Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities, 41560-41565 [2020-14731]

Download as PDF 41560 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 before June 30, 2020. It is necessary to announce a 90-day extension of the review and analysis period to address public comments. The final determination will be published by September 28, 2020. jbell on DSKJLSW7X2PROD with NOTICES SUMMARY: VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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: PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 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: E:\FR\FM\10JYN1.SGM 10JYN1 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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, PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 41561 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 E:\FR\FM\10JYN1.SGM 10JYN1 41562 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 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. jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\10JYN1.SGM 10JYN1 41563 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 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 jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 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, E:\FR\FM\10JYN1.SGM 10JYN1 41564 Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices jbell on DSKJLSW7X2PROD with NOTICES 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 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 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 E:\FR\FM\10JYN1.SGM 10JYN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 133 / Friday, July 10, 2020 / Notices 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 VerDate Sep<11>2014 18:28 Jul 09, 2020 Jkt 250001 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] BILLING CODE 3510–22–P PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 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: E:\FR\FM\10JYN1.SGM 10JYN1

Agencies

[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]


-----------------------------------------------------------------------

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