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124 Federal Register / Vol. 72, No.

1 / Wednesday, January 3, 2007 / Notices

On November 7, 2006 (71 FR 65086), Scoping Meetings Code of Conduct this request, NMFS is proposing to issue
NMFS published a NOI that The public is reminded that NMFS a 1–year incidental take authorization
summarized the recent stock expects participants at the scoping (IHA) to take marine mammals by Level
assessments conducted for large coastal, meetings to conduct themselves B harassment incidental to this activity.
blacktip, sandbar, porbeagle, and dusky appropriately. At the beginning of each Pursuant to the Marine Mammal
sharks. The NOI also described NMFS’ meeting, a representative of NMFS will Protection Act (MMPA), NMFS is
determination as to the status of these explain the ground rules (e.g., alcohol is requesting comments on ACOE’s
stocks based on the assessments. As a prohibited from the hearing room; application and NMFS’ proposal to
result of these assessments, NMFS issue an authorization to ACOE to
attendees will be called to give their
needs to amend current shark incidentally take, by harassment, small
comments in the order in which they
management measures via an FMP numbers of these species of marine
registered to speak; each attendee will
amendment and anticipates completing mammals for a period of 1 year.
have an equal amount of time to speak;
this amendment and any related and attendees should not interrupt one DATES: Comments and information must
documents by January 1, 2008. The another). The NMFS representative will be received no later than February 2,
comment period on the NOI and the attempt to structure the meeting so that 2007.
issues and options presentation ends on all attending members of the public will ADDRESSES: Comments on the
February 5, 2007. be able to comment, if they so choose, application should be addressed to P.
Request for Comments regardless of the controversial nature of Michael Payne, Chief, Permits,
the subject(s). Attendees are expected to Conservation and Education Division,
Seven scoping meetings will be held respect the ground rules, and, if they do Office of Protected Resources, National
in January 2007 to provide the public an not, they will be asked to leave the Marine Fisheries Service, 1315 East-
opportunity to comment on potential meeting. West Highway, Silver Spring, MD
shark management measures to be 20910–3225, or by telephoning the
included in the upcoming amendment Special Accommodations contact listed here. The mailbox address
to the Consolidated HMS FMP. These The meetings are physically for providing e-mail comments is
public scoping meetings will be held accessible to people with disabilities. PR1.121306A@noaa.gov. Comments
simultaneously with public hearings for Requests for sign language sent via e-mail, including all
a proposed rule to gather comments on interpretation or other auxiliary aids attachments, must not exceed a 10–
management measures to fully utilize should be directed to Michael Clark (see megabyte file size. A copy of the
the North Atlantic swordfish quota. The FOR FURTHER INFORMATION CONTACT) at application and an Environmental
time allotted to swordfish and shark least 7 days prior to the meeting. Assessment (EA) prepared by ACOE
management measures will be may be viewed at http://
Dated: December 26, 2006.
distributed accordingly to provide www.nmfs.noaa.gov/pr/permits/
ample opportunity for the public to Karyl K. Brewster-Geisz,
incidental.htm, or by writing to this
comment on both topics. Time may be Acting Director, Office of Sustainable address or by telephoning one of the
split equally or additional time may be Fisheries, National Marine Fisheries Service.
contacts listed here. Other supporting
allotted to either shark or swordfish [FR Doc. E6–22513 Filed 12–29–06; 8:45 am] documents related to this proposed
measures, as necessary, depending on BILLING CODE 3510–22–S project can be viewed at ACOE’s Web
the attendees’ primary interests. page at https://
www.nwp.usace.army.mil/issues/jetty/
Meeting Dates, Times, and Locations DEPARTMENT OF COMMERCE cms/documents.asp.
The public scoping meetings for this National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT:
action will be conducted as follows: Administration Shane Guan, NMFS, (301)713–2289, ext
1. Wednesday, January 17, 2007, 6–9 137, or Bridgette Lohrman, NMFS
p.m. Northeast Regional Office, One [I.D. 121306A] Oregon State Habitat Office, (503)230–
Blackburn Drive, Gloucester, MA 01930. 5422.
Taking of Marine Mammals Incidental
2. Thursday, January 18, 2007, 6–9 to Specified Activities; Repair of the SUPPLEMENTARY INFORMATION:
p.m. City of Madeira Beach, 300 South Jetty at the Mouth of the Background
Municipal Drive, Madeira Beach, Columbia River, Clatsop County,
Florida 33708. Oregon Sections 101(a)(5)(A) and 101(a)(5)(D)
3. Thursday, January 18, 2007, 6–9 of the MMPA (16 U.S.C. 1361 et seq.)
p.m. Manahawkin Public Library, 129 AGENCY: National Marine Fisheries direct the Secretary of Commerce to
North Main Street, Manahawkin, NJ Service (NMFS), National Oceanic and allow, upon request, the incidental, but
08050. Atmospheric Administration (NOAA), not intentional, taking of small numbers
Commerce. of marine mammals by U.S. citizens
4. Tuesday, January 23, 2007, 6–9
ACTION: Notice; Proposed authorization who engage in a specified activity (other
p.m. Destin Community Center, 101
for a small take authorization; request than commercial fishing) within a
Stahlman Avenue, Destin, FL 32541.
for comments. specified geographical region if certain
5. Thursday, January 25, 2007, 6–9 findings are made and either regulations
p.m. Bayou Black Recreational Center, SUMMARY: NMFS has received a request are issued or, if the taking is limited to
3688 Southdown Mandalay Road, from the U.S. Army Corps of Engineers harassment, notice of a proposed
Houma, LA 70360. (ACOE), Portland District for an authorization is provided to the public
6. Tuesday, January 30, 2007, 6–9 authorization to take small numbers of for review.
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p.m. Fort Pierce Library, 101 Melody Steller sea lions, California sea lions, An authorization shall be granted if
Lane, Fort Pierce, FL 34950. and Pacific harbor seals, incidental to NMFS finds that the taking will have a
7. Wednesday, January 31, 2007, 6–9 repair work on the South Jetty at the negligible impact on the species or
p.m. Manteo Town Hall, 407 Budleigh Mouth of the Columbia River (MCR) in stock(s) and will not have an
Street, Manteo, NC 27954. Clatsop County, Oregon. As a result of unmitigable adverse impact on the

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 125

availability of the species or stock(s) for Interim repairs in 2007 at the MCR not ESA-listed, nor are they depleted.
subsistence uses, and if the permissible South Jetty consist of placing General information of these species can
methods of taking and requirements approximately 70,000 tons of stone on be found in Caretta et al. (2006) and
pertaining to the mitigation, monitoring the north and south slopes of the jetty. Angliss and Outlaw (2005), which is
and reporting of such taking are set The jetty repair work extends from available at the following URL: http://
forth. NMFS has defined ‘‘negligible Station (Sta) 258 to Sta 290 (3,200 linear www.nmfs.noaa.gov/pr/pdfs/sars/
impact’’ in 50 CFR 216.103 as ’’...an ft, or 975 linear m) (each station po2005.pdf and http://
impact resulting from the specified represent 100 linear ft, or 30.5 linear m; www.nmfs.noaa.gov/pr/pdfs/sars/
activity that cannot be reasonably Sta 0 being at the farthest landward ak2005.pdf, respectively. Refer to those
expected to, and is not reasonably likely point of the jetty). The stone size ranges documents for information on these
to, adversely affect the species or stock from 10 - 40 tons with an average size species. Additional information on
through effects on annual rates of of 16 tons. A haul road is required along these species is presented below.
recruitment or survival.’’ the top of the jetty for travel of heavy
Section 101(a)(5)(D) of the MMPA Steller sea lion
equipment to the areas of repair.
established an expedited process by The contractor will rebuild the The eastern stock of Steller sea lions
which citizens of the United States can existing haul road from Sta 183 to Sta breeds on rookeries located in southeast
apply for an authorization to 245 (6,200 linear ft, or 1,890 linear m) Alaska, British Columbia, Oregon, and
incidentally take small numbers of in the reach of the jetty that is being California; there are no rookeries located
marine mammals by harassment. Except repaired in 2006. In addition, a new in Washington (Angliss and Outlaw,
with respect to certain activities not haul road segment will be constructed 2005). While Steller sea lions breed in
pertinent here, the MMPA defines from Sta 245 to Sta 258 (1,300 linear ft, Oregon, they use the MCR South Jetty
‘‘harassment’’ as: or 396 linear m) to access the reach of solely as a haul out area, not a rookery.
any act of pursuit, torment, or annoyance the 2007 jetty repairs, bringing the total In the vicinity of the proposed project
which (i) has the potential to injure a marine haul road length shoreward of actual area, Steller sea lions are present all
mammal or marine mammal stock in the wild jetty rehabilitation to about 7,500 ft year round, but are more numerous in
[Level A harassment]; or (ii) has the potential the winter. The breeding season of
to disturb a marine mammal or marine
(2,286 m). Haul road materials may
mammal stock in the wild by causing consist of approximately 50,000 tons of Steller sea lions occur from late May to
disruption of behavioral patterns, including, small rock material. New haul road early July, therefore, abundance is
but not limited to, migration, breathing, construction to Sta 258 is anticipated to typically lowest during this period as
nursing, breeding, feeding, or sheltering begin in April 2007 for duration of many of the adults are at the breeding
[Level B harassment]. about 4 to 6 weeks. Haul road rookeries (Hodder, 2005). Only non-
Section 101(a)(5)(D) establishes a 45– construction and concurrent jetty breeding individuals are found on the
day time limit for NMFS review of an interim repairs from Sta 258 to the work jetty during this time, and a greater
application followed by a 30–day public terminus at Sta 290 (3,200 linear ft, or percentage of juveniles are present.
notice and comment period on any 975 linear m) will occur from May Abundance increases following the
proposed authorizations for the through October 2007. breeding season. Minimum population
incidental harassment of small numbers A lattice boom crane and an excavator estimate for the eastern U.S. stock of
of marine mammals. Within 45 days of will be used to place stone. Stone Steller sea lion is 43,728 (Angliss and
the close of the comment period, NMFS placement will occur from the top of the Outlaw, 2005). Average numbers of
must either issue or deny issuance of jetty. The crane and excavator will use Steller sea lion recorded on the MCR
the authorization. environmentally-friendly hydraulic South Jetty area from 1995 - 2004 vary
Summary of Request fluids. Four off-road dump trucks will from 168 in October to 1,106 in
be used to haul the rock to the work area December (Hodder, 2005).
On October 23, 2006, NMFS received on the south jetty. The excavator will be
a request from ACOE Portland District used to construct the initial haul road to California sea lion
for an IHA to take small numbers of access the repair areas with a dozer used The U.S. stock of California sea lion
Steller sea lions (Eumetopias jubatus), to build the haul road over the occurs from northern Washington to
California sea lions (Zalophus completed repair areas. The crane, southern California. Major rookeries are
californianus), and Pacific harbor seals excavator and dozer will be stored on found in waters of southern California
(Phoca vitulina richardsi), by Level B the jetty when not in use. Fueling and and Baja California, Mexico. Only male
harassment, incidental to conducting maintenance will be accomplished California occur at the MCR South Jetty,
repair work on the MCR South Jetty in using the Wiggins closed fueling system. as post-breeding dispersers from the
Clatsop County, Oregon. The propose of The proposed project is planned to south (Hodder, 2005). Like Steller sea
the proposed work is to ensure the occur from April through October, 2007. lions, California sea lions also present in
continuing function of the South Jetty The contractor will work 7 days per the vicinity of the proposed project area
by repairing critical trunk portions of week, sunrise to sunset depending on year round, and are also more numerous
the jetty. The premise of the jetty repair weather and wave conditions. in winter. The total population size of
is to repair the most vulnerable areas of the U.S. stock of California sea lions is
the South Jetty, where the consequences Description of the Marine Mammals
estimated from 244,000 to 237,000
of jetty failure is high and would rapidly Potentially Affected by the Activity
(Carretta et al., 2006). Average numbers
and significantly degrade navigation The marine mammals most likely to of California sea lions recorded on the
through the MCR. The intent of the be found in MCR area are the Eastern MCR South Jetty area from 1995 - 2004
proposed project is three-fold: (1) U.S. stock of Steller sea lions, California vary from 18 in January to 725 in
Improve the stability of the foundation sea lions, and Pacific harbor seals. The December (Hodder, 2005).
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(toe) of the jetty as affected by scour. (2) Steller sea lion eastern stock is listed as
Improve the side slope (above and threatened under the Endangered Pacific harbor seal
below water) stability. (3) Improve the Species Act (ESA) and is designated as The Oregon/Washington coastal stock
dynamic stability of the jetty as affected ‘‘depleted’’ under MMPA. The of Pacific harbor seal occurs from
by wave forces impinging on the jetty. California sea lions and harbor seals are northern Washington to southern

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126 Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices

Oregon and are generally non-migratory. Steller sea lions. It is assumed that all week’s numbers of sea lions and seals
Harbor seals breed and pup throughout California sea lions and harbor seals that may have been disturbed as a result
their range, including the vicinity of the hauled out in the vicinity of the of the jetty repair construction activities.
Columbia River. They use the Columbia proposed project would be taken by These reports will provide dates, time,
River extensively throughout the year Level B harassment. Based on the tidal height, maximum number of sea
but are rarely noted on the MCR South average number of pinnipeds recorded lions and seals on the jetty and any
Jetty. An average of 1 - 2 harbor seals on the MCR South Jetty between 1995 observed disturbances. The ACOE also
were recorded on MCR South Jetty from and 2004 (Hodder, 2005), it is estimated will provide a description of
April to June between 1995 and 2004. that a total of 336 California sea lions construction activities at the time of
No harbor seal have been sighted during and 4 Pacific harbor seals would be observation. The ACOE will submit a
the rest of the months (Hodder, 2005). taken by Level B harassment as a result report to NMFS within 90 days of
of the proposed jetty repair work. completion of the 2007 phase of the
Potential Effects on Marine Mammals Repairing the South Jetty by adding project.
and Their Habitat more rocks will not reduce the
ACOE and NMFS have determined availability or accessibility of habitat for National Environmental Policy Act
that the proposed repair work at MCR Steller and California sea lions and (NEPA)
South Jetty has the potential to result in harbor seals, as rock replacement would In January, 2005, ACOE prepared the
behavioral harassment of those Steller occur at the existing jetty footprint. Final Environmental Assessment Repair
sea lions, California sea lions, and Seals and sea lions use the existing tip of North and South Jetties Mouth of the
Pacific harbor seals that may be present of the jetty that is built of concrete Columbia River, Clatsop County, Oregon
in the project vicinity. blocks, and are easily able to climb up and Pacific County, Washington (EA)
The potential takes of these three several vertical feet from one block to and issued a Finding of No Significant
marine mammal species will be from the next. The MCR South Jetty is not Impact on January 24, 2005. NMFS is
noise generated by operation of designated as critical habitat for the reviewing this EA and will either adopt
construction equipment and related Steller sea lion under the ESA. it or prepare its own NEPA document
activities, and from the presence of There is no subsistence harvest of before making a determination on the
trucks, excavators, construction marine mammals in the proposed issuance of an IHA. A copy of ACOE’s
machinery, and personnel in the project area, therefore, there will be no EA for this activity is available upon
proximity to the animals. impact of the activity on the availability written request (see ADDRESSES) or at
The anticipated impact upon the sea of the species or stocks of marine http://www.nmfs.noaa.gov/pr/permits/
lions and harbor seals include mammals for subsistence uses. incidental.htm.
temporary disturbance and
displacement of animals to other parts Mitigation and Monitoring ESA
of the jetty or other nearby haul-outs As a mitigation measure to reduce The NMFS Northwest Regional Office
until work is discontinued. Other haul- potential Level B harassment to marine (NWRO) prepared a Biological Opinion
outs are available for harbor seals mammals as a result of the proposed (BO) upon conducting a section 7
throughout the Columbia River estuary, project, NMFS proposes that during consultation with the ACOE in July
and for sea lions on other parts of the land-based rock placement at South 2004. In the BO, NMFS concluded that
south jetty, the North Jetty, or rocky Jetty, the contractor vehicles and the proposed action is not likely to
headlands in northern Oregon or personnel should avoid direct approach jeopardize the continued existence of
southern Washington states. towards pinnipeds that are hauled out thirteen species of ESA-listed salmonid
Observations in the past have shown as much as possible. If it is absolutely fishes, Snake River (SR) fall-run
that animals that are disturbed into the necessary for the contractor to make Chinook salmon, SR spring/summer-run
water did not leave the vicinity, instead, movements towards pinnipeds, the Chinook salmon, SR sockeye salmon, SR
they would move to other parts of the contractor will approach in a slow and steelhead, Lower Columbia River (LCR)
jetty. steady manner to reduce the behavioral Chinook salmon, Upper Columbia River
It has been observed that Steller sea harassment to the animals as much as (UCR) spring-run Chinook salmon,
lions moved into water when possible. Upper Willamette River (UMR) Chinook
approached by a boat within 300 ft (91 ACOE would monitor marine salmon, Columbia River chum salmon,
m) or less, however, in other occasions mammals before, during, and after the Middle Columbia River steelhead, LCR
there was no change in Steller sea lion proposed South Jetty repair project in steelhead, UWR steelhead, UCR
behavior when approached within the the MCR area. Steller and California sea steelhead, and LCR coho salmon, or
same distance or less. It is also noted lions and harbor seal in the MCR area destroy or adversely modify designated
that majority of Steller sea lions use the would be monitored for 1 week before, critical habitat.
far end of the jetty, which is broken off during, and 4 and 8 weeks after the On April 2, 2004, NMFS NWRO
from the main stretch of the jetty and proposed construction work. Pinniped issued a ‘‘may affect, but not likely to
formed an island. It is estimated that species, numbers, behavior, any adversely affect’’ determination for the
maximum of 10 percent Steller sea lions observed disturbances during the jetty effects to marine mammals and sea
at South Jetty will occur within range of repair construction, and recolonization turtles listed under the ESA from the
disturbance, and none would occur by pinnipeds of the project area after the rehabilitation of the north and south
within the range of disturbance during construction activities would be noted. jetties at the MCR area to the ACOE. On
the first month. Therefore, the total October 18, 2005, ACOE contacted
number of Steller sea lion that Reporting NMFS to discuss new information
potentially could be taken, calculated The ACOE will report the number of regarding Steller sea lions hauling out
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from the recorded data of Steller sea sea lions and seals present on the South on the South Jetty closer to the work site
lion at South Jetty from 1995 – 2004, Jetty for 1 week before starting work. than previously observed. The ACOE
would be 204 animals. During construction, the ACOE will requested NMFS’ concurrence with a
California sea lions are known to use provide weekly reports to NMFS which determination of may affect, but not
areas of the jetty more shoreward than will include a summary of the previous likely to adversely affect Steller sea

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Federal Register / Vol. 72, No. 1 / Wednesday, January 3, 2007 / Notices 127

lions with regard to this new Information Solicited SUMMARY: This notice provides
information. After conversations with NMFS requests interested persons to information on the surplus property at
NMFS concerning this determination, submit comments, information, and Naval Air Station (NAS), Brunswick,
the ACOE initiated formal consultation suggestions concerning this request (see ME—Topsham Annex.
for the Steller sea lion on November 30, ADDRESSES). FOR FURTHER INFORMATION CONTACT: Ms.
2005, for carrying out the rehabilitation Kimberly Kesler, Director, Base
Dated: December 27, 2006.
of the South Jetty at the MCR. On Realignment and Closure Program
September 27, 2006, NMFS NWRO P. Michael Payne,
Management Office, 1455 Frazee Road,
issued a BO based on the reinitiation of Acting Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
San Diego, CA 92108–4310, telephone
an ESA section 7 consultation on Steller 619–532–0993, or Mr. David Drozd,
sea lions. In this BO, NMFS concluded [FR Doc. E6–22483 Filed 12–29–06; 8:45 am]
Director, Base Realignment and Closure
that the proposed action is not likely to BILLING CODE 3510–22–S
Program Management Office, Northeast,
jeopardize the continued existence of 4911 South Broad Street, Philadelphia,
the Eastern U.S. stock of Steller sea lion. PA 19112–1303, telephone 215–897–
The BO also concurred that no Steller DEPARTMENT OF DEFENSE 4909.
sea lion critical habitat exists within the
proposed action area. Office of the Secretary SUPPLEMENTARY INFORMATION: In 2005,
NAS, Brunswick, ME, was designated
Preliminary Determinations Renewal of Department of Defense for closure under the authority of the
Federal Advisory Committees Defense Base Closure and Realignment
For the reasons discussed in this Act of 1990, Public Law 101–510, as
document and in previously identified AGENCY: DoD.
amended (the Act). Pursuant to this
supporting documents, NMFS has ACTION: Notice.
designation, on January 23, 2006, land
preliminarily determined that the SUMMARY: Under the provisions of the and facilities at this installation were
impact of jetty repair construction at the Federal Advisory Committee Act of declared excess to the Department of
MCR South Jetty should result, at worst, 1972, as amended (5 U.S.C. Appendix), Navy (DON) and available to other
in the Level B harassment of small the Department of Defense gives notice Department of Defense components and
numbers of Steller sea lions, California that the Threat Reduction Advisory other federal agencies. The DON has
sea lions, and Pacific harbor seals that Committee, intends to modify the evaluated all timely Federal requests
haul-out in the vicinity of the proposed existing charter to include the use of and has made a decision on property
project area. While behavioral subcommittees. This committee and its required by the Federal Government.
modifications, including temporarily subcommittees provide necessary and Notice of Surplus Property. Pursuant
vacating the area around the valuable independent advice to the to paragraph (7)(B) of Section 2905(b) of
construction site, may be made by these Secretary of Defense and other senior the Act, as amended by the Base Closure
species to avoid the resultant visual and Defense officials in their respective Community Redevelopment and
acoustic disturbance, the availability of areas of expertise. Homeless Assistance Act of 1994, the
alternate areas within MCR and haul-out It is a continuing DoD policy to make following information regarding the
sites has led NMFS to preliminarily every effort to achieve a balanced redevelopment authority for surplus
determine that this action will have a membership on all DoD advisory property at NAS, Brunswick, ME—
negligible impact on Steller sea lion, committees. Each committee is Topsham Annex is published in the
California sea lion, and Pacific harbor evaluated in terms of the functional Federal Register.
seal populations in the area. disciplines, levels of experience, Redevelopment Authority. The local
In addition, no take by Level A professional diversity, public and redevelopment authority for NAS,
harassment (injury) or death is private association, and similar Brunswick, ME—Topsham Annex is the
anticipated and harassment takes characteristics required to ensure a high Topsham Local Redevelopment
should be at the lowest level practicable degree of balance is obtained. Authority. The point of contact is Mr.
due to incorporation of the mitigation FOR FURTHER INFORMATION CONTACT: Gary Brown, Town Manager, Town of
measures mentioned previously in this Frank Wilson, DoD Committee Topsham, 22 Elm Street, Topsham, ME
document. Management Officer, 703–601–2554. 04086, telephone 207–725–5821.
Proposed Authorization Dated: December 22, 2006. Surplus Property Description. The
L.M. Bynum, following is a list of the land and
NMFS proposes to issue an IHA to Alternate OSD Federal Register, Liaison facilities at NAS, Brunswick—Topsham
ACOE for the potential harassment of Officer, Department of Defense. Annex that are surplus to the needs of
small numbers of Steller sea lions, [FR Doc. 06–9945 Filed 12–29–06; 8:45 am] the Federal Government.
California sea lions, and harbor seals BILLING CODE 5001–06–M
a. Land. NAS, Brunswick, ME—
incidental to repair construction of at Topsham Annex consists of
the MCR South Jetty in Clatsop County, approximately 74 acres of improved and
Oregon, provided the previously DEPARTMENT OF DEFENSE unimproved fee simple land located
mentioned mitigation, monitoring, and within Sagadahoc County and the City
reporting requirements are incorporated. Department of the Navy of Topsham; however, approximately 44
NMFS has preliminarily determined acres of this land is improved with 177
that the proposed activity would result Information on Surplus Land at a units of housing formerly known as
in the harassment of only small Military Installation Designated for ‘‘Capehart Housing’’ and a maintenance
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numbers of Steller sea lions, California Disposal: Naval Air Station, Brunswick, building, which are currently outleased
sea lions, and harbor seals, and will ME—Topsham Annex to Northeast Housing LLC. Lease expires
have no more than a negligible impact AGENCY: Department of the Navy, DoD. October 31, 2054. In general, the area
on these marine mammal species and/ will be available when the installation
ACTION: Notice.
or stocks. closes in September 2011.

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