[Federal Register Volume 64, Number 81 (Wednesday, April 28, 1999)]
[Notices]
[Page 22834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-10641]
[[Page 22834]]
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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 withdrawal of a request for a small take exemption
authorization.
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SUMMARY: On April 8, 1999, NMFS was notified by the City of San Diego's
Park and Recreation Department that it was withdrawing its request for
an authorization under the Marine Mammal Protection Act (MMPA) 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.
ADDRESSES: A copy of the application and/or the letter of withdrawal
may be obtained by writing to Donna Wieting, Acting Chief, Marine
Mammal Conservation Division, Office of Protected Resources, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910-3225 or by telephoning one of the contacts listed in FOR FURTHER
INFORMATION CONTACT.
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: On December 28, 1998, NMFS received a
request from the City of San Diego for authorization under section
101(a)(5)(D) of the MMPA (16 U.S.C. 1371(a)(5)(D)) 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 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 proposed 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) was to have
been excavated and removed to narrow the beach. The City of San Diego
expected that, by excavating and enlarging the area available for
recreational swimming, it would 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.
A notice of receipt of the application and proposed incidental
harassment authorization issued under the MMPA was published on
February 22, 1999 (64 FR 8548), and a 30-day public comment period was
provided on the application and proposed authorization. Several
comments were received during the comment period.
Subsequent to the close of the comment period, on April 8, 1999,
NMFS was notified by the Park and Recreation Department that it was
withdrawing its request for an authorization under section 101(a)(5)(D)
of the MMPA 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. The letter noted that the City will be
evaluating alternatives to sand removal in order to reduce the level of
fecal contamination in the pool waters and may submit a renewed
application in the future.
Dated: April 22, 1999.
Hilda Diaz-Soltero,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 99-10641 Filed 4-27-99; 8:45 am]
BILLING CODE 3510-22-F
