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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices
take will not be operational during extended delays of operations.
We estimate 49 instances of take by Level B harassment of 27 northern sea otters from the Southeast Alaska stock due to behavioral responses or TTS
associated with noise exposure. These levels represent a small proportion of the most recent stock abundance estimate for the Southeast Alaska stock.
Take of 27 otters is less than one percent of the best available estimate of the current population size of 25,584
animals in the Southeast Alaska stock Tinker et al. 2019
2725,584=0.00105. Although an estimated 49 instances of take of 27
otters by Level B harassment are possible, most events are unlikely to have significant consequences for the health, reproduction, or survival of affected animals.
Sea otters exposed to sound projectproduced sounds are likely to respond with temporary behavioral modification or displacement. Project activities could temporarily interrupt the feeding, resting, and movement of sea otters.
Because activities will occur during a limited amount of time and in a localized region, the impacts associated with the project are likewise temporary and localized. The anticipated effects are primarily short-term behavioral reactions and displacement of sea otters near active operations.
Sea otters that encounter the specified activity may exert more energy than they would otherwise due to temporary cessation of feeding, increased vigilance, and retreat from the project area. We expect that affected sea otters will tolerate this exertion without measurable effects on health or reproduction. Most of the anticipated takes will be due to short-term Level B
harassment in the form of TTS, startling reactions, or temporary displacement.
Chronic exposure to sound levels that cause TTS may lead to PTS which would constitute Level A injury. While more research into the relationship between chronic noise exposure and PTS is needed Finneran 2015, it is likely that the transition from temporary effects to permanent cellular damage occurs over weeks, months, or years Southall et al 2019.
With the adoption of the measures proposed in NSF/LDEOs application and required by this proposed IHA, estimated take was reduced.
Findings Small Numbers For small numbers analyses, the statute and legislative history do not expressly require a specific type of
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numerical analysis, leaving the determination of small to the agencys discretion. In this case, we propose a finding that the NSF/LDEO project may result in approximately 49
incidental takes of 27 otters from the Southeast Alaska stock. This represents less than one percent of the estimated stock. Predicted levels of take were determined based on estimated density of sea otters in the project area and an ensonification zone developed using empirical evidence from a similar geographic area and corrected for the methodology proposed by NSF/LDEO
for this project. Based on these numbers, we propose a finding that the NSF/L
DEO project will take only a small number of animals.
Negligible Impact We propose a finding that any incidental take by harassment resulting from the proposed project cannot be reasonably expected to, and is not reasonably likely to, adversely affect the sea otter through effects on annual rates of recruitment or survival and will, therefore, have no more than a negligible impact on the Southeast Alaska stock of northern sea otters. In making this finding, we considered the best available scientific information, including: The biological and behavioral characteristics of the species, the most recent information on species distribution and abundance within the area of the specified activities, the current and expected future status of the stock including existing and foreseeable human and natural stressors, the potential sources of disturbance caused by the project, and the potential responses of marine mammals to this disturbance. In addition, we reviewed applicant provided materials, information in our files and datasets, published reference materials, and species experts.
Sea otters are likely to respond to proposed activities with temporary behavioral modification or displacement. These reactions are unlikely to have consequences for the long-term health, reproduction, or survival of affected animals. Most animals will respond to disturbance by moving away from the source, which may cause temporary interruption of foraging, resting, or other natural behaviors. Affected animals are expected to resume normal behaviors soon after exposure with no lasting consequences. Twenty-one otters are estimated to be exposed to seismic noise for two days and thus, will have repeated exposure. However, permanent i.e., Level A injury due to chronic sound exposure is estimated to occur at
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the scale of weeks, months, or years Southall et al. 2019. Some animals may exhibit more severe responses typical of Level B harassment, such as fleeing, ceasing feeding, or flushing from a haul-out. These responses could have temporary, yet significant, biological impacts for affected individuals but are unlikely to result in measurable changes in survival or reproduction.
The total number of animals affected and severity of impact is not sufficient to change the current population dynamics at the stock scale. Although the specified activities may result in approximately 49 incidental takes of 27
otters from the Southeast Alaska stock, we do not expect this level of harassment to affect annual rates of recruitment or survival or result in adverse effects on the stock.
Our proposed finding of negligible impact applies to incidental take associated with the proposed activities as mitigated by the avoidance and minimization measures identified in NSF/LDEOs mitigation and monitoring plan. These mitigation measures are designed to minimize interactions with and impacts to sea otters. These measures and the monitoring and reporting procedures are required for the validity of our finding and are a necessary component of the proposed IHA. For these reasons, we propose a finding that the 2021 NSF/L
DEO project will have a negligible impact on the Southeast Alaska stock of northern sea otters.
Impact on Subsistence We propose a finding that NSF/L
DEOs anticipated harassment will not have an unmitigable adverse impact on the availability of the Southeast Alaska stock of northern sea otters for taking for subsistence uses. In making this finding, we considered the timing and location of the proposed activities and the timing and location of subsistence harvest activities in the area of the proposed project. We also considered the applicants consultation with subsistence communities, proposed measures for avoiding impacts to subsistence harvest, and commitment to development of a POC, should any concerns be identified.
Required Determinations National Environmental Policy Act NEPA
Per the National Environmental Policy Act NEPA; 42 U.S.C. 4321, et seq., the Service must evaluate the effects of the proposed action on the human environment. We plan to adopt
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