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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
marine mammals to abandon or avoid hunting areas; ii Directly displacing subsistence users; or iii Placing physical barriers between the marine mammals and the subsistence hunters;
and 2 That cannot be sufficiently mitigated by other measures to increase the availability of marine mammals to allow subsistence needs to be met.
The coast and nearshore waters of Alaska are of cultural importance to indigenous peoples for fishing, hunting, gathering, and ceremonial purposes.
Marine mammals are legally hunted in Alaskan waters by coastal Alaska Natives. There are seven communities in the North Slope Borough region of Alaska northwestern and northern Alaska that harvest seals, including from west to east Point Hope, Point Lay, Wainwright, Utqiagvik, Atqusak, Nuiqsut, and Kaktovik Ice Seal Committee 2019. Bearded seals are the preferred species to harvest as food and for skin boat coverings, but ringed seals are also commonly taken for food and their blubber Ice Seal Committee 2019.
Ringed seals are typically harvested during the summer and can extend up to 64 km from shore Stephen R. Braund & Associates 2010. No ribbon seals have been harvested in any of the North Slope Borough communities since the 1960s Ice Seal Committee 2019.
However, the number of seals harvested each year varies considerably.
A subsistence harvest of bowheads and belugas is also practiced by Alaskan Natives, providing nutritional and cultural needs. In 2019, 36 bowhead whales were taken during the Alaskan subsistence hunt Suydam et al., 2020.
Whaling near Utqiagvik occurs during spring April and May and autumn, and can continue into November, depending on the quota and conditions.
Communities that harvested bowheads during 2019 include Utqiagvik, Gamgell, Kaktovik, Nuiqsut, Point Hope, Point Lay, and Wainwright. Bowhead whales and gray whales are also taken in the aboriginal subsistence hunt in the Russian Federation Zharikov et al., 2020. During 2019, 135 gray whales and one bowhead whale were harvested at Chukotka.
Beluga whales from the eastern Chukchi Sea stock are an important subsistence resource for residents of the village of Point Lay, adjacent to Kasegaluk Lagoon, and other villages in northwest Alaska. Each year, hunters from Point Lay drive belugas into the lagoon to a traditional hunting location.
The beluga whales have been predictably sighted near the lagoon from late June through mid to late July Suydam et al., 2001. The mean annual number of Beaufort Sea belugas landed
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by Alaska Native subsistence hunters in 20112015 was 47, and an average of 92
were taken in Canadian waters; the mean annual number of Eastern Chukchi Sea belugas landed by Alaska Native subsistence hunters in 2011
2015 was 67 Muto et al., 2020.
The survey by UAGI will occur within 73.581.0 N, 139.5168 W and over 300 km from the Alaska coastline. Due to the location of the survey being far north in the Arctic and over 200
kilometers from any hunting area or buffer http www.north-slope.org/
assets/images/uploads/bowhead%20
migration%20map%2021mar 03%20distribution.pdf, no impacts on the availability of marine mammals for subsistence uses are expected to occur.
Specifically, based on the survey methods and location planned, there is no reason to believe that there will be any behavioral disturbance of bowhead whales that would also impact their behavior in a manner that would interfere with subsistence use later.
Although fishing/hunting would not be precluded in the survey area, a safe distance would need to be kept from R/
V Sikuliaq and the towed seismic equipment. The principal investigator for the survey presented the action to the Alaska Eskimo Whaling Commission AEWC at the July 2020, October 2020, and February 2021 Triannual Meetings.
As specifically noted, during the meetings, daily email communications with interested community members would be made from the vessel.
Communication may include notice of any unusual marine mammal observations during the survey. Any potential space use conflicts would be further avoided through direct communication with subsistence fishers/hunters during the surveys.
Considering the limited time that the planned seismic surveys would take place and the far offshore location of the surveys, no direct interaction with subsistence fishers/hunters would be anticipated. However, UAGI will still be required to remain in constant communication with subsistence fishers/hunters during the surveys.
Based on the description of the specified activity, the measures described to minimize adverse effects on the availability of marine mammals for subsistence purposes, and the mitigation and monitoring measures, NMFS has determined that there will not be an unmitigable adverse impact on subsistence uses from UAGIs activities.
National Environmental Policy Act In compliance with the National Environmental Policy Act of 1969 42
U.S.C. 4321 et seq., as implemented by
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the regulations published by the Council on Environmental Quality 40
CFR parts 15001508, NSF prepared an Environmental Assessment EA to consider the direct, indirect and cumulative effects to the human environment resulting from this marine geophysical survey in the Arctic. NSFs EA was made available to the public for review and comment in relation to its suitability for adoption by NMFS in order to assess the impacts to the human environment of issuance of an IHA to UAGI. In compliance with NEPA and CEQ regulations, as well as NOAA
Administrative Order 2162, NMFS has reviewed the NSFs EA, determined it to be sufficient, and adopted that EA and signed a Finding of No Significant Impact FONSI. NSFs EA is available at www.nsf.gov/geo/oce/envcomp/, and NMFS FONSI is available at www.fisheries.noaa.gov/action/
incidental-take-authorization-lamontdoherty-earth-observatory-marinegeophysical-survey-2.
Endangered Species Act Section 7a2 of the Endangered Species Act of 1973 ESA: 16 U.S.C.
1531 et seq. requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species.
The NMFS OPR ESA Interagency Cooperation Division issued a Biological Opinion under section 7 of the ESA, on the issuance of an IHA to UAGI under section 101a5D of the MMPA by the NMFS OPR Permits and Conservation Division and NSFs funding of the survey. The Biological Opinion concluded that the action is not likely to jeopardize the continued existence of ESA-listed bowhead whales, fin whales, the Western North Pacific population of gray whales, the Mexico DPS and Western North Pacific DPS of humpback whales, bearded seals and ribbon seals, and is not likely to destroy or adversely modify the proposed critical habitat for bearded seals and ringed seals. There is no designated critical habitat in the action area for the other ESA-listed species.
Authorization As a result of these determinations, NMFS has issued an IHA to UAGI for conducting marine geophysical surveys in the Arctic in August and September,
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