[Federal Register Volume 88, Number 184 (Monday, September 25, 2023)]
[Notices]
[Pages 65657-65660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-20741]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XD388]


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; 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 Office of Naval Research (ONR) for the renewal of their 
IHA to take marine mammals incidental to Arctic Research Activities 
(ARA) in the Beaufort Sea and eastern Chukchi Sea.

DATES: This renewal IHA is effective September 18, 2023 through 
September 13, 2024.

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

[[Page 65658]]

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:
     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); and
     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; and
    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: https://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 authorized here qualifies as a military readiness 
activity.

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 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 has been authorized are identical to those covered in 
the initial 2022 authorization. As required, the applicant also 
provided a preliminary monitoring report (available at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-research-arctic-research-activities-beaufort-2) 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 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 planned 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 planned action 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 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 planned 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 
authorized 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 renewal IHA 
is effective from through September 13, 2024.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which take is authorized, 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 take is 
authorized 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.

[[Page 65659]]

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--Authorized Take by Level B Harassment
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                                Non-impulsive                                                      Percentage of
                                   active        Icebreaking     Icebreaking    Total authorized       stock
           Species                acoustics     (behavioral)        (TTS)      take (behavioral/  authorized for
                                (behavioral)                                          TTS)           take \1\
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Beluga whale--Beaufort Sea                134              11               0              145/0           0.369
 Stock.......................
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.

Description of Mitigation, Monitoring and Reporting Measures

    The planned 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 required for this renewal:
     All ships operated by or for the Navy must have personnel 
assigned to stand watch at all times while underway;
     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;
     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;
     Ship captains and subsistence whalers will maintain at-sea 
communication to avoid conflict of ship transit with hunting activity;
     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;
     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;
     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;
     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;
     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;
     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;
     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; and
     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

    NMFS received no public comments.

Determinations

    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 
initial IHA. Based on the information and analysis contained here and 
in the referenced documents, NMFS has determined the following: (1) the 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the 
authorized takes will have a negligible

[[Page 65660]]

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.

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 
ARA from September 2023 to September 2024 and the 2022 IHA monitoring 
report. Based on that review, we have determined that the planned 
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.

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.
    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 OPR 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.

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 through September 13, 2024.

    Dated: September 20, 2023.
Catherine Marzin,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2023-20741 Filed 9-22-23; 8:45 am]
BILLING CODE 3510-22-P