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Federal Register / Vol. 86, No. 195 / Wednesday, October 13, 2021 / Proposed Rules
Hooded Seal Hooded seals may be present in the project vicinity from January through May, although their exact seasonal densities are unknown. In general, hooded seals are much rarer than the harbor seal and gray seal in Narragansett Bay and are rarely observed in the Bay Kenney, 2005. Based on density data for Narragansett Bay obtained from the NMSDD, the minimum density of hooded seal was determined to be 0.001/km2. Hooded seals have the potential to occur but are considered the least likely seal to be present in Narragansett Bay. No Level A PTS

onset or Level B behavioral takes are anticipated during any construction year. However, in order to guard against unauthorized take, the Navy is requesting and NMFS is proposing 1
Level B behavioral take of hooded seal per month of construction when this species may occur Jan through May for each construction year for a total of 20
takes by Level B harassment Table 17.
No take by Level A harassment is anticipated or proposed for authorization for this species.

TABLE 17PROPOSED TAKE FOR
HOODED SEAL
Proposed Level B
harassment
Construction year Year Year Year Year
1 2
3 4

S45
S366 and Pier 1
LNG
S499/Pier 2

5
5 5
5

Total

20

Table 18 below summarizes the proposed authorized take for all the species described above as a percentage of stock abundance.

TABLE 18TAKE ESTIMATES AS A PERCENTAGE OF STOCK ABUNDANCE
Species
Stock NEST

Atlantic White-sided Dolphin
Common Dolphin
Harbor Porpoise
Harbor Seal
Gray Seal
Harp Seal
Hooded Seal

Western North Atlantic 93,233
Western North Atlantic 172,974
Gulf of Maine/Bay of Fundy 95,543
Western North Atlantic 75,834
Western North Atlantic 451,131
Western North Atlantic unknown
Western North Atlantic unknown

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Proposed Mitigation Under section 101a5A of the MMPA, NMFS must set forth the permissible methods of taking pursuant to the activity, and other means of effecting the least practicable adverse 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 latter not applicable for this action. 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, 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. This considers the nature of the potential adverse impact being mitigated likelihood, scope, range. It further considers the
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Level A
harassment 0
0 4
78
17
6 0

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.
The following mitigation measures are proposed for the Navys in-water construction activities.
General The Navy will follow mitigation procedures as described below. In general, if poor environmental conditions restrict full visibility of the shutdown zone, pile driving activities would be delayed.
Training The Navy will ensure that construction supervisors and crews, the monitoring team, and relevant Navy staff are trained and prior to the start of construction activity subject to this rule, so that responsibilities, communication procedures, monitoring protocols, and operational procedures are clearly understood. New personnel joining
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Level B
harassment 48
140
21
900
374
74
20

Percent of stock Less Less Less Less Less Less Less
than than than than than than than
1 1
1 2
1 1
1

percent.
percent.
percent.
percent.
percent.
percent.
percent.

during the project will be trained prior to commencing work.
Avoiding Direct Physical Interaction The Navy will avoid direct physical interaction with marine mammals during construction activity. If a marine mammal comes within 10 m of such activity, operations will cease and vessels will reduce speed to the minimum level required to maintain steerage and safe working conditions, as necessary to avoid direct physical interaction.
Shutdown Zones The Navy will establish shutdown zones for all pile driving activities. The purpose of a shutdown zone is generally to define an area within which shutdown of the activity would occur upon sighting of a marine mammal or in anticipation of an animal entering the defined area. Shutdown zones will vary based on the activity type and marine mammal hearing group Table 19. For those activities with larger Level A PTS
onset harassment zones, the shutdown zone would be limited to 150 m from the point of noise generation to ensure adequate monitoring for each bulkhead section and the remaining area would be considered part of the disturbance zone. A take will be recorded if a marine mammal enters the disturbance zone but does not approach or enter the shutdown zone. The disturbance zone is the Level B harassment zone and, where
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