Small Takes of Marine Mammals Incidental to Specified Activities; La Jolla Children's Pool Beach Management and Water Quality Project

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]

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