Notice2021-21672
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Office of Naval Research's Arctic Research Activities in the Beaufort and Chukchi Seas (Year 4)
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Published
October 5, 2021
Effective
October 5, 2021
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an IHA to the U.S. Navy's Office of Naval Research (ONR) to incidentally harass, by Level B harassment only, marine mammals during oceanographic research activities associated with the Arctic Research Activities (Year 4) in the Beaufort and eastern Chukchi Seas. The Navy's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (NDAA).
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[Federal Register Volume 86, Number 190 (Tuesday, October 5, 2021)]
[Notices]
[Pages 54931-54940]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2021-21672]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB379]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Office of Naval Research's
Arctic Research Activities in the Beaufort and Chukchi Seas (Year 4)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an IHA to the U.S. Navy's Office of Naval Research
(ONR) to incidentally harass, by Level B harassment only, marine
mammals during oceanographic research activities associated with the
Arctic Research Activities (Year 4) in the Beaufort and eastern Chukchi
Seas. The Navy's activities are considered military readiness
activities pursuant to the MMPA, as amended by the National Defense
Authorization Act for Fiscal Year 2004 (NDAA).
DATES: This Authorization is effective from October 5, 2021 through
October 4, 2022.
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-1">https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-1</a>. In case of
problems accessing these documents, please call the contact listed
above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.'' The activity for which incidental take of marine
mammals is being requested addressed here qualifies as a military
readiness activity. The definitions of all applicable MMPA statutory
terms cited above are included in the relevant sections below.
Summary of Request
On June 4, 2021, NMFS received a request from the Office of Naval
Research (ONR) for an IHA to take marine mammals incidental to
oceanographic research activities, known as Arctic Research Activities,
in the Beaufort and eastern Chukchi Seas. The application was deemed
adequate and complete on August 4, 2021. ONR's request is for take of
beluga whales (Delphinapterus leucas; two stocks) and ringed seals
(Pusa hispida hispida) by Level B harassment only. Neither ONR nor NMFS
expects serious injury or mortality to result from this activity and,
therefore, an IHA is appropriate.
This IHA will cover the fourth year of a larger project for which
ONR obtained prior IHAs (83 FR 48799, September 27, 2018; 84 FR 50007,
September 24, 2019; 85 FR 53333, August 28, 2020) and may request take
authorization for subsequent facets of the overall project. This IHA
will be valid for a period of one year, October 5, 2021 to October 4,
2022. The larger project involves several scientific objectives that
support the Arctic and Global Prediction Program, as well as the Ocean
Acoustic Program and the Naval Research Laboratory, for which ONR is
the parent command. ONR has complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHAs (83 FR
48799, September 27, 2018; 84 FR 50007, September 24, 2019; 85 FR
53333, August 28, 2020).
Description of Activities
Overview
ONR's Arctic Research Activities include scientific experiments to
be conducted in support of the following programs: The Arctic and
Global Prediction Program, the Ocean Acoustic Program, and the Naval
Research Laboratory (NRL), for which ONR is the parent command.
Specifically, the project includes the Arctic Mobile Observing System
(AMOS), Ocean Acoustics field work, and NRL experiments in the Beaufort
and Chukchi Seas. Project activities involve acoustic testing during
cruises (two planned) and a multi-frequency navigation system concept
test using left-behind active acoustic sources. More specifically,
these experiments involve the deployment of moored, drifting, and ice-
tethered active acoustic sources as well as a towed source (see details
in the proposed notice (86 FR 47065; August 23, 2021) on the Shallow
Water Integrate Mapping System) from the Research Vessel (R/V) Sikuliaq
and another vessel, most likely the U.S. Coast Guard Cutter (CGC)
HEALY. Underwater sound from the acoustic sources may result in
behavioral harassment of marine mammals.
[[Page 54932]]
A detailed description of the planned Arctic Research Activities is
provided in the Federal Register notice of the proposed IHA (86 FR
47065; August 23, 2021). Since that time, no changes have been made to
the project activities. Therefore, a detailed description is not
provided here. Please refer to that Federal Register notice for the
description of the specified activities.
Comments and Responses
A notice of NMFS's proposal to issue an IHA to ONR was published in
the Federal Register on August 23, 2021 (86 FR 47065). That proposed
notice described, in detail, ONR's activities, the marine mammal
species that may be affected by the activities and the anticipated
effects on marine mammals. During this period, NMFS received two non-
substantive public comments that did not present relevant information
and did not change our determinations or any aspects of the IHA as
described in the proposed Federal Register notice (86 FR 47065; August
23, 2021).
Changes From the Proposed IHA to Final IHA
NMFS notes one correction to information provided in the notice of
proposed IHA (86 FR 47065; August 23, 2021). The location of the
activity was described in error as being potentially as close as 110
miles from Alaska. The correct distance is 110 nautical miles (nm; 204
km).
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history, of the potentially affected species.
Additional information regarding population trends and threats may be
found in NMFS's Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these species
(e.g., physical and behavioral descriptions) may be found on NMFS's
website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>).
Table 1 lists all species or stocks for which take is expected and
is authorized for this action, and summarizes information related to
the population or stock, including regulatory status under the MMPA and
Endangered Species Act (ESA) and potential biological removal (PBR),
where known. For taxonomy, we follow Committee on Taxonomy (2021). PBR
is defined by the MMPA as the maximum number of animals, not including
natural mortalities, that may be removed from a marine mammal stock
while allowing that stock to reach or maintain its optimum sustainable
population (as described in NMFS's SARs). While no mortality is
anticipated or authorized here, PBR and annual serious injury and
mortality from anthropogenic sources are included here as gross
indicators of the status of the species and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS's stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS's 2020 Alaska SARs (Muto et al., 2021). All values presented in
Table 1 are the most recent available at the time of publication and
are available in the 2020 SARs (Muto et al., 2021) and available online
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 1--Species Expected To Occur in the Project Area
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Stock abundance (CV,
ESA/MMPA status; Nmin, most recent Annual M/SI
Common name Scientific name Stock strategic (Y/N) \1\ abundance survey) PBR \3\
\2\
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Order Cetartiodactyla--Cetacean--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Monodontidae
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Beluga whale.................... Delphinapterus Beaufort Sea \4\... -,-; N 39,258 (0.229, N/A, \4\ UND 102
leucas. 1992)
Beluga whale.................... Delphinapterus Eastern Chukchi.... -,-; N 13,305 (0.51, 8,875, 178 55
leucas. 2012)
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Order Carnivora--Superfamily Pinnipedia
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Family Phocidae (earless seals)
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Ringed seal \5\................. Pusa hispida Arctic............. T, D; Y 171,418 5,100 6,459
hispida.
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\1\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a> assessments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\3\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
associated with estimated mortality due to commercial fisheries is presented in some cases.
\4\ The 2016 guidelines for preparing SARs state that abundance estimates older than 8 years should not be used to calculate PBR due to a decline in the
reliability of an aged estimate. Therefore, the PBR for this stock is considered undetermined.
\5\ Abundance and associated values for ringed seals are for the U.S. population in the Bering Sea only.
A detailed description of the species likely to be affected by the
Arctic Research Activities, including brief information regarding
population trends and threats, and information regarding local
occurrence, were provided in the
[[Page 54933]]
Federal Register notice for the proposed IHA (86 FR 47065; August 23,
2021). Since that time, we are not aware of any changes in the status
of these species and stocks; therefore, detailed descriptions are not
provided here. Please refer to that Federal Register notice for those
descriptions. Please also refer to NMFS's website (<a href="https://www.fisheries.noaa.gov/find-species">https://www.fisheries.noaa.gov/find-species</a>) for generalized species accounts.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Current data indicate that not all marine
mammal species have equal hearing capabilities (e.g., Richardson et
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect
this, Southall et al. (2007) recommended that marine mammals be divided
into functional hearing groups based on directly measured or estimated
hearing ranges on the basis of available behavioral response data,
audiograms derived using auditory evoked potential techniques,
anatomical modeling, and other data. Note that no direct measurements
of hearing ability have been successfully completed for mysticetes
(i.e., low-frequency cetaceans). Subsequently, NMFS (2018) described
generalized hearing ranges for these marine mammal hearing groups.
Generalized hearing ranges were chosen based on the approximately 65
decibel (dB) threshold from the normalized composite audiograms, with
the exception for lower limits for low-frequency cetaceans where the
lower bound was deemed to be biologically implausible and the lower
bound from Southall et al. (2007) retained. Marine mammal hearing
groups and their associated hearing ranges are provided in Table 2.
Table 2--Marine Mammal Hearing Groups (NMFS, 2018)
------------------------------------------------------------------------
Generalized hearing
Hearing group range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen whales).... 7 Hz to 35 kHz.
Mid-frequency (MF) cetaceans (dolphins, toothed 150 Hz to 160 kHz.
whales, beaked whales, bottlenose whales).
High-frequency (HF) cetaceans (true porpoises, 275 Hz to 160 kHz.
Kogia, river dolphins, cephalorhynchid,
Lagenorhynchus cruciger & L. australis).
Phocid pinnipeds (PW) (underwater) (true seals). 50 Hz to 86 kHz.
Otariid pinnipeds (OW) (underwater) (sea lions 60 Hz to 39 kHz.
and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Two marine mammal species (1 cetacean and 1 pinniped (1 phocid)
species) have the reasonable potential to co-occur with the survey
activities. Please refer to Table 1. Beluga whales are classified as
mid-frequency cetaceans.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
The effects of underwater noise from the deployed acoustic sources
have the potential to result in behavioral harassment of marine mammals
in the vicinity of the study area. The Federal Register notice for the
proposed IHA (86 FR 47065; August 23, 2021) included a discussion of
the effects of anthropogenic noise on marine mammals and their habitat,
therefore that information is not repeated here; please refer to the
Federal Register notice (86 FR 47065; August 23, 2021) for that
information.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized through this IHA, which will inform NMFS' consideration of
the negligible impact determination.
Harassment is the only type of take expected to result from these
activities. For this military readiness activity, the MMPA defines
``harassment'' as (i) Any act that injures or has the significant
potential to injure a marine mammal or marine mammal stock in the wild
(Level A harassment); or (ii) Any act that disturbs or is likely to
disturb a marine mammal or marine mammal stock in the wild by causing
disruption of natural behavioral patterns, including, but not limited
to, migration, surfacing, nursing, breeding, feeding, or sheltering, to
a point where the behavioral patterns are abandoned or significantly
altered (Level B harassment).
Authorized takes are by Level B harassment only, in the form of
disruption of behavioral patterns for individual marine mammals
resulting from exposure to acoustic transmissions. Based on the nature
of the activity, Level A harassment is neither anticipated nor
authorized.
As described previously, no mortality is anticipated or authorized
for this activity. Below we describe how the take is estimated.
Generally speaking, we estimate take by considering: (1) Acoustic
thresholds above which NMFS believes the best available science
indicates marine mammals will be behaviorally harassed or incur some
degree of permanent hearing impairment; (2) the area or volume of water
that will be ensonified above these levels in a day; (3) the density or
occurrence of marine mammals within these ensonified areas; and, (4)
and the number of days of activities. We note that while these basic
factors can contribute to a basic calculation to provide an initial
prediction of takes, additional information that can qualitatively
inform take estimates is also sometimes available (e.g., previous
monitoring results or average group size). For this IHA, ONR employed a
sophisticated model known as the Navy Acoustic Effects Model (NAEMO)
for assessing the impacts of underwater sound. Below, we describe the
factors considered here in more detail and present the authorized take.
Acoustic Thresholds
Using the best available science, NMFS recommends the use of
acoustic
[[Page 54934]]
thresholds that identify the received level of underwater sound above
which exposed marine mammals would be reasonably expected to be
behaviorally harassed (equated to Level B harassment) or to incur PTS
of some degree (equated to Level A harassment).
Level B Harassment for non-explosive sources--Though significantly
driven by received level, the onset of behavioral disturbance from
anthropogenic noise exposure is also informed to varying degrees by
other factors related to the source (e.g., frequency, predictability,
duty cycle), the environment (e.g., bathymetry), and the receiving
animals (e.g., hearing, motivation, experience, demography, behavioral
context) and can be difficult to predict (Southall et al., 2007,
Ellison et al., 2012). Based on what the available science indicates
and the practical need to use a threshold based on a factor that is
both predictable and measurable for most activities, NMFS typically
uses a generalized acoustic threshold based on received level to
estimate the onset of behavioral harassment. NMFS typical generalized
acoustic thresholds are received levels of 120 dB of 1 microPascal (re
1 [mu]Pa; rms) for continuous (e.g., vibratory pile-driving, drilling)
and above 160 dB re 1 [mu]Pa (rms) for non-explosive impulsive (e.g.,
seismic airguns) or intermittent (e.g., scientific sonar) sources. In
this case, NMFS has adopted the Navy's approach to estimating
incidental take by Level B harassment from the active acoustic sources
for this action, which includes use of the dose response functions
described below.
The Navy's dose response functions were developed to estimate take
from sonar and similar transducers. Multi-year research efforts have
conducted sonar exposure studies for odontocetes and mysticetes (Miller
et al., 2012; Sivle et al., 2012). Several studies with captive animals
have provided data under controlled circumstances for odontocetes and
pinnipeds (Houser et al., 2013a; Houser et al., 2013b). Moretti et al.,
(2014) published a beaked whale dose-response curve based on passive
acoustic monitoring of beaked whales during U.S. Navy training activity
at Atlantic Underwater Test and Evaluation Center during actual Anti-
Submarine Warfare exercises. This new information necessitated the
update of the behavioral response criteria for the U.S. Navy's
environmental analyses.
Southall et al., (2007), and more recently Southall et al., (2019),
synthesized data from many past behavioral studies and observations to
determine the likelihood of behavioral reactions at specific sound
levels. While in general, the louder the sound source the more intense
the behavioral response, it was clear that the proximity of a sound
source and the animal's experience, motivation, and conditioning were
also critical factors influencing the response (Southall et al., 2007;
Southall et al., 2019). After examining all of the available data, the
authors felt that the derivation of thresholds for behavioral response
based solely on exposure level was not supported because context of the
animal at the time of sound exposure was an important factor in
estimating response. Nonetheless, in some conditions, consistent
avoidance reactions were noted at higher sound levels depending on the
marine mammal species or group allowing conclusions to be drawn. Phocid
seals demonstrated avoidance reactions at or below 190 dB re 1
[micro]Pa at 1m; thus, seals may actually receive levels adequate to
produce TTS before avoiding the source.
Odontocete behavioral criteria for non-impulsive sources were
updated based on controlled exposure studies for dolphins and sea
mammals, sonar, and safety (3S) studies where odontocete behavioral
responses were reported after exposure to sonar (Antunes et al., 2014;
Houser et al., 2013b); Miller et al., 2011; Miller et al., 2014; Miller
et al., 2012). For the 3S study, the sonar outputs included 1-2
kilohertz (kHz) up- and down-sweeps and 6-7 kHz up-sweeps; source
levels were ramped up from 152-158 dB re 1 [micro]Pa to a maximum of
198-214 re 1 [micro]Pa at 1 meter (m). Sonar signals were ramped up
over several pings while the vessel approached the mammals. The study
did include some control passes of ships with the sonar off to discern
the behavioral responses of the mammals to vessel presence alone versus
active sonar.
The controlled exposure studies included exposing the Navy's
trained bottlenose dolphins to mid-frequency sonar while they were in a
pen. Mid-frequency sonar was played at 6 different exposure levels from
125-185 dB re 1 [micro]Pa (rms). The behavioral response function for
odontocetes resulting from the studies described above has a 50 percent
probability of response at 157 dB re 1 [micro]Pa. Additionally,
distance cutoffs (20 km for mid-frequency (MF) cetaceans) were applied
to exclude exposures beyond which the potential of significant
behavioral responses is considered to be unlikely.
The pinniped behavioral threshold was updated based on controlled
exposure experiments on the following captive animals: Hooded seal,
gray seal (Halichoerus grypus), and California sea lion (G[ouml]tz et
al., 2010; Houser et al., 2013a; Kvadsheim et al., 2010). Hooded seals
were exposed to increasing levels of sonar until an avoidance response
was observed, while the grey seals were exposed first to a single
received level multiple times, then an increasing received level. Each
individual California sea lion was exposed to the same received level
ten times. These exposure sessions were combined into a single response
value, with an overall response assumed if an animal responded in any
single session. The resulting behavioral response function for
pinnipeds has a 50 percent probability of response at 166 dB re 1
[mu]Pa. Additionally, distance cutoffs (10 km for pinnipeds) were
applied to exclude exposures beyond which the potential of significant
behavioral responses is considered to be unlikely.
Level A harassment for non-explosive sources--NMFS' Technical
Guidance for Assessing the Effects of Anthropogenic Sound on Marine
Mammal Hearing (Version 2.0) (Technical Guidance, 2018) identifies dual
criteria to assess auditory injury (Level A harassment) to five
different marine mammal groups (based on hearing sensitivity) as a
result of exposure to noise from two different types of sources
(impulsive or non-impulsive). ONR's activities involve only non-
impulsive sources.
These thresholds are provided in Table 3 below. The references,
analysis, and methodology used in the development of the thresholds are
described in NMFS 2018 Technical Guidance, which may be accessed at
<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
[[Page 54935]]
Table 3--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa2s. In this Table, thresholds are abbreviated to reflect American National
Standards Institute standards (ANSI 2013). However, peak sound pressure is defined by ANSI as incorporating
frequency weighting, which is not the intent for this Technical Guidance. Hence, the subscript ``flat'' is
being included to indicate peak sound pressure should be flat weighted or unweighted within the generalized
hearing range. The subscript associated with cumulative sound exposure level thresholds indicates the
designated marine mammal auditory weighting function (LF, MF, and HF cetaceans, and PW and OW pinnipeds) and
that the recommended accumulation period is 24 hours. The cumulative sound exposure level thresholds could be
exceeded in a multitude of ways (i.e., varying exposure levels and durations, duty cycle). When possible, it
is valuable for action proponents to indicate the conditions under which these acoustic thresholds will be
exceeded.
Quantitative Modeling
The Navy performed a quantitative analysis to estimate the number
of marine mammals that could be exposed to underwater acoustic
transmissions above the previously described threshold criteria during
ONR's action. Inputs to the quantitative analysis included marine
mammal density estimates obtained from the Navy Marine Species Density
Database, marine mammal depth occurrence distributions (U.S. Department
of the Navy, 2017b), oceanographic and environmental data, marine
mammal hearing data, and criteria and thresholds for levels of
potential effects. The quantitative analysis consists of computer
modeled estimates and a post-model analysis to determine the number of
potential animal exposures. The model calculates sound energy
propagation from the non-impulsive acoustic sources, the sound received
by animat (virtual animal) dosimeters representing marine mammals
distributed in the area around the modeled activity, and whether the
sound received by animats exceeds the thresholds for effects.
The Navy developed a set of software tools and compiled data for
estimating acoustic effects on marine mammals without consideration of
behavioral avoidance or mitigation. These tools and data sets serve as
integral components of NAEMO. In NAEMO, animats are distributed non-
uniformly based on species-specific density, depth distribution, and
group size information and animats record energy received at their
location in the water column. A fully three-dimensional environment is
used for calculating sound propagation and animat exposure in NAEMO.
Site-specific bathymetry, sound speed profiles, wind speed, and bottom
properties are incorporated into the propagation modeling process.
NAEMO calculates the likely propagation for various levels of energy
(sound or pressure) resulting from each source used during the training
event.
NAEMO then records the energy received by each animat within the
energy footprint of the event and calculates the number of animats
having received levels of energy exposures that fall within defined
impact thresholds. Predicted effects on the animats within a scenario
are then tallied and the highest order effect (based on severity of
criteria; e.g., PTS over TTS) predicted for a given animat is assumed.
Each scenario, or each 24-hour period for scenarios lasting greater
than 24 hours is independent of all others, and therefore, the same
individual marine mammal (as represented by an animat in the model
environment) could be impacted during each independent scenario or 24-
hour period. In few instances, although the activities themselves all
occur within the study location, sound may propagate beyond the
boundary of the study area. Any exposures occurring outside the
boundary of the study area are counted as if they occurred within the
study area boundary. NAEMO provides the initial estimated impacts on
marine species with a static horizontal distribution (i.e., animats in
the model environment do not move horizontally).
There are limitations to the data used in the acoustic effects
model, and the results must be interpreted within this context. While
the best available data and appropriate input assumptions have been
used in the modeling, when there is a lack of definitive data to
support an aspect of the modeling, conservative modeling assumptions
have been chosen (i.e., assumptions that may result in an overestimate
of acoustic exposures):
<bullet> Animats are modeled as being underwater, stationary, and
facing the source and therefore always predicted to receive the maximum
potential sound level at a given location (i.e., no porpoising or
pinnipeds' heads above water);
<bullet> Animats do not move horizontally (but change their
position vertically within the water column), which may overestimate
physiological effects such as hearing loss, especially for slow moving
or stationary sound sources in the model;
<bullet> Animats are stationary horizontally and therefore do not
avoid the sound source, unlike in the wild where animals would most
often avoid exposures at higher sound levels, especially those
exposures that may result in PTS;
<bullet> Multiple exposures within any 24-hour period are
considered one continuous exposure for the purposes of calculating
potential threshold shift, because there are not sufficient data to
estimate a hearing recovery function for the time between exposures;
and
<bullet> Mitigation measures were not considered in the model. In
reality, sound-producing activities would be reduced, stopped, or
delayed if marine mammals are detected by visual monitoring.
Because of these inherent model limitations and simplifications,
model-estimated results should be further analyzed, considering such
factors as the range to specific effects, avoidance, and the likelihood
of successfully implementing mitigation measures. This analysis uses a
number of factors in addition to the acoustic model results to
[[Page 54936]]
predict acoustic effects on marine mammals.
For the other non-impulsive sources, NAEMO calculates the SPL and
SEL for each active emission during an event. This is done by taking
the following factors into account over the propagation paths:
Bathymetric relief and bottom types, sound speed, and attenuation
contributors such as absorption, bottom loss, and surface loss.
Platforms such as a ship using one or more sound sources are modeled in
accordance with relevant vehicle dynamics and time durations by moving
them across an area whose size is representative of the testing event's
operational area.
Table 4 provides range to effects for noise produced through use of
the acoustic sources to mid-frequency cetacean and pinniped-specific
criteria. Range to effects is important information in predicting non-
impulsive acoustic impacts. Therefore, the ranges in Table 4 provide
realistic maximum distances over which the specific effects from the
use of non-impulsive sources during ONR's action will be possible.
Table 4--Range to PTS, TTS, and Behavioral Effects in the Project Area Based on Cutoff Distances for Non-Impulsive Acoustic Sources
--------------------------------------------------------------------------------------------------------------------------------------------------------
Range to behavioral effects Range to TTS effects (meters) Range to PTS effects (meters)
(meters) c c
Source type -----------------------------------------------------------------------------------------------
MF cetacean Pinniped MF cetacean Pinniped MF cetacean Pinniped
--------------------------------------------------------------------------------------------------------------------------------------------------------
On-site drifting sources b.............................. a 10,000 a 10,000 0 0 0 0
Fixed sources........................................... a 20,000 a 5,000 0 0 0 0
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Cutoff distance applied (U.S. Department of the Navy, 2017a).
b Assessed under the assumption that some of the on-site drifting sources would become closer together.
c No effect (and therefore, no distance from source) is anticipated based on the NAEMO modeling.
A behavioral response study conducted on and around the Navy range
in Southern California (SOCAL BRS) observed reactions to sonar and
similar sound sources by several marine mammal species, including
Risso's dolphins (Grampus griseus), a mid-frequency cetacean (DeRuiter
et al., 2013; Goldbogen et al., 2013; Southall et al., 2011; Southall
et al., 2012; Southall et al., 2013). In a preliminary analysis, none
of the Risso's dolphins exposed to simulated or real mid-frequency
sonar demonstrated any overt or obvious responses (Southall et al.,
2012, Southall et al., 2013). In general, although the responses to the
simulated sonar were varied across individuals and species, none of the
animals exposed to real Navy sonar responded; these exposures occurred
at distances beyond 10 km, and were up to 100 km away (DeRuiter et al.,
2013). These data suggest that most odontocetes (not including beaked
whales (Family Ziphiidae) and harbor porpoises (Phocoena phocoena))
likely do not exhibit significant behavioral reactions to sonar and
other transducers beyond approximately 10 km. Therefore, the Navy uses
a cutoff distance for odontocetes of 10 km for moderate source level,
single platform training, and testing events, and 20 km for all other
events, including ONR's action (U.S. Department of the Navy, 2017a).
NMFS has adopted this approach in support of this final IHA.
Southall et al., (2007) reported that pinnipeds do not exhibit
strong reactions to SPLs up to 140 dB re 1 [micro]Pa from non-impulsive
sources. While there are limited data on pinniped behavioral responses
beyond about 3 km in the water, the Navy used a distance cutoff of 2.7
nm (5 km) for moderate source level, single platform training and
testing events, and 5.4 nm (10 km) for all other events, including the
Arctic Research Activities (U.S. Department of the Navy, 2017a).
Regardless of the received level at the cutoff distances described
above, take is not estimated to occur beyond 10 and 20 km from the
source for pinnipeds and cetaceans, respectively. No instances of PTS
were modeled for any species or stock; as such, no take by Level A
harassment is anticipated or is authorized. Further information on
cutoff distances can be found in Section 6.5.1 in ONR's 2021-2022 IHA
application on NMFS' website: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities</a>.
The marine mammal density numbers utilized for quantitative
modeling are from the Navy Marine Species Density Database (U.S.
Department of the Navy, 2014). Density estimates are based on habitat-
based modeling by Kaschner et al., (2006) and Kaschner (2004). While
density estimates for the two stocks of beluga whales are equal
(Kaschner et al., 2006; Kaschner 2004), take has been apportioned to
each stock proportional to the abundance of each stock. Table 5 shows
the exposures expected for the beluga whale and ringed seal based on
NAEMO modeled results.
Table 5--Quantitative Modeling Results of Potential Exposures
----------------------------------------------------------------------------------------------------------------
Density Level B Level B Percentage of
Species (animals/ harassment harassment Total take stock taken
km\2\) (behavioral) (TTS) \1\
----------------------------------------------------------------------------------------------------------------
Cetacean (odontocete)
----------------------------------------------------------------------------------------------------------------
Beluga Whale (Beaufort Sea 0.0087 375 0 375 0.96
stock) \1\.....................
Beluga Whale (Chukchi Sea stock) .............. 125 0 125 0.94
\1\............................
----------------------------------------------------------------------------------------------------------------
[[Page 54937]]
Pinniped (phocid)
----------------------------------------------------------------------------------------------------------------
Ringed Seal..................... 0.3958 6,050 0 6,050 3.53
----------------------------------------------------------------------------------------------------------------
\1\ Acoustic exposures to beluga whales were not modeled at the stock level. Take of beluga whales in each stock
was based on the proportion of each stock in relation to the total number of beluga whales. Therefore, 75
percent of the calculated take was apportioned to the Beaufort Sea stock, and 25 percent of the calculated
take was apportioned to the Eastern Chukchi Sea stock.
Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other means of effecting the least practicable impact on
the species or stock and its habitat, paying particular attention to
rookeries, mating grounds, and areas of similar significance, and on
the availability of the species or stock for taking for certain
subsistence uses. NMFS regulations require applicants for incidental
take authorizations to include information about the availability and
feasibility (economic and technological) of equipment, methods, and
manner of conducting the activity or other means of effecting the least
practicable adverse impact upon the affected species or stocks and
their habitat (50 CFR 216.104(a)(11)). The NDAA for FY 2004 amended the
MMPA as it relates to military readiness activities and the incidental
take authorization process such that ``least practicable impact'' shall
include consideration of personnel safety, practicality of
implementation, and impact on the effectiveness of the military
readiness activity.
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat, as
well as subsistence uses. This considers the nature of the potential
adverse impact being mitigated (likelihood, scope, range). It further
considers the likelihood that the measure will be effective if
implemented (probability of accomplishing the mitigating result if
implemented as planned), the likelihood of effective implementation
(probability implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
Mitigation for Marine Mammals and Their Habitat
Ships operated by or for the Navy have personnel assigned to stand
watch at all times, day and night, when moving through the water. While
in transit, ships must use extreme caution and proceed at a safe speed
(1-3 knots in ice; <10 knots in open ice-free waters) 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.
While underway, the ships (including non-Navy ships operating on
behalf of the Navy) utilizing active acoustics and towed in-water
devices will have at least one watch person during activities. While
underway, watch personnel must be alert at all times and have access to
binoculars.
During mooring or UUV deployment, visual observation will start 15
minutes prior to and continue throughout the deployment within an
exclusion zone of 180 feet (ft; 55 m, 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.
Ships will avoid approaching marine mammals head-on and will
maneuver to maintain an exclusion zone of 500 yards (yd; 457 m) around
observed whales, and 200 ft (183 m) around all other marine mammals,
provided it is safe to do so in ice-free waters.
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 observed marine
mammal.
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 that
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 500 yd
(457 m).
Based on our evaluation of the Navy's measures, NMFS has determined
that the mitigation measures provide the means effecting the least
practicable impact on the affected species or stocks and their habitat,
paying particular attention to rookeries, mating grounds, and areas of
similar significance, and on the availability of such species or stock
for subsistence uses.
Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104 (a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present in the
action area. Effective reporting is critical, both to compliance as
well as to ensure that the most value is obtained from the required
monitoring.
Monitoring and reporting requirements prescribed by NMFS
[[Page 54938]]
should contribute to improved understanding of one or more of the
following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density).
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas).
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors.
<bullet> How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks.
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat).
<bullet> Mitigation and monitoring effectiveness.
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, 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 will occur. This plan is
called the Integrated Comprehensive Monitoring Program (ICMP) (U.S.
Department of the 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 (greater than 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.
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 2021-2022 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:
<bullet> Time, date, and location of the discovery;
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and
<bullet> General circumstances under which the animal(s) was
discovered (e.g., 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 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.
Negligible Impact Analysis and Determination
NMFS has defined negligible impact as an impact resulting from the
specified activity that cannot be reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. We also assess the number, intensity, and context of
estimated takes by evaluating this information relative to population
status. Consistent with the 1989 preamble for NMFS's implementing
regulations (54 FR 40338; September 29, 1989), the impacts from other
past and ongoing anthropogenic activities are incorporated into this
analysis via their impacts on the environmental baseline (e.g., as
reflected in the regulatory status
[[Page 54939]]
of the species, population size and growth rate where known, ongoing
sources of human-caused mortality, or ambient noise levels).
Underwater acoustic transmissions associated with the Arctic
Research Activities, as outlined previously, have the potential to
result in Level B harassment of beluga seals and ringed seals in the
form of behavioral disturbances. No serious injury, mortality, or Level
A harassment are anticipated to result from these described activities.
Effects on individuals that are taken by Level B harassment could
include alteration of dive behavior, alteration of foraging behavior,
effects to breathing rates, interference with or alteration of
vocalization, avoidance, and flight. More severe behavioral responses
are not anticipated due to the localized, intermittent use of active
acoustic sources. Most likely, individuals will simply be temporarily
displaced by moving away from the acoustic source. As described
previously in the behavioral effects section, seals exposed to non-
impulsive sources with a received sound pressure level within the range
of calculated exposures (142-193 dB re 1 [mu]Pa), have been shown to
change their behavior by modifying diving activity and avoidance of the
sound source (G[ouml]tz et al., 2010; Kvadsheim et al., 2010). Although
a minor change to a behavior may occur as a result of exposure to the
sound sources associated with ONR's action, these changes will be
within the normal range of behaviors for the animal (e.g., the use of a
breathing hole further from the source, rather than one closer to the
source, will be within the normal range of behavior). Thus, even
repeated Level B harassment of some small subset of the overall stock
is unlikely to result in any significant realized decrease in fitness
for the affected individuals, and will not result in any adverse impact
to the stock as a whole.
The project is not expected to have significant adverse effects on
marine mammal habitat. While the activities may cause some fish to
leave the area of disturbance, temporarily impacting marine mammals'
foraging opportunities, this will encompass a relatively small area of
habitat leaving large areas of existing fish and marine mammal foraging
habitat unaffected. As such, the impacts to marine mammal habitat are
not expected to cause significant or long-term negative consequences
In summary and as described above, the following factors primarily
support our determination that the impacts resulting from this activity
are not expected to adversely affect the species or stock through
effects on annual rates of recruitment or survival:
<bullet> No injury, serious injury, or mortality is anticipated or
authorized;
<bullet> Impacts will be limited to Level B harassment only;
<bullet> TTS is not expected or predicted to occur; only temporary
behavioral modifications are expected to result from these activities;
and
<bullet> There will be no permanent or significant loss or
modification of marine mammal prey or habitat.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the monitoring and mitigation
measures, NMFS finds that the total marine mammal take from these
activities will have a negligible impact on all affected marine mammal
species or stocks.
Unmitigable Adverse Impact Analysis and Determination
Impacts to subsistence uses of marine mammals resulting from the
planned action are not anticipated (as described in greater detail in
the proposed notice of the IHA (86 FR 47065; August 23, 2021)). The
closest active acoustic source (fixed or drifting) within the project
site that is likely to cause Level B harassment take is approximately
110 nm (204 km) from land and outside of known subsistence use areas.
However, almost all leave-behind sources that will constitute most of
the Level B harassment take will be approximately 240 mi (386 km) from
shore. In comparison with IHAs issued to ONR for their previous Arctic
Research Activities, this project is further north; therefore, there is
no spatial overlap between known subsistence harvest sites and the
activities contained herein. Furthermore, and as stated above, the
range to effects for non-impulsive acoustic sources in this experiment
is much smaller than the distance from shore, with acoustic sources
that could constitute take being located far away from known
subsistence hunting areas. Lastly, the action will not remove
individuals from the population.
Based on this information, NMFS has determined that there will be
no unmitigable adverse impact on subsistence uses from ONR's planned
activities.
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 AKR issued a Biological Opinion on September 29, 2021, which
concluded that ONR's Arctic Research Activities and NMFS's issuance of
an IHA for those activities are not likely to jeopardize the continued
existence of the Arctic ringed seal or adversely modify any designated
critical habitat.
National Environmental Policy Act
In compliance with the National Environmental Policy Act (NEPA) of
1969 (42 U.S.C. 4321 et seq.), as implemented by the regulations
published by the Council on Environmental Quality (CEQ; 40 CFR parts
1500-1508), ONR prepared an Supplemental Overseas Environmental
Assessment (SOEA) to consider the direct, indirect, and cumulative
effects to the human environment resulting from the Arctic Research
Activities. NMFS made ONR's SOEA available to the public for review and
comment, concurrently with the publication of the proposed IHA (86 FR
47065; August 23, 2021), on the NMFS website (<a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-1">https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-1</a>), in relation to
its suitability for adoption by NMFS in order to assess the impacts to
the human environment of issuance of an IHA to ONR. In addition, in
compliance with NEPA and the CEQ regulations, as well as NOAA
Administrative Order 216-6, NMFS has reviewed ONR's SOEA and determined
it to be sufficient. NMFS has subsequently adopted that EA (SOEA) and
signed a Finding of No Significant Impact (FONSI) on September 23,
2021.
Authorization
As a result of these determinations, NMFS has issued an IHA to ONR
for conducting oceanographic research activities in the Beaufort and
eastern Chukchi Seas from October 5, 2021 through October 4, 2022,
provided the previously mentioned mitigation, monitoring, and reporting
requirements are incorporated.
[[Page 54940]]
Dated: September 30, 2021.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-21672 Filed 10-4-21; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on October 5, 2021.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.