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Federal Register / Vol. 86, No. 33 / Monday, February 22, 2021 / Notices
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CAA for the construction year by an order from the FERC.
AGDC will not conduct pile driving during the Nuiqsut whaling season in an effort to eliminate effects on the availability of bowhead whales for subsistence hunting that could occur as a result of project noise. Nuiqsut whaling is approximately August 25September 15, though the exact dates may change.
Barging activities could potentially impact Nuiqsuts fall bowhead whale hunt and possibly other marine mammal harvest activities in the Beaufort Sea. As mentioned previously, barging activities are beyond the scope of this IHA, and no take is expected to occur as a result of barging activities.
However, the final IHA requires AGDC
to limit barges to waters landward of Cross Island during the Nuiqsut whaling season approximately August 25
September 15, though the exact dates may change in an effort to avoid any potential impacts on subsistence uses.
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, as recently as October 2020. As described above in the Effects of Specified Activities on Subsistence Uses of Marine Mammals section, AGDCs construction activities at West Dock do not overlap with the areas where subsistence hunters typically harvest ice seals, and given the extent of impacts to seals described in that section, these activities are not expected to impact subsistence hunts of ice seals.
Therefore, the final IHA does not include mitigation measures for subsistence harvest of ice seals;
however, AGDC will continue to meet with subsistence groups, including the Ice Seal Committee, as described in the POC.
Based on our evaluation of the applicants planned measures, as well as other measures considered by NMFS, NMFS has determined that the planned mitigation measures provide the means effecting the least practicable impact on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of such species or stock for subsistence uses.
Monitoring and Reporting In order to issue an IHA for an activity, Section 101a5D of the MMPA states that NMFS must set forth requirements pertaining to the monitoring and reporting of such taking.
The MMPA implementing regulations at
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50 CFR 216.104 a13 indicate that requests for authorizations must include the suggested means of accomplishing the necessary monitoring and reporting that will result in increased knowledge of the species and of the level of taking or impacts on populations of marine mammals that are expected to be present in the planned action area.
Effective reporting is critical both to compliance as well as ensuring that the most value is obtained from the required monitoring.
Monitoring and reporting requirements prescribed by NMFS
should contribute to improved understanding of one or more of the following:
Occurrence of marine mammal species or stocks in the area in which take is anticipated e.g., presence, abundance, distribution, density;
Nature, scope, or context of likely marine mammal exposure to potential stressors/impacts individual or cumulative, acute or chronic, through better understanding of: 1 Action or environment e.g., source characterization, propagation, ambient noise; 2 affected species e.g., life history, dive patterns; 3 co-occurrence of marine mammal species with the action; or 4 biological or behavioral context of exposure e.g., age, calving or feeding areas;
Individual marine mammal responses behavioral or physiological to acoustic stressors acute, chronic, or cumulative, other stressors, or cumulative impacts from multiple stressors;
How anticipated responses to stressors impact either: 1 long-term fitness and survival of individual marine mammals; or 2 populations, species, or stocks;
Effects on marine mammal habitat e.g., marine mammal prey species, acoustic habitat, or other important physical components of marine mammal habitat; and Mitigation and monitoring effectiveness.
Visual Monitoring Marine mammal monitoring must be conducted in accordance with the Marine Mammal Monitoring Plan, available online at https
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable. Marine mammal monitoring during pile driving and removal must be conducted by NMFSapproved PSOs in a manner consistent with the following:
Independent PSOs i.e., not construction personnel who have no
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other assigned tasks during monitoring periods must be used;
At least one PSO must have prior experience performing the duties of a PSO during construction activity pursuant to a NMFS-issued incidental take authorization.
Where a team of three or more PSOs are required, a lead observer or monitoring coordinator must be designated. The lead observer must have prior experience working as a marine mammal observer during construction;
Other PSOs may substitute education degree in biological science or related field or training for experience.
PSOs may also substitute Alaska native traditional knowledge for experience. NMFS recognizes that PSOs with traditional knowledge may also have prior experience, and therefore be eligible to serve as the lead PSO.; and AGDC must submit PSO curriculum vitae for approval by NMFS prior to the onset of pile driving.
PSOs should have the following additional qualifications:
Ability to conduct field observations and collect data according to assigned protocols;
Experience or training in the field identification of marine mammals, including the identification of behaviors;
Sufficient training, orientation, or experience with the construction operation to provide for personal safety during observations;
Writing skills sufficient to prepare a report of observations including but not limited to the number and species of marine mammals observed; dates and times when in-water construction activities were conducted; dates, times, and reason for implementation of mitigation or why mitigation was not implemented when required; and marine mammal behavior; and Ability to communicate orally, by radio or in person, with project personnel to provide real-time information on marine mammals observed in the area as necessary.
At least two PSOs will be present during all pile driving/removal activities. PSOs will have an unobstructed view of all water within the shutdown zone. PSOs will observe as much of the Level A and Level B
harassment zone as possible. PSO
locations are as follows:
i. Dock Head 4During impact pile driving at DH4, two PSOs must be stationed to view toward the east, north, and west of the seawater treatment plant. During vibratory pile driving at
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