect any possible harmful effects on the local harbor seal
population.
Response: NMFS concurs that monitoring should be carried out (as
required by the MMPA). NMFS believes that the level and extent of
monitoring required for ``harassment'' takings must be weighed against
the anticipated level of impact. For this type of activity, NMFS
believes that observations prior to, during, and subsequent to any
noise disturbance activities will provide sufficient information on the
impact of disturbance. Also, since the Gertrude Island harbor seal
haul-out is the largest in Puget Sound and has been studied by both
Washington Department of Fish and Wildlife (WDFW) and NMFS, sufficient
baseline data have already been recorded. To ensure that observations
take place during demolition work, a condition of the IHA in 1994, and
again this year, is for WDOC to notify both NMFS and the WDFW at least
48 hours prior to commencement of work in order to allow observations
of harbor seals prior to work beginning. To ensure that observations
take place during demolition work, if NMFS and/or WDFW biologists are
not available during demolition, the WDOC is required to contract with
trained marine mammal biologists for behavioral observations to be made
during any work on the McNeil Island Dock. The IHA requires a report on
these observations be provided within 90 days of completion of work.
Harbor Seals
A description of the harbor seals found in Puget Sound and on
Gertrude Island can be found in the notice of proposed authorization
and need not be repeated here.
Expected Impact to Harbor Seals
The impact to the harbor seals would be disturbance by noise, which
is anticipated to result in a negligible short-term impact to a small
number of harbor seals. When harbor seals are frightened by noise or by
the approach of a boat, plane, human, or other potential predator, the
seals will move rapidly to the relative safety of the water. Depending
upon the severity of the disturbance, seals may return to the original
haul-out site immediately, stay in the water for some length of time
before hauling out, or haul out in a different area (Johnson, 1977;
Skidmore and Babson, 1981). These short term disturbances and site
reoccupation were confirmed by observations conducted during the first
phase of the project (WDOC, 1997). Disturbances tend to have a more
serious effect when herds are pupping or nursing, when aggregations are
dense, and during the molting season (Jones and Stokes, 1989).
Short-term impact of the activities is expected to result in a
temporary reduction in utilization of the haulout while work is in
progress or until the seals acclimate to the disturbance. The specific
activities will not result in any reduction in the number of seals, and
they are expected to continue to occupy the same area of Gertrude
Island. The abandonment of Gertrude Island as a harbor seal haulout and
rookery is not anticipated due to the existing level of human activity
on and around the dock for over 50 years (Jones and Stokes, 1989).
Human activity increases annually in the late fall and winter months
when the use of the dock facility serving as a foul weather moorage for
WDOC passenger ferries, barges, tugboats, and patrol boats increases.
In addition, the activities are anticipated to have no long-term
impact on the habitat of harbor seals. No direct physical impact to the
habitat will occur due to the dock reconstruction as all new facilities
will occur within the footprint of the original structure. Mitigation
measures (discussed here) under an MMPA IHA are expected to reduce any
impacts to a negligible level.
Mitigation
Efforts to ensure negligible impact of the dock renovation project
on harbor seals identified by the WDOC include:
1. A December 1-July 15 (or whenever newborn pups are first
observed on Gertrude Island) work schedule for those activities that
are predicted to disturb harbor seals in order to avoid adversely
affecting harbor seals during the pupping and nursing season (July 15
to October 15);
2. A 1,000-ft (305 m) no-entry buffer zone around Gertrude Island
to minimize the impact of vessel traffic on harbor seals during the
project (the buffer zone will be marked by floats);
3. Construction activities and seal behavior will be monitored by
marine biologists to ensure that impacts on seals will be minimal;
4. The demolition will not utilize any explosives;
5. The removal of material and debris will be in the largest sizes
possible, and the removed materials will be transported off site for
disposal; and
6. To mitigate noise levels and, thereby, impacts to harbor seals,
all construction equipment should comply as much as possible with
applicable equipment noise standards of the U.S. Environmental
Protection Agency (EPA, 1974), and all construction equipment should
have noise control devices (e.g., mufflers) no less effective than
those provided on the original equipment.
Monitoring
The Gertrude Island haulout has been the site of research projects
on harbor seals for a number of years. Research efforts by NMFS and
WDFW include a radio tag study to learn about feeding behavior of the
seals. The IHA requires WDOC to notify NMFS, and the WDFW prior to work
in order to coordinate this research.
While monitoring impacts from construction is planned to be
conducted by WDFW, the WDOC may contract with a private contractor to
monitor activities if WDFW biologists are unavailable.
Conclusions
NMFS has determined that the short-term impact of taking small
numbers of harbor seals by harassment incidental to the demolition and
construction of the Dock Facility on McNeil Island is expected to
result at worst in a temporary reduction in utilization of the impacted
haulout(s) as seals leave the beach for the safety of the water. The
activity is not expected to result in any reduction in the number of
harbor seals, and these animals are expected to continue to occupy the
same area. This behavioral change is expected to have no more than a
negligible impact on the animals. Additionally, there will not be any
impact on the habitat itself. Since NMFS is assured that the taking
would not result in more than the incidental harassment (as defined by
the MMPA Amendments of 1994) of small numbers of marine mammals, would
have only a negligible impact on these stocks, would not have an
unmitigable adverse impact on the availability of these stocks for
subsistence uses, and would result in the least practicable impact on
the stocks, NMFS has determined that the requirements of subsection
101(a)(5)(D) of the MMPA have been met and the authorization can be
issued.
Authorization
Accordingly, on the date of this notice, NMFS issued an incidental
harassment authorization to the WDOC for 1 year for the demolition and
reconstruction of the Dock Facility located on McNeil Island in the
State of Washington, provided the above mentioned mitigation measures
and reporting requirements are incorporated. NMFS has determined that
the demolition of the Dock Facility would result in the harassment
taking of only
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a small number of harbor seals, would have a negligible impact on the
harbor seal stock, and would not have an adverse impact on the
availability of this stock for subsistence uses.
Dated: December 23, 1998.
Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 98-34710 Filed 12-30-98; 8:45 am]
BILLING CODE 3510-22-F
