    [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]

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    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.

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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 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

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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-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

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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 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

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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
    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