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new national marine sanctuaries, two Dated: May 23, 2016. and reporting of such takings are set (2) of the successful nominations in the John Armor, forth. NMFS has defined ‘‘negligible list above have subsequently been Acting Director, Office of National Marine impact’’ in 50 CFR 216.103 as ‘‘. . . an selected for designation by NOAA, and Sanctuaries. impact resulting from the specified have begun the designation processes as [FR Doc. 2016–13111 Filed 6–2–16; 8:45 am] activity that cannot be reasonably outlined in the NMSA including NEPA BILLING CODE 3510–NK–P expected to, and is not reasonably likely analysis. The notice of intent to conduct to, adversely affect the species or stock scoping and begin the designation through effects on annual rates of process for the Proposed Mallows Bay- DEPARTMENT OF COMMERCE recruitment or survival.’’ Potomac River National Marine Section 101(a)(5)(D) of the MMPA Sanctuary was announced in the National Oceanic and Atmospheric established an expedited process by Federal Register on October 7, 2015 (80 Administration which citizens of the United States can apply for an authorization to FR 60634). The notice of intent to RIN 0648–XE460 conduct scoping and begin the incidentally take small numbers of designation process for the Proposed Takes of Marine Mammals Incidental to marine mammals by harassment. Wisconsin-Lake Michigan National Specified Activities; Sand Quality Section 101(a)(5)(D) of the MMPA establishes a 45-day time limit for Marine Sanctuary was announced in the Study Activities at the Children’s Pool NMFS’s review of an application Federal Register on October 7, 2015 (80 Beach, La Jolla, California followed by a 30-day public notice and FR 60631). AGENCY: National Marine Fisheries comment period on any proposed IV. Classification Service (NMFS), National Oceanic and authorizations for the incidental Atmospheric Administration (NOAA), harassment of small numbers of marine A. National Environmental Policy Act Commerce. mammals. Within 45 days of the close NOAA has concluded that this action ACTION: Notice; issuance of an Incidental of the public comment period, NMFS will not have a significant effect, Harassment Authorization (IHA). must either issue or deny the authorization. individually or cumulatively, on the SUMMARY: In accordance with the Except with respect to certain human environment, because this action Marine Mammal Protection Act activities not pertinent here, the MMPA is not creating or designating any new (MMPA) as amended, notification is defines ‘‘harassment’’ as: Any act of national marine sanctuaries. Therefore, hereby given that NMFS has issued an pursuit, torment, or annoyance which (i) this action is categorically excluded IHA to the City of San Diego to take has the potential to injure a marine from the requirement to prepare an small numbers of marine mammals, by mammal or marine mammal stock in the environmental assessment or Level B harassment, incidental to the wild [Level A harassment]; or (ii) has environmental impact statement in conduct of sand quality study activities the potential to disturb a marine accordance with Section 6.03c.3(i) of at the Children’s Pool Beach in La Jolla, mammal or marine mammal stock in the NOAA Administrative Order 216–6. California. wild by causing disruption of behavioral Specifically, this action is a notice of an patterns, including, but not limited to, administrative and legal nature. Should DATES: Effective June 1, 2016 through May 30, 2017. migration, breathing, nursing, breeding, NOAA decide to designate a national feeding, or sheltering [Level B marine sanctuary, and in cases where FOR FURTHER INFORMATION CONTACT: Dale harassment]. NOAA has decided to begin active Youngkin, Office of Protected designation as a national marine Resources, NMFS, 301–427–8401. Summary of Request sanctuary, each individual national SUPPLEMENTARY INFORMATION: On December 14, 2015, NMFS marine sanctuary designation will be received an application from the City of Background subject to case-by-case analysis, as San Diego, Transportation & Storm required under NEPA and as outlined in Sections 101(a)(5)(A) and (D) of the Water Department, Storm Water section 304(a)(2)(A) of the NMSA. MMPA (16 U.S.C. 1361 et seq.), direct Division, requesting an IHA for the the Secretary of Commerce (Secretary) taking of marine mammals incidental to B. Paperwork Reduction Act to allow, upon request, the incidental, the conduct of sand quality study Notwithstanding any other provisions but not intentional, taking of small activities. NMFS determined that the numbers of marine mammals, by United of the law, no person is required to IHA application was adequate and States citizens who engage in a specified respond to, nor shall any person be complete on February 25, 2016. NMFS activity (other than commercial fishing) subject to a penalty for failure to comply published a notice making preliminary within a specified geographical region if with a collection of information subject determinations and proposing to issue certain findings are made and either to the requirements of the Paperwork an IHA on April 4, 2016 (81 FR 19137). regulations are issued or, if the taking is Reduction Act (PRA), 44 U.S.C. 3501 et The notice initiated a 30 day comment limited to harassment, a notice of a seq., unless that collection of period. proposed authorization is provided to The City of San Diego will undertake information displays a currently valid the public for review. the proposed sand quality sampling Office of Management and Budget Authorization for the incidental activities between June 1, 2016 and (OMB) control number. Nominations for takings shall be granted if NMFS finds December 14, 2016 at the Children’s national marine sanctuaries discussed that the taking will have a negligible Pool Beach in La Jolla, California. Visual in this notice involve a collection-of- impact on the species or stock(s), will stimuli due to the presence of information requirement subject to the not have an unmitigable adverse impact technicians on the beach and their sand requirements of the PRA. OMB has on the availability of the species or sampling collection activities during the approved this collection-of-information stock(s) for subsistence uses (where study have the potential to result in the requirement under OMB control number relevant), and if the permissible take of marine mammals through 0648–0682. methods of taking and requirements behavioral disturbance. The IHA Authority: 16 U.S.C. 1431 et seq. pertaining to the mitigation, monitoring, authorizes the take, by Level B

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(behavioral) harassment, of small incidental/construction.html. Following seals have been seen observed at nearby numbers of Pacific harbor seals (Phoca are the substantive comments and beaches on rare occasions, and a vitulina richardii), California sea lions NMFS’s responses: northern fur seal was observed hauled (Zalophus californianus), and northern Comment 1: The Commission concurs out at La Jolla Cove, which is less than elephant seals (Mirounga angustirostris) with NMFS’s preliminary findings and a mile from Children’s Pool, per a incidental to sand quality sampling recommends that NMFS issue the personal communication with Dr. activities of the Children’s Pool Beach at requested IHA, subject to inclusion of Hanan [February 4, 2016], a scientist La Jolla, CA. Additional information on the proposed mitigation, monitoring, with extensive knowledge of the area the sand quality sampling activities at and reporting measures. and the species occurring there). Fur the Children’s Pool Beach is contained Response: NMFS concurs with the seals are not known to haul out in such in the IHA application, which is Commission’s recommendation and has urban mainland beaches, and their available at the NMFS Web site: http:// issued the IHA to the City of San Diego. presence would likely be attributed to www.nmfs.noaa.gov/pr/permits/ Description of Marine Mammals in the sickness or injury if they were observed incidental. Specified Geographic Area of the in this location. Therefore, only three species are considered to be potentially Description of the Specified Activity Proposed Specified Activity exposed to effects of the proposed sand Information on marine mammal sampling activities, as sand sampling A detailed description of the sand species for which take is authorized is activities will not be conducted if fur sampling project is provided in the included below. Further information on seals were present and coordination Federal Register notice for the proposed the biology and local distribution of with the stranding network would IHA (81 FR 19137, April 4, 2016). Since these marine mammal species and commence. A variety of other marine that time, no changes have been made others in the region can be found in the mammal species have on occasion been to the planned activities. Therefore, a NMFS Marine Mammal Stock reported in the coastal waters off detailed description is not provided Assessment Reports, which are available southern California. However, none of here. Please refer to that Federal online at: http://www.nmfs.noaa.gov/pr/ Register notice for the description of the sars/. these species have been reported to specific activity. Three species of pinnipeds are known occur in the immediate proposed action area of the Children’s Pool Beach. Comments and Responses to occur in the Children’s Pool proposed action area and off the Pacific coastline Therefore, NMFS does not expect, and A notice of preliminary (see Table 1 below). Pacific harbor seals does not propose to authorize, determinations and proposed IHA for are the most common species likely to incidental take of marine mammal the City of San Diego’s sand quality be found within the immediate vicinity species other than Pacific harbor seals, study activities was published in the of the activity area. California sea lions California sea lions, and northern Federal Register on April 4, 2016 (81 FR and northern elephant seals may also be elephant seals from the proposed 19137). During the 30-day public found within the immediate vicinity of specified activities. Table 1 below comment period, NMFS received the activity area, but are more rare provides information on these marine comments from the Marine Mammal occurrences than harbor seals. Northern mammal species, their habitat, and Commission (Commission). The fur seals and Guadalupe fur seals are conservation status in the nearshore comments are posted online at: http:// even more rarely observed at this area of the general region of the www.nmfs.noaa.gov/pr/permits/ location (Northern and Guadalupe fur proposed project area.

TABLE 1—THE HABITAT, ABUNDANCE, AND CONSERVATION STATUS OF PACIFIC HARBOR SEALS, CALIFORNIA SEA LIONS, AND NORTHERN ELEPHANT SEALS

Best population Species Habitat Occurrence Range ESA 2 MMPA 3 estimate (minimum) 1

Pacific harbor seal (Phoca Coastal ...... Common ...... Coastal temperate to 30,968 (27,348)—Cali- NL ..... NC vitulina richardii). polar regions in fornia stock. Northern Hemi- sphere. Northern elephant seal Coastal, pelagic when Common ...... Eastern and Central 179,000 (81,368)— NL ..... NC (Mirounga angustirostris). not migrating. North Pacific—Alas- California breeding ka to Mexico. stock. California sea lion Coastal, shelf ...... Common ...... Eastern North Pacific 296,750 (153,337)— NL ..... NC (Zalophus californianus). Ocean—Alaska to U.S. stock. Mexico. NA = Not available or not assessed. 1 NMFS Marine Mammal Stock Assessment Reports. 2 U.S. Endangered Species Act: EN = Endangered, T = Threatened, DL = Delisted, and NL = Not listed. 3 U.S. Marine Mammal Protection Act: D = Depleted, S = Strategic, and NC = Not classified.

A detailed description of the of the local occurrence, were provided in the Please refer to that Federal Register species likely to be affected by the sand Federal Register notice for the proposed notice for these descriptions. Please also sampling project, including IHA (81 FR 19137; April 4, 2016); since refer to NMFS’ Web site introductions to the species and that time, we are not aware of any (www.nmfs.noaa.gov/pr/species/ relevant stocks as well as available changes in the status of these species mammals/) for generalized species information regarding population trends and stocks; therefore, detailed accounts. and threats, and information regarding descriptions are not provided here.

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Potential Effects of the Specified weaning of late season pups. Thus, sand considered a range of other measures in Activity on Marine Mammals quality study activities shall be the context of ensuring that NMFS The effects of visual stimuli from the prohibited until June 1, 2016 and will prescribes the means of effecting the planned project have the potential to be required to end before December 15, least practicable impact on the affected result in behavioral harassment of 2016. marine mammal species and stocks and their habitat. NMFS’s evaluation of marine mammals in the project area. Limiting Activity to Daylight Hours The Federal Register notice for the potential measures included proposed IHA (81 FR 19137; April 4, Sand sampling activities shall be consideration of the following factors in conducted during daylight hours only. relation to one another: 2016) included a discussion of the • effects of visual stimuli on marine As Protected Species Observers (PSOs) The manner in which, and the mammals, therefore that information is will be required to monitor the sand degree to which, the successful not repeated here; please refer to the sampling activities (see discussion implementation of the measure is Federal Register notice (81 FR 19137; below), conducting the sampling events expected to minimize adverse impacts during daylight hours with adequate to marine mammals; April 4, 2016) for that information. No • instances of hearing injury, serious visibility will allow observers to The proven or likely efficacy of the injury, or mortality are expected as a adequately observe and record specific measure to minimize adverse result of the sand sampling activities. activities. impacts as planned; and • The practicability of the measure Anticipated Effects on Marine Mammal Daily Sand Sampling Timing for applicant implementation, including Habitat Sand sampling activities shall be consideration of personnel safety, The primary anticipated adverse scheduled, to the maximum extent practicality of implementation, and impact from the planned project upon practicable, during the daily period of impact on the effectiveness of the habitat consists of the removal of sand lowest haul-out occurrence, from activity. from the beach. This change is minor, approximately 8:30 a.m. to 3:30 p.m., as Any mitigation measure(s) prescribed temporary, and limited in duration to harbor seals typically have the highest by NMFS should be able to accomplish, the period of the sand sampling daily or hourly haul-out period during have a reasonable likelihood of activities. Although sand will be the afternoon from 3 p.m. to 6 p.m. accomplishing (based on current collected from the beach, the total However, sand sampling activities may science), or contribute to the volume removed over the course of the be extended from 7 a.m. to 7 p.m. to accomplishment of one or more of the study is estimated to be less than one help assure that the project can be general goals listed below: cubic foot. Therefore, we do not completed at a time with low numbers (1) Avoidance or minimization of anticipate impacts to marine mammal of seals hauled out. injury or death of marine mammals habitat. The Federal Register notice for wherever possible (goals 2, 3, and 4 may Avoidance/Minimization of Interaction contribute to this goal). the proposed IHA (81 FR 19137; April With Pinnipeds 4, 2016) included a discussion of the (2) A reduction in the numbers of effects of the sand sampling activities on As stated in the FR notice for the marine mammals (total number or marine mammal habitat, therefore that proposed IHA (81 FR 19137; April 4, number at biologically important time information is not repeated here; please 2016), per Dr. Doyle Hanan, ongoing or location) exposed to visual or refer to the Federal Register notice (81 observations of harbor seals at auditory stimuli associated with the FR 19137; April 4, 2016) for that Children’s Pool have indicated a proposed sand quality study, or other information. habituation to the presence of people to activities expected to result in the take some degree and therefore, generally of marine mammals (this goal may Mitigation Measures show signs of disturbance when people contribute to 1, above, or to reducing In order to issue an Incidental Take are very close to them on the beach harassment takes only). Authorization (ITA) under section (generally less than two to three meters). (3) A reduction in the number of 101(a)(5)(D) of the MMPA, NMFS must Sand sampling activities will be times (total number or number at prescribe, where applicable, the conducted such that humans remain at biologically important time or location) permissible methods of taking pursuant least three meters from hauled out individuals would be exposed to visual to such activity, and other means of pinnipeds at all times. While the study or auditory stimuli associated with the effecting the least practicable impact on calls for taking samples along transects, proposed sand quality study, or other such species or stock and its habitat, there is enough flexibility to allow for activities expected to result in the take paying particular attention to rookeries, variation from the transect line to of marine mammals (this goal may mating grounds, and areas of similar collect samples and still allow for contribute to 1, above, or to reducing significance, and on the availability of minimizing approach to pinnipeds on harassment takes only). such species or stock for taking for the beach. Therefore, hauled out (4) A reduction in the intensity of certain subsistence uses (where pinnipeds will be minimized or exposures (either total number or relevant). avoided, and efforts will be made to number at biologically important time The planned activities include a avoid disturbing/alerting/flushing them. or location) to visual or auditory stimuli variety of measures to minimize associated with the proposed sand potential impacts on marine mammals, Protected Species Observers quality study, or other activities including: Trained PSOs will be used to detect, expected to result in the take of marine document, and minimize impacts to mammals (this goal may contribute to a, Prohibition of Sand Sampling During marine mammals. More information above, or to reducing the severity of Pupping Season about this measure is contained in the harassment takes only). Sand sampling activities shall be ‘‘Proposed Monitoring’’ section (below). (5) Avoidance of minimization of prohibited during the Pacific harbor seal adverse effects to marine mammal pupping season (December 15th to May Mitigation Conclusions habitat, paying special attention to the 15th), and for an additional two weeks NMFS has carefully evaluated the food base, activities that block or limit thereafter to accommodate lactation and applicant’s mitigation measures and passage to or from biologically

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important areas, permanent destruction stimuli expected to result in take and activities at Children’s Pool Beach, and of habitat, or temporary destruction/ how anticipated adverse effects on a copy of the IHA will be posted at a disturbance of habitat during a individuals (in different ways and to prominent location at the site of the biologically important time. varying degrees) may impact the activities. (6) For monitoring directly related to population, species, or stock The monitoring plan involves PSOs mitigation—an increase in the (specifically through effects on annual surveying and conducting hourly visual probability of detecting marine rates of recruitment or survival) through counts beginning prior to sand sampling mammals, thus allowing for more any of the following methods: effective implementation of the • Behavioral observations in the activities (beginning at least 30 minutes mitigation. presence of stimuli compared to prior to sampling activities), monitoring Based on NMFS’s evaluation of the observations in the absence of stimuli during sampling activities, and post- applicant’s planned measures, as well as (need to be able to accurately predict sand sampling monitoring (continuing other measures considered by NMFS, distance from source, and other for at least 30 minutes after sand NMFS has determined that the pertinent information); sampling activities have ended). During mitigation measures provide the means • Physiological measurements in the each sample collection event, the PSO of effecting the least practicable impact presence of stimuli compared to will conduct continuous monitoring on marine mammal species or stocks observations in the absence of stimuli from a vantage point along the seawall and their habitat, paying particular (need to be able to accurately predict (weather permitting) or along the bluff attention to rookeries, mating grounds, distance from the source, and other above the beach, such that the full study and areas of similar significance. pertinent information); area is in view. During the planned sand • Distribution and/or abundance Monitoring and Reporting sampling activities, monitoring shall comparisons in times or areas with assess behavior and potential behavioral In order to issue an ITA for an concentrated stimuli versus times or responses to noise and visual stimuli activity, section 101(a)(5)(D) of the areas without stimuli; due to the proposed activities. As noted MMPA states that NMFS must, where (4) An increased knowledge of the above, if northern fur seals or applicable, set forth ‘‘requirements affected species; pertaining to the monitoring and (5) An increase in our understanding Guadalupe fur seals are observed prior reporting of such taking.’’ The MMPA of the effectiveness of certain mitigation to commencement of activities, the implementing regulations at 50 CFR and monitoring measures; and activities will not occur and 216.104 (a)(13) require that requests for (6) An increase in our level of coordination with the stranding network ITAs include the suggested means of knowledge regarding the overall health will be initiated. accomplishing the necessary monitoring of the monitored species, particularly in Counts will be performed by species and reporting that will result in light of recent local UMEs and for three zones: pinnipeds hauled out on increased knowledge of the species and observations of malnutrition increases the sandy beach area, pinnipeds of the level of taking or impacts on in the area. observed in the water within populations of marine mammals that are Monitoring approximately 30 meters of the beach, expected to be present in the action and pinnipeds hauled out on the reef/ The City of San Diego has developed area. rocks just off the beach (including Seal a monitoring plan based on discussions Monitoring measures prescribed by Rock). Total counts, counts of juveniles NMFS should accomplish one or more between the City of San Diego and NMFS, as well as review of past IHAs (yearlings and pups), and counts of of the following general goals: males/females (when possible) will be (1) An increase in the probability of granted to the City of San Diego. The recorded. In addition to counts, detecting marine mammals, both within plan was included as an Appendix to continuous behavioral monitoring will the mitigation zone (thus allowing for our Environmental Assessment (EA) for more effective implementation of the issuance of the IHA for the sand quality be conducted for the duration of the mitigation) and in general to generate study activities (see National sampling event to document any more data to contribute to the analyses Environmental Policy Act section behavioral responses to visual (or other) mentioned below; below). No changes to the monitoring stimuli, as noted in Table 2 below. (2) An increase in our understanding plan were made based on comments When responses are observed, the type of how many marine mammals are received during the public review of take (i.e., alert and flush, movement likely to be exposed to visual or period. The monitoring plan has also of more than one meter, or change in auditory stimuli associated with the been included as an attachment to the direction of movement) and the proposed sand quality study that we IHA issued to the City of San Diego. The assumed cause (whether related to associate with specific adverse effects, City of San Diego will ensure that the sample collection activities or not) will such as behavioral harassment; requirements of the IHA and monitoring be noted by species. Photographs and/ (3) An increase in our understanding plan are explained to all workers or video will be taken to document of how marine mammals respond to associated with sand quality study these responses.

TABLE 2—SEAL RESPONSE TO DISTURBANCE

Type of Level response Definition

1 Alert ...... Seal head orientation or brief movement in response to disturbance, which may include turning head to- wards the disturbance, craning head and neck while holding the body rigid in a u-shaped position, changing from a lying to a sitting position, or brief movement of less than twice the animal’s body length. Alerts will be recorded, but not counted as a ‘take’. 2 Movement ...... Movements away from the source of disturbance, ranging from short withdrawals at least twice the ani- mal’s body length to longer retreats over the beach including changing direction of travel, or movement along the beach from a resting position. These movements will be recorded and counted as a ‘take’.

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TABLE 2—SEAL RESPONSE TO DISTURBANCE—Continued

Type of Level response Definition

3 Flush ...... All retreats (flushes) to the water. Flushing into the water will be recorded and counted as a ‘take’.

Additional parameters will be sampling personnel and pinniped(s), in the biological monitoring notes to be recorded during the first and last count number of animals impacted, sampling submitted. A final report summarizing of each sampling event including activities occurring at time of sighting the sand sampling monitoring and any Beaufort sea state; atmospheric (walking, taking surface sample, or general trends observed will also be conditions; cloud cover; visibility pounding core sampler), and monitoring submitted to NMFS within 90 days after conditions; air and water temperature; and mitigation measures implemented monitoring has ended during the period tide height; and number of public (or not implemented). The observations of the sand quality study or 45 days visitors present by location at Children’s will be reported to NMFS. prior to the date by which any Pool. (6) To avoid takes of northern fur subsequent IHA is requested by the City Field observations will be seals and Guadalupe fur seals, if fur of San Diego, whichever comes first. documented on Field Monitoring seals are observed to be hauled out on Forms, and all observations and the beach, or in the water/rocks at the Reporting associated data, including daily Children’s Pool Beach prior to the A draft final report must be submitted monitoring reports, will be maintained initiation of sand collection activities, to NMFS within 90 days after the on City of San Diego computers. A sand sampling activities will not conclusion of the final sand sampling report summarizing mitigation and commence. PSOs will alert the activities of the Children’s Pool Beach. monitoring for the duration of the stranding network, as the occurrence of The report will include a summary of Children’s Pool Beach sand quality these species would typically indicate a the information gathered pursuant to the study will be prepared and submitted by sick/injured animal. Recommendations monitoring requirements set forth in the the City of San Diego to NMFS of the stranding coordinator will be IHA, including dates and times of following completion of sand sampling followed, which may include a 24-hour operations and all marine mammal activities for the 2016 sampling season. or 48-hour waiting and observation sightings (dates, times, locations, The following marine mammal period, and sand sampling will not species, behavioral observations monitoring and reporting shall be commence until the animal(s) either [activity, group cohesiveness, direction performed for the proposed action: vacate the area on its own, or is and speed of travel, etc.], tidal stage, (1) The PSO shall be selected prior to collected by the stranding network weather conditions, Beaufort sea state sand sampling activities. (7) A final report will be submitted and wind force, associated sand (2) The NMFS-approved PSO shall summarizing all effects from sand sampling activities). A final report must attend the project site prior to, during, sampling activities and marine mammal be submitted within 30 days after and after sand sampling activities cease monitoring during the time of the receiving comments from NMFS on the each day that the sand sampling authorization. draft final report. If no comments are activities occur. A written log of dates and times of received from NMFS, the draft final (3) The PSO shall search for marine monitoring activity will be kept. The log report would be considered to be the mammals within the Children’s Pool shall report the following information: final report. area. • Time of observer arrival on site; While the IHA does not authorize (4) The PSO shall be present during • Time of the commencement of sand injury (i.e., Level A harassment), serious sand sampling activities to observe for sampling activities; the presence of marine mammals in the • Distances to all marine mammals injury, or mortality, should the vicinity of the specified activity. All relative to the stimuli; applicant, contractor, monitor or any such activity will occur during daylight • For harbor seal, northern elephant other individual associated with the hours (i.e., 30 minutes after sunrise and seal, and California sea lion sand quality study observe an injured or 30 minutes before sunset). If inclement observations, notes on behavior during dead marine mammal, the incident weather limits visibility within the area sand sampling activity, as described (regardless of cause) will immediately of effect, the PSO will perform visual above, and on the number and be reported to NMFS stranding scans to the extent conditions allow. distribution observed in the project coordinator. The report should include (5) If marine mammals are sighted by vicinity; species or description of animal, the PSO, the PSO shall record the • For observations of all marine condition of animal, location, time first number of marine mammals and the mammals other than harbor seals, found, observed behaviors (if alive) and duration of their presence while the northern elephant seals, and California photo or video, if available. sand sampling activity is occurring. The sea lions, the time and duration of each In the unanticipated event that the PSO will also note whether the marine animal’s presence in the project City of San Diego discovers a live mammals appeared to respond to the vicinity; the number of animals stranded marine mammal (sick and/or noise/visual stimuli and, if so, the observed; the behavior of each animal, injured, or if any fur seals are observed) nature of that response. The PSO shall including any response to sand at Children’s Pool, they shall record the following information: date sampling activities; immediately contact Sea World’s and time of initial sighting, tidal stage, • Time of the cessation of sand stranded animal hotline at 1–800–541– weather conditions, Beaufort sea state, sampling activities; and 7235. Sea World shall also be notified species, behavior (activity, group • Time of observer departure from if a dead stranded pinniped is found so cohesiveness, direction and speed of site. that a necropsy can be performed. In all travel, etc.), number, group All monitoring data collected during cases, NMFS stranding coordinator shall composition, distance between sand sampling events will be included be notified as well, but for immediate

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response purposes, Sea World shall be discovers an injured or dead marine 6, 2014 and were halted for the Pacific contacted first. mammal, and the lead PSO determines harbor seal pupping season (December Reporting Prohibited Take—In the that the injury or death is not associated 15, 2014 to May 30, 2015). During 127 unanticipated event that the specified with or related to the activities days of visual and acoustic activity clearly causes the take of a authorized (e.g., previously wounded observations, Hanan & Associates marine mammal in a manner prohibited animal, carcass with moderate to counted a total of 63,598 Pacific harbor by this IHA, such as an injury (Level A advanced decomposition, or scavenger seals and 27,844 people. During the harassment), serious injury, or damage), the City of San Diego shall 2014 demolition and construction mortality, the City of San Diego shall report the incident to the Chief of the activities, Hanan & Associates observed immediately cease the specified Permits and Conservation Division, a total of 6,787 takes by Level B activities and immediately report the Office of Protected Resources, NMFS, harassment (i.e., movements, and incident to the Chief of the Permits and and the West Coast Regional Stranding flushes) that could be attributed to Conservation Division, Office of Coordinator within 24 hours of the demolition and construction activities Protected Resources, NMFS, and the discovery. The City of San Diego shall (1,790 takes), the general public (3,914 West Coast Regional Stranding provide photographs or video footage (if takes), and other sources (1,083 takes). Coordinator. The report must include available) or other documentation of the As of March 13, 2015, at least 60 harbor the following information: stranded animal sighting to NMFS and seal pups (including 6 still or premature • Time, date, and location (latitude/ the Marine Mammal Stranding Network. births) have been born at the Children’s longitude) of the incident; Activities may continue while NMFS Pool and there has been no indication • The type of activity involved; reviews the circumstances of the of abandonment. In addition to the • Description of the circumstances incident. Pacific harbor seal sightings, 366 during and leading up to the incident; sightings of California sea lions (93 at • Water depth; environmental Monitoring Results From Previously Children’s Pool beach; others were at conditions (e.g., wind speed and Authorized Activities Seal Rock, South Casa Beach, and on the direction, Beaufort sea state, cloud 2013 to 2014 reef), and 1 northern elephant seal cover, and visibility); (juvenile). One dead adult and one dead • Description of marine mammal Hanan & Associates, Inc., on behalf of juvenile California sea lion were sighted observations in the 24 hours preceding the City of San Diego, conducted marine on the Children’s Pool beach after the the incident; species identification or mammal and in-air sound monitoring at start of the beach closure and after the description of the animal(s) involved; six locations during demolition and construction activities stopped for the • The fate of the animal(s); and construction activities at the Children’s pupping season. These strandings were photographs or video footage of the Pool Lifeguard Station in La Jolla, reported to NMFS. animal (if equipment is available). California from June 3, 2013 to February More information on the monitoring Activities shall not resume until 12, 2014. Demolition and construction results from the City of San Diego’s NMFS is able to review the activities began on July 10, 2013 and previous demolition and construction circumstances of the prohibited take. were halted for the Pacific harbor seal activities at the La Jolla Children’s Pool NMFS shall work with the City of San pupping season (December 15, 2013 to Lifeguard Station can be found in the Diego to determine the action necessary May 30, 2014). During 115 days of final monitoring reports. The 2013 to to minimize the likelihood of further visual and acoustic observations, Hanan 2014 and 2014 to 2015 monitoring prohibited take and ensure MMPA & Associates counted a total of 61,631 reports can be found online at: http:// compliance. The City of San Diego may Pacific harbor seals and 26,037 people. www.nmfs.noaa.gov/pr/permits/ not resume its activities until notified During the 2013 demolition and incidental/ by NMFS via letter, email, or telephone. construction activities, Hanan & construction.htm#childrenspool. Reporting an Injured or Dead Marine Associates observed a total of 5,793 Mammal with an Unknown Cause of takes by Level B harassment (i.e., Estimated Take by Incidental Death—In the event that the City of San movements, and flushes) that could be Harassment Diego discovers an injured or dead attributed to demolition and Except with respect to certain marine mammal, and the lead PSO construction activities (1,371 takes), the activities not pertinent here, the MMPA determines that the cause of the injury general public (3,536 takes), and other defines ‘‘harassment’’ as: any act of or death is unknown and the death is sources (886 takes). As of April 15, pursuit, torment, or annoyance which (i) relatively recent (i.e., in less than a 2014, at least 60 harbor seal pups has the potential to injure a marine moderate state of decomposition as (including 2 still births) have been born mammal or marine mammal stock in the described in the next paragraph), the at the Children’s Pool and there has wild [Level A harassment]; or (ii) has City of San Diego will immediately been no indication of abandonment. In the potential to disturb a marine report the incident to the Chief of the addition to the Pacific harbor seal mammal or marine mammal stock in the Permits and Conservation Division, sightings, PSOs recorded three sightings wild by causing disruption of behavioral Office of Protected Resources, NMFS, of California sea lions (1 juvenile, 3 patterns, including, but not limited to, and the West Coast Regional Stranding adult), and 2 northern elephant seals migration, breathing, nursing, breeding, Coordinator. The report must include (both juveniles) at the Children’s Pool. feeding, or sheltering [Level B the same information identified above. harassment]. Activities may continue while NMFS 2014 to 2015 The City of San Diego and NMFS reviews the circumstances of the Hanan & Associates, Inc., on behalf of anticipate takes of Pacific harbor seals, incident. NMFS will work with the City the City of San Diego, conducted marine California sea lions, and northern of San Diego to determine whether mammal monitoring at seven locations elephant seals by Level B (behavioral) modification of the activities is during demolition and construction harassment only incidental to visual appropriate. activities at the Children’s Pool disturbance associated with the sand Reporting an Injured or Dead Marine Lifeguard Station in La Jolla, California quality study sand sampling activities at Mammal Not Related to the Activities— from August 6, 2014 to March 15, 2015. the Children’s Pool Beach. No takes by In the event that the City of San Diego Construction activities began on August injury (Level A harassment), serious

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injury, or mortality are expected. NMFS maximum of 3,040 incidences of take lions incidental to construction will consider pinnipeds behaviorally over the entire duration of the activities. activities at Children’s Pool, and reacting to the sand sampling activities An unknown portion of the incidental numbers of sea lion sightings have been by flushing into the water, moving more takes will be from repeated exposures as over 10 times the average, we estimate than twice the animal’s body length but harbor seals leave and return to the that up to 20 individuals may be not into the water; becoming alert and Children’s Pool area. incidentally taken by Level B moving more than twice its body length; Very few California sea lions or harassment equating to 320 exposures and changing direction of current northern elephant seals are ever (conservatively assuming 20 × 16 observed at the Children’s Pool Beach. movements by individuals as behavioral sampling events). As only one or two criteria for take by Level B harassment. As noted above, Children’s Pool is northern elephant seals are known to With planned sand sampling almost exclusively a harbor seal haul- activities scheduled to begin in June out site and on rare occasions, one or occur rarely at Children’s Pool Beach, it 2016, the City of San Diego expects a two California sea lions or a single was conservatively estimated that 16 range of harbor seals to be present daily juvenile elephant seal have been individuals would be exposed to Level during June with a maximum of up to observed on the sand or rocks at, or B harassment for a total of 16 takes 190 individuals and a seasonal decline near, Children’s Pool. However, as (assuming one present for each of the 16 through November to about 0 to 50 noted above, an UME has been in place sampling events). Therefore, NMFS harbor seals present daily. As not all of since 2013 for California sea lions. authorizes the following numbers of the sampling activities have been According to the NMFS West Coast incidental takes (i.e., Level B planned, and there is uncertainty Region, California sea lion strandings in harassment): 3,040 Pacific harbor seals regarding the timing and number of all January–May of 2015 were over 10 times (600 individuals), 320 California sea activities, we have assumed the the average stranding level for the same lions (20 individuals), and 16 northern maximum number of authorized five-month period during 2004–2012. elephant seals (16 individuals). More sampling activities (16) occurring The City of San Diego has requested information on the number of takes during the maximum haul out month take for these species due to their authorized, and the approximate (June) in order to estimate take numbers. potential occurrence at this location and percentage of the stock for the three If all of the estimated harbor seals past monitoring experience at this species in the proposed action area can present are taken by incidental location. As the previous IHA be found in Table 3 (below). harassment each day, there could be a authorized take of two individual sea

TABLE 3—SUMMARY OF THE AUTHORIZED INCIDENTAL TAKE BY LEVEL B HARASSMENT OF PINNIPEDS FOR THE CITY OF SAN DIEGO’S PROPOSED SAND QUALITY STUDY ACTIVITIES GENERATING VISUAL AND AUDITORY STIMULI AT THE CHILDREN’S POOL BEACH IN LA JOLLA, CA

Approximate Take Estimated percentage of authorization number of estimated stock Species (Number of individuals Abundance (Takes Population trend exposures) taken authorized/ population)

Pacific harbor seal ...... 3,040 600 30,968—California stock ...... 10 Increased in California 1981 to 2004. California sea lion ...... 320 20 296,750—U.S. stock ...... 0.1 Increasing. Northern elephant seal 16 16 179,000—California breeding <0.01 Increasing 3.8% annually since stock. 1988.

Analysis and Determinations responses (their intensity, duration, (4) The status of the stock or species etc.), the context of any responses of marine mammals (i.e., depleted, not Negligible Impact (critical reproductive time or location, depleted, decreasing, increasing, stable, Negligible impact is ‘‘an impact migration, etc.), as well as the number impact relative to the size of the resulting from the specified activity that and nature of estimated Level A population); cannot be reasonably expected to, and is harassment takes, the number of (5) Impacts on habitat affecting rates not reasonably likely to, adversely affect estimated mortalities, and effects on of recruitment/survival; and the species or stock through effects on habitat. (6) The effectiveness of monitoring annual rates of recruitment or survival’’ In making a negligible impact and mitigation measures. (50 CFR 216.103). A negligible impact determination, NMFS evaluated factors Behavioral disturbance may finding is based on the lack of likely such as: potentially occur incidental to the adverse effects on annual rates of (1) The number of anticipated visual presence of humans and sand recruitment or survival (i.e., population- injuries, serious injuries, or mortalities; sampling activities; however, pinnipeds level effects). An estimate of the number (2) The number, nature, and intensity, at this site have likely adapted or of Level B harassment takes, alone, is and duration of Level B harassment; and become acclimated to human presence not enough information on which to (3) The context in which the takes to some degree at this site. The City of base an impact determination. In occur (i.e., impacts to areas of San Diego has designated Children’s addition to considering estimates of the significance, impacts to local Pool Beach as a shared use beach. Many number of marine mammals that might populations, and cumulative impacts activities currently take place at be ‘‘taken’’ through behavioral when taking into account successive/ Children’s Pool Beach and the harassment, NMFS must consider other contemporaneous actions when added surrounding shoreline areas including factors, such as the likely nature of any to baseline data); swimming, SCUBA diving, surfing,

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kayaking, tide pooling, and nature weeks prior to January 1, the time after None of the potentially affected watching. These ‘‘urbanized’’ harbor which most births occur, providing marine mammal species under NMFS seals do not exhibit sensitivity at a level protection for pregnant and nursing jurisdiction in the action area (Pacific similar to that noted in harbor seals in harbor seals that may give birth before harbor seals, California sea lions, and some other regions affected by human January 1. northern elephant seals) are listed as disturbance (Allen et al., 1984; Suryan Table 3 of this document outlines the threatened or endangered under the and Harvey, 1999; Henry and Hammil, number of Level B harassment takes that ESA. To protect these animals (and 2001; Johnson and Acevedo-Gutierrez, are anticipated as a result of these other marine mammals in the action 2007; Jansen et al., 2006; Hanan & proposed activities. Due to the nature, area), the City of San Diego shall Associates, 2011). For example, during degree, and context of Level B schedule sand sampling activities monitoring for construction for the (behavioral) harassment anticipated and during the daily period of lowest haul- Children’s Pool Lifeguard Station, described (see ‘‘Potential Effects on out occurrence; limit activities to the equipment noise and visual cues at Marine Mammals’’ section above) in this hours of daylight; ensuring that times have caused seals to alert/flush, notice, this activity is not expected to technicians performing sand sampling while at other times the same stimuli impact rates of annual recruitment or remain at least three meters from any have produced no reaction (City of San survival for the affected species or stock hauled out pinnipeds; use PSOs, Diego, 2015). Per the City of San Diego (i.e., California stock of Pacific harbor prohibit sand sampling activities in the (2015), ‘‘[a]t the individual level, a seals, U.S. stock of California sea lions, unlikely event that fur seals are present, newly arrived seal (which swam in from and California breeding stock of and prohibit sand sampling activities another area) may not have habituated northern elephant seals), particularly during harbor seal pupping season. to humans and noise as have seals that given the mitigation, monitoring, and Although behavioral modifications, have been onsite for a while. These reporting measures that will be including temporarily vacating the area recent arrivals may alert to visual implemented to minimize impacts to during the proposed sand sampling stimuli, perhaps flushing to the water. marine mammals. activities, may be made by these The Children’s Pool is one of the three But after a few days using this beach species, the sand quality sampling known haul-out sites for Pacific harbor during the non-pupping season (when activities will be fairly sporadic and will seal in San Diego County and the only humans are also present on the beach), be of relatively short duration. NMFS rookery in San Diego County and the we would expect them to habituate and believes that the time period of the sand only mainland rookery on the U.S. west generally not react to humans unless sampling activities, the requirement to coast for this species between the border very close to them (Hanan 2004, Hanan implement mitigation measures (e.g., of Mexico and Point Mugu in Ventura & Associates 2011, Hanan and Hanan prohibiting sand sampling activities County, CA. For the other marine 2014).’’ Therefore, there is a high during pupping season, scheduling likelihood that many of the harbor seals mammal species that may occur within the action area (i.e., California sea lions operations to periods of the lowest haul- present during the planned sand out occurrence, and ensuring a buffer of sampling activities would not be and northern elephant seals), there are no known designated or important at least three meters between sampling flushed off of the beach or rocks, as technicians and hauled out pinnipeds), pinnipeds at this site are conditioned to feeding and/or reproductive areas at the and the inclusion of the monitoring and human presence to some degree (Hanan, project site. Many animals perform vital reporting measures, will reduce the 2004; Hanan & Associates, 2011) (see functions, such as feeding, resting, amount and severity of the potential http://www.youtube.com/ traveling, and socializing, on a diel impacts from the activity. watch?v=4IRUYVTULsg), and it is cycle (i.e., 24 hour cycle). Behavioral anticipated that takes would likely be of reactions (such as disruption of critical Based on the analysis contained lesser intensity than would be expected life functions, displacement, or herein of the likely effects of the at other locations. avoidance of important habitat) are specified activity on marine mammals No injuries (Level A harassment), more likely to be significant if they last and their habitat, and taking into serious injuries, or mortalities are more than one diel cycle or recur on consideration the implementation of anticipated to occur as a result of the subsequent days (Southall et al., 2007). monitoring and mitigation measures, City of San Diego’s sand sampling However, Pacific harbor seals have been NMFS finds that the total marine activities, and none are proposed for hauling-out at Children’s Pool during mammal take from the City of San authorization by NMFS. The planned the year for many years (including Diego’s activities would have a activities are not expected to result in during pupping season and while negligible impact on the affected marine the alteration of reproductive behaviors females are pregnant) while being mammal species or stocks. or parenting because of the moratorium exposed to anthropogenic sound sources Small Numbers on access to the beach during the such as vehicle traffic, human voices, pupping season, and the potentially etc. and other stimuli from human As mentioned previously, NMFS affected species would be subjected to presence. The Pacific harbor seals have estimates that three species of marine only temporary and minor behavioral repeatedly hauled-out to pup over many mammals under its jurisdiction could be impacts. years and the NMFS Stock Assessment potentially affected by Level B As discussed in detail above, the Reports for this stock have shown that harassment over the course of the IHA. project scheduling avoids sensitive life the population is increasing and is It is conservatively estimated that the stages for Pacific harbor seals. Project considered stable (NMFS, 2014). instances of take by Level B harassment activities will commence June 1 and end Additionally, the proposed sand (amounting to 3,040 for Pacific harbor by December 15. The commencement sampling activities would generally not seals, 320 for California sea lions, and date occurs after the end of the pupping take place on subsequent days for long 16 for northern elephant seals) would be season, affords additional time to durations, as a maximum of up to 16 approximately 10%, 0.1%, and less than accommodate lactation and weaning of sampling events (lasting approximately 0.01% of the respective California, U.S., late-season pups, and takes into account 4 hours each) are planned for the sand and California breeding stocks. The periods of lowest haul-out occurrence. quality study, which would take place population estimates for the marine The end date falls approximately two over the six-months of the study. mammal species that may be taken by

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Level B harassment were provided in with the Council of Environmental I. Background Table 3 of this document. Quality (CEQ) regulations and NOAA HABS and hypoxia can have Based on the analysis contained Administrative Order (NAO) 216–6. detrimental impacts to human and herein of the likely effects of the NMFS prepared and signed a Finding of animal health, local and regional specified activity on marine mammals No Significant Impact (FONSI) economies, and long-term national and their habitat, and taking into determining that preparation of an security. In response, the Harmful Algal consideration the implementation of the Environmental Impact Statement (EIS) Bloom and Hypoxia Research and mitigation and monitoring measures, was not required. The FONSI was Control Amendments Act of 2014 NMFS determined that small numbers signed on May 26, 2016 prior to the (HABHRCA) establishes a national of marine mammals will be taken issuance of the IHA for the City of San program and Federal interagency task relative to the populations of the Diego’s sand quality study activities force to advance the understanding of affected species or stocks. See Table 3 from June 2016 to June 2017. A copy of HABs and hypoxia events, and to for the authorized take numbers of the EA and FONSI is available upon marine mammals. respond to, detect, predict, control, and request (see ADDRESSES). mitigate these events to the greatest Impact on Availability of Affected Authorization extent practicable. Species or Stock for Taking for Section 8 of the HABHRCA requires Subsistence Uses NMFS has issued an IHA to the City NOAA, as the lead federal agency of the of San Diego for conducting sand Section 101(a)(5)(D) of the MMPA task force and Interagency Working quality study activities at the Children’s requires NMFS to determine that the Group on HABHRCA (IWG–HABHRCA), Pool Beach in La Jolla, CA, provided the authorization will not have an to develop and submit to Congress a previously mentioned mitigation, unmitigable adverse effect on the plan for reducing, mitigating, and monitoring, and reporting requirements availability of marine mammal species controlling HABs and hypoxia in the are incorporated. or stocks for subsistence use. There are Great Lakes, and publish a summary of not relevant subsistence uses of marine Dated: May 27, 2016. the plan in the Federal Register prior to mammals implicated by this action. Donna S. Wieting, submission. The plan builds upon the Therefore, NMFS has determined that Director, Office of Protected Resources, Great Lakes HABs and Hypoxia the total taking of affected species or National Marine Fisheries Service. Integrated Assessment contained in stocks would not have an unmitigable [FR Doc. 2016–13171 Filed 6–2–16; 8:45 am] ‘‘HABs and Hypoxia Comprehensive adverse impact on the availability of BILLING CODE 3510–22–P Research Plan and Action Strategy: An such species or stocks for subsistence Interagency Report’’, referenced herein, purposes. and builds upon the work of the DEPARTMENT OF COMMERCE International Joint Commission (e.g., Endangered Species Act reports entitled A Balanced Diet for NMFS (Permits and Conservation National Oceanic and Atmospheric Lake Erie: Reducing Phosphorous Division) has determined that an ESA Administration Loadings and Harmful Algal Blooms section 7 consultation for the issuance and Human Health Effects from of an IHA under section 101(a)(5)(D) of Interagency Working Group on the Harmful Algal Blooms: a Synthesis) and the MMPA for this activity is not Harmful Algal Bloom and Hypoxia the Great Lakes Water Quality necessary for the Guadalupe fur seal. Research and Control Amendments Agreement (e.g. Annex Four). The Plan This species is rare at Children’s Pool Act also addresses key aspects of Federal Beach. Due to the fact that sightings Activities to better understand and AGENCY: National Ocean Service, have occurred in the area, and due to address HABs and hypoxia in the Great National Oceanic and Atmospheric the declaration of a UME for this species Lakes. Those efforts include establishing Administration, U.S. Department of in the area, ESA consultation was HAB and hypoxia forecast products Commerce. considered. However, it was determined through comprehensive monitoring that the sand sampling activities would ACTION: Notices; publication of report integrated with satellite coverage and have no potential to affect the and plan summary. modeling of coastal, and freshwater Guadalupe fur seal because these zones; and developing and deploying activities would not occur if this species SUMMARY: The National Ocean Service lower cost, easy to use, and real-time were present at Children’s Pool Beach. (NOS) of the National Oceanic and sensors for early detection of hypoxia No other ESA-listed species are Atmospheric Administration (NOAA) and HAB cells and toxins. The Plan expected to occur in the proposed publishes this notice to announce the further reflects significant engagement project area. publication of a detailed outline between IWG–HABHRCA agencies and summarizing the intent of the Great a wide variety of stakeholders. National Environmental Policy Act Lakes Plan on Harmful Algal Blooms Stakeholder engagement provides the To meet NMFS’s National (HABs) and Hypoxia. IWG with information and perspective Environmental Policy Act (NEPA; 42 Notice is also hereby given of the that enhances Federal data collection U.S.C. 4321 et seq.) requirements for the publication of ‘‘HABs and Hypoxia efforts. issuance of an IHA to the City of San Comprehensive Research Plan and II. Summary of the Great Lakes Plan on Diego, NMFS prepared an Action Strategy: An Interagency Harmful Blooms and Hypoxia Environmental Assessment (EA) titled Report.’’ Draft Environmental Assessment of the The IWG–HABHRCA is producing the Issuance of an Incidental Harassment FOR FURTHER INFORMATION CONTACT: Great Lakes Plan on Harmful Algal Authorization to the City of San Diego Caitlin Gould ([email protected], Blooms and Hypoxia: An Interagency to Take Marine Mammals by 240–533–0290) or Stacey DeGrasse Report (hereafter: The ‘‘Plan’’), which Harassment Incidental to Sand Quality ([email protected], 240– will assess the current state of the Study Activities at the Children’s Pool 402–1470) science on causes and impacts of Beach in La Jolla, California to comply SUPPLEMENTARY INFORMATION: harmful algal blooms (HABs) and

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