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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
applicant has taken and/or will take to ensure that planned activities will not interfere with subsistence whaling or sealing; and what plans the applicant has to continue to meet with the affected communities, both prior to and while conducting the activity, to resolve conflicts and to notify the communities of any changes in the operation. The POC includes these required components. It is not necessary for the POC to include a full discussion of the project and its impacts, as the relevant activities are addressed in an applicants IHA application and NMFS Federal Register notice of the proposed authorization 85 FR 43382; July 16, 2020.
Comment 20: A commenter stated that AGDC needs to consult with NMFS, the NSB, and the AEWC to ensure that there are enough acoustic monitoring devices deployed and placed in the most appropriate locations and distances from West Dock. Additionally, multiple commenters recommended that NMFS
require AGDC to implement the acoustic monitoring suggestions provided by the PRP, including real-time PAM. In a related comment, a commenter stated that while requiring one passive acoustic monitoring device, NMFS did not require any real-time monitoring of it. The device will be used only to collect sound source level and general presence of marine mammals after the fact. The commenter stated that despite the potential usefulness of PAM given that this is a stationary activity, NMFS
failed to use it for avoiding impacts to marine mammals. Another commenter also invited AGDC and NMFS to investigate other methods to mitigate these impacts.
Response: NMFS and AGDC have had extensive discussions about potential mitigation for marine mammals, including measures recommended by the PRP and by commenters. AGDC has consulted further with NSB and AEWC
and intends to continue to do so, as stated in the POC. The required mitigation included in this final IHA
ensures that AGDCs activities will have the least practicable adverse impact on the affected species and stocks, as well as subsistence uses of those species and stocks. Since publication of the proposed IHA, NMFS and AGDC have determined that it is practicable for AGDC to deploy three hydrophones in its PAM setup during the open-water season, as suggested by the PRP, rather than just one as stated in the proposed IHA. Please see AGDCs monitoring plan for additional information on the planned location for each device. If work is required during the ice-covered contingency period, AGDC will deploy
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one hydrophone during that construction. Additional hydrophones during this period are not expected to provide meaningful additional data, as stated in NMFS response to Comment 24. Further, NMFS does not expect the use of PAM to conduct real-time mitigation to be notably more effective in minimizing impacts than the included requirements due to the limited expected marine mammal vocalizations expected during the project period. Moreover, the significant additional cost and effort associated with real-time PAM implementation are impracticable. Therefore, in consideration of these limitations, further described in the Monitoring Plan Peer Review section of this notice, NMFS did not require AGDC to use PAM to conduct real-time mitigation.
Comment 21: A commenter stated that this IHA is for activities that are not set to begin for almost 2 years from the date of publicationJuly 1, 2022 to June 30, 2023and will require a renewal. While the bulk of the noise will occur in the first year, the associated activity is likely to span six years. Section 101a5D is intended for projects limited to one yearbeginning to end.
The current project is much greater in time and in its scope of potential impacts than Congress intended.
Response: As noted in the Changes from the Proposed IHA to Final IHA
section, AGDC now expects to begin construction in 2023, and therefore, the effective date of the final authorization is one year later than proposed.
While AGDCs inland construction is expected to occur over six years, AGDC
plans to conduct the activities that are expected to result in the harassment of marine mammals within one year.
Furthermore, while 101a5D may only authorize take of marine mammals for a duration of one year, the statute does not limit use of this section to activities that last one year or less.
AGDC has requested authorization for activities that are expected to occur within one year, the activities are not expected to result in serious injury or mortality, and an IHA is appropriate.
Regarding the start date, while the start date is not until July 2023, the IHA
includes a provision stating that the authorization may be modified, suspended or revoked if NMFS
determines: 1 The authorized taking is likely to have or is having more than a negligible impact on the species or stocks of affected marine mammals, 2
the authorized taking is likely to have or is having an unmitigable adverse impact on the availability of the affected species or stocks for subsistence uses, or 3 the prescribed measures are likely
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not or are not effecting the least practicable adverse impact on the affected species or stocks and their habitat.
Regarding renewals, NMFS issued a one-year IHA with the understanding that AGDC can complete the planned work for which the IHA authorizes take within the one-year period. As necessary, 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, and in adherence with the renewal criteria described in the notice of the proposed IHA 85 FR 43382; July 16, 2020. NMFS may issue a one-time, one-year Renewal IHA if upon review of the request for Renewal, the status of the affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities, the mitigation and monitoring measures will remain the same and appropriate, and the findings in the initial IHA
remain valid.
Comment 22: A commenter stated that it is supportive of industrial activities that balance the development of resources and protection of subsistence resources to ensure our people meet their nutritional and cultural needs. The NSB and its residents not only benefit from the financial revenue generated by industry but also continue to rely upon subsistence resources. Balanced development helps fund State and NSB
programs that provide many services for our residents while also ensuring the continued access to subsistence resources that our people have used for millennia. The AGDCs proposed project is likely such an example, but some of the mitigation and monitoring aspects need to be strengthened. In order for this balanced development to occur adequately, we need to have 1 quality baseline information about resources, 2 effective mitigation measures, and 3 appropriate monitoring.
Response: This final IHA reflects the best available scientific information.
NMFS has responded in separate comment responses to the commenters specific recommendations regarding mitigation and monitoring measures.
Comment 23: A commenter stated that the potential impact on ringed and bearded seals is a concern as is the inability of AGDC to effectively monitor the ensonified area. Monitoring the entire area is needed in order to mitigate possible takes and to estimate the actual number of takes relative to those that are permitted. The commenter further stated that it is important that industrial activities are mitigated as much as possible to reduce possible impacts to
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