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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices west of the Colville River delta.
Residents reported traveling as far as Cape Halkett to the west and Camden Bay to the east in search of ringed seal.
Survey respondents reported traveling offshore up to 30 mi 48 km; SRBA
2010. Residents reported hunting ringed seals throughout the late spring, summer, and early fall with a higher number of use areas reported in June, July, and August SRBA 2010. In 2006, 12 people 36 percent of survey respondents indicated that they had recently hunted for ringed seals in Nuiqsut SRBA 2010.
Nuiqsut bearded seal use areas extend as far west as Cape Halkett, as far east as Camden Bay, and offshore up to 40
mi 64 km. In 2006, 12 people 69
percent of survey respondents indicated that they had recently hunted for bearded seals in Nuiqsut SRBA
2010. Nuiqsut hunters reported hunting bearded seal during the summer season in open water as the seals are following the ice pack. Residents reported hunting bearded seal between June and September, although a small number of use areas were reportedly used in May and October SRBA 2010. The number of reported bearded seal use areas peak in July and August, when the majority of seals are available along the ice pack SRBA 2010.
Nuiqsuts bowhead whale hunt occurs in the fall at Cross Island, a barrier island located approximately 12 mi 19
km northwest of West Dock. Nuiqsut whalers base their activities from Cross Island Galginaitis 2014, and the whaling search and the harvest areas typically are concentrated north of the island. Hunting activities between 1997
and 2006 occurred almost as far west as Thetis Island, as far east as Barter Island Kaktovik, and up to approximately 50
mi 80 km offshore SRBA 2010.
Harvest locations in 19732011 and GPS
tracks of 20012011 whaling efforts are shown in Figure 19 of AGDCs application.
Bowhead whales are harvested by Nuiqsut whalers during the fall whaling season. Nuiqsut residents typically hunt bowhead whales in September, although a small number of use areas were reported in August and extending into October SRBA 2010. Pile driving will not occur during Nuiqsut whaling, as stated in the Mitigation Measures section.
Nuiqsut subsistence hunting crews operating from Cross Island have harvested three to four bowhead whales per year Bacon et al., 2009; Galginaitis 2014. In 2014, the AEWC allocated Nuiqsut a quota of four bowhead whales each year; however, through transfers of quota from other communities, in 2015

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Nuiqsut was able to harvest five whales Brown et al., 2016. In 2006, 10 people 30 percent of survey respondents in Nuiqsut indicated that they had recently hunted for bowhead whales SRBA
2010. In 2016, Nuiqsut whaling crews harvested four bowhead whales Suydam et al., 2017.
Nuiqsut is 70 mi 112 km away from the planned project, and is likely to be the community that has the greatest potential to experience any impacts to subsistence practices. AGDC asserts that the primary potential for AK LNG
project impacts to Nuiqsuts subsistence use of marine mammals is associated with barge activity, which it states could interfere with summer seal and fall bowhead whale hunting Alaska LNG
2016. As described previously, barging activity is unlikely to incidentally take marine mammals; however, the noise or presence of barges could affect the behavior of whales in a manner that makes successful harvests more difficult. Although barge activities would not cease during Nuiqsuts fall bowhead whale hunting activities, the final IHA requires vessels to transit landward of Cross Island during the entirety of the Nuiqsut whaling season approximately August 25-September 15, though the exact dates may change.
Pile driving associated with construction at West Dock could affect subsistence hunting of bowhead whales, as the Level B harassment zones extend up to 4.6 km from the pile driving site for some pile and hammer type combinations. As such, AGDC will not pile drive during the Nuiqsut whaling season see Mitigation Measures. AGDC
has consulted with AEWC and NSB on mitigation measures to limit impacts Alaska LNG 2016, and has continued to provide formal and informal project updates to these groups, and is committed to continuing coordination as described in AGDCs POC.
The planned activities are not expected to impact marine mammals in numbers or locations sufficient to render them unavailable for subsistence harvest given the short-term, temporary, and localized nature of construction activities, and the planned mitigation measures. Impacts to marine mammals would mostly include limited, temporary behavioral disturbances of seals, however, some slight PTS within the lower frequencies associated with pile driving is possible. Serious injury or mortality of marine mammals is not anticipated from the planned activities, and the activities are not expected to have any impacts on reproductive or survival rates of any marine mammal species.

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In summary, impacts to subsistence hunting are not expected due to the distance between West Dock construction and primary seal hunting areas, the limited extent of impacts to marine mammals Level B harassment, and slight Level A harassment for a small number of seals and planned mitigation during the Nuiqsut bowhead whale hunt.
Mitigation Measures In order to issue an IHA under Section 101a5D of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable impact on the species or stock and its habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stock for taking for certain subsistence uses. NMFS regulations require applicants for incidental take authorizations to include information about the availability and feasibility economic and technological of equipment, methods, and manner of conducting the activity or other means of effecting the least practicable adverse impact upon the affected species or stocks and their habitat 50 CFR
216.104a11.
In evaluating how mitigation may or may not be appropriate to ensure the least practicable adverse impact on species or stocks and their habitat, as well as subsistence uses where applicable, we carefully consider two primary factors:
1 The manner in which, and the degree to which, the successful implementation of the measures is expected to reduce impacts to marine mammals, marine mammal species or stocks, and their habitat, as well as subsistence uses. This considers the nature of the potential adverse impact being mitigated likelihood, scope, range. It further considers the likelihood that the measure will be effective if implemented probability of accomplishing the mitigating result if implemented as planned, the likelihood of effective implementation probability implemented as planned, and;
2 The practicability of the measures for applicant implementation, which may consider such things as cost, impact on operations, and, in the case of a military readiness activity, personnel safety, practicality of implementation, and impact on the effectiveness of the military readiness activity.

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