25958 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

Specifically, this action is a notice of an Michael Payne, Chief, Permits and must set forth the permissible methods administrative and legal nature. Conservation Division, Office of of taking, other means of effecting the Furthermore, individual permit actions Protected Resources, National Marine least practicable adverse impact on the by the ONMS will be subject to Fisheries Service, 1315 East-West species or stock and its habitat, and additional case-by-case analysis, as Highway, Silver Spring, MD 20910. The requirements pertaining to the required under NEPA, which will be mailbox address for providing email mitigation, monitoring and reporting of completed as new permit applications comments is [email protected]. such takings. NMFS has defined are submitted for specific projects and Please include 0648–XC498 in the ‘‘negligible impact’’ in 50 CFR 216.103 activities. subject line. NMFS is not responsible as ‘‘. . . an impact resulting from the specified activity that cannot be B. Paperwork Reduction Act for email comments sent to addresses other than the one provided here. reasonably expected to, and is not Applications for the special use Comments sent via email, including all reasonably likely to, adversely affect the permits discussed in this notice involve attachments, must not exceed a 10- species or stock through effects on a collection-of information requirement megabyte file size. annual rates of recruitment or survival.’’ subject to the requirements of the PRA. All comments received are a part of Section 101(a)(5)(D) of the MMPA OMB has approved this collection-of- the public record and will generally be established an expedited process by information requirement under OMB posted to http://www.nmfs.noaa.gov/pr/ which citizens of the United States can control number 0648–0141. permits/incidental.htm without change. apply for an authorization to Dated: April 19, 2013. All Personal Identifying Information (for incidentally take small numbers of Daniel J. Basta, example, name, address, etc.) marine mammals by harassment. Director, Office of National Marine voluntarily submitted by the commenter Section 101(a)(5)(D) of the MMPA Sanctuaries. may be publicly accessible. Do not establishes a 45-day time limit for [FR Doc. 2013–10380 Filed 5–2–13; 8:45 am] submit Confidential Business NMFS’s review of an application followed by a 30-day public notice and BILLING CODE 3510–NK–M Information or otherwise sensitive or protected information. comment period on any proposed A copy of the application containing authorizations for the incidental DEPARTMENT OF COMMERCE a list of the references used in this harassment of small numbers of marine document may be obtained by writing to mammals. Within 45 days of the close National Oceanic and Atmospheric the address specified above, telephoning of the public comment period, NMFS Administration the contact listed below (see FOR must either issue or deny the authorization. RIN 0648–XC498 FURTHER INFORMATION CONTACT), or visiting the Internet at:http:// Except with respect to certain Takes of Marine Mammals Incidental to www.nmfs.noaa.gov/pr/permits/ activities not pertinent here, the MMPA Specified Activities; Demolition and incidental.htm. Documents cited in this defines ‘‘harassment’’ as: any act of Construction Activities of the notice, including the IHA application, pursuit, torment, or annoyance which (i) has the potential to injure a marine Children’s Pool Lifeguard Station at La may be viewed, by appointment, during mammal or marine mammal stock in the Jolla, California regular business hours, at the wild [Level A harassment]; or (ii) has aforementioned address. AGENCY: National Marine Fisheries the potential to disturb a marine Service (NMFS), National Oceanic and FOR FURTHER INFORMATION CONTACT: mammal or marine mammal stock in the Atmospheric Administration (NOAA), Howard Goldstein or Jolie Harrison, wild by causing disruption of behavioral Commerce. Office of Protected Resources, NMFS, patterns, including, but not limited to, ACTION: Notice; proposed Incidental 301–427–8401. migration, breathing, nursing, breeding, Harassment Authorization; request for SUPPLEMENTARY INFORMATION: feeding, or sheltering [Level B comments. Background harassment]. 16 U.S.C. 1362(18). SUMMARY: NMFS has received an Sections 101(a)(5)(D) of the MMPA, as Summary of Request application from the City of San Diego amended (16 U.S.C. 1371(a)(5)(D)), On December 3, 2012, NMFS received for an Incidental Harassment directs the Secretary of Commerce an application from the City of San Authorization (IHA) to take small (Secretary) to allow, upon request, the Diego, Engineering and Capital Projects numbers of marine mammals, by Level incidental, but not intentional, taking of Department, requesting an IHA. A B harassment, incidental to demolition small numbers of marine mammals of a revised IHA application was submitted and construction activities of the species or population stock, by United on April 1, 2013. The requested IHA Children’s Pool Lifeguard Station in La States citizens who engage in a specified would authorize the take, by Level B Jolla, California. NMFS has reviewed activity (other than commercial fishing) (behavioral) harassment, of small the application, including all supporting within a specified geographical region if numbers of Pacific harbor seals (Phoca documents, and determined that it is certain findings are made and, if the vitulina richardii), California sea lions adequate and complete. Pursuant to the taking is limited to harassment, a notice (Zalophus californianus), and northern Marine Mammal Protection Act of a proposed authorization is provided elephant seals (Mirounga angustirostris) (MMPA), NMFS is requesting comments to the public for review. incidental to demolition and on its proposal to issue an IHA to the Authorization for the incidental construction activities of the Children’s City of San Diego to incidentally harass, taking of small numbers of marine Pool Lifeguard Station at La Jolla, by Level B harassment only, three mammals shall be granted if NMFS California. The demolition and species of marine mammals during the finds that the taking will have a construction operations are proposed to specified activities. negligible impact on the species or take place during June to December, DATES: Comments and information must stock(s), will not have an unmitigable 2013 in La Jolla, California. Additional be received no later than June 3, 2013. adverse impact on the availability of the information on the demolition and ADDRESSES: Comments on the species or stock(s) for subsistence uses construction activities at the Children’s application should be addressed to P. (where relevant). The authorization Pool Lifeguard Station is contained in

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25959

the application, which is available upon utilized on the project site. Operation of occupancy observation space, radio request (see ADDRESSES). the equipment is the primary activity storage closet, and exterior catwalk. within the demolition and construction Interior stairs will link the floors. The Description of the Proposed Specified of activities that is likely to affect existing below grade retaining walls will Activity marine mammals by potentially remain in place and new retaining walls The Children’s Pool was created in exposing them to in-air (i.e., airborne or will be constructed for a ramp from 1932 by building a breakwater wall sub-aerial) noise. It is difficult to predict street level to the lower level for which created a protected pool for what activities might cause noticeable emergency vehicle beach access and swimming. This pool has partially filled behavioral reactions with Pacific harbor pedestrian access to the lower level with sand, but still has open water for seals at this site. Children’s Pool is a restrooms and showers. A 5.6 m (18. 5 swimming, as well as a beach for highly disturbed hauling-out site and ft) wall would be located along the sunbathing and walking. The Children’s seals at this location do not respond to north end of the lower level. The walls Pool and nearby shore areas are used by stimuli as observed with other harbor would be designed for a minimum swimmers, sunbathers, SCUBA divers seals in other areas (Hanan & Associates, design life of 50 years and would not be and snorkelers, shore/surf fishermen, 2004; 2011) (see http://www.youtube. undermined from ongoing coastal school classrooms, tide pool explorers, comwatch?v=4IRUYVTULsg). During erosion. The walls would not be readily kayakers, surfers, boogie and skim the working day, the City of San Diego viewed from Coast Boulevard, the boarders, seal, bird and nature waters as estimates there will be sound source public sidewalks or the surrounding well as other activities by the general levels above 90 dB re 20 mPa during 106 community. public. Over the last three years (2010 days, including 27 days of 100 to 110 dB Lower level improvements include through 2012), an average of 1,556,184 re 20 mPa at the demolition and new beach access restrooms and people have visited the Children’s Pool construction site. The contractor used showers, lifeguard lockers, and a sewage and lifeguards have taken an average of published or manufacturer’s pump room. The plaza level plan 8,147 preventive actions and 86 water measurements to estimate sound levels. includes two work stations, a ready/ rescues annually (CASA, 2010; 2011; On average, pinnipeds will be about observation room, kitchenette, restroom 2012). The existing lifeguard facility 30.5 meters (m) (100 feet [ft]) or more and first aid station. The observation was built in 1967, it is old, deteriorating from the construction site with a level includes a single occupancy from saltwater intrusion, and no longer potential minimum of about 15.2 m (50 observation space, radio storage closet, serves neither the needs of the lifeguard ft) and a peak of about 83 dB re 20 mPa and exterior catwalk. The existing plaza staff nor the beach-going public. The at the mean hauling-out distance (30.5 would be reconfigured to provide a 3.1 structure was condemned on February m). The City of San Diego used the m (10 ft) wide ramp for emergency 22, 2008 due to its deteriorated formula and online calculator on the vehicles to the beach and for conditions and the lack of structural Web site: http://sengpielaudio.com/ pedestrians to the lower level accessible integrity; therefore, it can no longer be calculator-distance.htm and measured restrooms and showers. Enhanced used in its current state. Since the distances from the sound source to paving, seating and viewing space, existing building is no longer viable, a determine the area of potential impacts drinking fountains, adapted landscaping temporary lifeguard tower was moved from in-air sound. No studies of ambient and water efficient irrigation is also in, but because of basic year-round sound levels have been conducted at the included. No material is expected to working condition needs for the enter or be washed into the marine lifeguards and the demand for lifeguard Children’s Pool, the City of San Diego intends to measure in-air background environment that may affect water services, a new station is required. The quality, as the City of San Diego has proposed project includes the noise levels in the days immediately prior to construction. developed the U.S. Environmental demolition of the existing lifeguard Protection Agency’s National Pollutant station and construction of a new, three- The existing lifeguard station is located on a bluff above Children’s Pool Discharge Elimination System and the story, lifeguard station on the same site. Stormwater Pollution Prevention Plan, The new facility will have an (32°50′50.02″ North, 117°16′42.8″ West) required for the demolition and observation tower, first aid room, male/ nearby reef and beach areas (see construction activities. female locker rooms, and a second detailed maps and photographs on pages 30 to 31 of the ‘‘Mitigated Demolition and construction of the observation/ready room area, an new lifeguard station is estimated to accessible ramp to the new proposed Negative Declaration’’ in the IHA application). The building has take approximately 7 months (148 unisex public restrooms on the lower actual construction days of the 214 total floor, a public viewing area, and a plaza deteriorated significantly and must be removed. A backhoe will be used for days) and be completed by December in front of the lifeguard station. The new 23, 2013. Demolition and construction lifeguard station facilities will provide a demolishing the existing structure, and activities will occur Monday through 270° view of beaches, bluffs, and reefs materials will be loaded into dump Friday (no work will occur on holidays) for continued service to the public trucks to be hauled offsite. Material will during daylight hours only (i.e., 8:30 onshore as well as in the water. be hauled to a local landfill where it Sound levels during all phases of the will be separated into recycled content a.m. to 3:30 p.m.), as stipulated in the project will not exceed 110 dB re 20 mPa and waste. In its place, a new lifeguard ‘‘Mitigated Negative Declaration’’ and at five feet from the sound sources. The station is scheduled to be constructed local ordinances. Demolition and 110 dB estimate is based on equipment within and adjacent to the existing construction activities are divided into manufacturers estimates obtained by the facility. The new three-story, building phases: (1.) Mobilization and temporary construction contractor. The City of San will contain beach access level public facilities; Diego utilized the published restrooms and showers, lifeguard (2.) Demolition and site clearing; manufacturers data based on the lockers, and sewage pump room; second (3.) Site preparation and utilities; proposed equipment (i.e., a 980 Case level containing two work stations, (4.) Building foundation; backhoe, dump truck, air compressor, ready/observation room, kitchenette, (5.) Building shell; electric screw guns, jackhammer, restroom, and first aid station; and third (6.) Building exterior; concrete saw, and chop saws) to be ‘‘observation’’ level will include a single (7.) Building interior;

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25960 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

(8.) Site improvements; and Equipment—truck, hand/power tools, Negative Declaration in the IHA (9.) Final inspection and and chop saw. application), work on this proposed demobilization. Timeframe—4 weeks. project can only be performed between Detail summary (phases overlap in (7.) Building interiors: June 1st and December 31st of any year. time): Walls, sewage lift station, rough and The City of San Diego is planning to (1.) Mobilization and temporary finish mechanical electrical plumbing begin the project at the Children’s Pool facilities: structural (MEPS), wall board, door in La Jolla, California on June 1, 2013, Install—temporary perimeter fencing, frames, doors and paint. with site preparation (see page 30 to 31 temporary utilities and foundation, Equipment—truck, hand/power tools, of the Negative Declaration in the IHA temporary life guard tower, temporary and chop saw. office trailer, temporary sanitary Timeframe—October 3 to November application) followed by demolition of facilities, and temporary sound wall/ 22, 2013. the existing station and construction of visual barrier. (8.) Site improvements: the new lifeguard station to be Equipment—truck, backhoe, trailer, Modify storm drain, concrete seat completed by December 23, 2013. The small auger, hand/power tools, and walls, curbs, and planters, fine grade, locations and distances (in ft) from the concrete truck. irrigation, hardscape, landscape, hand demolition/construction site to the Timeframe—June 3 to June 18, 2013. rails, plaques, and benches. Children’s Pool haul-out area, (2.) Demolition and site clearing: Equipment—backhoe, truck, hand/ breakwater ledge/rocks haul-out area, Dismantle and remove existing power tools, concrete pump/truck, and reef haul-out area, and Casa Beach haul- station, remove hardscape and fork lift. out area can be found in the City of San landscape, trucks expected to haul-off Timeframe—October 3 to November Diego’s IHA application. less than 5 loads of debris via Coast 22, 2013. Boulevard. (9.) Final inspection, demobilization: Description of Marine Mammals in the Equipment—excavator, hydraulic System testing, remove construction Area of the Proposed Specified Activity ram, jackhammer, trucks, and hand/ equipment, inspection, and corrections. power tools. Equipment—truck, and hand/power Three species of pinnipeds are known Timeframe—June 19 to July 5, 2013. tools. to or could occur in the proposed (3.) Site preparation and utilities: Timeframe—October 18 to December Children’s Pool action area and off the Rough grade building site and modify 23, 2013. Pacific coastline (see Table 1 below). underground utilities. If the City of San Diego’s demolition Pacific harbor seals, California sea lions, Equipment—loader, backhoe, and and construction activities are not and northern elephant seals are the truck. completed in 2013, then they would three species of marine mammals that Timeframe—July 8 to July 30, 2013. submit another IHA application for occur and are likely to be found within (4.) Building foundation: 2014. Additional details regarding the the proposed activity area; thus, they are Dig/shore foundation, pour concrete, proposed demolition and construction likely to be exposed to effects of the waterproofing, and remove shoring. activities of the Children’s Pool specified activities. NMFS and the City Equipment—backhoe, concrete pump/ Lifeguard Station can be found in the of San Diego do not expect incidental truck, hand/power tools, small drill rig, City of San Diego’s IHA application. The take of other marine mammal species. A IHA application can also be found and crane. variety of other marine mammals have online at: http://www.nmfs.noaa.gov/pr/ Timeframe—July 23 to August 21, on occasion been reported from the permits/incidental.htm#applications. 2013. coastal waters of southern California. (5.) Building shell: Proposed Dates, Duration, and Specific These include gray whales, killer Pre-cast concrete panel walls, panel Geographic Region walls, rough carpentry and roof framing, whales, bottlenose dolphins, Steller sea wall board, cable railing, metal flashing, The La Jolla Children’s Pool Lifeguard lions, northern fur seals, and Guadalupe and roofing. Station is located at 827 c Coast fur seals. However, none of these Equipment—crane, truck, fork lift, Boulevard, La Jolla, California 92037 species have been reported to occur in hand/power tools. (32° 50′ 50.02″ North, 117° 16′42.8″ the proposed action area. Table 1 below Timeframe—August 22 and October 9, West. Because the City of San Diego is outlines the cetacean and pinnipeds 2013. already requiring a moratorium on all species, their habitat, and conservation (6.) Building exterior: construction activities during harbor status in the nearshore area of the Doors and windows, siding paint, seal pupping and weaning (i.e., January general region of the proposed project light fixtures, and plumbing fixtures. 1st to May 30th; see page 5 of the area.

TABLE 1—THE HABITAT, ABUNDANCE, AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE GENERAL REGION OF THE PROPOSED ACTION AREA IN THE PACIFIC OCEAN OFF THE SOUTHERN COAST OF CALIFORNIA

Best population Species Habitat ESA 2 MMPA 3 Population trend estimate (minimum) 1

Mysticetes: Gray whale (Eschrichtius Coastal and shelf 19,126 (18,107) ...... DL—Eastern Pa- NC—Eastern Pa- Increasing over robustus). cific stock. cific stock. past several decades...... EN—Western Pa- D—Western Pa- cific stock. cific stock. Odontocetes: Killer whale (Orcinus orca) ...... Widely distributed 354 (354)—West NL ...... NC ...... Increasing—West Coast Transient Coast Transient stock. stock.

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25961

TABLE 1—THE HABITAT, ABUNDANCE, AND CONSERVATION STATUS OF MARINE MAMMALS INHABITING THE GENERAL RE- GION OF THE PROPOSED ACTION AREA IN THE PACIFIC OCEAN OFF THE SOUTHERN COAST OF CALIFORNIA—Contin- ued

Best population Species Habitat ESA 2 MMPA 3 Population trend estimate (minimum) 1

...... EN—Southern D—Southern resident popu- Resident and lation. AT1 Transient populations. Bottlenose dolphin (Tursiops Offshore, inshore, 323 (290)—California NL ...... NC ...... Stable. truncatus). coastal, estu- Coastal stock. aries. Long-beaked common dolphin Inshore ...... 107,016 (76,224)— NL ...... NC ...... Increasing. (Delphinus capensis). California stock. Pinnipeds: Pacific harbor seal (Phoca Coastal ...... 30,196 (26,667)—Cali- NL ...... NC ...... Increased in Cali- vitulina richardii). fornia stock. fornia 1981 to 2004. Northern elephant seal Coastal, pelagic 124,000 (74,913)— NL ...... NC ...... Increasing (Mirounga angustirostris). when not mi- California breeding through 2005, grating. stock. now stable. California sea lion (Zalophus Coastal, shelf ...... 296,750 (153,337)— NL ...... NC ...... Increasing. californianus). U.S. stock. Steller sea lion (Eumetopias Coastal, shelf ...... 72,223 (58,334)— T—Eastern U.S. D ...... Overall increas- jubatus). Eastern U.S. stock. stock. ing, decreasing in California...... EN—Western ...... U.S. stock. Northern fur seal (Callorhinus Pelagic, offshore 9,968 (5,395)—San NL ...... NC—San Miguel Increasing. ursinus). Miguel Island stock. Island stock. Guadalupe fur seal Coastal, shelf ...... 7,408 (3,028)—Mexico T ...... D ...... Increasing. (Arctocephalus townsendi). to California. 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.e rocks and beaches at or near the Children’s Pool in La Jolla, California, are almost exclusively Pacific harbor seal hauling-out sites. On rare occasions, one or two California sea lions or a single juvenile northern elephant seal, have been observed on the sand or rocks at or near the Children’s Pool (i.e., breakwater ledge/rocks haul- out area, reef haul-out area, and Casa Beach haul-out area). These sites are not usual haul-out locations for California sea lions and/or northern elephant seals. The City of San Diego commissioned two studies of harbor seal abundance trends at the Children’s Pool. Both studies reported rare appearances of California sea lions and northern elephant seals (Yochem and Steward, 1998; Hanan & Associates, 2004).

Pacific Harbor Seal Animals along Baja California are not food in nearby areas. Harbor seal considered to be a part of the California numbers have increased since 1979 and Harbor seals are widely distributed in the North Atlantic and North Pacific. stock because it is not known if there is seals are documented to give birth on Two subspecies exist in the Pacific any demographically significant these beaches during January through Ocean: P. v. stejnegeri in the western movement of harbor seals between May (Hanan, 2004; 2011). Several North Pacific near Japan, and P. v. California and Mexico and there is no studies have identified seal behavior richardii in the eastern North Pacific. international agreement for joint and estimated seal numbers including The subspecies in the eastern North management of harbor seals. In patterns of daily and seasonal area use Pacific Ocean inhabits near-shore California, approximately 400 to 600 (Yochem and Stewart, 1998; Hanan & coastal and estuarine areas from Baja harbor seal haul-out sites are distributed Associates, 2004, 2011; Linder, 2011). California, Mexico, to the Pribilof along the mainland and on offshore Males, females, and pups (in season) of Islands in Alaska. These seals do not islands, including intertidal sandbars, all ages and stages of development are make extensive pelagic migrations, but rocky shores, and beaches (Hanan, 1996; observed at the Children’s Pool and do travel 300 to 500 km (162 to 270 Lowery et al., 2008). Harbor seals are adjacent areas. nautical miles [nmi]) on occasion to find one of the most common and frequently Harbor seals haul-out on the sand, food or suitable breeding areas (Herder, observed marine mammals along the rocks, and breakwater base at/near the 1986; Harvey and Goley, 2011). Previous coastal environment. Children’s Pool in numbers of 0 to 15 assessments of the status of harbor seals Pacific harbor seals haul-out on seals to a maximum of about 150 to 200 have recognized three stocks along the nearby beaches and rocks (i.e., seals depending on the time of day, west coast of the continental U.S.: (1) breakwater ledge/rocks haul-out area, season, and weather conditions. These California, (2) Oregon and Washington reef haul-out area, and Casa Beach haul- animals have been observed in this area outer coast waters, and (3) inland waters out area) below the lifeguard tower at moving to/from the Children’s Pool, of Washington. An unknown number of Children’s Pool. It is one of the three exchanging with the rocky reef directly harbor seals also occur along the west known haul-out sites for this species in west of and adjacent to the breakwater coast of Baja California, at least as far San Diego County. They haul-out, give and with Seal Rock, which is about 150 south as Isla Asuncion, which is about birth to pups, nurse, and molt their m (492 ft) west of the Children’s Pool. 100 miles south of Punta Eugenia. pelage on the beach and often forage for Harbor seals have also been reported on

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25962 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

the sandy beach just southwest of the are always away from the haul-out sites. births and the proportion of pups in the Children’s Pool. Because space is A complete pup count (as is done for population. Censuses are conducted in limited behind the breakwater at other pinnipeds in California) is also not July after all pups have been born. There Children’s Pool, it is unlikely that the possible because harbor seals are are no rookeries at or near the number of seals would ever exceed 250 precocial, with pups entering the water Children’s Pool. Population estimates individuals (Linder, 2011). At low tide, almost immediately after birth. for the U.S. stock of California sea lions, additional space for hauling-out is Population size is estimated by counting range from a minimum of 153,337 to an available on the rocky reef areas outside the number of seals ashore during the average estimate of 296,750 animals. the retaining wall and on beaches peak haul-out period (May to July) and They are considered to be at carrying immediately southward. Haul-out times by multiplying this count by a capacity of the environment. The vary by time of year, from less than an correction factor equal to the inverse of California sea lion is not listed under hour to many hours. There have been no the estimated fraction of seals on land. the ESA and the U.S. stock is not foraging studies at this site, but harbor Based on the most recent harbor seal considered depleted or strategic under seals have been observed in nearshore counts (2009) and including a revised the MMPA. waters and kelp beds nearby, including correction factor, the estimated Northern Elephant Seal La Jolla Cove. population of harbor seals in California Radio-tagging and photographic is 30,196 individuals (NMFS, 2011), Northern elephant seals breed and studies have revealed that only a with an estimated minimum population give birth in California (U.S.) and Baja portion of seals utilizing a hauling-out of 26,667 for the California stock of California (Mexico), primarily on site are present at any specific moment harbor seals. Counts of harbor seals in offshore islands (Stewart et al., 1994), or day (Hanan, 1996, 2005; Gilbert et al., California increased from 1981 to 2004. from December to March (Stewart and 2005; Harvey and Goley, 2011; and The harbor seal is not listed under the Huber, 1993). Males feed near the Linder, 2011). These radio-tagging ESA and the California stock is not eastern Aleutian Islands and in the Gulf studies indicate that harbor seals in considered depleted or strategic under of Alaska, and females feed further Santa Barbara County haul-out about 70 the MMPA. south, south of 45ß North (Stewart and to 90% of the days annually (Hanan, Huber, 1993; Le Boeuf et al., 1993). 1996), the City of San Diego expects California Sea Lion Adults return to land between March harbor seals to behave similarly at the The California sea lion is now and August to molt, with males Children’s Pool. Tagged and branded considered to be a full species, returning later than females. Adults harbor seals from other haul-out sites separated from the Galapagos sea lion return to their feeding areas again have been observed by Dr. Hanan at the (Zalophus wollebaeki) and the extinct between their spring/summer molting Children’s Pool. Harbor seals have been Japanese sea lion (Zalophus japonicus) and their winter breeding seasons. observed with red-stained heads and (Brunner, 2003; Wolf et al., 2007; Populations of northern elephant coats, which are typical of some harbor Schramm et al., 2009). The breeding seals in the U.S. and Mexico were all seals in San Francisco Bay, indicating areas of the California sea lion are on originally derived from a few tens or a that seals tagged at other locations and islands located in southern California, few hundreds of individuals surviving haul-out sites do visit the Children’s western Baja California, and the Gulf of in Mexico after being nearly hunted to Pool. A few seals have been tagged at California. Genetic analysis of California extinction (Stewart et al., 1994). Given the Children’s Pool and there are no sea lions identified five genetically the very recent derivation of most reports of these tagged animals at other distinct geographic populations: (1) rookeries, no genetic differentiation sites (probably because of very low re- Pacific Temperate, (2) Pacific would be expected. Although movement sighting efforts and a small sample size Subtropical, (3) Southern Gulf of and genetic exchange continues [10 individuals radio-tagged]), which California, (4) Central Gulf of California, between rookeries when they start may indicate a degree of site-fidelity and (5) Northern Gulf of California breeding (Huber et al., 1991). The (Yochem and Stewart, 1998). These (Schramm et al., 2009). In that study, California breeding population is now studies further indicate that seals are the Pacific Temperate population demographically isolated from the Baja constantly moving along the coast included rookeries within U.S. waters California population. The California including to/from the offshore islands and the Coronados Islands just south of breeding population is considered in and that there may be as many as 600 U.S./Mexico border. Animals from the NMFS stock assessment report to be a harbor seals using Children’s Pool Pacific Temperate population range separate stock. during a year, but certainly not all at north into Canadian waters, and A complete population count of one time. movement of animals between U.S. elephant seals is not possible because The City of San Diego has fitted a waters and Baja California waters has all age classes are not ashore at the same polynomial curve to the number of been documented, though the distance time. Elephant seal population size is expected harbor seals hauling-out at the between the major U.S. and Baja typically estimated by counting the Children’s Pool by month (see Figure 1 California rookeries is at least 740.8 km number of pups produced and of the IHA application and below) based (400 nmi). Males from western Baja multiplying by the inverse of the on counts at the Children’s Pool by California rookeries may spend most of expected ratio of pups to total animals Hanan & Associates (2004, 2011), the year in the U.S. (McCann, 1985). Based on the estimated Yochem and Stewart (1998), and the The entire population cannot be 35,549 pups born in California in 2005 Children’s Pool docents (Hanan & counted because all age and sex classes and an appropriate multiplier for a Associates, 2004). A three percent are never ashore at the same time. In rapidly growing population, the annual growth rate of the population lieu of counting all sea lions, pups are California stock was approximately was applied to Yochem and Stewart counted during the breeding season 124,000 in 2005. The minimum (1998) counts to normalize them to (because this is the only age class that population size for northern elephant Hanan & Associates and docent counts is ashore in its entirety), and the seals can be estimated very in 2003 to 2004. numbers of births is estimated from the conservatively as 74,913, which is equal A complete count of all harbor seals pup count. The size of the population is to twice the observed pup count (to in California is impossible because some then estimated from the number of account for the pups and their mothers),

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25963

plus 3,815 males and juveniles counted Current NMFS practice, regarding throughout the Children’s Pool area, i.e., at the Channel Islands and central exposure of marine mammals to high- within approximately a few hundred California sites in 2005 (Lowry, NMFS level in-air sounds, as a threshold for feet of the proposed activity. The nature unpublished data). Based on trends in potential Level B harassment, is at or of that effect is unpredictable, but pup counts, northern elephant seal above 90 dB re 20 mPa for harbor seals logical responses on the part of the colonies were continuing to grow in and at or above 100 dB re 20 mPa for all pinnipeds include tolerance (noise California through 2005, but appear to other pinniped species (Lawson et al., levels would likely not be loud enough be stable or slowly decreasing in Mexico 2002; Southall et al., 2007). NMFS does to induce temporary threshold shift in (Stewart et al., 1994). Northern elephant not expect exposure of marine mammals harbor seals), or avoidance by using seals are not listed under the ESA and to high-level underwater sounds from haul-outs or by foraging outside of the are not considered as depleted or a demolition and construction activities immediate Children’s Pool area. strategic stock under the MMPA. that would be considered for potential In-Air Noise—The principal source of Further information on the biology Level B harassment. The acoustic in-air noise would be from a 980 Case and local distribution of these marine mechanisms involved entail in-air non- backhoe, dump truck, air compressor, mammal species and others in the impulsive noise caused by the electric screw guns, jackhammer, region can be found in the City of San demolition and construction activities. concrete saw, and chop saws used for Diego’s application, which is available Expected in-air noise levels are the proposed demolition and upon request (see ADDRESSES), and the anticipated to result in elevated sound construction activities. Background NMFS Marine Mammal Stock intensities near the proposed demolition noise levels near the Children’s Pool are Assessment Reports, which are available and construction activities. No other likely already elevated due to normal online at: http://www.nmfs.noaa.gov/pr/ mechanisms are expected to affect activities. Marine mammals at sars/. marine mammal use of the area. The Children’s Pool haul-outs are presumably habituated to the daily Potential Effects on Marine Mammals other activities, would not affect any haul-out and would not entail noise, coming and going of humans, The City of San Diego requests and activity surrounding the water automobiles, and to other existing authorization for Level B harassment of materially different from normal activities at the proposed action area. three species of marine mammals (i.e., operations at the lifeguard station, to These activities may occur at any time Pacific harbor seals, California sea lions, which the animals are likely already of the day for periods of up to several and northern elephant seals) incidental habituated. hours at a time. There have been no to the use of equipment and its Since no demolition or construction studies for ambient sound levels at the propagation of in-air noise from various activities will be performed during the Children’s Pool. acoustic mechanisms associated with pupping and weaning season (i.e., There are so many human visitors to the proposed demolition and January through May), there will be no the Children’s Pool site at all hours of construction activities of the Children’s impacts on birthing rates or pup the day and night, season, and weather Pool Lifeguard Station at La Jolla, survivorship at the Children’s Pool. that human scent and visual presence California discussed above. Behavioral There will be no in-water demolition are generally not considered issues disturbance may potentially occur as and construction activities in or near the (Hanan, 2004; 2011). At this site, the well incidental to the visual presence of water so pinniped activities in the water Pacific harbor seals are most disturbed humans and demolition/construction should not be affected. Additionally, when people get very close to them on activities; however, pinnipeds at this pinnipeds utilizing the Children’s Pool the beach (i.e., probably 2 to 3 m [6.6 site have likely adapted or become beach as a haul-out site are a very small to 9.8 ft]. However, the City of San habituated to human presence at this portion of the species and/or stock Diego wants to be authorized for site. Large numbers of people come to populations and any impacts would incidental take coverage in case the site to view the pinnipeds at all have little effect at the species and/or pinnipeds alert to the novel presence or hours and they perform many activities stock population levels. sounds of equipment not previously that can disturb pinnipeds at other sites, As noted above, current NMFS experienced by pinnipeds at this but this often does not occur at practice, regarding exposure of marine location. The contractors will not Children’s Pool as they seem to have mammals to high-level in-air sounds, as directly approach the Pacific harbor habituated to human presence and a potential threshold for Level B seals during the proposed demolition associated noises (Hanan & Associates, harassment, is at or above 90 dB re 20 and construction activities. 2004; 2011). Lifeguards at the Children’s mPa for harbor seals and at or above 100 At the individual level, a newly Pool and nearby areas estimate that an dB re 20 mPa for all other pinniped arrived pinniped (moved in from average of 1,556,184 people per year or species. Pinnipeds at Children’s Pool another area) may not have habituated 129,682 per month visit the site from are likely already exposed to and to humans and noise as pinnipeds that 2010 to 2012. A maximum of 15 habituated to loud noise and human have been on site for awhile. These personnel, at any one time, are expected presence, and thus may have areas of recent arrivals may alert to these to be part of the proposed demolition effect comparable to the radius of effect stimuli, perhaps flushing into the water. and construction activities. Several calculated for noise from the demolition However, after a few days of using the species of marine mammals may and construction activities. Behavioral beach at Children’s Pool, the City of San potentially occur in the proposed considerations suggest that the Diego would expect the pinnipeds to specified geographic area and thus may pinnipeds would be able to determine habituate and not react to humans be affected by the proposed action. that a noise source does not constitute (unless close to them) or noises at the Pacific harbor seals are the most a threat if it is more than a certain demolition and construction activities common species, the California sea lion distance away, and the sound levels site. and northern elephant seal are observed involved are not high enough to result Although harbor seals could also be occasionally, and thus considered likely in injury (Level A harassment). affected by in-air noise and activity to be exposed to sound associated with Nonetheless, these data suggest that associated with demolition and the demolition and construction demolition and construction activities construction at the lifeguard, seals at activities. may affect pinniped behavior Children’s Pool haul-outs are

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25964 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

presumably habituated to human above for harbor seals. There is a construction activities end and all activity to some extent due to the daily possibility of behavioral effects related equipment and barriers are removed. coming and going of humans, and to to project acoustic impacts, in the event The anticipated adverse impacts upon other existing activities in the area. of California sea lion and northern habitat consist of temporary changes to These activities may occur at any time elephant seal presence in the activity the in-air acoustic environment, as of the day and may produce noise for area. California sea lions and northern detailed in the IHA application. These periods of up to several hours at a time. elephant seals have been seen in the changes are minor, temporary, and of The operation of loud equipment are activity area, albeit infrequently, and limited duration to the period of above and outside of the range of there are no quantitative estimates of the demolition and construction activities. normal activity at the Children’s Pool frequency of their occurrence. Assuming No aspect of the proposed project is and have the potential to cause seals to that they are present, it is possible anticipated to have any permanent leave a haul-out at the Children’s Pool. California sea lions and northern effect on the location of pinniped haul- This would constitute Level B elephant seals might be subject to outs in the area, and no permanent harassment (behavioral). In view of the behavioral harassment. change in seal or sea lion use of haul- relatively small area that would be The potential effects to marine outs and related habitat features is affected by elevated in-air noise and the mammals described in this section of anticipated to occur as a result of the proximity to the haul-out sites, it the document do not take into proposed project. The temporary appears probable that some seals could consideration the proposed monitoring impacts on the acoustic environment are show a behavioral response, despite and mitigation measures described later not expected to have any permanent their habituation to current levels of in this document (see the ‘‘Proposed effects on the species or stock human-generated noise; incidental take Mitigation’’ and ‘‘Proposed Monitoring populations of marine mammals by this mechanism may occur during and Reporting’’ sections) which, as occurring at the Children’s Pool. The the demolition and construction noted are designed to effect the least area of habitat affected is small and the effects are temporary, thus there is no activities. practicable adverse impact on affected Harbor seal presence in the activity reason to expect any significant marine mammal species or stocks. area is perennial, with daily presence at reduction in habitat available for a nearby haul-out during the months Anticipated Effects on Marine Mammal foraging and other habitat uses. when the activity would occur. The Habitat NMFS anticipates that the action will potentially affected seals include adults result in no impacts to marine mammal of both sexes. The harbor seals at All construction activities are beyond habitat beyond rendering the areas Children’s Pool may be residents, non- or outside the habitat areas where immediately around the Children’s Pool migratory, exhibit site fidelity at the harbor seals and other pinnipeds are less desirable during demolition and haul-out sites. It is likely that many found. Visual barriers will be erected to construction activities of the Children’s seals in the population would be shield construction activities from the Pool Lifeguard Station as the impacts affected more than once over the course potential acoustic effects and visual will be localized. Impacts to marine of the proposed demolition and perception of pinnipeds. The general mammals, invertebrates, and fish construction period; therefore, it is public will not be excluded from the species are not expected to be possible that some measure of beaches and areas outside the detrimental. demolition and construction zone. adaptation or habituation would occur Proposed Mitigation on the part of the seals, whereby they Because the public occasionally would tolerate elevated noise levels harasses the harbor seals with various In order to issue an Incidental Take and/or utilize haul-outs relatively activities, the NMFS-qualified monitor Authorization (ITA) under section distant from the demolition and will make observations and attempt to 101(a)(5)(D) of the MMPA, NMFS must construction activities. This strategy is attribute any observed harassment to the set forth the permissible methods of possible, but it is difficult to predict public or to the demolition and taking pursuant to such activity, and whether the harbor seals would show construction activities and give all other means of effecting the least such a response. Project scheduling details in the observation report. If any practicable adverse impact on such avoids sensitive life history phases of short-term, temporary impacts to habitat species or stock and its habitat, paying harbor seals. Project activities producing due to sounds or visual presence of particular attention to rookeries, mating in-air noise would commence in June. equipment and workers did occur, the grounds, and areas of similar Project activities producing in-air noise City of San Diego would expect significance, and on the availability of are scheduled to terminate at the end of pinniped behavior to return to pre- such species or stock for taking for December, which is before female seals demolition and construction conditions certain subsistence uses. begin to seek sites suitable for pupping. soon after the proposed activities are The City of San Diego has established Effects on California Sea Lions and completed which is anticipated to occur the Children’s Pool as a shared beach for Northern Elephant Seals—California sea before the next pupping season. This pinnipeds and people. During the lions and northern elephant seals, site is already very disturbed by member pupping season a rope is placed along although abundant in northern of the public who come to the area the upper part of the beach to designate California waters, have seldom been during the day and night to view the how close people can come to the haul- recorded at the Children’s Pool. Their pinnipeds. The City of San Diego and out area. Swimming and other water low abundance in the area may be due NMFS do not project any loss or activities are still allowed as long as to the presence of a large and active modification of physical habitat for there is no direct harassment of the harbor seal population there, which these species. Any potential temporary pinnipeds. The proposed demolition likely competes with the California sea loss or modification of habitat due to in- and construction activities are planned lions and northern elephant seals for air noise or visual presence of to occur outside the harbor seal pupping foraging resources. Any California sea equipment and workers during the and weaning periods. Visual and lions that visit the action area during proposed activities is expected by the acoustic barriers will be constructed. construction activities would be subject City of San Diego and NMFS to be The visual and acoustic barrier will to the same type of impacts described quickly restored after demolition and likely be constructed of plywood, 1.8 to

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25965

2.4 m (6 to 8 ft) tall. The barriers will that in-air sounds associated with expected to be present in the action be placed at the site with input from construction no longer exceed levels area. NMFS Southwest Regional Office that are potentially harmful to marine The City of San Diego has developed (SWRO) personnel so that they will hide mammals]) to marine mammals. a monitoring plan (see Appendix I. as advantageously as possible the Mitigated Negative Declaration in the Timing Constraints for In-Air Noise demolition and construction activities IHA application) based on discussions that may be seen by pinnipeds. The To minimize in-air noise impacts on between the project biologist, Dr. Doyle barriers may dampen the acoustic sound marine mammals, underwater Hanan, and NMFS biologists. The plan sources, but are not expected to exclude construction activities shall be limited has been vetted by City of San Diego sound from the environment. As the site to the period when the species of planners and reviewers. The plan has is a beach with construction along the concern will be least likely to be in the been formal presented to the public for cliff and on flat areas above the cliff, a project area. The construction window review and comment. The City of San complete barrier cannot likely be for demolition and construction Diego has responded in writing and in constructed to hide all demolition and activities shall be from June 1, 2013 to public testimony (see City of Council construction activities for the proposed December 23, 2013. Avoiding periods Hearing, December 14, 2011) to all project. Once the walls of the lifeguard when the highest number of marine public concerns. station’s building are in place, much of mammal individuals are in the action The basic plan is to survey prior to the demolition and construction area is another mitigation measure to construction activities and then monitor activities will take place above the protect marine mammals from demolition and construction activities Children’s Pool beach (i.e., out of sight) demolition and construction activities. by NMFS-approved Protected Species as well as inside the building (i.e., a More information regarding the City Observers (PSOs) with binoculars and visual and partial sound barrier). There of San Diego’s monitoring and handheld digital sound level measuring will be no activities in the ocean or mitigation measures, for the demolition devices. PSOs will observe from a closer to the water’s edge and since and construction activities at the station along the breakwater wall as harbor seals mate underwater in the Children’s Pool Lifeguard Station can be well as the base of the cliff below the ocean, there will be no impacts on found in the IHA application. demolition/construction area. PSOs will be on site approximately 30 minutes mating activities. California sea lions NMFS has carefully evaluated the before the start of demolition and and northern elephant seals are such applicant’s proposed mitigation construction activities and continue for infrequent users of this area and their measures and considered a range of 30 minutes after activities have ceased. rookeries are so far away (at least 104.6 other measures in the context of Monitors will have authority to stop km [65 miles] at offshore islands) that ensuring that NMFS prescribes the construction as necessary depending on there will be no adverse impact on these means of effecting the least practicable sound levels, pinniped presence, and species. adverse impact on the affected marine The activity proposed by the distance from sound sources. Daily mammal species and stocks and their applicant includes a variety of measures monitoring reports will be maintained habitat. NMFS’s evaluation of potential calculated to minimize potential for periodic summary reports to the City measures included consideration of the impacts on marine mammals, including: of San Diego and to NMFS. • Construction shall be prohibited following factors in relation in one Observations will be entered into another: during the Pacific harbor seal pupping • maintained Hanan & Associates season (January 1st to May 1st) and for The manner in which, and the computers. The City of San Diego plans an additional four weeks to degree to which, the successful to follow the reporting in the Mitigated accommodate lactation and weaning of implementation of the measure is Negative Declaration that states ‘‘the late season pups. Thus, construction expected to minimize adverse impacts biologist shall document field activity shall be prohibited from January 1st to to marine mammals; via the Consultant Site Visit Record. • June 1st. The proven or likely efficacy of the The Consultant Site Visit Record shall • Heavy construction (highest sound specific measure to minimize adverse be either emailed or faxed to the City of levels) shall be scheduled during the impacts as planned; and San Diego’s Mitigation Monitoring annual period of lowest haul-out of • The practicability of the measure Coordination process (MMC) on the 1st occurrence, October to November. for applicant implementation, including day of monitoring, the 1st week of each • Construction shall be scheduled consideration of personnel safety, month, the last day of monitoring, and during the daily period of lowest haul- practicality of implementation, and immediately in the case of any out occurrence, from approximately impact on the effectiveness of the undocumented discovery. The project 8:30 a.m. to 3:30 p.m. Harbor seals activity. biologist shall submit a final typically have the highest daily or Proposed Monitoring and Reporting construction monitoring report to MMC hourly haul-out period during the within 30 days of construction afternoon from 3:00 p.m. to 6:00 p.m. In order to issue an ITA for an completion.’’ The MMC ‘‘coordinates • A visual and acoustic barrier will be activity, section 101(a)(5)(D) of the the monitoring of development projects erected and maintained for the duration MMPA states that NMFS must set forth and requires that changes are approved of the project to shield demolition and ‘‘requirements pertaining to the and implemented to be in conformance construction activities from beach view. monitoring and reporting of such with the permit requirements and to The temporary barrier shall consist of 1⁄2 taking.’’ The MMPA implementing minimize any damage to the to 3⁄4 inch (1.3 to 1.9 centimeters [cm]) regulations at 50 CFR 216.104(a)(13) environment.’’ These documents will plywood constructed 1.8 to 2.4 meters indicate that requests for IHAs must also be sent to NMFS. (m) (6 to 8 feet [ft]) high depending on include the suggested means of The City of San Diego will include the location. accomplishing the necessary monitoring sound measurements at and near the • Use of trained PSOs to detect, and reporting that will result in demolition and construction site in their document, and minimize impacts (i.e., increased knowledge of the species and initial survey prior to the proposed possible shut-down of noise-generating of the level of taking or impacts on activities as a background and baseline operations [turning off the equipment so populations of marine mammals that are for the project. While no specific

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25966 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

acoustic study is planned, the City of and after construction activities cease behavior of each animal, including any San Diego’s Mitigated Negative each day throughout the demolition and response to noise-generating activities; Declaration states that marine mammal construction window. • Time of the cessation of in-air noise monitoring shall be conducted for three (2) The PSO shall be approved by generating activities; and to five days prior to construction and NMFS prior to demolition and • Time of observer departure from shall include hourly systematic counts construction activities. site. of pinnipeds using the beach, seal rock, (3) The PSO shall search for marine All monitoring data collected during and associated reef areas. Monitoring mammals within the Children’s Pool construction will be included in the three to five days prior to construction area. biological monitoring notes to be will provide baseline data regarding (4) The PSO shall be present on the submitted. A final report summarizing recent haul-out behavior and patterns as pier during demolition and construction the construction monitoring and any well as background noise levels near the activities to observe for the presence of general trends observed will also be time of demolition and construction marine mammals in the vicinity of the submitted to NMFS within 90 days after activities. No monitoring is planned to proposed specified activity. All such monitoring has ended during the period be conducted after demolition and activity will occur during daylight hours of the lifeguard station construction. (i.e., 30 min after sunrise and 30 min construction activities have been The City of San Diego would notify before sunset). If inclement weather finished, as it was not anticipated nor NMFS Headquarters and the NMFS limits visibility within the area of effect, addressed in project funding. Southwest Regional Office prior to the PSO will perform visual scans to the Monitoring shall assess behavior and initiation of the demolition and extent conditions allow potential behavioral responses to construction activities. A draft final construction noise and activities. Visual (5) If marine mammals are sighted by report must be submitted to NMFS digital recordings and photographs shall the PSO within the acoustic thresholds within 90 days after the conclusion of be used to document individuals and areas, the PSO shall record the number the demolition and construction behavioral responses to construction. of marine mammals within the area of activities of the Children’s Pool The City of San Diego plan to make effect and the duration of their presence Lifeguard Station. The report would hourly counts of the number of while the noise-generating activity is include a summary of the information pinnipeds present and record sound or occurring. The PSO will also note gathered pursuant to the monitoring visual events that result in behavioral whether the marine mammals appeared requirements set forth in the IHA, responses and changes, whether during to respond to the noise and if so, the including dates and times of operations, construction or from public stimuli. nature of that response. The PSO shall During these events, pictures and video record the following information: Date and all marine mammal sightings (dates, will also be taken when possible. The and time of initial sighting, tidal stage, times, locations, species, behavioral ‘‘Mitigated Negative Declaration’’ states weather, conditions, Beaufort sea state, observations [activity, group ‘‘monitoring shall assess behavior and species, behavior (activity, group cohesiveness, direction and speed of potential behavioral responses to cohesiveness, direction and speed of travel, etc.], tidal stage, weather construction noise and activities. Visual travel, etc.), number, group conditions, Beaufort sea state and wind digital recordings and photographs shall composition, distance to sound source, force, activities, associated demolition be used to document individuals and number of animals impacted, and construction activities). A final behavioral responses to construction.’’ demolition/construction activities report must be submitted to the The City of San Diego is open to occurring at time of sighting, and Regional Administrator within 30 days working with the Western Alliance for monitoring and mitigation measures after receiving comments from NMFS on Nature’s La Jolla Harbor Seal Webcam, implemented (or not implemented). The the draft final report. If no comments are which can be found online at: http:// observations will be reported to NMFS. received from NMFS, the draft final www.wanconservancy.org/ (6) A final report will be submitted report would be considered to be the la_jolla_harbor_seal_earthcam.htm. The summarizing all in-air demolition and final report. City of San Diego may do periodic construction activities and marine While the proposed IHA would not checks for monitoring purposes. The mammal monitoring during the time of authorize injury (i.e., Level A camera is not expected to replace the authorization, and any long term harassment), serious injury, or Protected Species Observers at the site impacts from the project. mortality, should the applicant, making accurate counts, measuring A written log of dates and times of contractor, monitor or any other sound levels and observing the public monitoring activity will be kept. The log individual associated with the and the construction, as well as the shall report the following information: demolition and construction project seals. In the camera view, you may be • Time of observer arrival on site; observe an injured or dead marine able to see visual evidence of Level B • Time of the commencement of in- mammal, the incident (regardless of harassment, but it probably would not air noise generating activities, and cause) will be reported to NMFS as soon be able to be distinguished between description of the activities (e.g., pile as practicable. The report should harassment from demolition and removal, augering, or pile installation); include species or description of construction activities and the public • Distances to all marine mammals animal, condition of animal, location, since the camera only shows the relative to the sound source; time first found, observed behaviors (if Children’s Pool beach and seals (usually • For harbor seal observations, notes alive) and photo or video, if available. a specific portion of the beach, but not on seal behavior during noise-generating In the unanticipated event that the the reef nor nearby beaches). activity, as described above, and on the specified activity clearly causes the take Consistent with NMFS procedures, number and distribution of seals of a marine mammal in a manner the following marine mammal observed in the project vicinity; prohibited by this IHA, such as an monitoring and reporting shall be • For observations of all marine injury (Level A harassment), serious performed for the proposed action: mammals other than harbor seals, the injury or mortality, the City of San (1) A NMFS-approved or -qualified time and duration of each animal’s Diego shall immediately cease the Protected Species Observer (PSO) shall presence in the project vicinity; the specified activities and immediately attend the project site prior to, during, number of animals observed; the report the incident to the Chief of the

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25967

Permits, and Conservation Division, NMFS Southwest Regional Office (562– migration, breathing, nursing, breeding, Office of Protected Resources, NMFS, at 980–4017) and/or by email to the feeding, or sheltering [Level B 301–427–8401 and/or by email to Southwest Regional Stranding harassment]. [email protected] and Coordinator ([email protected]). The City of San Diego and NMFS [email protected] and the The report must include the same anticipate takes of Pacific harbor seals, Southwest Regional Stranding information identified above. Activities California sea lions, and northern Coordinator ([email protected]). may continue while NMFS reviews the elephant seals by Level B (behavioral) The report must include the following circumstances of the incident. NMFS harassment only incidental to the information: will work with Trinidad Rancheria to proposed project at the Children’s Pool. • Time, date, and location (latitude/ determine whether modifications in the No takes by injury (Level A harassment), longitude) of the incident; activities are appropriate. • serious injury, or mortality is expected. The type of activity involved; In the event that the City of San Diego • Description of the circumstances There is a high likelihood that many of discovers an injured or dead marine the harbor seals present during the during and leading up to the incident; mammal, and the lead PSO determines • Status of all sound source use in the demolition and construction activities that the injury or death is not associated 24 hours preceding the incident; water will not be flushed off of the beach or with or related to the activities depth; environmental conditions (e.g., rocks, as pinnipeds at this site are authorized (e.g., previously wounded wind speed and direction, Beaufort sea conditioned to human presence and animal, carcass with moderate to state, cloud cover, and visibility); loud noises (Hanan, 2004; 2011) (see • Description of marine mammal advanced decomposition, or scavenger http://www.youtube.com/ observations in the 24 hours preceding damage), the City of San Diego shall watch?v=4IRUYVTULsg). the incident; species identification or report the incident to the Chief of the Permits and Conservation Division, With demolition and construction description of the animal(s) involved; activities scheduled to begin June 1, • The fate of the animal(s); and Office of Protected Resources, NMFS, at 2013, the City of San Diego expects a photographs or video footage of the 301–427–8401, and/or by email to range of 0 to 190 harbor seals to be animal (if equipment is available). [email protected] and Activities shall not resume until [email protected], and the present daily during June and a seasonal NMFS is able to review the NMFS Southwest Regional Office (562– decline through November to about 0 to circumstances of the prohibited take. 980–4017) and/or by email to the 50 harbor seals present daily. If all of NMFS shall work with the City of San Southwest Regional Stranding the estimated harbor seals present are Diego to determine what is necessary to Coordinator ([email protected]), taken by incidental harassment each minimize the likelihood of further within 24 hours of the discovery. The day, there could be a maximum of prohibited take and ensure MMPA City of San Diego shall provide 12,783 takes (i.e., approximately 3,579 compliance. The City of San Diego may photographs or video footage (if adult males and 2,684 juvenile males, not resume their activities until notified available) or other documentation of the 3,451 adult females and 2,429 juvenile by NMFS via letter, email, or telephone. stranded animal sighting to NMFS and females based on age and sex ratios In the event that the City of San Diego the Marine Mammal Stranding Network. presented in Harkonen et al., 1999) over discovers an injured or dead marine the entire duration of the demolition Estimated Take by Incidental mammal, and the lead PSO determines and construction activities. The City of Harassment that the cause of the injury or death is San Diego expects about 90% of the unknown and the death is relatively Except with respect to certain adult females to be pregnant after June recent (i.e., in less than a moderate state activities not pertinent here, the MMPA and July (Greig, 2002). An unknown of decomposition as described in the defines ‘‘harassment’’ as: Any act of portion of the incidental takes would be next paragraph), the City of San Diego pursuit, torment, or annoyance which (i) from repeated exposures as harbor seals will immediately report the incident to has the potential to injure a marine leave and return to the Children’s Pool the Chief of the Permits and mammal or marine mammal stock in the area. A polynomial curve fit to counts Conservation Division, Office of wild [Level A harassment]; or (ii) has by month was used by the City of San Protected Resources, NMFS, at 301– the potential to disturb a marine Diego to estimate the number of harbor 427–8401, and/or by email to mammal or marine mammal stock in the seals expected to be hauled-out by day [email protected] and wild by causing disruption of behavioral (see below and Figure 1 of the IHA [email protected], and the patterns, including, but not limited to, application).

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25968 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

Assuming the total seals predicted to and construction activities. Very few species in the proposed action area can haul-out daily at the Children’s Pool are California sea lions and/or northern be found in Table 2 (below). exposed to sound levels that are elephant seals are ever observed at the NMFS will consider pinnipeds considered Level B harassment during Children’s Pool (i.e., one or two flushing into the water; moving more days where sound is predicted to exceed individuals). The City of San Diego than 1 m (3.3 ft), but not into the water; 90 dB at the demolition/construction requests the authority to incidentally becoming alert and moving, but do not site (106 days), there could be a take (i.e., exposures) 12,783 Pacific maximum of approximately 12,783 move more than 1 m; and changing harbor seals, 100 California sea lions, direction of current movement by incidental takes (i.e., exposures) of and 25 northern elephant seals of 600, approximately 600 individual Pacific individuals as behavioral criteria for 2, and 1 individual, respectively. More harbor seals over the duration of the take by Level B harassment. The City of information on the number of requested proposed activities. The estimated 600 San Diego will estimate the portion of individual Pacific harbor seals will be authorized takes, estimated number of pinnipeds present that are observed to taken by Level B harassment multiple individuals, and the approximate exhibit these behaviors as well as the times during the proposed demolition percentage of the stock for the three apparent source of the stimulus.

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES EN03MY13.017 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25969

TABLE 2—SUMMARY OF THE ANTICIPATED INCIDENTAL TAKE BY LEVEL B HARASSMENT OF PINNIPEDS FOR THE CITY OF SAN DIEGO’S PROPOSED DEMOLITION AND CONSTRUCTION ACTIVITIES GENERATING IN-AIR NOISE AT THE CHILDREN’S POOL LIFEGUARD STATION IN LA JOLLA, CALIFORNIA

Requested take Approximate authorization Estimated percentage of Species (number of number of estimated stock exposures) individuals taken (individuals)

Pacific harbor seal ...... 12,783 600 1.98 California sea lion ...... 100 2 <0.01 Northern elephant seal ...... 25 1 <0.01

Encouraging and Coordinating reproductive behaviors, and the shown the types of sound sources used Research potentially affected species would be during the proposed demolition and Each demolition/construction phase subjected to temporary only to construction activities have the and potential harassment activity will temporary and minor behavioral potential to displace marine mammals be evaluated as to observed sound levels impacts. The project scheduling avoids from breeding areas for a prolonged and any pinniped reaction by type of sensitive life stages for Pacific harbor period (e.g., Lusseau and Bejder, 2007; sound source. Flushing will be seals. Project activities producing in-air Weilgart, 2007), based on the best documented by sex and age class. These noise would commence in June. This is available information, this does not data will provide instructional for IHA after the end of the pupping season and seem to be the case for the Pacific permitting in future projects. Potential affords additional time to accommodate harbor seals at the Children’s Pool. Over mitigation will be discussed and lactation and weaning of season pups as many years, the Pacific harbor seals have repeatedly hauled-out to pup and suggested in the final report. well as considers periods of lowest haul-out occurrence. Table 2 of this overall the NMFS Stock Assessment Negligible Impact and Small Numbers document outlines the number of Reports (NMFS, 2011) for this stock Analysis Determination requested Level B harassment takes that have shown that the population is NMFS has defined ‘‘negligible are anticipated as a result of these increasing and is considered stable. impact’’ in 50 CFR 216.103 as ‘‘. . . an activities. Due to the nature, degree, and Additionally, the demolition and impact resulting from the specified context of Level B (behavioral) construction activities will be increasing activity that cannot be reasonably harassment anticipated and described sound levels in the environment in a expected to, and is not reasonably likely (see ‘‘Potential Effects on Marine relatively small area surrounding the to, adversely affect the species or stock Mammals’’ section above) in this notice, lifeguard station (compared to the range through effects on annual rates of this activity is not expected to impact of the animals), and some animals may recruitment or survival.’’ rates of annual recruitment or survival only be exposed to and harassed by In making a negligible impact for the affected species or stock (i.e., sound for less than a day. determination, NMFS evaluated factors Pacific harbor seals, California sea lions, Of the 3 marine mammal species such as: and northern elephant seals), under NMFS jurisdiction that may or (1) The number of anticipated particularly given the NMFS and the are known to likely occur in the action injuries, serious injuries, or mortalities; applicant’s proposal to implement area, none are listed as threatened or (2) The number, nature, and intensity, mitigation, monitoring, and reporting endangered under the ESA. No and duration of Level B harassment (all measures to minimize impacts to marine incidental take has been requested to be relatively limited); and mammals. authorized for ESA-listed species as (3) The context in which the takes For the other marine mammal species none are expected to be within the occur (i.e., impacts to areas of that may occur within the proposed proposed action area. There is generally significance, impacts to local action area, there are no known insufficient data to determine populations, and cumulative impacts designated or important feeding and/or population trends for the other depleted when taking into account successive/ reproductive areas. Many animals species in the study area. To protect contemporaneous actions when added perform vital functions, such as feeding, these animals (and other marine to baseline data); resting, traveling, and socializing, on a mammals in the action area), the City of (4) The status of stock or species of diel cycle (i.e., 24 hour cycle). San Diego must prohibit demolition and marine mammals (i.e., depleted, not Behavioral reactions to noise exposure construction activities during harbor depleted, decreasing, increasing, stable, (such as disruption of critical life seal pupping season; scheduling impact relative to the size of the functions, displacement, or avoidance of demolition and construction activities population); important habitat) are more likely to be with highest sound levels during the (5) Impacts on habitat affecting rates significant if they last more than one annual period of lowest haul-out of recruitment/survival; and diel cycle or recur on subsequent days occurrence and during the daily period (6) The effectiveness of monitoring (Southall et al., 2007). However, for of lowest haul-out occurrence; limiting and mitigation measures. many years Pacific harbor seals have activities to the hours of daylight; No injuries (Level A harassment), been hauling-out at Children’s Pool erecting a temporary visual and acoustic serious injuries, or mortalities are during the year (including during barrier; and using PSOs. No injury, anticipated to occur as a result of the pupping season and while females are serious injury, or mortality is expected City of San Diego’s proposed demolition pregnant) and have been exposed to to occur and due to the nature, degree, and construction activities, and none anthropogenic sound sources such as and context of the Level B harassment are proposed to be authorized by NMFS. vehicle traffic, human voices, etc. and anticipated, and the activity is not The proposed activities are not expected are frequently exposed to stimuli from expected to impact rates of recruitment to result in the alteration of human presence. While studies have or survival.

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES 25970 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices

As mentioned previously, NMFS implemented, that the impact of the the Marine Mammal Commission and estimates that 3 species of marine demolition and construction activities at its Committee of Scientific Advisors. mammals under its jurisdiction could be the Children’s Pool Lifeguard Station in Dated: April 29, 2013. potentially affected by Level B La Jolla, California, June to December, Perry Gayaldo, harassment over the course of the IHA. 2013, may result, at worst, in a It is estimated that 600 individual Acting Deputy Director, Office of Protected temporary modification in behavior Resources, National Marine Fisheries Service. Pacific harbor seals, 2 individual and/or low-level physiological effects [FR Doc. 2013–10529 Filed 5–2–13; 8:45 am] California sea lions, and 1 northern (Level B harassment) of small numbers elephant seal will be taken (multiple of certain species of marine mammals. BILLING CODE 3510–22–P times) by Level B harassment, which See Table 2 for the requested authorized would be approximately 1.98, less than take numbers of marine mammals. 0.01, and less than 0.01 of the respective COMMITTEE FOR PURCHASE FROM stocks. The population estimates for the Impact on Availability of Affected PEOPLE WHO ARE BLIND OR marine mammal species that may be Species or Stock for Taking for SEVERELY DISABLED taken by Level B harassment were Subsistence Uses provided in Table 2 of this document. Section 101(a)(5)(D) of the MMPA Procurement List; Proposed Additions NMFS’s practice has been to apply the also requires NMFS to determine that and Deletion 90 dB re 20 mPa and 100 dB re 20 mPa the authorization will not have an AGENCY: Committee for Purchase From received level threshold for in-air sound unmitigable adverse effect on the People Who Are Blind or Severely levels to determine whether take by availability of marine mammal species Disabled. Level B harassment occurs. Southall et or stocks for subsistence use. There are ACTION: Proposed Additions to and al. (2007) provide a severity scale for no relevant subsistence uses of marine Deletion From Procurement List. ranking observed behavioral responses mammals in the study area (off of of both free-ranging marine mammals southern California in the northeast SUMMARY: The Committee is proposing and laboratory subjects to various types Pacific Ocean) that implicate MMPA to add services to the Procurement List of anthropogenic sound (see Table 4 in section 101(a)(5)(D). that will be furnished by nonprofit Southall et al. [2007]). NMFS has not agencies employing persons who are Endangered Species Act established a threshold for Level A blind or have other severe disabilities harassment (injury) for marine NMFS (Permits and Conservation and to delete a product previously mammals exposed to in-air noise, Division) has determined that a section furnished by such agency. however, Southall et al. (2007) 7 consultation for the issuance of an DATES: Comments Must Be Received On recommends 149 dB re 20 mPa (peak IHA under section 101(a)(5)(D) of the or Before: 6/3/2013. flat) as the potential threshold for injury MMPA for this activity is not necessary ADDRESSES: Committee for Purchase from in-air noise for all pinnipeds. No for any ESA-listed marine mammal From People Who Are Blind or Severely in-air sounds from demolition and species under its jurisdiction as the Disabled, 1401 S. Clark Street, Suite construction activities will exceed 110 proposed action will not affect ESA- 10800, Arlington, Virginia 22202–4149. dB at the source. listed species. For Further Information or To Submit While behavioral modifications, Comments Contact: Patricia Briscoe, including temporarily vacating the area National Environmental Policy Act Telephone: (703) 603–7740, Fax: (703) during the demolition and construction NMFS will conduct a NEPA analysis 603–0655, or email activities, may be made by these species to evaluate the effects of authorizing the [email protected]. to avoid the resultant acoustic proposed take of marine mammals prior disturbance, the availability of alternate to making a final determination on the SUPPLEMENTARY INFORMATION: This areas within these areas for species and issuance of the IHA. This notice, and notice is published pursuant to 41 the short and sporadic duration of the referenced documents, including the U.S.C. 8503(a)(2) and 41 CFR 51–2.3. Its activities, have led NMFS to IHA application provide the purpose is to provide interested persons preliminarily determine that the taking environmental issues and information an opportunity to submit comments on by Level B harassment from the relevant to the demolition and the proposed actions. specified activity will have a negligible construction activities as well as those Additions impact on the affected species in the specific to NMFS’s issuance of the IHA. specified geographic region. NMFS If the Committee approves the believes that the time period of the Proposed Authorization proposed additions, the entities of the demolition and construction activities, NMFS proposes to issue an IHA to the Federal Government identified in this the requirement to implement City of San Diego, provided the notice will be required to procure the mitigation measures (e.g., prohibiting previously mentioned mitigation, services listed below from nonprofit demolition and construction activities monitoring, and reporting requirements agencies employing persons who are during pupping season, scheduling are incorporated. The duration of the blind or have other severe disabilities. operations to periods of the lowest haul- IHA would not exceed one year from the The following services are proposed out occurrence, and visual and acoustic date of its issuance. for addition to Procurement List for barriers), and the inclusion of the production by the nonprofit agencies Information Solicited monitoring and reporting measures, will listed: reduce the amount and severity of the NMFS requests interested persons to Services potential impacts from the activity to submit comments and information concerning this proposed project and Service Type/Location: Custodial and Ground the degree that will have a negligible Maintenance Services, El Paso Service impact on the species or stocks in the NMFS’s preliminary determination of Processing Center, 8915 Montana action area. issuing an IHA (see ADDRESSES). Avenue, El Paso, TX NMFS has preliminarily determined, Concurrent with the publication of this NPA: Mavagi Enterprises, Inc., San Antonio, provided that the aforementioned notice in the Federal Register, NMFS is TX mitigation and monitoring measures are forwarding copies of this application to Contracting Activity: U.S. IMMIGRATION

VerDate Mar<15>2010 14:52 May 02, 2013 Jkt 229001 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\03MYN1.SGM 03MYN1 erowe on DSK2VPTVN1PROD with NOTICES