[Federal Register Volume 64, Number 34 (Monday, February 22, 1999)]
[Notices]
[Pages 8548-8549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-4292]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[I.D. 011999A]
Small Takes of Marine Mammals Incidental to Specified Activities;
La Jolla Children's Pool Beach Management and Water Quality 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 City of San Diego's Parks
and Recreation Department for authorization to take small numbers of
Pacific harbor seals by harassment incidental to excavating and
removing beach sand at the La Jolla Children's Pool, La Jolla, CA.
Under the Marine Mammal Protection Act (MMPA), NMFS is requesting
comments on its proposal to authorize the City of San Diego to
incidentally take, by harassment, small numbers of seals in the above-
mentioned area.
DATES: Comments and information must be received on or before March 24,
1999.
ADDRESSES: Comments on the application should be addressed to the
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 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, or Joe Cordaro, Southwest Regional
Office at 562-980-4017.
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 December 28, 1998, NMFS received a request from the City of San
Diego for authorization to take small numbers of Pacific harbor seals
(Phoca vitulina) and possibly 1 to 2 California sea lions (Zalophus
californianus) and northern elephant seals (Mirounga angustirostris) by
harassment incidental to excavating and removing 3,000 yd3
(2,295 m3) of beach sand at the La Jolla Children's Pool.
The La Jolla Children's Pool was constructed in 1931 to provide a
sheltered swimming area for children in La Jolla. Over time, the beach
behind the breakwater has gradually widened as sand has accumulated in
the sheltered pool. By 1998, the shoreline had advanced to near the end
of the breakwater, at the mouth of the pool, leaving very little area
for recreational swimming. The lack of a protected swimming area and
the proximity to dangerous rip current conditions near the breakwater
opening have created significant safety concerns.
In addition to the restricted use and associated dangers due to
sand accretion, recreational use has been further compromised by a
population of harbor seals that regularly use the Children's Pool area
as a haul-out area. Seal feces from the concentrated harbor seal
population have resulted in fecal coliform bacteria counts that
significantly exceed State water quality standards for bathing beaches
and body
[[Page 8549]]
contact areas. DNA testing has confirmed the harbor seal population as
the source of the bacterial contamination. As a result, the Children's
Pool has been determined unsafe for human contact and has been closed
to the public for all water contact since September 4, 1997. Moreover,
the presence of the large seal population attracts large numbers of
non-bathing observers to the beach area. This interaction has raised
additional safety concerns for both humans and the seals.
The La Jolla Children's Pool Beach Management and Water Quality
Project proposes to restore a safe swimming area and acceptable water
quality to the pool by reducing the beach width.
Out of 4,200 yd3 (3,213 m3) of sand in the
pool area, approximately 3,000 yd3 (2,295 m3)
will be excavated and removed to narrow the beach. Approximately 20
truckloads, or 100 yd3 (76.5 m3) per day, will be
excavated from the Pool and transported to the disposal site. As a
result, it is expected that the sand excavation activity will take up
to 30 working days to complete. With a proposed completion date of May
27, 1999, should the timeline require fewer days for completion, the
Project proposes using larger trucks to complete the project. After
sand removal, the beach profile will be slowly adjusted such that the
pool will be deeper and wider at the outer side, and shallower and
narrower at the landward side, providing children with a safe area to
swim. The City of San Diego expects that the excavation will enlarge
the area available for recreational swimming and provide a safe region
for the public away from the dangerous rip currents, and, by reducing
the area available for harbor seals, water quality levels are expected
to return to former levels that were acceptable and safe for human
contact.
Description of Marine Mammals Affected by the Activity
General information on harbor seals and other marine mammal species
found in Southern California waters can be found in Barlow et al.
(1995, 1997). Please refer to those documents for information on these
species.
Based on the most recent harbor seal counts (23,302 in May/June
1995; Hanan, 1996) and on Hanan's revised correction factor (1.3), the
harbor seal population in California is estimated to number 30,293
(Barlow et al., 1997). In California, there are approximately 400 to
500 harbor seal haul-out sites, widely distributed along the mainland
and at offshore islands, including intertidal sandbars, rocky shores,
and beaches.
In the Children's Pool area, researchers found that the monthly
peak counts of harbor seals (based upon ground counts) present during
the 2-year survey ranged from 11 to 142 (Yochem and Stewart, 1996). The
range of other marine mammals present included 1 to 2 California sea
lions and 1 northern elephant seal. While no seal births were observed
in the Pool area during the study period, a few nursing pups were
observed from April through June, with peak pup counts taking place in
June.
Potential Effects on Marine Mammals
The marine mammal most likely to be impacted by the sand removal
project is the harbor seal. However, one or two California sea lions
and/or northern elephant seals might also be affected. The type of
taking anticipated will be incidental harassment caused by the noise of
excavation equipment and truck traffic. It is anticipated that the
seals may be disturbed and will be flushed from the beach upon
initiation of activities on a daily basis, unless they become
acclimated to the activity. The number of seals disturbed will vary
depending, in part, on the tidal elevation at the nearby haul-out site
at Seal Rock at the time of initiation of the activity. Because the
project will work only during daylight hours, seals may haul out upon
conclusion of the day's activities. Alternatively, due to the activity
of heavy machinery required to move the sand off the beach, the harbor
seals may avoid the site for the duration of the project and haulout on
the nearby Seal Rock Marine Mammal Reserve or at alternate sites. Once
the project has been completed, there will be a reduced area for
hauling out and increased competition with recreational users which
will likely reduce the number of harbor seals returning to the
Children's Pool area to haul-out. These seals are expected to utilize
Seal Rock or other haulouts in the area. No seals are expected to be
seriously injured or killed by this activity.
Monitoring and Reporting
One or more marine mammal biologists will conduct observations on
harbor seal behavior before, during, and after the beach excavation
project. Impacts will be observed and recorded as the sand removal
begins and ends each work day. Upon completion of the project, data
will be collected on the harbor seal population at Children's Pool
daily for 2 weeks. Data collection format will follow that required for
the 1994 to 1996 study conducted on the populations of harbor seals at
Seal Rock Marine Mammal Reserve and Children's Pool by Hubbs-Sea World
Research Institute. To assess any seasonal impact on the harbor seal
population, quarterly observations will be recorded for a period of 1
year following completion of the project (July and October 1999, and
January and April, 2000). A draft report will be submitted to NMFS
within 90 days of completion of the 2-week post-project monitoring, and
an interim report will be submitted within 90 days after the April 2000
observations. Both the draft and final reports will be subject to
review and comment by NMFS. Any recommendations made by NMFS will need
to be addressed in a final report prior to acceptance by NMFS.
Conclusions
NMFS has preliminarily determined that the short-term impact of
excavating and removing beach sand at the La Jolla Children's Pool will
result, at worst, in a temporary modification in behavior by harbor
seals and possibly one or two California sea lions and northern
elephant seals. While these behavioral modifications, including the
permanent vacating the haulout at Children's Pool, may be made by these
species to avoid the resultant excavation noise and smaller beach area,
this action is expected to have no more than a negligible impact on the
species or stocks of these animals. In addition, no take by injury and/
or death is anticipated or authorized.
Proposed Authorization
NMFS proposes to issue an incidental harassment authorization to
the City of San Diego for possible harassment of small numbers of
Pacific harbor seals, California sea lions, and northern elephant seals
incidental to excavating and removing beach sand at the La Jolla
Children's Pool, La Jolla, CA. 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: February 17, 1999.
P. Michael Payne,
Acting Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 99-4292 Filed 2-19-99; 8:45 am]
BILLING CODE 3510-22-F
