[Federal Register Volume 81, Number 121 (Thursday, June 23, 2016)]
[Notices]
[Pages 40902-40915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14847]
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS-R7-ES-2016-N092; FF07CAMM00-FX-FXFR133707REG04]
Marine Mammals; Incidental Take During Specified Activities;
Proposed Incidental Harassment Authorization for Pacific Walruses in
Alaska and Associated Federal Waters
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of receipt of application and proposed incidental
harassment authorization; availability of draft environmental
assessment; request for comments.
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SUMMARY: We, the U.S. Fish and Wildlife Service (Service), in response
to a request under the Marine Mammal Protection Act of 1972 (MMPA), as
amended, from Quintillion Subsea Operation, LLC, propose to authorize
the incidental taking by harassment of small numbers of Pacific
walruses from July 15-November 15, 2016. The area specified for
inclusion in the proposed authorization includes Federal waters of the
northern Bering, Chukchi, and Southern Beaufort Seas, the marine waters
of the State of Alaska, and coastal land adjacent to Nome, Kotzebue,
Point Hope, Wainwright, Barrow, and Oliktok Point, as shown in Figure
1. The applicant has requested this authorization for its planned
cable-laying activities. We anticipate no take by injury or death and
include none in this proposed authorization, which if finalized, will
be for take by harassment only.
DATES: We will consider comments we receive on or before July 25, 2016.
ADDRESSES:
Document availability: The incidental harassment authorization
request, associated draft environmental assessment, and literature
cited, are available for viewing at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
Comments submission: You may submit comments on the proposed
incidental harassment authorization and associated draft environmental
assessment by one of the following methods:
U.S. mail or hand-delivery: Public Comments Processing,
Attn: Kimberly Klein, U.S. Fish and Wildlife Service, MS 341, 1011 East
Tudor Road, Anchorage, AK 99503;
Fax: 907-786-3816, Attn: Kimberly Klein; or
Email comments to: FW7_AK_Marine_Mammals@fws.gov.
Please indicate whether your comments apply to the proposed
incidental harassment authorization or the draft environmental
assessment. We will post all hardcopy comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm. See Request for Public Comments below for
more information.
FOR FURTHER INFORMATION CONTACT: Copies of the application, the list of
references used in the notice, and other supporting materials may be
downloaded from the Web at: http://www.fws.gov/alaska/fisheries/mmm/iha.htm. You may also contact Kimberly Klein, by mail at Marine Mammals
Management, U.S. Fish and Wildlife Service, MS 341, 1011 East Tudor
Road, Anchorage, AK 99503; by email at kimberly_klein@fws.gov; or by
telephone at 1-800-362-5148, to request documents.
SUPPLEMENTARY INFORMATION: In response to a request from Quintillion
Subsea Operation, LLC (Quintillion or ``the applicant''), we propose to
authorize the incidental taking by harassment of small numbers of
Pacific walruses from July 15-November 15, 2016, under section
101(a)(5)(D) of the Marine Mammal Protection Act of 1972 (MMPA), as
amended. Quintillion has requested this authorization for its planned
cable-laying activities in Federal waters of the northern Bering,
Chukchi, and southwestern Beaufort Seas, the marine waters of the State
of Alaska, and coastal land adjacent to Nome, Kotzebue, Point Hope,
Wainwright, Barrow, and Oliktok Point, as specified in Figure 1. We
anticipate no take by injury or death and include none in this proposed
authorization, which, if finalized, would be for take by harassment
only.
[[Page 40903]]
Executive Summary
Why We Need To Publish a Draft Incidental Harassment Authorization
(IHA)
Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq.) directs
the Service to allow, upon request, and for periods of not more than 1
year, the incidental, but not intentional take of small numbers of
marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical area if
certain findings are made regarding the effects of the take. The
Service was petitioned by Quintillion on October 29, 2015, to provide
authorization for the incidental take by harassment of Pacific walruses
(Odobenus rosmarus divergens) and polar bears (Ursus maritimus) for a
cable-laying project, which is intended to improve broadband internet
service in northern Alaska. After receiving comments on the initial
application, Quintillion made revisions and submitted an updated IHA
application on February 3, 2016. Quintillion subsequently withdrew its
application for incidental take of polar bears on April 25, 2016,
citing several factors, including changes to the project that reduce
the already-low probability of encounters with polar bears. This
document announces and explains the Service's proposed authorization of
incidental take of small numbers of Pacific walruses from Quintillion's
cable-laying project in the State of Alaska and associated Federal
waters from July 15-November 15, 2016.
The Effect of This Authorization
The MMPA allows the Service to authorize, upon request, the
incidental take of small numbers of marine mammals as part of a
specified activity within a specified geographic region. In this case,
the Service may authorize the incidental, but not intentional, take by
harassment of small numbers of Pacific walruses by Quintillion during
the specified cable-laying project activities if we find that such
harassment during each period will:
Have no more than a ``negligible impact'' on the species
or stock of Pacific walrus; and
Not have an ``unmitigable adverse impact'' on the
availability of the species or stock for taking for subsistence uses.
The Service may stipulate the permissible methods of taking and
require mitigation, monitoring, and reporting of such takings, which
are meant to reduce or minimize negative impacts to the Pacific walrus.
Request for Public Comments
We intend that any final action resulting from this proposal will
be as accurate and as effective as possible. Therefore, we request
comments or suggestions on this proposed authorization. We particularly
seek comments concerning:
Whether the proposed authorization, including the proposed
activities, will have a negligible impact on the species or stock of
Pacific walrus.
Whether the proposed authorization will ensure that an
unmitigable adverse impact on the availability of Pacific walruses for
subsistence taking does not occur.
Whether there are any additional provisions we may wish to
consider for ensuring the conservation of the Pacific walrus.
You may submit your comments and materials concerning this proposed
authorization by one of the methods listed in ADDRESSES.
If you submit a comment via FW7_AK_Marine_Mammals@fws.gov, your
entire comment--including any personal identifying information--may be
available to the public. If you submit a hardcopy comment that includes
personal identifying information, you may request at the top of your
document that we withhold this information from public review. However,
we cannot guarantee that we will be able to do so. We will post all
hardcopy comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
Background
Section 101(a)(5)(D) of the MMPA, as amended (16 U.S.C.
1371(a)(5)(D)), authorizes the Secretary of the Interior (the
Secretary) to allow, upon request of a citizen and subject to such
conditions as the Secretary may specify, the incidental but not
intentional taking by harassment of small numbers of marine mammals of
a species or population stock by such citizens who are engaging in a
specified activity within a specified region. Incidental taking may be
authorized only if the Secretary finds that such take during each
period concerned will have a negligible impact on such species or
stock, and will not have an unmitigable adverse impact on the
availability of such species or stock for subsistence use.
Section 101(a)(5)(D) of the MMPA establishes a process by which
citizens of the United States can apply for an authorization for
incidental take of small numbers of marine mammals where the take will
be limited to harassment during a period of not more than 1 year. We
refer to these incidental harassment authorizations as ``IHAs.''
The term ``take,'' as defined by the MMPA, means to harass, hunt,
capture, or kill, or to attempt to harass, hunt, capture, or kill any
marine mammal. Harassment, as defined by the MMPA, means any act of
pursuit, torment, or annoyance which: (i) Has the potential to injure a
marine mammal or marine mammal stock in the wild (the MMPA calls this
``Level A harassment''), or (ii) has the potential to disturb a marine
mammal or marine mammal stock in the wild by causing disruption of
behavioral patterns, including, but not limited to, migration,
breathing, nursing, breeding, feeding, or sheltering (the MMPA calls
this ``Level B harassment'').
The terms ``small numbers,'' ``negligible impact,'' and
``unmitigable adverse impact'' are defined in 50 CFR 18.27, the
Service's regulations governing take of small numbers of marine mammals
incidental to specified activities. ``Small numbers'' is defined as a
portion of a marine mammal species or stock whose taking would have a
negligible impact on that species or stock. However, we do not rely on
that definition here, as it conflates the terms ``small numbers'' and
``negligible impact,'' which we recognize as two separate and distinct
requirements. Instead, in our small numbers determination, we evaluate
whether the number of marine mammals likely to be taken is small
relative to the size of the overall population. ``Negligible impact''
is defined as an impact resulting from the specified activity that
cannot be reasonably expected to, and is not reasonably likely to
adversely affect the species or stock through effects on annual rates
of recruitment or survival. ``Unmitigable adverse impact'' is defined
as an impact resulting from the specified activity (1) that is likely
to reduce the availability of the species to a level insufficient for a
harvest to meet subsistence needs by (i) causing the marine mammals to
abandon or avoid hunting areas, (ii) directly displacing subsistence
users, or (iii) placing physical barriers between the marine mammals
and the subsistence hunters; and (2) that cannot be sufficiently
mitigated by other measures to increase the availability of marine
mammals to allow subsistence needs to be met.
In order to issue an IHA, the Service must set forth the following:
(1) Permissible methods of taking; (2) 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 (3) requirements pertaining to the monitoring and
reporting of such takings. Habitat areas of significance for
[[Page 40904]]
Pacific walruses in the project area include (a) marginal sea-ice
zones, (b) areas with consistent polynyas in consolidated pack ice or
multiyear ice, (c) areas of high benthic productivity, (d) areas where
nutrient-rich ocean currents converge, and (e) terrestrial haulouts.
The proposed activities will not be conducted in the vicinity of sea
ice, eliminating potential impacts to the first two habitat types.
Areas of high benthic productivity and convergence of nutrient-rich
currents are important because they generate important feeding areas.
The Service, therefore, must specify avoidance and minimization
measures for effecting the least practicable impact of the proposed
action on important feeding areas and terrestrial haulouts.
Summary of Request
On October 29, 2015, Quintillion submitted a request to the Service
for the nonlethal taking by harassment of Pacific walruses and polar
bears that may occur incidental to a cable-laying project. Quintillion
is proposing to install 1,904 kilometers (km) (1,183 miles (mi)) of
submerged fiber optic cable on the seafloor of the Bering, Chukchi, and
Beaufort Seas off the northern and western coasts of Alaska during the
open-water season of 2016. The Quintillion cable project or ``the
proposed action'' consists of a main trunk line and six branching lines
with links to the existing terrestrial networks of six rural Alaskan
communities. An amendment with updated information was received in
February 2016, and Quintillion withdrew its request for incidental take
of polar bears on April 25, 2016. A complete copy of Quintillion's
request and supporting documents may be obtained as specified above in
ADDRESSES.
The project is most likely to encounter Pacific walruses in the
Chukchi Sea in August and September. The cable-laying activities are
proposed for the northern Bering Sea after mid-July when most animals
have moved either northward into the Chukchi Sea or southward to
Bristol Bay, where no cable-laying activities are proposed. The
Southern Beaufort Sea is outside of the normal range of the species and
is, therefore, considered ``extralimital'' to the normal range of the
species, and encounters are unlikely. When Pacific walruses are
encountered, they may react to the presence of Quintillion's vessels or
the sounds of the cable-laying activities. Thrusters, echo sounders,
and beacon transceivers that will be used by the cable-laying ships
during this project may generate noise levels capable of causing
acoustic harassment to Pacific walruses in the local area.
Quintillion is requesting incidental take by Level B harassment of
Pacific walruses from disruption of behavioral patterns and exposure to
sound levels exceeding 160 decibels (dB; all dB levels given herein are
re: 1 [micro]Pa). The number of actual takes from sound exposure will
depend upon the number of individuals occurring within the 160-dB
ensonification zone. The ``ensonification zone'' is the area
surrounding a sound source where received sound levels may exceed the
specified threshold. Quintillion is not requesting authorization for
take by Level A harassment. Quintillion does not believe that Level A
take will occur because the project is not expected to generate noise
levels at or above the level considered by the Service to have the
potential to cause injury. Quintillion estimates that the project will
generate sound levels no greater than 180 dBrms
(dBrms refers to the root-mean-squared dB level, the square
root of the average of the squared sound pressure level over some
duration--typically 1 second). Pursuant to conclusions reached by the
National Oceanic and Atmospheric Administration (NOAA), the Service
considers sound levels above 190 dBrms to have the potential
to cause injury to Pacific walruses and result in take due to Level A
harassment (e.g., NMFS 1998; HESS 1999).
Prior to issuing an IHA in response to this request, the Service
must evaluate the level of activities described in the application, the
associated potential impacts to Pacific walruses, and the potential
effects on the availability of the species for subsistence use. The
Service is tasked with analyzing the impact that the proposed lawful
activities will have on Pacific walruses during normal operating
procedures.
Description of the Specified Activities and Geographic Area
The planned Quintillion cable project will occur in the marine
waters of the northern Bering, Chukchi, and southwestern Beaufort Seas,
in waters of the State of Alaska, and on coastal land of Alaska (Figure
1). The main trunk line is 1,317 km (818 mi) in length. The branching
lines range between 27 km (17 mi) and 233 km (145 mi) in length and
extend between the trunk line and the coastal communities of Nome,
Kotzebue, Point Hope, Wainwright, and Barrow. Another branching line
will extend to Oliktok Point, located 260 km (162 mi) southeast of
Barrow. This line will connect over land with the community of Nuiqsut
and the Prudhoe Bay industrial center. Additional project details are
available in Quintillion's IHA application, available online at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
[[Page 40905]]
[GRAPHIC] [TIFF OMITTED] TN23JN16.015
All activities associated with the IHA request, including
mobilization, preliminary work, cable laying, post-burial work, and
demobilization of survey and support crews are planned to occur June 1-
October 31, 2016. Operations in the Bering Sea will begin near Nome in
mid-June and follow the receding sea ice northward into the northern
Bering Sea. Work in the Bering Sea between Nome and the Bering Strait
is proposed to occur from mid-July to mid-August 2016. Work in the open
waters of the Chukchi Sea north of the Bering Strait and in the
Beaufort Sea will be done in August and September. Nearshore cable
landing work near Oliktok Point, Barrow, Wainwright, and Point Hope
will begin in July and will continue in August-October while work is
also being conducted offshore. Work may be conducted day or night. The
operations will take approximately 150 days within the work window.
Before cable is laid, a pre-lay grapnel run will be completed along
the proposed cable route where burial is required. A grapnel is a small
anchor with three or more flukes, used for grappling or dragging. The
objective of the operation is the identification and clearance of any
seabed debris. The grapnel run will employ towed grapnels and will be
conducted by a tugboat. Any debris recovered during these operations
will be discharged ashore and disposed of in accordance with applicable
regulations. If any debris cannot be recovered, then a local reroute
will be planned to avoid the debris.
The cable-laying operations will be conducted from the Cable Ship
(C/S) Ile de Brehat and/or its sister ships (Ile de Sein, Ile de Batz).
The three ships may operate simultaneously in different locations. All
three ships are 140 meters (m) or 460 feet (ft) in length and 23 m (77
ft) in breadth, with berths for a crew of 70. Each ship is propelled by
two 4,000-kilowatt (kW) fixed-pitch propellers. Dynamic positioning is
maintained by two 1,500-kW bow thrusters, two 1,500-kW aft thrusters,
and one 1,500-kW fore thruster. Sound source measurements have not been
conducted specific to the C/S Ile de Brehat, but acoustic studies for
similar vessels have shown thruster noise measurements of 171-180
dBrms at 1 m (Nedwell et al. 2003; Samsung 2009; Deepwater
Wind 2012).
Support vessels include a tug and barge that will be primarily used
for nearshore operations on the branch lines. Submerged cable
components will include the cable, interconnecting hardware, and
repeaters. The cable will be placed on the seafloor surface or will be
buried. Burial method will depend on bottom substrate, water depth, and
location. Echo sounders, transceivers, and transponders will be used to
monitor the water depth and the position of equipment on the seafloor.
Where cable is to be laid on the seafloor surface, the cable ships
will install the cable as close as possible to the planned route with
the correct amount of cable slack to enable the cable to conform to the
contours of the seabed without loops or suspensions. A slack plan will
be developed that uses direct bathymetric data and a catenary modeling
system to control the ship and the cable payout speeds to ensure the
cable is accurately placed. A dive team and the tug and barge will lay
cable in nearshore waters too shallow for the C/S Ile de Brehat.
Burial methods will depend on water depth. In depths greater than
12 m (39.4 ft), the cable will be buried using a burial plough pulled
by the cable ship. The plough is pulled by a tow wire as cable is fed
through a depressor that pushes it into a trench. Burial depth is
[[Page 40906]]
controlled by adjusting the front skids. The normal tow speed is
approximately 600 meters per hour (m/hr) (0.37 miles per hour (mph) or
0.32 knots (kn)). During cable laying, the cable ship will not be able
to alter course or speed to avoid marine mammals, but the slow speed
and constant sound production will provide ample warning, allowing
Pacific walruses to retreat before they are close enough to be harmed.
In water depths less than 12 m (39.4 ft), burial will be by a tug-
pulled jet sled, tracked Remotely Operated Vehicle (ROV), or by a dive
team using hand-jetting equipment, subject to seabed conditions in the
area. Burial depths will generally be 2-3 m (6.6-9.8 ft). Nearer to
shore, where seasonal ice scouring occurs, the cable will be floated on
the surface and then pulled through an existing horizontal
directionally drilled bore pipe to the beach manhole where it will be
spliced to the terrestrial cable. The floated cable portion will then
be lowered to the seabed by divers and buried (using a burial method as
described above) from the bore pipe seaward.
While it is expected that the cable trenches will fill in by
natural current processes, it is important to ensure that cable splices
and interconnections are fully buried, and that there are no plough
skips at locations where burial is critical. To ensure proper burial at
critical locations, the ROV will be used to conduct post-lay inspection
and burial along an estimated 10 km (6.2 mi) of the burial route.
Description of Marine Mammals in the Area of Specified Activity
The stock of Pacific walruses is composed of a single panmictic
population inhabiting the shallow continental shelf waters of the
Bering and Chukchi Seas (Lingqvist et al. 2009; Berta and Churchill
2012). The size of the stock has never been known with certainty. In
2006, the United States and Russia conducted a joint aerial survey in
the pack ice of the Bering Sea using thermal imaging systems and
satellite transmitters to count Pacific walruses in the water and
hauled out on sea ice. The number within the surveyed area was
estimated at 129,000 with 95 percent confidence limits of 55,000 to
507,000 individuals. This estimate is considered a minimum: Weather
conditions forced termination of the survey before large areas were
surveyed (Speckman et al. 2011).
Distribution is largely influenced by the extent of the seasonal
pack ice and prey densities. From April to June, most of the population
migrates from the Bering Sea through the Bering Strait and into the
Chukchi Sea. Pacific walruses tend to migrate into the Chukchi Sea
along lead systems that develop in the sea ice. During the open-water
season, Pacific walruses are closely associated with the edge of the
seasonal pack ice from Russian waters to areas west of Point Barrow,
Alaska. Most of these animals remain in the Chukchi Sea throughout the
summer months, but a few occasionally range into the Beaufort Sea. Oil
and gas industry observers reported 35 sightings east of Point Barrow
(~156.5[deg] W.) between 1995 and 2012 (Kalxdorff and Bridges 2003; AES
Alaska 2015; USFWS unpublished data).
The pack ice usually advances rapidly southward in late fall, and
most Pacific walruses return to the Bering Sea by mid- to late-
November. During the winter breeding season, three concentration areas
form in the Bering Sea where open leads, polynyas, or thin ice occur
(Fay et al. 1984; Garlich-Miller et al. 2011). While the specific
location of these groups varies annually depending upon the sea-ice
extent, one group generally occurs near the Gulf of Anadyr, another
south of St. Lawrence Island, and a third in the southeastern Bering
Sea south of Nunivak Island.
Pacific walruses are usually found in waters of 100 m (328 ft) or
less although they are capable of diving to greater depths. They use
sea ice as a resting platform over feeding areas, as well as for giving
birth, nursing, passive transportation, and avoiding predators (Fay
1982; Ray et al. 2006). Native hunters have reported incidences of
Pacific walruses preying on seals; other items such as fish and birds
are occasionally taken (Sheffield and Grebmeier 2009; Seymour et al.
2014), but benthic invertebrates are the primary food source. Foraging
trips may last for several days, during which the animals dive to the
bottom nearly continuously. Most foraging dives last 5-10 minutes, with
surface intervals of 1-2 minutes. The disturbance of the sea floor by
foraging Pacific walruses releases nutrients into the water column,
provides food for scavenger organisms, contributes to the diversity of
the benthic community, and is thought to have a significant influence
on the ecology of the Bering and Chukchi Seas (Ray et al. 2006).
Bivalve clams of the genera Macoma, Serripes, and Mya appear to be
the most important prey based on both stomach contents and prey
availability at Pacific walrus feeding areas (Sheffield and Grebmeier
2009). Feder et al. (1989) found summer and fall feeding areas in the
Chukchi Sea to be dominated by muddy substrates supporting high
biomasses of Macoma calcarea. Hanna Shoal is the most important
foraging area for Pacific walruses (Brueggeman et al. 1990, 1991;
MacCracken 2012; Jay et al. 2012). Jay et al. (2012) tracked radio-
tagged individuals to estimate areas of foraging and occupancy in the
Chukchi Sea during June-November of 2008-2011 (years when sea ice was
sparse over the continental shelf) and observed high use areas in the
relatively shallow waters of Hanna Shoal. The unique bathymetric and
current patterns at Hanna Shoal deposit nutrients from the Bering Sea
on the ocean floor where they feed a rich benthic ecosystem. Based on
this information, the Service designated 24,600 km\2\ (9,500 mi\2\) of
the Chukchi Sea as the Hanna Shoal Walrus Use Area (HSWUA).
Pacific walruses are social and gregarious animals. They travel and
haul out onto ice or land in groups, and spend approximately 20-30
percent of their time out of the water. Hauled-out animals tend to be
in close physical contact. Young animals often lie on top of adults.
The size of the hauled-out groups can range from a few animals up to
several thousand individuals. The largest aggregations occur at land
haulouts.
Use of terrestrial haulouts in the eastern Chukchi Sea by large
numbers has been common during recent years of low summer sea ice, when
the edge of the pack ice has moved north into the deep Arctic Basin
where Pacific walruses cannot feed (due to too great a water depth). In
recent years, the barrier islands north of Point Lay, Alaska, have held
large aggregations of up to 20,000-40,000 animals in late summer and
fall (Monson et al. 2013). Pacific walruses hauled out near Point Lay
have travelled to Hanna Shoal during feeding bouts.
Polar bears are known to prey on Pacific walruses, particularly
calves; killer whales (Orcinus orca) have been known to take all age
classes (Frost et al. 1992; Melnikov and Zagrebin 2005). Predation
rates are unknown but are thought to be highest near terrestrial
haulout sites where large aggregations can be found. Few observations
exist of predation upon Pacific walruses farther offshore.
Pacific walruses have been hunted for food and other purposes by
coastal-dwelling Alaska Natives and Native peoples of Chukotka, Russian
Federation for thousands of years. Combined harvest mortality from
2000-2014 for the United States and Russian Federation averaged 3,207
per year (USFWS unpublished data). This mortality estimate includes
corrections for under-reported harvest (U.S. only)
[[Page 40907]]
and struck and lost animals. Harvest has been declining by about 3
percent per year since 2000 and was exceptionally low in the United
States in 2012-2014. Resource managers in Russia have concluded that
the population has declined and have reduced harvest quotas in recent
years accordingly, based in part on the lower abundance estimate
generated from the 2006 survey (Kochnev 2004; Kochnev 2005; Kochnev
2010, pers. comm.; Litovka 2015, pers. comm.). The quota in 2000 was
3000 animals; by 2010, it was just 1300 (Shadbolt et al. 2014).
However, Russian hunters have never reached the quota (Litovka 2015,
pers. comm.).
Detailed information on the biology and status of the species,
including a revised stock assessment report announced on April 21, 2014
(79 FR 22154), is available at http://www.fws.gov/alaska/fisheries/mmm/.
Potential Impacts of the Activities on Pacific Walruses
Proposed cable-laying activities in the Chukchi Sea may encounter
Pacific walruses, but encounters in the Beaufort and Bering Seas are
unlikely. The Southern Beaufort Sea east of 153[deg] W. is
extralimital; encounters are unlikely there. Project activities are
scheduled to occur in the northern Bering Sea after mid-July, when most
Pacific walruses have moved north into the Chukchi Sea or south to
Bristol Bay. No project activities are planned in Bristol Bay or in the
Bering Sea south of Nome.
Proposed activities in the Chukchi Sea in July-August have the
greatest degree of overlap with areas used by Pacific walruses. Project
activities occurring in these areas in September-November may also
encounter Pacific walruses. Noise and vessel activities associated with
the project have the potential to disrupt normal behavioral patterns
including migration, nursing, and feeding. Use of thrusters, echo
sounders, and beacon transceivers could generate noise levels capable
of causing acoustic harassment near the project area and are discussed
in the following section.
Noise
Pacific walruses hear sounds both in air and in water. Kastelein et
al. (1996) tested the in-air hearing of one individual from 125 hertz
(Hz) to 8 kilohertz (kHz) and determined the animal could hear all
frequency ranges tested, but the best sensitivity was 250 Hz-2 kHz.
Kastelein et al. (2002) tested underwater hearing and determined that
range of hearing was 1 kHz-12 kHz with greatest sensitivity at 12 kHz.
The small sample size of one animal warrants caution; other pinnipeds
can hear up to 40 kHz. Many of the noise sources generated by the
Quintillion cable project are likely to be audible to Pacific walruses.
Exposure to high levels of underwater sound may cause hearing loss in
nearby animals and disturbance of animals at greater distances. Sound
attenuates in air more rapidly than in water; airborne sound levels
likely to be produced by the proposed action are unlikely to cause
hearing damage unless animals are very close to the sound source.
Acoustic sources operating during cable laying will include
thrusters, plows, jets, ROVs, echo sounders, and positioning beacons.
Of these, the dominant source of radiated underwater noise at
frequencies less than 200 Hz is propeller cavitation from the vessel
propulsion systems (Ross 1976). The cable ships will each maintain
dynamic positioning during cable-laying operations by using two 1,500-
kW bow thrusters, two 1,500-kW aft thrusters, and one 1,500-kW fore
thruster. Sound source measurements have not been conducted specific to
the C/S Ile de Brehat, but acoustic studies for similar vessels have
shown thruster noise measurements of 171-180 dBrms at 1 m
(Nedwell et al. 2003; Samsung 2009; Deepwater Wind 2012).
Echo sounders, transceivers, and transponders will be used to
conduct hydroacoustic surveys of water depth and to guide the position
of the plow and ROV. Sound levels produced by these sources can range
from 210-226 dB at 1 m, but are generally at frequencies above the
hearing sensitivities of Pacific walruses; typical frequencies are 24
kHz-900 kHz. Some surveys use frequencies as low as 50 Hz or as high as
2 megahertz (MHz). Pulses of sound are produced every 1 to 3 seconds in
narrow downward-focused beams; there is very little horizontal
propagation of noise. Commercial sonar systems may generate lower
frequency side-lobes audible to marine mammals, but these are generally
produced at sound levels unlikely to cause harm (Deng et al. 2014).
Depending on the action, the area, and the acoustics involved, sound
from multiple sources may combine synergistically or partly cancel out.
Cable ships will not operate simultaneously in close proximity to each
other (within 10 km).
Marine mammals in general have variable reactions to noise sources,
particularly mobile sources such as marine vessels. Potential impacts
from noise include displacement from preferred foraging areas,
increased stress, energy expenditure, interference with feeding,
masking of communications, or temporary hearing loss. Potential
acoustic injuries from exposure to high levels of sound may manifest in
the form of temporary or permanent changes in hearing sensitivity. The
underwater hearing abilities of the Pacific walrus have not been
studied sufficiently to develop species-specific criteria for
preventing harmful exposure. Sound pressure level thresholds have been
developed for other members of the pinniped taxonomic group, above
which exposure is likely to cause behavioral responses and injuries
(Finneran 2015).
Historically, NOAA has used 190 dBrms as a threshold for
predicting injury to pinnipeds and 160 dBrms as a threshold
for behavioral impacts from exposure to impulse noise (NMFS 1998; HESS
1999). The behavioral response threshold was developed based primarily
on observations of marine mammal responses to airgun operations (e.g.,
Malme et al. 1983a, 1983b; Richardson et al. 1986, 1995). Southall et
al. (2007) assessed relevant studies, found considerable variability
among pinnipeds, and determined that exposures between ~90-140 dB
generally do not appear to induce strong behavioral responses in
pinnipeds in water, but an increasing probability of avoidance and
other behavioral effects exists in the 120-160-dB range.
The NOAA 190-dBrms injury threshold is an estimate of
the sound level likely to cause a permanent shift in hearing thresholds
(permanent threshold shift or PTS). This value was modelled from
temporary threshold shifts (TTS) observed in pinnipeds (NMFS 1998; HESS
1999). Southall et al. (2007) reviewed the literature and derived
behavior and injury thresholds based on peak sound pressure levels of
212 dB (peak) and 218 dB (peak) respectively. Because onset of TTS can
vary in response to duration of exposure, Southall et al. (2007) also
derived thresholds based on sound exposure levels (SEL). Sound exposure
level can be thought of as a composite metric that represents both the
magnitude of a sound and its duration. The study proposed threshold
SELs weighted at frequencies of greatest sensitivities for pinnipeds of
171 dB (SEL) and 186 dB (SEL) for behavioral impacts and injury
respectively (Southall et al. 2007). Kastak et al. (2005) found
exposures resulting in TTS in pinniped test subjects ranging from 152-
174 dB (183-206 dB SEL). Reichmuth et al. (2008) demonstrated a
persistent TTS, if not a PTS, after 60 seconds of 184 dB SEL. Kastelein
(2012) found small but statistically significant TTSs at approximately
170 dB SEL (136
[[Page 40908]]
dB, 60 min) and 178 dB SEL (148 dB, 15 min).
Based on these data, and applying a precautionary approach in the
absence of empirical information, we assume it is possible that Pacific
walruses exposed to 190-dB or greater sound levels from underwater
activities could suffer injury from PTS. Pacific walruses exposed to
underwater sound pressure levels greater than 180 dB could suffer
temporary shifts in hearing thresholds. Repeated or continuous exposure
to sound levels between 160 and 180 dB may also result in TTS, and
exposures above 160 dB are more likely to elicit behavioral responses
than lower level exposures.
The Service's underwater sound mitigation measures include
employing ``Protected Species Observers'' (PSOs) to establish and
monitor 160-dB, 180-dB, and 190-dB isopleth mitigation zones centered
on any underwater sound source greater than 160 dBrms. For
projects that produce sound levels greater than 180 dBrms,
the 180-dB and 190-dB zones are monitored to ensure no marine mammals
are in the zone before the sound-producing activity begins and during
the activity. The Quintillion project is not expected to produce sound
at this level, but the 160-dB zone will be monitored; Pacific walruses
in this zone will be assumed to experience Level B take.
Pacific walruses' reactions to noise sources at likely to be
variable, depending on the sound levels and frequencies, individuals'
prior exposure to the disturbance source, their need or desire to be in
the particular habitat or area where they are exposed to the noise,
location relative to the disturbance, and whether the disturbance
source is visible or odorous. Pacific walruses are typically more
sensitive to disturbance when hauled out on land or ice than when they
are in the water. The Quintillion cable project will be carried out
away from the edge of the seasonal pack ice and terrestrial haulouts.
This will minimize potential interactions with large concentrations of
Pacific walruses in the project area, which typically favor sea-ice
habitats or land-based haulouts.
Relatively minor reactions, such as increased vigilance, are not
likely to disrupt biologically important behavioral patterns and,
therefore, do not constitute take by harassment, as defined by the
MMPA. Reactions such as fleeing a haulout or departing a feeding area
have the potential to disrupt biologically significant behavioral
patterns, including nursing, feeding, and resting, and may result in
decreased fitness for the affected animal. These reactions meet the
criteria for Level B harassment under the MMPA. Significant reactions
have been documented in response to vessel noise. For example,
icebreaking activities in the Chukchi Sea were observed to displace
some Pacific walrus groups up to several kilometers (Brueggeman et al.
1990) away. Approximately 25 percent of groups on pack ice responded by
diving into the water; most reactions occurred within 805m-1 km (0.5-
0.6 mi) of the ship. However, groups of hauled-out Pacific walruses
beyond these distances generally showed little reaction to icebreaking
activities (Brueggeman et al. 1990, 1991). Activities producing high
levels of noise or occurring in close proximity also have the potential
to illicit extreme reactions (Level A harassment) including separation
of mothers from young or instigation of stampedes, resulting in death
of the offspring or death by trampling respectively.
Cable-laying activities will occur in regions of the Chukchi Sea
used by Pacific walruses for foraging. Noise from these activities may
cause Pacific walruses to be displaced during feeding, and could have
direct effects on food resources. Little research has been conducted on
the effects of sound on invertebrates. Mussels, clams, and crabs do not
have auditory systems or swim bladders that could be affected by sound
pressure, but squid and other invertebrate species have complex
statocysts that resemble the otolith organs of fish that may allow them
to detect sounds (Budelmann 1992). Normandeau Associates, Inc. (2012)
concluded that invertebrates are sensitive to local water movements and
to low-frequency particle accelerations generated by sound sources in
their close vicinity. Based on these results, impulsive hydroacoustic
surveys could acoustically impact local marine communities, but only
within a limited area. From an ecological community standpoint, these
impacts are considered minor. No significant reduction in quality or
availability of Pacific walrus food resources is expected.
The proposed action will include measures to prevent extreme
behavioral reactions to project noise and injury from noise exposure.
Measures include minimizing probability of encounters by working during
times when sea ice is not present and avoiding terrestrial haulouts.
Cable vessels will not operate in areas where doing so would allow
animals to be exposed to simultaneous noise from more than one ship.
Acoustic ensonification zones will be monitored by PSOs during cable
laying to document take and during pre- and post-cable-laying
activities to maintain at least an 805-m (0.5-mi) distance from Pacific
walruses. These measures are expected to reduce the intensity of
disturbance events and to minimize the potential for injuries to
animals.
Vessel-Based Activities
Pacific walruses may be disturbed by the sights, sounds, and smells
of humans, machinery, and equipment associated with the proposed
vessel-based activities during Quintillion's project. The potential
responses of Pacific walruses to these types of disturbances are highly
variable and may depend on the context of the encounter. Responses may
include: Altered headings; increased swimming rates; increased
vigilance; changes in dive, surfacing, respiration, feeding, and
vocalization patterns; and hormonal stress production (i.e., see
Richardson et al. 1995; Southall et al. 2007; Ellison et al. 2011).
Pacific walruses use the project area for feeding, resting, and
migrating, and for in-season travel, and are most likely to be exposed
to the proposed activities while travelling or feeding in areas away
from the coast. They are most likely to respond by retreating from
cable-laying activities.
The proposed cable route is outside of the HSWUA, which will limit
the number of walruses exposed to the project activities, but some
Pacific walruses may be foraging outside the HSWUA and could be
displaced while using these peripheral feeding areas. Pacific walruses
that are displaced while foraging in peripheral feeding areas or while
traveling between Hanna Shoal and coastal haulouts are likely to expend
some additional energy avoiding the project activities. Effects of
displacement within foraging areas and from travel routes will depend
on the ability of the affected animals to reach and use alternate
areas. There are no anticipated events or activities that will restrict
availability of or access to other suitable foraging habitat or
alternate travel routes during this project.
Pacific walruses may cross paths with cable-laying and support
vessels while migrating or traveling to foraging or resting areas. The
reaction of Pacific walruses to vessel traffic is dependent upon vessel
type, distance, speed, and an animal's previous exposure to
disturbances. For example, low-frequency diesel engines have been
observed to cause fewer disturbances than high-frequency outboard
engines (Fay et al. 1984). Pacific walruses may respond to at-sea
cable-laying work by exhibiting brief startling reactions or by
temporarily vacating the area. There is
[[Page 40909]]
no long-term biologically significant impact to Pacific walruses
expected from the proposed cable-laying activity.
The Chukchi Sea contains important food resources. Trenching for
cable burial will impact benthic and epibenthic invertebrates by: (1)
Crushing with the plough blade, plough skid, or ROV track; (2)
dislodgement onto the surface where they may die; and (3) the
settlement of suspended sediment away from the trench where it may clog
gills or feeding structures of sessile invertebrates or smother
sensitive species (BERR 2008). Recolonization of benthic communities in
northern latitudes is slow and may take 10 years or more (Conlan and
Kvitek 2005; Beuchel and Gulliksen 2008). Seafloor trenching will leave
a lasting impact on the seafloor within the cable corridor, but will
have only a minor effect on the benthic community in a local area.
Linear trenching of this scale will affect approximately 0.3 percent of
each square km intersected by the cable route. This is an insignificant
portion of the total seafloor available for Pacific walrus foraging.
Further, none of the activity will occur in the HSWUA. The overall
effects of cable laying on food resources will be inconsequential to
Pacific walruses.
Disturbance that occurs while Pacific walruses are resting at a
haulout may have the greatest potential for harmful impacts.
Disturbance events in the Chukchi Sea have been known to cause groups
to abandon land or ice haulouts and occasionally result in trampling
injuries or cow-calf separations, both of which are potentially fatal
(USFWS 2015a). Anecdotal observations by Pacific walrus hunters and
researchers also suggest that males tend to be more tolerant of
disturbances than females (Fay et al. 1984). Females with dependent
calves are considered least tolerant of disturbance and most likely to
flee a haulout. Calves and young animals at terrestrial haulouts are
particularly vulnerable to trampling injuries. The risk of stampede-
related injuries increases with the number of animals at a haulout.
Quintillion's activities are planned to avoid disturbance of
haulouts. Pacific walrus densities in the Chukchi Sea are highest along
the edge of the pack ice, and the proposed activities are scheduled to
avoid pack ice. The probability of encountering haulouts in pack ice
is, therefore, low. Operations may encounter aggregations of Pacific
walruses hauled out onto sparse patches of ice or when cable branches
are installed at beach landings. Cable end branches will be placed
perpendicular to the coastline and adjacent to the respective village
to minimize nearshore activities. Landing locations were selected with
input from local residents to avoid areas where haulouts may occur. No
nearshore work will be done near Point Lay, where large haulouts are
likely.
Oil/Fuel Spills
Potential spills could involve fuel, oil, lubricants, solvents, and
other substances used aboard the cable ships or support vessels. An oil
spill or unpermitted discharge is an illegal act; IHAs do not authorize
takes of marine mammals caused by illegal or unpermitted activities. If
a spill did occur, the most likely impact upon Pacific walruses would
be exposure to spilled oil, which may cause injury, illness, or
possibly death depending on degree and duration of exposure and the
characteristics of the spilled substance. A large spill could result in
a range of impacts from reduced food availability to chronic ingestion
of contaminated food. Spill response activities, especially use of
dispersants, may increase the cumulative impact of a spill on Pacific
walrus habitat by making oil more bioavailable for uptake by filter
feeders and benthic invertebrates (e.g., Epstein et al. 2000; Hansen et
al. 2012). However, the overall effect on the environment of spill
response activities given a spill are expected to be lower than the
level of impact of the spill alone (USFWS 2015b). The effects of a
spill event would depend on the amount, substance, and specific
circumstances of the spill, but small spills, such as could occur in
connection with the activities proposed by Quintillion, are unlikely to
have negative impacts on Pacific walruses.
Estimated Incidental Take of Pacific Walruses by Harassment
The Service anticipates that incidental take of Pacific walruses
may occur during Quintillion's cable-laying project. Noise, vessels,
and human activities could temporarily interrupt feeding, resting, and
movement patterns. The project component most likely to result in take
is cavitation noise produced by the thrusters during dynamic
positioning of the cable-laying vessel. The elevated underwater noise
levels may cause short-term, temporary, nonlethal, but biologically
significant changes in behavior that the Service considers to be Level
B harassment. Other proposed activities, such as the use of an ROV, tug
and barge, dive team, and support vessels are considered to have a
limited potential for disturbance leading to take.
For non-impulse sounds, such as those produced by the dynamic
positioning thrusters during Quintillion's subsea cable-laying
operation, the Service uses the 190-dBrms isopleth to
indicate the onset of Level A harassment. The activities are not
expected to generate noise above 180 dBrms within
frequencies audible to Pacific walruses; therefore, there is no 180-dB
or 190-dB mitigation zone from the proposed activities. No project
activities are expected to result in take by Level A harassment.
Quintillion provided calculations to estimate take by Level B
harassment based on the estimated number of Pacific walruses that may
occur within the 120-dB isopleth produced by the dynamic positioning
thrusters during the proposed cable-laying operation. The Service
generally associates the 160-dB isopleth with Level B harassment. The
estimate of take based on the 120-dB isopleth will account for all
animals exposed to sound levels higher than 120 dB, including those
exposed to 160 dB or greater. The Service evaluated these calculations
to determine whether the necessary MMPA findings could be made per
Quintillion's petition, but we expect Quintillion's calculations to
overestimate the number of Pacific walruses that will be taken.
Quintillion provided a full description of the methodology used to
estimate take by harassment in its IHA petition, which is also provided
in the following paragraphs.
Exposure Estimates and Take Authorization Request
The estimate of the numbers of Pacific walruses that could be taken
by Level B harassment from exposure to thruster noise during cable-
laying operations was determined by multiplying the maximum seasonal
density of Pacific walruses by the total area in the northern Bering,
Chukchi, and southwestern Beaufort Seas (to 153[deg]W) that will be
ensonified by sound levels greater than 120 dBrms. The
acoustic footprint (total ensonified area) was determined by assuming
that dynamic positioning would occur along all trunk and branching
lines within the proposed fiber optic cable network, regardless of the
cable-laying vessel used or activity conducted.
Various acoustic investigations have modeled distances to the 120-
dB isopleth for water depths similar to where Quintillion would be
operating with results ranging between 1.4-3.5 km (Samsung 2009;
Deepwater Wind 2013). However, these ranges were based on conservative
modeling that included
[[Page 40910]]
maximum parameters and worst-case assumptions. Hartin et al. (2011)
measured dynamic positioning noise from the 104-m (341-ft) Drill Ship
Fugro Synergy while operating in the Chukchi Sea. It used 2,500-kW
thrusters (more powerful than those used on the C/S Ile de Brehat) and
produced frequencies of 110-140 Hz. The 90th percentile radius to the
120-dB isopleth was 2.3 km (1.4 mi). Because this radius is a measured
value from the same water body where Quintillion's cable-laying
operation would occur, as opposed to a conservatively modeled value
from the Atlantic Ocean, this value is used in estimating exposures.
The sum total of submerged cable length is 1,904 km (1,183 mi), but
total cable length within Pacific walrus habitat (west of 153[deg] W.)
is 1,691 km (1,051 mi). Assuming that the radius to the 120-dB isopleth
is 2.3 km (1.4 mi), the total ensonified area encompasses an area 1,691
km (1,051 mi) in length and 4.6 km (2.8 mi) in width (4.6 = 2 x 2.3 km)
or 7,780 km\2\ (3,004 mi\2\) total (4.6 x 1,691 [ap] 7,780). The area
of the 120-dB isopleth at any one instant may be up to 16.6 km\2\ (6.2
mi\2\) centered on the cable-laying vessel (radius(r) = 2.3 km; Area =
[pi]r\2\). A total of 49.8 km\2\ (18.6 mi\2\) may be ensonified at one
time if all three cable-laying vessels are in operation in different
locations.
The seasonal distribution of Pacific walruses in the project area
is associated with the distribution and extent of broken pack ice (Fay
et al. 1984; Garlich-Miller et al. 2011; Aerts et al. 2014). During
years of high summer sea-ice cover in the Chukchi Sea, most Pacific
walruses are expected to remain with the ice and feed in areas like
Hanna Shoal. During low-ice years when the edge of the pack ice recedes
north from the Chukchi Sea to the Arctic Basin, where waters are too
deep to forage, Pacific walruses typically leave the ice and haul out
on beaches (such as near Point Lay).
The best available at-sea density estimates come from Aerts et al.
(2014), who conducted shipboard surveys for marine mammals in the
Chukchi Sea in 2008-2013. Their highest recorded summer densities were
in the low-ice years of 2009 (0.040 walrus/km\2\) and 2013 (0.041
walrus/km\2\). During the heavy-ice years of 2008 and 2012, densities
were 0.001 and 0.006 walrus/km\2\, respectively. Given the continuing
trend for light summer ice conditions, it is assumed that 2016 will be
similar to 2013. Therefore, the 2013 density estimate of 0.041 walrus/
km\2\ is used in the exposure estimates.
The number of Pacific walruses potentially exposed to harassment by
the Quintillion cable project was estimated by multiplying the seasonal
density (0.041 walrus/km\2\) by the total area (7,780 km\2\) that would
be ensonified by thruster noise greater than 120 dBrms. This
resulted in an estimate of 319 Pacific walruses (0.041 x 7,780 [ap]
319). While this number was generated using a conservative density
value from low-ice years, it does not take into account the potential
for encounters with large groups of Pacific walruses moving between
Hanna Shoal and Point Lay, or near the Wainwright and Barrow shore
landings. During marine mammal observations made for offshore oil and
gas activities in the Chukchi Sea in 2015, PSOs recorded 500 sightings
of 1,397 individual Pacific walruses (Ireland and Bisson 2016). The
average number of walruses per observation was only 1.5, but on several
occasions, groups of more than 100 animals were observed. The maximum
group size was 243 animals. Taking into consideration the possibility
that any encounter might include large groups, Quintillion estimated
that up to 500 Pacific walruses may be taken as a result of all
activities.
This level of take by harassment is small relative to the most
recent stock abundance estimate for the Pacific walrus. A take level of
500 represents only 0.39 percent of the best available estimate of the
current population size of 129,000 animals (Speckman et al. 2011) (500/
129,000 [ap] 0.0039).
Potential Impacts on the Stock of Pacific Walrus
Although 500 Pacific walruses (~0.39 percent of the population) are
estimated to be potentially taken (i.e., potentially disturbed) by
Level B harassment by means of exposure to sound levels of 160-190 dB,
the expected take is unlikely to have consequences for the health,
reproduction, or survival of affected animals. The major source of
disturbance is likely to be production of sound by propeller cavitation
during dynamic positioning by the cable-laying vessels. Sound
production is not expected to reach levels capable of causing harm.
Additionally, animals in the area are not expected to incur hearing
impairment (TTS or PTS) or non-auditory physiological effects. Level A
harassment (harassment that has the potential to injure Pacific
walruses) is not authorized. Pacific walruses exposed to sound produced
by the project are likely response to proposed activities with
temporary behavioral modification or displacement. With the adoption of
the mitigation measures required by this proposed IHA, the Service
concludes that the only anticipated effects from noise generated by the
proposed action would be short-term behavioral alterations of small
numbers of Pacific walruses.
Vessel-based activities could temporarily interrupt the feeding,
resting, and movement of Pacific walruses. Because offshore activities
are expected to move through the Chukchi Sea, impacts associated with
cable laying are likely to be temporary and localized. The anticipated
effects include short-term behavioral reactions and displacement of
small numbers of Pacific walruses in the vicinity of active operations.
Areas affected by the proposed action will be small compared to the
regular movement patterns of the population indicating that animals
will be capable of retreating from or avoiding the affected areas.
Animals that encounter the proposed activities may exert more energy
than they would otherwise due to temporary cessation of feeding,
increased vigilance, and retreat from the project area, but would be
expected to tolerate this without measurable effects on health or
reproduction. Adoption of the measures specified in Mitigation and
Monitoring are expected to reduce the intensity of disturbance events
and minimize the potential for injuries to animals.
In sum, no injuries or mortalities are anticipated to occur as a
result of Quintillion's subsea cable-laying operation, and none will be
authorized. The takes that are anticipated and would be authorized are
expected to be limited to short-term Level B harassment in the form of
brief startling reactions or temporary displacement. No long-term
biologically significant impacts to Pacific walruses are expected.
Potential Impacts on Subsistence Uses
The MMPA allows Alaska Natives to harvest Pacific walruses for
subsistence purposes or for the purposes of creating authentic Native
articles of handicraft and clothing, provided this is accomplished in a
non-wasteful manner. The proposed cable-laying activities will occur
within the marine subsistence areas used by Alaska Natives from the
villages of Nome, Wales, Diomede, Kotzebue, Kivalina, Point Hope, Point
Lay, Wainwright, Barrow, and Nuiqsut, all of which annually hunt
Pacific walruses, except Nuiqsut. Between 2006 and 2015, approximately
1,080 Pacific walruses were harvested annually in Alaska (USFWS
unpublished data). The years 2013-2015 were low harvest years; annual
harvest from 2006-2012 was 1,308 per year. These estimates are of
[[Page 40911]]
reported harvest only and have not been corrected for struck and lost
animals or underreporting. Most of the harvest (87 percent) was taken
by the villages of Gambell and Savoonga on St. Lawrence Island, located
135 km (84 mi) south of the geographic region of the Quintillion cable
project.
The villages within the project area harvested an average of 81
Pacific walruses per year from 2006-2015. The small village of Diomede
(population of ~115) harvested 26 percent of these (~21 per year).
Diomede is located on Little Diomede Island in the center of the Bering
Strait. Twice a year the vanguard of the walrus population passes
through the Strait when migrating between wintering and summering
grounds providing harvest opportunities for Diomede hunters. Pacific
walruses will also occasionally haul out on Little Diomede Island
during the summer and fall (Garlich-Miller and Burn 1999).
Relative to the village population size (556), Pacific walruses are
also an important staple for Wainwright inhabitants. From 2006-2015,
approximately 26 Pacific walruses were taken annually. Wainright also
harvests beluga and bowhead whales. The small village of Wales
(population ~145), located on the eastern edge of the Bering Strait,
harvested an average of six Pacific walruses each year (USFWS
unpublished data). Nome also harvested six Pacific walruses per year,
and Barrow harvested 14 per year from 2006-2015. Nome and Barrow both
have populations of approximately 4,000 people, and Pacific walrus is
not as important in the subsistence diet as other resources.
Kotzebue, Kivalina, Point Hope, and Point Lay each harvested fewer
than five Pacific walruses annually from 2006-2015, suggesting harvest
of this species in these villages is more opportunistic than focused.
The communities of Savoonga, Brevig Mission, Chefornak, Elim, Gambell,
Hooper Bay, King Island, Kipnuk, Shaktoolik, Shishmaref, Teller,
Togiak, and Toksook Bay all harvested one or more per year on average
from 2006-2015, but are outside of the geographic region of the
proposed action.
There are only a few locations where the proposed project area
could overlap with local subsistence harvest areas. These include the
portion of the route passing between the villages of Diomede and Wales,
and the branching line into Wainwright. The proposed route is expected
to pass about 25 km (16 mi) east of Little Diomede Island. Presence of
ice is needed for any spring Pacific walrus hunts from Diomede, and the
Quintillion cable-laying vessel cannot operate in the presence of ice.
Pacific walruses are harvested from Wainwright and Barrow during
July and August from drifting ice floes (Bacon et al. 2009). Most are
killed within 32 km (20 mi) of shore, but some are taken by both
villages as far as 64 km (40 mi) offshore (SRB&A 2012). The Quintillion
cable route will pass within 30 km (19 mi) of both villages, and the
branching lines will go directly to both Wainwright and Barrow.
However, given the hazard ice floes pose to the cable-laying project,
Quintillion will not be operating within either village's subsistence
hunt area when seasonal sea ice is present. Thus, the cable-laying
project is not expected to affect the annual Pacific walrus hunts by
either Wainwright or Barrow. For the remaining villages, the annual
harvest is relatively low and generally occurs when ice is present, or
occurs well away from the proposed cable route (in the case of Point
Lay, the route will run well offshore of the village).
Based on the proposed cable-laying timetable relative to the
seasonal timing of the various village harvest periods, an overlap in
cable laying and Pacific walrus hunting is not expected. However,
Quintillion will continue to work closely with the Eskimo Walrus
Commission (EWC) and the affected villages to minimize any effects
cable-laying activities might have on subsistence harvest, including
scheduling the laying of branching lines to avoid periods when Pacific
walruses are present.
Mitigation and Monitoring
In order to issue an incidental take authorization under section
101(a)(5)(D) of the MMPA, the Service must, where applicable, set forth
the permissible methods of take and other means of effecting the least
practicable impact on the Pacific walrus and its habitat, and on the
availability of the species or stock for subsistence uses. Particular
attention must be paid to habitat areas of importance, including
haulouts and feeding areas. The Service evaluated the project, its
potential impacts, and the range of avoidance, mitigation, and
minimization measures that could be applied. Monitoring and mitigation
measures were developed that will minimize the potential impacts and
ensure the least practicable impact to Pacific walruses. As part of
these mitigation measures, Quintillion will communicate closely with
the EWC and the villages to ensure subsistence harvest is not
disrupted. A Plan of Cooperation (POC) has been developed and will be
implemented to structure and facilitate coordination with subsistence
users. Work will be scheduled to minimize activities in hunting areas
during subsistence harvest periods. Quintillion has also developed a
Marine Mammal Monitoring and Mitigation Plan (4MP). Habitat areas where
Pacific walruses engage in particularly sensitive activities (such as
feeding or resting at haulouts) will be avoided. Adaptive measures,
such as temporal or spatial limitations, will be applied in response to
the presence of Pacific walruses. These documents will be available for
public review as specified in ADDRESSES.
Avoidance
For the proposed Quintillion subsea cable-laying operations in the
Bering, Chukchi, and Beaufort Seas and coastal lands of Alaska, the
primary means of minimizing potential consequences for Pacific walrus
and subsistence users is routing the cable to avoid concentration areas
and important prey habitat. Most of the main trunk line will be laid
30-150 km (19-93 mi) offshore, thereby avoiding nearshore Pacific
walrus concentrations and terrestrial haulouts. Where cable end
branches will come ashore, landings will be conducted at right angles
to the coastline and immediately adjacent to the respective village
(except at Oliktok Point where no village exists) to minimize nearshore
activities and avoid areas where haulouts may occur. No work will be
done near Point Lay, where large haulouts are likely, or near Hanna
Shoal, where feeding aggregations may occur. Cable-laying activities
will not be performed by multiple vessels simultaneously where doing so
would create overlapping ensonification zones. The proposed action will
not occur north of the Bering Strait until July 1 to allow Pacific
walruses the opportunity to disperse from the confines of the spring
lead system and to minimize interactions with subsistence hunters.
Quintillion's operations must avoid sea ice for safety reasons. In
doing so, Quintillion will avoid ice habitat used by Pacific walruses.
The cable-laying operation will occur at a slow speed of 600 m/hr (0.37
mph), and it is, therefore, highly unlikely that cable-laying
activities could cause injury. Collisions between vessels and marine
mammals are rare, and when they do occur, they usually involve fast-
moving vessels.
Vessel-Based Protected Species Observers (PSOs)
Measures included in the proposed IHA to monitor and reduce the
[[Page 40912]]
frequency and severity of behavioral responses to the activities will
include visual observation by vessel-based PSOs, acoustic monitoring,
and adaptive measures in response to observations. The primary purpose
of these mitigation measures is to detect marine mammals and avoid
vessel interactions during the pre- and post-cable-laying activities.
Due to the nature of the activities, the vessel will not be able to
shut down or change speed or direction during cable-laying operations.
Quintillion has proposed to employ PSOs during cable-laying
operations to monitor zones of ensonification where the received sound
level is 120 dB or greater. Observers will conduct vessel-based
monitoring for Pacific walruses during all daylight periods of
operation throughout the cable-laying operation. The duties of PSOs
will include: Watching for marine mammals and identifying Pacific
walruses; recording their numbers, locations, distances, and reactions
to the survey operations; and documenting take by harassment. A
sufficient number of trained PSOs will be required onboard each survey
vessel to achieve 100 percent monitoring coverage during all periods of
cable-laying operations in daylight with a maximum of 4 consecutive
hours on watch and a maximum of 12 hours of watch time per day, per
PSO. Nighttime observations will be made opportunistically using night-
vision equipment.
Each vessel will have an experienced field crew leader to supervise
the PSO team and will contain individuals with prior experience as
marine mammal monitoring observers, including experience specific to
Pacific walrus observations. New or inexperienced PSOs would be paired
with an experienced PSO so that the quality of marine mammal
observations and data recording is kept consistent. Resumes for
candidate PSOs will be made available for the Service to review. All
observers will have completed a training course designed to familiarize
individuals with monitoring and data collection procedures. The PSOs
shall be provided with Fujinon 7 x 50 or equivalent binoculars. Laser
range finders (Leica LRF 1200 or equivalent) will be available to
assist with distance estimation.
All location, weather, and marine mammal observation data will be
recorded onto a standard field form or database. Global positioning
system and weather data will be collected at the beginning and end of a
monitoring period and at every half-hour in between. Position data will
also be recorded at the change of an observer or the sighting of a
Pacific walrus. Enough position data will be collected to map an
accurate charting of vessel travel. Observations of Pacific walruses
will also include group size and composition (adults/juveniles),
behavior, distance from vessel, presence in any applicable
ensonification zone, and any apparent reactions to the project
activities. Data forms or database entries will be made available to
the Service upon request.
Acoustic Monitoring
Quintillion plans to conduct sound source verification and
contribute to passive acoustic monitoring efforts. Acoustic injury to
Pacific walruses can occur if received noise levels exceed 190 dB. The
cable-laying activities are not expected to produce noise levels
capable of acoustic injury, and Quintillion is not requesting
authorization of take by Level A harassment. Therefore, no shutdown
zones will be necessary for this activity. However, Level B take may
occur due to exposure to sound at greater than 160-dB levels. For this
reason, observers must monitor the 160-B ensonification zone for the
presence of Pacific walruses. Quintillion has committed to monitoring
the 120-dB zone for marine mammals. The 160-dB zone is well within the
120-dB zone and, therefore, will be included in the monitoring area.
Sound source verification will be conducted during early-season
operation of one cable-lay ship and anchor-handling tug. Results will
be used to calibrate the 120-dB and 160-dB ensonification zones. If
sound source verification indicates that sound levels produced during
operations will be higher than expected (greater than 190
dBrms at frequencies less than 40 kHz), Quintillion will
coordinate with the Service to evaluate additional mitigation options.
Passive acoustic monitoring will be conducted by the 2016 joint
Arctic Whale Ecology Study (ARCWEST)/Chukchi Acoustics, Oceanography,
and Zooplankton Study Extension (CHAOZ-X) with support from
Quintillion. The current mooring locations for the passive acoustic
monitoring portion of the joint program align closely with the proposed
Quintillion cable-lay route. Acoustic data from these locations in 2016
will provide information on the distribution and composition of the
marine mammal community and the acoustic effects of the cable-lay
activity on the local environment where the route passes close to these
stations.
Adaptive Measures
When the cable ships are traveling in Alaskan waters to and from
the project area (before and after completion of cable laying), and
during all travel by support vessels, operators will implement the
following measures:
Avoid potential interaction with any and all Pacific
walruses by taking reasonable precautions such as changing speed or
course when Pacific walruses are observed within 805 km (0.5 mi).
Changes in speed or course will be achieved gradually to avoid abrupt
maneuvers whenever possible.
Do not approach Pacific walruses within 805 km (0.5 mi).
Reduce speed to less than 2.6 meters per second (m/s) (5
kn) when visibility drops (such as during inclement weather, rough
seas, or at night) to avoid the likelihood of collision with Pacific
walruses. During cable laying, the normal vessel travel speed is less
than 2.6 m/s (5 kn).
Vessels may not be operated in such a way as to separate
members of a group of Pacific walruses from other members of the group.
Activities are not planned near known haulouts, but if
Pacific walruses are observed on land, vessels will maintain a 1.6 km
(1 mi) separation distance.
Any behavioral response indicating more than Level B take
of a Pacific walrus due to project activities shall be reported to the
Service within 48 hours, including separation of mother from young,
stampeding haulouts, injured animals, and animals in acute distress.
Measures To Reduce Impacts to Subsistence Users
The Service requires holders of an IHA to cooperate with the
Service and other designated Federal, State, and local agencies to
monitor the impacts of proposed activities on marine mammals and
subsistence users. Quintillion has coordinated with the Service, NOAA--
Fisheries, and the Army Corps of Engineers, along with communities and
subsistence harvest organizations. Specifically, Quintillion has
coordinated with EWC, Barrow Whaling Captains Association members and
board, the Community of Wainwright, Wainwright Whaling Captains, Point
Hope Community, Tikigaq Whaling Captains, the Northwest Arctic Borough,
Kotzebue City Management, the Community of Kotzebue, Maniilaq
Association, Kawerak Inc., the Nome Community, and Kuukpik Corporation.
Communications will continue throughout the project and may include
public service announcements on KBRW and KOTZ radio stations, messaging
on the Alaska Rural Communications Service television network,
newsletters, and 1-800
[[Page 40913]]
comment lines. At the end of the cable installation process,
Quintillion will conduct community meetings at the affected landing
villages identified in this document to discuss and summarize project
completion. In coordination with these agencies and organizations,
Quintillion has agreed to the following actions to minimize effects on
subsistence harvest by Alaska Native communities:
Plan routes in offshore waters away from nearshore
subsistence harvest areas.
Schedule operations to avoid conflict with subsistence
harvest.
Develop and implement a POC to coordinate communication.
Participate in the Automatic Identification System for
vessel tracking to allow the cable-laying fleet to be located in real
time.
Distribute a daily report by email to all interested
parties. Daily reports will include vessel activity, location,
subsistence/local information, and any potential hazards.
Reporting Requirements
Holders of an IHA must keep the Service informed of the impacts of
authorized activities on Pacific walruses by: (1) Notifying the Service
at least 48 hours prior to commencement of activities; (2) immediately
reporting any occurrence of injury or mortality due to project
activities; (3) submitting project reports; and (4) notifying the
Service upon project completion or at the end of the work season.
Weekly reports will be submitted to the Service each Thursday
during the weeks that cable-laying activities take place. The reports
will summarize project activities, monitoring efforts conducted by
PSOs, results of sound source verification, Pacific walruses detected,
the number of Pacific walruses exposed to sound levels greater than 160
dB, and any behavioral reactions to project activities.
A technical report will be submitted to the Service within 90 days
after the end of the project or the end of the open-water season,
whichever comes first. The report will describe all monitoring
activities conducted during cable-laying activity and provide results.
The report will include the following:
Summary of monitoring effort (total hours of monitoring,
activities monitored, number of PSOs).
Summary of project activities completed and additional
work yet to be done.
Analyses of the factors influencing visibility and
detectability of marine mammals (e.g., sea state, number of observers,
and fog/glare).
Discussion of location, weather, ice cover, sea state, and
other factors affecting the presence and distribution of Pacific
walruses.
Number, location, distance/direction from the vessel, and
initial behavior of any sighted Pacific walruses upon detection.
Dates, times, locations, heading, speed, weather, and sea
conditions (including sea state and wind force), as well as description
of the specific cable-laying activity occurring at the time of the
Pacific walrus observation.
Estimated distance from the animal or group at closest
approach and at the end of the encounter.
An estimate of the number of Pacific walruses that have
been exposed to the thruster noise (based on visual observation) at
received levels greater than or equal to 120 dBrms and 160
dBrms with a description of the responses (changes in
behavior).
Estimates of uncertainty in all take estimates, with
uncertainty expressed by the presentation of confidence limits, a
minimum-maximum, posterior probability distribution, or another
applicable method, with the exact approach to be selected based on the
sampling method and data available.
A description of the mitigation measures implemented
during project activities and their effectiveness for minimizing the
effects of the proposed action on Pacific walruses.
An analysis of the effects of survey operations on Pacific
walruses.
Occurrence, distribution, and composition of Pacific
walrus sightings, including date, water depth, numbers, age/size/gender
categories (if determinable), group sizes, visibility, location of the
vessel, and location of the animal (or distance and direction to the
animal from the vessel) in the form of electronic database or
spreadsheet files.
A discussion of any specific Pacific walrus behaviors of
interest.
Notification of Injured or Dead Marine Mammals
In the unexpected event that the specified activity causes the take
of a Pacific walrus in a manner not authorized by the IHA such as an
injury or mortality (e.g., ship-strike), Quintillion must report the
incident to the Service within 24 hours. The report will include the
following information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Description of all sound sources used in the 24 hours
preceding the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
cloud cover, and visibility);
Description of all Pacific walrus observations in the 24
hours preceding the incident;
Description of the animal(s) involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
In the event that Quintillion discovers an injured or dead Pacific
walrus, and the lead PSO determines that the injury or death is not
associated with or related to the activities authorized in the IHA
(e.g., previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), Quintillion must report the
incident to the Service within 48 hours of the discovery. Quintillion
will provide photographs or video footage (if available) or other
documentation to the Service.
Mitigation Conclusions
The Service has carefully evaluated Quintillion's proposed
mitigation measures and considered a range of other measures of
ensuring that the cable project will have the least practicable impact
on Pacific walruses and their habitat. Our evaluation considered the
following: (1) The manner in which, and the degree to which, the
successful implementation of the measures are expected to minimize
adverse impacts to Pacific walruses; (2) the proven or likely efficacy
of the measures to minimize adverse impacts as planned; and (3) the
practicability of the measures for applicant implementation.
The expected effects of the prescribed mitigation measures are as
follows:
Avoidance of injury or death of Pacific walruses.
Reduction in the numbers of Pacific walruses exposed to
activities expected to result in the take of marine mammals.
Reduction in the number of times individuals would be
exposed to project activities.
A reduction in the intensity of exposures to activities
expected to result in the take of Pacific walruses.
Avoidance or minimization of adverse effects to Pacific
walrus habitat, especially haulout areas, sea ice, and foraging areas.
An increase in the probability of detecting Pacific
walruses through vessel-based monitoring, allowing for
[[Page 40914]]
more effective implementation of mitigation measures.
Reduction in the likelihood of affecting Pacific walruses
in a manner that would alter their availability for subsistence uses.
Based on our evaluation of the proposed mitigation measures, the
Service has preliminarily determined that these measures provide the
means of effecting the least practicable impact on Pacific walruses and
their habitat, including feeding areas and haulouts. These measures
will also minimize any effects the project will have on the
availability of the species or stock for subsistence uses.
Findings
Small Numbers
For small take analyses, the statute and legislative history do not
expressly require a specific type of numerical analysis, leaving the
determination of ``small'' to the agency's discretion. In this case, we
propose a finding that the Quintillion project will affect up to 500
Pacific walruses, and that this constitutes a small number of animals.
Factors considered in our small numbers determination include the
number of Pacific walruses in the affected area, the size of the
affected area relative to available habitat, and the expected efficacy
of mitigation measures.
First, the number of Pacific walruses inhabiting the proposed
impact area is small relative to the size of the Pacific walrus
population. The potential exposures for the 2016 cable-laying period,
based on estimated density plus an additional allowance for the clumped
distribution of Pacific walruses, is approximately 500 animals. This is
about 0.39 percent of the population size of 129,000 estimated by
Speckman et al. (2011).
Second, the area where the proposed activities would occur is a
relatively small fraction of the available habitat of the Pacific
walrus. Cable-laying activities will have temporary impacts to Pacific
walrus habitat along a 1,691-km (1,051-mi) linear corridor of marine
waters and coastal land of Alaska. Sound levels greater than 120
dBrms may be produced by propeller cavitation in an area of
up to 16.6 km\2\ (6.2 mi\2\) centered on each cable ship. Up to three
ships may operate in different locations at one time, resulting in a
combined area of ensonification up to 49.8 km\2\ (18.6 mi\2\).
Trenching of the seafloor may disturb the benthos along the cable
route, affecting a total area of approximately 6 km\2\ (2.3 mi\2\).
These impacts will be temporary and localized, and will not impede the
use of an area after the project activities in that area are complete.
Third, monitoring requirements and mitigation measures are expected
to limit the number of incidental takes. The cable route will avoid sea
ice, terrestrial haulouts, and important feeding habitat. Adaptive
mitigation measures will be applied by the support fleet and when cable
ships are in transit. These measures will include changes in speed or
course when Pacific walruses could come within 805 m (0.5 mi), and are
expected to help prevent take by Level A harassment and to minimize
take by Level B harassment. Activities will be monitored by PSOs, and
unexpected impacts and will be reported to the Service. No take by
injury or death is anticipated or authorized. Monitoring and reporting
will allow the Service to reanalyze and refine future take estimates
and mitigation measures as activities continue in Pacific walrus
habitat in the future. Should the Service determine, based on
monitoring and reporting, that the effects are greater than anticipated
the authorization may be modified, suspended, or revoked.
For these reasons, we propose a finding that the Quintillion
project will involve takes by Level B harassment of only a small number
of animals.
Negligible Impact
The Service proposes a finding that any incidental take by
harassment resulting from the proposed Quintillion cable-laying
operation cannot be reasonably expected to, and is not reasonably
likely to, adversely affect the Pacific walrus through effects on
annual rates of recruitment or survival, and would, therefore, have no
more than a negligible impact on the species or stock. In making this
finding, we considered the best available scientific information,
including: (1) The biological and behavioral characteristics of the
species; (2) the most recent information on species distribution and
abundance within the area of the proposed action; (3) the potential
sources of disturbance during the proposed action; and (4) the
potential responses of Pacific walruses to this disturbance. In
addition, we reviewed material supplied by the applicant, other
operators in Alaska, our files and datasets, data acquired from NOAA--
Fisheries, published reference materials, and Pacific walrus experts.
Pacific walruses are likely to respond to proposed activities with
temporary behavioral modification or displacement. These reactions are
unlikely to have consequences for the health, reproduction, or survival
of affected animals. The major source of disturbance is likely to be
production of sound by propeller cavitation during dynamic positioning
by the cable-laying vessels. Sound production is not expected to reach
levels capable of causing harm, and Level A harassment (harassment that
has the potential to injure Pacific walruses) is not authorized. Sound
source verification will be conducted to ensure that this assessment is
accurate.
Responses of Pacific walruses to disturbance would most likely
include diving or swimming away from the sound source, which may cause
temporary interruption of foraging, resting, or other natural
behaviors. Affected animals are expected to resume normal behaviors
soon after exposure, with no lasting consequences. Thus, although 500
Pacific walruses (~0.39 percent of the population) are estimated to be
potentially taken (i.e., potentially disturbed) by Level B harassment
from exposure to sound levels of 160-190 dB, we do not expect this type
of harassment to affect annual rates of recruitment or survival or
result in adverse effects on the species or stock.
Our proposed finding of negligible impact applies to incidental
take associated with the proposed activities as mitigated by the
avoidance and minimization measures. These mitigation measures are
designed to minimize interactions with and impacts to Pacific walruses.
These measures, and the monitoring and reporting requirements, are
required for the validity of our finding and are a necessary component
of the IHA.
For these reasons, we propose a finding that the Quintillion
project will have a negligible impact on Pacific walruses.
Impact on Subsistence
We propose a finding that the anticipated harassment caused by the
proposed activities would not have an unmitigable adverse impact on the
availability of Pacific walruses for taking for subsistence uses. In
making this finding, we considered the timing and location of the
proposed activities and the timing and location of subsistence harvest
activities and patterns, as reported through the Service's Marking,
Tagging, and Reporting Program in the area of the proposed action. We
also considered the applicant's consultation with potentially affected
subsistence communities and proposed measures for avoiding impacts to
subsistence harvest.
[[Page 40915]]
Required Determinations
National Environmental Policy Act (NEPA)
We have prepared a draft Environmental Assessment (EA) (see
ADDRESSES) in accordance with the NEPA (42 U.S.C. 4321 et seq.). We
have preliminarily concluded that approval and issuance of an
authorization for the nonlethal, incidental, unintentional take by
Level B harassment of small numbers of Pacific walruses in Alaska
during cable-laying activities conducted by Quintillion would not
significantly affect the quality of the human environment, and that the
preparation of an environmental impact statement for these actions is
not required by section 102(2) of NEPA or its implementing regulations.
Endangered Species Act
Under the Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.) all Federal agencies are required to ensure the actions
they authorize are not likely to jeopardize the continued existence of
any threatened or endangered species or result in destruction or
adverse modification of critical habitat. The range-wide status of
Pacific walruses was reviewed in response to a 2008 petition to list
this species. On February 10, 2011 (76 FR 7634), the listing of
walruses was found to be warranted, but precluded due to higher
priority listing actions (i.e., walrus is a candidate species).
Consistent with established agency policy, the Service's Ecological
Service program will evaluate whether the effects of the proposed
activities will jeopardize the continued existence of the Pacific
walrus prior to issuance of an IHA. Our evaluation and finding will be
made available on the Service's Web site at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
Government-to-Government Relations With Native American Tribal
Governments
In accordance with the President's memorandum of April 29, 1994,
``Government to Government Relations with Native American Tribal
Governments'' (59 FR 22951), Executive Order 13175, Department of the
Interior Secretarial Order 3225 of January 19, 2001 (Endangered Species
Act and Subsistence Uses in Alaska (Supplement to Secretarial Order
3206)), Department of the Interior Secretarial Order 3317 of December
1, 2011 (Tribal Consultation and Policy), Department of the Interior
Memorandum of January 18, 2001 (Alaska Government-to-Government
Policy), the Department of the Interior's manual at 512 DM 2, and the
Native American Policy of the U.S. Fish and Wildlife Service, dated
January 20, 2016, we acknowledge our responsibility to communicate and
work directly on a Government-to-Government basis with federally
recognized Alaska Natives Tribes in developing programs for healthy
ecosystems, to seek their full and meaningful participation in
evaluating and addressing conservation concerns for listed species, to
remain sensitive to Alaska Native culture, and to make information
available to Alaska Natives.
Furthermore, and in accordance with Department of the Interior
Policy on Consultation with Alaska Native Claims Settlement Act of 1971
(ANCSA) Corporations, dated August 10, 2012, we likewise acknowledge
our responsibility to communicate and work directly with ANCSA
Corporations in evaluating and addressing conservation concerns for
listed species, to remain sensitive to Alaska Native culture, and to
make information available to ANSCA Corporations.
We have evaluated possible effects of the proposed activities on
federally recognized Alaska Native Tribes. Through the IHA process
identified in the MMPA, the applicant presented a communication
process, culminating in a POC with the Native communities most likely
to be affected, and engaged these communities in numerous informational
meetings.
To facilitate co-management activities, the Service maintains
cooperative agreements with the EWC and the Qayassiq Walrus Commission
(QWC). The cooperative agreements fund a wide variety of management
issues, including co-management operations, biological sampling
programs, harvest monitoring, collection of Native knowledge in
management, international coordination on management issues,
cooperative enforcement of the MMPA, and development of local
conservation plans. To help realize mutual management goals, the
Service, EWC, and QWC hold meetings to discuss future expectations and
outline a shared vision of co-management.
Through various interactions and partnerships, we have determined
that the issuance of this proposed IHA is appropriate. We invite
continued discussion about improving our coordination and information
exchange, including through the IHA/POC process, as may be requested by
Tribes or other Native groups.
Proposed Authorization
The Service proposes to issue an IHA for the nonlethal, incidental,
unintentional take by Level B harassment of small numbers of Pacific
walruses during cable-laying activities in the marine waters of Alaska
and impacted coastal communities, as described in this document and in
the applicant's petition. We neither anticipate nor propose
authorization for intentional take or take by injury or death. The
final IHA would be effective immediately after the date of issuance
through November 15, 2016.
The final IHA would also incorporate the mitigation, monitoring,
and reporting requirements described in this proposal. The applicant
would be expected and required to implement and fully comply with those
requirements. If the nature or level of activity changes or exceeds
that described in this proposal and in the IHA petition, or the nature
or level of take exceeds that projected in this proposal, the Service
will reevaluate its findings. The Secretary may modify, suspend, or
revoke the authorization if the findings are not accurate or the
mitigation, monitoring, and reporting requirements described herein are
not being met.
Dated: June 3, 2016.
Brian S. Glaspell,
Acting Regional Director, Alaska Region.
[FR Doc. 2016-14847 Filed 6-22-16; 8:45 am]
BILLING CODE 4333-15-P