Federal Register - October 13, 2021
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Source: Federal Register
Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
56875
and 138 takes by Level B harassment during Year 2 Table 14.
TABLE 14PROPOSED TAKE FOR HARBOR SEAL
Year Year Year Year
1
2
3
4
Calculated/
proposed Level B
harassment
Proposed Level A
harassment
Construction year
S45
S366 and Pier 01
LNG
S499/Pier 2
15
13
25
25
188
138
353
221
Total
78
900
Gray Seal Based on stranding records, gray seals are seasonally present in Rhode Island with the largest populations occurring from February through June with a sharp peak in March and April. The NMSDD Navy, 2017a provides combined densities for harbor seal and gray seal as discussed above. Gray seals are the second most likely seal to be observed in Rhode Island waters, next to harbor seals, and more of an occasional visitor Kenney, 2020;
therefore, the average species density for the harbor-gray seal guild was
determined to be appropriate for determining takes of gray seal. Based on density data for Narragansett Bay Navy, 2017a, the average density of seals was determined to be 0.131/km2. This density value is for all seals harbor and gray seals as a guild; therefore, it results in some degree of overestimation when applied to gray seals only. Calculated takes by Level A harassment and Level B harassment may occur each construction year with up to 5 takes by Level A harassment and 74 takes by Level B harassment during Year 3.
Fewer annual takes were calculated for Year 2 and 3 by Level A harassment and
28 takes by Level B Table 15. Because the calculated annual take is below the average group size, the annual take by Level B harassment proposed for gray seal has been increased to the average group size 50 gray seals NAVSEA
NUWC 2017 and conservatively doubled for Year 1, 2, and 4, during which years calculated takes were less than group size. Therefore, the Navy requested and NMFS proposes 100 takes of gray seals in Years 1, 2 and 4, and 74
takes in Year 3, and a total of 374 takes by Level B harassment of gray seals. A
total of 17 takes of gray seals by Level A harassment is also proposed.
TABLE 15PROPOSED TAKE FOR GRAY SEAL
Proposed Level A
harassment
Construction year Year Year Year Year
1
2
3
4
Calculated Level B
harassment
Proposed Level B
harassment
S45
S366 and Pier 01
LNG
S499/Pier 2
3
3
5
6
40
28
74
41
100
100
74
100
Total
17
183
374
Harp Seal Harp seals may be present in the project vicinity January through May. In general, harp seals are much rarer than the harbor seal and gray seal in Narragansett Bay and are rarely observed in the bay Kenney, 2015.
Therefore, the minimum species density was determined to be appropriate for determining takes of harp seal. Based on density data for Narragansett Bay obtained from the NMSDD Navy 2017, the minimum density of harp seal was determined to be 0.050/km2. The Navy requested and NMFS proposes that 2
takes by Level A harassment could occur in Year 3, and 1 take by Level A
harassment in Years 1, 2, and 4, for a total of 5 takes Table 16. Calculated takes by Level B harassment range from 11 to 29 and total 72 takes over the project Table 16.
TABLE 16PROPOSED TAKE FOR HARP SEAL
jspears on DSK121TN23PROD with PROPOSALS1
Year Year Year Year
1
2
3
4
Calculated/
proposed Level B
harassment
Proposed Level A
harassment
Construction year
S45
S366 and Pier 1
LNG
S499/Pier 2
1
1
2
2
16
11
29
18
Total
6
74
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