Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Pacific Walruses in Alaska and Associated Federal Waters, 40902-40915 [2016-14847]

Agencies

• Fish and Wildlife Service
• DEPARTMENT OF THE INTERIOR

[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40902-40915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14847]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-ES-2016-N092; FF07CAMM00-FX-FXFR133707REG04]


Marine Mammals; Incidental Take During Specified Activities; 
Proposed Incidental Harassment Authorization for Pacific Walruses in 
Alaska and Associated Federal Waters

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application and proposed incidental 
harassment authorization; availability of draft environmental 
assessment; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in response 
to a request under the Marine Mammal Protection Act of 1972 (MMPA), as 
amended, from Quintillion Subsea Operation, LLC, propose to authorize 
the incidental taking by harassment of small numbers of Pacific 
walruses from July 15-November 15, 2016. The area specified for 
inclusion in the proposed authorization includes Federal waters of the 
northern Bering, Chukchi, and Southern Beaufort Seas, the marine waters 
of the State of Alaska, and coastal land adjacent to Nome, Kotzebue, 
Point Hope, Wainwright, Barrow, and Oliktok Point, as shown in Figure 
1. The applicant has requested this authorization for its planned 
cable-laying activities. We anticipate no take by injury or death and 
include none in this proposed authorization, which if finalized, will 
be for take by harassment only.

DATES: We will consider comments we receive on or before July 25, 2016.

ADDRESSES: 
    Document availability: The incidental harassment authorization 
request, associated draft environmental assessment, and literature 
cited, are available for viewing at https://www.fws.gov/alaska/fisheries/mmm/iha.htm.
    Comments submission: You may submit comments on the proposed 
incidental harassment authorization and associated draft environmental 
assessment by one of the following methods:
     U.S. mail or hand-delivery: Public Comments Processing, 
Attn: Kimberly Klein, U.S. Fish and Wildlife Service, MS 341, 1011 East 
Tudor Road, Anchorage, AK 99503;
     Fax: 907-786-3816, Attn: Kimberly Klein; or
     Email comments to: FW7_AK_Marine_Mammals@fws.gov.
    Please indicate whether your comments apply to the proposed 
incidental harassment authorization or the draft environmental 
assessment. We will post all hardcopy comments on https://www.fws.gov/alaska/fisheries/mmm/iha.htm. See Request for Public Comments below for 
more information.

FOR FURTHER INFORMATION CONTACT: Copies of the application, the list of 
references used in the notice, and other supporting materials may be 
downloaded from the Web at: https://www.fws.gov/alaska/fisheries/mmm/iha.htm. You may also contact Kimberly Klein, by mail at Marine Mammals 
Management, U.S. Fish and Wildlife Service, MS 341, 1011 East Tudor 
Road, Anchorage, AK 99503; by email at kimberly_klein@fws.gov; or by 
telephone at 1-800-362-5148, to request documents.

SUPPLEMENTARY INFORMATION: In response to a request from Quintillion 
Subsea Operation, LLC (Quintillion or ``the applicant''), we propose to 
authorize the incidental taking by harassment of small numbers of 
Pacific walruses from July 15-November 15, 2016, under section 
101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (MMPA), as 
amended. Quintillion has requested this authorization for its planned 
cable-laying activities in Federal waters of the northern Bering, 
Chukchi, and southwestern Beaufort Seas, the marine waters of the State 
of Alaska, and coastal land adjacent to Nome, Kotzebue, Point Hope, 
Wainwright, Barrow, and Oliktok Point, as specified in Figure 1. We 
anticipate no take by injury or death and include none in this proposed 
authorization, which, if finalized, would be for take by harassment 
only.

[[Page 40903]]

Executive Summary

Why We Need To Publish a Draft Incidental Harassment Authorization 
(IHA)

    Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Service to allow, upon request, and for periods of not more than 1 
year, the incidental, but not intentional take of small numbers of 
marine mammals by U.S. citizens who engage in a specified activity 
(other than commercial fishing) within a specified geographical area if 
certain findings are made regarding the effects of the take. The 
Service was petitioned by Quintillion on October 29, 2015, to provide 
authorization for the incidental take by harassment of Pacific walruses 
(Odobenus rosmarus divergens) and polar bears (Ursus maritimus) for a 
cable-laying project, which is intended to improve broadband internet 
service in northern Alaska. After receiving comments on the initial 
application, Quintillion made revisions and submitted an updated IHA 
application on February 3, 2016. Quintillion subsequently withdrew its 
application for incidental take of polar bears on April 25, 2016, 
citing several factors, including changes to the project that reduce 
the already-low probability of encounters with polar bears. This 
document announces and explains the Service's proposed authorization of 
incidental take of small numbers of Pacific walruses from Quintillion's 
cable-laying project in the State of Alaska and associated Federal 
waters from July 15-November 15, 2016.

The Effect of This Authorization

    The MMPA allows the Service to authorize, upon request, the 
incidental take of small numbers of marine mammals as part of a 
specified activity within a specified geographic region. In this case, 
the Service may authorize the incidental, but not intentional, take by 
harassment of small numbers of Pacific walruses by Quintillion during 
the specified cable-laying project activities if we find that such 
harassment during each period will:
     Have no more than a ``negligible impact'' on the species 
or stock of Pacific walrus; and
     Not have an ``unmitigable adverse impact'' on the 
availability of the species or stock for taking for subsistence uses.
    The Service may stipulate the permissible methods of taking and 
require mitigation, monitoring, and reporting of such takings, which 
are meant to reduce or minimize negative impacts to the Pacific walrus.

Request for Public Comments

    We intend that any final action resulting from this proposal will 
be as accurate and as effective as possible. Therefore, we request 
comments or suggestions on this proposed authorization. We particularly 
seek comments concerning:
     Whether the proposed authorization, including the proposed 
activities, will have a negligible impact on the species or stock of 
Pacific walrus.
     Whether the proposed authorization will ensure that an 
unmitigable adverse impact on the availability of Pacific walruses for 
subsistence taking does not occur.
     Whether there are any additional provisions we may wish to 
consider for ensuring the conservation of the Pacific walrus.
    You may submit your comments and materials concerning this proposed 
authorization by one of the methods listed in ADDRESSES.
    If you submit a comment via FW7_AK_Marine_Mammals@fws.gov, your 
entire comment--including any personal identifying information--may be 
available to the public. If you submit a hardcopy comment that includes 
personal identifying information, you may request at the top of your 
document that we withhold this information from public review. However, 
we cannot guarantee that we will be able to do so. We will post all 
hardcopy comments on https://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Background

    Section 101(a)(5)(D) of the MMPA, as amended (16 U.S.C. 
1371(a)(5)(D)), authorizes the Secretary of the Interior (the 
Secretary) to allow, upon request of a citizen and subject to such 
conditions as the Secretary may specify, the incidental but not 
intentional taking by harassment of small numbers of marine mammals of 
a species or population stock by such citizens who are engaging in a 
specified activity within a specified region. Incidental taking may be 
authorized only if the Secretary finds that such take during each 
period concerned will have a negligible impact on such species or 
stock, and will not have an unmitigable adverse impact on the 
availability of such species or stock for subsistence use.
    Section 101(a)(5)(D) of the MMPA establishes a process by which 
citizens of the United States can apply for an authorization for 
incidental take of small numbers of marine mammals where the take will 
be limited to harassment during a period of not more than 1 year. We 
refer to these incidental harassment authorizations as ``IHAs.''
    The term ``take,'' as defined by the MMPA, means to harass, hunt, 
capture, or kill, or to attempt to harass, hunt, capture, or kill any 
marine mammal. Harassment, as defined by the MMPA, means any act of 
pursuit, torment, or annoyance which: (i) Has the potential to injure a 
marine mammal or marine mammal stock in the wild (the MMPA calls this 
``Level A harassment''), or (ii) has the potential to disturb a marine 
mammal or marine mammal stock in the wild by causing disruption of 
behavioral patterns, including, but not limited to, migration, 
breathing, nursing, breeding, feeding, or sheltering (the MMPA calls 
this ``Level B harassment'').
    The terms ``small numbers,'' ``negligible impact,'' and 
``unmitigable adverse impact'' are defined in 50 CFR 18.27, the 
Service's regulations governing take of small numbers of marine mammals 
incidental to specified activities. ``Small numbers'' is defined as a 
portion of a marine mammal species or stock whose taking would have a 
negligible impact on that species or stock. However, we do not rely on 
that definition here, as it conflates the terms ``small numbers'' and 
``negligible impact,'' which we recognize as two separate and distinct 
requirements. Instead, in our small numbers determination, we evaluate 
whether the number of marine mammals likely to be taken is small 
relative to the size of the overall population. ``Negligible impact'' 
is defined as an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival. ``Unmitigable adverse impact'' is defined 
as an impact resulting from the specified activity (1) that is likely 
to reduce the availability of the species to a level insufficient for a 
harvest to meet subsistence needs by (i) causing the marine mammals to 
abandon or avoid hunting areas, (ii) directly displacing subsistence 
users, or (iii) placing physical barriers between the marine mammals 
and the subsistence hunters; and (2) that cannot be sufficiently 
mitigated by other measures to increase the availability of marine 
mammals to allow subsistence needs to be met.
    In order to issue an IHA, the Service must set forth the following: 
(1) Permissible methods of taking; (2) means of effecting the least 
practicable impact on the species or stock and its habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance; and (3) requirements pertaining to the monitoring and 
reporting of such takings. Habitat areas of significance for

[[Page 40904]]

Pacific walruses in the project area include (a) marginal sea-ice 
zones, (b) areas with consistent polynyas in consolidated pack ice or 
multiyear ice, (c) areas of high benthic productivity, (d) areas where 
nutrient-rich ocean currents converge, and (e) terrestrial haulouts. 
The proposed activities will not be conducted in the vicinity of sea 
ice, eliminating potential impacts to the first two habitat types. 
Areas of high benthic productivity and convergence of nutrient-rich 
currents are important because they generate important feeding areas. 
The Service, therefore, must specify avoidance and minimization 
measures for effecting the least practicable impact of the proposed 
action on important feeding areas and terrestrial haulouts.

Summary of Request

    On October 29, 2015, Quintillion submitted a request to the Service 
for the nonlethal taking by harassment of Pacific walruses and polar 
bears that may occur incidental to a cable-laying project. Quintillion 
is proposing to install 1,904 kilometers (km) (1,183 miles (mi)) of 
submerged fiber optic cable on the seafloor of the Bering, Chukchi, and 
Beaufort Seas off the northern and western coasts of Alaska during the 
open-water season of 2016. The Quintillion cable project or ``the 
proposed action'' consists of a main trunk line and six branching lines 
with links to the existing terrestrial networks of six rural Alaskan 
communities. An amendment with updated information was received in 
February 2016, and Quintillion withdrew its request for incidental take 
of polar bears on April 25, 2016. A complete copy of Quintillion's 
request and supporting documents may be obtained as specified above in 
ADDRESSES.
    The project is most likely to encounter Pacific walruses in the 
Chukchi Sea in August and September. The cable-laying activities are 
proposed for the northern Bering Sea after mid-July when most animals 
have moved either northward into the Chukchi Sea or southward to 
Bristol Bay, where no cable-laying activities are proposed. The 
Southern Beaufort Sea is outside of the normal range of the species and 
is, therefore, considered ``extralimital'' to the normal range of the 
species, and encounters are unlikely. When Pacific walruses are 
encountered, they may react to the presence of Quintillion's vessels or 
the sounds of the cable-laying activities. Thrusters, echo sounders, 
and beacon transceivers that will be used by the cable-laying ships 
during this project may generate noise levels capable of causing 
acoustic harassment to Pacific walruses in the local area.
    Quintillion is requesting incidental take by Level B harassment of 
Pacific walruses from disruption of behavioral patterns and exposure to 
sound levels exceeding 160 decibels (dB; all dB levels given herein are 
re: 1 [micro]Pa). The number of actual takes from sound exposure will 
depend upon the number of individuals occurring within the 160-dB 
ensonification zone. The ``ensonification zone'' is the area 
surrounding a sound source where received sound levels may exceed the 
specified threshold. Quintillion is not requesting authorization for 
take by Level A harassment. Quintillion does not believe that Level A 
take will occur because the project is not expected to generate noise 
levels at or above the level considered by the Service to have the 
potential to cause injury. Quintillion estimates that the project will 
generate sound levels no greater than 180 dBrms 
(dBrms refers to the root-mean-squared dB level, the square 
root of the average of the squared sound pressure level over some 
duration--typically 1 second). Pursuant to conclusions reached by the 
National Oceanic and Atmospheric Administration (NOAA), the Service 
considers sound levels above 190 dBrms to have the potential 
to cause injury to Pacific walruses and result in take due to Level A 
harassment (e.g., NMFS 1998; HESS 1999).
    Prior to issuing an IHA in response to this request, the Service 
must evaluate the level of activities described in the application, the 
associated potential impacts to Pacific walruses, and the potential 
effects on the availability of the species for subsistence use. The 
Service is tasked with analyzing the impact that the proposed lawful 
activities will have on Pacific walruses during normal operating 
procedures.

Description of the Specified Activities and Geographic Area

    The planned Quintillion cable project will occur in the marine 
waters of the northern Bering, Chukchi, and southwestern Beaufort Seas, 
in waters of the State of Alaska, and on coastal land of Alaska (Figure 
1). The main trunk line is 1,317 km (818 mi) in length. The branching 
lines range between 27 km (17 mi) and 233 km (145 mi) in length and 
extend between the trunk line and the coastal communities of Nome, 
Kotzebue, Point Hope, Wainwright, and Barrow. Another branching line 
will extend to Oliktok Point, located 260 km (162 mi) southeast of 
Barrow. This line will connect over land with the community of Nuiqsut 
and the Prudhoe Bay industrial center. Additional project details are 
available in Quintillion's IHA application, available online at https://www.fws.gov/alaska/fisheries/mmm/iha.htm.

[[Page 40905]]

[GRAPHIC] [TIFF OMITTED] TN23JN16.015

    All activities associated with the IHA request, including 
mobilization, preliminary work, cable laying, post-burial work, and 
demobilization of survey and support crews are planned to occur June 1-
October 31, 2016. Operations in the Bering Sea will begin near Nome in 
mid-June and follow the receding sea ice northward into the northern 
Bering Sea. Work in the Bering Sea between Nome and the Bering Strait 
is proposed to occur from mid-July to mid-August 2016. Work in the open 
waters of the Chukchi Sea north of the Bering Strait and in the 
Beaufort Sea will be done in August and September. Nearshore cable 
landing work near Oliktok Point, Barrow, Wainwright, and Point Hope 
will begin in July and will continue in August-October while work is 
also being conducted offshore. Work may be conducted day or night. The 
operations will take approximately 150 days within the work window.
    Before cable is laid, a pre-lay grapnel run will be completed along 
the proposed cable route where burial is required. A grapnel is a small 
anchor with three or more flukes, used for grappling or dragging. The 
objective of the operation is the identification and clearance of any 
seabed debris. The grapnel run will employ towed grapnels and will be 
conducted by a tugboat. Any debris recovered during these operations 
will be discharged ashore and disposed of in accordance with applicable 
regulations. If any debris cannot be recovered, then a local reroute 
will be planned to avoid the debris.
    The cable-laying operations will be conducted from the Cable Ship 
(C/S) Ile de Brehat and/or its sister ships (Ile de Sein, Ile de Batz). 
The three ships may operate simultaneously in different locations. All 
three ships are 140 meters (m) or 460 feet (ft) in length and 23 m (77 
ft) in breadth, with berths for a crew of 70. Each ship is propelled by 
two 4,000-kilowatt (kW) fixed-pitch propellers. Dynamic positioning is 
maintained by two 1,500-kW bow thrusters, two 1,500-kW aft thrusters, 
and one 1,500-kW fore thruster. Sound source measurements have not been 
conducted specific to the C/S Ile de Brehat, but acoustic studies for 
similar vessels have shown thruster noise measurements of 171-180 
dBrms at 1 m (Nedwell et al. 2003; Samsung 2009; Deepwater 
Wind 2012).
    Support vessels include a tug and barge that will be primarily used 
for nearshore operations on the branch lines. Submerged cable 
components will include the cable, interconnecting hardware, and 
repeaters. The cable will be placed on the seafloor surface or will be 
buried. Burial method will depend on bottom substrate, water depth, and 
location. Echo sounders, transceivers, and transponders will be used to 
monitor the water depth and the position of equipment on the seafloor.
    Where cable is to be laid on the seafloor surface, the cable ships 
will install the cable as close as possible to the planned route with 
the correct amount of cable slack to enable the cable to conform to the 
contours of the seabed without loops or suspensions. A slack plan will 
be developed that uses direct bathymetric data and a catenary modeling 
system to control the ship and the cable payout speeds to ensure the 
cable is accurately placed. A dive team and the tug and barge will lay 
cable in nearshore waters too shallow for the C/S Ile de Brehat.
    Burial methods will depend on water depth. In depths greater than 
12 m (39.4 ft), the cable will be buried using a burial plough pulled 
by the cable ship. The plough is pulled by a tow wire as cable is fed 
through a depressor that pushes it into a trench. Burial depth is

[[Page 40906]]

controlled by adjusting the front skids. The normal tow speed is 
approximately 600 meters per hour (m/hr) (0.37 miles per hour (mph) or 
0.32 knots (kn)). During cable laying, the cable ship will not be able 
to alter course or speed to avoid marine mammals, but the slow speed 
and constant sound production will provide ample warning, allowing 
Pacific walruses to retreat before they are close enough to be harmed.
    In water depths less than 12 m (39.4 ft), burial will be by a tug-
pulled jet sled, tracked Remotely Operated Vehicle (ROV), or by a dive 
team using hand-jetting equipment, subject to seabed conditions in the 
area. Burial depths will generally be 2-3 m (6.6-9.8 ft). Nearer to 
shore, where seasonal ice scouring occurs, the cable will be floated on 
the surface and then pulled through an existing horizontal 
directionally drilled bore pipe to the beach manhole where it will be 
spliced to the terrestrial cable. The floated cable portion will then 
be lowered to the seabed by divers and buried (using a burial method as 
described above) from the bore pipe seaward.
    While it is expected that the cable trenches will fill in by 
natural current processes, it is important to ensure that cable splices 
and interconnections are fully buried, and that there are no plough 
skips at locations where burial is critical. To ensure proper burial at 
critical locations, the ROV will be used to conduct post-lay inspection 
and burial along an estimated 10 km (6.2 mi) of the burial route.

Description of Marine Mammals in the Area of Specified Activity

    The stock of Pacific walruses is composed of a single panmictic 
population inhabiting the shallow continental shelf waters of the 
Bering and Chukchi Seas (Lingqvist et al. 2009; Berta and Churchill 
2012). The size of the stock has never been known with certainty. In 
2006, the United States and Russia conducted a joint aerial survey in 
the pack ice of the Bering Sea using thermal imaging systems and 
satellite transmitters to count Pacific walruses in the water and 
hauled out on sea ice. The number within the surveyed area was 
estimated at 129,000 with 95 percent confidence limits of 55,000 to 
507,000 individuals. This estimate is considered a minimum: Weather 
conditions forced termination of the survey before large areas were 
surveyed (Speckman et al. 2011).
    Distribution is largely influenced by the extent of the seasonal 
pack ice and prey densities. From April to June, most of the population 
migrates from the Bering Sea through the Bering Strait and into the 
Chukchi Sea. Pacific walruses tend to migrate into the Chukchi Sea 
along lead systems that develop in the sea ice. During the open-water 
season, Pacific walruses are closely associated with the edge of the 
seasonal pack ice from Russian waters to areas west of Point Barrow, 
Alaska. Most of these animals remain in the Chukchi Sea throughout the 
summer months, but a few occasionally range into the Beaufort Sea. Oil 
and gas industry observers reported 35 sightings east of Point Barrow 
(~156.5[deg] W.) between 1995 and 2012 (Kalxdorff and Bridges 2003; AES 
Alaska 2015; USFWS unpublished data).
    The pack ice usually advances rapidly southward in late fall, and 
most Pacific walruses return to the Bering Sea by mid- to late-
November. During the winter breeding season, three concentration areas 
form in the Bering Sea where open leads, polynyas, or thin ice occur 
(Fay et al. 1984; Garlich-Miller et al. 2011). While the specific 
location of these groups varies annually depending upon the sea-ice 
extent, one group generally occurs near the Gulf of Anadyr, another 
south of St. Lawrence Island, and a third in the southeastern Bering 
Sea south of Nunivak Island.
    Pacific walruses are usually found in waters of 100 m (328 ft) or 
less although they are capable of diving to greater depths. They use 
sea ice as a resting platform over feeding areas, as well as for giving 
birth, nursing, passive transportation, and avoiding predators (Fay 
1982; Ray et al. 2006). Native hunters have reported incidences of 
Pacific walruses preying on seals; other items such as fish and birds 
are occasionally taken (Sheffield and Grebmeier 2009; Seymour et al. 
2014), but benthic invertebrates are the primary food source. Foraging 
trips may last for several days, during which the animals dive to the 
bottom nearly continuously. Most foraging dives last 5-10 minutes, with 
surface intervals of 1-2 minutes. The disturbance of the sea floor by 
foraging Pacific walruses releases nutrients into the water column, 
provides food for scavenger organisms, contributes to the diversity of 
the benthic community, and is thought to have a significant influence 
on the ecology of the Bering and Chukchi Seas (Ray et al. 2006).
    Bivalve clams of the genera Macoma, Serripes, and Mya appear to be 
the most important prey based on both stomach contents and prey 
availability at Pacific walrus feeding areas (Sheffield and Grebmeier 
2009). Feder et al. (1989) found summer and fall feeding areas in the 
Chukchi Sea to be dominated by muddy substrates supporting high 
biomasses of Macoma calcarea. Hanna Shoal is the most important 
foraging area for Pacific walruses (Brueggeman et al. 1990, 1991; 
MacCracken 2012; Jay et al. 2012). Jay et al. (2012) tracked radio-
tagged individuals to estimate areas of foraging and occupancy in the 
Chukchi Sea during June-November of 2008-2011 (years when sea ice was 
sparse over the continental shelf) and observed high use areas in the 
relatively shallow waters of Hanna Shoal. The unique bathymetric and 
current patterns at Hanna Shoal deposit nutrients from the Bering Sea 
on the ocean floor where they feed a rich benthic ecosystem. Based on 
this information, the Service designated 24,600 km\2\ (9,500 mi\2\) of 
the Chukchi Sea as the Hanna Shoal Walrus Use Area (HSWUA).
    Pacific walruses are social and gregarious animals. They travel and 
haul out onto ice or land in groups, and spend approximately 20-30 
percent of their time out of the water. Hauled-out animals tend to be 
in close physical contact. Young animals often lie on top of adults. 
The size of the hauled-out groups can range from a few animals up to 
several thousand individuals. The largest aggregations occur at land 
haulouts.
    Use of terrestrial haulouts in the eastern Chukchi Sea by large 
numbers has been common during recent years of low summer sea ice, when 
the edge of the pack ice has moved north into the deep Arctic Basin 
where Pacific walruses cannot feed (due to too great a water depth). In 
recent years, the barrier islands north of Point Lay, Alaska, have held 
large aggregations of up to 20,000-40,000 animals in late summer and 
fall (Monson et al. 2013). Pacific walruses hauled out near Point Lay 
have travelled to Hanna Shoal during feeding bouts.
    Polar bears are known to prey on Pacific walruses, particularly 
calves; killer whales (Orcinus orca) have been known to take all age 
classes (Frost et al. 1992; Melnikov and Zagrebin 2005). Predation 
rates are unknown but are thought to be highest near terrestrial 
haulout sites where large aggregations can be found. Few observations 
exist of predation upon Pacific walruses farther offshore.
    Pacific walruses have been hunted for food and other purposes by 
coastal-dwelling Alaska Natives and Native peoples of Chukotka, Russian 
Federation for thousands of years. Combined harvest mortality from 
2000-2014 for the United States and Russian Federation averaged 3,207 
per year (USFWS unpublished data). This mortality estimate includes 
corrections for under-reported harvest (U.S. only)

[[Page 40907]]

and struck and lost animals. Harvest has been declining by about 3 
percent per year since 2000 and was exceptionally low in the United 
States in 2012-2014. Resource managers in Russia have concluded that 
the population has declined and have reduced harvest quotas in recent 
years accordingly, based in part on the lower abundance estimate 
generated from the 2006 survey (Kochnev 2004; Kochnev 2005; Kochnev 
2010, pers. comm.; Litovka 2015, pers. comm.). The quota in 2000 was 
3000 animals; by 2010, it was just 1300 (Shadbolt et al. 2014). 
However, Russian hunters have never reached the quota (Litovka 2015, 
pers. comm.).
    Detailed information on the biology and status of the species, 
including a revised stock assessment report announced on April 21, 2014 
(79 FR 22154), is available at https://www.fws.gov/alaska/fisheries/mmm/.

Potential Impacts of the Activities on Pacific Walruses

    Proposed cable-laying activities in the Chukchi Sea may encounter 
Pacific walruses, but encounters in the Beaufort and Bering Seas are 
unlikely. The Southern Beaufort Sea east of 153[deg] W. is 
extralimital; encounters are unlikely there. Project activities are 
scheduled to occur in the northern Bering Sea after mid-July, when most 
Pacific walruses have moved north into the Chukchi Sea or south to 
Bristol Bay. No project activities are planned in Bristol Bay or in the 
Bering Sea south of Nome.
    Proposed activities in the Chukchi Sea in July-August have the 
greatest degree of overlap with areas used by Pacific walruses. Project 
activities occurring in these areas in September-November may also 
encounter Pacific walruses. Noise and vessel activities associated with 
the project have the potential to disrupt normal behavioral patterns 
including migration, nursing, and feeding. Use of thrusters, echo 
sounders, and beacon transceivers could generate noise levels capable 
of causing acoustic harassment near the project area and are discussed 
in the following section.

Noise

    Pacific walruses hear sounds both in air and in water. Kastelein et 
al. (1996) tested the in-air hearing of one individual from 125 hertz 
(Hz) to 8 kilohertz (kHz) and determined the animal could hear all 
frequency ranges tested, but the best sensitivity was 250 Hz-2 kHz. 
Kastelein et al. (2002) tested underwater hearing and determined that 
range of hearing was 1 kHz-12 kHz with greatest sensitivity at 12 kHz. 
The small sample size of one animal warrants caution; other pinnipeds 
can hear up to 40 kHz. Many of the noise sources generated by the 
Quintillion cable project are likely to be audible to Pacific walruses. 
Exposure to high levels of underwater sound may cause hearing loss in 
nearby animals and disturbance of animals at greater distances. Sound 
attenuates in air more rapidly than in water; airborne sound levels 
likely to be produced by the proposed action are unlikely to cause 
hearing damage unless animals are very close to the sound source.
    Acoustic sources operating during cable laying will include 
thrusters, plows, jets, ROVs, echo sounders, and positioning beacons. 
Of these, the dominant source of radiated underwater noise at 
frequencies less than 200 Hz is propeller cavitation from the vessel 
propulsion systems (Ross 1976). The cable ships will each maintain 
dynamic positioning during cable-laying operations by using two 1,500-
kW bow thrusters, two 1,500-kW aft thrusters, and one 1,500-kW fore 
thruster. Sound source measurements have not been conducted specific to 
the C/S Ile de Brehat, but acoustic studies for similar vessels have 
shown thruster noise measurements of 171-180 dBrms at 1 m 
(Nedwell et al. 2003; Samsung 2009; Deepwater Wind 2012).
    Echo sounders, transceivers, and transponders will be used to 
conduct hydroacoustic surveys of water depth and to guide the position 
of the plow and ROV. Sound levels produced by these sources can range 
from 210-226 dB at 1 m, but are generally at frequencies above the 
hearing sensitivities of Pacific walruses; typical frequencies are 24 
kHz-900 kHz. Some surveys use frequencies as low as 50 Hz or as high as 
2 megahertz (MHz). Pulses of sound are produced every 1 to 3 seconds in 
narrow downward-focused beams; there is very little horizontal 
propagation of noise. Commercial sonar systems may generate lower 
frequency side-lobes audible to marine mammals, but these are generally 
produced at sound levels unlikely to cause harm (Deng et al. 2014). 
Depending on the action, the area, and the acoustics involved, sound 
from multiple sources may combine synergistically or partly cancel out. 
Cable ships will not operate simultaneously in close proximity to each 
other (within 10 km).
    Marine mammals in general have variable reactions to noise sources, 
particularly mobile sources such as marine vessels. Potential impacts 
from noise include displacement from preferred foraging areas, 
increased stress, energy expenditure, interference with feeding, 
masking of communications, or temporary hearing loss. Potential 
acoustic injuries from exposure to high levels of sound may manifest in 
the form of temporary or permanent changes in hearing sensitivity. The 
underwater hearing abilities of the Pacific walrus have not been 
studied sufficiently to develop species-specific criteria for 
preventing harmful exposure. Sound pressure level thresholds have been 
developed for other members of the pinniped taxonomic group, above 
which exposure is likely to cause behavioral responses and injuries 
(Finneran 2015).
    Historically, NOAA has used 190 dBrms as a threshold for 
predicting injury to pinnipeds and 160 dBrms as a threshold 
for behavioral impacts from exposure to impulse noise (NMFS 1998; HESS 
1999). The behavioral response threshold was developed based primarily 
on observations of marine mammal responses to airgun operations (e.g., 
Malme et al. 1983a, 1983b; Richardson et al. 1986, 1995). Southall et 
al. (2007) assessed relevant studies, found considerable variability 
among pinnipeds, and determined that exposures between ~90-140 dB 
generally do not appear to induce strong behavioral responses in 
pinnipeds in water, but an increasing probability of avoidance and 
other behavioral effects exists in the 120-160-dB range.
    The NOAA 190-dBrms injury threshold is an estimate of 
the sound level likely to cause a permanent shift in hearing thresholds 
(permanent threshold shift or PTS). This value was modelled from 
temporary threshold shifts (TTS) observed in pinnipeds (NMFS 1998; HESS 
1999). Southall et al. (2007) reviewed the literature and derived 
behavior and injury thresholds based on peak sound pressure levels of 
212 dB (peak) and 218 dB (peak) respectively. Because onset of TTS can 
vary in response to duration of exposure, Southall et al. (2007) also 
derived thresholds based on sound exposure levels (SEL). Sound exposure 
level can be thought of as a composite metric that represents both the 
magnitude of a sound and its duration. The study proposed threshold 
SELs weighted at frequencies of greatest sensitivities for pinnipeds of 
171 dB (SEL) and 186 dB (SEL) for behavioral impacts and injury 
respectively (Southall et al. 2007). Kastak et al. (2005) found 
exposures resulting in TTS in pinniped test subjects ranging from 152-
174 dB (183-206 dB SEL). Reichmuth et al. (2008) demonstrated a 
persistent TTS, if not a PTS, after 60 seconds of 184 dB SEL. Kastelein 
(2012) found small but statistically significant TTSs at approximately 
170 dB SEL (136

[[Page 40908]]

dB, 60 min) and 178 dB SEL (148 dB, 15 min).
    Based on these data, and applying a precautionary approach in the 
absence of empirical information, we assume it is possible that Pacific 
walruses exposed to 190-dB or greater sound levels from underwater 
activities could suffer injury from PTS. Pacific walruses exposed to 
underwater sound pressure levels greater than 180 dB could suffer 
temporary shifts in hearing thresholds. Repeated or continuous exposure 
to sound levels between 160 and 180 dB may also result in TTS, and 
exposures above 160 dB are more likely to elicit behavioral responses 
than lower level exposures.
    The Service's underwater sound mitigation measures include 
employing ``Protected Species Observers'' (PSOs) to establish and 
monitor 160-dB, 180-dB, and 190-dB isopleth mitigation zones centered 
on any underwater sound source greater than 160 dBrms. For 
projects that produce sound levels greater than 180 dBrms, 
the 180-dB and 190-dB zones are monitored to ensure no marine mammals 
are in the zone before the sound-producing activity begins and during 
the activity. The Quintillion project is not expected to produce sound 
at this level, but the 160-dB zone will be monitored; Pacific walruses 
in this zone will be assumed to experience Level B take.
    Pacific walruses' reactions to noise sources at likely to be 
variable, depending on the sound levels and frequencies, individuals' 
prior exposure to the disturbance source, their need or desire to be in 
the particular habitat or area where they are exposed to the noise, 
location relative to the disturbance, and whether the disturbance 
source is visible or odorous. Pacific walruses are typically more 
sensitive to disturbance when hauled out on land or ice than when they 
are in the water. The Quintillion cable project will be carried out 
away from the edge of the seasonal pack ice and terrestrial haulouts. 
This will minimize potential interactions with large concentrations of 
Pacific walruses in the project area, which typically favor sea-ice 
habitats or land-based haulouts.
    Relatively minor reactions, such as increased vigilance, are not 
likely to disrupt biologically important behavioral patterns and, 
therefore, do not constitute take by harassment, as defined by the 
MMPA. Reactions such as fleeing a haulout or departing a feeding area 
have the potential to disrupt biologically significant behavioral 
patterns, including nursing, feeding, and resting, and may result in 
decreased fitness for the affected animal. These reactions meet the 
criteria for Level B harassment under the MMPA. Significant reactions 
have been documented in response to vessel noise. For example, 
icebreaking activities in the Chukchi Sea were observed to displace 
some Pacific walrus groups up to several kilometers (Brueggeman et al. 
1990) away. Approximately 25 percent of groups on pack ice responded by 
diving into the water; most reactions occurred within 805m-1 km (0.5-
0.6 mi) of the ship. However, groups of hauled-out Pacific walruses 
beyond these distances generally showed little reaction to icebreaking 
activities (Brueggeman et al. 1990, 1991). Activities producing high 
levels of noise or occurring in close proximity also have the potential 
to illicit extreme reactions (Level A harassment) including separation 
of mothers from young or instigation of stampedes, resulting in death 
of the offspring or death by trampling respectively.
    Cable-laying activities will occur in regions of the Chukchi Sea 
used by Pacific walruses for foraging. Noise from these activities may 
cause Pacific walruses to be displaced during feeding, and could have 
direct effects on food resources. Little research has been conducted on 
the effects of sound on invertebrates. Mussels, clams, and crabs do not 
have auditory systems or swim bladders that could be affected by sound 
pressure, but squid and other invertebrate species have complex 
statocysts that resemble the otolith organs of fish that may allow them 
to detect sounds (Budelmann 1992). Normandeau Associates, Inc. (2012) 
concluded that invertebrates are sensitive to local water movements and 
to low-frequency particle accelerations generated by sound sources in 
their close vicinity. Based on these results, impulsive hydroacoustic 
surveys could acoustically impact local marine communities, but only 
within a limited area. From an ecological community standpoint, these 
impacts are considered minor. No significant reduction in quality or 
availability of Pacific walrus food resources is expected.
    The proposed action will include measures to prevent extreme 
behavioral reactions to project noise and injury from noise exposure. 
Measures include minimizing probability of encounters by working during 
times when sea ice is not present and avoiding terrestrial haulouts. 
Cable vessels will not operate in areas where doing so would allow 
animals to be exposed to simultaneous noise from more than one ship. 
Acoustic ensonification zones will be monitored by PSOs during cable 
laying to document take and during pre- and post-cable-laying 
activities to maintain at least an 805-m (0.5-mi) distance from Pacific 
walruses. These measures are expected to reduce the intensity of 
disturbance events and to minimize the potential for injuries to 
animals.

Vessel-Based Activities

    Pacific walruses may be disturbed by the sights, sounds, and smells 
of humans, machinery, and equipment associated with the proposed 
vessel-based activities during Quintillion's project. The potential 
responses of Pacific walruses to these types of disturbances are highly 
variable and may depend on the context of the encounter. Responses may 
include: Altered headings; increased swimming rates; increased 
vigilance; changes in dive, surfacing, respiration, feeding, and 
vocalization patterns; and hormonal stress production (i.e., see 
Richardson et al. 1995; Southall et al. 2007; Ellison et al. 2011). 
Pacific walruses use the project area for feeding, resting, and 
migrating, and for in-season travel, and are most likely to be exposed 
to the proposed activities while travelling or feeding in areas away 
from the coast. They are most likely to respond by retreating from 
cable-laying activities.
    The proposed cable route is outside of the HSWUA, which will limit 
the number of walruses exposed to the project activities, but some 
Pacific walruses may be foraging outside the HSWUA and could be 
displaced while using these peripheral feeding areas. Pacific walruses 
that are displaced while foraging in peripheral feeding areas or while 
traveling between Hanna Shoal and coastal haulouts are likely to expend 
some additional energy avoiding the project activities. Effects of 
displacement within foraging areas and from travel routes will depend 
on the ability of the affected animals to reach and use alternate 
areas. There are no anticipated events or activities that will restrict 
availability of or access to other suitable foraging habitat or 
alternate travel routes during this project.
    Pacific walruses may cross paths with cable-laying and support 
vessels while migrating or traveling to foraging or resting areas. The 
reaction of Pacific walruses to vessel traffic is dependent upon vessel 
type, distance, speed, and an animal's previous exposure to 
disturbances. For example, low-frequency diesel engines have been 
observed to cause fewer disturbances than high-frequency outboard 
engines (Fay et al. 1984). Pacific walruses may respond to at-sea 
cable-laying work by exhibiting brief startling reactions or by 
temporarily vacating the area. There is

[[Page 40909]]

no long-term biologically significant impact to Pacific walruses 
expected from the proposed cable-laying activity.
    The Chukchi Sea contains important food resources. Trenching for 
cable burial will impact benthic and epibenthic invertebrates by: (1) 
Crushing with the plough blade, plough skid, or ROV track; (2) 
dislodgement onto the surface where they may die; and (3) the 
settlement of suspended sediment away from the trench where it may clog 
gills or feeding structures of sessile invertebrates or smother 
sensitive species (BERR 2008). Recolonization of benthic communities in 
northern latitudes is slow and may take 10 years or more (Conlan and 
Kvitek 2005; Beuchel and Gulliksen 2008). Seafloor trenching will leave 
a lasting impact on the seafloor within the cable corridor, but will 
have only a minor effect on the benthic community in a local area. 
Linear trenching of this scale will affect approximately 0.3 percent of 
each square km intersected by the cable route. This is an insignificant 
portion of the total seafloor available for Pacific walrus foraging. 
Further, none of the activity will occur in the HSWUA. The overall 
effects of cable laying on food resources will be inconsequential to 
Pacific walruses.
    Disturbance that occurs while Pacific walruses are resting at a 
haulout may have the greatest potential for harmful impacts. 
Disturbance events in the Chukchi Sea have been known to cause groups 
to abandon land or ice haulouts and occasionally result in trampling 
injuries or cow-calf separations, both of which are potentially fatal 
(USFWS 2015a). Anecdotal observations by Pacific walrus hunters and 
researchers also suggest that males tend to be more tolerant of 
disturbances than females (Fay et al. 1984). Females with dependent 
calves are considered least tolerant of disturbance and most likely to 
flee a haulout. Calves and young animals at terrestrial haulouts are 
particularly vulnerable to trampling injuries. The risk of stampede-
related injuries increases with the number of animals at a haulout.
    Quintillion's activities are planned to avoid disturbance of 
haulouts. Pacific walrus densities in the Chukchi Sea are highest along 
the edge of the pack ice, and the proposed activities are scheduled to 
avoid pack ice. The probability of encountering haulouts in pack ice 
is, therefore, low. Operations may encounter aggregations of Pacific 
walruses hauled out onto sparse patches of ice or when cable branches 
are installed at beach landings. Cable end branches will be placed 
perpendicular to the coastline and adjacent to the respective village 
to minimize nearshore activities. Landing locations were selected with 
input from local residents to avoid areas where haulouts may occur. No 
nearshore work will be done near Point Lay, where large haulouts are 
likely.

Oil/Fuel Spills

    Potential spills could involve fuel, oil, lubricants, solvents, and 
other substances used aboard the cable ships or support vessels. An oil 
spill or unpermitted discharge is an illegal act; IHAs do not authorize 
takes of marine mammals caused by illegal or unpermitted activities. If 
a spill did occur, the most likely impact upon Pacific walruses would 
be exposure to spilled oil, which may cause injury, illness, or 
possibly death depending on degree and duration of exposure and the 
characteristics of the spilled substance. A large spill could result in 
a range of impacts from reduced food availability to chronic ingestion 
of contaminated food. Spill response activities, especially use of 
dispersants, may increase the cumulative impact of a spill on Pacific 
walrus habitat by making oil more bioavailable for uptake by filter 
feeders and benthic invertebrates (e.g., Epstein et al. 2000; Hansen et 
al. 2012). However, the overall effect on the environment of spill 
response activities given a spill are expected to be lower than the 
level of impact of the spill alone (USFWS 2015b). The effects of a 
spill event would depend on the amount, substance, and specific 
circumstances of the spill, but small spills, such as could occur in 
connection with the activities proposed by Quintillion, are unlikely to 
have negative impacts on Pacific walruses.

Estimated Incidental Take of Pacific Walruses by Harassment

    The Service anticipates that incidental take of Pacific walruses 
may occur during Quintillion's cable-laying project. Noise, vessels, 
and human activities could temporarily interrupt feeding, resting, and 
movement patterns. The project component most likely to result in take 
is cavitation noise produced by the thrusters during dynamic 
positioning of the cable-laying vessel. The elevated underwater noise 
levels may cause short-term, temporary, nonlethal, but biologically 
significant changes in behavior that the Service considers to be Level 
B harassment. Other proposed activities, such as the use of an ROV, tug 
and barge, dive team, and support vessels are considered to have a 
limited potential for disturbance leading to take.
    For non-impulse sounds, such as those produced by the dynamic 
positioning thrusters during Quintillion's subsea cable-laying 
operation, the Service uses the 190-dBrms isopleth to 
indicate the onset of Level A harassment. The activities are not 
expected to generate noise above 180 dBrms within 
frequencies audible to Pacific walruses; therefore, there is no 180-dB 
or 190-dB mitigation zone from the proposed activities. No project 
activities are expected to result in take by Level A harassment.
    Quintillion provided calculations to estimate take by Level B 
harassment based on the estimated number of Pacific walruses that may 
occur within the 120-dB isopleth produced by the dynamic positioning 
thrusters during the proposed cable-laying operation. The Service 
generally associates the 160-dB isopleth with Level B harassment. The 
estimate of take based on the 120-dB isopleth will account for all 
animals exposed to sound levels higher than 120 dB, including those 
exposed to 160 dB or greater. The Service evaluated these calculations 
to determine whether the necessary MMPA findings could be made per 
Quintillion's petition, but we expect Quintillion's calculations to 
overestimate the number of Pacific walruses that will be taken. 
Quintillion provided a full description of the methodology used to 
estimate take by harassment in its IHA petition, which is also provided 
in the following paragraphs.

Exposure Estimates and Take Authorization Request

    The estimate of the numbers of Pacific walruses that could be taken 
by Level B harassment from exposure to thruster noise during cable-
laying operations was determined by multiplying the maximum seasonal 
density of Pacific walruses by the total area in the northern Bering, 
Chukchi, and southwestern Beaufort Seas (to 153[deg]W) that will be 
ensonified by sound levels greater than 120 dBrms. The 
acoustic footprint (total ensonified area) was determined by assuming 
that dynamic positioning would occur along all trunk and branching 
lines within the proposed fiber optic cable network, regardless of the 
cable-laying vessel used or activity conducted.
    Various acoustic investigations have modeled distances to the 120-
dB isopleth for water depths similar to where Quintillion would be 
operating with results ranging between 1.4-3.5 km (Samsung 2009; 
Deepwater Wind 2013). However, these ranges were based on conservative 
modeling that included

[[Page 40910]]

maximum parameters and worst-case assumptions. Hartin et al. (2011) 
measured dynamic positioning noise from the 104-m (341-ft) Drill Ship 
Fugro Synergy while operating in the Chukchi Sea. It used 2,500-kW 
thrusters (more powerful than those used on the C/S Ile de Brehat) and 
produced frequencies of 110-140 Hz. The 90th percentile radius to the 
120-dB isopleth was 2.3 km (1.4 mi). Because this radius is a measured 
value from the same water body where Quintillion's cable-laying 
operation would occur, as opposed to a conservatively modeled value 
from the Atlantic Ocean, this value is used in estimating exposures.
    The sum total of submerged cable length is 1,904 km (1,183 mi), but 
total cable length within Pacific walrus habitat (west of 153[deg] W.) 
is 1,691 km (1,051 mi). Assuming that the radius to the 120-dB isopleth 
is 2.3 km (1.4 mi), the total ensonified area encompasses an area 1,691 
km (1,051 mi) in length and 4.6 km (2.8 mi) in width (4.6 = 2 x 2.3 km) 
or 7,780 km\2\ (3,004 mi\2\) total (4.6 x 1,691 [ap] 7,780). The area 
of the 120-dB isopleth at any one instant may be up to 16.6 km\2\ (6.2 
mi\2\) centered on the cable-laying vessel (radius(r) = 2.3 km; Area = 
[pi]r\2\). A total of 49.8 km\2\ (18.6 mi\2\) may be ensonified at one 
time if all three cable-laying vessels are in operation in different 
locations.
    The seasonal distribution of Pacific walruses in the project area 
is associated with the distribution and extent of broken pack ice (Fay 
et al. 1984; Garlich-Miller et al. 2011; Aerts et al. 2014). During 
years of high summer sea-ice cover in the Chukchi Sea, most Pacific 
walruses are expected to remain with the ice and feed in areas like 
Hanna Shoal. During low-ice years when the edge of the pack ice recedes 
north from the Chukchi Sea to the Arctic Basin, where waters are too 
deep to forage, Pacific walruses typically leave the ice and haul out 
on beaches (such as near Point Lay).
    The best available at-sea density estimates come from Aerts et al. 
(2014), who conducted shipboard surveys for marine mammals in the 
Chukchi Sea in 2008-2013. Their highest recorded summer densities were 
in the low-ice years of 2009 (0.040 walrus/km\2\) and 2013 (0.041 
walrus/km\2\). During the heavy-ice years of 2008 and 2012, densities 
were 0.001 and 0.006 walrus/km\2\, respectively. Given the continuing 
trend for light summer ice conditions, it is assumed that 2016 will be 
similar to 2013. Therefore, the 2013 density estimate of 0.041 walrus/
km\2\ is used in the exposure estimates.
    The number of Pacific walruses potentially exposed to harassment by 
the Quintillion cable project was estimated by multiplying the seasonal 
density (0.041 walrus/km\2\) by the total area (7,780 km\2\) that would 
be ensonified by thruster noise greater than 120 dBrms. This 
resulted in an estimate of 319 Pacific walruses (0.041 x 7,780 [ap] 
319). While this number was generated using a conservative density 
value from low-ice years, it does not take into account the potential 
for encounters with large groups of Pacific walruses moving between 
Hanna Shoal and Point Lay, or near the Wainwright and Barrow shore 
landings. During marine mammal observations made for offshore oil and 
gas activities in the Chukchi Sea in 2015, PSOs recorded 500 sightings 
of 1,397 individual Pacific walruses (Ireland and Bisson 2016). The 
average number of walruses per observation was only 1.5, but on several 
occasions, groups of more than 100 animals were observed. The maximum 
group size was 243 animals. Taking into consideration the possibility 
that any encounter might include large groups, Quintillion estimated 
that up to 500 Pacific walruses may be taken as a result of all 
activities.
    This level of take by harassment is small relative to the most 
recent stock abundance estimate for the Pacific walrus. A take level of 
500 represents only 0.39 percent of the best available estimate of the 
current population size of 129,000 animals (Speckman et al. 2011) (500/
129,000 [ap] 0.0039).

Potential Impacts on the Stock of Pacific Walrus

    Although 500 Pacific walruses (~0.39 percent of the population) are 
estimated to be potentially taken (i.e., potentially disturbed) by 
Level B harassment by means of exposure to sound levels of 160-190 dB, 
the expected take is unlikely to have consequences for the health, 
reproduction, or survival of affected animals. The major source of 
disturbance is likely to be production of sound by propeller cavitation 
during dynamic positioning by the cable-laying vessels. Sound 
production is not expected to reach levels capable of causing harm. 
Additionally, animals in the area are not expected to incur hearing 
impairment (TTS or PTS) or non-auditory physiological effects. Level A 
harassment (harassment that has the potential to injure Pacific 
walruses) is not authorized. Pacific walruses exposed to sound produced 
by the project are likely response to proposed activities with 
temporary behavioral modification or displacement. With the adoption of 
the mitigation measures required by this proposed IHA, the Service 
concludes that the only anticipated effects from noise generated by the 
proposed action would be short-term behavioral alterations of small 
numbers of Pacific walruses.
    Vessel-based activities could temporarily interrupt the feeding, 
resting, and movement of Pacific walruses. Because offshore activities 
are expected to move through the Chukchi Sea, impacts associated with 
cable laying are likely to be temporary and localized. The anticipated 
effects include short-term behavioral reactions and displacement of 
small numbers of Pacific walruses in the vicinity of active operations. 
Areas affected by the proposed action will be small compared to the 
regular movement patterns of the population indicating that animals 
will be capable of retreating from or avoiding the affected areas. 
Animals that encounter the proposed activities may exert more energy 
than they would otherwise due to temporary cessation of feeding, 
increased vigilance, and retreat from the project area, but would be 
expected to tolerate this without measurable effects on health or 
reproduction. Adoption of the measures specified in Mitigation and 
Monitoring are expected to reduce the intensity of disturbance events 
and minimize the potential for injuries to animals.
    In sum, no injuries or mortalities are anticipated to occur as a 
result of Quintillion's subsea cable-laying operation, and none will be 
authorized. The takes that are anticipated and would be authorized are 
expected to be limited to short-term Level B harassment in the form of 
brief startling reactions or temporary displacement. No long-term 
biologically significant impacts to Pacific walruses are expected.

Potential Impacts on Subsistence Uses

    The MMPA allows Alaska Natives to harvest Pacific walruses for 
subsistence purposes or for the purposes of creating authentic Native 
articles of handicraft and clothing, provided this is accomplished in a 
non-wasteful manner. The proposed cable-laying activities will occur 
within the marine subsistence areas used by Alaska Natives from the 
villages of Nome, Wales, Diomede, Kotzebue, Kivalina, Point Hope, Point 
Lay, Wainwright, Barrow, and Nuiqsut, all of which annually hunt 
Pacific walruses, except Nuiqsut. Between 2006 and 2015, approximately 
1,080 Pacific walruses were harvested annually in Alaska (USFWS 
unpublished data). The years 2013-2015 were low harvest years; annual 
harvest from 2006-2012 was 1,308 per year. These estimates are of

[[Page 40911]]

reported harvest only and have not been corrected for struck and lost 
animals or underreporting. Most of the harvest (87 percent) was taken 
by the villages of Gambell and Savoonga on St. Lawrence Island, located 
135 km (84 mi) south of the geographic region of the Quintillion cable 
project.
    The villages within the project area harvested an average of 81 
Pacific walruses per year from 2006-2015. The small village of Diomede 
(population of ~115) harvested 26 percent of these (~21 per year). 
Diomede is located on Little Diomede Island in the center of the Bering 
Strait. Twice a year the vanguard of the walrus population passes 
through the Strait when migrating between wintering and summering 
grounds providing harvest opportunities for Diomede hunters. Pacific 
walruses will also occasionally haul out on Little Diomede Island 
during the summer and fall (Garlich-Miller and Burn 1999).
    Relative to the village population size (556), Pacific walruses are 
also an important staple for Wainwright inhabitants. From 2006-2015, 
approximately 26 Pacific walruses were taken annually. Wainright also 
harvests beluga and bowhead whales. The small village of Wales 
(population ~145), located on the eastern edge of the Bering Strait, 
harvested an average of six Pacific walruses each year (USFWS 
unpublished data). Nome also harvested six Pacific walruses per year, 
and Barrow harvested 14 per year from 2006-2015. Nome and Barrow both 
have populations of approximately 4,000 people, and Pacific walrus is 
not as important in the subsistence diet as other resources.
    Kotzebue, Kivalina, Point Hope, and Point Lay each harvested fewer 
than five Pacific walruses annually from 2006-2015, suggesting harvest 
of this species in these villages is more opportunistic than focused. 
The communities of Savoonga, Brevig Mission, Chefornak, Elim, Gambell, 
Hooper Bay, King Island, Kipnuk, Shaktoolik, Shishmaref, Teller, 
Togiak, and Toksook Bay all harvested one or more per year on average 
from 2006-2015, but are outside of the geographic region of the 
proposed action.
    There are only a few locations where the proposed project area 
could overlap with local subsistence harvest areas. These include the 
portion of the route passing between the villages of Diomede and Wales, 
and the branching line into Wainwright. The proposed route is expected 
to pass about 25 km (16 mi) east of Little Diomede Island. Presence of 
ice is needed for any spring Pacific walrus hunts from Diomede, and the 
Quintillion cable-laying vessel cannot operate in the presence of ice.
    Pacific walruses are harvested from Wainwright and Barrow during 
July and August from drifting ice floes (Bacon et al. 2009). Most are 
killed within 32 km (20 mi) of shore, but some are taken by both 
villages as far as 64 km (40 mi) offshore (SRB&A 2012). The Quintillion 
cable route will pass within 30 km (19 mi) of both villages, and the 
branching lines will go directly to both Wainwright and Barrow. 
However, given the hazard ice floes pose to the cable-laying project, 
Quintillion will not be operating within either village's subsistence 
hunt area when seasonal sea ice is present. Thus, the cable-laying 
project is not expected to affect the annual Pacific walrus hunts by 
either Wainwright or Barrow. For the remaining villages, the annual 
harvest is relatively low and generally occurs when ice is present, or 
occurs well away from the proposed cable route (in the case of Point 
Lay, the route will run well offshore of the village).
    Based on the proposed cable-laying timetable relative to the 
seasonal timing of the various village harvest periods, an overlap in 
cable laying and Pacific walrus hunting is not expected. However, 
Quintillion will continue to work closely with the Eskimo Walrus 
Commission (EWC) and the affected villages to minimize any effects 
cable-laying activities might have on subsistence harvest, including 
scheduling the laying of branching lines to avoid periods when Pacific 
walruses are present.

Mitigation and Monitoring

    In order to issue an incidental take authorization under section 
101(a)(5)(D) of the MMPA, the Service must, where applicable, set forth 
the permissible methods of take and other means of effecting the least 
practicable impact on the Pacific walrus and its habitat, and on the 
availability of the species or stock for subsistence uses. Particular 
attention must be paid to habitat areas of importance, including 
haulouts and feeding areas. The Service evaluated the project, its 
potential impacts, and the range of avoidance, mitigation, and 
minimization measures that could be applied. Monitoring and mitigation 
measures were developed that will minimize the potential impacts and 
ensure the least practicable impact to Pacific walruses. As part of 
these mitigation measures, Quintillion will communicate closely with 
the EWC and the villages to ensure subsistence harvest is not 
disrupted. A Plan of Cooperation (POC) has been developed and will be 
implemented to structure and facilitate coordination with subsistence 
users. Work will be scheduled to minimize activities in hunting areas 
during subsistence harvest periods. Quintillion has also developed a 
Marine Mammal Monitoring and Mitigation Plan (4MP). Habitat areas where 
Pacific walruses engage in particularly sensitive activities (such as 
feeding or resting at haulouts) will be avoided. Adaptive measures, 
such as temporal or spatial limitations, will be applied in response to 
the presence of Pacific walruses. These documents will be available for 
public review as specified in ADDRESSES.

Avoidance

    For the proposed Quintillion subsea cable-laying operations in the 
Bering, Chukchi, and Beaufort Seas and coastal lands of Alaska, the 
primary means of minimizing potential consequences for Pacific walrus 
and subsistence users is routing the cable to avoid concentration areas 
and important prey habitat. Most of the main trunk line will be laid 
30-150 km (19-93 mi) offshore, thereby avoiding nearshore Pacific 
walrus concentrations and terrestrial haulouts. Where cable end 
branches will come ashore, landings will be conducted at right angles 
to the coastline and immediately adjacent to the respective village 
(except at Oliktok Point where no village exists) to minimize nearshore 
activities and avoid areas where haulouts may occur. No work will be 
done near Point Lay, where large haulouts are likely, or near Hanna 
Shoal, where feeding aggregations may occur. Cable-laying activities 
will not be performed by multiple vessels simultaneously where doing so 
would create overlapping ensonification zones. The proposed action will 
not occur north of the Bering Strait until July 1 to allow Pacific 
walruses the opportunity to disperse from the confines of the spring 
lead system and to minimize interactions with subsistence hunters. 
Quintillion's operations must avoid sea ice for safety reasons. In 
doing so, Quintillion will avoid ice habitat used by Pacific walruses. 
The cable-laying operation will occur at a slow speed of 600 m/hr (0.37 
mph), and it is, therefore, highly unlikely that cable-laying 
activities could cause injury. Collisions between vessels and marine 
mammals are rare, and when they do occur, they usually involve fast-
moving vessels.

Vessel-Based Protected Species Observers (PSOs)

    Measures included in the proposed IHA to monitor and reduce the

[[Page 40912]]

frequency and severity of behavioral responses to the activities will 
include visual observation by vessel-based PSOs, acoustic monitoring, 
and adaptive measures in response to observations. The primary purpose 
of these mitigation measures is to detect marine mammals and avoid 
vessel interactions during the pre- and post-cable-laying activities. 
Due to the nature of the activities, the vessel will not be able to 
shut down or change speed or direction during cable-laying operations.
    Quintillion has proposed to employ PSOs during cable-laying 
operations to monitor zones of ensonification where the received sound 
level is 120 dB or greater. Observers will conduct vessel-based 
monitoring for Pacific walruses during all daylight periods of 
operation throughout the cable-laying operation. The duties of PSOs 
will include: Watching for marine mammals and identifying Pacific 
walruses; recording their numbers, locations, distances, and reactions 
to the survey operations; and documenting take by harassment. A 
sufficient number of trained PSOs will be required onboard each survey 
vessel to achieve 100 percent monitoring coverage during all periods of 
cable-laying operations in daylight with a maximum of 4 consecutive 
hours on watch and a maximum of 12 hours of watch time per day, per 
PSO. Nighttime observations will be made opportunistically using night-
vision equipment.
    Each vessel will have an experienced field crew leader to supervise 
the PSO team and will contain individuals with prior experience as 
marine mammal monitoring observers, including experience specific to 
Pacific walrus observations. New or inexperienced PSOs would be paired 
with an experienced PSO so that the quality of marine mammal 
observations and data recording is kept consistent. Resumes for 
candidate PSOs will be made available for the Service to review. All 
observers will have completed a training course designed to familiarize 
individuals with monitoring and data collection procedures. The PSOs 
shall be provided with Fujinon 7 x 50 or equivalent binoculars. Laser 
range finders (Leica LRF 1200 or equivalent) will be available to 
assist with distance estimation.
    All location, weather, and marine mammal observation data will be 
recorded onto a standard field form or database. Global positioning 
system and weather data will be collected at the beginning and end of a 
monitoring period and at every half-hour in between. Position data will 
also be recorded at the change of an observer or the sighting of a 
Pacific walrus. Enough position data will be collected to map an 
accurate charting of vessel travel. Observations of Pacific walruses 
will also include group size and composition (adults/juveniles), 
behavior, distance from vessel, presence in any applicable 
ensonification zone, and any apparent reactions to the project 
activities. Data forms or database entries will be made available to 
the Service upon request.

Acoustic Monitoring

    Quintillion plans to conduct sound source verification and 
contribute to passive acoustic monitoring efforts. Acoustic injury to 
Pacific walruses can occur if received noise levels exceed 190 dB. The 
cable-laying activities are not expected to produce noise levels 
capable of acoustic injury, and Quintillion is not requesting 
authorization of take by Level A harassment. Therefore, no shutdown 
zones will be necessary for this activity. However, Level B take may 
occur due to exposure to sound at greater than 160-dB levels. For this 
reason, observers must monitor the 160-B ensonification zone for the 
presence of Pacific walruses. Quintillion has committed to monitoring 
the 120-dB zone for marine mammals. The 160-dB zone is well within the 
120-dB zone and, therefore, will be included in the monitoring area.
    Sound source verification will be conducted during early-season 
operation of one cable-lay ship and anchor-handling tug. Results will 
be used to calibrate the 120-dB and 160-dB ensonification zones. If 
sound source verification indicates that sound levels produced during 
operations will be higher than expected (greater than 190 
dBrms at frequencies less than 40 kHz), Quintillion will 
coordinate with the Service to evaluate additional mitigation options.
    Passive acoustic monitoring will be conducted by the 2016 joint 
Arctic Whale Ecology Study (ARCWEST)/Chukchi Acoustics, Oceanography, 
and Zooplankton Study Extension (CHAOZ-X) with support from 
Quintillion. The current mooring locations for the passive acoustic 
monitoring portion of the joint program align closely with the proposed 
Quintillion cable-lay route. Acoustic data from these locations in 2016 
will provide information on the distribution and composition of the 
marine mammal community and the acoustic effects of the cable-lay 
activity on the local environment where the route passes close to these 
stations.

Adaptive Measures

    When the cable ships are traveling in Alaskan waters to and from 
the project area (before and after completion of cable laying), and 
during all travel by support vessels, operators will implement the 
following measures:
     Avoid potential interaction with any and all Pacific 
walruses by taking reasonable precautions such as changing speed or 
course when Pacific walruses are observed within 805 km (0.5 mi). 
Changes in speed or course will be achieved gradually to avoid abrupt 
maneuvers whenever possible.
     Do not approach Pacific walruses within 805 km (0.5 mi).
     Reduce speed to less than 2.6 meters per second (m/s) (5 
kn) when visibility drops (such as during inclement weather, rough 
seas, or at night) to avoid the likelihood of collision with Pacific 
walruses. During cable laying, the normal vessel travel speed is less 
than 2.6 m/s (5 kn).
     Vessels may not be operated in such a way as to separate 
members of a group of Pacific walruses from other members of the group.
     Activities are not planned near known haulouts, but if 
Pacific walruses are observed on land, vessels will maintain a 1.6 km 
(1 mi) separation distance.
     Any behavioral response indicating more than Level B take 
of a Pacific walrus due to project activities shall be reported to the 
Service within 48 hours, including separation of mother from young, 
stampeding haulouts, injured animals, and animals in acute distress.

Measures To Reduce Impacts to Subsistence Users

    The Service requires holders of an IHA to cooperate with the 
Service and other designated Federal, State, and local agencies to 
monitor the impacts of proposed activities on marine mammals and 
subsistence users. Quintillion has coordinated with the Service, NOAA--
Fisheries, and the Army Corps of Engineers, along with communities and 
subsistence harvest organizations. Specifically, Quintillion has 
coordinated with EWC, Barrow Whaling Captains Association members and 
board, the Community of Wainwright, Wainwright Whaling Captains, Point 
Hope Community, Tikigaq Whaling Captains, the Northwest Arctic Borough, 
Kotzebue City Management, the Community of Kotzebue, Maniilaq 
Association, Kawerak Inc., the Nome Community, and Kuukpik Corporation. 
Communications will continue throughout the project and may include 
public service announcements on KBRW and KOTZ radio stations, messaging 
on the Alaska Rural Communications Service television network, 
newsletters, and 1-800

[[Page 40913]]

comment lines. At the end of the cable installation process, 
Quintillion will conduct community meetings at the affected landing 
villages identified in this document to discuss and summarize project 
completion. In coordination with these agencies and organizations, 
Quintillion has agreed to the following actions to minimize effects on 
subsistence harvest by Alaska Native communities:
     Plan routes in offshore waters away from nearshore 
subsistence harvest areas.
     Schedule operations to avoid conflict with subsistence 
harvest.
     Develop and implement a POC to coordinate communication.
     Participate in the Automatic Identification System for 
vessel tracking to allow the cable-laying fleet to be located in real 
time.
     Distribute a daily report by email to all interested 
parties. Daily reports will include vessel activity, location, 
subsistence/local information, and any potential hazards.

Reporting Requirements

    Holders of an IHA must keep the Service informed of the impacts of 
authorized activities on Pacific walruses by: (1) Notifying the Service 
at least 48 hours prior to commencement of activities; (2) immediately 
reporting any occurrence of injury or mortality due to project 
activities; (3) submitting project reports; and (4) notifying the 
Service upon project completion or at the end of the work season.
    Weekly reports will be submitted to the Service each Thursday 
during the weeks that cable-laying activities take place. The reports 
will summarize project activities, monitoring efforts conducted by 
PSOs, results of sound source verification, Pacific walruses detected, 
the number of Pacific walruses exposed to sound levels greater than 160 
dB, and any behavioral reactions to project activities.
    A technical report will be submitted to the Service within 90 days 
after the end of the project or the end of the open-water season, 
whichever comes first. The report will describe all monitoring 
activities conducted during cable-laying activity and provide results. 
The report will include the following:
     Summary of monitoring effort (total hours of monitoring, 
activities monitored, number of PSOs).
     Summary of project activities completed and additional 
work yet to be done.
     Analyses of the factors influencing visibility and 
detectability of marine mammals (e.g., sea state, number of observers, 
and fog/glare).
     Discussion of location, weather, ice cover, sea state, and 
other factors affecting the presence and distribution of Pacific 
walruses.
     Number, location, distance/direction from the vessel, and 
initial behavior of any sighted Pacific walruses upon detection.
     Dates, times, locations, heading, speed, weather, and sea 
conditions (including sea state and wind force), as well as description 
of the specific cable-laying activity occurring at the time of the 
Pacific walrus observation.
     Estimated distance from the animal or group at closest 
approach and at the end of the encounter.
     An estimate of the number of Pacific walruses that have 
been exposed to the thruster noise (based on visual observation) at 
received levels greater than or equal to 120 dBrms and 160 
dBrms with a description of the responses (changes in 
behavior).
     Estimates of uncertainty in all take estimates, with 
uncertainty expressed by the presentation of confidence limits, a 
minimum-maximum, posterior probability distribution, or another 
applicable method, with the exact approach to be selected based on the 
sampling method and data available.
     A description of the mitigation measures implemented 
during project activities and their effectiveness for minimizing the 
effects of the proposed action on Pacific walruses.
     An analysis of the effects of survey operations on Pacific 
walruses.
     Occurrence, distribution, and composition of Pacific 
walrus sightings, including date, water depth, numbers, age/size/gender 
categories (if determinable), group sizes, visibility, location of the 
vessel, and location of the animal (or distance and direction to the 
animal from the vessel) in the form of electronic database or 
spreadsheet files.
     A discussion of any specific Pacific walrus behaviors of 
interest.

Notification of Injured or Dead Marine Mammals

    In the unexpected event that the specified activity causes the take 
of a Pacific walrus in a manner not authorized by the IHA such as an 
injury or mortality (e.g., ship-strike), Quintillion must report the 
incident to the Service within 24 hours. The report will include the 
following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Description of all sound sources used in the 24 hours 
preceding the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
cloud cover, and visibility);
     Description of all Pacific walrus observations in the 24 
hours preceding the incident;
     Description of the animal(s) involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    In the event that Quintillion discovers an injured or dead Pacific 
walrus, and the lead PSO determines that the injury or death is not 
associated with or related to the activities authorized in the IHA 
(e.g., previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), Quintillion must report the 
incident to the Service within 48 hours of the discovery. Quintillion 
will provide photographs or video footage (if available) or other 
documentation to the Service.

Mitigation Conclusions

    The Service has carefully evaluated Quintillion's proposed 
mitigation measures and considered a range of other measures of 
ensuring that the cable project will have the least practicable impact 
on Pacific walruses and their habitat. Our evaluation considered the 
following: (1) The manner in which, and the degree to which, the 
successful implementation of the measures are expected to minimize 
adverse impacts to Pacific walruses; (2) the proven or likely efficacy 
of the measures to minimize adverse impacts as planned; and (3) the 
practicability of the measures for applicant implementation.
    The expected effects of the prescribed mitigation measures are as 
follows:
     Avoidance of injury or death of Pacific walruses.
     Reduction in the numbers of Pacific walruses exposed to 
activities expected to result in the take of marine mammals.
     Reduction in the number of times individuals would be 
exposed to project activities.
     A reduction in the intensity of exposures to activities 
expected to result in the take of Pacific walruses.
     Avoidance or minimization of adverse effects to Pacific 
walrus habitat, especially haulout areas, sea ice, and foraging areas.
     An increase in the probability of detecting Pacific 
walruses through vessel-based monitoring, allowing for

[[Page 40914]]

more effective implementation of mitigation measures.
     Reduction in the likelihood of affecting Pacific walruses 
in a manner that would alter their availability for subsistence uses.
    Based on our evaluation of the proposed mitigation measures, the 
Service has preliminarily determined that these measures provide the 
means of effecting the least practicable impact on Pacific walruses and 
their habitat, including feeding areas and haulouts. These measures 
will also minimize any effects the project will have on the 
availability of the species or stock for subsistence uses.

Findings

Small Numbers

    For small take analyses, the statute and legislative history do not 
expressly require a specific type of numerical analysis, leaving the 
determination of ``small'' to the agency's discretion. In this case, we 
propose a finding that the Quintillion project will affect up to 500 
Pacific walruses, and that this constitutes a small number of animals. 
Factors considered in our small numbers determination include the 
number of Pacific walruses in the affected area, the size of the 
affected area relative to available habitat, and the expected efficacy 
of mitigation measures.
    First, the number of Pacific walruses inhabiting the proposed 
impact area is small relative to the size of the Pacific walrus 
population. The potential exposures for the 2016 cable-laying period, 
based on estimated density plus an additional allowance for the clumped 
distribution of Pacific walruses, is approximately 500 animals. This is 
about 0.39 percent of the population size of 129,000 estimated by 
Speckman et al. (2011).
    Second, the area where the proposed activities would occur is a 
relatively small fraction of the available habitat of the Pacific 
walrus. Cable-laying activities will have temporary impacts to Pacific 
walrus habitat along a 1,691-km (1,051-mi) linear corridor of marine 
waters and coastal land of Alaska. Sound levels greater than 120 
dBrms may be produced by propeller cavitation in an area of 
up to 16.6 km\2\ (6.2 mi\2\) centered on each cable ship. Up to three 
ships may operate in different locations at one time, resulting in a 
combined area of ensonification up to 49.8 km\2\ (18.6 mi\2\). 
Trenching of the seafloor may disturb the benthos along the cable 
route, affecting a total area of approximately 6 km\2\ (2.3 mi\2\). 
These impacts will be temporary and localized, and will not impede the 
use of an area after the project activities in that area are complete.
    Third, monitoring requirements and mitigation measures are expected 
to limit the number of incidental takes. The cable route will avoid sea 
ice, terrestrial haulouts, and important feeding habitat. Adaptive 
mitigation measures will be applied by the support fleet and when cable 
ships are in transit. These measures will include changes in speed or 
course when Pacific walruses could come within 805 m (0.5 mi), and are 
expected to help prevent take by Level A harassment and to minimize 
take by Level B harassment. Activities will be monitored by PSOs, and 
unexpected impacts and will be reported to the Service. No take by 
injury or death is anticipated or authorized. Monitoring and reporting 
will allow the Service to reanalyze and refine future take estimates 
and mitigation measures as activities continue in Pacific walrus 
habitat in the future. Should the Service determine, based on 
monitoring and reporting, that the effects are greater than anticipated 
the authorization may be modified, suspended, or revoked.
    For these reasons, we propose a finding that the Quintillion 
project will involve takes by Level B harassment of only a small number 
of animals.

Negligible Impact

    The Service proposes a finding that any incidental take by 
harassment resulting from the proposed Quintillion cable-laying 
operation cannot be reasonably expected to, and is not reasonably 
likely to, adversely affect the Pacific walrus through effects on 
annual rates of recruitment or survival, and would, therefore, have no 
more than a negligible impact on the species or stock. In making this 
finding, we considered the best available scientific information, 
including: (1) The biological and behavioral characteristics of the 
species; (2) the most recent information on species distribution and 
abundance within the area of the proposed action; (3) the potential 
sources of disturbance during the proposed action; and (4) the 
potential responses of Pacific walruses to this disturbance. In 
addition, we reviewed material supplied by the applicant, other 
operators in Alaska, our files and datasets, data acquired from NOAA--
Fisheries, published reference materials, and Pacific walrus experts.
    Pacific walruses are likely to respond to proposed activities with 
temporary behavioral modification or displacement. These reactions are 
unlikely to have consequences for the health, reproduction, or survival 
of affected animals. The major source of disturbance is likely to be 
production of sound by propeller cavitation during dynamic positioning 
by the cable-laying vessels. Sound production is not expected to reach 
levels capable of causing harm, and Level A harassment (harassment that 
has the potential to injure Pacific walruses) is not authorized. Sound 
source verification will be conducted to ensure that this assessment is 
accurate.
    Responses of Pacific walruses to disturbance would most likely 
include diving or swimming away from the sound source, which may cause 
temporary interruption of foraging, resting, or other natural 
behaviors. Affected animals are expected to resume normal behaviors 
soon after exposure, with no lasting consequences. Thus, although 500 
Pacific walruses (~0.39 percent of the population) are estimated to be 
potentially taken (i.e., potentially disturbed) by Level B harassment 
from exposure to sound levels of 160-190 dB, we do not expect this type 
of harassment to affect annual rates of recruitment or survival or 
result in adverse effects on the species or stock.
    Our proposed finding of negligible impact applies to incidental 
take associated with the proposed activities as mitigated by the 
avoidance and minimization measures. These mitigation measures are 
designed to minimize interactions with and impacts to Pacific walruses. 
These measures, and the monitoring and reporting requirements, are 
required for the validity of our finding and are a necessary component 
of the IHA.
    For these reasons, we propose a finding that the Quintillion 
project will have a negligible impact on Pacific walruses.

Impact on Subsistence

    We propose a finding that the anticipated harassment caused by the 
proposed activities would not have an unmitigable adverse impact on the 
availability of Pacific walruses for taking for subsistence uses. In 
making this finding, we considered the timing and location of the 
proposed activities and the timing and location of subsistence harvest 
activities and patterns, as reported through the Service's Marking, 
Tagging, and Reporting Program in the area of the proposed action. We 
also considered the applicant's consultation with potentially affected 
subsistence communities and proposed measures for avoiding impacts to 
subsistence harvest.

[[Page 40915]]

Required Determinations

National Environmental Policy Act (NEPA)

    We have prepared a draft Environmental Assessment (EA) (see 
ADDRESSES) in accordance with the NEPA (42 U.S.C. 4321 et seq.). We 
have preliminarily concluded that approval and issuance of an 
authorization for the nonlethal, incidental, unintentional take by 
Level B harassment of small numbers of Pacific walruses in Alaska 
during cable-laying activities conducted by Quintillion would not 
significantly affect the quality of the human environment, and that the 
preparation of an environmental impact statement for these actions is 
not required by section 102(2) of NEPA or its implementing regulations.

Endangered Species Act

    Under the Endangered Species Act of 1973, as amended (16 U.S.C. 
1531 et seq.) all Federal agencies are required to ensure the actions 
they authorize are not likely to jeopardize the continued existence of 
any threatened or endangered species or result in destruction or 
adverse modification of critical habitat. The range-wide status of 
Pacific walruses was reviewed in response to a 2008 petition to list 
this species. On February 10, 2011 (76 FR 7634), the listing of 
walruses was found to be warranted, but precluded due to higher 
priority listing actions (i.e., walrus is a candidate species). 
Consistent with established agency policy, the Service's Ecological 
Service program will evaluate whether the effects of the proposed 
activities will jeopardize the continued existence of the Pacific 
walrus prior to issuance of an IHA. Our evaluation and finding will be 
made available on the Service's Web site at https://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Government-to-Government Relations With Native American Tribal 
Governments

    In accordance with the President's memorandum of April 29, 1994, 
``Government to Government Relations with Native American Tribal 
Governments'' (59 FR 22951), Executive Order 13175, Department of the 
Interior Secretarial Order 3225 of January 19, 2001 (Endangered Species 
Act and Subsistence Uses in Alaska (Supplement to Secretarial Order 
3206)), Department of the Interior Secretarial Order 3317 of December 
1, 2011 (Tribal Consultation and Policy), Department of the Interior 
Memorandum of January 18, 2001 (Alaska Government-to-Government 
Policy), the Department of the Interior's manual at 512 DM 2, and the 
Native American Policy of the U.S. Fish and Wildlife Service, dated 
January 20, 2016, we acknowledge our responsibility to communicate and 
work directly on a Government-to-Government basis with federally 
recognized Alaska Natives Tribes in developing programs for healthy 
ecosystems, to seek their full and meaningful participation in 
evaluating and addressing conservation concerns for listed species, to 
remain sensitive to Alaska Native culture, and to make information 
available to Alaska Natives.
    Furthermore, and in accordance with Department of the Interior 
Policy on Consultation with Alaska Native Claims Settlement Act of 1971 
(ANCSA) Corporations, dated August 10, 2012, we likewise acknowledge 
our responsibility to communicate and work directly with ANCSA 
Corporations in evaluating and addressing conservation concerns for 
listed species, to remain sensitive to Alaska Native culture, and to 
make information available to ANSCA Corporations.
    We have evaluated possible effects of the proposed activities on 
federally recognized Alaska Native Tribes. Through the IHA process 
identified in the MMPA, the applicant presented a communication 
process, culminating in a POC with the Native communities most likely 
to be affected, and engaged these communities in numerous informational 
meetings.
    To facilitate co-management activities, the Service maintains 
cooperative agreements with the EWC and the Qayassiq Walrus Commission 
(QWC). The cooperative agreements fund a wide variety of management 
issues, including co-management operations, biological sampling 
programs, harvest monitoring, collection of Native knowledge in 
management, international coordination on management issues, 
cooperative enforcement of the MMPA, and development of local 
conservation plans. To help realize mutual management goals, the 
Service, EWC, and QWC hold meetings to discuss future expectations and 
outline a shared vision of co-management.
    Through various interactions and partnerships, we have determined 
that the issuance of this proposed IHA is appropriate. We invite 
continued discussion about improving our coordination and information 
exchange, including through the IHA/POC process, as may be requested by 
Tribes or other Native groups.

Proposed Authorization

    The Service proposes to issue an IHA for the nonlethal, incidental, 
unintentional take by Level B harassment of small numbers of Pacific 
walruses during cable-laying activities in the marine waters of Alaska 
and impacted coastal communities, as described in this document and in 
the applicant's petition. We neither anticipate nor propose 
authorization for intentional take or take by injury or death. The 
final IHA would be effective immediately after the date of issuance 
through November 15, 2016.
    The final IHA would also incorporate the mitigation, monitoring, 
and reporting requirements described in this proposal. The applicant 
would be expected and required to implement and fully comply with those 
requirements. If the nature or level of activity changes or exceeds 
that described in this proposal and in the IHA petition, or the nature 
or level of take exceeds that projected in this proposal, the Service 
will reevaluate its findings. The Secretary may modify, suspend, or 
revoke the authorization if the findings are not accurate or the 
mitigation, monitoring, and reporting requirements described herein are 
not being met.

    Dated: June 3, 2016.
Brian S. Glaspell,
Acting Regional Director, Alaska Region.
[FR Doc. 2016-14847 Filed 6-22-16; 8:45 am]
 BILLING CODE 4333-15-P