Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities, 41560-41565 [2020-14731]
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Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices
materials or conversion to judicial
protective order is hereby requested.
Failure to comply with the regulations
and terms of an APO is a violation
which is subject to sanction.
Notification to Interested Parties
Commerce is issuing and publishing
the final results and notice in
accordance with sections 751(c), 752(b),
and 777(i)(1) of the Act and 19 CFR
351.221(c)(5)(ii).
Dated: June 23, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
Appendix
List of Topics Discussed in the Issues and
Decision Memorandum
I. Summary
II. Background
III. Scope of the Order
IV. History of the Order
V. Legal Framework
VI. Discussion of the Issues
VII. Final Results of Sunset Review
VIII. Recommendation
[FR Doc. 2020–14035 Filed 7–9–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Institute of Standards and
Technology
Deprecation of the United States (U.S.)
Survey Foot
The National Institute of
Standards and Technology and the
National Geodetic Survey (NGS),
National Ocean Service (NOS), National
Oceanic and Atmospheric
Administration (NOAA), Department of
Commerce (DOC).
ACTION: Notice, delay in publication of
final determination.
AGENCY:
The National Institute of
Standards and Technology (NIST) and
the National Geodetic Survey (NGS),
National Ocean Service (NOS), National
Oceanic and Atmospheric
Administration (NOAA), announced
collaborative action to provide national
uniformity in the measurement of length
in an October 17, 2019, Federal Register
notice and anticipated conducting the
public comment review and analysis,
and publishing and publicly
announcing the resulting decision to
deprecate the use of the U.S. survey foot
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announce a 90-day extension of the
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public comments. The final
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September 28, 2020.
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SUMMARY:
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Final determination to be
published on or before September 28,
2020.
ADDRESSES: NIST and NOAA have used
the https://www.regulations.gov system
for the electronic submission and
posting of the seventy-two public
comments received in this proceeding
between October 17, 2019, and
December 2, 2019. All comments
submitted in response to the previous
notice are accessible at https://
www.regulations.gov, docket number
NIST–2019–0003, under the ‘‘Enhanced
Content’’ section of the Federal Register
web page for that notice.
FOR FURTHER INFORMATION CONTACT:
U.S. survey foot deprecation
resources: https://www.nist.gov/pml/ussurveyfoot.
New Datums: Replacing NAVD 88
and NAD 83: https://www.ngs.noaa.gov/
datums/newdatums/index.shtml.
Information on standards
development and maintenance:
Elizabeth Benham, 301–975–3690,
Elizabeth.Benham@nist.gov.
Technical and historical information
on usage of the foot: Michael Dennis,
240–533–9611, Michael.Dennis@
noaa.gov.
SUPPLEMENTARY INFORMATION: On
October 17, 2019, NIST/NOAA
published a notice to deprecate the
survey foot titled ‘‘Deprecation of the
United States (U.S.) Survey Foot’’ in the
Federal Register (84 FR 55562). In that
notice, NIST/NOAA proposed to
deprecate the ‘‘U.S. survey foot’’ and to
require that its use in surveying,
mapping, and engineering be
discontinued. The intent of this action
is to provide national uniformity of
length measurement in an orderly
fashion with minimum disruption,
correcting a measurement dilemma that
has persisted for over 60 years.
Deprecation of the U.S. survey foot is
associated with ongoing efforts by NGS
to modernize the National Spatial
Reference System (NSRS), originally
planned to occur in 2022. However,
operational, workforce, and other issues
have arisen causing NGS to re-evaluate
the timing of the modernized NSRS
launch. NGS has conducted a
comprehensive analysis of ongoing
projects, programs, and resources
required to complete NSRS
modernization and will continue to
provide regular progress updates that
may be obtained by visiting the ‘‘New
Datums’’ web pages (https://
geodesy.noaa.gov/datums/newdatums/
index.shtml).
NGS and the NIST Office of Weights
and Measures continue to evaluate the
seventy-two public comments received,
DATES:
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identify issues, and develop appropriate
solutions related to the deprecation of
the U.S. survey foot. Although
deprecation is associated with
modernizing the NSRS, the planned
effective date of December 31, 2022,
provided in the October 17, 2019, notice
remains the same and is independent
from the NSRS modernization
implementation timeline. The difference
in timelines will have no effect on users
of the existing NSRS, and it will ensure
that deprecation of the U.S. survey foot
occurs prior to the rollout of the
modernized NSRS. The planned
publication date of the notice
summarizing public comment findings
has been extended by 90 days from June
30, 2020, to September 28, 2020.
Kevin A. Kimball,
Chief of Staff.
[FR Doc. 2020–14882 Filed 7–9–20; 8:45 am]
BILLING CODE 3510–13–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA231]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Office of Naval
Research Arctic Research Activities
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments on
proposed Renewal incidental
harassment authorization.
AGENCY:
NMFS received a request from
the U.S. Navy’s Office of Naval Research
(ONR) for the Renewal of their currently
active incidental harassment
authorization (IHA) to take marine
mammals incidental to Arctic Research
Activities in the Beaufort and Chukchi
Seas. These activities are identical to
those covered in the current
authorization. Pursuant to the Marine
Mammal Protection Act (MMPA), prior
to issuing the currently active IHA,
NMFS requested comments on both the
proposed IHA and the potential for
renewing the initial authorization if
certain requirements were satisfied. The
Renewal requirements have been
satisfied, and NMFS is now providing
an additional 15-day comment period to
allow for any additional comments on
the proposed Renewal not previously
provided during the initial 30-day
comment period. ONR’s activities are
considered military readiness activities
SUMMARY:
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pursuant to the MMPA, as amended by
the National Defense Authorization Act
for Fiscal Year 2004 (NDAA).
DATES: Comments and information must
be received no later than July 27, 2020.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Written
comments should be submitted via
email to ITP.Fowler@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. All comments received are a
part of the public record and will
generally be posted online at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Amy Fowler, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), 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-undermarine-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 is
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
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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 here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime one-year Renewal IHA following
notice to the public providing an
additional 15 days for public comments
when (1) up to another year of identical,
or nearly identical, activities as
described in the Description of the
Specified Activities and Anticipated
Impacts section of this notice is planned
or (2) the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of this
notice would not be completed by the
time the IHA expires and a Renewal
would allow for completion of the
activities beyond that described in the
Dates and Duration section of the notice
of the proposed initial IHA, provided all
of the following conditions are met:
• A request for renewal is received no
later than 60 days prior to the needed
Renewal IHA effective date (recognizing
that the Renewal IHA expiration date
cannot extend beyond one year from
expiration of the initial IHA).
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted under the requested
Renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
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mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
Upon review of the request for
Renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
Renewal. A description of the Renewal
process may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
Any comments received on the potential
Renewal, along with relevant comments
on the initial IHA, have been considered
in the development of this proposed
IHA Renewal, and a summary of agency
responses to applicable comments is
included in this notice. NMFS will
consider any additional public
comments prior to making any final
decision on the issuance of the
requested Renewal, and agency
responses will be summarized in the
final notice of our decision.
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 is
being requested addressed here qualifies
as a military readiness activity.
National Environmental Policy Act
In 2018, the U.S. Navy prepared an
Environmental Assessment analyzing
the project. Prior to issuing the IHA for
the first year of this project, we
reviewed the 2018 EA and the public
comments received, determined that a
separate NEPA analysis was not
necessary, and subsequently adopted
the document and issued our own
Finding of No Significant Impact in
support of the issuance of an IHA. In
2019, the U.S. Navy prepared a
supplemental EA. Prior to issuing the
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IHA in 2019, we reviewed the
supplemental EA and the public
comments received, determined that a
separate NEPA analysis was not
necessary, and subsequently adopted
the document and issued our own
Finding of No Significant Impact in
support of the issuance of an IHA.
We have reviewed ONR’s application
for a renewed IHA for ongoing Arctic
Research Activities from September
2020 to September 2021 and the 2019
IHA monitoring report. Based on that
review, we have determined that the
proposed action is identical to that
considered in the previous IHA. In
addition, no significant new
circumstances or information relevant to
environmental concerns have been
identified. Thus, we have preliminarily
determined that the preparation of a
new or supplemental NEPA document
is not necessary.
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History of Request
On September 9, 2019, NMFS issued
an IHA to ONR to take marine mammals
incidental to Arctic Research Activities
in the Beaufort and Chukchi Seas (84 FR
50007; September 24, 2019), effective
from September 10, 2019 through
September 9, 2020. On May 12, 2020,
NMFS received an application for the
Renewal of that initial IHA. As
described in the application for Renewal
IHA, the activities for which incidental
take is requested are identical to those
covered in the initial authorization. As
required, the applicant also provided a
preliminary monitoring report (available
at https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-militaryreadiness-activities) which confirms
that the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted.
Description of the Specified Activities
and Anticipated Impacts
ONR proposes to continue its Arctic
Research Activities for a third year,
conducting activities identical to those
analyzed in the initial IHA. In 2018,
ONR began a three-year project
involving several scientific objectives
that 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. Specifically, the
project includes the Stratified Ocean
Dynamics of the Arctic (SODA), Arctic
Mobile Observing System (AMOS),
Ocean Acoustics field work (including
the Coordinated Arctic Active
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Tomography Experiment (CAATEX)),
and Naval Research Laboratory
experiments in the Beaufort and
Chukchi Seas. These experiments
involve deployment of moored and icetethered active acoustic sources,
primarily from the U.S Coast Guard
Cutter (CGC) HEALY. These acoustic
sources are deployed and left behind to
transmit intermittently throughout the
year. The acoustic sources deployed
during the 2018 and 2019 scientific
cruises would continue to operate
through the course of this IHA Renewal,
such that the acoustic transmissions
from September 2020 through
September 2021 would be identical to
those analyzed in the initial IHA. As in
the initial IHA, CGC HEALY may also
be required to perform icebreaking to
deploy the acoustic sources in deep
water. Underwater sound from the
acoustic sources and icebreaking may
result in behavioral harassment of
marine mammals.
Anticipated impacts, which would
consist of Level B harassment of marine
mammals, would also be identical to
those analyzed and authorized in the
initial IHA (84 FR 50007; September 24,
2019). ONR’s request is for take of a
small number of bearded seals
(Erignathus barbatus), ringed seals
(Pusa hispida hispida), and two stocks
of beluga whales (Delphinapterus
leucas) by Level B harassment only.
Neither ONR nor NMFS expects serious
injury or mortality to result from ONR’s
Arctic Research Activities.
other new information affects which
species or stock have the potential to be
affected or the pertinent information in
the Description of the Marine Mammals
in the Area of Specified Activities
section contained in the supporting
documents for the initial IHA.
Detailed Description of the Activity
A detailed description of the scientific
research program conducted by ONR is
found in the notice of proposed IHA for
the initial authorization (84 FR 37240;
July 31, 2019). The location, timing, and
nature of the activities, including the
acoustic sources planned for use, are
identical to those described in the
previous notice. The proposed Renewal
would be effective for one year past the
expiration of the initial IHA (i.e., from
September 10, 2020 through September
9, 2021).
Ice Seals UME
Since June 1, 2018, elevated
strandings of ringed seals, bearded seals,
and spotted seals (Phoca largha) have
occurred in the Bering and Chukchi
Seas. This event has been declared a
UME. A UME is defined under the
MMPA as a stranding that is
unexpected; involves a significant dieoff of any marine mammal population;
and demands immediate response. From
June 1, 2018 to February 9, 2020, there
have been 278 dead seals reported, with
112 stranding in 2018, 165 in 2019, and
one in 2020, which is nearly five times
the average number of strandings of
about 29 seals annually. All age classes
of seals have been reported stranded,
and a subset of seals have been sampled
for genetics and harmful algal bloom
exposure, with a few having
histopathology collected. Results are
pending, and the cause of the UME
remains unknown.
There was a previous UME involving
ice seals from 2011 to 2016, which was
most active in 2011–2012. A minimum
of 657 seals were affected. The UME
investigation determined that some of
the clinical signs were due to an
abnormal molt, but a definitive cause of
death for the UME was never
determined. The number of stranded ice
seals involved in this UME, and their
physical characteristics, is not at all
similar to the 2011–2016 UME, as the
seals in 2018–2020 have not been
exhibiting hair loss or skin lesions,
which were a primary finding in the
2011–2016 UME. The investigation into
the cause of the most recent UME is
ongoing. More detailed information is
available at: https://
www.fisheries.noaa.gov/national/
marine-life-distress/2018-2019-ice-sealunusual-mortality-event-alaska.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
including information on abundance,
status, distribution, and hearing, may be
found in the notice of the proposed IHA
(84 FR 37240; July 31, 2019). NMFS has
reviewed the monitoring report from the
initial IHA, recent draft Stock
Assessment Reports (SARs), information
on relevant Unusual Mortality Events
(UMEs), and other scientific literature,
and determined that neither this nor any
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is proposed
here may be found in the notice of the
proposed IHA for the initial
authorization (84 FR 37240; July 31,
2019). NMFS has reviewed the
monitoring data from the initial IHA,
recent draft SARs, information on
relevant UMEs, and other scientific
literature, and determined that neither
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this nor any other new information
affects our initial analysis of impacts on
marine mammals and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
notices of the proposed and final IHAs
for the initial authorization (84 FR
37240, July 31, 2019; 84 FR 50007,
September 24, 2019). Specifically, the
source levels, days of operation, and
marine mammal density and occurrence
data applicable to this authorization
remain unchanged from the previously
issued IHA. Similarly, the stocks taken,
methods of take, and types of take
remain unchanged from the previously
issued IHA, as do the number of takes,
which are indicated below in Table 1.
TABLE 1—PROPOSED TAKE OF MARINE MAMMALS AND PERCENT OF STOCKS TAKEN
Density
estimate
within
study area
(animals per
square km) a
Species
Beluga Whale (Beaufort Sea Stock) .........................................
Beluga Whale (Eastern Chukchi Sea stock) ............................
Bearded Seal ............................................................................
Ringed Seal ...............................................................................
0.0087
0.0087
0.0332
0.3760
Level B
harassment
from
deployed
sources
Level B
harassment
from
icebreaking
331
178
0
6,773
Level A
harassment
32
18
0
1,072
0
0
0
0
Total proposed
take
Percentage of
stock taken
363
196
b5
7,845
0.92
0.94
<0.01
2.17
a Kaschner
et al. (2006); Kaschner (2004).
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.
b Quantitative
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA (84 FR 50007;
September 24, 2019), and the discussion
of the least practicable adverse impact
included in that document remains
accurate. The following measures are
proposed for this renewal:
Proposed Mitigation Measures
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 would
start 30 minutes prior to and continue
throughout the deployment within an
exclusion zone of 55 meters (m; 180 feet
(ft), roughly one ship length) around the
deployed mooring. Deployment will
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
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monitoring will 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 will monitor the
surrounding area for marine mammals.
Transmission will cease if a marine
mammal enters a 55-m (180 ft)
exclusion zone. Transmission will recommence 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 would 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 is in not possible to
recover the sources or interfere with
their transmit operations in the middle
of the deployment.
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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 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.
Proposed Monitoring Measures
While underway, the ships (including
non-Navy ships operating on behalf of
the Navy) utilizing active acoustics will
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,
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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 percent) of time that the
sources will be left behind and operate
autonomously. Therefore, a dedicated
monitoring project is not warranted.
However, ONR will record all
observations of marine mammals,
including the marine mammal’s location
(latitude and longitude), behavior, and
distance from project activities,
including icebreaking.
Proposed Reporting Measures
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 2020–21 Arctic
Research Activities, the Navy will
immediately halt the activity and report
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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 will provide NMFS with a draft
exercise monitoring report within 90
days of the conclusion of the proposed
activity. The draft exercise monitoring
report will include data regarding
acoustic source use and any mammal
sightings or detection will be
documented. The report will include
the estimated number of marine
mammals taken during the activity. The
report will also include information on
the number of shutdowns recorded. 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.
Public Comments
As noted previously, NMFS published
a notice of a proposed IHA (84 FR
37240, July 31, 2019) and solicited
public comments on both our proposal
to issue the initial IHA for ONR’s Arctic
Research Activities and on the potential
for a Renewal IHA, should certain
requirements be met.
All public comments were addressed
in the notice announcing the issuance of
the initial IHA (84 FR 50007; September
24, 2019). Below, we describe how we
have addressed, with updated
information where appropriate, any
comments received that specifically
pertain to the Renewal of the 2019 IHA.
Comment: The Marine Mammal
Commission (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
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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: The Commission has
submitted this comment multiple times,
and NMFS has responded multiple
times, including, for example, in the
notice of issuance of an IHA to ;rsted
Wind Power LLC (84 FR 52464; October
2, 2019), and we refer the Commission
to that response. We also include
NMFS’ original response to the
comment received on the 2019 ONR
proposed IHA here:
NMFS has taken a number of steps to
ensure the public has adequate notice,
time, and information to be able to
comment effectively on Renewal IHAs
within the limitations of processing IHA
applications efficiently. Federal
Register notices for the proposed initial
IHAs identified the conditions under
which a one-year Renewal IHA might be
appropriate. This information is
presented in the Request for Public
Comments section and thus encourages
submission of comments on the
potential of a one-year renewal as well
as the initial IHA during the 30-day
comment period. In addition, when we
receive an application for a Renewal
IHA, we will publish notice of the
proposed IHA Renewal in the Federal
Register and provide an additional 15
days for public comment, making a total
of 45 days of public comment. We also
directly contact all commenters on the
initial IHA by email, phone, or, if the
commenter did not provide email or
phone information, by postal service to
provide them the opportunity to submit
any additional comments on the
proposed Renewal IHA. Where the
commenter has already had the
opportunity to review and comment on
the potential for a Renewal in the initial
proposed IHA for these activities, the
abbreviated additional comment period
is sufficient for consideration of the
results of the preliminary monitoring
report and new information (if any)
from the past year.
NMFS also strives to ensure the
public has access to key information
needed to submit comments on a
proposed IHA, whether an initial IHA or
a Renewal IHA. The agency’s website
includes information for all projects
under consideration, including the
application, references, and other
supporting documents. Each Federal
Register notice also includes contact
information in the event a commenter
has questions or cannot find the
information they seek.
For more information, NMFS has
published a description of the Renewal
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41565
process on our website (available at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals).
on taking for subsistence purposes as no
relevant subsistence uses of marine
mammals are implicated by this action,
and; (5) appropriate monitoring and
reporting requirements are included.
DEPARTMENT OF COMMERCE
Preliminary Determinations
The proposed action of this Renewal
IHA, ONR’s Arctic Research Activities,
would be identical to the activities
analyzed in the initial IHA. Based on
the analysis detailed in the notices of
the initial authorization of the likely
effects of the specified activity on
marine mammals and their habitat, and
taking into consideration the
implementation of the monitoring and
mitigation measures, NMFS found that
the total marine mammal take from the
activity would have a negligible impact
on all affected marine mammal species
and stocks.
There is an ongoing UME for ice seals,
including ringed and bearded seals.
Elevated strandings have occurred in
the Bering and Chukchi Seas since June
2018. Though elevated numbers of seals
have stranded during this UME, this
event does not provide cause for
concern regarding population-level
impacts, as the population abundance
estimates for each of the affected species
number in the hundreds of thousands.
ONR’s Arctic Research Activities Study
Area is in the Beaufort and Chukchi
Seas, well north and east of the primary
area where seals have stranded along
the western coast of Alaska (see map of
strandings at: https://
www.fisheries.noaa.gov/national/
marine-life-distress/2018-2019-ice-sealunusual-mortality-event-alaska). The
location of ONR’s Arctic Research
Activities, combined with the low-level
potential effects on marine mammals,
suggest that the proposed activities are
not expected to contribute to, or
combine with, the ongoing UME in a
manner that would lead to impacts on
reproduction or survivorship of any
individuals. Therefore, NMFS has
preliminarily determined that there is
no new information suggesting that our
analysis or findings should change from
those reached for the initial IHA.
Based on the information and analysis
contained here and in the referenced
documents, NMFS has determined the
following: (1) The required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
authorized takes will have a negligible
impact on the affected marine mammal
species or stocks; (3) the authorized
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) ONR’s activities will
not have an unmitigable adverse impact
Endangered Species Act
Pacific Fishery Management Council;
Public Meeting
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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 effects of this proposed federal
action were adequately analyzed in
NMFS’ Biological Opinion for the ONR
Arctic Research Activities 2018–2021,
dated August 27, 2019, which
concluded that the take NMFS proposes
to authorize through this IHA would not
jeopardize the continued existence of
any endangered or threatened species or
destroy or adversely modify any
designated critical habitat.
Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a Renewal IHA to ONR for conducting
Arctic Research Activities in the
Beaufort and Chukchi Seas from
September 2020 through September
2021, provided the previously described
mitigation, monitoring, and reporting
requirements are incorporated. A draft
of the proposed and final initial IHA can
be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed Renewal IHA, and any other
aspect of this notice. Please include
with your comments any supporting
data or literature citations to help
inform our final decision on the request
for MMPA authorization.
Dated: July 2, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–14731 Filed 7–9–20; 8:45 am]
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National Oceanic and Atmospheric
Administration
[RTID 0648–XA274]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The Pacific Fishery
Management Council’s (Pacific Council)
Highly Migratory Species Management
Team (HMSMT) will hold an online
meeting, which is open to the public.
DATES: The online meeting will be held
Monday, July 27, 2020, 9:30 a.m.–12:30
p.m.
ADDRESSES: This meeting will be held
online. Specific meeting information,
including directions on how to join the
meeting and system requirements will
be provided in the meeting
announcement on the Pacific Council’s
website (see www.pcouncil.org). You
may send an email to Mr. Kris
Kleinschmidt (kris.kleinschmidt@
noaa.gov) or contact him at (503) 820–
2280, extension 412 for technical
assistance.
Council address: Pacific Fishery
Management Council, 7700 NE
Ambassador Place, Suite 101, Portland,
OR 97220–1384.
FOR FURTHER INFORMATION CONTACT: Kit
Dahl, Staff Officer, Pacific Council;
telephone: (503) 820–2422.
SUPPLEMENTARY INFORMATION: During
this meeting, the HMSMT will discuss
its work plan for reviewing the best
scientific information available relevant
to essential fish habitat provisions in the
Fishery Management Plan for U.S. West
Coast Fisheries for Highly Migratory
Species. The HMSMT also will be
briefed on and discuss potential changes
to the presentation of data in the online
version of the Stock Assessment and
Fishery Evaluation document. The
HMSMT may also discuss other topics
scheduled for future Pacific Council
meetings.
Although non-emergency issues not
contained in the meeting agenda may be
discussed, those issues may not be the
subject of formal action during this
meeting. Action will be restricted to
those issues specifically listed in this
document and any issues arising after
publication of this document that
require emergency action under section
305(c) of the Magnuson-Stevens Fishery
Conservation and Management Act,
SUMMARY:
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[Federal Register Volume 85, Number 133 (Friday, July 10, 2020)]
[Notices]
[Pages 41560-41565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14731]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA231]
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; request for comments on proposed Renewal incidental
harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from the U.S. Navy's Office of Naval
Research (ONR) for the Renewal of their currently active incidental
harassment authorization (IHA) to take marine mammals incidental to
Arctic Research Activities in the Beaufort and Chukchi Seas. These
activities are identical to those covered in the current authorization.
Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing
the currently active IHA, NMFS requested comments on both the proposed
IHA and the potential for renewing the initial authorization if certain
requirements were satisfied. The Renewal requirements have been
satisfied, and NMFS is now providing an additional 15-day comment
period to allow for any additional comments on the proposed Renewal not
previously provided during the initial 30-day comment period. ONR's
activities are considered military readiness activities
[[Page 41561]]
pursuant to the MMPA, as amended by the National Defense Authorization
Act for Fiscal Year 2004 (NDAA).
DATES: Comments and information must be received no later than July 27,
2020.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. All comments received are a part of the
public record and will generally be posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Amy Fowler, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), 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 is 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 here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-time one-year Renewal IHA following notice to the public providing
an additional 15 days for public comments when (1) up to another year
of identical, or nearly identical, activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of this notice is planned or (2) the activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of this notice would not be completed by the time the IHA expires and a
Renewal would allow for completion of the activities beyond that
described in the Dates and Duration section of the notice of the
proposed initial IHA, provided all of the following conditions are met:
A request for renewal is received no later than 60 days
prior to the needed Renewal IHA effective date (recognizing that the
Renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested Renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
Upon review of the request for Renewal, the status of the affected
species or stocks, and any other pertinent information, NMFS determines
that there are no more than minor changes in the activities, the
mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals. Any
comments received on the potential Renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA Renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested Renewal, and agency responses will be
summarized in the final notice of our decision.
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 is being requested addressed here qualifies as a military
readiness activity.
National Environmental Policy Act
In 2018, the U.S. Navy prepared an Environmental Assessment
analyzing the project. Prior to issuing the IHA for the first year of
this project, we reviewed the 2018 EA and the public comments received,
determined that a separate NEPA analysis was not necessary, and
subsequently adopted the document and issued our own Finding of No
Significant Impact in support of the issuance of an IHA. In 2019, the
U.S. Navy prepared a supplemental EA. Prior to issuing the
[[Page 41562]]
IHA in 2019, we reviewed the supplemental EA and the public comments
received, determined that a separate NEPA analysis was not necessary,
and subsequently adopted the document and issued our own Finding of No
Significant Impact in support of the issuance of an IHA.
We have reviewed ONR's application for a renewed IHA for ongoing
Arctic Research Activities from September 2020 to September 2021 and
the 2019 IHA monitoring report. Based on that review, we have
determined that the proposed action is identical to that considered in
the previous IHA. In addition, no significant new circumstances or
information relevant to environmental concerns have been identified.
Thus, we have preliminarily determined that the preparation of a new or
supplemental NEPA document is not necessary.
History of Request
On September 9, 2019, NMFS issued an IHA to ONR to take marine
mammals incidental to Arctic Research Activities in the Beaufort and
Chukchi Seas (84 FR 50007; September 24, 2019), effective from
September 10, 2019 through September 9, 2020. On May 12, 2020, NMFS
received an application for the Renewal of that initial IHA. As
described in the application for Renewal IHA, the activities for which
incidental take is requested are identical to those covered in the
initial authorization. As required, the applicant also provided a
preliminary monitoring report (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities) which confirms that
the applicant has implemented the required mitigation and monitoring,
and which also shows that no impacts of a scale or nature not
previously analyzed or authorized have occurred as a result of the
activities conducted.
Description of the Specified Activities and Anticipated Impacts
ONR proposes to continue its Arctic Research Activities for a third
year, conducting activities identical to those analyzed in the initial
IHA. In 2018, ONR began a three-year project involving several
scientific objectives that 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. Specifically, the
project includes 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. These experiments involve deployment of moored and
ice-tethered active acoustic sources, primarily from the U.S Coast
Guard Cutter (CGC) HEALY. These acoustic sources are deployed and left
behind to transmit intermittently throughout the year. The acoustic
sources deployed during the 2018 and 2019 scientific cruises would
continue to operate through the course of this IHA Renewal, such that
the acoustic transmissions from September 2020 through September 2021
would be identical to those analyzed in the initial IHA. As in the
initial IHA, CGC HEALY may also be required to perform icebreaking to
deploy the acoustic sources in deep water. Underwater sound from the
acoustic sources and icebreaking may result in behavioral harassment of
marine mammals.
Anticipated impacts, which would consist of Level B harassment of
marine mammals, would also be identical to those analyzed and
authorized in the initial IHA (84 FR 50007; September 24, 2019). ONR's
request is for take of a small number of bearded seals (Erignathus
barbatus), ringed seals (Pusa hispida hispida), and two stocks of
beluga whales (Delphinapterus leucas) by Level B harassment only.
Neither ONR nor NMFS expects serious injury or mortality to result from
ONR's Arctic Research Activities.
Detailed Description of the Activity
A detailed description of the scientific research program conducted
by ONR is found in the notice of proposed IHA for the initial
authorization (84 FR 37240; July 31, 2019). The location, timing, and
nature of the activities, including the acoustic sources planned for
use, are identical to those described in the previous notice. The
proposed Renewal would be effective for one year past the expiration of
the initial IHA (i.e., from September 10, 2020 through September 9,
2021).
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
notice of the proposed IHA (84 FR 37240; July 31, 2019). NMFS has
reviewed the monitoring report from the initial IHA, recent draft Stock
Assessment Reports (SARs), information on relevant Unusual Mortality
Events (UMEs), and other scientific literature, and determined that
neither this nor any other new information affects which species or
stock have the potential to be affected or the pertinent information in
the Description of the Marine Mammals in the Area of Specified
Activities section contained in the supporting documents for the
initial IHA.
Ice Seals UME
Since June 1, 2018, elevated strandings of ringed seals, bearded
seals, and spotted seals (Phoca largha) have occurred in the Bering and
Chukchi Seas. This event has been declared a UME. A UME is defined
under the MMPA as a stranding that is unexpected; involves a
significant die-off of any marine mammal population; and demands
immediate response. From June 1, 2018 to February 9, 2020, there have
been 278 dead seals reported, with 112 stranding in 2018, 165 in 2019,
and one in 2020, which is nearly five times the average number of
strandings of about 29 seals annually. All age classes of seals have
been reported stranded, and a subset of seals have been sampled for
genetics and harmful algal bloom exposure, with a few having
histopathology collected. Results are pending, and the cause of the UME
remains unknown.
There was a previous UME involving ice seals from 2011 to 2016,
which was most active in 2011-2012. A minimum of 657 seals were
affected. The UME investigation determined that some of the clinical
signs were due to an abnormal molt, but a definitive cause of death for
the UME was never determined. The number of stranded ice seals involved
in this UME, and their physical characteristics, is not at all similar
to the 2011-2016 UME, as the seals in 2018-2020 have not been
exhibiting hair loss or skin lesions, which were a primary finding in
the 2011-2016 UME. The investigation into the cause of the most recent
UME is ongoing. More detailed information is available at: https://www.fisheries.noaa.gov/national/marine-life-distress/2018-2019-ice-seal-unusual-mortality-event-alaska.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
proposed here may be found in the notice of the proposed IHA for the
initial authorization (84 FR 37240; July 31, 2019). NMFS has reviewed
the monitoring data from the initial IHA, recent draft SARs,
information on relevant UMEs, and other scientific literature, and
determined that neither
[[Page 41563]]
this nor any other new information affects our initial analysis of
impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed and final IHAs for the initial authorization (84 FR 37240,
July 31, 2019; 84 FR 50007, September 24, 2019). Specifically, the
source levels, days of operation, and marine mammal density and
occurrence data applicable to this authorization remain unchanged from
the previously issued IHA. Similarly, the stocks taken, methods of
take, and types of take remain unchanged from the previously issued
IHA, as do the number of takes, which are indicated below in Table 1.
Table 1--Proposed Take of Marine Mammals and Percent of Stocks Taken
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density
estimate Level B Level B
within study harassment harassment Level A Total proposed Percentage of
Species area (animals from deployed from harassment take stock taken
per square km) sources icebreaking
\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.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (84 FR 50007; September 24, 2019), and the discussion of
the least practicable adverse impact included in that document remains
accurate. The following measures are proposed for this renewal:
Proposed Mitigation Measures
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 would
start 30 minutes prior to and continue throughout the deployment within
an exclusion zone of 55 meters (m; 180 feet (ft), roughly one ship
length) around the deployed mooring. Deployment will 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 will 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 will monitor
the surrounding area for marine mammals. Transmission will 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 would 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 is
in 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 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.
Proposed Monitoring Measures
While underway, the ships (including non-Navy ships operating on
behalf of the Navy) utilizing active acoustics will 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,
[[Page 41564]]
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 percent) of time that the sources will be left
behind and operate autonomously. Therefore, a dedicated monitoring
project is not warranted. However, ONR will record all observations of
marine mammals, including the marine mammal's location (latitude and
longitude), behavior, and distance from project activities, including
icebreaking.
Proposed Reporting Measures
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 2020-21 Arctic Research Activities, the Navy will
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 will provide NMFS with a draft exercise monitoring report
within 90 days of the conclusion of the proposed activity. The draft
exercise monitoring report will include data regarding acoustic source
use and any mammal sightings or detection will be documented. The
report will include the estimated number of marine mammals taken during
the activity. The report will also include information on the number of
shutdowns recorded. 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.
Public Comments
As noted previously, NMFS published a notice of a proposed IHA (84
FR 37240, July 31, 2019) and solicited public comments on both our
proposal to issue the initial IHA for ONR's Arctic Research Activities
and on the potential for a Renewal IHA, should certain requirements be
met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (84 FR 50007; September 24, 2019). Below,
we describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
Renewal of the 2019 IHA.
Comment: The Marine Mammal Commission (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: The Commission has submitted this comment multiple times,
and NMFS has responded multiple times, including, for example, in the
notice of issuance of an IHA to [Oslash]rsted Wind Power LLC (84 FR
52464; October 2, 2019), and we refer the Commission to that response.
We also include NMFS' original response to the comment received on the
2019 ONR proposed IHA here:
NMFS has taken a number of steps to ensure the public has adequate
notice, time, and information to be able to comment effectively on
Renewal IHAs within the limitations of processing IHA applications
efficiently. Federal Register notices for the proposed initial IHAs
identified the conditions under which a one-year Renewal IHA might be
appropriate. This information is presented in the Request for Public
Comments section and thus encourages submission of comments on the
potential of a one-year renewal as well as the initial IHA during the
30-day comment period. In addition, when we receive an application for
a Renewal IHA, we will publish notice of the proposed IHA Renewal in
the Federal Register and provide an additional 15 days for public
comment, making a total of 45 days of public comment. We also directly
contact all commenters on the initial IHA by email, phone, or, if the
commenter did not provide email or phone information, by postal service
to provide them the opportunity to submit any additional comments on
the proposed Renewal IHA. Where the commenter has already had the
opportunity to review and comment on the potential for a Renewal in the
initial proposed IHA for these activities, the abbreviated additional
comment period is sufficient for consideration of the results of the
preliminary monitoring report and new information (if any) from the
past year.
NMFS also strives to ensure the public has access to key
information needed to submit comments on a proposed IHA, whether an
initial IHA or a Renewal IHA. The agency's website includes information
for all projects under consideration, including the application,
references, and other supporting documents. Each Federal Register
notice also includes contact information in the event a commenter has
questions or cannot find the information they seek.
For more information, NMFS has published a description of the
Renewal
[[Page 41565]]
process on our website (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals).
Preliminary Determinations
The proposed action of this Renewal IHA, ONR's Arctic Research
Activities, would be identical to the activities analyzed in the
initial IHA. Based on the analysis detailed in the notices of the
initial authorization of the likely effects of the specified activity
on marine mammals and their habitat, and taking into consideration the
implementation of the monitoring and mitigation measures, NMFS found
that the total marine mammal take from the activity would have a
negligible impact on all affected marine mammal species and stocks.
There is an ongoing UME for ice seals, including ringed and bearded
seals. Elevated strandings have occurred in the Bering and Chukchi Seas
since June 2018. Though elevated numbers of seals have stranded during
this UME, this event does not provide cause for concern regarding
population-level impacts, as the population abundance estimates for
each of the affected species number in the hundreds of thousands. ONR's
Arctic Research Activities Study Area is in the Beaufort and Chukchi
Seas, well north and east of the primary area where seals have stranded
along the western coast of Alaska (see map of strandings at: https://www.fisheries.noaa.gov/national/marine-life-distress/2018-2019-ice-seal-unusual-mortality-event-alaska). The location of ONR's Arctic
Research Activities, combined with the low-level potential effects on
marine mammals, suggest that the proposed activities are not expected
to contribute to, or combine with, the ongoing UME in a manner that
would lead to impacts on reproduction or survivorship of any
individuals. Therefore, NMFS has preliminarily determined that there is
no new information suggesting that our analysis or findings should
change from those reached for the initial IHA.
Based on the information and analysis contained here and in the
referenced documents, NMFS has determined the following: (1) The
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) ONR's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action, and; (5) appropriate
monitoring and reporting requirements are included.
Endangered Species Act
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 effects of this proposed federal action were adequately
analyzed in NMFS' Biological Opinion for the ONR Arctic Research
Activities 2018-2021, dated August 27, 2019, which concluded that the
take NMFS proposes to authorize through this IHA would not jeopardize
the continued existence of any endangered or threatened species or
destroy or adversely modify any designated critical habitat.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a Renewal IHA to ONR for conducting Arctic Research Activities in
the Beaufort and Chukchi Seas from September 2020 through September
2021, provided the previously described mitigation, monitoring, and
reporting requirements are incorporated. A draft of the proposed and
final initial IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the proposed Renewal IHA, and
any other aspect of this notice. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
Dated: July 2, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-14731 Filed 7-9-20; 8:45 am]
BILLING CODE 3510-22-P
