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AGENCY:
National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce.
ACTION:
Notice; issuance of an incidental harassment authorization.
SUMMARY:
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to the Office of Naval Research (ONR) to incidentally harass marine mammals during Arctic Research Activities (ARA) in the Beaufort Sea and eastern Chukchi Sea. The ONR's activities are considered military readiness activities pursuant to the MMPA, as amended by the National Defense Authorization Act for Fiscal Year 2004 (2004 NDAA).
DATES:
This authorization is effective from September 14, 2024, through September 13, 2025.
ADDRESSES:
Electronic copies of the application and supporting documents, as well as a list of the references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-military-readiness-activities. In case of problems accessing these documents, please call the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Alyssa Clevenstine, Office of Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the “take” of marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as delegated to NMFS) to allow, upon request, the incidental, but not intentional, taking of small numbers of marine mammals by U.S. citizens who engage in a specified activity (other than commercial fishing) within a specified geographical region if certain findings are made and either regulations are proposed or, if the taking is limited to harassment, a notice of a proposed IHA is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds that the taking will have a negligible impact on the species or stock(s) and will not have an unmitigable adverse impact on the availability of the species or stock(s) for taking for subsistence uses (where relevant). Further, NMFS must prescribe the permissible methods of taking and other “means of effecting the least practicable adverse impact” on the affected species or stocks and their habitat, paying particular attention to rookeries, mating grounds, and areas of similar significance, and on the availability of the species or stocks for taking for certain subsistence uses (referred to in shorthand as “mitigation”); and requirements pertaining to the monitoring and reporting of the takings. The definitions of all applicable MMPA statutory terms cited above are included in the relevant sections below.
The 2004 NDAA (Pub. L. 108-136) removed the “small numbers” and “specified geographical region” limitations indicated above and amended the definition of “harassment” as applied to a “military readiness activity.” The activity for which incidental take of marine mammals is being requested qualifies as a military readiness activity.
Summary of Request
On March 29, 2024, NMFS received a request from the ONR for an IHA to take marine mammals incidental to ARA in the Beaufort and Chukchi Seas. Following NMFS' review of the application, the ONR submitted a revised version on July 23, 2024. The application was deemed adequate and complete on August 5, 2024. The ONR's request is for take of beluga whales and ringed seals by Level B harassment only. Neither the ONR nor NMFS expect serious injury or mortality to result from this activity and, therefore, an IHA is appropriate.
This IHA will cover the seventh year of a larger project for which ONR obtained prior IHAs and renewal IHAs (83 FR 48799, September 27, 2018; 84 FR 50007, September 24, 2019; 85 FR 53333, August 28, 2020; 86 FR 54931, October 5, 2021; 87 FR 57458, September 20, 2022; 88 FR 65657, September 18, 2023). ONR has complied with all the requirements ( e.g., mitigation, monitoring, and reporting) of the previous IHAs. There are no changes from the proposed IHA to the final IHA.
Description of the Specified Activity
Overview
The ONR plans to conduct scientific experiments in support of ARA using active acoustic sources within the Beaufort and Chukchi Seas. Project activities involve acoustic testing and a multi-frequency navigation system concept test using left-behind active acoustic sources. The planned experiments involve the deployment of moored, drifting, and ice-tethered active acoustic sources from the Research Vessel (R/V) Sikuliaq. Recovery of equipment may be from R/V Sikuliaq, U.S. Coast Guard Cutter (CGC) HEALY, or another vessel, and icebreaking may be required. Underwater sound from the active acoustic sources and noise from icebreaking may result in Level B harassment of marine mammals.
Dates and Duration
The planned action will occur from September 2024 through September 2025 and include up to two research cruises. Acoustic testing will take place during the cruises, with the first cruise beginning September 2024, and a potential second cruise occurring in summer or fall 2025, which may include up to 8 days of icebreaking activities.
Geographic Region
The planned action will occur across the U.S. Exclusive Economic Zone (EEZ) in the Beaufort and Chukchi Seas, partially in the high seas north of Alaska, the Global Commons, and within a part of the Canadian EEZ (in which the appropriate permits will be obtained by the Navy) (figure 1). The planned action will primarily occur in the Beaufort Sea but the analysis considers the drifting of active sources on buoys into the eastern portion of the Chukchi Sea. The closest point of the study area to the Alaska coast is 204 kilometers (km; 110 nautical miles (nmi)). The study area is approximately 639,267 square kilometers (km2 ).
Detailed Description of the Specified Activity
A detailed description of the planned ARA is provided in the Federal Register notice for the proposed IHA (89 FR 66068, August 14, 2024). Since that time, no changes have been made to the planned activities. Therefore, a detailed description is not provided here. Please refer to that Federal Register notice for the description of the specific activity.
Planned mitigation, monitoring, and reporting measures are described in detail later in this document (please see Mitigation and Monitoring and Reporting).
Comments and Responses
A notice of NMFS' proposal to issue an IHA to ONR was published in the Federal Register on August 14, 2024 (89 FR 66068). That notice described, in detail, ONR's activity, the marine mammal species that may be affected by the activity, and the anticipated effects on marine mammals. In that notice, we requested public input on the request for authorization described therein, our analyses, the proposed authorization, and any other aspect of the notice of proposed IHA, and requested that interested persons submit relevant information, suggestions, and comments. This proposed notice was available for a 30-day public comment period.
In total, NMFS received two comments from one private citizen and from a state government department (Alaska Department of Fish and Game). One comment was out-of-scope or not applicable to the project and is not described herein or discussed further. We do not specifically address comments expressing general opposition to military readiness activities or respond to comments that are out of scope of the proposed IHA (89 FR 66068, August 14, 2024).
All comments received during the public comment period which contained relevant points were considered by NMFS and are described and responded to below. All relevant comment letters are available on NMFS' website ( https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-researchs-arctic-research-activities-year-7 ).
Comment: A commenter expressed concern that bowhead whales were not included as a potential species in the area and provided a publication by George and Thewissen (2020), specifically referencing a satellite telemetry study where multiple bowhead whales were detected north of 75 degrees N during the months of July, September, and October. The commenter indicated that the mitigation measures in the proposed IHA (89 FR 66068, August 14, 2024) would minimize disturbance to bowhead whales, but that the proposal should have discussed bowhead whales in more detail.
Response: NMFS refers the commenter to the Description of Marine Mammals in the Area of Specified Activities section of the proposed IHA (89 FR 66068, August 14, 2024), which indicates bowhead whales are expected in the ARA Study Area during the planned action and were considered in the applicant's quantitative modeling of potential effects of acoustic sources on marine mammals expected within the study area. The modeling resulted in no calculated exposures for the bowhead whale due to either active acoustic sources or icebreaking and, as no harassment of the bowhead whale is expected, the species was not discussed further.
In addition to the references used by the applicant in their request for an IHA, the Overseas Environmental Assessment for Office of Naval Research Arctic Research Activities in the Beaufort and Chukchi Seas 2022-2025, provided on the project website ( https://www.fisheries.noaa.gov/action/incidental-take-authorization-office-naval-researchs-arctic-research-activities-year-7 ), includes information on the distribution of bowhead whales, specifically that their range can expand and contract beyond 75 degrees N depending on ice cover and access to Arctic straits (Rugh et al., 2003),” which is in agreement with the information provided by the commenter. Importantly, the commenter does not suggest that incidental take of bowhead whales is likely, and following review of the comments and cited information NMFS has determined that no new information is presented and that the commenter's evaluation is consistent with NMFS'. No changes have been made as a result of this comment.
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information regarding status and trends, distribution and habitat preferences, and behavior and life history of the potentially affected species. NMFS fully considered all of this information, and we refer the reader to these descriptions, instead of reprinting the information. Additional information regarding population trends and threats may be found in NMFS' Stock Assessment Reports (SARs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments ) and more general information about these species ( e.g., physical and behavioral descriptions) may be found on NMFS' website ( https://www.fisheries.noaa.gov/find-species ).
Table 1 lists all species or stocks for which take is expected and authorized for this activity and summarizes information related to the population or stock, including regulatory status under the MMPA and Endangered Species Act (ESA) and potential biological removal (PBR), where known. PBR is defined by the MMPA as the maximum number of animals, not including natural mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its optimum sustainable population (as described in NMFS' SARs). While no serious injury or mortality is anticipated or authorized here, PBR and annual serious injury and mortality (M/SI) from anthropogenic sources are included here as gross indicators of the status of the species or stocks and other threats.
Marine mammal abundance estimates presented in this document represent the total number of individuals that make up a given stock or the total number estimated within a particular study or survey area. NMFS' stock abundance estimates for most species represent the total estimate of individuals within the geographic area, if known, that comprises that stock. For some species, this geographic area may extend beyond U.S. waters. All managed stocks in this region are assessed in NMFS' U.S. Alaska SARs (Young et al., 2023). All values presented in table 1 are the most recent available at the time of publication and are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.
Table 1—Species Likely Impacted by the Specified Activities
| Common name | Scientific name | Stock | ESA/ MMPA status; strategic (Y/N) | Stock abundance (CV, N min , most recent abundance survey) | PBR | Annual M/SI |
|---|---|---|---|---|---|---|
| Beluga Whale | Delphinapterus leucas | Beaufort Sea | -, -, N | 39,258 (0.229, N/A, 1992) | UND | 104 |
| Beluga Whale | Delphinapterus leucas | Eastern Chukchi | -, -, N | 13,305 (0.51, 8,875, 2017) | 178 | 56 |
| Ringed Seal | Pusa hispida | Arctic | T, D, Y | UND (UND, UND, 2013) | UND | 6,459 |
| Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy ( https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/ ). | ||||||
| ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is automatically designated under the MMPA as depleted and as a strategic stock. | ||||||
| NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region. CV is coefficient of variation; N min is the minimum estimate of stock abundance. | ||||||
| These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined ( e.g., commercial fisheries, vessel strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. | ||||||
| A reliable population estimate for the entire stock is not available. Using a sub-sample of data collected from the U.S. portion of the Bering Sea, an abundance estimate of 171,418 ringed seals has been calculated, but this estimate does not account for availability bias due to seals in the water or in the shore-fast ice zone at the time of the survey. The actual number of ringed seals in the U.S. portion of the Bering Sea is likely much higher. Using the N min based upon this negatively biased population estimate, the PBR is calculated to be 4,755 seals, although this is also a negatively biased estimate. |
Table 2—Marine Mammal Hearing Groups
[NMFS, 2018]
| Hearing group | Generalized hearing range * |
|---|---|
| Low-frequency (LF) cetaceans (baleen whales) | 7 Hz to 35 kHz. |
| Mid-frequency (MF) cetaceans (dolphins, toothed whales, beaked whales, bottlenose whales) | 150 Hz to 160 kHz. |
| High-frequency (HF) cetaceans (true porpoises, Kogia, river dolphins, Cephalorhynchid, Lagenorhynchus cruciger & L. australis) | 275 Hz to 160 kHz. |
| Phocid pinnipeds (PW) (underwater) (true seals) | 50 Hz to 86 kHz. |
| Otariid pinnipeds (OW) (underwater) (sea lions and fur seals) | 60 Hz to 39 kHz. |
| * Represents the generalized hearing range for the entire group as a composite ( i.e., all species within the group), where individual species' hearing ranges are typically not as broad. Generalized hearing range chosen based on approximately 65 dB threshold from normalized composite audiogram, with the exception for lower limits for LF cetaceans (Southall et al., 2007) and PW pinniped (approximation). |
Table 3—Cutoff Distances and Acoustic Thresholds Identifying the Onset of Behavioral Disturbance, TTS, and PTS for Non-Impulsive Sound Sources
Table 4—Thresholds Identifying the Onset of Permanent Threshold Shift
Table 5—Modeled Bins for 8/10 Ice Coverage (Full Power) and 3/10 Ice Coverage (Quarter Power) Icebreaking on CGC HEALY
| Frequency (Hz) | 8/10 source level (dB) | 3/10 source level (dB) |
|---|---|---|
| 25 | 189 | 187 |
| 50 | 188 | 182 |
| 100 | 189 | 179 |
| 200 | 190 | 177 |
| 400 | 188 | 175 |
| 800 | 183 | 170 |
| 1,600 | 177 | 166 |
| 3,200 | 176 | 171 |
| 6,400 | 172 | 168 |
| 12,800 | 167 | 164 |
Table 6—Density Estimates of Impacted Species
| Common name | Stock | Density (animals/km ) |
|---|---|---|
| Beluga whale | Beaufort Sea | 0.000506 to 0.5176. |
| Beluga whale | Eastern Chukchi Sea | 0.000506 to 0.5176. |
| Ringed seal | Arctic | 0.1108 to 0.3562. |
Table 7—Estimated Take Numbers and Total Take Authorized
Table 8—Mitigation Zones
| Activity and/or effort type | Species | Mitigation zone |
|---|---|---|
| Acoustic source deployment and recovery, stationary | Beluga whale | 55 m (180 ft). |
| Acoustic source deployment and recovery, stationary | Ringed seal | 55 m (180 ft). |
| Transit | Beluga whale | 457 m (500 yards). |
| Transit | Ringed seal | 183 m (200 yards). |