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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Notices NSFs environmental assessment EA, as we have preliminarily concluded that, as written, the draft EA contains adequate information analyzing the effects on the human environment of issuing the IHA. NSFs EA is available at https www.nsf.gov/geo/oce/
envcomp/. If the Service determines that impacts from issuing the IHA would not significantly affect the human environment, we may prepare a Finding of No Significant Impact that would conclude the Services NEPA process.
We will review all comments submitted in response to this notice as indicated above in DATES and ADDRESSES prior to concluding our NEPA process or making a final decision on the IHA.
Endangered Species Act ESA
Under the ESA, all Federal agencies are required to ensure the actions they authorize are not likely to jeopardize the continued existence of any threatened or endangered species or result in destruction or adverse modification of critical habitat. The proposed activities will occur entirely within the range of the Southeast Alaska stock of the northern sea otter, which is not listed as threatened or endangered under the ESA. The measures included in the proposed IHA will not affect other listed species or designated critical habitat.

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Government-to-Government Coordination It is our responsibility to communicate and work directly on a Government-to-Government basis with federally recognized Tribes in developing programs for healthy ecosystems. We are also required to consult with Alaska Native Corporations. We seek their full and meaningful participation in evaluating and addressing conservation concerns for protected species. It is our goal to remain sensitive to Alaska Native culture and to make information available to Alaska Natives. Our efforts are guided by the following policies and directives:
1 The Native American Policy of the Service January 20, 2016;
2 the Alaska Native Relations Policy currently in draft form;
3 Executive Order 13175 January 9, 2000;
4 Department of the Interior Secretarial Orders 3206 June 5, 1997, 3225 January 19, 2001, 3317
December 1, 2011, and 3342 October 21, 2016; and 5 the Department of the Interiors policies on consultation with Tribes and with Alaska Native Corporations.

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We have evaluated possible effects of the proposed activities on federally recognized Alaska Native Tribes and organizations. Through the IHA process identified in the MMPA, the applicant has presented a communication process, culminating in a POC if needed, with the Native organizations and communities most likely to be affected by their work. NSF/LDEO has engaged these groups in informational meetings.
We invite continued discussion, either about the project and its impacts or about our coordination and information exchange throughout the IHA/POC
process.
Proposed Authorization We propose to authorize up to 49
incidental takes of 27 Northern sea otters from the Southeast Alaska stock.
We authorize take limited to disruption of behavioral patterns that may be caused by geophysical surveys and support activities conducted by NSF/L
DEO in Southeast Alaska, from July 1 to August 31, 2021. We anticipate no take by injury or death to northern sea otters resulting from these surveys.
A. General Conditions for Issuance of the Proposed IHA
1. The taking of Northern sea otters from the Southeast Alaska stock whenever the required conditions, mitigation, monitoring, and reporting measures are not fully implemented as required by the IHA will be prohibited.
Failure to follow measures specified may result in the suspension or revocation of the IHA.
2. If take exceeds the level or type identified in the proposed authorization e.g., greater than 49 incidents of incidental take of 27 otters by Level B
harassment, the IHA will be invalidated and the Service will reevaluate its findings. If project activities cause unauthorized take, such as any injury due to seismic noise, acute distress, or any indication of the separation of mother from pup, NSF/LDEO must take the following actions: i Cease its activities immediately or reduce activities to the minimum level necessary to maintain safety; ii report the details of the incident to the Services MMM within 48 hours; and iii suspend further activities until the Service has reviewed the circumstances, determined whether additional mitigation measures are necessary to avoid further unauthorized taking, and notified NSF/LDEO that it may resume project activities.
3. All operations managers and vessel operators must receive a copy of the IHA and maintain access to it for reference at all times during project
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work. These personnel must understand, be fully aware of, and be capable of implementing the conditions of the IHA at all times during project work.
4. The IHA will apply to activities associated with the proposed project as described in this document and in NSF/
LDEOs amended application LGL
2020. Changes to the proposed project without prior authorization may invalidate the IHA.
5. NSF/LDEOs IHA application will be approved and fully incorporated into the IHA, unless exceptions are specifically noted herein or in the final IHA. The application includes:
NSF/LDEOs original request for an IHA, dated December 19, 2019;
NSF/LDEOs response to requests for additional information from the Service, dated January 22, February 19, and February 26, 2020; and A revised application, dated October 29, 2020.
6. Operators will allow Service personnel or the Services designated representative to visit project work sites to monitor impacts to sea otters and subsistence uses of sea otters at any time throughout project activities so long as it is safe to do so. Operators are all personnel operating under the NSF/L
DEOs authority, including all contractors and subcontractors.
B. Avoidance and Minimization 7. Seismic surveys must be conducted using equipment that generates the lowest practicable levels of underwater sound within the range of frequencies audible to sea otters.
8. Vessels will not approach within 100 m 328 ft of individual sea otters or 500 m 0.3 mi of rafts of otters.
Operators will reduce vessel speed if a sea otter approaches or surfaces within 100 m 328 ft of a vessel.
9. Vessels may not be operated in such a way as to separate members of a group of sea otters from other members of the group.
10. All vessels must avoid areas of active or anticipated subsistence hunting for sea otters as determined through community consultations.
C. Mitigation During Seismic Activities 11. Designated trained and qualified PSOs must be employed to monitor for the presence of sea otters, initiate mitigation measures, and monitor, record, and report the effects of the activities on sea otters. NSF/LDEO is responsible for providing training to PSOs to carry out mitigation and monitoring.
12. NSF/LDEO must establish mitigation zones for their 2D seismic
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