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Federal Register / Vol. 86, No. 38 / Monday, March 1, 2021 / Notices by the project; and 5 the potential responses of marine mammals to this disturbance. In addition, we reviewed applicant-provided material, information in our files and datasets, published reference materials, and input from experts on the sea otter.
The Service does not anticipate that mortality of affected otters would occur as a result of NSF and LDEOs planned survey. Thus, mortality is not authorized. We are proposing to authorize Level A and Level B
harassment of 13 sea otters. The effects to these individuals are unknown, and lasting effects to survival and reproduction for these otters are possible. However, we believe that any PTS incurred as a result of the planned activity would be in the form of only a small degree of PTS, not total deafness, and would be unlikely to affect the fitness of any individuals for the following reasons: 1 The constant movement of the R/V Langseth means the vessel is not expected to remain in any one area in which individual otters may spend an extended period of time i.e., since the duration of exposure to loud sounds will be relatively short;
and 2 we expect that sea otters would be likely to move away from a sound source that represents an aversive stimulus, especially at levels that would be expected to result in PTS, given sufficient notice of the R/V Langseths approach due to the vessels relatively low speed when conducting seismic surveys.
We expect that the majority of takes would be in the form of short-term behavioral harassment in the form of temporary avoidance of the area or ceasing/decreased foraging if such activity were occurring. Reactions to this type of harassment could have significant biological impacts for affected individuals but are not likely to result in measurable changes in their survival or reproduction. The otters subject to short-term behavioral harassment would be the same otters that may be subject to Level A
harassment.
The total number of animals affected and severity of impact is not sufficient to change the current population dynamics of the sea otter at the subregion or stock scales. Although the specified activities may result in the take of up to 13 sea otters from the Washington stock, we do not expect this level of harassment to affect annual rates of recruitment or survival or result in adverse effects on the species or stock as all of the projected takes occur outside of the areas used by females and are most likely to be males.

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With implementation of the proposed project, sea otter habitat may be impacted by elevated sound levels, but these impacts would be temporary and are not anticipated to result in detrimental impacts to sea otter prey species. Because of the temporary nature of the disturbance, the impacts to sea otters and the food sources they utilize are not expected to cause significant or long-term consequences for individual sea otters or their population.
The proposed mitigation measures are expected to reduce the number and/or severity of take events by allowing for detection of sea otters in the vicinity of the vessel by visual observers, and by minimizing the severity of any potential exposures via shutdowns of the airgun array. 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
and LDEO project will have a negligible impact on sea otters.
Impact on Subsistence The subsistence provision of the MMPA does not apply to northern sea otters in Washington and Oregon.
Required Determinations Endangered Species Act The Services proposed take authorization has no effect on any species listed as threatened or endangered under the ESA. The proposed NSF Seismic Survey is a Federal action currently undergoing separate interagency consultation with the Service pursuant to the ESA. As ESA-listed species or critical habitat will not be impacted by the Services proposed take authorization, intraagency consultation for the permit action is not required.
National Environmental Policy Act We have prepared a draft EA USFWS
2020 addressing the proposed MMPA
take authorization in accordance with the requirements of NEPA 42 U.S.C.
4321 et seq.. Based on the findings presented in the EA, we have preliminarily concluded that approval and issuance of the authorization for the nonlethal, incidental, unintentional take by Level A and Level B harassment of small numbers of the Washington stock of the northern sea otter caused by activities conducted by the applicant would not significantly affect the quality of the human environment, and that the preparation of an environmental impact statement for this action is not
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required by section 1022 of NEPA or its implementing regulations. We are accepting comments on the draft EA as described above in ADDRESSES.
Government-to-Government Relations With Native American Tribal Governments In accordance with: The Presidents memorandum of April 29, 1994, Government-to-Government Relations with Native American Tribal Governments 59 FR 22951; the Native American Policy of the Service January 20, 2016; Executive Order 13175
November 6, 2000; and the Department of the Interiors manual at 512 DM 2, we readily acknowledge our responsibility to communicate meaningfully with Federally recognized Tribes on a Government-to-Government basis. We have evaluated possible effects of the proposed MMPA take authorization on federally recognized Indian Tribes and have determined that there are no effects.
Proposed Authorization We propose to issue an IHA to NSF
for incidental takes by Level A and Level B harassment of up to 13 sea otters from the Washington stock of the northern sea otter. The final authorization would incorporate the mitigation, monitoring, and reporting measures as described below and fully detailed in the draft EA. The taking of sea otters whenever the required conditions, mitigation, monitoring, and reporting measures are not fully implemented as required by the IHA
will be prohibited. Failure to follow these measures may result in the modification, suspension, or revocation of the IHA. Authorized take will be limited to PTS and disruption of behavioral patterns that may be caused by geophysical surveys and support activities conducted by NSF and LDEO
in Washington and Oregon from May 1
to June 30, 2021. We anticipate no take in the form of death of northern sea otters resulting from these surveys.
If take exceeds the level or type identified in the proposed authorization e.g., greater than 13 incidents of take of sea otters, the IHA will be invalidated and the Service will reevaluate its findings. If project activities cause unauthorized take, the applicant 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 Washington Fish and Wildlife Office within 48 hours; and iii suspend further activities until the Service has reviewed the circumstances,
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