Notice2023-18683
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 6)
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 30, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from the Office of Naval Research (ONR) for the renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to Arctic Research Activities (ARA) in the Beaufort Sea and eastern Chukchi Sea. These activities identical to those covered in the current authorization. Pursuant to the Marine Mammal Protection Act (MMPA), prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30- day comment period.
Full Text
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<title>Federal Register, Volume 88 Issue 167 (Wednesday, August 30, 2023)</title>
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[Federal Register Volume 88, Number 167 (Wednesday, August 30, 2023)]
[Notices]
[Pages 59872-59876]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18683]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD290]
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 6)
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
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SUMMARY: NMFS received a request from the Office of Naval Research
(ONR) for the renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to Arctic
Research Activities (ARA) in the Beaufort Sea and eastern Chukchi Sea.
These activities identical to those covered in the current
authorization. Pursuant to the Marine Mammal Protection Act (MMPA),
prior to issuing the currently active IHA, NMFS requested comments on
both the proposed IHA and the potential for renewing the initial
authorization if certain requirements were satisfied. The renewal
requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed renewal not previously provided during the initial 30-
day comment period.
DATES: Comments and information must be received no later than
September 14, 2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#f4bda0a4da849581989d9a91b49a9b9595da939b82"><span class="__cf_email__" data-cfemail="fcb5a8acd28c9d8990959299bc92939d9dd29b938a">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-
authorizations-under-
[[Page 59873]]
marine-mammal-protection-act without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
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: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of
problems accessing these documents, please call the contact listed
below.
FOR FURTHER INFORMATION CONTACT: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
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, an IHA is
issued.
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 1 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 1-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 Detailed
Description of Specified Activities section of the initial IHA issuance
notice is planned, or (2) the activities as described in the
Description of the Specified Activities and Anticipated Impacts section
of the initial IHA issuance notice would not be completed by the time
the initial IHA expires and a renewal would allow for completion of the
activities beyond that described in the DATES section of the notice of
issuance of the initial IHA, provided all of the following conditions
are met:
1. 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 1 year from expiration of the
initial IHA).
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested Renewal IHA are identical to the activities analyzed
under the initial IHA, are a subset of the activities, or include
changes so minor (e.g., reduction in pile size) that the changes do not
affect the previous analyses, mitigation and monitoring requirements,
or take estimates (with the exception of reducing the type or amount of
take).
<bullet> 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.
3. 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: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any comments received on the potential renewal, along with
relevant comments on the initial IHA, have been considered in the
development of this proposed IHA renewal, and a summary of agency
responses to applicable comments is included in this notice. NMFS will
consider any additional public comments prior to making any final
decision on the issuance of the requested renewal, and agency responses
will be summarized in the final notice of our decision.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.'' The activity for which incidental take of marine
mammals is being requested addressed here qualifies as a military
readiness activity.
National Environmental Policy Act (NEPA)
In August 2022, the U.S. Navy prepared an Overseas Environmental
Assessment (OEA) analyzing the project. Prior to issuing the IHA for
the project, we reviewed the 2022 OEA 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 (87 FR 57458;
September 20, 2022).
We have reviewed ONR's application for a renewed IHA for ongoing
Arctic Research Activities from September 2023 to September 2024 and
the 2022 IHA monitoring report. Based on that review, we have
determined that the proposed action is identical to that considered in
the previous IHA. In addition, no significant new circumstances or
information relevant to environmental concerns have been identified.
Thus, we have preliminarily determined that the preparation of a new or
supplemental NEPA document is not necessary.
History of Request
On September 14, 2022, NMFS issued an IHA to ONR to take marine
mammals incidental to Arctic Research Activities in the Beaufort and
Chukchi Seas (87 FR 57458; September 20, 2022), effective
[[Page 59874]]
from September 14, 2022 through September 13, 2023. On July 17, 2023,
NMFS received an application for the renewal of that initial IHA. As
described in the application for Renewal IHA, the activities for which
incidental take is requested are identical to those covered in the
initial 2022 authorization. As required, the applicant also provided a
preliminary monitoring report (available at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-2">https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-2</a>) 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.
This proposed Renewal IHA would cover the sixth 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; 86
FR 54931, October 5, 2021; 87 FR 57458, September 20, 2022). The larger
project supports the development of an under-ice navigation system
under the ONR Arctic Mobile Observing System (AMOS) project.
Description of the Specified Activities and Anticipated Impacts
ONR's ARA includes the AMOS experiments in the Beaufort and Chukchi
Seas. Project activities involve acoustic testing 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 from the
Research Vessel Sikuliaq. Another vessel will be used to retrieve the
acoustic sources. The activities proposed under the Renewal IHA are
identical to those in the initial 2022 IHA.
Anticipated impacts, which would consist of Level B harassment of
marine mammals, would also be identical to those analyzed and
authorized in the initial 2022 IHA (87 FR 57458, September 20, 2022).
ONR's request is for take of a small number of ringed seals (Pusa
hispida hispida), and two stocks of beluga whales (Delphinapterus
leucas) by Level B harassment only. The proposed authorized take
numbers are identical to those in the initial 2022 IHA. Neither ONR nor
NMFS expects serious injury or mortality to result from ONR's Arctic
Research Activities. Additional information on the proposed activities
may be found in the notice of proposed IHA (87 FR 44339, July 26, 2022)
for the initial 2022 authorization and notice of Final IHA (87 FR
57458, September 20, 2022).
Detailed Description of the Activity
A detailed description of ARA activities for which take is proposed
here may be found in the Notices of the Proposed and Final IHA for the
initial 2022 authorization (87 FR 44339, July 26, 2022; 87 FR 57458,
September 20, 2022). The location, timing, and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices. The proposed
renewal would be effective for a period not exceeding 1 year from the
date of expiration of the initial IHA.
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
Notices of the Proposed IHA (87 FR 44339, July 26, 2022) for the
initial 2022 authorization. NMFS has reviewed the monitoring data from
the initial IHA, Stock Assessment Reports, information on relevant
Unusual Mortality Events (UMEs), unusual and other scientific
literature, and determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or the pertinent information in the Description of the Marine
Mammals in the Area of Specified Activities contained in the supporting
documents for the initial 2022 IHA.
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 the
authorization of take is proposed here may be found in the Notices of
the Proposed and Final IHAs for the initial 2022 authorization (87 FR
44339, July 26, 2022; 87 FR 57458, September 20, 2022). NMFS has
reviewed the monitoring data from the initial IHA, recent draft Stock
Assessment Reports, information on relevant UMEs, and other scientific
literature, 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 2022 authorization (87 FR
44339, July 26, 2022; 87 FR 57458, September 20, 2022). The activities
applicable to this authorization remain unchanged from the previously
issued IHA. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the previously issued IHA, as do the number
of takes, which are indicated below in table 1.
Table 1--Proposed Take by Level B Harassment
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Total proposed
Non-impulsive authorized Percentage of
Species active Icebreaking Icebreaking take stock
acoustics (behavioral) (TTS) ---------------- requested for
(behavioral) Behavioral/TTS take \1\
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Beluga whale--Beaufort Sea Stock 134 11 0 145/0 0.369
Beluga whale--Eastern Chukchi 134 11 0 145/0 1.09
Sea Stock......................
Ringed seal..................... 2,839 538 1 3,377/1 1.97
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\1\ Percentage of stock taken calculated based on proportion of number of Level B takes per the stock population
estimate provided in Table 3-1 in the application.
[[Page 59875]]
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (87 FR 57458, September 20, 2022) and the discussion of the
least practicable adverse impact included in that document and the
Notice of the proposed IHA (87 FR 44339, July 26, 2022) remain
accurate. The following measures are proposed for this renewal:
<bullet> All ships operated by or for the Navy must have personnel
assigned to stand watch at all times while underway.
<bullet> During moored and drifting acoustic source deployment, ONR
must implement a mitigation zone of 180 feet (55 meters) around the
deployed source. Deployment must cease if a marine mammal is visually
detected within the mitigation zone.
<bullet> Ships must avoid approaching marine mammals head-on and
must maneuver to maintain a mitigation zone of 500 yards (457 meters)
around all observed cetaceans and 200 yards (183 meters) around all
other observed marine mammals, provided it is safe to do so.
<bullet> Ship captains and subsistence whalers will maintain at-sea
communication to avoid conflict of ship transit with hunting activity.
<bullet> Activities must cease if a marine mammal species for which
take was not authorized, or a species for which authorization was
granted but the authorized number of takes have been met, is observed
approaching or within the Level A or Level B harassment zones.
Activities must not resume until the animal is confirmed to have left
the area.
<bullet> While underway, all ships must have at least one person
trained through the U.S. Navy Marine Species Awareness Training Program
on watch during all activities.
<bullet> Watch personnel must use standardized data collection
forms, whether hard copy or electronic. Watch personnel must
distinguish between sightings that occur on transit or during
deployment of acoustic sources. Data will be recorded on all days of
activities even if marine mammals are not sighted.
<bullet> During deployment of acoustic sources or unmanned
underwater vehicles (UUVs), visual observation must begin 30 minutes
prior to deployment and continue through 30 minutes following the
source deployment.
<bullet> The ONR will submit a draft report to NMFS Office of
Protected Resources (OPR) and Alaska Regional (AKR) on all monitoring
conducted under the IHA within 90 calendar days of the completion of
each research cruise, or 60 days prior to the issuance of any
subsequent IHA for this project, whichever comes first. The report must
include data regarding acoustic source use, the number of shutdowns
during monitoring, any marine mammal sightings (including the marine
mammal's location (latitude and longitude)), and the number of
individuals of each species observed during source deployment and
operation, and their behavior and distance from the project activities.
A final report must be prepared and submitted to NMFS OPR and AKR
within 30 days following resolution of comments on the draft report
from NMFS.
<bullet> 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.
<bullet> In the event that personnel involved in the survey
activities discover an injured or dead marine mammal, the ONR must
report the incident to the OPR NMFS and to the AKR Stranding
Coordinator as soon as feasible. The report must include time, date,
and location of discover, species identification, animal condition,
observed behaviors, photographs and/or video footage, if available, and
circumstances under which the animal was discovered.
<bullet> In the event of a ship strike of a marine mammal by any
vessel involved in the activities covered by the authorization, the ONR
must report the incident to OPR, NMFS and to the AKR Stranding
Coordinator as soon as feasible. The report must include time, date,
and location of the incident, species identification, vessel speed,
vessel course/heading and operations, sound source status, avoidance
measures taken, environmental conditions, animal's estimated size,
length, and behavior, presence and behavior of other marine mammals in
the area, estimated fate of the animal, and photos/video footage of the
animal, if available.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (87
FR 44339, July 26, 2022) and solicited public comments on both our
proposal to issue the initial IHA and on the potential for a Renewal
IHA, should certain requirements be met.
There we no substantive comments received that needed to be
addressed in the notice announcing the issuance of the initial 2022 IHA
(87 FR 57458, September 20, 2022).
Preliminary Determinations
The proposed action of this Renewal IHA, ONR's Arctic Research
Activities, would be identical to the activities analyzed in the
initial 2022 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.
Furthermore, the mitigation measures and monitoring and reporting
requirements are identical to those in the initial 2022 IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial 2022 IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) the required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) ONR's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action; and,
(5) appropriate monitoring and reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA, 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 whenever we propose to authorize take for
endangered or threatened species, in this case with the Alaska Regional
Office.
[[Page 59876]]
There is one marine mammal species (Arctic ringed seal) with
confirmed occurrence in the study area that is listed as threatened
under the ESA. The NMFS Alaska Regional Office of Protected Resources
Division issued a Biological Opinion on September 13, 2022 under
section 7 of the ESA, on the issuance of an IHA to ONR under section
101(a)(5)(D) of the MMPA by the NMFS Permits and Conservation Division.
The Biological Opinion concluded that the action is not likely to
jeopardize the continued existence of Arctic ringed seals, and is not
likely to destroy or adversely modify Arctic ringed seal critical
habitat.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a Renewal IHA to ONR for conducting Arctic Research Activities in
the Beaufort and Chukchi Seas from September 14, 2023 to September 13,
2024, provided the previously described mitigation, monitoring, and
reporting requirements are incorporated. A draft of the proposed and
final initial IHA can be found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request comment on our analyses, the proposed Renewal IHA, and
any other aspect of this notice. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization.
Dated: August 24, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2023-18683 Filed 8-29-23; 8:45 am]
BILLING CODE 3510-22-P
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