Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Office of Naval Research Arctic Research Activities, 53333-53338 [2020-18971]
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Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Notices
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Dated: August 25, 2020.
Tracey L. Thompson,
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Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–18964 Filed 8–27–20; 8:45 am]
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National Oceanic and Atmospheric
Administration
[RTID 0648–XA373]
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; issuance of Renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a Renewal
incidental harassment authorization
(IHA) to the U.S. Navy’s Office of Naval
Research (ONR) to harass marine
mammals incidental to Arctic Research
Activities in the Beaufort and Chukchi
Seas.
DATES: This Renewal IHA is valid from
September 10, 2020 through September
9, 2021.
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:
SUMMARY:
Background
These meetings are physically
accessible to people with disabilities.
Requests for auxiliary aids should be
directed to the Council office (see
ADDRESSES) 5 days prior to the meeting.
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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.
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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 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
Specified Activities 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 proposed IHA for the initial
authorization, 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
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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/incidentalharassment-authorization-renewals.
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.
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, 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/incidentaltake-authorizations-military-readinessactivities) which confirms that the
applicant has implemented the required
mitigation and monitoring, and which
also shows that no impacts of a scale or
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nature not previously analyzed or
authorized have occurred as a result of
the activities conducted.
Description of the Specified Activities
and Anticipated Impacts
ONR plans 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 icetethered active acoustic sources,
primarily from the U.S Coast Guard
Cutter (CGC) HEALY. The CGC HEALY
may be required to perform icebreaking
to access the northernmost portion of
the Survey Area. Underwater sound
from the acoustic sources and
icebreaking may result in behavioral
harassment of marine mammals.
Detailed Description of the Activity
A total of 12 moored acoustic
navigation sources were planned to be
deployed and operate through the
duration of the three-year project. Of
those, seven moored navigation sources
were deployed in 2018 and an
additional navigation source was
deployed in 2019, along with a very-low
frequency source (30 hertz) in the
northernmost portion of the Survey
Area. 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 and the remaining
moored and drifting sources are also
planned to be deployed in 2020, such
that the acoustic transmissions from
September 2020 through September
2021 would be identical to those
analyzed in the initial IHA.
As described in the notice of
proposed IHA for the initial
authorization (84 FR 37240; July 31,
2019), CGC HEALY may also be
required to perform icebreaking to
deploy the acoustic sources in deep
water. No icebreaking was required in
the 2019 research cruise, but as in the
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initial IHA, ONR estimates up to six
hours of icebreaking per day over 16
days may occur (e.g., eight days during
the fall 2020 equipment deployment
cruise and eight days during the fall
2021 equipment retrieval cruise).
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. This IHA Renewal is
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 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
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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.
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 authorized
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, other scientific
literature, and the public comments,
and determined that neither 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
authorized takes, which are indicated
below in Table 1.
TABLE 1—AUTHORIZED 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 .............................................
Level B
harassment
from deployed
sources
Level B
harassment
from
icebreaking
Total
authorized
take
Level A
harassment
Percentage of
stock taken
0.0087
331
32
0
363
0.92
0.0087
0.0332
0.3760
178
0
6,773
18
0
1,072
0
0
0
196
b5
7,845
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
Description of Mitigation, Monitoring
and Reporting Measures
The 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
required for this Renewal:
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 must
start 30 minutes prior to and continue
throughout the deployment within an
exclusion zone of 55 meters (m; 180 feet
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(ft), roughly one ship length) around the
deployed mooring. Deployment must
stop if a marine mammal is visually
detected within the exclusion zone.
Deployment will re-commence if any
one of the following conditions are met:
(1) The animal is observed exiting the
exclusion zone, (2) the animal is
thought to have exited the exclusion
zone based on its course and speed, or
(3) the exclusion zone has been clear
from any additional sightings for a
period of 15 minutes for pinnipeds and
30 minutes for cetaceans. Visual
monitoring must continue through 30
minutes following the deployment of
sources.
Once deployed, the spiral wave
beacon would transmit for five days.
The ship will maintain position near the
moored source and must monitor the
surrounding area for marine mammals.
Transmission must cease if a marine
mammal enters a 55-m (180 ft)
exclusion zone. Transmission will 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
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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 must only transmit during
daylight hours.
Ships must avoid approaching marine
mammals head on and must 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
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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.
Monitoring Measures
While underway, the ships (including
non-Navy ships operating on behalf of
the Navy) utilizing active acoustics must
have at least one watch person during
activities. Watch personnel undertake
extensive training in accordance with
the U.S. Navy Lookout Training
Handbook or civilian equivalent,
including on the job instruction and a
formal Personal Qualification Standard
program (or equivalent program for
supporting contractors or civilians), to
certify that they have demonstrated all
necessary skills (such as detection and
reporting of floating or partially
submerged objects). Additionally, watch
personnel have taken the Navy’s Marine
Species Awareness Training. Their
duties may be performed in conjunction
with other job responsibilities, such as
navigating the ship or supervising other
personnel. While on watch, personnel
employ visual search techniques,
including the use of binoculars, using a
scanning method in accordance with the
U.S. Navy Lookout Training Handbook
or civilian equivalent. A primary duty of
watch personnel is to detect and report
all objects and disturbances sighted in
the water that may be indicative of a
threat to the ship and its crew, such as
debris, or surface disturbance. Per safety
requirements, watch personnel also
report any marine mammals sighted that
have the potential to be in the direct
path of the ship as a standard collision
avoidance procedure.
The U.S. Navy has coordinated with
NMFS to develop an overarching
program plan in which specific
monitoring would occur. This plan is
called the Integrated Comprehensive
Monitoring Program (ICMP) (Navy
2011). The ICMP has been developed in
direct response to Navy permitting
requirements established through
various environmental compliance
efforts. As a framework document, the
ICMP applies by regulation to those
activities on ranges and operating areas
for which the Navy is seeking or has
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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.
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 must
immediately halt the activity and report
the incident to the Office of Protected
Resources, NMFS, and the Alaska
Regional Stranding Coordinator, NMFS.
The following information must be
provided:
• Time, date, and location of the
discovery;
• Species identification (if known) or
description of the animal(s) involved;
• Condition of the animal(s)
(including carcass condition if the
animal is dead);
• Observed behaviors of the
animal(s), if alive;
• If available, photographs or video
footage of the animal(s); and
• General circumstances under which
the animal(s) was discovered (e.g.,
during use of towed acoustic sources,
deployment of moored or drifting
sources, during on-ice experiments, or
by transiting vessel).
ONR must provide NMFS with a draft
exercise monitoring report within 90
days of the conclusion of the proposed
activity. The draft exercise monitoring
report must include data regarding
acoustic source use and any mammal
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sightings or detection must be
documented. The report must include
the estimated number of marine
mammals taken during the activity. The
report must 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
A notice of NMFS’ proposal to issue
a Renewal IHA to ONR was published
in the Federal Register on July 10, 2020
(85 FR 41560). That notice either
described, or referenced descriptions of,
ONR’s activity, the marine mammal
species that may be affected by the
activity, the anticipated effects on
marine mammals and their habitat,
proposed amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. NMFS received
a comment letter from the Marine
Mammal Commission (Commission).
The comments and our responses are
summarized below.
Comment 1: The Commission noted
that ONR did not stipulate the type and
number of sources that would transmit
or how many days of icebreaking could
occur in 2020–2021 in their Renewal
request. The Commission stated that
without that information, NMFS cannot
judge whether the activities proposed to
occur in 2020–2021 are identical to or
are a subset of those that were
conducted in 2019–2020, whether the
estimated numbers of marine mammals
taken in 2019–2020 were within the
authorized limits, and whether the
original determinations would still be
valid for the 2020–2021 IHA Renewal.
Thus, the Commission recommended
NMFS deny ONR’s request for IHA
Renewal as submitted.
Response: NMFS appreciates the
Commission’s comment regarding the
information provided in ONR’s Renewal
request. Although that information was
not provided in the Renewal request
letter itself, ONR informed NMFS that
the activities planned for 2020–2021
would be identical to those analyzed in
the 2019–2020 IHA and . provided the
information discussed in the Detailed
Description of the Activity section of
this notice. Additionally, although no
marine mammals were directly observed
during any source deployment in 2019,
ONR provided an estimate of the
number of marine mammals that may
have been exposed based on the number
of sources deployed and operational
during 2019–2020. Eight of 21 possible
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acoustic sources were in use, thus ONR
estimated 8/21 (38.1 percent) of total
calculated takes from acoustic sources
occurred during the 2019–2020 IHA, for
a total of 194 belugas (from either stock)
and 2,580 ringed seals. No bearded seal
takes were modeled using the Navy
Acoustic Effects Model (NAEMO), but
out of an abundance of caution, NMFS
authorized five takes of bearded seals by
Level B harassment in the event bearded
seals were observed during source
deployment. No bearded seals were
observed in 2019, therefore no takes
likely occurred.
Based on the information provided by
the applicant, NMFS has determined
that the estimated numbers of marine
mammals taken in 2019–2020 were
within the authorized limits, the
original determinations are still valid for
the 2020–2021 IHA Renewal, and an
IHA Renewal is appropriate for ONR’s
activities. NMFS is consistently working
on refining protocols for processing IHA
Renewals, and will ensure that future
Renewal requests include all
information necessary for our
determinations prior to publication of
the proposed Renewal.
Comment 2: The Commission
recommends that NMFS refrain from
issuing renewals for any authorization
and instead use its abbreviated Federal
Register notice process.
Response: In prior responses to
comments about IHA Renewals (e.g., 84
FR 52464; October 02, 2019), NMFS has
explained how the Renewal process, as
implemented, is consistent with the
statutory requirements contained in
section 101(a)(5)(D) of the MMPA and,
therefore, we plan to continue to issue
qualifying Renewals when the
requirements outlined on our website
are met. Thus, NMFS agrees with the
Commission’s recommendation that we
should not issue a renewal for any
authorization unless it is consistent
with the procedural requirements
specified in section 101(a)(5)(D)(iii) of
the MMPA.
Additionally, regarding the
recommendation to use abbreviated
notices, we agree that they are a useful
tool by which to increase efficiency in
conjunction with the use of Renewals,
but we disagree that their use alone
would equally fulfill NMFS’ goal to
maximize efficiency and provide
regulatory certainty for applicants, with
no reduction in protections for marine
mammals. The Renewal process, with
its narrowly described qualifying
actions, specific issuance criteria, and
additional 15-day comment period,
allows for NMFS to broadly commit to
a 60-day processing time. This
commitment, which would not be
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possible in the absence of this narrow
definition and the 15-day additional
comment period, provides both a
meaningfully shortened processing time
and regulatory certainty for planning
purposes. Increasing the comment
period for Renewals to 30 days would
increase processing time by 25% and is
unnecessary, given the legal sufficiency
of the process as it stands, as described
above, and no additional protections for
marine mammals that would result.
NMFS uses abbreviated notices when
proposed actions do not qualify for
Renewals, but still allow for reliance
upon previous documentation and
analyses. These abbreviated notice
projects, which deviate from the narrow
qualifications of a Renewal, require
some additional time for the analyst to
appropriately review the small changes
from the initial IHA and further
necessitate the 30-day public review
required for a new IHA. NMFS has
evaluated the use of both the Renewal
and abbreviated notice processes, as
well as the associated workload for
each, and determined that using both of
these processes provides maximum
efficiency for the agency and applicants,
regulatory certainty, and appropriate
protections for marine mammals
consistent with the statutory standards.
Using the abbreviated notice process,
however, is unnecessary and
unwarranted for projects that meet the
narrow qualifications for a Renewal
IHA.
As previously noted, we have found
that the Renewal process is consistent
with the statutory requirements of the
MMPA and, further, promotes NMFS’
goals of improving conservation of
marine mammals and increasing
efficiency in the MMPA compliance
process. Therefore, we intend to
continue implementing the Renewal
process.
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
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
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53337
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 determined
that the preparation of a new or
supplemental NEPA document is not
necessary.
Determinations
The action of this Renewal IHA,
ONR’s Arctic Research Activities, are
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
determined that there is no new
information suggesting that our analysis
or findings should change from those
reached for the initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
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Federal Register / Vol. 85, No. 168 / Friday, August 28, 2020 / Notices
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 (ESA) 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 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.
Renewal
NMFS has issued a Renewal IHA to
ONR for the take of marine mammals
incidental to conducting Arctic
Research Activities in the Beaufort and
Chukchi Seas from September 10, 2020
through September 9, 2021.
Dated: August 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–18971 Filed 8–27–20; 8:45 am]
BILLING CODE 3510–22–P
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DEPARTMENT OF COMMERCE
1623 prior to the meeting, along with
meeting materials.
National Oceanic and Atmospheric
Administration
Connection Information
[RTID 0648–XA425]
North Pacific Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The North Pacific Fishery
Management Council (Council) Crab
Plan Team will meet September 14,
2020 through September 17, 2020.
DATES: The meeting will be held on
Monday, September 14, 2020 through
Wednesday September 16, 2020 from 8
a.m. to 4 p.m., and from 8 a.m. to 11
a.m. on Thursday, September 17, 2020
Alaska Time.
ADDRESSES: The meeting will be a web
conference. Join online through the link
at https://npfmc.adobeconnect.com/
cptsept2020/.
Council address: North Pacific
Fishery Management Council, 1007 W
3rd Ave., Anchorage, AK 99501–2252;
telephone: (907) 271–2809. Instructions
for attending the meeting via video
conference are given under
SUPPLEMENTARY INFORMATION, below.
FOR FURTHER INFORMATION CONTACT: Jim
Armstrong, Council staff; phone: (907)
271–2809; email: james.armstrong@
noaa.gov. For technical support please
contact our admin Council staff, email:
npfmc.admin@noaa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
Monday, September 14, 2020 through
Thursday, September 17, 2020
The agenda will include: (a) Final
2020 stock assessments for Eastern
Bering Sea snow crab, Bristol Bay red
king crab, Eastern Bering Sea Tanner
crab, Pribilof Islands red king crab, and
Saint Matthew Island blue king crab; (b)
stock assessment modeling scenarios for
Norton Sound red king crab; (c) other
discussions including survey
contingency plans for 2021, catch and
bycatch updates, a discussion about
crab stock boundaries, the crab
ecosystem status report, the ecosystem
and socioeconomic profiles for Bristol
Bay red king crab and Saint Matthew
blue king crab, prohibited species catch
of crab in groundfish fisheries, and (d)
planning for future meetings. The
agenda is subject to change, and the
latest version will be posted at https://
meetings.npfmc.org/Meeting/Details/
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You can attend the meeting online
using a computer, tablet, or smart
phone; or by phone only. Connection
information will be posted online at:
https://meetings.npfmc.org/Meeting/
Details/1623.
Public Comment
Public comment letters will be
accepted and should be submitted
electronically to https://
meetings.npfmc.org/Meeting/Details/
1623.
Special Accommodations
The meeting is accessible to people
with disabilities. Requests for sign
language interpretation or other
auxiliary aids should be directed to
Shannon Gleason at (907) 903–3107 at
least 7 working days prior to the
meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: August 25, 2020.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2020–18968 Filed 8–27–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA379]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to National
Wildlife Refuge Complex Research,
Monitoring, and Maintenance Activities
in Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of Renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a Renewal
incidental harassment authorization
(IHA) to the U.S. Fish and Wildlife
Service (USFWS) to incidentally harass
marine mammals incidental to
conducting biological research,
monitoring, and maintenance at the
Eastern Massachusetts (MA) National
Wildlife Refuge Complex (Complex).
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 168 (Friday, August 28, 2020)]
[Notices]
[Pages 53333-53338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-18971]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA373]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Office of Naval Research Arctic
Research Activities
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Renewal incidental harassment
authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a Renewal incidental harassment authorization
(IHA) to the U.S. Navy's Office of Naval Research (ONR) to harass
marine mammals incidental to Arctic Research Activities in the Beaufort
and Chukchi Seas.
DATES: This Renewal IHA is valid from September 10, 2020 through
September 9, 2021.
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
Specified Activities 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 proposed IHA for the initial authorization, 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
[[Page 53334]]
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.
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.
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, 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 plans 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. The CGC HEALY may be required to perform
icebreaking to access the northernmost portion of the Survey Area.
Underwater sound from the acoustic sources and icebreaking may result
in behavioral harassment of marine mammals.
Detailed Description of the Activity
A total of 12 moored acoustic navigation sources were planned to be
deployed and operate through the duration of the three-year project. Of
those, seven moored navigation sources were deployed in 2018 and an
additional navigation source was deployed in 2019, along with a very-
low frequency source (30 hertz) in the northernmost portion of the
Survey Area. 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 and the remaining moored
and drifting sources are also planned to be deployed in 2020, such that
the acoustic transmissions from September 2020 through September 2021
would be identical to those analyzed in the initial IHA.
As described in the notice of proposed IHA for the initial
authorization (84 FR 37240; July 31, 2019), CGC HEALY may also be
required to perform icebreaking to deploy the acoustic sources in deep
water. No icebreaking was required in the 2019 research cruise, but as
in the initial IHA, ONR estimates up to six hours of icebreaking per
day over 16 days may occur (e.g., eight days during the fall 2020
equipment deployment cruise and eight days during the fall 2021
equipment retrieval cruise).
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. This IHA
Renewal is 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
[[Page 53335]]
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
authorized 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, other scientific literature, and the
public comments, and determined that neither 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 authorized takes, which are indicated below in
Table 1.
Table 1--Authorized Take of Marine Mammals and Percent of Stocks Taken
--------------------------------------------------------------------------------------------------------------------------------------------------------
Density
estimate Level B Level B
within study harassment harassment Level A Total Percentage of
Species area (animals from deployed from harassment authorized stock taken
per square km) sources icebreaking take
\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 Mitigation, Monitoring and Reporting Measures
The 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 required for this Renewal:
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 must
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 must stop if a marine
mammal is visually detected within the exclusion zone. Deployment will
re-commence if any one of the following conditions are met: (1) The
animal is observed exiting the exclusion zone, (2) the animal is
thought to have exited the exclusion zone based on its course and
speed, or (3) the exclusion zone has been clear from any additional
sightings for a period of 15 minutes for pinnipeds and 30 minutes for
cetaceans. Visual monitoring must continue through 30 minutes following
the deployment of sources.
Once deployed, the spiral wave beacon would transmit for five days.
The ship will maintain position near the moored source and must monitor
the surrounding area for marine mammals. Transmission must cease if a
marine mammal enters a 55-m (180 ft) exclusion zone. Transmission will
re-commence if any one of the following conditions are met: (1) The
animal is observed exiting the exclusion zone, (2) the animal is
thought to have exited the exclusion zone based on its course and speed
and relative motion between the animal and the source, or (3) the
exclusion zone has been clear from any additional sightings for a
period of 15 minutes for pinnipeds and 30 minutes for cetaceans. The
spiral wave beacon source must only transmit during daylight hours.
Ships must avoid approaching marine mammals head on and must
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
[[Page 53336]]
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.
Monitoring Measures
While underway, the ships (including non-Navy ships operating on
behalf of the Navy) utilizing active acoustics must have at least one
watch person during activities. Watch personnel undertake extensive
training in accordance with the U.S. Navy Lookout Training Handbook or
civilian equivalent, including on the job instruction and a formal
Personal Qualification Standard program (or equivalent program for
supporting contractors or civilians), to certify that they have
demonstrated all necessary skills (such as detection and reporting of
floating or partially submerged objects). Additionally, watch personnel
have taken the Navy's Marine Species Awareness Training. Their duties
may be performed in conjunction with other job responsibilities, such
as navigating the ship or supervising other personnel. While on watch,
personnel employ visual search techniques, including the use of
binoculars, using a scanning method in accordance with the U.S. Navy
Lookout Training Handbook or civilian equivalent. A primary duty of
watch personnel is to detect and report all objects and disturbances
sighted in the water that may be indicative of a threat to the ship and
its crew, such as debris, or surface disturbance. Per safety
requirements, watch personnel also report any marine mammals sighted
that have the potential to be in the direct path of the ship as a
standard collision avoidance procedure.
The U.S. Navy has coordinated with NMFS to develop an overarching
program plan in which specific monitoring would occur. This plan is
called the Integrated Comprehensive Monitoring Program (ICMP) (Navy
2011). The ICMP has been developed in direct response to Navy
permitting requirements established through various environmental
compliance efforts. As a framework document, the ICMP applies by
regulation to those activities on ranges and operating areas for which
the Navy is seeking or has sought incidental take authorizations. The
ICMP is intended to coordinate monitoring efforts across all regions
and to allocate the most appropriate level and type of effort based on
a set of standardized research goals, and in acknowledgement of
regional scientific value and resource availability.
The ICMP is focused on Navy training and testing ranges where the
majority of Navy activities occur regularly as those areas have the
greatest potential for being impacted. ONR's Arctic Research Activities
in comparison is a less intensive test with little human activity
present in the Arctic. Human presence is limited to a minimal amount of
days for source operations and source deployments, in contrast to the
large majority (>95 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.
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 must
immediately halt the activity and report the incident to the Office of
Protected Resources, NMFS, and the Alaska Regional Stranding
Coordinator, NMFS. The following information must be provided:
Time, date, and location of the discovery;
Species identification (if known) or description of the
animal(s) involved;
Condition of the animal(s) (including carcass condition if
the animal is dead);
Observed behaviors of the animal(s), if alive;
If available, photographs or video footage of the
animal(s); and
General circumstances under which the animal(s) was
discovered (e.g., during use of towed acoustic sources, deployment of
moored or drifting sources, during on-ice experiments, or by transiting
vessel).
ONR must provide NMFS with a draft exercise monitoring report
within 90 days of the conclusion of the proposed activity. The draft
exercise monitoring report must include data regarding acoustic source
use and any mammal sightings or detection must be documented. The
report must include the estimated number of marine mammals taken during
the activity. The report must 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
A notice of NMFS' proposal to issue a Renewal IHA to ONR was
published in the Federal Register on July 10, 2020 (85 FR 41560). That
notice either described, or referenced descriptions of, ONR's activity,
the marine mammal species that may be affected by the activity, the
anticipated effects on marine mammals and their habitat, proposed
amount and manner of take, and proposed mitigation, monitoring and
reporting measures. NMFS received a comment letter from the Marine
Mammal Commission (Commission). The comments and our responses are
summarized below.
Comment 1: The Commission noted that ONR did not stipulate the type
and number of sources that would transmit or how many days of
icebreaking could occur in 2020-2021 in their Renewal request. The
Commission stated that without that information, NMFS cannot judge
whether the activities proposed to occur in 2020-2021 are identical to
or are a subset of those that were conducted in 2019-2020, whether the
estimated numbers of marine mammals taken in 2019-2020 were within the
authorized limits, and whether the original determinations would still
be valid for the 2020-2021 IHA Renewal. Thus, the Commission
recommended NMFS deny ONR's request for IHA Renewal as submitted.
Response: NMFS appreciates the Commission's comment regarding the
information provided in ONR's Renewal request. Although that
information was not provided in the Renewal request letter itself, ONR
informed NMFS that the activities planned for 2020-2021 would be
identical to those analyzed in the 2019-2020 IHA and . provided the
information discussed in the Detailed Description of the Activity
section of this notice. Additionally, although no marine mammals were
directly observed during any source deployment in 2019, ONR provided an
estimate of the number of marine mammals that may have been exposed
based on the number of sources deployed and operational during 2019-
2020. Eight of 21 possible
[[Page 53337]]
acoustic sources were in use, thus ONR estimated 8/21 (38.1 percent) of
total calculated takes from acoustic sources occurred during the 2019-
2020 IHA, for a total of 194 belugas (from either stock) and 2,580
ringed seals. No bearded seal takes were modeled using the Navy
Acoustic Effects Model (NAEMO), but out of an abundance of caution,
NMFS authorized five takes of bearded seals by Level B harassment in
the event bearded seals were observed during source deployment. No
bearded seals were observed in 2019, therefore no takes likely
occurred.
Based on the information provided by the applicant, NMFS has
determined that the estimated numbers of marine mammals taken in 2019-
2020 were within the authorized limits, the original determinations are
still valid for the 2020-2021 IHA Renewal, and an IHA Renewal is
appropriate for ONR's activities. NMFS is consistently working on
refining protocols for processing IHA Renewals, and will ensure that
future Renewal requests include all information necessary for our
determinations prior to publication of the proposed Renewal.
Comment 2: The Commission recommends that NMFS refrain from issuing
renewals for any authorization and instead use its abbreviated Federal
Register notice process.
Response: In prior responses to comments about IHA Renewals (e.g.,
84 FR 52464; October 02, 2019), NMFS has explained how the Renewal
process, as implemented, is consistent with the statutory requirements
contained in section 101(a)(5)(D) of the MMPA and, therefore, we plan
to continue to issue qualifying Renewals when the requirements outlined
on our website are met. Thus, NMFS agrees with the Commission's
recommendation that we should not issue a renewal for any authorization
unless it is consistent with the procedural requirements specified in
section 101(a)(5)(D)(iii) of the MMPA.
Additionally, regarding the recommendation to use abbreviated
notices, we agree that they are a useful tool by which to increase
efficiency in conjunction with the use of Renewals, but we disagree
that their use alone would equally fulfill NMFS' goal to maximize
efficiency and provide regulatory certainty for applicants, with no
reduction in protections for marine mammals. The Renewal process, with
its narrowly described qualifying actions, specific issuance criteria,
and additional 15-day comment period, allows for NMFS to broadly commit
to a 60-day processing time. This commitment, which would not be
possible in the absence of this narrow definition and the 15-day
additional comment period, provides both a meaningfully shortened
processing time and regulatory certainty for planning purposes.
Increasing the comment period for Renewals to 30 days would increase
processing time by 25% and is unnecessary, given the legal sufficiency
of the process as it stands, as described above, and no additional
protections for marine mammals that would result. NMFS uses abbreviated
notices when proposed actions do not qualify for Renewals, but still
allow for reliance upon previous documentation and analyses. These
abbreviated notice projects, which deviate from the narrow
qualifications of a Renewal, require some additional time for the
analyst to appropriately review the small changes from the initial IHA
and further necessitate the 30-day public review required for a new
IHA. NMFS has evaluated the use of both the Renewal and abbreviated
notice processes, as well as the associated workload for each, and
determined that using both of these processes provides maximum
efficiency for the agency and applicants, regulatory certainty, and
appropriate protections for marine mammals consistent with the
statutory standards. Using the abbreviated notice process, however, is
unnecessary and unwarranted for projects that meet the narrow
qualifications for a Renewal IHA.
As previously noted, we have found that the Renewal process is
consistent with the statutory requirements of the MMPA and, further,
promotes NMFS' goals of improving conservation of marine mammals and
increasing efficiency in the MMPA compliance process. Therefore, we
intend to continue implementing the Renewal process.
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 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 determined that the preparation of a new or supplemental
NEPA document is not necessary.
Determinations
The action of this Renewal IHA, ONR's Arctic Research Activities,
are 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 determined that there is no new
information suggesting that our analysis or findings should change from
those reached for the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from
[[Page 53338]]
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 (ESA) 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 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.
Renewal
NMFS has issued a Renewal IHA to ONR for the take of marine mammals
incidental to conducting Arctic Research Activities in the Beaufort and
Chukchi Seas from September 10, 2020 through September 9, 2021.
Dated: August 21, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-18971 Filed 8-27-20; 8:45 am]
BILLING CODE 3510-22-P
