Small Takes of Marine Mammals Incidental to Specified Activities; Tatoosh Island, WA Storage Tank Removal Project

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 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) 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. has been issued to the

U.S. Coast Guard's Civil Engineering Unit, Oakland, CA (USCG).

DATES: This authorization is effective from August 31, 1998, through

April 29, 1999.

ADDRESSES: A copy of the application and a list of references used in

this document may be obtained by writing to the Chief, Marine Mammal

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 here.

FOR FURTHER INFORMATION CONTACT: Kenneth Hollingshead, Office of

Protected Resources at 301-713-2055, 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 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.

Summary of Request

On April 27, 1998, NMFS received a request from the USCG 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 (9.1 to

15.2 m) below the helicopter, depending upon the load's dynamics.

Personnel, small equipment, and supplies will be carried

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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 m3), 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.

Comments and Responses

A notice of receipt of the application and proposed authorization

was published on June 4, 1998 (63 FR 30476), and a 30-day public

comment period was provided on the application and proposed

authorization. Comments were received from one Federal agency.

Information on the activity, the authorization request, and expected

impact on marine mammal species, not subject to reviewer comments, can

be found in the proposed authorization notice and is not repeated here.

Comment 1: The Marine Mammal Commission (MMC), noting that a

biological observer would be required to observe the closest marine

mammal haulout whenever helicopters entered or left Tatoosh Island,

recommended that a sufficient number of qualified observers be used to

verify that no more than the authorized number of animals are harassed

and that the effects are negligible.

Response: NMFS disagrees with this recommendation. Because there

are 4 haulouts on Tatoosh Island that are used by the three species

(two located on the eastern side of the island and two to the northwest

of the island) and because the distance between each pair of haulouts

is large, it is unlikely that more than one or two haulouts will be

affected during an individual flight. The affected haulout(s) will be

predicted in advance of the flight, and the observer will monitor the

haulout closest to the flight path. With an estimated 23 round-trip

flights during the 4 planned flight days, a single observer should be

able to systematically survey potentially affected haulouts and, based

upon the effects at the haulout most likely to be impacted, to estimate

the total taking by helicopter activities.

In addition, it is highly unlikely that the estimated take under

the MMPA will be reached since the USCG estimated ``worst case

scenario'' is for the highest number of animals observed on the

haulouts and for all animals to leave the shore during all overflights,

even when some distance from the flight path. The total number of

incidental harassment takes of 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 550

animals, the maximum potentional number, and 23 flights. NMFS concurs

with the USCG that the number should be significantly less because each

flight should 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.

Of more concern to NMFS than determining the number of possible

harassment takes remain within quota is to ensure that behavioral

observations are conducted for all three potentially affected pinniped

species, especially Steller sea lions.

Comment 2: The MMC recommended that the work is conducted as

scheduled to avoid the seal and sea lion pupping and molting seasons.

Response: NMFS has made a determination that the U.S. Coast Guard

activity would have no more than a negligible impact on affected marine

mammals based, in part, on the activity not taking place during the

pupping and molting seasons. Harbor seal pupping along the coast of

Washington occurs in May/June, and the molting season occurs between

onset of pupping and 2 to 3 months afterward (Bigg, 1981), averaging

about 6 weeks after molting (NMFS, 1992). Harbor seal molting takes

approximately 2 months to complete (Stutz, 1967). Pups are weaned at

approximately 4 weeks, and nursery sites are then abandoned.

During the pupping and nursing periods, pups could be injured as

adults move rapidly to the water or pups become separated from their

mothers. Mother-pup separation or desertion is considered a significant

cause of pup mortality in harbor seals. As the USCG activity will not

take place earlier than September 1, no impact to breeding seals and

unweaned young will occur.

During the molting season, seals are generally hauled out for a

long period of time, apparently to enhance hair growth by warming of

the skin. The seals' metabolic rate is also decreased during molting.

The effect of disturbance during the molting season has not been

assessed, but could decrease the fitness of the seal, perhaps making it

more susceptible to other mortality factors (Stokes and Jones, 1989).

However, NMFS believes that it appears to be minor when compared to the

possible effects of disturbances during the pupping and nursing season,

and NMFS has concluded that harbor seals are evolutionarily adapted to

return to the water during molting without incurring physical or

physiological harm. In addition, most molting will have been completed

by that time. However, in order to protect breeding harbor seals, the

IHA has been written to require work to be completed before May 1,

1999.

Few Californa sea lion females and no pups have been sighted in

Washington State waters, so the breeding stock of this species will not

be affected by the USCG activity. For Steller sea lions the nearest

breeding sites are in British Columbia and Oregon (NMFS, 1992).

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 on these species can be found in the notice of

proposed authorization (63 FR 30476, June 4, 1998) for this activity.

Additional information can be found in Barlow et al. (1997).

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 of helicopters, but it is likely that many

flights will be sufficiently close to one or more haulouts 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.

Seals and sea lions haul out onto dry land for various biological

reasons, including sleep, predator avoidance, and thermoregulation.

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

[[Page 45050]]

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.

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 USCG has scheduled the work to avoid the pupping and

molting season for harbor seals.

To further protect seals and sea lions, NMFS will require

helicopters to 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 will 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 USCG

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 completed

consultation on the issuance of an incidental harassment authorization.

NMFS has determined that the proposed activity and the issuance of an

incidental harassment authorization to the USCG to incidentally harass

Pacific harbor seals, California sea lions, and Steller sea lions is

not likely to adversely affect any listed species under the

jurisdiction of NMFS except the Steller sea lion which while it may be

adversely affected, would not result in jeopardizing the continued

existence of the stock.

Conclusions

NMFS has determined that the short-term impact of 4 days of

helicopter flights over Tatoosh Island is expected to result at worst

in a temporary reduction in utilization of the impacted haulout(s) 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 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 section 101(a)(5)(D) of

the MMPA have been met and the authorization can be issued.

Authorization

Accordingly, NMFS has issued an IHA to the USCG for possible

harassment of small numbers of California sea lions, Pacific harbor

seals, and Steller sea lions, provided the mitigation, monitoring, and

reporting requirements described in the authorization are undertaken.

Dated: August 17, 1998.

Patricia A. Montanio,

Deputy Director, Office of Protected Resources, National Marine

Fisheries Service.

[FR Doc. 98-22647 Filed 8-21-98; 8:45 am]

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