Quiero saber acerca de...

tkelley on DSKBCP9HB2PROD with NOTICES2

Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices buffer requirements have been added to the final IHA.
Although trained dogs may be effective in identifying seals, there are a limited number of trained dogs available. Further, Alaska Native subsistence hunters have previously indicated that polar bears often follow the scent of the dogs to hunt those lairs pers. comm., Sheyna Wisdom.
Therefore, NMFS has not required the use of dogs for detection of seal lairs as suggested by the commenter.
Comment 45: The Commission recommended that NMFS 1 reinforce that AGDC keep a running tally of the total takes, based on observed and extrapolated takes, for Level A and B
harassment consistent with condition 4h of the final authorization, 2
include condition 6bxix in the final authorization, and, if necessary, 3
provide AGDC a simple example of how to extrapolate takes to estimate the number of total takes.
Response: The IHA indicates the number of takes authorized for each species. We agree that AGDC must ensure they do not exceed authorized takes, but do not concur with the recommendation to keep a running tally of extrapolated takes, as that is not necessary to ensure compliance with the IHA. CFR 216.108c requires a monitoring program to document or estimate the actual level of take. The final authorization includes measure 6bxix from the proposed IHA, though it is now measure 6bxviii and NMFS
slightly modified it to clarify that rather than precisely extrapolating the observed take, AGDC will estimate potential exposures within the entire harassment zones based upon the number of observed exposures and the percentage of the Level A or Level B
harassment zone that was not visible.
NMFS is not prescribing an exact method for how AGDC should calculate the estimate of total potential takes.
Comment 46: The Commission stated that it has raised ongoing concerns regarding NMFSs renewal process in the past few years, and notes that although NMFS responded generally to those concerns just recently, the Commission has not yet had time to consider fully whether and how it plans to respond. For purposes of its comment letter regarding this IHA, the Commission recommended that NMFS
refrain from issuing a renewal for any authorization unless it is consistent with the procedural requirements specified in section 101a5Diii of the MMPA.
Response: In prior responses to comments about IHA Renewals e.g., 84
FR 52464; October 02, 2019 and 85 FR

VerDate Sep<11>2014

20:43 Feb 19, 2021

Jkt 253001

53342, August 28, 2020, NMFS has explained how the Renewal process, as implemented, is consistent with the statutory requirements contained in section 101a5D of the MMPA, provides additional efficiencies beyond the use of abbreviated notices, 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 as a general matter.
Comment 47: A commenter stated that NMFS should avoid a one-year renewal.
It further stated that the potential extension and overlap of activities should be avoided.
Response: The commenter does not state what it is referring to regarding overlap of activities that it suggests should be avoided by not issuing a renewal. NMFS makes the decision of whether or not to issue a Renewal after one is requested based on current information and the best available science.
Comment 48: The Commission stated that NMFS review processes including its early review team meetings are not adequately identifying and evaluating whether appropriate source levels, Level A harassment inputs, modeling methodologies, Level A and B
harassment zones, densities, group size estimates, take estimates, shutdown zones, etc. have been proposed. The Commission recommended that NMFS
make a concerted effort to review applications, Federal Register notices, and draft and final authorizations more thoroughly to minimize inaccuracies and ensure transparency for the public.
In this instance, the information provided to the PRP was not accurate and the panels review of AGDCs monitoring plan as required under section 101a5DiiIII may have been compromised. NMFS should provide the PRP with the revised Level A and B harassment zones and shutdown zones and allow for additional review and comments before issuing any IHA to AGDC. NMFS also should consider whether the inaccuracies are sufficient to warrant revision and re-publication of the proposed IHA.
Response: While we acknowledge that errors are sometimes made, we disagree with the Commissions assertion that NMFS review of the issues raised is broadly inadequate. Nonetheless, we continue to look for ways to improve our methods, analyses, and review process. Regarding the specific example raised, as explained in response to Comment 36, NMFS disagrees with the
PO 00000

Frm 00021

Fmt 4701

Sfmt 4703

10677

Commission regarding their recommended source level revision, and has not incorporated that recommendation into this final IHA.
Therefore, the Level A and Level B
harassment zones and the shutdown zones did not change, and the recommendation to provide the PRP
with updated Level A and Level B
harassment zones and shutdown zones is not necessary, nor is re-publication of the proposed IHA.
Changes From the Proposed IHA to Final IHA
The proposed IHA indicated that the authorization would be effective from July 1, 2022 to June 30, 2023. However, AGDC has since indicated that it does not expect to begin construction prior to July 1, 2023; therefore, this final IHA is effective from July 1, 2023 to July 1, 2024.
NMFS also added several mitigation and monitoring requirements to the final IHA in consideration of public comments received. NMFS added an explicit requirement for AGDC to abide by its POC. Additionally, NMFS added a measure that requires AGDC to consult an experienced subsistence advisor for detection of ringed seal lairs during winter construction activities, should they occur, and a measure requiring AGDC to implement a 150 m buffer between identified ringed seal lairs and construction activities. Both measures related to ringed seal lairs were discussed in the notice of the proposed IHA as measures that AGDC intended to implement, but had not been included in the proposed IHA. The final IHA also includes a requirement for aircraft to transit at a minimum altitude of 457 m 1,500 ft or higher to the extent practicable, as well as a shutdown zone for screeding activities. Both the aircraft and screeding measures were included in the biological opinion, which AGDC
is required to follow, as stated in both the proposed and final IHAs. The final IHA also includes a measure that requires vessels to transit landward of Cross Island during the entirety of the Nuiqsut whaling season approximately August 25September 15, though the exact dates may change. This measure was already included in the POC.
Since publication of the proposed IHA, through discussions with the AEWC and NMFS, AGDC has determined that it is practicable to increase the acoustic monitoring it will conduct. The final IHA requires AGDC
to conduct SSV for pile driving, and includes additional requirements for an acoustic monitoring plan and acoustic monitoring report, including some reporting metrics recommended by the
E:FRFM22FEN2.SGM

22FEN2