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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices B harassment zone and shutdown zones will commence.
Nighttime MonitoringPSOs will use NVDs and IR for nighttime and low visibility monitoring. AGDC will select devices for monitoring, and will test the devices to determine the efficacy of the monitoring equipment and technique.
For a detailed explanation of AGDCs plan to test the NVDs and IR equipment, please see AGDCs 4MP, available online at https
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. Please note that AGDC will not assess object detection at distance intervals using buoys as stated in the 4MP. Rather, they will test object detection on land using existing landmarks at known distances from PSOs, such as road signs.
Soft StartSoft-start procedures are believed to provide additional protection to marine mammals by providing warning and/or giving marine mammals a chance to leave the area prior to the hammer operating at full capacity. For impact pile driving, contractors will be required to provide an initial set of three strikes from the hammer at reduced energy, followed by a 30-second waiting period. This procedure will be conducted three times before impact pile driving begins. Soft start will be implemented at the start of each days impact pile driving and at any time following cessation of impact pile driving for a period of thirty minutes or longer.
Pile Driving During Contingency PeriodIn the event that AGDC must continue pile driving or removal during their contingency period FebruaryApril 2024, AGDC must begin pile driving before March 1, the known onset of ice seal lairing season. Initiating pile driving before March 1 is expected to discourage seals from establishing birthing lairs near pile driving.
Discouraging seals from establishing birthing lairs near pile driving will likely reduce potential instances of take by Level B harassment by reducing the likelihood of an individual seal occurring within the Level B harassment zone on multiple occasions, which would be far more likely if seals established lairs within the zone.
Additionally, a subsistence advisor would survey areas within a buffer zone of DH4 where water depth is greater than 10 ft 3 m to identify potential ringed seal structures before activity begins. Construction crews must avoid identified ice seal structures by a minimum of 500 ft. 150 m. NMFS
expects these measures to prevent
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physical interaction between seals and construction equipment.
AGDC does not plan to use a bubble curtain or other sound attenuation device, and NMFS concurs that sound attenuation is not appropriate for this project for the reasons described in NMFS response to Comment 5 in the Comments and Responses section.
Mitigation for Subsistence Uses of Marine Mammals or Plan of Cooperation Regulations at 50 CFR 216.104a12
further require IHA applicants conducting activities in or near a traditional Arctic subsistence hunting area and/or that may affect the availability of a species or stock of marine mammals for Arctic subsistence uses to provide a POC or information that identifies what measures have been taken and/or will be taken to minimize adverse effects on the availability of marine mammals for subsistence purposes. A plan must include the following:
A statement that the applicant has notified and provided the affected subsistence community with a draft POC;
A schedule for meeting with the affected subsistence communities to discuss planned activities and to resolve potential conflicts regarding any aspects of either the operation or the POC;
A description of what measures the applicant has taken and/or will take to ensure that planned activities will not interfere with subsistence whaling or sealing; and What plans the applicant has to continue to meet with the affected communities, both prior to and while conducting the activity, to resolve conflicts and to notify the communities of any changes in the operation.
AGDC provided a draft POC to NMFS
on March 27, 2019 and submitted revised versions on February 7, 2020, November 16, 2020, December 21, 2020, and most recently, January 4, 2021. The POC outlines AGDCs extensive coordination with subsistence communities that may be affected by the AK LNG project. It includes a brief description of the project, community outreach that has already been conducted, as well as the concerns raised in those discussions and how they were addressed, and project mitigation measures. AGDC will continue coordination with subsistence communities throughout the project duration, and will develop a Communications Plan in coordination with subsistence groups, as described below and in the POC. The POC is a living document and has been updated
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throughout the project review and permitting process. The final IHA
includes a requirement stating that AGDC must conduct the communication and coordination as described in the POC, which is available on our website at https www.fisheries.noaa.gov/
permit/incidental-take-authorizationsunder-marine-mammal-protection-act.
AGDC continues to document its communications with the North Slope subsistence communities, as well as the substance of its communications with subsistence stakeholder groups, and has developed mitigation measures that include measures suggested by community members as well as industry standard measures. AGDC will continue to routinely engage with local communities and subsistence groups.
Multiple user groups are often consulted simultaneously as part of larger coalition meetings such as the Arctic Safety Waterways Committee meetings.
Local communities and subsistence groups identified by AGDC are listed in the POC. AGDC will develop a Communication Plan and will implement this plan before initiating construction operations to coordinate activities with local subsistence users, as well as Village Whaling Captains Associations, to minimize the risk of interfering with subsistence hunting activities, and keep current as to the timing and status of the bowhead whale hunt and other subsistence hunts. A
project informational mailer with a request for community feedback traditional mail, email, phone will be sent to community members prior to construction. Following the construction season, AGDC intends to have a post-season co-management meeting with the commissioners and committee heads to discuss results of mitigation measures and outcomes of the preceding season. The goal of the post-season meeting is to build upon the knowledge base, discuss successful or unsuccessful outcomes of mitigation measures, and possibly refine plans or mitigation measures if necessary.
The AEWC works annually with industry partners to develop a CAA.
This agreement implements mitigation measures that allow industry to conduct their work in or transiting the vicinity of active subsistence hunters, in areas where subsistence hunters anticipate hunting, or in areas that are in sufficient proximity to areas expected to be used for subsistence hunting where the planned activities could potentially adversely affect the subsistence bowhead whale hunt through effects on bowhead whales, while maintaining the availability of bowheads for subsistence hunters. AGDC is required to enter the
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