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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices the planned mitigation and monitoring measures, there will not be an unmitigable adverse impact on subsistence uses from AGDCs planned activities. NMFS has described the potential impacts to subsistence harvests in the Effects of Specified Activities on Subsistence Uses of Marine Mammals section of this notice, and the notice of the proposed IHA, and described the mitigation for subsistence harvests in the Mitigation for Subsistence Uses of Marine Mammals or Plan of Cooperation section of both notices.
Comment 40: A commenter stated that the AK LNG activities will likely adversely impact the subsistence uses of the Native Village of Nuiqsut, which enacted Resolution 1604 resolving that the United States should not schedule or hold any new oil and gas leases in the Beaufort or Chukchi Seas because the threat of oil and gas activities to subsistence uses, among other reasons. Even if pile driving activities are ceased during the bowhead whale hunt, vessel activities will adversely impact Nuiqsuts fall bowhead whale hunt and possibly other marine mammal harvest activities in the Beaufort Sea. However, NMFS failed to consider the impacts of vessels.
The commenter further stated that the decision that there will be no impacts on Kaktovik subsistence use because the hunting grounds are farther off is arbitrary because the take authorization affects the same stocks of marine mammals that are used by Kaktovik hunters.
Response: The commenters mention of Resolution 1604 is inapplicable to NMFS action as it relates to issues outside of NMFS authority. NMFS is responsible for authorizing the take of marine mammals incidental to certain specified activities, but does not allow or disallow the activities themselves.
Also, the AK LNG project is not the same as an oil and gas lease in the Beaufort or Chukchi Sea.
As the commenter noted, the proposed and final IHAs include a measure requiring AGDC to cease pile driving during the Nuiqsut whaling season approximately August 25
September 15. Additionally, the final IHA includes a measure that requires AGDC to limit barges to waters landward of Cross Island during the Nuiqsut whaling season in an effort to avoid any potential impacts on subsistence uses.
Regarding impacts on Kaktovik subsistence hunts, while the commenter is correct that the IHA does authorize the take of stocks of marine mammals which are harvested by Kaktovik
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hunters, the subsistence activities that Kaktovik engages in are unlikely to be affected in any of the ways described in the first paragraph of the Unmitigable Adverse Impact Analysis and Determination section of this notice. It is unlikely that the planned activities would have any effects on the use of marine mammals for subsistence by residents of Kaktovik given the distance from Kaktovik and Kaktoviks very limited use of waters offshore of Prudhoe Bay, and considering that the planned activities would occur in an already developed area. The best available information supports NMFS
finding that AGDCs activities will not result in an unmitigable adverse impact on subsistence uses as defined in 50
CFR 216.103.
Please see NMFS response to Comments 13 and 14 for a discussion of potential impacts of vessel transit.
Comment 41: The Commission stated that given the lack of stakeholder meetings and the limited number of entities contacted to date, it recommends that, before further action is taken on issuance of an IHA, NMFS
require AGDC to 1 revise its POC to include a summary of all meetings held to date with communities, subsistence groups, and co-management organizations, 2 make available to the public and North Slope communities on a publicly accessible website its Communication Plan detailing how it will communicate its project plans and seek input on proposed mitigation and monitoring measures from all potentially affected communities, subsistence groups, and co-management organizations well in advance of the commencement of construction activities, and most importantly, 3
include in the Communication Plan measures for conducting timely and effective two-way communications with affected subsistence users immediately prior to, during, and after construction activities.
Response: The POC has been updated with more information, including meeting summaries Appendix A and plans for continued communication with communities and marine mammal co-management organizations. AGDC
travelled to Nuiqsut in 2018 and 2019, and has had individual outreach to Nuiqsut community leaders. There has also been substantial engagement with the AEWC over the past three years, which will continue as the Project progresses. The POC has been updated to reflect this communication. The projected start date is two years from the date of submission, so AGDC has ample time to coordinate directly with the Village of Nuiqsut, Whaling Captains
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Associations for Nuiqsut, Kaktovik and Utqiagvik and other marine mammal comanagement organizations and has committed to do so. Further, AGDC has committed to ongoing work sessions with a working group of the AEWC.
AGDC is committed to conducting timely and effective two-way communication with subsistence users before, during and after construction activities, and will work with subsistence groups and co-management organizations to create a Communications Plan, which it will post to the AK LNG project website.
Please see the POC for additional information.
Comment 42: A commenter stated that for the reasons stated in its comments, supplemental comments and petition for rehearing on FERCs Order granting authorization for the AK LNG project, NMFS cannot rely on the projects flawed EIS or inadequate Biological Opinion. The commenter stated that additionally for the IHA proposed here, NMFS must define a different purpose and need that is consistent with its duties to protect marine mammals, and it must evaluate different alternatives that would mitigate adverse effects on Arctic marine mammals.
Response: Consistent with the regulations published by the Council on Environmental Quality CEQ, it is common and sound NEPA practice for NMFS to participate as a cooperating agency and adopt a lead agencys in this case FERC NEPA analysis when, after independent review, NMFS
determines the document to be sufficient in accordance with 40 CFR
1506.3. Specifically here, NMFS is satisfied that the Alaska LNG Project Final EIS adequately addresses the impacts of issuing the MMPA IHA and that NMFS comments and concerns have been adequately addressed. NMFS
early participation in the NEPA process and role in shaping and informing analyses using its special expertise ensured that the analysis in the Alaska LNG Project Final EIS is sufficient for purposes of NMFS own NEPA
obligations related to its issuance of incidental take authorizations under the MMPA.
Regarding the purpose and need, NMFS purpose and need is consistent with its duties to protect marine mammals. It is clearly stated in Footnote 8 p. 111 of Volume 1 of the Alaska LNG Project Final EIS, stating The purpose of NMFSs action, which is a direct outcome of AGDCs request for authorization to take marine mammals incidental to construction activities in Cook Inlet and Prudhoe Bay, is to evaluate AGDCs applications pursuant
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