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Federal Register / Vol. 86, No. 157 / Wednesday, August 18, 2021 / Notices
avoidance zone may be third-party observers i.e., PSOs or crew members, but crew members responsible for these duties must be provided sufficient training to 1 distinguish marine mammals from other phenomena, and 2 broadly identify a marine mammal as a bowhead whale, other whale defined in this context as baleen whales other than bowhead whales, or other marine mammal.
2. Vessel speeds must also be reduced to 10 knots or less when mother/calf pairs, pods, or large assemblages of cetaceans are observed near a vessel.
3. All vessels must maintain a minimum separation distance of 500 m from bowhead whales. If a whale is observed but cannot be confirmed as a species other than a bowhead whale, the vessel operator must assume that it is a bowhead whale and take appropriate action.
4. All vessels must maintain a minimum separation distance of 100 m from all other baleen whales.
5. All vessels must, to the maximum extent practicable, attempt to maintain a minimum separation distance of 50 m from all other marine mammals, with an understanding that at times this may not be possible e.g., for animals that approach the vessel.
6. When marine mammals are sighted while a vessel is underway, the vessel shall take action as necessary to avoid violating the relevant separation distance e.g., attempt to remain parallel to the animals course, avoid excessive speed or abrupt changes in direction until the animal has left the area. If protected species are sighted within the relevant separation distance, the vessel must reduce speed and shift the engine to neutral, not engaging the engines until animals are clear of the area. This does not apply to any vessel towing gear or any vessel that is navigationally constrained.
7. These requirements do not apply in any case where compliance would create an imminent and serious threat to a person or vessel or to the extent that a vessel is restricted in its ability to maneuver and, because of the restriction, cannot comply.
We did not identify any mitigation specifically appropriate for habitat.
Marine mammal habitat may be impacted by elevated sound levels, but these impacts would be temporary. Prey species are mobile and are broadly distributed throughout the project area;
therefore, marine mammals that may be temporarily displaced during survey activities are expected to be able to resume foraging once they have moved away from areas with disturbing levels of underwater noise. The specified
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activity is of relatively short duration 30 days and the disturbance will be temporary in nature, similar habitat and resources are available in the surrounding area, the impacts to marine mammals and the food sources that they utilize are not expected to cause significant or long-term consequences for individual marine mammals or their populations. No Biologically Important Areas BIAs, designated critical habitat, or other habitat of known significance would be impacted by the planned activities.
We have carefully evaluated the suite of mitigation measures described here and considered a range of other measures in the context of ensuring that we prescribe the means of effecting the least practicable adverse impact on the affected marine mammal species and stocks and their habitat. Based on our evaluation of the measures, as well as other measures considered by NMFS
described above, NMFS has determined that the mitigation measures provide the means of 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 see Unmitigable Adverse Impact Analysis and Determination.
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 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 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
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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.
Mitigation and monitoring effectiveness.
Vessel-Based Visual Monitoring As described above, PSO observations would take place during daytime airgun operations. During seismic operations, at least five visual PSOs would be based aboard the R/V Sikuliaq. Two visual PSOs would be on duty at all time during daytime hours. Monitoring shall be conducted in accordance with the following requirements:
The operator will work with the selected third-party observer provider to ensure PSOs have all equipment including backup equipment needed to adequately perform necessary tasks, including accurate determination of distance and bearing to observed marine mammals.
PSOs must have the following requirements and qualifications:
PSOs shall be independent, dedicated, trained visual and acoustic PSOs and must be employed by a thirdparty observer provider;
PSOs shall have no tasks other than to conduct observational effort, collect data, and communicate with and instruct relevant vessel crew with regard to the presence of protected species and mitigation requirements including brief alerts regarding maritime hazards;
PSOs shall have successfully completed an approved PSO training course;
NMFS must review and approve PSO resumes accompanied by a relevant training course information packet that includes the name and qualifications i.e., experience, training completed, or educational background of the instructors, the course outline or
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