Taking Marine Mammals Incidental to Ice Roads

Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83451

• Business Mail Entry Unit—Hard- DEPARTMENT OF COMMERCE for the authorization of take of marine copy Postage Statement entry (only for mammals incidental to Hilcorp and contingency)—Mailing Agent CRID National Oceanic and Atmospheric Eni’s ice roads and ice trails must be populated on the Postage Administration construction and maintenance activities Statement. on Alaska’s North Slope. 50 CFR Part 217 We received an application from • Shipping Services File (SSF) [Docket No. 20119–0307] Hilcorp and Eni requesting 5-year Changes: No impact. regulations and authorization to take • Indicium Creation Record (ICR) RIN 0648–BJ24 marine mammals. Take would occur by File: No impact. Level B harassment, Level A harassment Takes of Marine Mammals Incidental to • Price Change Type/Product Type: and serious injury and/or mortality Specified Activities; Taking Marine incidental to ice roads and ice trails Market Dominant Comments on Mammals Incidental to Ice Roads and Proposed Changes and USPS Responses. construction and maintenance. Please Ice Trails Construction and see Background below for definitions of The Postal Service did not receive any Maintenance Activities on Alaska’s harassment. formal comments on the October 15, North Slope 2020 proposed rule (85 FR 65311). Legal Authority for the Action AGENCY: National Marine Fisheries * * * * * Service (NMFS), National Oceanic and Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1371(a)(5)(A)) directs the List of Subjects in 39 CFR Part 111 Atmospheric Administration (NOAA), Commerce. Secretary of Commerce to allow, upon request, the incidental, but not Administrative practice and ACTION: Final rule; notification of intentional taking of small numbers of issuance of Letters of Authorization. procedure, Postal Service. marine mammals by U.S. citizens who The Postal Service adopts the SUMMARY: Upon application from engage in a specified activity (other than following changes to Mailing Standards Hilcorp Alaska, LLC (Hilcorp) and Eni commercial fishing) within a specified of the United States Postal Service, US Operating Co. Inc. (Eni), NMFS is geographical region for up to 5 years if, Domestic Mail Manual (DMM), issuing regulations under the Marine after notice and public comment, the incorporated by reference in the Code of Mammal Protection Act (MMPA) for the agency makes certain findings and Federal Regulations. See 39 CFR 111.1. taking of small numbers of marine issues regulations that set forth mammals incidental to ice road and ice permissible methods of taking pursuant Accordingly, 39 CFR part 111 is trail construction, maintenance, and to that activity and other means of amended as follows: operation in Alaska’s North Slope, over effecting the ‘‘least practicable adverse impact’’ on the affected species or PART 111—[AMENDED] the course of 5 years (2020–2025). These regulations allow NMFS to issue Letters stocks and their habitat (see the of Authorization (LOA) for the discussion below in the Mitigation ■ 1. The authority citation for 39 CFR incidental take of marine mammals section), as well as monitoring and part 111 continues to read as follows: during the specified construction and reporting requirements. Section Authority: 5 U.S.C. 552(a); 13 U.S.C. 301– maintenance activities carried out 101(a)(5)(A) of the MMPA and the 307; 18 U.S.C. 1692–1737; 39 U.S.C. 101, during the rule’s period of effectiveness, implementing regulations at 50 CFR part 401, 403, 404, 414, 416, 3001–3011, 3201– set forth the permissible methods of 216, subpart I provide the legal basis for 3219, 3403–3406, 3621, 3622, 3626, 3632, taking, set forth other means of effecting issuing this rule containing 5-year 3633, and 5001. the least practicable adverse impact on regulations and for any subsequent LOAs. As directed by this legal ■ marine mammal species or stocks and 2. Revise the Mailing Standards of the their habitat, and set forth requirements authority, this rule contains mitigation, United States Postal Service, Domestic pertaining to the monitoring and monitoring, and reporting requirements. Mail Manual (DMM) as follows: reporting of the incidental take. Summary of Major Provisions Within Mailing Standards of the United States DATES: Effective December 22, 2020 the Rule through November 30, 2025. Postal Service, Domestic Mail Manual Following is a summary of the major ADDRESSES: (DMM) To obtain an electronic provisions of this rule regarding Hilcorp copy of the Hilcorp-Eni’s LOA * * * * * and Eni’s construction activities. These application or other referenced measures include: Notice 123 (Price List) documents, visit the internet at: https:// • No initiation of ice road or trail www.fisheries.noaa.gov/permit/ construction if a ringed seal is observed [Revise prices as applicable.] incidental-take-authorizations-under- within approximately 46 meters (m) * * * * * marine-mammal-protection-act. In case (150 feet (ft)) of the action area after of problems accessing these documents, We will publish an appropriate March 1 through May 30 of each year. please call the contact listed below (see • amendment to 39 CFR part 111 to reflect Requiring monitoring of the FOR FURTHER INFORMATION CONTACT). these changes. construction areas to detect the presence FOR FURTHER INFORMATION CONTACT: of marine mammals before beginning Joshua J. Hofer, Shane Guan, Office of Protected construction activities. Attorney, Federal Compliance. Resources, NMFS, (301) 427–8401. Background [FR Doc. 2020–27020 Filed 12–21–20; 8:45 am] SUPPLEMENTARY INFORMATION: The MMPA prohibits the ‘‘take’’ of BILLING CODE 7710–12–P Purpose and Need for Regulatory marine mammals with certain Action exceptions. Sections 101(a)(5)(A) and This final rule establishes a (D) of the MMPA (16 U.S.C. 1361 et framework under the authority of the seq.) direct the Secretary of Commerce MMPA (16 U.S.C. 1361 et seq.) to allow (as delegated to NMFS) to allow, upon

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83452 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

request, the incidental, but not 2020 through November 30, 2025. Dates and Duration intentional, taking of small numbers of Hilcorp and Eni plan to conduct marine mammals by U.S. citizens who necessary work, including use of heavy Both Hilcorp and Eni generally begin engage in a specified activity (other than machinery on ice, to facilitate access to constructing sea ice roads and ice trails commercial fishing) within a specified North Slope offshore oil and gas as early as possible, usually by late geographical region if certain findings facilities. The action may incidentally December depending on weather. are made and either regulations are expose marine mammals occurring in Maintenance and use of the ice roads issued or, if the taking is limited to the vicinity to elevated levels of sound, and trails continue generally through harassment, a notice of a proposed human presence on ice habitat, and mid-May when the ice becomes too incidental take authorization (ITA) may interactions with heavy machinery, unstable to access. Depending on the be provided to the public for review. thereby resulting in incidental take, by weather, from the initial surveying until Authorization for incidental takings Level A and Level B harassment and the ice is thick enough to allow travel shall be granted if NMFS finds that the serious injury or mortality. Since by wheeled vehicles, ice road taking will have a negligible impact on Hilcorp and Eni’s ice roads and trails construction takes about six weeks. the species or stock(s) and will not have construction and maintenance activities Specific Geographic Region an unmitigable adverse impact on the have the potential to cause serious availability of the species or stock(s) for injury or mortality to a few ringed seals, Northstar, an artificial gravel island, is taking for subsistence uses (where an LOA is appropriate. On January 17, located in State of Alaska coastal waters relevant). Further, NMFS must prescribe 2020, NMFS published a proposed rule about 9.7 kilometers (km) (6 miles (mi)) the permissible methods of taking and (85 FR 2988) and proposed regulations offshore from Point Storkersen in the other ‘‘means of effecting the least to govern takes of marine mammals Beaufort Sea (Figure 1). Water depth at practicable adverse impact’’ on the incidental to Hilcorp and Eni’s ice roads the island is about 12 m (39 ft). This affected species or stocks and their and trails construction and maintenance region is covered by landfast ice in habitat, paying particular attention to activities, and requested comments on winter and with water depths greater rookeries, mating grounds, and areas of the proposed regulations. than 3 m (10 ft). similar significance, and on the 2 Description of Activity The 0.05 square kilometer (km ) (11- availability of such species or stocks for acre) SID is also an artificial, gravel taking for certain subsistence uses Overview island constructed in shallow (1.8–2.4 (referred to in shorthand as m, 6–8 ft), State of Alaska coastal waters ‘‘mitigation’’); and requirements Hilcorp and Eni conduct oil and gas approximately 4.8 km (3 mi) north of pertaining to the mitigation, monitoring operations at Northstar Production Oliktok Point and just south of the Spy and reporting of such takings are set Facility (Northstar) and Spy Island Island barrier island (Figure 2). While forth. Drillsite (SID), respectively, in coastal SID is situated in water depths The definitions of all applicable Beaufort Sea, Alaska. During the ice- considered unsuitable for ringed seals, MMPA statutory terms cited above are covered season, Hilcorp constructs each year a crack or lead has developed included in the relevant sections below. annual ice roads and trails to connect and allow access between West Dock in the road between OPP and SID. Summary of Request and Northstar. Similarly, Eni builds and The ODS consists of a 0.024 km2 (6- NMFS received a joint application utilizes an ice road connecting the acre) gravel drillsite approximately 8 km from Hilcorp and Eni requesting Oliktok Production Pad (OPP) and SID. (5 mi) offshore in 1.4 m (4.5 ft) of water authorization for take of marine Eni also builds an annual ice road from (Figures 3 and 4). The site is connected mammals incidental to construction shore to the Oooguruk Drill Site (ODS) to an onshore facility by a flowline activities related to ice roads and ice (Figures 1–4). This regulation and the system consisting of a 9.2 km (5.7 mi) trails in the North Slope, Alaska. The implementing LOAs authorize takes of subsea buried flowline bundle which application was determined to be marine mammals incidental to Hilcorp transitions onshore to a 3.7 km (2.3 mi) adequate and complete on May 31, and Eni’s ice roads and ice trails traditional North Slope aboveground 2019. The requested regulations would construction during the ice-covered flowline support system. be valid for 5 years, from December 22, season on Alaska’s North Slope. BILLING CODE 3510–22–P

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83453

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00049 Fmt 4700 Sfmt 4725 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES ER22DE20.008 83454 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00050 Fmt 4700 Sfmt 4725 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES ER22DE20.009 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83455

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00051 Fmt 4700 Sfmt 4725 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES ER22DE20.010 83456 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES ER22DE20.011 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83457

BILLING CODE 3510–22–C materials used to bridge sections of Hilcorp usually builds the following Detailed Description of Specific Activity hazardous ice, are clearly marked or unimproved ice trails to Northstar: mapped using Global Positioning • Along the pipeline corridor from Hilcorp: Northstar to West Dock System (GPS) coordinates of the the valve pad near the Dew Line site to Ice Road Construction, Use, and locations. Northstar (9.5 km, 5.93 mi), Maintenance The following steps are used to build • From West Dock to the pipeline shore crossing (grounded ice along the Each year during the ice-covered the Northstar ice road: • coastline (7.8 km, 4.82 mi), and season an approximately 11.7 km (7.3 Clear snow using lighter-weight • Two unimproved ice road paths mi) long ice road is constructed between tracked vehicles; • from the hovercraft tent at Dockhead 2. Northstar and the Prudhoe Bay facilities Grade or drag the ice to smooth the at West Dock to transport personnel, surface, incorporating rubble ice into One would go under the West Dock equipment, materials, and supplies the road or moving it outside of the causeway bridge to Dockhead 3 (1.4 km, (Figure 1). Ice roads allow standard expected road surface; 0.86 mi) and the other would go around • vehicles such as pick-up trucks, SUVs, Drill holes through floating ice West Dock and intersect the main ice buses and other trucks to be used to along the planned ice road route using road north of the Seawater Treatment transport personnel and equipment to rolligons equipped with ice augers and Plant (4.6 km, 2.85 mi). and from the island during the ice- pumps; In addition to these trails, Hilcorp • covered period. Pump seawater from drilled holes may need to construct several shorter In some years depending on over floating ice; and length trails into undisturbed areas to operational needs and weather • Flood the ice road. Flooding work around unstable and unsafe areas conditions, Hilcorp may elect to not techniques are dependent on the of ice as the season progresses. Due to build the main improved ice road. In conditions of the sea ice (i.e., grounded safety considerations these work-around this case, a primary ice trail that can vs. floating). or detour trails may need to be support only tracked, lighter-weight Grounded ice requires minimal constructed after March 1st. They are vehicles would be built in the location freshwater flooding to either cap or constructed similarly to the planned ice of the improved ice road shown on repair cracks. Floating ice requires trails and are not flooded or capped Figure 1. However, to cover all flooding with seawater until a desired with seawater or freshwater. Typically, scenarios, Hilcorp assumes that an ice thickness is achieved. Thickness of these detours deviate approximately 23 road would be built in each year for the floating ice would be determined by the to 46 m (75 to 150 ft) from the original next 5 years. required strength and integrity of the road or trail to allow crews to safely go In water deeper than 3 m (10 ft), the ice. After achieving desired thickness, around soft spots or cracks. ice must be approximately 2.4 m (8 ft) floating ice areas may then be flooded Eni: Oliktok Production Pad to SID thick to support construction with fresh water to either cap or repair equipment. Ice road construction cracks. This technique minimizes the Ice Road Construction, Use, and activities occurs 24 hours a day, 7 days amount of freshwater used to obtain the Maintenance a week during the construction phase desired thickness of the ice road. Each year Eni builds a single ice road and are only halted in unsafe conditions Hilcorp would use permitted freshwater and three ice pads. The ice road extends such as high winds or extremely low sources if fresh water is needed to 6.8 km (4.2 mi) offshore from OPP to temperatures. The ice roads are construct the Northstar ice roads. Water SID (Figure 2). This ice road has both typically constructed by specially- would be transported by truck from supported on water (floating) and designed pumps with ice augers. permitted freshwater sources via grounded ice sections; the first 244 m Seawater for creating the offshore ice existing roads. (800 ft) of the road from shore is road is obtained by drilling holes grounded ice (i.e., frozen to the bottom). Ice Trails through the existing sea ice using augers In addition, Eni typically also builds and pumping salt water to flood the ice Ice trails are unimproved access two floating ice pad parking areas at surface. The rolligons (vehicles with corridors used by Tuckers (a type of SID: A 152 m by 6 m (500 ft by 200 ft) large low-pressure tires) move along the tracked vehicle that moves on snow), area located on the southeast side of road alignment while flooding the PistenBullys® (a type of tracked vehicle SID, and a 91 m by 46 m (300 ft by 150 surface. Water trucks are used to spray that moves on snow), snow machines, or ft) area on the northeast side, and one a freshwater cap over the thickened sea similar tracked equipment. Seawater grounded ice pad at the Oliktok Point ice to provide durability. flooding of the entire trail and end of the ice road. Following construction, ice road freshwater caps are not used. However, Initial construction of the sea ice road surfaces are maintained using graders small rough areas of a trail may require begins with surveying and staking the with snow wings and blowers, or front- minimal seawater flooding to allow route as soon as the ice is thick enough end loaders with snow blower tracked vehicles, rolligons, and the to support snow machines. The floating attachments. Snow can also be cleared hovercraft (if needed) to travel along the sections of the road are constructed by personnel with snow blowers. When corridor. using the free flood method; low snow blowing, wind direction is used to To construct the trail, snow machines pressure pumps flood the ice surface assist in dispersing the blown snow over and light-weight tracked vehicles are with seawater. A 7.6 centimeters (cm) (3 a large area so that large berms or piles used to initially mark the corridor as inches (in.)) layer of water is applied, are not created. Delineators may be used soon as it is determined to be safe for some of which may move to lower parts to mark the roadway in 15 m (50 ft) access. Sea ice in the unimproved roads of the roadway. After the water has increments down the centerline of the would be allowed to thicken through frozen, the next flood can be applied. road, and at no more than 0.4 km (1⁄4 mi) natural freeze up as the ice, and snow Small rolligon vehicles with augers increments on both sides of the ice road is packed down by larger tracked and pumps are used for augering and to delineate the path of vehicle travel vehicles. Generally, snow removal or flooding. Hand augers can be used to and areas to be maintained. Corners of large surface modifications are not check the ice thickness. Ice needs to be rig mats, steel plates, and other required for ice trails. 41 to 51 cm (16 to 20 in.) thick to

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83458 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

support these vehicles. Rolligon tires early road completion is required or Marine Mammal Commission distribute the load over a larger tire when extra heavy loads, such as a (Commission), ECO49 Consulting, LLC print. Flooding operations occur 24 drilling rig is expected. Either ice road (ECO49) on behalf of Hilcorp and Eni, hours a day, 7 days a week during this is up to approximately 10.7 m (50 ft) and five private citizens. The comments phase. Once the ice is about 183 cm (72 wide with a similar width shoulder area and our responses are provided here, in.) thick and determined to be able to on each side. The shoulders of the road and the comments have been posted support full loads, vehicles such as are used when traffic must periodically online at: https:// passenger trucks, vacuum trucks, drill detour around equipment or in areas www.fisheries.noaa.gov/permit/ trucks and other tractor plus trailer where ice road maintenance is incidental-take-authorizations-under- loads can use the ice road. Up until that occurring. In addition, a grounded ice marine-mammal-protection-act. Please time, only rolligon vehicles and tracked pad staging area is constructed on the see the comment letters for the full vehicles are used on the road. The southwest edge of the ODS (see Figures rationales behind the recommendations maintained ice road width (including 3 and 4). The dimensions of the staging we respond to below. As a result of the shoulder areas) is 49 m (160 ft). area are approximately 180 by 140 m these comments, NMFS revised the Rig mats are used to bridge small (600 by 450 ft). buffer zones for avoidance of seals and leads (fractures within large expanse of The ODS is located in 1.2 to 1.8 m (4 seal structures and added one additional ice) and wet cracks during construction to 6 ft) of water, and the area from the monitoring and reporting measure in the and maintenance. During maintenance site to the shore generally becomes final rule. activities, fresh water is used for road grounded landfast ice in winter. The Comment 1: The Commission surfacing and repair. Once fully flooded typical and alternate ice road routes recommends that NMFS require Hilcorp and open to traffic, snow loads on the shown in Figures 3 and 4 would be and Eni to (1) meet with ice seal ice road must be managed. Snow on the located in grounded rather than floating subsistence hunters in Nuiqsut and ice road is cleared frequently and the ice. There is one small area near the other North Slope communities and width of the ice road (including the Colville River that has an open lead for with members of the Ice Seal Committee shoulder areas) is maintained at 49 m a short duration in December but freezes to discuss their proposed construction, (160 ft). At the end of the ice road solid within a few weeks. The road is maintenance, and operation of ice roads season, as temperatures and sun clearly marked with delineators and and ice trails and its BMPs, and (2) exposure increase, snow may be spread monitored routinely by Alaska Clean revise its mitigation and monitoring over the road surface to insulate and Seas and industry environmental measures as necessary to minimize shade the ice surface, helping to coordinators. Ice bridges or rig mats are disturbance of seals and subsistence preserve ice road integrity. not required for construction or hunting activities, based on input maintenance of the ice road or ice pad received. Ice Trails staging area. Response: NMFS does not agree with Following the same general Initial construction of the sea ice road the Commission’s specific construction methods used at Northstar, begins with surveying and staking the recommendations. Both Hilcorp and Eni Eni plans to build an unimproved ice route as soon as the ice is thick enough have developed Plans of Cooperation trail just west of and parallel to the sea to support snow machines. Low (POCs) to ensure that no unmitigable ice road corridor near SID. The ice trail pressure pumps are used to flood the ice adverse impact would occur to is typically approximately 15–30 m (50– surface with seawater. Small tractor subsistence uses of marine mammals 100 ft) west of the western edge of the vehicles with augers and pumps are from their planned ice roads and ice ice road shoulder and is used when the used for augering and flooding. An trails construction and maintenance activities on the North Slope. As stated ice road is being constructed. Once the initial layer of water is applied, some of in the Federal Register notice for the ice road is open to regular traffic, the ice which may move to lower parts of the proposed rule (85 FR 2988; January 17, trail is not used. After March 1st, due to roadway. After the water has frozen, the 2020), both companies have been safety considerations, Eni may also need next flood can be applied. Flooding engaging the communities of Utqiagvik to use several shorter length trails in operations occur 24 hours a day, 7 days and Nuiqsut, as well as members of the undisturbed areas to work around a week during this phase. Depending on Ice Seal Committee and the Alaska unstable and unsafe areas of ice as the weather and sea ice conditions, Eskimo Whaling Commission (AEWC) season progresses. As described above, construction of the ice road typically to share information about planned these work-around or detour trails allow begins in early December and is exploration/development activities and PistenBullys® and other tracked complete by February 1st. The ODS operations do not require to maintain dialogue about measures to vehicles to safely go around soft spots minimize potential impacts on or cracks. offshore ice trails. However, a coastal trail in very shallow water right off of subsistence harvest. For the ice roads Eni: Oooguruk Ice Road the beach is occasionally needed and ice trails construction and maintenance activities, Hilcorp and Eni Ice Road Construction, Use, and between Oliktok and the ODS ice road developed further mitigation and Maintenance to demobilize equipment after tundra travel has been closed. monitoring measures to minimize the A single ice road and staging area ice Mitigation, monitoring, and reporting potential impacts to subsistence uses of pad are required each year to operate measures are described in detail later in marine mammals in the area based on the ODS. As shown in Figure 3, the this document (please see Mitigation inputs from subsistence users in the typical or proposed ice road extends 8.9 and Monitoring and Reporting). area. These measures also include km (5.5 mi) offshore to the ODS. An signing a Conflict Avoidance Agreement alternative ice road as shown on Figure Comments and Responses (CAA) with the AEWC and Whaling 4 would be located in shallower water NMFS published a proposed rule in Captains’ Associations of nearby North and, therefore, can be grounded and the Federal Register on January 17, Slope communities. The CAA describes used earlier in the season. The 2020 (85 FR 2988). During the 30-day measures to minimize any adverse alternative route extends 11.2 km (7 mi) public comment period on the proposed effects on the availability of bowhead offshore and is used in years when an rule, NMFS received comments from the whales for subsistence use. To date, the

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83459

Native community has not expressed Commission (84 FR 70274; December sea ice roads/trails within the exposure concerns over interactions with seals, 20, 2019) included bearded seals to be areas. These insights will be particularly during the ice-covered precautionary and considering the other incorporated into Hilcorp and Eni’s seasons. Hilcorp and Eni state that they activities (such as pile driving) that are training materials provided to personnel will continue to address questions and part of the Liberty Project in addition to responsible for monitoring for ringed concerns from community members, ice roads. seals along sea ice roads/trails. NMFS and continue to provide them with Likewise, spotted seals are not known also requires Hilcorp and Eni to include contact information of project to remain in the Beaufort Sea during the the methods used for detection of seals management to which they can direct late fall and winter (BOEM, 2018). and seal structures with an assessment concerns related to these companies’ Given their seasonal occurrence and of their effectiveness in the final reports. specific activities. Therefore, the distribution (they are absent from the NMFS incorporated these Commission’s recommendations are not Beaufort Sea in winter) and low recommendations into the final rule. necessary. numbers in the nearshore waters of the Comment 6: The Commission Comment 2: The Commission central Alaskan Beaufort Sea during recommends that NMFS initiate a peer recommends that NMFS revise the other seasons, no spotted seals are review of the proposed mitigation and numbers of Level B harassment takes for expected in the Action Areas in late monitoring plan (as described at 50 CFR ringed seals using inputs for the winter and spring during ice road/trail 216.108(d)). The Commission states that estimated length of road or trail to be activities. authorization to take ringed seals constructed or maintained each day and Therefore, considering the fact that incidental to construction and the number of days each season that bearded and spotted seals are extremely maintenance of ice roads and ice trails construction, maintenance, and unlikely to occur in the nearshore has been included in previous operation of ice roads and ice trails are environment during winter months, and rulemakings that were peer-reviewed, expected to occur. the small zone of disturbance that is most recently in December 2019 (84 FR Response: NMFS does not adopt the only related to ice road construction and 70274). Commission’s recommendation. We maintenance, including takes of bearded Response: NMFS does not agree that believe that the method used here is the and spotted seals is not appropriate. this is necessary and does not adopt the best way to calculate take estimates for Comment 4: The Commission recommendation. As the Commission these activities. In this case, the take recommends that NMFS revise the stated in its comment, marine mammal number is based on the density buffer zones used in section monitoring plans are required to be multiplied by the action area. Ice road 217.154(c)(3), (5), and (7)(i), and section reviewed by an independent peer- construction, operations and 217.155(c) of the proposed rule to review panel if the activities occur in maintenance does not occur reference avoidance of seals within 50 Arctic waters and may affect the continuously every day throughout the m and avoidance of seal structures availability of marine mammal species ice road season. While the ice road within 150 m, for consistency with or stocks for subsistence use. As season is approximately December other recent rulemakings (84 FR 70274; discussed in detail in the proposed rule through May, ice road construction, December 20, 2019) regarding avoidance (85 FR 2988; January 17, 2020), Hilcorp operations and maintenance only occur of seals and seal structures during and Eni’s proposed ice roads and ice in a small subsection for a given day. In construction, maintenance, and trails construction projects would occur addition, construction, operation and operation of ice roads and trails on the far away from subsistence activities, and maintenance activity does not occur North Slope. Hilcorp and Eni also would be conducted during the time each day, and the number of days recommend using the whole metric few subsistence activities occur. In required for construction, maintenance values for mitigation and monitoring winter and spring, small numbers of or operations cannot be predicted given distances as stated in the LOA ringed seals may be disturbed and the variability in weather and ice application. possibly displaced from the immediate conditions. For this reason, it is not Response: NMFS concurs with the locations of the ice roads and trails. Seal appropriate to use the entire six months recommendations and has made the hunters would likely avoid the areas as the total duration. Also, it is not corrections in the final rule and the near SID, Northstar and ODS in favor of possible to predict with certainty the LOAs issued to Hilcorp and Eni. less developed, more productive areas amount of time each company would Comment 5: The Commission closer to the main sealing areas near the use the ice roads each week or month recommends that NMFS require Hilcorp Colville River delta. Therefore, given the seasonal variability. The take and Eni to (1) consult with local hunters construction and maintenance of the ice calculation considers the fact that in regarding the best techniques for roads and trails is unlikely to impact over >10 years of ice road activity (i.e., detecting seals and seal structures with winter subsistence hunting of ringed at Northstar), there have only been two a minimum of disturbance, (2) involve seals. The example that the Commission seals reported in what is defined as the local hunters in the training of observers provided concerning peer-review of a ‘‘exposure area.’’ The take calculations for ice road activities, and (3) include in marine mammal monitoring plan consider the total exposure area (in the final reports the methods used for associated with ice roads and ice trails square km) multiplied by seal density. detection of seals and seal structures construction and maintenance is Comment 3: The Commission with an assessment of their Hilcorp’s Liberty Drilling and recommends that NMFS include Level B effectiveness. Production Island construction, but that harassment takes of bearded and spotted Response: NMFS concurs with this project has potential effects to seals in the final rule using the same recommendation and has adopted it. subsistence use of marine mammals take estimation method. NMFS worked with Hilcorp and Eni on from pile driving and artificial island Response: NMFS does not agree with these issues and will require Hilcorp construction activities during open- the recommendation and does not adopt and Eni to engage local hunters in water season. NMFS is not aware of it. Bearded seals prefer areas of moving Nuiqsut, Utqiagvik and Kaktovik monitoring plans for ice road/trail ice and open water with depths up to through the Ice Seal Committee point of construction and maintenance 200 m (656 ft) (Burns and Harbo 1972). contact to gather recommendations on undergoing peer review because these The Liberty rule referenced by the methods for ringed seal detection along activities are not typically considered as

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83460 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

meeting the ‘‘may affect’’ requirement therefore, the take estimate remains Comment 12: One private citizen pertaining to subsistence uses of marine unchanged. states their belief that Hilcorp and Eni mammal species and stocks. Comment 9: ECO49 suggests adding a would not be truthful in presenting the Comment 7: ECO49, on behalf of note after the last bullet in the data that indicates ringed seals are Hilcorp and Eni, notes that takes of subsection Monitoring Measures After experiencing serious injury/death ringed seals by mortality/serious injury March 1st, to read ‘‘During this because of the ice road/trial or Level A harassment were reduced monitoring period, maintenance work construction and use. The individual from the LOA application by NMFS will proceed cautiously as to minimize states that if Hilcorp and Eni find data based on analysis using historical data. impacts or disturbance to area.’’ that might prevent them from building ECO49 states that they understand Response: NMFS understands that these routes in the future they could be NMFS’ approach in take calculation, but there will be limited activities after tempted to stretch or even hide the truth request to closely work with NMFS if March 1, and that additional monitoring for the benefit of their company’s Level A harassment or mortality/serious measures are being added to minimize interests. The individual suggests that a injury approaches the level authorized, impacts or disturbance to ringed seal third-party non-profit entity work with to review the manner of take and pupping activities after March 1. the companies to help monitor the seals number of takes authorized. However, the language ECO49 suggested and report the findings. Response: As discussed in detail in is not part of the specific monitoring Response: NMFS has no basis for the proposed rule (85 FR 2988; January measure, therefore NMFS does not concern that Hilcorp and Eni would 17, 2020), the take request of a total of consider it appropriate to include that conceal serious injury/mortality 30 ringed seal mortality/serious injury in that subsection. incidents, if such incidents occur. The takes presented in the LOA application Comment 10: ECO49 notes that the LOAs issued to Hilcorp and Eni cannot be adequately justified based on proposed rule includes language authorize limited take by serious injury historical data and comparable activities describing a process for modifying and mortality, therefore, it is not to the where takes were authorized (e.g., 2019 mitigation or monitoring measures companies’ interests to falsify the Hilcorp Liberty rule for ice road and ice should it be warranted. ECO49 states monitoring report if such take occurs. In trail construction on the North Slope). that it understands this language is non- addition, falsifying a marine mammal The proposed Level A harassment and binding and requests that NMFS report would lead to revocation of the LOA(s) issued to Hilcorp and/or Eni, mortality/serious injury of a total of 12 coordinate closely with Hilcorp and Eni and would affect any future application seals were estimated based on the level should any modifications to mitigation they might submit to obtain marine of activities by Hilcorp and Eni over the measures be needed in the future. mammal ITA, in addition to subjecting next 5 years. Based on the analysis, Response: NMFS will coordinate them to potential legal actions. NMFS does not believe Hilcorp or Eni closely with Hilcorp and Eni and their Therefore, NMFS does not believe would exceed the Level A harassment contractors should any modifications to Hilcorp or Eni would intentionally and/or mortality/serious injury mitigation measures be needed in the misrepresent the actual take numbers in authorized under the rulemaking, with future. their marine mammal monitoring implementation of prescribed mitigation Comment 11: Four private citizens reports, including reporting of serious and monitoring measures. However, in recommend prohibiting Hilcorp and Eni injury and/or mortality takes. the unlikely event such situation occurs, from constructing the ice roads to better NMFS will work with Hilcorp and Eni protect the environment and sensitive Changes From the Proposed to Final closely to review the manner of take and wildlife. Another anonymous individual Rule number of takes authorized, and to states that it is not in the best interest There is no change in the Hilcorp and reinitiate section 7 consultation under of Alaska and the entire U.S. population Eni’s proposed ice roads and ice trails the Endangered Species Act (ESA). to continue letting Hilcorp and Eni take construction activities from the Comment 8: ECO49 points out that animals during their proposed ice-road proposed rule (85 FR 2988; January 17, language in the proposed rule (85 FR construction. 2020). NMFS revised the buffers in 2988; January 17, 2020;) should be Response: NMFS’ authority and these section 217.154(c)(3), (5), (7), and (7)(i), revised to make clear that an additional final regulations allow for issuance of a and section 217.155(b)(1) and (1)(ii) and buffer area was added to the road/trail LOA to authorize takes of marine (c)(1) and (2) to reference avoidance of width for SID so the total width is 420 mammals incidental to ice road seals within 50 m and avoidance of seal m, not 340 m as indicated. ECO49 construction and maintenance activities structures within 150 m. One additional proposes the following language to by Hilcorp and Eni. NMFS has no monitoring and reporting measure was clarify the distance used to calculate authority over whether the ice road added to the final rule based on potential seal exposures at SID: ‘‘The construction project is permitted. The comments received during the public total width of the ice road and trail at MMPA directs the Secretary of comment period. This measure requires SID accounts for the ice trail being Commerce (as delegated to NMFS) to that Hilcorp and Eni (1) engage local constructed approximately 15 to 30 m allow, upon request, the incidental, but hunters through the Ice Seal Committee west of the western edge of the ice road not intentional, taking of small numbers point of contact to gather shoulder. Therefore, a total width of 420 of marine mammals by U.S. citizens recommendations on methods for ringed m has been used to calculate potential who engage in a specified activity seal detection along sea ice roads/trails seal exposures at SID whereas, the ice within a specified geographical region. within the exposure areas, (2) road/trail total width at Northstar and Authorization for incidental takings incorporate these recommendations into ODS is 340 m.’’ shall be granted if NMFS finds that the Hilcorp and Eni’s training materials Response: NMFS revised the taking will have a negligible impact on provided to personnel responsible for description in the Take Estimates the species or stock(s) and will not have monitoring for ringed seals along sea ice section below. While the language in the an unmitigable adverse impact on the roads/trails, and (3) include the proposed rule contained an error, take availability of the species or stock(s) for methods used for detection of seals and calculation of ringed seals at SID used taking for subsistence uses (where seal structures with an assessment of the correct information (420 m), relevant). their effectiveness in the final reports.

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83461

Description of Marine Mammals in the Table 1 lists all species with expected Marine mammal abundance estimates Area of Specified Activities potential for occurrence in the Beaufort presented in this document represent Sea and summarizes information related the total number of individuals that Sections 3 and 4 of the application to the population or stock, including make up a given stock or the total summarize available information regulatory status under the MMPA and number estimated within a particular regarding status and trends, distribution ESA and potential biological removal study or survey area. NMFS’ stock and habitat preferences, and behavior (PBR), where known. For taxonomy, we abundance estimates for most species and life history, of the potentially follow Committee on Taxonomy (2020). represent the total estimate of affected species. Additional information PBR is defined by the MMPA as the individuals within the geographic area, maximum number of animals, not regarding population trends and threats if known, that comprises that stock. For including natural mortalities, that may may be found in NMFS’ Stock some species, this geographic area may be removed from a marine mammal Assessment Reports (SARs; https:// extend beyond U.S. waters. All managed www.fisheries.noaa.gov/national/ stock while allowing that stock to reach or maintain its Optimum Sustainable stocks in this region are assessed in marine-mammal-protection/marine- NMFS’ U.S. 2019 SARs (Carretta et al., mammal-stock-assessments), and more Population (OPS) (as described in NMFS’s SARs). While no mortality is 2020; Muto et al., 2020). All values general information about these species presented in Table 1 are the most recent (e.g., physical and behavioral anticipated, PBR and annual serious injury and mortality from anthropogenic available at the time of publication and descriptions) may be found on NMFS’ sources are included here as gross are available in the 2019 SARs (Carretta website (https:// indicators of the status of the species et al., 2020; Muto et al., 2020). www.fisheries.noaa.gov/find-species). and other threats. TABLE 1—MARINE MAMMALS WITH POTENTIAL PRESENCE WITHIN THE PROJECT AREA

ESA/ MMPA Stock abundance (CV, Nmin, Annual Common name Scientific name Stock status; most recent abundance PBR M/SI 3 Strategic survey) 2 (Y/N) 1

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales)

Family Eschrichtiidae: Gray whale ...... Eschrichtius robustus ...... Eastern North Pacific ...... -; N 26,960 (0.05, 25,849) ...... 801 139 Family Balaenidae: Bowhead whale ...... Balaena mysticetus ...... Western Arctic ...... E/D; Y 16,820 (0.052, 16,100) ...... 161 46 Family Delphinidae: Beluga whale ...... Delphinapterus leucas ...... Beaufort Sea ...... -; N 39,258 (0.229, N/A) ...... Undet 139

Family Phocidae (earless seals)

Ringed seal 4 ...... Phoca hispida ...... Alaska ...... T/D; Y 171,418 (NA, 170,000) ...... 4,755 700 Spotted seal ...... Phoca largha ...... Alaska ...... -; N 461,625 (NA, 423,237) ...... 12,697 329 Bearded seal 5 ...... Erignathus barbatus ...... Alaska ...... T/D; Y 301,836 (NA, 273,676) ...... Undet 557 Ribbon seal ...... Histriophoca fasciata ...... Alaska ...... -; N 184,695 (NA, 163,086) ...... 9,785 3.9 1 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. 2 NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment- reports-region#reports. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. 3 These values, found in NMFS’ SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fisheries, ship strike). Annual mortality/serious injury (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. 4 Ringed seal estimate is based on surveys conducted in the Alaska Chukchi and Beaufort seas in the late 1990s and 2000, and in the U.S. portion of the Bering Sea in 2012. This is the best available information for use here. 5 Bearded seal estimate is based on surveys conducted in the U.S. portion of the Bering Sea in 2012. This is the best available information for use here.

All species that could potentially of ice seals only occur in the project road/trail construction and maintenance occur in the proposed survey areas are area during the open-water season. is extremely unlikely. As a result, included in Table 1. As described Ribbon seal mostly occurs in the cetacean species will not be discussed below, only the ringed seal temporally Chukchi Sea and western Beaufort Sea, further in this document. and spatially co-occurs with the activity and is considered as extra-limital in the Ringed seal is the only species that to the degree that take is reasonably project area. Therefore, the potential for would be reasonably likely to be likely to occur. The temporal and/or encounters with bearded, spotted, and affected by the ice road and ice trail spatial occurrence of the rest of the ribbon seals during ice road/trail construction and maintenance activity. species listed in Table 1 is such that construction and maintenance is A detailed description of this species in take is not expected to occur, and they extremely unlikely. As a result, these ice the action area is provided in the are not discussed further beyond the seal species will not be discussed proposed rule (85 FR 2988; January 17, explanation provided here. further in this document. 2020). While ringed, spotted, and bearded None of the cetacean species listed seals are present in the Beaufort Sea above is expected to enter the ice- Potential Effects of Specified Activities during the open-water season, only covered action areas during the winter on Marine Mammals and Their Habitat ringed seals are likely to be in the months when ice road activities would This section includes a summary and nearshore environment during the ice- be occurring. Therefore, the potential for discussion of the ways that components covered months. The other two species encounters with cetaceans during ice of the specified activity may impact

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83462 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

marine mammals and their habitat. The nursing, breeding, feeding, or sheltering ice year round, maintaining breathing Estimated Take section later in this (Level B harassment). holes and excavating subnivean lairs in document includes a quantitative Authorized takes would primarily be the landfast ice during the ice-covered analysis of the number of individuals by Level B harassment, as exposure of season. During this ice-covered season, that are expected to be taken by this ringed seals by construction activities ringed seals’ home ranges are generally activity. The Negligible Impact Analysis and noise has the potential to result in less than 5 km2 (2 mi2) in area (Frost et and Determination section considers the disruption of behavioral patterns for al. 2002, Kelly et al. 2005). While older content of this section, the Estimated individual animals. There could also be datasets from the 1970s and 80s provide Take section, and the Mitigation section, potential for serious injury/mortality if important context for understanding to draw conclusions regarding the likely an animal is crushed by a construction seal presence in the region, only more impacts of these activities on the machinery or vehicle while in its recent surveys beginning in 1997 have reproductive success or survivorship of subnivean lair. Auditory injury is been used to calculate density for this individuals and how those impacts on unlikely to occur because the overall rule as described in the following noise levels generated from the individuals are likely to impact marine sections. mammal species or stocks. construction activities are low. The The Hilcorp and Eni’s sea ice roads mitigation and monitoring measures are Winter Densities and ice trails construction and expected to minimize the severity of Ringed seals overwinter in the maintenance activities on the North such taking to the extent practicable. landfast ice in and around the project Slope could adversely affect ringed seals Below we describe how the take is area. Relatively few data are available by exposing them to construction noise estimated. Generally speaking, we estimate take for ringed seal density in the southern and presence of human activities, and by considering: (1) Marine mammals Beaufort Sea during the winter months, potential serious injury or mortality in (ringed seals) likely to be exposed to but several studies on ringed seal winter the project area. visual and acoustic disturbances from ecology were undertaken during the A detailed description of the impacts ice roads and ice trails construction; (2) 1980s (Kelly et al. 1986, Frost and Burns on marine mammals and their habitat is the density or occurrence of marine 1989). These reports, in addition to data provided in the Federal Register notice mammals within the areas likely to be associated with the Northstar (85 FR 2988; January 17, 2020) for the disturbed; and, (3) the number of days development and the abandoned Seal proposed rule, and is not repeated here. of activities. We note that while these Island (Williams et al. 2001, Frost et al. Estimated Take basic factors can contribute to a basic 2002) provide information on both seal calculation to provide an initial This section provides an estimate of ice structure use (where ice structures prediction of takes, additional include both breathing holes and the number of incidental takes that may information that can qualitatively be authorized through this rulemaking, subnivean lairs) and the density of ice inform take estimates is also sometimes structures (Table 2). which will inform both NMFS’ available (e.g., previous monitoring consideration of ‘‘small numbers’’ and results or average group size). Below, we Both male and female ringed seals the negligible impact determination. describe the factors considered here in maintain a number of breathing holes Harassment is one of the types of take more detail and present the take and haul out in more than one expected to result from these activities. estimate. This section includes an subnivean lair during the ice-covered Except with respect to certain activities overview of estimated ringed seal season. Kelly et al. (1986) found that of not pertinent here, section 3(18) of the density in the area, a description of the their tagged seals, the animals would MMPA defines ‘‘harassment’’ as any act area of potential disturbance, estimates haul out between one and multiple of pursuit, torment, or annoyance, for noise sources (under ice-covered subnivean lairs. The distances between which (i) has the potential to injure a conditions and in air), and a discussion each lair could be as great as 4 km (2.5 marine mammal or marine mammal of the potential for behavioral responses mi) with numerous breathing holes in stock in the wild (Level A harassment); or serious injury or mortality due to ice between (Kelly et al. 1986). While these or (ii) has the potential to disturb a road/trail/pad activities. authors calculated the average number marine mammal or marine mammal of lairs used by an individual seal to be stock in the wild by causing disruption Ringed Seal Densities 2.85 (SD=2.51) per animal, they also of behavioral patterns, including, but Ringed seals are present in the suggest that this is likely to be an not limited to, migration, breathing, nearshore Beaufort Sea waters and sea underestimate.

TABLE 2—SEAL STRUCTURE DENSITY ALONG THE BEAUFORT SEA COAST NEAR THE PROJECT AREA

Sea Year structure Source density/km 2

1982 ...... 3.6 Frost and Burns 1989. 1983 ...... 0.81 Kelly et al. 1986. Dec. 1999 ...... 0.71 Williams et al. 2001. May 2000 ...... 1.2 Williams et al. 2001. Average structure density/km 2 ...... 1.58

In 1982, aerial surveys were were located by searching with a dog of 157 structures were found resulting conducted near Reindeer Island, just along 267 km (166 mi) of seismic and in an average estimate of 0.53/km seal east of the project area (Northstar and control lines as well as 28 km (17 mi) structures (Kelly et al. 1986) or 3.6 SID), where seismic exploration of non-systematic search lines (295 structures/km2 (Frost and Burns 1989). activities were occurring. Seal structures linear km (183 linear mi) total). A total

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83463

In 1983, the vicinity of Reindeer assumed to be an underestimate (Kelly solid during the ice-covered season) Island was surveyed again and the et al. 1986). densities were calculated where water average number of seal structures Average ice structure density/Average depth was >3m deep (Moulton et al. recorded was 0.70/km over number of structures per seal = 2002a, b), Richardson and Williams approximately 81 km (50 mi) of linear Estimated Average Winter Seal Density: 2003). Frost et al. (2002) and Frost et al. survey lines resulting in an average 1.58/2.85 = 0.55 seals/km2. (2004) reported slightly higher densities number of total structures of 0.81/km2. based on surveys conducted during this Spring Densities In 1999, a total of 26 seal structures same time period between 1997 and were located within a 36.5 km2 area In 1997, prior to Northstar 1999. As with all aerial surveys, animal encompassing the Northstar construction, British Petroleum densities are underestimated because Development resulting in an estimated Exploration Alaska (BPXA) conducted animals are missed, or not counted. This 0.71 structures/km2 in December 1999 aerial surveys for seals as part of the is generally because they are not hauled and 1.2 structures/km2 in May 2000 industry monitoring programs for the out where they can be seen or are (Richardson and Williams 2001). Northstar facility. These datasets missed by the observer. Therefore, these To estimate ringed seal density during provide the best available information density estimates represent minimum the winter, an average structure density on spring ringed seal density for the estimates during the time and location was divided by the average number of project area. Information is based on of the surveys. The average uncorrected structures used by seals (Kelly et al. aerial surveys were flown around densities calculated based on these 1986). Thus, for the winter season Northstar and west of Prudhoe Bay separate datasets (1997–1999) are ringed seal density has been estimated during late May and early June (Frost et provided in Table 3. It is acknowledged as the average ice structure density al. 2002, Moulton et al. 2002a, b, that densities of seals near the Eni SID (1.58/km2) divided by the average Richardson and Williams 2003) when Action Area are likely to be lower than number of ice structures used by an the greatest percentage of seals have densities calculated for the purposes of individual seal (2.85, SD = 2.51). This abandoned their lairs and are hauled out estimating take in this analysis, due to results in an estimated density of 0.55 on the ice (Kelly et al. 2010, Kelly et al. much shallower water near the Eni SID ringed seals/km2 (for example, 1.58/2.85 2010). site. However, for consistency and as a = 0.55). However, this density is likely Because densities were consistently precautionary measure, the same to be an overestimate because the very low where water depth was <3m density estimates are used throughout equation denominator of 2.85 is (and these areas are generally frozen this analysis.

TABLE 3—ESTIMATED RINGED SEAL DENSITIES (UNCORRECTED) BASED ON SPRING AERIAL SURVEYS DURING ICE- COVERED CONDITIONS, 1997–2002

Uncorrected seal density Average (no/km2) uncorrected Year ringed seal Moulton et al. Frost et al. density 2002, 2005 * 2002, 2004 (no/km2)

1997 ...... 0.43 0.73 0.58 1998 ...... 0.39 0.64 0.52 1999 ...... 0.63 0.87 0.75 2000 ...... 0.47 ...... 0.47 2001 ...... 0.54 ...... 0.54 2002 ...... 0.83 ...... 0.83

Average density (no/km2) ...... 0.61 * Water depths >10 ft.

For the period 2000, 2001, and 2002, deformation, presence of meltwater, and In summary, for the purposes of (Moulton et al. 2005) reported ringed percent cloud cover had more estimating take associated with ice road/ seal densities (uncorrected) on landfast conspicuous and statistically-significant trail activities, winter and spring ice during Northstar construction were effects on seal sighting rates than did densities are assumed to be 0.55 and calculated as 0.47, 0.54, and 0.83 seals/ any human-related factors. Thus, the 0.61 seals/km2 (respectively) as shown km2. Based on the average density of intra- and inter-annual variability in in Table 4. surveys flown from 1997 to 2002 the survey conditions and ice Take Estimates uncorrected density of ringed seals characteristics is unavoidable and during the spring is expected to be 0.61 identifying trends in seal abundance or Level B Harassment 2 ringed seals/km . estimating density is challenging. As reported in Frost et al. (2002) To estimate exposures of ringed seals habitat-related variables including water TABLE 4—RINGED SEAL DENSITIES to disturbance that may result in a take, depth, location relative to the fast ice the total area of potential disturbance edge, and ice deformation have shown Spring (i.e., exposure area) associated with to result in substantial and consistent Winter average density average construction and maintenance of the effects on the distribution and (seal/km2) density roads/trails/pads is defined as 170 m (seal/km2) abundance of seals. Moulton et al. (approximately 558 ft) on either side of (2003) and Moulton et al. (2005) also 0.55 ...... 0.61 the road/trail/pad centerline; a total reported that environmental factors width of 340 m (approximately 1,115 ft). such as date, water depth, degree of ice

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83464 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

Again, the total width of the exposure following calculation was used for 30 m west of the western edge of the ice area is 340 m (558 ft). This width is then Northstar ice roads and trails: road shoulder. Therefore, a total width multiplied by the total length of roads/ TAE × D = TES of 420 m has been used to calculate trails likely to be constructed each year TES (winter) + TES (spring) = TEY potential seal exposures at SID as a 2 to calculate the exposure area in km . Where: more conservative approach whereas, Due to the variability in the length of ice TAE = Total Area of Exposure the ice road/trail total width at roads/trails that may be needed from D = Species Density (variable by season) Northstar and ODS is 340 m, as shown year to year, a 10 percent buffer is also TES = Total Estimated Seals Exposed Per in Table 5. added to the total length and is Season Based on the exposure estimates, Eni accounted for in the total area TEY—Total Estimated Seals Exposed Per calculated. The total area of exposure is Year and Hilcorp request takes for Level B then multiplied by the seasonal ringed For example: harassment for the 5-year period as seal density to calculate the total 12.96 km2 (TAE) × 0.55 (winter density per shown in Table 5. Takes are presented estimated ringed seals exposed each km2) = 7.13 seals/winter annually for each company and are season. Since there are two seasons 12.96 km2 (TAE) × 0.61 (spring density per requested for ice road and ice trail during which ringed seals may be km2) = 7.91 seals/spring construction, operation and exposed to ice road activity (winter and 7.13 seals/winter + 7.91 seals/spring = 15.03 maintenance expected to occur between spring), the exposure estimates for seals/year December and May of each year, winter and spring are then added The total width of the ice road and depending on local conditions. Potential together to calculate the total number of trail at SID accounts for the ice trail Level B harassment takes could occur in seals exposed per year. For example, the being constructed approximately 15 to all 5 years.

NMFS does not expect Level A associated with a vibroseis program determined (Richardson and Williams harassment of ringed seal to occur, as outside the barrier islands east of Bullen 2000). noise and visual exposure to Point in the eastern Beaufort Sea While the only recorded mortality of construction activities will not become (MacLean 1998). During a 1999 NMFS a seal occurred in 1998, Eni and Hilcorp injurious as defined for purposes of a workshop to review on-ice monitoring also requested 10 takes for each Level A harassment take under the and research, Dr. Brendan Kelly (then of development over the 5-year period for MMPA. However, it is possible that a the University of Alaska), also indicated potential ringed seal serious injury or seal may be in its lair during ice roads/ that a dead ringed seal pup was found mortality during construction, operation trails construction and thus, it is during his research using trained dogs and maintenance of ice roads and trails. possible for a seal to become crushed by to locate seal structures in the ice. The However, NMFS does not consider construction machinery or vehicle while dead ringed seal pup was located this request to be adequately justified, the road/trail is being erected, resulting approximately 1.5 km (0.9 mi) from the and is concerned that the requested in injury, serious injury, or mortality. A Northstar ice road. No data on the age mortality in this action is much higher detailed discussion of such events is of the pup, date of death, necropsy than other similar actions. provided below. results, or cause of death are available. For instance, in the 2019 Hilcorp Potential Serious Injury or Mortality Therefore, whether ice road Liberty rule for ice road and ice trail construction at Northstar could have construction on the North Slope, there Based on a review of literature and were two lethal takes authorized over contributed to the death of this pup, or monitoring reports from Northstar and the first 5 years (and 8 over the if its death was coincidental to other North Slope projects, there is following 20 years, for 10 total documentation of one seal mortality Northstar activities cannot be mortalities over 25 years). In that action,

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES ER22DE20.012 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83465

four ice roads, totaling 51.5 km in length located approximately 91 km (about 57 upon the affected species or stocks and would be constructed: In Years 1 mi) southwest from Northstar, 40 km their habitat (50 CFR 216.104(a)(11)). through 3, all four roads would be (about 25 mi) from ODS, and 56 km In evaluating how mitigation may or constructed; in Years 4 and 5, only Road (about 35 mi) from SID. Primary may not be appropriate to ensure the #1 would be constructed (11.3 km in subsistence users in the area between least practicable adverse impact on length). By comparing the two actions, Oliktok Point and West Dock are species or stocks and their habitat, as Hilcorp Northstar and Eni are residents from the village of Nuiqsut. well as subsistence uses where constructing more ice roads/trails than People from Utqiagvik (about 309 and applicable, we carefully consider two Hilcorp is at the Liberty site over a 5- 264 km [192 and 164 mi] west of primary factors: year period. Northstar and SID, respectively) and In terms of the distribution of Kaktovik harvest marine mammals that (1) The manner in which, and the construction activities between the two pass through the area but generally do degree to which, the successful companies, Hilcorp is constructing 1.9 not hunt there. Kaktovik is 196 km (122 implementation of the measure(s) is times as many ice road/trail kilometers mi) east of Northstar and 241 km (150 expected to reduce impacts to marine as Eni is at either SID or ODS. However, mi) east of SID. mammals, marine mammal species or Eni’s construction activities encompass Nuiqsut hunters harvest ringed seals stocks, and their habitat, as well as two separate sites and each have the primarily during open water periods in subsistence uses. This considers the potential to encounter inhabited seal July through August. In summer, boat nature of the potential adverse impact lairs given an assumed equal crews hunt ringed, spotted and bearded being mitigated (likelihood, scope, distribution of species. Based on these seals. The most important seal hunting range). It further considers the factors, NMFS is authorizing three area for Nuiqsut hunters is off the likelihood that the measure will be serious injury/mortalities for ice road/ Colville Delta, as far east as Pingok effective if implemented (probability of trail activities at each of Eni’s sites (Spy Island. The closest edge of the main accomplishing the mitigating result if Island and Oooguruk), and six serious sealing area at Pingok Island, is about 27 implemented as planned), the injury/mortalities at Hilcorp’s Northstar km (17 mi) west of Northstar (SRBA likelihood of effective implementation site, all over 5 years. A summary of 2010, Galginaitis 2014). While less (probability implemented as planned), serious injury/mortality for Hilcorp and frequent than open water hunting, seals and; Eni over the 5-year period is provided are taken by hunters on snow machines (2) The practicability of the measures in Table 6. before break-up. for applicant implementation, which In summary, Hilcorp and Eni’s ice may consider such things as cost, TABLE 6—TOTAL ESTIMATED RINGED roads and ice trails construction projects impact on operations, and, in the case SEAL TAKES ANNUALLY AND OVER would occur far away from subsistence of a military readiness activity, THE 5-YEAR LOA PERIOD activities, and would be conducted personnel safety, practicality of during the time few subsistence implementation, and impact on the Serious injury/ activities occur. In winter and spring, effectiveness of the military readiness mortality for 5 years small numbers of ringed seals may be activity. disturbed and possibly displaced from Eni SID ...... 3 the immediate locations of the ice roads Mitigation for Marine Mammals and Eni ODS ...... 3 and trails shown on Figures 1 through Their Habitat Hilcorp Northstar ...... 6 4. Seal hunters would likely avoid the For Hilcorp and Eni’s ice roads and areas near SID, Northstar and ODS in Total ...... 12 trails construction project, Hilcorp and favor of less developed more productive Eni worked with NMFS and proposed areas closer to the main sealing areas the following mitigation measures to Effects of Specified Activities on near the Colville River delta. Therefore, minimize the potential impacts to Subsistence Uses of Marine Mammals construction and maintenance of the ice marine mammals in the project vicinity. roads and trails is unlikely to impact Subsistence hunting continues to be The primary purposes of these subsistence hunting of ringed seals. an essential aspect of Inupiat Native life, mitigation measures are to minimize especially in rural coastal villages. The Mitigation human-seal interactions and to avoid Inupiat participate in subsistence takes by serious injury/mortality from hunting activities in and around the In order to issue an LOA under the activities, to monitor marine Beaufort Sea. The animals taken for Section 101(a)(5)(A) of the MMPA, mammals within designated zones of subsistence provide a significant portion NMFS must set forth the permissible influence in the project vicinity and, if of the food that will last the community methods of taking pursuant to such seals are within the designated through the year. Marine mammals activity, and other means of effecting shutdown zone after March 1 during the represent on the order of 60–80 percent the least practicable impact on such pupping season, to initiate immediate of the total subsistence harvest. Along species or stock and its habitat, paying pause of all construction activities, with the nourishment necessary for particular attention to rookeries, mating making it very unlikely potential injury survival, the subsistence activities grounds, and areas of similar strengthen bonds within the culture, significance, and on the availability of or serious injury/mortality to seals provide a means for educating the such species or stock for taking for would occur and ensuring that Level B younger generation, provide supplies for certain subsistence uses. NMFS behavioral harassment of seals would be artistic expression, and allow for regulations require applicants for ITAs reduced to the lowest level practicable. important celebratory events. to include information about the Construction activities may result after The ice roads/trails construction availability and feasibility (economic the seals leave the shutdown zone on projects are generally remote from and technological) of equipment, their own. subsistence use areas. Nuiqsut is the methods, and manner of conducting The prescribed mitigation and closest Native Alaskan community to such activity or other means of effecting monitoring measures are described the Northstar, ODS and SID facilities; the least practicable adverse impact below.

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83466 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

Wildlife Training locations, so vehicles travel on ice disturbed area and when safety of Prior to initiation of sea ice road- and roads/trails will not deviate to personnel is ensured; • If a seal is observed on ice within ice trail-related activities, project undisturbed areas; and • Personnel will be instructed to 50 m (164 ft) of the centerline of the ice personnel associated with ice road remain in the vehicle and safely road/trail, the following mitigation construction, maintenance, use or continue, if they encounter a ringed seal measure will be implemented; and decommissioning (i.e., ice road while driving on the road. • Construction, maintenance or construction workers, surveyors, decommissioning activities associated security personnel, and the Mitigation Measures After March 1st with ice roads and trails will not occur environmental team) will receive annual After March 1st, and continuing until within 50 m (164 ft) of the observed training on implementing mitigation decommissioning of ice roads/trails in ringed seal, but may proceed as soon as and monitoring measures. Personnel are late May or early June, the on-ice the ringed seal, of its own accord, moves advised that interactions with, or activities mentioned above can occur farther than 50 m (164 ft) distance away approaching, any wildlife is prohibited. anywhere on sea ice where water depth from the activities or has not been Annual training also includes reviewing is less than 3 m (10 ft) (i.e., habitat is observed within that area for at least 24 the company’s Wildlife Management not suitable for ringed seal lairs). hours. Transport vehicles (i.e., vehicles Plan. In addition to the mitigation and However, if the water is greater than 3 not associated with construction, monitoring plans, other topics in the m (10 ft) in depth, these activities maintenance or decommissioning) may training will include: should only occur within the • continue their route within the Ringed Seal Identification and Brief boundaries of the driving lane or designated road/trail without stopping. Life History; shoulder area of the ice road/trail and • Physical Environment (habitat other areas previously disturbed (e.g., Monitoring and Reporting characteristics and how to potentially spill and emergency response areas, In order to issue an LOA for an identify habitat); snow push areas) when the safety of activity, Section 101(a)(5)(A) of the • Ringed Seal Use in the Ice Road personnel is ensured. MMPA states that NMFS must set forth Region (timing, location, habitat use, In addition to the general Mitigation requirements pertaining to the birthing lairs, breathing holes, basking, Measures, the following measures will monitoring and reporting of such taking. etc.); also be implemented after March 1st: The MMPA implementing regulations at • Potential Effects of Disturbance; and • Ice road/trail construction, 50 CFR 216.104 (a)(13) indicate that • Importance of Lairs, Breathing maintenance and decommissioning will requests for authorizations must include Holes and Basking to Ringed Seals. be performed within the boundaries of the suggested means of accomplishing General Mitigation Measures the road/trail and shoulders, with most the necessary monitoring and reporting Implemented Throughout the Ice Road/ work occurring within the driving lane. that will result in increased knowledge Trail Season To the extent practicable and when of the species and of the level of taking safety of personnel is ensured, or impacts on populations of marine General mitigation measures will be equipment will travel within the driving mammals that are expected to be implemented through the entire ice lane and shoulder areas; present in the action area. Effective road/trail season (December through • Blading and snow blowing of ice reporting is critical both to compliance May) including during construction, roads will be limited to the previously as well as ensuring that the most value maintenance, use and decommissioning. disturbed ice road/shoulder areas to the is obtained from the required • Ice road/trail speed limits will be extent safe and practicable. Snow will monitoring. no greater than approximately 74.5 km be plowed or blown from the ice road Monitoring and reporting (45 miles) per hour (mph) under typical surface; requirements prescribed by NMFS circumstances but may be exceeded in • In the event snow is accumulating should contribute to improved emergency situations. Travel on ice on a road within a 50 m (164 ft) radius understanding of one or more of the roads and trails is restricted to industry of an identified downwind seal or seal following: staff; lair (as identified by seal ice structure), • Occurrence of marine mammal • Following existing safety measures, operational measures will be used to species or stocks in the area in which delineators will mark the roadway in a avoid seal impacts, such as pushing take is anticipated (e.g., presence, minimum of 0.4 km (1⁄4-mile) snow further down the road before abundance, distribution, density); increments on both sides of the ice road blowing it off the roadway. Vehicles • Nature, scope, or context of likely to delineate the path of vehicle travel will not stop within 50 m (164 ft) of marine mammal exposure to potential and areas of planned on-ice activities identified seals or within 150 m (500 ft) stressors/impacts (individual or (e.g., emergency response exercises). of known seal lairs; cumulative, acute or chronic), through Following existing safety measures • When safety of personnel is better understanding of: (1) Action or currently used for ice trails, delineators ensured, tracked vehicle operation will environment (e.g., source will mark one side of an ice trail a be limited to the previously disturbed characterization, propagation, ambient minimum of every 0.4 km (1⁄4 mile). ice trail areas. When safety requires a noise); (2) affected species (e.g., life Delineators will be color-coded, new ice trail to be constructed after history, dive patterns); (3) co-occurrence following existing safety protocol, to March 1st, construction activities such of marine mammal species with the indicate the direction of travel and as drilling holes in the ice to determine action; or (4) biological or behavioral location of the ice road or trail. These ice quality and thickness, will be context of exposure (e.g., age, calving or measures will ensure that vehicles stay conducted only during daylight hours feeding areas); on disturbed ice roads/trails and will with good visibility. Ringed seal • Individual marine mammal not deviate to undisturbed areas; structures will be avoided by a responses (behavioral or physiological) • Corners of rig mats, steel plates, and minimum of 50 m (164 ft) during ice to acoustic stressors (acute, chronic, or other materials used to bridge sections testing and new trail construction. Once cumulative), other stressors, or of hazardous ice, will be clearly marked the new ice trail is established, tracked cumulative impacts from multiple or mapped using GPS coordinates of the vehicle operation will be limited to the stressors;

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83467

• How anticipated responses to • Observers for ice road activities • Activities occurring during stressors impact either: (1) Long-term need not be trained Protected Species observation including equipment being fitness and survival of individual Observers (PSOs), but they must have used and its purpose, and approximate marine mammals; or (2) populations, received the training described above distance to ringed seal(s); species, or stocks; and understand the applicable sections • Actions taken to mitigate effects of • Effects on marine mammal habitat of the Wildlife Interaction Plan. In interaction emphasizing: (1) Which (e.g., marine mammal prey species, addition, they must be capable of mitigation and/or monitoring measures acoustic habitat, or other important detecting, observing and monitoring were successful; (2) which mitigation physical components of marine ringed seal presence and behaviors, and and/or monitoring measures may need mammal habitat); and accurately and completely recording to be improved to reduce interactions • Mitigation and monitoring data; and with ringed seals; (3) the effectiveness effectiveness. • Observers will have no other and practicality of implementing primary duty than to watch for and General Monitoring Measures mitigation and monitoring measures; (4) report observations related to ringed Implemented Throughout the Ice Road/ any issues or concerns regarding seals during this survey. If weather Trail Season implementation of mitigation and/or conditions become unsafe, the observer monitoring measures; and (5) potential General monitoring measures will be may be removed from the monitoring effects of interactions based on implemented through the entire ice activity. observation data; road/trail season including during If a ringed seal structure (i.e., • Proposed updates (if any) to construction, maintenance, use and breathing hole or lair) is observed Wildlife Management Plan(s) or decommissioning. within 150 m (500 ft) of the ice road/ Mitigation and Monitoring Measures; Hilcorp and Eni are required to trail, the location of the structure will be and implement the following monitoring reported to the Environmental Specialist • The methods used for detection of measures. who will then carry out notification seals and seal structures with an If a ringed seal is observed within 50 protocol identified above and: assessment of their effectiveness. m (164 ft) of the center of an ice road • An observer will monitor the In the event that personnel involved or trail, the operator’s Environmental structure every 6 hours on the day of the in the construction activities discover Specialist will be immediately notified initial sighting to determine whether a an injured or dead marine mammal, with the information provided in the ringed seal is present. Monitoring for Hilcorp or Eni shall report the incident Reporting section below. the seal will occur every other day the • The Environmental Specialist will to the Office of Protected Resources ice road is being used unless it is (OPR) (301–427–8401), NMFS and to relay the seal sighting location determined the structure is not actively information to all ice road personnel the Alaska Region (AKR) regional being used (i.e., a seal is not sighted at stranding coordinator (1–877–925– and the company’s office personnel that location during monitoring). A lair responsible for wildlife interaction, 7773). or breathing hole does not automatically If in the rare event a seal is killed or following notification protocols imply that a ringed seal is present. described in the company-specific seriously injured by ice road/trail Wildlife Management Plan. All other Engaging With Subsistence Hunters for activities, NMFS must be notified data will be recorded and logged. Monitoring Recommendations immediately. If an ice road/trail • The Environmental Specialist or In addition, Hilcorp and Eni are personnel discover a dead or injured designated person will monitor the required to (1) engage local hunters seal but the cause of injury or death is ringed seal to document the animal’s through the Ice Seal Committee point of unknown or believed not to be related location relative to the road/trail. All contact to gather recommendations on to ice road/trail activities, NMFS must work that is occurring when the ringed methods for ringed seal detection along be notified within 48 hours of seal is observed and the behavior of the sea ice roads/trails within the exposure discovery. seal during those activities will be areas, and (2) incorporate these Mitigation for Subsistence Uses of documented until the animal is at least recommendations into Hilcorp and Eni’s Marine Mammals or Plan of 50 m (164 ft) away from the center of the training materials provided to personnel Cooperation road/trail or is no longer observed. responsible for monitoring for ringed • The Environmental Specialist or seals along sea ice roads/trails. Regulations at 50 CFR 216.104(a)(12) designated person will contact further require ITA applicants appropriate state and Federal agencies Reporting conducting activities that take place in as required. Hilcorp and Eni are required to Arctic waters to provide a POC or submit a draft report on all ringed seals information that identifies what Monitoring Measures After March 1st observed annually under the LOA measures have been taken and/or will In addition to the general Monitoring within 90 calendar days of be taken to minimize adverse effects on Measures, the following measures will decommissioning the ice road/trail. A the availability of marine mammals for also be implemented after March 1st: final report shall be prepared and subsistence purposes. A plan must If an ice road or trail is being actively submitted within 30 days following include the following: used, under daylight conditions with resolution of comments on the draft • A statement that the applicant has good visibility, a dedicated observer report from NMFS. If 30 days have notified and provided the affected (not the vehicle operator) will conduct passed and Hilcorp or Eni does not subsistence community with a draft a survey along the sea ice road/trail to receive comments from NMFS, the draft plan of cooperation; observe if any ringed seals are within report is considered to be final. The • A schedule for meeting with the 150 m (500 ft) of the roadway corridor. report must include: affected subsistence communities to The following survey protocol will be • Date, time, location of observation; discuss proposed activities and to implemented: • Ringed seal characteristics (i.e., resolve potential conflicts regarding any • Surveys will be conducted every adult or pup, behavior (avoidance, aspects of either the operation or the other day during daylight hours; resting, etc.); plan of cooperation;

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83468 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

• A description of what measures the in place for Northstar by BPXA. The determination. In addition to applicant has taken and/or will take to policy is a commitment to the eleven considering estimates of the number of ensure that proposed activities will not whaling villages, the Inupiat marine mammals that might be ‘‘taken’’ interfere with subsistence whaling or Community and the Siberian Yupik through harassment, NMFS considers sealing; and Community to establish financial other factors, such as the likely nature • What plans the applicant has to assurance in the event of an oil spill. of any responses (e.g., intensity, continue to meet with the affected While the focus is on bowhead whales, duration), the context of any responses communities, both prior to and while the policy does include other Arctic (e.g., critical reproductive time or conducting the activity, to resolve marine resources including ringed seals. location, migration), as well as effects conflicts and to notify the communities The Good Neighbor Policy also outlines on habitat, and the likely effectiveness of any changes in the operation. how Hilcorp would provide of the mitigation. We also assess the As discussed earlier, Hilcorp and transportation for the subsistence number, intensity, and context of Eni’s ice roads and trails construction is community to alternate hunting areas in estimated takes by evaluating this expected to have no unmitigable the event that a spill prevents the use of information relative to population adverse impacts on subsistence use of Cross Island or other hunting areas. It status. Consistent with the 1989 marine mammals in the project area, also has provisions for providing preamble for NMFS’s implementing and the construction projects would interim alternative food supplies to regulations (54 FR 40338; September 29, occur in areas away from subsistence community members, along with 1989), the impacts from other past and activities during the time when there is counselling and cultural assistance. ongoing anthropogenic activities are no subsistence activities. Nevertheless, Hilcorp is committed to adhering to the incorporated into this analysis via their both Hilcorp and Eni have developed CAA and Good Neighbor Policy for the impacts on the environmental baseline POCs to ensure that no impact would duration of North Slope operations as (e.g., as reflected in the regulatory status occur. Both companies have been necessary. of the species, population size and engaging the communities of Utqiagvik growth rate where known, ongoing Eni and Nuiqsut to share information about sources of human-caused mortality, and planned exploration/development To help minimize disturbances to specific consideration of take by serious activities and to maintain dialogue marine mammal subsistence resources, injury/mortality previously authorized about measures to minimize potential Eni also signs a CAA each year with the for other NMFS research activities). impacts on the subsistence harvest of AEWC and Whaling Captains’ seals or whales. For the ice roads and Associations of nearby North Slope Serious Injury and Mortality ice trails construction and maintenance communities. The CAA describes NMFS is authorizing a very small activities, Hilcorp and Eni developed measures to minimize any adverse number of serious injuries or mortalities further mitigation and monitoring effects on the availability of bowhead that could occur incidental to ice roads measures to minimize the potential whales for subsistence use. Eni also and ice trails construction and impacts to subsistence use of marine conducted multiple community maintenance. mammals in the area. These measures meetings and meetings with subsistence NMFS considers many factors, when are described below. organizations such as the AEWC and available, in making a negligible impact NWCA to establish and maintain determination, including, but not Hilcorp positive relationships with locals that limited to, the status of the species or To help minimize disturbances to rely on subsistence resources in the stock relative to the OSP level (if marine mammal subsistence resources, area. known), whether the recruitment rate Hilcorp has signed a CAA with the Based on our evaluation of the for the species or stock is increasing, Alaska Eskimo Whaling Commission applicant’s proposed measures, NMFS decreasing, stable, or unknown, the size (AEWC) and Whaling Captains’ has determined that the mitigation and distribution of the population, and Associations of nearby North Slope measures provide the means effecting existing impacts and environmental communities. The CAA describes the least practicable impact on the conditions. The PBR metric can help measures to minimize any adverse affected species or stocks and their inform the potential effects of serious effects on the availability of bowhead habitat, paying particular attention to injury and mortality caused by activities whales for subsistence use. Hilcorp also rookeries, mating grounds, and areas of authorized under Section 101(a)(5)(A) of conducts the Cross Island whaling similar significance, and on the the MMPA on marine mammal stocks. survey every year to document any availability of such species or stock for PBR is defined in the MMPA (16 conflicts and ensure that operations subsistence uses. U.S.C. 1362(20)) as the maximum continue to be compatible with the number of animals, not including Negligible Impact Analysis and hunt. natural mortalities, that may be removed The CAA and much of the Determination from a marine mammal stock while coordination focus on whales and NMFS has defined negligible impact allowing that stock to reach or maintain whaling activities. To date, the Native as an impact resulting from the its OSP, and is a measure to be community has not expressed concerns specified activity that cannot be considered when evaluating the effects over interactions with seals, particularly reasonably expected to, and is not of serious injury and mortality on a during the ice-covered seasons. Hilcorp reasonably likely to, adversely affect the marine mammal species or stock. OSP is states that it will continue to address species or stock through effects on defined by the MMPA (16 U.S.C. questions and concerns from annual rates of recruitment or survival 1362(9)) as the number of animals community members, and continue to (50 CFR 216.103). A negligible impact which will result in the maximum provide them with contact information finding is based on the lack of likely productivity of the population or the of project management to which they adverse effects on annual rates of species, keeping in mind the carrying can direct concerns related to Northstar recruitment or survival (i.e., population- capacity of the habitat and the health of operations. level effects). An estimate of the number the ecosystem of which they form a In addition, Hilcorp has adopted the of takes alone is not enough information constituent element. PBR values are ‘‘Good Neighbor Policy’’ originally put on which to base an impact calculated by NMFS as the level of

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83469

annual removal from a stock that will Fisheries Science Center fisheries • The only harassment is Level B allow that stock to equilibrate within research activities in the Arctic (84 FR harassment in the form of brief and OSP at least 95 percent of the time. 46788; September 5, 2019). This localized behavioral disturbance and To specifically use PBR, along with authorization authorizes up to four avoidance; other factors, to evaluate the effects of mortalities annually over the 5-year • The amount of takes, by serious injury and mortality, we first regulation. In the case of the Hilcorp-Eni harassment, is low compared to calculate a metric that incorporates ice roads and ice trails construction, the population sizes; information regarding ongoing authorized taking, by serious injury and • Critical behaviors such as lairing anthropogenic serious injury and mortality, of 12 ringed seals over the and pupping by ringed seals would be mortality into the PBR value (i.e., PBR course of 5 years, equates to an average avoided and minimized through of less than four seals serious injury/ minus the total annual anthropogenic implementation of ice road Best mortality annually. This number is far mortality/serious injury estimate), Management Plans; which is called ‘‘residual PBR’’. We less than the 10 percent r-PBR of 405 • No long lasting modification in then consider how the anticipated seals, when considering mortality and serious injuring caused by other marine mammal habitat; and potential incidental serious injury and • mortality from the activities being anthropogenic sources. This amount of Ice roads/trails construction and evaluated compares to residual PBR. take, by mortality and serious injury, is maintenance would only occur between Anticipated or potential serious injury considered insignificant and therefore December and May each year. and mortality that exceeds residual PBR supports our negligible impact finding. Based on the analysis contained is considered to have a higher Harassment herein of the likely effects of the likelihood of adversely affecting rates of specified activity on marine mammals Hilcorp and Eni requested, and NMFS recruitment or survival, while and their habitat, and taking into is authorizing, take, by Level B anticipated serious injury and mortality consideration the implementation of the harassment, of ringed seals. The amount that is equal to or less than residual PBR monitoring and mitigation measures, of taking to be authorized is low has a lower likelihood (both examples NMFS finds that the total marine compared to marine mammal given without consideration of other mammal take from the activity will have abundance. Potential impacts of types of take, which also factor into a a negligible impact on all affected Hilcorp-Eni’s ice roads and ice trails negligible impact determination). For a marine mammal species or stocks. construction activities are mostly from species or stock with incidental serious behavioral disturbances due to exposure Small Numbers injury and mortality less than 10 to machinery and human activity. The As noted above, only small numbers percent of residual PBR, we consider potential effect of the Level B serious injury and mortality from the of incidental take may be authorized harassment is expected to be localized under Section 101(a)(5)(A) of the MMPA specified activities to represent an and brief. The construction crew would for specified activities. The MMPA does insignificant incremental increase in be required to closely monitor ringed not define small numbers and so, in ongoing anthropogenic serious injury seals in the vicinity of the project practice, where estimated numbers are and mortality that alone (i.e., in the activity and to make sure that potential available, NMFS compares the number absence of any other take) cannot affect impacts are within the levels that are of individuals taken to the most annual rates of recruitment and analyzed. survival. In summary and as described above, appropriate estimation of abundance of Regarding the impacts of the specified the following factors primarily support the relevant species or stock in our activities analyzed here, a stock-wide our determination that the impacts determination of whether an PBR for ringed seals is unknown; resulting from this activity are not authorization is limited to small however, Muto et al. (2019) estimate expected to adversely affect the species numbers of marine mammals. PBR for ringed seals in the Bearing Sea or stock through effects on annual rates Additionally, other qualitative factors alone to be 4,755 seals. Total annual of recruitment or survival: may be considered in the analysis, such mortality and serious injury is 700 for • Only 12 ringed seals are authorized as the temporal or spatial scale of the a residual PBR (r-PBR) of 4,055, which to be taken by serious injury/mortality activities. means that the 10 percent insignificance over 5 years; i.e., less than 0.1 percent The amount of total taking (i.e., Level threshold is 406 seals. Currently there is of residual PBR (considering only a B harassment and serious injury/ one authorized MMPA ITA authorizing partial abundance estimate); mortality) of ringed seal each year is less takes of serious injury/mortality of • No injury by permanent hearing than 1 percent of the population (Table ringed seals as a result of NMFS Alaska threshold shift is expected; 7).

TABLE 7—AMOUNT OF RINGED SEAL AUTHORIZED TAKE RELATIVE TO POPULATION ESTIMATES (Nbest)

Population Percent of Species Stock estimate Total take population

Ringed seal ...... Alaska ...... 170,000 27 <1

Based on the analysis contained be taken relative to the population sizes have an ‘‘unmitigable adverse impact’’ herein of the activity (including the of the affected species or stocks. on the subsistence uses of the affected prescribed mitigation and monitoring marine mammal species or stocks by Impact on Availability of Affected measures) and the anticipated take of Alaskan Natives. NMFS has defined Species for Taking for Subsistence Uses marine mammals, NMFS finds that ‘‘unmitigable adverse impact’’ in 50 CFR small numbers of marine mammals will In order to issue an ITA, NMFS must 216.103 as an impact resulting from the find that the specified activity will not specified activity: (1) That is likely to

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83470 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

reduce the availability of the species to modifications would have a reasonable action is not likely to result in jeopardy a level insufficient for a harvest to meet likelihood of reducing adverse effects to to the species named above or adversely subsistence needs by: (i) Causing the marine mammals and if the measures modify their critical habitat. marine mammals to abandon or avoid are practicable. Classification hunting areas; (ii) Directly displacing The following are some of the subsistence users; or (iii) Placing possible sources of applicable data to be Pursuant to the procedures physical barriers between the marine considered through the adaptive established to implement Executive mammals and the subsistence hunters; management process: (1) Results from Order 12866, the Office of Management and (2) That cannot be sufficiently monitoring reports, as required by and Budget has determined that this mitigated by other measures to increase MMPA authorizations; (2) results from final rule is not significant. the availability of marine mammals to general marine mammal and sound Pursuant to section 605(b) of the allow subsistence needs to be met. research; and (3) any information which Regulatory Flexibility Act (RFA), the As described in the Effects of reveals that marine mammals may have Chief Counsel for Regulation of the Specified Activities on Subsistence Uses been taken in a manner, extent, or Department of Commerce certified to of Marine Mammals section of the number not authorized by these the Chief Counsel for Advocacy of the document, ringed seal is one of the key regulations or subsequent LOAs. Small Business Administration at the subsistence species that is being proposed rule stage that this action will harvested by native subsistence users. National Environmental Policy Act not have a significant economic impact However, the ice roads/trails To comply with the National on a substantial number of small construction and maintenance would Environmental Policy Act of 1969 entities. Hilcorp and Eni are the only occur far from any subsistence activities (NEPA; 42 U.S.C. 4321 et seq.) and entities that would be subject to the and would be separated temporarily NOAA Administrative Order (NAO) requirements in these final regulations. from subsistence activities. In addition, 216–6A, NMFS must review our During construction, Hilcorp and Eni Hilcorp and Eni have proposed and proposed action (i.e., the promulgation would employ or contract hundreds of NMFS has included several mitigation of regulations and subsequent issuance people and the ice roads and trails measures to address potential impacts of incidental take authorization) with construction would generate a large sum on the availability of marine mammals respect to potential impacts on the of revenues. Therefore, Hilcorp and Eni for subsistence use. In addition, both human environment. are not small governmental Hilcorp and Eni have developed POCs Accordingly, NMFS prepared an jurisdictions, small organizations, or and worked with subsistence use Environmental Assessment (EA) and small businesses, as defined by the RFA. communities in the vicinity of the issued a Finding of No Significant No comments were received regarding project areas. Hilcorp and Eni further Impact (November 2020) to consider the this certification or on the economic indicate that they will sign a CAA to environmental impacts associated with impacts of the rule more generally. As ensure that there will be no unmitigable the final rule. a result, a regulatory flexibility analysis impact on subsistence uses of marine NMFS’ final EA is available online at is not required and none has been mammals during the ice roads and ice https://www.fisheries.noaa.gov/permit/ prepared. Notwithstanding any other trails construction and maintenance. incidental-take-authorizations-under- provision of law, no person is required Based on the description of the marine-mammal-protection-act. to respond to nor must a person be specified activity, the measures subject to a penalty for failure to comply described to minimize adverse effects Endangered Species Act (ESA) with a collection of information subject on the availability of marine mammals Section 7(a)(2) of the ESA of 1973 (16 to the requirements of the Paperwork for subsistence purposes, and the U.S.C. 1531 et seq.) requires that each Reduction Act (PRA) unless that mitigation and monitoring measures, Federal agency insure that any action it collection of information displays a NMFS has determined that there will authorizes, funds, or carries out is not currently valid OMB control number. not be an unmitigable adverse impact on likely to jeopardize the continued This final rule contains collection-of- subsistence uses from Hilcorp and Eni’s existence of any endangered or information requirements subject to the activities. threatened species or result in the provisions of the PRA. These destruction or adverse modification of requirements have been approved by Adaptive Management designated critical habitat. To ensure OMB under control number 0648–0151 The regulations governing the take of ESA compliance for the issuance of and include applications for regulations, marine mammals incidental to Hilcorp ITAs, NMFS consults internally, in this subsequent LOAs, and reports. and Eni’s ice roads/trails construction case with the Alaska Region Protected Waiver of Delay in Effective Date and maintenance activities contain an Resources Division, whenever we adaptive management component. propose to authorize take for The Assistant Administrator for The reporting requirements associated endangered or threatened species. NMFS has determined that there is good with this final rule are designed to Pursuant to the MMPA and through cause under the Administrative provide NMFS with monitoring data these regulations and the associated Procedure Act (5 U.S.C. 553(d)(3)) to from the previous year to allow LOA, NMFS is authorizing take of waive the 30-day delay in the effective consideration of whether any changes Alaska stock of ringed seal, which is date of this final rule. No individual or are appropriate. The use of adaptive listed under the ESA. entity other than Hilcorp and Eni is management allows NMFS to consider The Permit and Conservation Division affected by the provisions of these new information from different sources requested initiation of section 7 regulations. Hilcorp and Eni have to determine (with input from Hilcorp consultation with the Alaska Region informed NMFS that they request that and Eni regarding practicability) on an Protected Resources Division for the this final rule take effect as soon as is annual or biennial basis if mitigation or promulgation of 5-year regulations and possible so as to avoid the potential for monitoring measures should be the subsequent issuance of LOAs. The disruption in Hilcorp and Eni’s planned modified (including additions or Alaska Region Protected Resources activities. The delay in the issuance of deletions). Mitigation measures could be Division issued a Biological Opinion the final rule would cause serious modified if new data suggests that such (March 2020) concluding that NMFS’ impacts on operations by Hilcorp and

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83471

Eni in the project areas, as the Subpart P—Taking Marine Mammals marine mammal for taking for companies rely on the short ice-covered Incidental to Ice Roads and Ice Trails subsistence uses. season for various activities on the Construction and Maintenance on § 217.154 Mitigation requirements. North Slope. NMFS was unable to Alaska’s North Slope accommodate the 30-day delay of When conducting the activities § 217.150 Specified activity and specified identified in § 217.150(a), the mitigation effectiveness period due to the need for geographical region. measures contained in any LOA issued additional time to address public (a) Regulations in this subpart apply under §§ 216.106 of this chapter and comment and carry out required only to Hilcorp Alaska, LLC (Hilcorp) 217.156 must be implemented. These reviews, including, in particular, to and Eni US Operating Co. Inc. (Eni) and mitigation measures shall include but ensure an accurate assessment of the those persons they authorize or fund to are not limited to: likelihood of seal mortality and serious conduct activities on their behalf for the (a) General conditions. (1) Hilcorp injury from Hilcorp and Eni’s taking of marine mammals that occurs and Eni must renew, on an annual basis, construction activities. For these in the areas outlined in paragraph (b) of the Plans of Cooperation (POCs), reasons, NMFS finds good cause to this section and that occurs incidental throughout the life of the regulations; waive the 30-day delay in the effective to construction and maintenance of ice (2) Copies of any issued LOAs must date. roads and ice trails. be in the possession of Hilcorp and Eni, their designees, and work crew List of Subjects in 50 CFR Part 217 (b) The taking of marine mammals by Hilcorp and Eni may be authorized in personnel operating under the authority Administrative practice and two Letters of Authorization (LOAs) of the issued LOAs; and procedure, Alaska, Endangered and only if it occurs on Alaska’s North (3) Prior to initiation of sea ice road- threatened species, Indians, Marine Slope. and ice trail-related activities, project mammals, Oil and gas exploration, personnel associated with ice road § 217.151 Effective dates. construction, maintenance, use or Reporting and recordkeeping Regulations in this subpart are decommissioning must receive annual requirements, Wildlife. effective from December 22, 2020 training on implementing mitigation Dated: November 24, 2020. through November 30, 2025. and monitoring measures: Samuel D. Rauch, III, (i) Personnel must be advised that § 217.152 Permissible methods of taking. Deputy Assistant Administrator for interactions with, or approaching, any Regulatory Programs, National Marine Under LOAs issued pursuant to wildlife is prohibited; Fisheries Service. §§ 216.106 of this chapter and 217.156, (ii) Annual training must also include the Holders of the LOAs (hereinafter reviewing Hilcorp and Eni’s Wildlife For reasons set forth in the preamble, ‘‘Hilcorp’’ and ‘‘Eni’’) may incidentally, Management Plan; and 50 CFR part 217 is amended as follows: but not intentionally, take marine (iii) In addition to the mitigation and mammals within the area described in monitoring plans, other topics in the PART 217—REGULATIONS § 217.150(b) by mortality, serious injury, training must include: GOVERNING THE TAKE OF MARINE Level A harassment, or Level B (A) Ringed seal identification and MAMMALS INCIDENTAL TO harassment associated with ice road and brief life history; SPECIFIED ACTIVITIES ice trail construction and maintenance (B) Physical environment (habitat activities, provided the activities are in characteristics and how to potentially ■ 1. The authority citation for part 217 compliance with all terms, conditions, identify habitat); continues to read as follows: and requirements of the regulations in (C) Ringed seal use in the ice road this subpart and the appropriate LOAs. region (timing, location, habitat use, Authority: 16 U.S.C. 1361 et seq., unless birthing lairs, breathing holes, basking, otherwise noted. § 217.153 Prohibitions. etc.); Notwithstanding takings ■ 2. Add subpart P to read as follows: (D) Potential effects of disturbance; contemplated in § 217.152 and and Subpart P—Taking Marine Mammals authorized by the LOAs issued under (E) Importance of lairs, breathing Incidental to Ice Roads and Ice Trails §§ 216.106 of this chapter and 217.156, holes and basking to ringed seals. Construction and Maintenance on no person in connection with the (b) General mitigation measures activities described in § 217.150 may: Alaska’s North Slope throughout the Ice Road/Trail Season (a) Violate, or fail to comply with, the (December through May). (1) Ice road/ Sec. terms, conditions, and requirements of trail speed limits must be no greater 217.150 Specified activity and specified this subpart or an LOA issued under than 72.4 km (45 miles) per hour (mph); geographical region. §§ 216.106 of this chapter and 217.156; speed limits must be determined on a 217.151 Effective dates. (b) Take any marine mammal not case-by-case basis based on 217.152 Permissible methods of taking. specified in such LOAs; environmental, road conditions and ice 217.153 Prohibitions. (c) Take any marine mammal road/trail longevity considerations; 217.154 Mitigation requirements. specified in such LOAs in any manner (2) Following existing safety 217.155 Requirements for monitoring and other than as specified; measures, delineators must mark the reporting. (d) Take a marine mammal specified roadway in a minimum of 0.4 km (1⁄4- 217.156 Letters of Authorization. in such LOAs if NMFS determines such mile) increments on both sides of the ice 217.157 Renewals and modifications of taking results in more than a negligible road to delineate the path of vehicle Letters of Authorization. impact on the species or stocks of such travel and areas of planned on-ice 217.158–217.159 [Reserved] marine mammal; or activities (e.g., emergency response (e) Take a marine mammal specified exercises). Following existing safety in such LOAs if NMFS determines such measures currently used for ice trails, taking results in an unmitigable adverse delineators must mark one side of an ice impact on the species or stock of such trail a minimum of every 0.4 km (1⁄4

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00067 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES 83472 Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations

mile). Delineators must be color-coded, (i) Construction, maintenance or corridor. The following survey protocol following existing safety protocol, to decommissioning activities associated must be implemented: indicate the direction of travel and with ice roads and trails must not occur (i) Surveys must be conducted every location of the ice road or trail; within 50 m (164 ft) of the observed other day during daylight hours; (3) Corners of rig mats, steel plates, ringed seal, but may proceed as soon as (ii) Observers for ice road activities and other materials used to bridge the ringed seal, of its own accord, moves must have received the training sections of hazardous ice, must be farther than 50 m (164 ft) distance away described in § 217.154(a) and clearly marked or mapped using GPS from the activities or has not been understand the applicable sections of coordinates of the locations; and observed within that area for at least 24 the Wildlife Interaction Plan; (4) Personnel must be instructed to hours; and (iii) Observers for ice road activities remain in the vehicle and safely (ii) Transport vehicles (i.e., vehicles must be capable of detecting, observing continue, if they encounter a ringed seal not associated with construction, and monitoring ringed seal presence while driving on the road. maintenance or decommissioning) may and behaviors, and accurately and (c) Additional mitigation measures continue their route within the completely recording data; after March 1st. In addition to the designated road/trail without stopping. (iv) Observers must have no other general mitigation measures listed in primary duty than to watch for and § 217.154(b), the following measures § 217.155 Requirements for monitoring report observations related to ringed must also be implemented after March and reporting. seals during this survey; and 1st: (a) All marine mammal monitoring (v) If weather conditions become (1) Ice road/trail construction, must be conducted in accordance with unsafe, the observer may be removed maintenance and decommissioning Hilcorp and Eni’s Marine Mammal from the monitoring activity. must be performed within the Mitigation and Monitoring Plan (4MP). (2) If a ringed seal structure (i.e., boundaries of the road/trail and This plan may be modified throughout breathing hole or lair) is observed shoulders, with most work occurring the life of the regulations upon NMFS within 50 m (150 ft) of the ice road/trail, within the driving lane. To the extent review and approval. the location of the structure must be practicable and when safety of (b) General monitoring measures will reported to the Environmental Specialist personnel is ensured, equipment must be implemented through the entire ice and: travel within the driving lane and road/trail season including during (i) An observer must monitor the structure every 6 hours on the day of the shoulder areas. construction, maintenance, use and (2) Blading and snow blowing of ice decommissioning. initial sighting to determine whether a roads must be limited to the previously (1) If a ringed seal is observed within ringed seal is present. (ii) Monitoring for the seal must occur disturbed ice road/shoulder areas to the 50 m (164 ft) of the center of an ice road every other day the ice road is being extent safe and practicable. Snow must or trail, the operator’s Environmental used unless it is determined the be plowed or blown from the ice road Specialist must be immediately notified structure is not actively being used (i.e., surface. with the information provided in (3) In the event snow is accumulating paragraph (e) of this section. a seal is not sighted at that location on a road within a 50 m (164 ft) radius (i) The Environmental Specialist must during monitoring). (d) Engaging with subsistence hunters of an identified downwind seal or seal relay the seal sighting location information to all ice road personnel for monitoring recommendations. lair, operational measures must be used (1) Hilcorp and Eni must engage local and the company’s office personnel to avoid seal impacts, such as pushing hunters through the Ice Seal Committee responsible for wildlife interaction, snow further down the road before point of contact to gather following notification protocols blowing it off the roadway. Vehicles recommendations on methods for ringed described in the company-specific must not stop within 50 m (164 ft) of seal detection along sea ice roads/trails Wildlife Management Plan. All other identified seals or within 150 m (500 ft) within the exposure areas. of known seal lairs. data will be recorded and logged. (2) Hilcorp and Eni must incorporate (4) To the extent practicable and (ii) The Environmental Specialist or these recommendations into Hilcorp when safety of personnel is ensured, designated person must monitor the and Eni’s training materials provided to tracked vehicle operation must be ringed seal to document the animal’s personnel responsible for monitoring for limited to the previously disturbed ice location relative to the road/trail. All ringed seals along sea ice roads/trails. trail areas. When safety requires a new work that is occurring when the ringed (e) Reporting requirement at the end- ice trail to be constructed after March seal is observed and the behavior of the of-season. 1st, construction activities such as seal during those activities must be (1) A final end-of-season report drilling holes in the ice to determine ice documented until the animal is at least compiling all ringed seal observations quality and thickness, must be 50 m (150 ft) away from the center of the must be submitted to NMFS Office of conducted only during daylight hours road/trail or is no longer observed. Protected Resources within 90 days of with good visibility. (2) [Reserved] decommissioning the ice roads/trails (5) Ringed seal structures must be (c) Additional monitoring measures annually. The report must include: avoided by a minimum of 50 m (164 ft) after March 1st. In addition to the (i) Date, time, location of observation; during ice testing and new trail general monitoring measures listed in (ii) Ringed seal characteristics (i.e., construction. § 217.155(b), the following measures adult or pup, behavior (avoidance, (6) Once the new ice trail is must also be implemented after March resting, etc.)); established, tracked vehicle operation 1st: (iii) Activities occurring during must be limited to the disturbed area to (1) If an ice road or trail is being observation including equipment being the extent practicable and when safety actively used, under daylight conditions used and its purpose, and approximate of personnel is ensured. with good visibility, a dedicated distance to ringed seal(s); (7) If a seal is observed on ice within observer (not the vehicle operator) must (iv) Actions taken to mitigate effects 50 m (164 ft) of the centerline of the ice conduct a survey along the sea ice road/ of interaction emphasizing: road/trail, the following mitigation trail to observe if any ringed seals are (A) Which mitigation and/or measures must be implemented: within 150 m (500 ft) of the roadway monitoring measures were successful;

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00068 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 85, No. 246 / Tuesday, December 22, 2020 / Rules and Regulations 83473

(B) Which mitigation and/or and obtain a modification of the LOA as modifications) if doing so creates a monitoring measures may need to be described in § 217.57. reasonable likelihood of more improved to reduce interactions with (e) The LOAs shall set forth: effectively accomplishing the goals of ringed seals; (1) Permissible methods of incidental the mitigation and monitoring set forth (C) The effectiveness and practicality taking; in the preamble for these regulations. of implementing mitigation and (2) Means of effecting the least (i) Possible sources of data that could monitoring measures; practicable adverse impact (i.e., contribute to the decision to modify the (D) Any issues or concerns regarding mitigation) on the species, its habitat, mitigation, monitoring, or reporting implementation of mitigation and/or and on the availability of the species for measures in an LOA: monitoring measures; and subsistence uses; and (A) Results from Hilcorp or Eni’s (E) Potential effects of interactions (3) Requirements for monitoring and monitoring from the previous year(s). based on observation data; reporting. (B) Results from other marine (v) Proposed updates (if any) to (f) Issuance of the LOAs shall be mammal and/or sound research or Wildlife Interaction Plan(s) or based on a determination that the level studies. Mitigation and Monitoring Measures; of taking will be consistent with the (C) Any information that reveals and findings made for the total taking marine mammals may have been taken (vi) The methods used for detection of allowable under these regulations. in a manner, extent or number not seals and seal structures with an (g) Notice of issuance or denial of an authorized by these regulations or assessment of their effectiveness. LOA shall be published in the Federal subsequent LOAs. (2) In the event a seal is killed or Register within 30 days of a (ii) If, through adaptive management, seriously injured by ice road/trail determination. the modifications to the mitigation, activities, Hilcorp or Eni must monitoring, or reporting measures are immediately cease the specified § 217.157 Renewals and modifications of Letters of Authorization. substantial, NMFS will publish a notice activities and report the incident to the of proposed LOA in the Federal NMFS Office of Protected Resources (a) An LOA issued under §§ 216.106 of this chapter and 217.156 for the Register and solicit public comment. (301–427–8401) and Alaska Region (2) Emergencies. If NMFS determines Stranding Coordinator (877–925–7773). activity identified in § 217.150(a) shall be renewed or modified upon request by that an emergency exists that poses a The report must include the following significant risk to the well-being of the information: the applicant, provided that: (1) The proposed specified activity species or stocks of marine mammals (i) Time and date of the incident; specified in LOAs issued pursuant to (ii) Description of the incident; and mitigation, monitoring, and reporting measures, as well as the §§ 216.106 of this chapter and 217.156, (iii) Environmental conditions (e.g., an LOA may be modified without prior cloud over, and visibility); anticipated impacts, are the same as those described and analyzed for these notice or opportunity for public (iv) Description of all marine mammal comment. Notice would be published in observations in the 24 hours preceding regulations (excluding changes made pursuant to the adaptive management the Federal Register within 30 days of the incident; the action. (v) Species identification or provision in paragraph (c)(1) of this description of the animal(s) involved; section); and §§ 217.158—217.159 [Reserved] (vi) Fate of the animal(s); and (2) NMFS determines that the (vii) Photographs or video footage of mitigation, monitoring, and reporting [FR Doc. 2020–26346 Filed 12–21–20; 8:45 am] the animal(s). measures required by the previous BILLING CODE 3510–22–P (3) In the event ice road/trail LOAs under these regulations were personnel discover a dead or injured implemented. DEPARTMENT OF COMMERCE seal but the cause of injury or death is (b) For LOAs modification or renewal requests by the applicants that include unknown or believed not to be related National Oceanic and Atmospheric changes to the activity or the mitigation, to ice road/trail activities, Hilcorp or Eni Administration must report the incident to the NMFS monitoring, or reporting (excluding changes made pursuant to the adaptive Office of Protected Resources (301–427– 50 CFR Part 679 8401) and Alaska Region Stranding management provision in paragraph Coordinator (877–925–7773) within 48 (c)(1) of this section) that do not change [Docket No. 200227–0066] hours of discovery. the findings made for the regulations or result in no more than a minor change RTID 0648–XA727 § 217.156 Letters of Authorization. in the total estimated number of takes Fisheries of the Exclusive Economic (a) To incidentally take marine (or distribution by species or years), Zone Off Alaska; Inseason Adjustment mammals pursuant to these regulations, NMFS may publish a notice of proposed to the 2021 Bering Sea and Aleutian Hilcorp and Eni must apply for and LOAs in the Federal Register, including Islands Pollock, Atka Mackerel, and obtain an LOA. the associated analysis of the change, Pacific Cod Total Allowable Catch (b) An LOA, unless suspended or and solicit public comment before Amounts revoked, may be effective for a period of issuing the LOA. time not to exceed the expiration date (c) The LOAs issued under §§ 216.106 AGENCY: National Marine Fisheries of these regulations. of this chapter and 217.156 for the Service (NMFS), National Oceanic and (c) If an LOA expires prior to the activity identified in § 217.150(a) may Atmospheric Administration (NOAA), expiration date of these regulations, be modified by NMFS under the Commerce. Hilcorp or Eni may apply for and obtain following circumstances: ACTION: Temporary rule; inseason a renewal of the LOA. (1) Adaptive management. NMFS may adjustment; request for comments. (d) In the event of projected changes modify (including augment) the existing to the activity or to mitigation and mitigation, monitoring, or reporting SUMMARY: NMFS is adjusting the 2021 monitoring measures required by an measures (after consulting with Hilcorp total allowable catch (TAC) amounts for LOA, Hilcorp and Eni must apply for or Eni regarding the practicability of the the Bering Sea and Aleutian Islands

VerDate Sep<11>2014 16:23 Dec 21, 2020 Jkt 253001 PO 00000 Frm 00069 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 jbell on DSKJLSW7X2PROD with RULES