Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities, 50007-50017 [2019-20605]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 84, Number 185 (Tuesday, September 24, 2019)]
[Notices]
[Pages 50007-50017]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20605]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XR023


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Office of Naval Research Arctic 
Research Activities

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued an incidental harassment authorization (IHA) to 
the Office of Naval Research (ONR) to incidentally harass, by Level B 
harassment only, marine mammals during Arctic Research Activities in 
the Beaufort and Chukchi Seas. ONR's activities are considered military 
readiness activities pursuant to the MMPA, as amended by the National 
Defense Authorization Act for Fiscal Year 2004 (NDAA).

DATES: This Authorization is effective from September 10, 2019 through 
September 9, 2020.

FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these 
documents, please call the contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring

[[Page 50008]]

and reporting of such takings are set forth.
    The NDAA (Pub. L. 108-136) removed the ``small numbers'' and 
``specified geographical region'' limitations indicated above and 
amended the definition of ``harassment'' as it applies to a ``military 
readiness activity.'' The activity for which incidental take of marine 
mammals has been requested addressed here qualifies as a military 
readiness activity. The definitions of all applicable MMPA statutory 
terms cited above are included in the relevant sections below. The 
action constitutes a military readiness activity because these 
scientific research activities directly support the adequate and 
realistic testing of military equipment, vehicles, weapons, and sensors 
for proper operation and suitability for combat use by providing 
critical data on the changing natural and physical environment in which 
such materiel will be assessed and deployed. This scientific research 
also directly supports fleet training and operations by providing up to 
date information and data on the natural and physical environment 
essential to training and operations.

Summary of Request

    On April 25, 2019, NMFS received a request from ONR for an IHA to 
take marine mammals incidental to Arctic Research Activities in the 
Beaufort and Chukchi Seas. The application was deemed adequate and 
complete on July 16, 2019. ONR's request was for take of a small number 
of beluga whales (Delphinapterus leucas), bearded seals (Erignathus 
barbatus), and ringed seals (Pusa hispida hispida) by Level B 
harassment only. Neither ONR nor NMFS expects serious injury or 
mortality to result from this activity and, therefore, an IHA is 
appropriate.
    This IHA covers the second year of a larger project for which ONR 
obtained a prior IHA and intends to request take authorization for 
subsequent facets of the project. The larger three-year project 
involves several scientific objectives which support the Arctic and 
Global Prediction Program, as well as the Ocean Acoustics Program and 
the Naval Research Laboratory, for which ONR is the parent command. ONR 
complied with all the requirements (e.g., mitigation, monitoring, and 
reporting) of the previous IHA (83 FR 48799; September 27, 2019).

Description of Activity

Overview

    ONR's Arctic Research Activities include scientific experiments to 
be conducted in support of the Stratified Ocean Dynamics of the Arctic 
(SODA), Arctic Mobile Observing System (AMOS), Ocean Acoustics field 
work (including the Coordinated Arctic Active Tomography Experiment 
(CAATEX)), and Naval Research Laboratory experiments in the Beaufort 
and Chukchi Seas. The study area for the Arctic Research Activities is 
located in the U.S. Exclusive Economic Zone (EEZ) and the high seas 
north of Alaska (see Figure 1-1 in the IHA application). The total area 
of the study area is 835,860 square kilometers (km\2\) (322,727 square 
miles (mi\2\)).
    These experiments involve deployment of moored and ice-tethered 
active acoustic sources, primarily from the U.S Coast Guard Cutter 
(CGC) HEALY. CGC HEALY may also be required to perform icebreaking to 
deploy the acoustic sources in deep water. CGC HEALY will perform a 
research cruise for up to 60 days in September and October 2019 to 
deploy acoustic sources. A second, non-icebreaking ship may also 
perform a cruise of up to 30 days to deploy any remaining sources in 
the fall of 2019. A total of eight days of icebreaking are anticipated 
within the effective dates of this IHA to deploy and/or retrieve the 
northernmost sources. A subsequent research cruise of up to 60 days 
beginning in August 2020 to deploy and retrieve sources.
    A detailed description of the planned Arctic Research Activities is 
provided in the Federal Register notice of the proposed IHA (84 FR 
37240; July 31, 2019). Since that time, no changes have been made to 
the planned activities. Therefore, a detailed description is not 
provided here. Please refer to that Federal Register notice for the 
description of the specified activity.

Comments and Responses

    A notice of NMFS's proposal to issue an IHA to ONR was published in 
the Federal Register on July 31, 2019 (84 FR 37240). That notice 
described, in detail, ONR's activity, the marine mammal species that 
may be affected by the activity, and the anticipated effects on marine 
mammals. During the 30-day public comment period, NMFS received a 
comment from the Marine Mammal Commission (Commission).
    Comment 1: The Commission noted that the Navy used cutoff distances 
instead of relying on Bayesian biphasic dose response functions (BRFs) 
to inform take estimates. The Commission asserted that the cutoff 
distances used by the Navy are unsubstantiated and that the Navy 
arbitrarily set a cutoff distance of 10 kilometers (km) for pinnipeds, 
which could effectively eliminate a large portion of the estimated 
number of takes. The Commission, therefore, recommended that the Navy 
refrain from using cut-off distances in conjunction with the Bayesian 
BRFs.
    Response: We disagree with the Commission's recommendation. The 
derivation of the behavioral response functions and associated cutoff 
distances is provided in the Navy's Criteria and Thresholds for U.S. 
Navy Acoustic and Explosive Effects Analysis (Phase III) technical 
report (Navy 2017a). The consideration of proximity (distance cutoff) 
was part of criteria developed in consultation with NMFS and was 
applied within the Navy's BRF. Distance cutoffs beyond which the 
potential of significant behavioral responses were considered to be 
unlikely were used in conducting analysis for ONR's Arctic Research 
Activities. The Navy's BRF applied within these distances is an 
appropriate method for providing a realistic (but still conservative 
where some uncertainties exist) estimate of impact and potential take 
for these activities.
    Comment 2: The Commission informally noted that the potential for 
marine mammals to become entangled in the weather balloon parachutes 
was not addressed in the Federal Register notice of proposed IHA and 
should have been discounted appropriately.
    Response: The weather balloons being released could introduce the 
potential for entanglement following their descent; these balloons 
would consist of shredded debris from bursting balloons, a parachute 
used to slow the descent of the radiosonde, and all of the ropes and 
twine used to keep all of the components together (the radiosonde would 
be suspended 82-115 ft (25-35 m) below the balloon). The components 
from the weather balloons present the highest risk of entanglement. 
Balloon fragments would temporarily be deposited on the ice, until the 
ice melts and the materials would sink to the seafloor.
    Although there is a potential for entanglement from an expended 
material, the amount of materials expended will be low. Additionally, 
marine mammals are very mobile within the water column and are capable 
of avoiding debris. Although it is unknown whether animals will avoid 
this debris, a recent stranding report found that out of the 21 
reported seal strandings that occurred from human interaction in the 
Arctic regions, none were documented to be from entanglement (Savage 
2017). Therefore, based on the lack of evidence of previous pinniped 
entanglements in

[[Page 50009]]

this region and the very low amount of project materials capable of 
resulting in entanglement, the probability of marine mammals becoming 
entangled in project-related materials is extremely small, and thus 
take from entanglement in balloon materials is unlikely to occur.
    Comment 3: The Commission questioned whether the public notice 
provisions for IHA renewals fully satisfy the public notice and comment 
provision in the MMPA and discussed the potential burden on reviewers 
of reviewing key documents and developing comments quickly. 
Additionally, the Commission recommended that NMFS use the IHA Renewal 
process sparingly and selectively for activities expected to have the 
lowest levels of impacts to marine mammals and that require less 
complex analysis.
    Response: NMFS has responded to this comment in full in our Federal 
Register notice announcing the issuance of an IHA to Avangrid 
Renewables, and we refer the reader to that response (84 FR 31035; June 
28, 2019).

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history, of the potentially affected species. 
Additional information regarding population trends and threats may be 
found in NMFS's Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's 
website (https://www.fisheries.noaa.gov/find-species).
    Table 1 lists all species with expected potential for occurrence in 
the study area and summarizes information related to the population or 
stock, including regulatory status under the MMPA and ESA and potential 
biological removal (PBR), where known. For taxonomy, we follow 
Committee on Taxonomy (2018). PBR is defined by the MMPA as the maximum 
number of animals, not including natural mortalities, that may be 
removed from a marine mammal stock while allowing that stock to reach 
or maintain its optimum sustainable population (as described in NMFS's 
SARs). While no mortality is anticipated or authorized here, PBR and 
annual serious injury and mortality from anthropogenic sources are 
included here as gross indicators of the status of the species and 
other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS's stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All managed stocks in this region are assessed in 
NMFS's U.S. 2018 SARs (e.g., Muto et al., 2019, Carretta et al., 2019). 
All values presented in Table 1 are the most recent available at the 
time of publication and are available in the 2018 SARs (Muto et al., 
2019; Carretta et al., 2019).

                                         Table 1--Marine Mammal Species Potentially Present in the Project Area
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                                                                                         ESA/MMPA status;    Stock abundance  (CV,
             Common name                  Scientific name               Stock             strategic (Y/N)      Nmin, most recent       PBR     Annual M/
                                                                                                \1\          abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                          Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Eschrichtiidae:
    Gray whale......................  Eschrichtius robustus..  Eastern North Pacific..  -/-; N              26960 (0.05, 25,849,          801        135
                                                                                                             2016).
Family Balaenidae:
    Bowhead whale...................  Balaena mysticetus.....  Western Arctic.........  E/D; Y              16,820 (0.052, 16,100,        161         46
                                                                                                             2011).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Delphinidae:
    Beluga whale....................  Delphinapterus leucas..  Beaufort Sea...........  -/-; N              39,258 (0.229, N/A,           \4\        139
                                                                                                             1992).                    Undet.
    Beluga whale....................  Delphinapterus leucas..  Eastern Chukchi Sea....  -/-; N              20,752 (0.70, 12.194,         244         67
                                                                                                             2012).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Family Phocidae (earless seals):
    Bearded seal \5\................  Erignathus barbatus....  Alaska.................  T/D; Y              299,174 (-, 273,676,        8,210        557
                                                                                                             2013).
    Ribbon seal.....................  Histriophoca fasciata..  Alaska.................  -/-; N              184,697 (-, 163,086,        9,785        3.9
                                                                                                             2013).
    Ringed seal \5\.................  Pusa hispida hispida...  Alaska.................  T/D; Y              170,000 (-, 170,000,        5,100      1,054
                                                                                                             2013).
    Spotted seal....................  Phoca largha...........  Alaska.................  -/-; N              461,625 (-, 423,237,       12,697        329
                                                                                                             2013).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
  associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ The 2016 guidelines for preparing SARs state that abundance estimates older than 8 years should not be used to calculate PBR due to a decline in the
  reliability of an aged estimate. Therefore, the PBR for this stock is considered undetermined.

[[Page 50010]]

 
\5\ Abundances and associated values for bearded and ringed seals are for the U.S. population in the Bering Sea only.
Note: Italicized species are not expected to be taken and take is not authorized.

    A detailed description of the species likely to be affected by the 
Arctic Research Activities, including brief information regarding 
population trends and threats, and information regarding local 
occurrence, were provided in the Federal Register notice for the 
proposed IHA (84 FR 37240; July 31, 2019). Since that time, we are not 
aware of any changes in the status of these species and stocks; 
therefore, detailed descriptions are not provided here. Please refer to 
that Federal Register notice for those descriptions. Please also refer 
to NMFS' website (https://www.fisheries.noaa.gov/find-species) for 
generalized species accounts.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Current data indicate that not all marine 
mammal species have equal hearing capabilities (e.g., Richardson et 
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect 
this, Southall et al. (2007) recommended that marine mammals be divided 
into functional hearing groups based on directly measured or estimated 
hearing ranges on the basis of available behavioral response data, 
audiograms derived using auditory evoked potential techniques, 
anatomical modeling, and other data. Note that no direct measurements 
of hearing ability have been successfully completed for mysticetes 
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 dB 
threshold from the normalized composite audiograms, with the exception 
for lower limits for low-frequency cetaceans where the lower bound was 
deemed to be biologically implausible and the lower bound from Southall 
et al. (2007) retained. Marine mammal hearing groups and their 
associated hearing ranges are provided in Table 2.

                  Table 2--Marine Mammal Hearing Groups
                              [NMFS, 2018]
------------------------------------------------------------------------
            Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen  7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans          150 Hz to 160 kHz.
 (dolphins, toothed whales, beaked
 whales, bottlenose whales).
High-frequency (HF) cetaceans (true   275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 cephalorhynchid, Lagenorhynchus
 cruciger & L. australis).
Phocid pinnipeds (PW) (underwater)    50 Hz to 86 kHz.
 (true seals).
Otariid pinnipeds (OW) (underwater)   60 Hz to 39 kHz.
 (sea lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al. 2007) and PW pinniped (approximation).

    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of available information. 
Three marine mammal species (one cetacean and two pinniped (both 
phocid) species) have the reasonable potential to co-occur with the 
planned survey activities. Please refer to Table 1. Beluga whales are 
classified as mid-frequency cetaceans.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    The effects of underwater noise from the deployed acoustic sources, 
as well as icebreaking, have the potential to result in behavioral 
harassment of marine mammals in the vicinity of the study area. The 
Federal Register notice for the proposed IHA 84 FR 37240; July 31, 
2019) included a discussion of the effects of anthropogenic noise on 
marine mammals and their habitat, therefore that information is not 
repeated here; please refer to the Federal Register notice (84 FR 
37240; July 31, 2019) for that information.

Estimated Take

    This section provides an estimate of the number of incidental takes 
authorized through this IHA, which will inform both NMFS' consideration 
of ``small numbers'' and the negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. For this military readiness activity, the MMPA defines 
``harassment'' as (i) Any act that injures or has the significant 
potential to injure a marine mammal or marine mammal stock in the wild 
(Level A harassment); or (ii) Any act that disturbs or is likely to 
disturb a marine mammal or marine mammal stock in the wild by causing 
disruption of natural behavioral patterns, including, but not limited 
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to 
a point where such behavioral patterns are abandoned or significantly 
altered (Level B harassment).
    Authorized takes are by Level B harassment only, in the form of 
disruption of behavioral patterns and TTS for individual marine mammals 
resulting from exposure to acoustic transmissions and icebreaking 
noise. Based on the nature of the activity, Level A harassment is 
neither anticipated nor authorized.
    As described previously, no mortality is anticipated or authorized 
for this activity. Below we describe how the take is estimated.
    Generally speaking, we estimate take by considering: (1) Acoustic 
thresholds above which NMFS believes the best available science 
indicates marine mammals will be behaviorally harassed or incur some 
degree of permanent hearing impairment; (2) the area or volume of water 
that will be ensonified above these levels in a day; (3) the

[[Page 50011]]

density or occurrence of marine mammals within these ensonified areas; 
and, (4) and the number of days of activities. We note that while these 
basic factors can contribute to a basic calculation to provide an 
initial prediction of takes, additional information that can 
qualitatively inform take estimates is also sometimes available (e.g., 
previous monitoring results or average group size). For this IHA, ONR 
employed a sophisticated model known as the Navy Acoustic Effects Model 
(NAEMO) for assessing the impacts of underwater sound. Below, we 
describe the factors considered here in more detail and present the 
authorized take.

Acoustic Thresholds

    Using the best available science, NMFS has developed acoustic 
thresholds that identify the received level of underwater sound above 
which exposed marine mammals would be reasonably expected to be 
behaviorally harassed (equated to Level B harassment) or to incur PTS 
of some degree (equated to Level A harassment).
    Level B Harassment for non-explosive sources--In coordination with 
NMFS, the Navy developed behavioral thresholds to support environmental 
analyses for the Navy's testing and training military readiness 
activities utilizing active sonar sources; these behavioral harassment 
thresholds are used here to evaluate the potential effects of the 
active sonar components of the planned action. The response of a marine 
mammal to an anthropogenic sound will depend on the frequency, 
duration, temporal pattern and amplitude of the sound as well as the 
animal's prior experience with the sound and the context in which the 
sound is encountered (i.e., what the animal is doing at the time of the 
exposure). The distance from the sound source and whether it is 
perceived as approaching or moving away can also affect the way an 
animal responds to a sound (Wartzok et al. 2003). For marine mammals, a 
review of responses to anthropogenic sound was first conducted by 
Richardson et al. (1995). Reviews by Nowacek et al. (2007) and Southall 
et al. (2007) address studies conducted since 1995 and focus on 
observations where the received sound level of the exposed marine 
mammal(s) was known or could be estimated.
    Multi-year research efforts have conducted sonar exposure studies 
for odontocetes and mysticetes (Miller et al. 2012; Sivle et al. 2012). 
Several studies with captive animals have provided data under 
controlled circumstances for odontocetes and pinnipeds (Houser et al. 
2013a; Houser et al. 2013b). Moretti et al. (2014) published a beaked 
whale dose-response curve based on passive acoustic monitoring of 
beaked whales during U.S. Navy training activity at Atlantic Underwater 
Test and Evaluation Center during actual Anti-Submarine Warfare 
exercises. This new information necessitated the update of the 
behavioral response criteria for the U.S. Navy's environmental 
analyses.
    Southall et al. (2007) synthesized data from many past behavioral 
studies and observations to determine the likelihood of behavioral 
reactions at specific sound levels. While in general, the louder the 
sound source the more intense the behavioral response, it was clear 
that the proximity of a sound source and the animal's experience, 
motivation, and conditioning were also critical factors influencing the 
response (Southall et al. 2007). After examining all of the available 
data, the authors felt that the derivation of thresholds for behavioral 
response based solely on exposure level was not supported because 
context of the animal at the time of sound exposure was an important 
factor in estimating response. Nonetheless, in some conditions, 
consistent avoidance reactions were noted at higher sound levels 
depending on the marine mammal species or group allowing conclusions to 
be drawn. Phocid seals showed avoidance reactions at or below 190 dB re 
1 [micro]Pa at 1m; thus, seals may actually receive levels adequate to 
produce TTS before avoiding the source.
    Odontocete behavioral criteria for non-impulsive sources were 
updated based on controlled exposure studies for dolphins and sea 
mammals, sonar, and safety (3S) studies where odontocete behavioral 
responses were reported after exposure to sonar (Antunes et al., 2014; 
Houser et al., 2013b); Miller et al., 2011; Miller et al., 2014; Miller 
et al., 2012). For the 3S study the sonar outputs included 1-2 kHz up- 
and down-sweeps and 6-7 kHz up-sweeps; source levels were ramped up 
from 152-158 dB re 1 [micro]Pa to a maximum of 198-214 re 1 [micro]Pa 
at 1 m. Sonar signals were ramped up over several pings while the 
vessel approached the mammals. The study did include some control 
passes of ships with the sonar off to discern the behavioral responses 
of the mammals to vessel presence alone versus active sonar.
    The controlled exposure studies included exposing the Navy's 
trained bottlenose dolphins to mid-frequency sonar while they were in a 
pen. Mid-frequency sonar was played at 6 different exposure levels from 
125-185 dB re 1 [micro]Pa (rms). The behavioral response function for 
odontocetes resulting from the studies described above has a 50 percent 
probability of response at 157 dB re 1 [micro]Pa. Additionally, 
distance cutoffs (20 km for MF cetaceans) were applied to exclude 
exposures beyond which the potential of significant behavioral 
responses is considered to be unlikely.
    The pinniped behavioral threshold was updated based on controlled 
exposure experiments on the following captive animals: Hooded seal, 
gray seal, and California sea lion (G[ouml]tz et al. 2010; Houser et 
al. 2013a; Kvadsheim et al. 2010). Hooded seals were exposed to 
increasing levels of sonar until an avoidance response was observed, 
while the grey seals were exposed first to a single received level 
multiple times, then an increasing received level. Each individual 
California sea lion was exposed to the same received level ten times. 
These exposure sessions were combined into a single response value, 
with an overall response assumed if an animal responded in any single 
session. The resulting behavioral response function for pinnipeds has a 
50 percent probability of response at 166 dB re 1 [micro]Pa. 
Additionally, distance cutoffs (10 km for pinnipeds) were applied to 
exclude exposures beyond which the potential of significant behavioral 
responses is considered to be unlikely.
    NMFS adopted the Navy's approach to estimating incidental take by 
Level B harassment from the active acoustic sources for this action, 
which includes use of these dose response functions. The Navy's dose 
response functions were developed to estimate take from sonar and 
similar transducers and are not applicable to icebreaking. NMFS 
predicts that marine mammals are likely to be behaviorally harassed in 
a manner we consider Level B harassment when exposed to underwater 
anthropogenic noise above received levels of 120 dB re 1 [micro]Pa 
(rms) for continuous (e.g., vibratory pile-driving, drilling, 
icebreaking) and above 160 dB re 1 [micro]Pa (rms) for non-explosive 
impulsive (e.g., seismic airguns) or intermittent (e.g., scientific 
sonar) sources. Thus, take of marine mammals by Level B harassment due 
to icebreaking has been calculated using the Navy's NAEMO model with a 
step-function at 120 dB re 1 [micro]Pa (rms) received level for 
behavioral response.
    Level A harassment for non-explosive sources--NMFS' Technical 
Guidance for Assessing the Effects of Anthropogenic Sound on Marine 
Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual 
criteria to assess auditory injury (Level A harassment) to five 
different marine mammal groups (based on hearing sensitivity) as a 
result of

[[Page 50012]]

exposure to noise from two different types of sources (impulsive or 
non-impulsive). ONR's activities involve only non-impulsive sources.
    These thresholds are provided in the table below. The references, 
analysis, and methodology used in the development of the thresholds are 
described in NMFS 2018 Technical Guidance, which may be accessed at 
https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.

                     Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
                                                     PTS onset acoustic thresholds * (Received level)
             Hearing group              ------------------------------------------------------------------------
                                                  Impulsive                         Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans...........  Cell 1: Lpk,flat: 219 dB;   Cell 2: LE,LF,24h: 199 dB.
                                          LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans...........  Cell 3: Lpk,flat: 230 dB;   Cell 4: LE,MF,24h: 198 dB.
                                          LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans..........  Cell 5: Lpk,flat: 202 dB;   Cell 6: LE,HF,24h: 173 dB.
                                          LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater).....  Cell 7: Lpk,flat: 218 dB;   Cell 8: LE,PW,24h: 201 dB.
                                          LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater)....  Cell 9: Lpk,flat: 232 dB;   Cell 10: LE,OW,24h: 219 dB.
                                          LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
  calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
  thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
  has a reference value of 1 [micro]Pa\2\s. In this Table, thresholds are abbreviated to reflect American
  National Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as
  incorporating frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript
  ``flat'' is being included to indicate peak sound pressure should be flat weighted or unweighted within the
  generalized hearing range. The subscript associated with cumulative sound exposure level thresholds indicates
  the designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds)
  and that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could
  be exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible,
  it is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
  exceeded.

Quantitative Modeling

    The Navy performed a quantitative analysis to estimate the number 
of mammals that could be harassed by the underwater acoustic 
transmissions during the planned action. Inputs to the quantitative 
analysis included marine mammal density estimates, marine mammal depth 
occurrence distributions (Navy 2017a), oceanographic and environmental 
data, marine mammal hearing data, and criteria and thresholds for 
levels of potential effects. The quantitative analysis consists of 
computer modeled estimates and a post-model analysis to determine the 
number of potential animal exposures. The model calculates sound energy 
propagation from the planned non-impulsive acoustic sources and 
icebreaking, the sound received by animat (virtual animal) dosimeters 
representing marine mammals distributed in the area around the modeled 
activity, and whether the sound received by animats exceeds the 
thresholds for effects.
    The Navy developed a set of software tools and compiled data for 
estimating acoustic effects on marine mammals without consideration of 
behavioral avoidance or mitigation. These tools and data sets serve as 
integral components of NAEMO. In NAEMO, animats are distributed non-
uniformly based on species-specific density, depth distribution, and 
group size information and animats record energy received at their 
location in the water column. A fully three-dimensional environment is 
used for calculating sound propagation and animat exposure in NAEMO. 
Site-specific bathymetry, sound speed profiles, wind speed, and bottom 
properties are incorporated into the propagation modeling process. 
NAEMO calculates the likely propagation for various levels of energy 
(sound or pressure) resulting from each source used during the training 
event.
    NAEMO then records the energy received by each animat within the 
energy footprint of the event and calculates the number of animats 
having received levels of energy exposures that fall within defined 
impact thresholds. Predicted effects on the animats within a scenario 
are then tallied and the highest order effect (based on severity of 
criteria; e.g., PTS over TTS) predicted for a given animat is assumed. 
Each scenario, or each 24-hour period for scenarios lasting greater 
than 24 hours (which NMFS recommends in order to ensure more consistent 
quantification of take across actions), is independent of all others, 
and therefore, the same individual marine animal (as represented by an 
animat in the model environment) could be impacted during each 
independent scenario or 24-hour period. In few instances, although the 
activities themselves all occur within the study area, sound may 
propagate beyond the boundary of the study area. Any exposures 
occurring outside the boundary of the study area are counted as if they 
occurred within the study area boundary. NAEMO provides the initial 
estimated impacts on marine species with a static horizontal 
distribution (i.e., animats in the model environment do not move 
horizontally).
    There are limitations to the data used in the acoustic effects 
model, and the results must be interpreted within this context. While 
the best available data and appropriate input assumptions have been 
used in the modeling, when there is a lack of definitive data to 
support an aspect of the modeling, conservative modeling assumptions 
have been chosen (i.e., assumptions that may result in an overestimate 
of acoustic exposures):
     Animats are modeled as being underwater, stationary, and 
facing the source and therefore always predicted to receive the maximum 
potential sound level at a given location (i.e., no porpoising or 
pinnipeds' heads above water);
     Animats do not move horizontally (but change their 
position vertically within the water column), which may overestimate 
physiological effects such as hearing loss, especially for slow moving 
or stationary sound sources in the model;
     Animats are stationary horizontally and therefore do not 
avoid the sound source, unlike in the wild where animals would most 
often avoid exposures at higher sound levels, especially those 
exposures that may result in PTS;
     Multiple exposures within any 24-hour period are 
considered one continuous exposure for the purposes of calculating 
potential threshold shift, because there are not sufficient data to

[[Page 50013]]

estimate a hearing recovery function for the time between exposures; 
and
     Mitigation measures were not considered in the model. In 
reality, sound-producing activities would be reduced, stopped, or 
delayed if marine mammals are detected by visual monitoring.
    Because of these inherent model limitations and simplifications, 
model-estimated results should be further analyzed, considering such 
factors as the range to specific effects, avoidance, and the likelihood 
of successfully implementing mitigation measures. This analysis uses a 
number of factors in addition to the acoustic model results to predict 
acoustic effects on marine mammals.
    The underwater radiated noise signature for icebreaking in the 
central Arctic Ocean by CGC HEALY during different types of ice-cover 
was characterized in Roth et al. (2013). The radiated noise signatures 
were characterized for various fractions of ice cover. For modeling, 
the 8/10 ice cover was used. Each modeled day of icebreaking consisted 
of 6 hours of 8/10 ice cover. Icebreaking was modeled for eight days 
for each of the 2019 and 2020 cruises. For each cruise, this includes 
four days of icebreaking for the deployment (or recovery) of the VLF 
source and four days of icebreaking for the deployment (or recovery) of 
the northernmost navigation sources. Since ice forecasting cannot be 
predicted more than a few weeks in advance it is unknown if icebreaking 
would be needed to deploy or retrieve the sources after one year of 
transmitting. Therefore, icebreaking was conservatively analyzed within 
this IHA. Figure 5a and 5b in Roth et al. (2013) depicts the source 
spectrum level versus frequency for 8/10 ice cover. The sound signature 
of the ice coverage level was broken into 1-octave bins (Table 4). In 
the model, each bin was included as a separate source on the modeled 
vessel. When these independent sources go active concurrently, they 
simulate the sound signature of CGC HEALY. The modeled source level 
summed across these bins was 196.2 dB for the 8/10 signature ice 
signature. These source levels are a good approximation of the 
icebreaker's observed source level (provided in Figure 4b of Roth et 
al. (2013)). Each frequency and source level was modeled as an 
independent source, and applied simultaneously to all of the animats 
within NAEMO. Each second was summed across frequency to estimate sound 
pressure level (root mean square (SPLRMS)). For PTS and TTS 
determinations, sound exposure levels were summed over the duration of 
the test and the transit to the deployment area. The method of 
quantitative modeling for icebreaking is considered to be a 
conservative approach; therefore, the number of takes estimated for 
icebreaking are likely an over-estimate and would not be expected.

 Table 4--Modeled Bins for Icebreaking in 8/10 Ice Coverage on CGC HEALY
------------------------------------------------------------------------
                                                           Source level
                     Frequency  (Hz)                           (dB)
------------------------------------------------------------------------
25......................................................             189
50......................................................             188
100.....................................................             189
200.....................................................             190
400.....................................................             188
800.....................................................             183
1600....................................................             177
3200....................................................             176
6400....................................................             172
12800...................................................             167
------------------------------------------------------------------------

    For the other non-impulsive sources, NAEMO calculates the SPL and 
SEL for each active emission during an event. This is done by taking 
the following factors into account over the propagation paths: 
Bathymetric relief and bottom types, sound speed, and attenuation 
contributors such as absorption, bottom loss, and surface loss. 
Platforms such as a ship using one or more sound sources are modeled in 
accordance with relevant vehicle dynamics and time durations by moving 
them across an area whose size is representative of the testing event's 
operational area. Table 5 provides range to effects for non-impulsive 
sources and icebreaking noise planned for the Arctic research 
activities to mid-frequency cetacean and pinniped specific criteria. 
Marine mammals within these ranges would be predicted to receive the 
associated effect. Range to effects is important information in not 
only predicting non-impulsive acoustic impacts, but also in verifying 
the accuracy of model results against real-world situations and 
determining adequate mitigation ranges to avoid higher level effects, 
especially physiological effects in marine mammals. Therefore, the 
ranges in Table 5 provide realistic maximum distances over which the 
specific effects from the use of non-impulsive sources during the 
planned action would be possible.

                                          Table 5--Range to PTS, TTS, and Behavioral Effects in the Study Area
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Range to behavioral effects      Range to TTS effects  (m)       Range to PTS effects  (m)
                                                                        (m)              ---------------------------------------------------------------
                         Source                          --------------------------------
                                                            MF cetacean      Pinniped       MF cetacean      Pinniped       MF cetacean      Pinniped
--------------------------------------------------------------------------------------------------------------------------------------------------------
Navigation and real-time sensing sources................      \a\ 20,000      \a\ 10,000               0               6               0               0
Spiral Wave Beacon source...............................      \a\ 20,000      \a\ 10,000               0               0               0               0
Icebreaking noise.......................................           4,275           4,525               3              12               0               0
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Cutoff distances applied.

    A behavioral response study conducted on and around the Navy range 
in Southern California (SOCAL BRS) observed reactions to sonar and 
similar sound sources by several marine mammal species, including 
Risso's dolphins (Grampus griseus), a mid-frequency cetacean (DeRuiter 
et al., 2013; Goldbogen et al., 2013; Southall et al., 2011; Southall 
et al., 2012; Southall et al., 2013; Southall et al., 2014). In 
preliminary analysis, none of the Risso's dolphins exposed to simulated 
or real mid-frequency sonar demonstrated any overt or obvious responses 
(Southall et al., 2012, Southall et al., 2013). In general, although 
the responses to the simulated sonar were varied across individuals and 
species, none of the animals exposed to real Navy sonar responded; 
these exposures occurred at distances beyond 10 km, and were up to 100 
km away (DeRuiter et al., 2013; B. Southall pers. comm.). These data 
suggest that most odontocetes (not including beaked whales and harbor 
porpoises) likely do not exhibit

[[Page 50014]]

significant behavioral reactions to sonar and other transducers beyond 
approximately 10 km. Therefore, the Navy uses a cutoff distance for 
odontocetes of 10 km for moderate source level, single platform 
training and testing events, and 20 km for all other events, including 
the Arctic Research Activities (Navy 2017a).
    Southall et al. (2007) report that pinnipeds do not exhibit strong 
reactions to SPLs up to 140 dB re 1 [micro]Pa from non-impulsive 
sources. While there are limited data on pinniped behavioral responses 
beyond about 3 km in the water, the Navy uses a distance cutoff of 5 km 
for moderate source level, single platform training and testing events, 
and 10 km for all other events, including the Arctic Research 
Activities (Navy 2017a).
    NMFS and the Navy conservatively implemented a distance cutoff of 
10 km for pinnipeds, and 20 km for mid-frequency cetaceans (Navy 
2017a). Regardless of the received level at that distance, take is not 
estimated to occur beyond 10 and 20 km from the source for pinnipeds 
and cetaceans, respectively. Sources that show a range of zero do not 
rise to the specified level of effects (i.e., there is no chance of PTS 
for either MF cetaceans or pinnipeds from any of the sources). No 
instances of PTS were modeled for any species or stock; as such, no 
take by Level A harassment is anticipated or authorized.
    As discussed above, within NAEMO animats do not move horizontally 
or react in any way to avoid sound. Furthermore, mitigation measures 
that reduce the likelihood of physiological impacts are not considered 
in quantitative analysis. Therefore, the model may overestimate 
acoustic impacts, especially physiological impacts near the sound 
source. The behavioral criteria used as a part of this analysis 
acknowledges that a behavioral reaction is likely to occur at levels 
below those required to cause hearing loss. At close ranges and high 
sound levels approaching those that could cause PTS, avoidance of the 
area immediately around the sound source is the assumed behavioral 
response for most cases.
    In previous environmental analyses, the Navy has implemented 
analytical factors to account for avoidance behavior and the 
implementation of mitigation measures. The application of avoidance and 
mitigation factors has only been applied to model-estimated PTS 
exposures given the short distance over which PTS is estimated. Given 
that no PTS exposures were estimated during the modeling process for 
this planned action, the quantitative consideration of avoidance and 
mitigation factors were not included in this analysis.
    The marine mammal density numbers utilized for quantitative 
modeling are from the Navy Marine Species Density Database (Navy 2014). 
Density estimates are based on habitat-based modeling by Kaschner et 
al. (2006) and Kaschner (2004). While density estimates for the two 
stocks of beluga whales are equal (Kaschner et al., 2006; Kaschner 
2004), take has been apportioned to each stock proportional to the 
abundance of each stock. Table 6 shows the exposures expected for the 
beluga whale, bearded seal, and ringed seal based on NAEMO modeled 
results.

                                              Table 6--Quantitative Modeling Results of Potential Exposures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Density
                                                             estimate         Level B         Level B
                                                           within study     harassment      harassment        Level A          Total       Percentage of
                         Species                          area  (animals   from deployed       from         harassment      authorized      stock taken
                                                            per  square       sources       icebreaking                        take
                                                              km) \a\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Beluga Whale (Beaufort Sea Stock).......................          0.0087             331              32               0             363            0.92
Beluga Whale (Eastern Chukchi Sea stock)................          0.0087             178              18               0             196            0.94
Bearded Seal............................................          0.0332               0               0               0           \b\ 5           <0.01
Ringed Seal.............................................          0.3760           6,773           1,072               0           7,845            2.17
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Kaschner et al. (2006); Kaschner (2004).
\b\ Quantitative modeling yielded zero takes of bearded seals. However, in an abundance of caution, we are proposing to authorize five takes of bearded
  seals by Level B harassment.

Effects of Specified Activities on Subsistence Uses of Marine Mammals

    Subsistence hunting is important for many Alaska Native 
communities. A study of the North Slope villages of Nuiqsut, Kaktovik, 
and Barrow identified the primary resources used for subsistence and 
the locations for harvest (Stephen R. Braund & Associates 2010), 
including terrestrial mammals (caribou, moose, wolf, and wolverine), 
birds (geese and eider), fish (Arctic cisco, Arctic char/Dolly Varden 
trout, and broad whitefish), and marine mammals (bowhead whale, ringed 
seal, bearded seal, and walrus). Bearded seals, ringed seals, and 
beluga whales are located within the study area during the planned 
action. The permitted sources would be placed outside of the range for 
subsistence hunting and the study plans have been communicated to 
communities and tribes in the area, including the Alaska Eskimo Whaling 
Commission (AEWC) and the Arctic Waterways Safety Committee (AWSC). The 
closest active acoustic source within the study area (aside from the de 
minimis sources), is approximately 145 mi (233 km) from land. As stated 
above, the range to effects for non-impulsive acoustic sources in this 
experiment is much smaller than the distance from shore. In addition, 
the planned action would not remove individuals from the population. 
Therefore, there would be no impacts caused by this action to the 
availability of bearded seal, ringed seal, or beluga whale for 
subsistence hunting. Therefore, subsistence uses of marine mammals are 
not expected to be impacted by the planned action.

Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to such 
activity, and other means of effecting the least practicable impact on 
such species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of such species or stock for taking for certain 
subsistence uses. NMFS

[[Page 50015]]

regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks and their habitat (50 CFR 
216.104(a)(11)). The NDAA for FY 2004 amended the MMPA as it relates to 
military readiness activities and the incidental take authorization 
process such that ``least practicable impact'' shall include 
consideration of personnel safety, practicality of implementation, and 
impact on the effectiveness of the military readiness activity.
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully consider two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat, as 
well as subsistence uses. This considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range). It further 
considers the likelihood that the measure will be effective if 
implemented (probability of accomplishing the mitigating result if 
implemented as planned), the likelihood of effective implementation 
(probability implemented as planned); and
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost, impact on 
operations, and, in the case of a military readiness activity, 
personnel safety, practicality of implementation, and impact on the 
effectiveness of the military readiness activity.

Mitigation for Marine Mammals and their Habitat

    Ships operated by or for the Navy have personnel assigned to stand 
watch at all times, day and night, when moving through the water. While 
in transit, ships must use extreme caution and proceed at a safe speed 
such that the ship can take proper and effective action to avoid a 
collision with any marine mammal and can be stopped within a distance 
appropriate to the prevailing circumstances and conditions.
    During navigational source deployments, visual observation must 
start 30 minutes prior to and continue throughout the deployment within 
an exclusion zone of 55 m (180 ft, roughly one ship length) around the 
deployed mooring. Deployment must stop if a marine mammal is visually 
detected within the exclusion zone. Deployment will re-commence if any 
one of the following conditions are met: (1) The animal is observed 
exiting the exclusion zone, (2) the animal is thought to have exited 
the exclusion zone based on its course and speed, or (3) the exclusion 
zone has been clear from any additional sightings for a period of 15 
minutes for pinnipeds and 30 minutes for cetaceans. Visual monitoring 
must continue through 30 minutes following the deployment of sources.
    Once deployed, the spiral wave beacon would transmit for five days. 
The ship will maintain position near the moored source and must monitor 
the surrounding area for marine mammals. Transmission must cease if a 
marine mammal enters a 55-m (180 ft) exclusion zone. Transmission will 
re-commence if any one of the following conditions are met: (1) The 
animal is observed exiting the exclusion zone, (2) the animal is 
thought to have exited the exclusion zone based on its course and speed 
and relative motion between the animal and the source, or (3) the 
exclusion zone has been clear from any additional sightings for a 
period of 15 minutes for pinnipeds and 30 minutes for cetaceans. The 
spiral wave beacon source will only transmit during daylight hours.
    Ships must avoid approaching marine mammals head on and would 
maneuver to maintain an exclusion zone of 1,500 ft (457 m) around 
observed mysticete whales, and 600 ft (183 m) around all other marine 
mammals, provided it is safe to do so in ice free waters.
    With the exception of the spiral wave beacon, moored/drifting 
sources are left in place and cannot be turned off until the following 
year during ice free months. Once they are programmed they will operate 
at the specified pulse lengths and duty cycles until they are either 
turned off the following year or there is failure of the battery and 
are not able to operate. Due to the ice covered nature of the Arctic it 
is not possible to recover the sources or interfere with their transmit 
operations in the middle of the deployment.
    These requirements do not apply if a vessel's safety is at risk, 
such as when a change of course would create an imminent and serious 
threat to safety, person, vessel, or aircraft, and to the extent 
vessels are restricted in their ability to maneuver. No further action 
is necessary if a marine mammal other than a whale continues to 
approach the vessel after there has already been one maneuver and/or 
speed change to avoid the animal. Avoidance measures should continue 
for any observed whale in order to maintain an exclusion zone of 1,500 
ft (457 m).
    All ships are required to coordinate with the AEWC using 
established check-in and communication procedures when vessels approach 
subsistence hunting areas.
    All personnel conducting on-ice experiments, as well as all 
aircraft operating in the study area, are required to maintain a 
separation distance of 1,000 ft (305 m) from any sighted marine mammal.
    NMFS has determined that the mitigation measures provide the means 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, areas of similar significance, and on the availability 
of such species or stock for subsistence uses.

Monitoring and Reporting

    In order to issue an IHA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present in the 
action area. Effective reporting is critical both to compliance as well 
as ensuring that the most value is obtained from the required 
monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the action; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);

[[Page 50016]]

     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and
     Mitigation and monitoring effectiveness.
    While underway, the ships (including non-Navy ships operating on 
behalf of the Navy) utilizing active acoustics must have at least one 
watch person during activities. Watch personnel undertake extensive 
training in accordance with the U.S. Navy Lookout Training Handbook or 
civilian equivalent, including on the job instruction and a formal 
Personal Qualification Standard program (or equivalent program for 
supporting contractors or civilians), to certify that they have 
demonstrated all necessary skills (such as detection and reporting of 
floating or partially submerged objects). Additionally, watch personnel 
have taken the Navy's Marine Species Awareness Training. Their duties 
may be performed in conjunction with other job responsibilities, such 
as navigating the ship or supervising other personnel. While on watch, 
personnel employ visual search techniques, including the use of 
binoculars, using a scanning method in accordance with the U.S. Navy 
Lookout Training Handbook or civilian equivalent. A primary duty of 
watch personnel is to detect and report all objects and disturbances 
sighted in the water that may be indicative of a threat to the ship and 
its crew, such as debris, or surface disturbance. Per safety 
requirements, watch personnel also report any marine mammals sighted 
that have the potential to be in the direct path of the ship as a 
standard collision avoidance procedure.
    The U.S. Navy has coordinated with NMFS to develop an overarching 
program plan in which specific monitoring would occur. This plan is 
called the Integrated Comprehensive Monitoring Program (ICMP) (Navy 
2011). The ICMP has been developed in direct response to Navy 
permitting requirements established through various environmental 
compliance efforts. As a framework document, the ICMP applies by 
regulation to those activities on ranges and operating areas for which 
the Navy is seeking or has sought incidental take authorizations. The 
ICMP is intended to coordinate monitoring efforts across all regions 
and to allocate the most appropriate level and type of effort based on 
a set of standardized research goals, and in acknowledgement of 
regional scientific value and resource availability.
    The ICMP is focused on Navy training and testing ranges where the 
majority of Navy activities occur regularly as those areas have the 
greatest potential for being impacted. ONR's Arctic Research Activities 
in comparison is a less intensive test with little human activity 
present in the Arctic. Human presence is limited to a minimal amount of 
days for source operations and source deployments, in contrast to the 
large majority (>95%) of time that the sources will be left behind and 
operate autonomously. Therefore, a dedicated monitoring project is not 
warranted. However, ONR is required to record all observations of 
marine mammals, including the marine mammal's location (latitude and 
longitude), behavior, and distance from project activities, including 
icebreaking.
    The Navy is committed to documenting and reporting relevant aspects 
of research and testing activities to verify implementation of 
mitigation, comply with permits, and improve future environmental 
assessments. If any injury or death of a marine mammal is observed 
during the 2019-20 Arctic Research Activities, the Navy must 
immediately halt the activity and report the incident to the Office of 
Protected Resources, NMFS, and the Alaska Regional Stranding 
Coordinator, NMFS. The following information must be provided:
     Time, date, and location of the discovery;
     Species identification (if known) or description of the 
animal(s) involved;
     Condition of the animal(s) (including carcass condition if 
the animal is dead);
     Observed behaviors of the animal(s), if alive;
     If available, photographs or video footage of the 
animal(s); and
     General circumstances under which the animal(s) was 
discovered (e.g., during use of towed acoustic sources, deployment of 
moored or drifting sources, during on-ice experiments, or by transiting 
vessel).
    ONR is required to provide NMFS with a draft exercise monitoring 
report within 90 days of the conclusion of the planned activity. The 
draft exercise monitoring report must include data regarding acoustic 
source use, the number of shutdowns during monitoring, any marine 
mammal sightings (including the marine mammal's location (latitude and 
longitude)), and the number of individuals of each species observed 
during source deployment and operation, their behavior and distance 
from project activities (including icebreaking), and estimates of the 
total number of marine mammals taken, by species (including takes that 
occurred beyond the observable area). If no comments are received from 
NMFS within 30 days of submission of the draft final report, the draft 
final report will constitute the final report. If comments are 
received, a final report must be submitted within 30 days after receipt 
of comments.

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact 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 (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any responses (e.g., intensity, duration), the context 
of any responses (e.g., critical reproductive time or location, 
migration), as well as effects on habitat, and the likely effectiveness 
of the mitigation. We also assess the number, intensity, and context of 
estimated takes by evaluating this information relative to population 
status. Consistent with the 1989 preamble for NMFS's implementing 
regulations (54 FR 40338; September 29, 1989), the impacts from other 
past and ongoing anthropogenic activities are incorporated into this 
analysis via their impacts on the environmental baseline (e.g., as 
reflected in the regulatory status of the species, population size and 
growth rate where known, ongoing sources of human-caused mortality, or 
ambient noise levels).
    Underwater acoustic transmissions associated with the Arctic 
Research Activities, as outlined previously, have the potential to 
result in Level B harassment of beluga whales, ringed seals, and 
bearded seals in the form of TTS and behavioral disturbance. No serious 
injury, mortality, or Level A

[[Page 50017]]

harassment are anticipated to result from this activity.
    Minimal takes of marine mammals by Level B harassment would be due 
to TTS since the range to TTS effects is small at only 12 m or less 
while the behavioral effects range is significantly larger extending up 
to 20 km (Table 5). TTS is a temporary impairment of hearing and can 
last from minutes or hours to days (in cases of strong TTS). In many 
cases, however, hearing sensitivity recovers rapidly after exposure to 
the sound ends, which is expected here, given the anticipated magnitude 
and duration of any potential exposures. No takes from TTS were 
modeled, but if TTS did occur, the overall fitness of the individual is 
unlikely to be affected and negative impacts to the relevant stock are 
not anticipated.
    Effects on individuals that are taken by Level B harassment could 
include alteration of dive behavior, alteration of foraging behavior, 
effects to breathing rates, interference with or alteration of 
vocalization, avoidance, and flight. More severe behavioral responses 
are not anticipated due to the localized, intermittent use of active 
acoustic sources. Most likely, individuals will simply be temporarily 
displaced by moving away from the sound source. As described previously 
in the behavioral effects section, seals exposed to non-impulsive 
sources with a received sound pressure level within the range of 
calculated exposures (142-193 dB re 1 [micro]Pa), have been shown to 
change their behavior by modifying diving activity and avoidance of the 
sound source (G[ouml]tz et al., 2010; Kvadsheim et al., 2010). Although 
a minor change to a behavior may occur as a result of exposure to the 
sound sources associated with the planned action, these changes would 
be within the normal range of behaviors for the animal (e.g., the use 
of a breathing hole further from the source, rather than one closer to 
the source, would be within the normal range of behavior). Thus, even 
repeated Level B harassment of some small subset of the overall stock 
is unlikely to result in any significant realized decrease in fitness 
for the affected individuals, and would not result in any adverse 
impact to the stock as a whole.
    The project is not expected to have significant adverse effects on 
marine mammal habitat. While the activities may cause some fish to 
leave the area of disturbance, temporarily impacting marine mammals' 
foraging opportunities, this would encompass a relatively small area of 
habitat leaving large areas of existing fish and marine mammal foraging 
habitat unaffected. The planned project and associated impacts do not 
occur in any known Biologically Important Areas (BIAs). Icebreaking may 
temporarily affect the availability of pack ice for seals to haul out 
but the proportion of ice disturbed is small relative to the overall 
amount of available ice habitat. Icebreaking will not occur during the 
time of year when ringed seals are expected to be within subnivean 
lairs or pupping (Chapskii 1940; McLaren 1958; Smith and Stirling 
1975). As such, the impacts to marine mammal habitat are not expected 
to cause significant or long-term negative consequences.
    In summary and as described above, the following factors primarily 
support our determination that the impacts resulting from this activity 
are not expected to adversely affect the species or stock through 
effects on annual rates of recruitment or survival:
     No mortality is anticipated or authorized;
     Impacts will be limited to Level B harassment;
     Takes by Level B harassment will primarily be in the form 
of low level behavioral disturbance over a short duration;
     The project and associated impacts are not occurring in 
any known BIAs; and
     There will be no permanent or significant loss or 
modification of marine mammal prey or habitat.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the required monitoring and 
mitigation measures, NMFS finds that the total marine mammal take from 
the planned activity will have a negligible impact on all affected 
marine mammal species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    Impacts to subsistence uses of marine mammals resulting from the 
planned action are not anticipated. The closest active acoustic source 
within the study area is approximately 145 mi (233 km) from land, 
outside of known subsistence use areas. Based on this information, NMFS 
has determined that there will be no unmitigable adverse impact on 
subsistence uses from ONR's planned activities.

National Environmental Policy Act

    In compliance with the National Environmental Policy Act (NEPA) of 
1969 (42 U.S.C. 4321 et seq.), as implemented by the regulations 
published by the Council on Environmental Quality (CEQ; 40 CFR parts 
1500-1508), ONR prepared an Overseas Environmental Assessment (OEA) to 
consider the direct, indirect, and cumulative effects to the human 
environment resulting from the Arctic Research Activities. NMFS made 
ONR's OEA available to the public for review and comment, concurrently 
with the publication of the proposed IHA, on the NMFS website (at 
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act), in relation to its suitability for 
adoption by NMFS in order to assess the impacts to the human 
environment of issuance of an IHA to ONR. Also in compliance with NEPA 
and the CEQ regulations, as well as NOAA Administrative Order 216-6, 
NMFS has reviewed ONR's OEA, determined it to be sufficient, and 
adopted that EA and signed a Finding of No Significant Impact (FONSI) 
on September 9, 2019.

Endangered Species Act (ESA)

    Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) requires that each Federal agency insure that any action 
it authorizes, funds, or carries out is not likely to jeopardize the 
continued existence of any endangered or threatened species or result 
in the destruction or adverse modification of designated critical 
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS 
consults internally, in this case with the NMFS Alaska Regional Office 
(AKR), whenever we propose to authorize take for endangered or 
threatened species.
    The AKR issued a Biological Opinion on August 27, 2019, which 
concluded that ONR's Arctic Research Activities and NMFS's issuance of 
an IHA for those activities are not likely to jeopardize the continued 
existence of the Beringia DPS bearded seal or Arctic ringed seal or 
adversely modify any designated critical habitat.

Authorization

    As a result of these determinations, NMFS has issued an IHA to the 
U.S. Navy's ONR for conducting Arctic Research Activities in the 
Beaufort and Chukchi Seas, provided the previously mentioned 
mitigation, monitoring, and reporting requirements are incorporated.

    Dated: September 18, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2019-20605 Filed 9-23-19; 8:45 am]
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