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Shannon Gleason at (907) 271–2809 at (D) of the MMPA (16 U.S.C. 1361 et NMFS previously issued an IHA to least 7 working days prior to the seq.) direct the Secretary of Commerce the Navy for similar activities meeting date. (as delegated to NMFS) to allow, upon conducted in 2018 (83 FR 6522; Authority: 16 U.S.C. 1801 et seq. request, the incidental, but not February 14, 2018). The Navy complied intentional, taking of small numbers of with all the requirements (e.g., Dated: January 30, 2020. marine mammals by U.S. citizens who mitigation, monitoring, and reporting) of Diane M. DeJames-Daly, engage in a specified activity (other than the previous IHA and information Acting Deputy Director, Office of Sustainable commercial fishing) within a specified regarding their monitoring results may Fisheries, National Marine Fisheries Service. geographical region if certain findings be found in the Estimated Take section. [FR Doc. 2020–02165 Filed 2–4–20; 8:45 am] are made and either regulations are Description of Proposed Activity BILLING CODE 3510–22–P issued or, if the taking is limited to harassment, a notice of a proposed The Navy proposes to conduct incidental take authorization may be submarine training and testing activities DEPARTMENT OF COMMERCE provided to the public for review. from an ice camp established on an ice Authorization for incidental takings floe in the Beaufort Sea and Arctic National Oceanic and Atmospheric Ocean for approximately six weeks Administration shall be granted if NMFS finds that the taking will have a negligible impact on beginning in February 2020. The ice [RTID 0648–XR067] the species or stock(s) and will not have camp would be established approximately 100–200 nautical miles an unmitigable adverse impact on the (nmi) north of Prudhoe Bay, Alaska. The Takes of Marine Mammals Incidental to availability of the species or stock(s) for submarine training and testing activities Specified Activities; Taking Marine taking for subsistence uses (where would occur over approximately four Mammals Incidental to U.S. Navy 2020 relevant). Further, NMFS must prescribe weeks during the six-week period. Ice Exercise Activities in the Beaufort the permissible methods of taking and Submarine active acoustic transmissions Sea and Arctic Ocean other ‘‘means of effecting the least may result in occurrence of temporary practicable adverse impact’’ on the AGENCY: National Marine Fisheries hearing impairment (temporary affected species or stocks and their Service (NMFS), National Oceanic and threshold shift (TTS)) and behavioral habitat, paying particular attention to Atmospheric Administration (NOAA), harassment (Level B harassment) of rookeries, mating grounds, and areas of Commerce. ringed and bearded seals. ACTION: Notice; issuance of an Incidental similar significance, and on the A detailed description of ICEX20 Harassment Authorization (IHA). availability of the species or stocks for activities is provided in the Federal taking for certain subsistence uses Register notice for the proposed IHA (84 SUMMARY: In accordance with the (referred to in shorthand as FR 68886; December 17, 2019). Since regulations implementing the Marine ‘‘mitigation’’); and requirements that time, no changes have been made Mammal Protection Act (MMPA) as pertaining to the monitoring and to the planned activities. Therefore, a amended, notification is hereby given reporting of the takings must be set detailed description is not provided that NMFS has issued an IHA to the forth. here. Please refer to that Federal United States Department of the Navy The NDAA (Pub. L. 108–136) Register notice for the description of the (Navy) to incidentally harass, by Level removed the ‘‘small numbers’’ and specific activity. B harassment only, marine mammals ‘‘specified geographical region’’ during submarine training and testing limitations indicated above and Comments and Responses activities associated with Ice Exercise amended the definition of ‘‘harassment’’ A notice of NMFS’s proposal to issue 2020 (ICEX20) north of Prudhoe Bay, as it applies to a ‘‘military readiness an IHA to the Navy was published in Alaska. The Navy’s activities are activity.’’ The activity for which the Federal Register on December 17, considered military readiness activities incidental take of marine mammals is 2019 (84 FR 68886). That notice pursuant to the MMPA, as amended by being requested addressed here qualifies described, in detail, the Navy’s activity, the National Defense Authorization Act as a military readiness activity. The the marine mammal species that may be for Fiscal Year 2004 (NDAA). definitions of all applicable MMPA affected by the activity, and the DATES: This authorization is effective statutory terms cited above are included anticipated effects on marine mammals. from February 1, 2020, through January in the relevant sections below. During the 30-day public comment 31, 2021. Summary of Request period, NMFS received a comment letter FOR FURTHER INFORMATION CONTACT: from the Marine Mammal Commission Amy Fowler, Office of Protected On July 3, 2019, NMFS received a (Commission). Resources, NMFS, (301) 427–8401. request from the Navy for an IHA to take Comment 1: The Commission noted Electronic copies of the application and marine mammals incidental to that the Navy used cutoff distances supporting documents, as well as a list submarine training and testing instead of relying on Bayesian biphasic of the references cited in this document, activities, including establishment of a dose response functions (BRFs) to may be obtained online at: https:// tracking range on an ice floe in the inform take estimates. The Commission www.fisheries.noaa.gov/permit/ Beaufort Sea and Arctic Ocean north of asserted that the cutoff distances used incidental-take-authorizations-under- Prudhoe Bay, Alaska. The application by the Navy are unsubstantiated and marine-mammal-protection-act. In case was deemed adequate and complete on that the Navy arbitrarily set a cutoff of problems accessing these documents, November 22, 2019. The Navy’s request distance of 10 kilometers (km) for please call the contact listed above. was for take of ringed seals (Pusa pinnipeds, which could effectively SUPPLEMENTARY INFORMATION: hispida hispida) and bearded seals eliminate a large portion of the (Erignathus barbatus) by Level B estimated number of takes. The Background harassment. Neither the Navy nor NMFS Commission, therefore, recommended The MMPA prohibits the ‘‘take’’ of expect serious injury or mortality to that the Navy refrain from using cut-off marine mammals, with certain result from this activity. Therefore, an distances in conjunction with the exceptions. Sections 101(a)(5)(A) and IHA is appropriate. Bayesian BRFs.

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Response: We disagree with the Renewals are available for more than area and summarizes information Commission’s recommendation. The one year. Any given Federal Register related to the population or stock, derivation of the behavioral response notice considering a Renewal clearly including regulatory status under the functions and associated cutoff indicates that it is only being considered MMPA and ESA and potential distances is provided in the Navy’s for one year. Accordingly, changes to biological removal (PBR), where known. Criteria and Thresholds for U.S. Navy the Renewal language on the website, For taxonomy, we follow Committee on Acoustic and Explosive Effects Analysis Federal Register notices, or Taxonomy (2018). PBR is defined by the (Phase III) technical report (Navy authorizations is not necessary. MMPA as the maximum number of 2017a). The consideration of proximity animals, not including natural (distance cutoff) was part of criteria Changes From the Proposed IHA to Final IHA mortalities, that may be removed from a developed in consultation with NMFS marine mammal stock while allowing and was applied within the Navy’s BRF. NMFS has added specific elements that stock to reach or maintain its Distance cutoffs beyond which the that must be reported in the Navy’s optimum sustainable population (as potential of significant behavioral post-activity monitoring report. These described in NMFS’s SARs). While no responses were considered to be requirements are detailed in the mortality or serious injury is anticipated unlikely were used in conducting Monitoring and Reporting section of this or authorized here, PBR and annual analysis for ICEX20. The Navy’s BRF notice. serious injury and mortality from applied within these distances is an Description of Marine Mammals in the anthropogenic sources are included here appropriate method for providing a Area of Specified Activities as gross indicators of the status of the realistic (but still conservative where species and other threats. some uncertainties exist) estimate of Sections 3 and 4 of the application impact and potential take for these summarize available information Marine mammal abundance estimates activities. regarding status and trends, distribution presented in this notice represent the Comment: The Commission and habitat preferences, and behavior total number of individuals that make recommended that NMFS stipulate that and life history, of ringed and bearded up a given stock or the total number an IHA Renewal is a one-time seals. Additional information regarding estimated within a particular study or opportunity in all Federal Register population trends and threats may be survey area. NMFS’s stock abundance notices requesting comments on found in NMFS’s Stock Assessment estimates for most species represent the possibility of a Renewal, on its web page Reports (SARs; https:// total estimate of individuals within the detailing the Renewal process, and in all www.fisheries.noaa.gov/national/ geographic area, if known, that comprise draft and final authorizations that marine-mammal-protection/marine- that stock. For some species, this include a term and condition for mammal-stock-assessments) and more geographic area may extend beyond U.S. Renewal. general information about these species waters. All managed stocks in this Response: NMFS’ website indicates (e.g., physical and behavioral region are assessed in NMFS’s U.S. that Renewals are good for ‘‘up to descriptions) may be found on NMFS’s Alaska SARs (Muto et al., 2019). All another year of the activities covered in website (https:// values presented in Table 1 are the most the initial IHA.’’ NMFS has never issued www.fisheries.noaa.gov/find-species). recent available at the time of a Renewal for more than one year, and Table 1 lists all species with expected publication and are available in the in no place have we implied that potential for occurrence in the project 2018 Alaska SARs (Muto et al., 2019). TABLE 1—MARINE MAMMAL SPECIES POTENTIALLY PRESENT IN THE PROJECT AREA

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

Order Cetartiodactyla—Cetacea—Superfamily Mysticeti (baleen whales) Family Balaenidai

Bowhead whale ...... Balaena mysticetus ...... Western Arctic ...... E/D;Y 16,982 (0.058, 16,091, 161 ...... 44 2011).

Superfamily Odontoceti (toothed whales, dolphins, and porpoises) Family Delphinidae

Beluga whale ...... Delphinapterus leucas ... Beaufort Sea ...... -/-;N 39,258 (0.229, 32,453, 649 ...... 166 1992).

Order Carnivora—Superfamily Pinnipedia Family Phocidae (earless seals)

Ringed seal ...... Pusa hispida hispida ...... Alaska ...... T/D;Y 170,000 (-, 170,000, 5,100 (Bering Sea-U.S. 1,054 2013) (Bering Sea and portion only). Sea of Okhotsk only). Bearded seal ...... Erignathus barbatus ...... Alaska ...... T/D;Y 299,174 (-, 273,676, 8,210 (Bering Sea-U.S. 557 2012) (Bering Sea- portion only). U.S. portion only). 1 Endangered Species Act (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: www.nmfs.noaa.gov/pr/sars/. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.

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3 These values, found in NMFS’s SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial fish- eries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV associated with estimated mortality due to commercial fisheries is presented in some cases. NOTE: Italicized species are not expected to be taken.

All species that could potentially That information and analysis is underwater sound above which exposed occur in the proposed survey areas are incorporated by reference in to this final marine mammals would be reasonably included in Table 1. However, the IHA determination and is not repeated expected to be behaviorally harassed temporal and/or spatial occurrence of here; please refer to the notice of (equated to Level B harassment) or to bowhead whales and beluga whales is proposed IHA (84 FR 68886; December incur permanent threshold shift (PTS) of such that take is not expected to occur, 17, 2019). some degree (equated to Level A and they are not discussed further harassment). Estimated Take beyond the explanation provided here. Level B Harassment for non-explosive Bowhead whales migrate annually from This section provides an estimate of sources—In coordination with NMFS, wintering areas (December to March) in the number of incidental takes the Navy developed behavioral the northern Bering Sea, through the authorized through this IHA, which will thresholds to support environmental Chukchi Sea in the spring (April inform NMFS’ negligible impact analyses for the Navy’s testing and through May), to the eastern Beaufort determination. training military readiness activities Sea, where they spend much of the Harassment is the only type of take utilizing active sonar sources; these summer (June through early to mid- expected to result from these activities. behavioral harassment thresholds are October) before returning again to the For this military readiness activity, the used here to evaluate the potential Bering Sea (Muto et al., 2017). They are MMPA defines harassment as (i) Any effects of the active sonar components of unlikely to be found in the ICEX20 act that injures or has the significant the proposed action. The response of a study area during the February through potential to injure a marine mammal or marine mammal to an anthropogenic April ICEX20 timeframe. Beluga whales marine mammal stock in the wild (Level sound will depend on the frequency, follow a similar pattern, as they tend to A harassment); or (ii) Any act that duration, temporal pattern and spend winter months in the Bering Sea disturbs or is likely to disturb a marine amplitude of the sound as well as the and migrate north to the eastern mammal or marine mammal stock in the animal’s prior experience with the Beaufort Sea during the summer wild by causing disruption of natural sound and the context in which the months. behavioral patterns, including, but not sound is encountered (i.e., what the In addition, the polar bear (Ursus limited to, migration, surfacing, nursing, animal is doing at the time of the maritimus) may be found in the project breeding, feeding, or sheltering, to a exposure). The distance from the sound area. However, polar bears are managed point where the behavioral patterns are source and whether it is perceived as by the U.S. Fish and Wildlife Service abandoned or significantly altered approaching or moving away can also and are not considered further in this (Level B harassment). affect the way an animal responds to a document. Authorized takes are by Level B sound (Wartzok et al. 2003). For marine A detailed description of the species harassment only, in the form of mammals, a review of responses to likely to be affected by ICEX20, disruption of behavioral patterns and anthropogenic sound was first including brief introductions to the TTS, for individual marine mammals conducted by Richardson et al. (1995). species and relevant stocks as well as resulting from exposure to acoustic Reviews by Nowacek et al. (2007) and available information regarding transmissions. Based on the nature of Southall et al. (2007) address studies population trends and threats, and the activity, Level A harassment is conducted since 1995 and focus on information regarding local occurrence, neither anticipated nor authorized, and observations where the received sound were provided in the Federal Register as described previously, no serious level of the exposed marine mammal(s) notice for the proposed IHA (84 FR injury or mortality is anticipated or was known or could be estimated. 68886; December 17, 2019). Since that authorized for this activity. Below we Multi-year research efforts have time, we are not aware of any changes describe how the take is estimated. conducted sonar exposure studies for in the status of these species and stocks; Generally speaking, we estimate take odontocetes and mysticetes (Miller et al. therefore, detailed descriptions are not from exposure to sound by considering: 2012; Sivle et al. 2012). Several studies provided here. Please refer to that (1) Acoustic thresholds above which with captive animals have provided Federal Register notice for these NMFS believes the best available data under controlled circumstances for descriptions. Please also refer to science indicates marine mammals will odontocetes and pinnipeds (Houser et NFMS’s website (https:// be behaviorally harassed or incur some al. 2013a; Houser et al. 2013b). Moretti www.fisheries.noaa.gov/find-species) for degree of permanent hearing et al. (2014) published a beaked whale generalized species accounts. impairment; (2) the area or volume of dose-response curve based on passive water that will be ensonified above acoustic monitoring of beaked whales Potential Effects of Specified Activities these levels in a day; (3) the density or during U.S. Navy training activity at on Marine Mammals and Their Habitat occurrence of marine mammals within Atlantic Underwater Test and The effects of underwater noise from these ensonified areas; and, (4) and the Evaluation Center during actual Anti- submarine training and testing activities number of days of activities. For this Submarine Warfare exercises. This new have the potential to result in behavioral IHA, the Navy employed a sophisticated information necessitated the update of harassment of marine mammals in the model known as the Navy Acoustic the behavioral response criteria for the vicinity of the study area. The notice of Effects Model (NAEMO) for assessing U.S. Navy’s environmental analyses. proposed IHA (84 FR 68886; December the impacts of underwater sound. Southall et al. (2007) synthesized data 17, 2019) included a discussion of the from many past behavioral studies and effects of anthropogenic noise on marine Acoustic Thresholds observations to determine the likelihood mammals and the potential effects of Using the best available science, of behavioral reactions at specific sound underwater noise from ICEX20 activities NMFS applies acoustic thresholds that levels. While in general, the louder the on marine mammals and their habitat. identify the received level of sound source the more intense the

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behavioral response, it was clear that pinnipeds most closely resembles a exposure level (SEL) for various the proximity of a sound source and the traditional sigmoidal dose-response frequencies. animal’s experience, motivation, and function at the upper received levels To estimate TTS onset values, only conditioning were also critical factors and has a 50 percent probability of TTS data from behavioral hearing tests influencing the response (Southall et al. response at 166 dB re 1 mPa. were used. To determine TTS onset for 2007). After examining all of the Additionally, to account for proximity each subject, the amount of TTS available data, the authors felt that the to the source discussed above and based observed after exposures with different derivation of thresholds for behavioral on the best scientific information, a sound pressure levels (SPLs) and response based solely on exposure level conservative distance of 10 km is used durations were combined to create a was not supported because context of beyond which exposures would not single TTS growth curve as a function the animal at the time of sound constitute a take under the military of SEL. The use of (cumulative) SEL is exposure was an important factor in readiness definition. NMFS used this a simplifying assumption to estimating response. Nonetheless, in dose response function to predict accommodate sounds of various SPLs, some conditions, consistent avoidance behavioral harassment of pinnipeds for durations, and duty cycles. This is reactions were noted at higher sound this activity. referred to as an ‘‘equal energy’’ levels depending on the marine Level A harassment and TTS—NMFS’ approach, since SEL is related to the mammal species or group allowing Technical Guidance for Assessing the energy of the sound and this approach conclusions to be drawn. Phocid seals Effects of Anthropogenic Sound on assumes exposures with equal SEL showed avoidance reactions at or below Marine Mammal Hearing (Version 2.0) result in equal effects, regardless of the 190 decibels (dB) referenced to 1 (Technical Guidance, 2018) identifies duration or duty cycle of the sound. It microPascal (mPa) @1 m; thus, seals may dual criteria to assess auditory injury is well known that the equal energy rule actually receive levels adequate to (Level A harassment) to five different will over-estimate the effects of produce TTS before avoiding the source. marine mammal groups (based on intermittent noise, since the quiet The Navy’s Phase III proposed hearing sensitivity) as a result of periods between noise exposures will pinniped behavioral threshold has been exposure to noise from two different allow some recovery of hearing updated based on controlled exposure types of sources (impulsive or non- compared to noise that is continuously experiments on the following captive impulsive). present with the same total SEL (Ward animals: Hooded seal, gray seal, and These thresholds were developed by 1997). For continuous exposures with California sea lion (Go¨tz et al. 2010; compiling the best available science and the same SEL but different durations, Houser et al. 2013a; Kvadsheim et al. soliciting input multiple times from the exposure with the longer duration 2010). Overall exposure levels were both the public and peer reviewers to will also tend to produce more TTS 110–170 dB re 1 mPa for hooded seals, inform the final product. The references, (Finneran et al., 2010; Kastak et al., 140–180 dB re 1 mPa for gray seals and analysis, and methodology used in the 2007; Mooney et al., 2009a). 125–185 dB re 1 mPa for California sea development of the thresholds are lions; responses occurred at received described in the Technical Guidance, As in previous acoustic effects levels ranging from 125 to 185 dB re 1 which may be accessed at https:// analysis (Finneran and Jenkins 2012; mPa. However, the means of the www.fisheries.noaa.gov/national/ Southall et al., 2007), the shape of the response data were between 159 and marine-mammal-protection/marine- PTS exposure function for each species 170 dB re 1 mPa. Hooded seals were mammal-acoustic-technical-guidance. group is assumed to be identical to the exposed to increasing levels of sonar The Navy’s PTS/TTS analyses begins TTS exposure function for each group. until an avoidance response was with mathematical modeling to predict A difference of 20 dB between TTS observed, while the grey seals were the sound transmission patterns from onset and PTS onset is used for all exposed first to a single received level Navy sources, including sonar. These marine mammals including pinnipeds. multiple times, then an increasing data are then coupled with marine This is based on estimates of exposure received level. Each individual species distribution and abundance data levels actually required for PTS (i.e., 40 California sea lion was exposed to the to determine the sound levels likely to dB of TTS) from the marine mammal same received level 10 times. These be received by various marine species. TTS growth curves, which show exposure sessions were combined into a These criteria and thresholds are differences of 13 to 37 dB between TTS single response value, with an overall applied to estimate specific effects that and PTS onset in marine mammals. response assumed if an animal animals exposed to Navy-generated Details regarding these criteria and responded in any single session. sound may experience. For weighting thresholds can be found in NMFS’ Because these data represent a dose- function derivation, the most critical Technical Guidance (NMFS 2016). response type relationship between data required are TTS onset exposure Table 2 below provides the weighted received level and a response, and levels as a function of exposure criteria and thresholds used in this because the means were all tightly frequency. These values can be analysis for estimating quantitative clustered, the Bayesian biphasic estimated from published literature by acoustic exposures of marine mammals Behavioral Response Function for examining TTS as a function of sound from the proposed action.

TABLE 2—INJURY (PTS) AND DISTURBANCE (TTS, BEHAVIORAL) THRESHOLDS FOR UNDERWATER SOUNDS

Physiological criteria Group Species Behavioral criteria Onset TTS Onset PTS

Phocid (in water) ...... Ringed/Bearded seal ...... Pinniped Dose Response 181 dB SEL cumulative .... 201 dB SEL cumulative. Function.

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Quantitative Modeling of potential animal exposures. The believed to overestimate the number of model calculates sound energy exposures have been chosen: The Navy performed a quantitative • analysis to estimate the number of propagation from the proposed sonars, Animats are modeled as being mammals that could be harassed by the the sound received by animat (virtual underwater, stationary, and facing the underwater acoustic transmissions animal) dosimeters representing marine source and therefore always predicted to receive the maximum sound level (i.e., during the proposed action. Inputs to mammals distributed in the area around no porpoising or pinnipeds’ heads the quantitative analysis included the modeled activity, and whether the sound received by a marine mammal above water); marine mammal density estimates, • exceeds the thresholds for effects. Animats do not move horizontally marine mammal depth occurrence (but change their position vertically distributions (U.S Department of the The Navy developed a set of software tools and compiled data for estimating within the water column), which may Navy, in prep), oceanographic and overestimate physiological effects such environmental data, marine mammal acoustic effects on marine mammals without consideration of behavioral as hearing loss, especially for slow hearing data, and criteria and thresholds moving or stationary sound sources in for levels of potential effects. avoidance or Navy’s standard mitigations. These tools and data sets the model; The density estimate used to estimate • Animats are stationary horizontally take is derived from habitat-based serve are integral components of NAEMO. In NAEMO, animats are and therefore do not avoid the sound modeling by Kaschner et al., (2006) and source, unlike in the wild where distributed non-uniformly based on Kaschner (2004). The area of the Arctic animals would most often avoid species-specific density, depth where the planned action will occur exposures at higher sound levels, distribution, and group size (100–200 nm north of Prudhoe Bay, especially those exposures that may information, and animats record energy Alaska) has not been surveyed in a result in PTS; manner that supports quantifiable received at their location in the water • Multiple exposures within any 24- density estimation of marine mammals. column. A fully three-dimensional hour period are considered one In the absence of empirical survey data, environment is used for calculating continuous exposure for the purposes of information on known or inferred sound propagation and animat exposure calculating the temporary or permanent associations between marine habitat in NAEMO. Site-specific bathymetry, hearing loss, because there are not features and (the likelihood of) the sound speed profiles, wind speed, and sufficient data to estimate a hearing presence of specific species have been bottom properties are incorporated into recovery function for the time between used to predict densities using model- the propagation modeling process. exposures; and based approaches. These habitat NAEMO calculates the likely • Mitigation measures that are suitability models include relative propagation for various levels of energy implemented were not considered in the environmental suitability (RES) models. (sound or pressure) resulting from each model. In reality, sound-producing Habitat suitability models can be used source used during the training event. activities would be reduced, stopped, or to understand the possible extent and NAEMO then records the energy delayed if marine mammals are detected relative expected concentration of a received by each animat within the by submarines via passive acoustic marine species distribution. These energy footprint of the event and monitoring. models are derived from an assessment calculates the number of animats having Because of these inherent model of the species occurrence in association received levels of energy exposures that limitations and simplifications, model- with evaluated environmental fall within defined impact thresholds. estimated results must be further explanatory variables that results in Predicted effects on the animats within analyzed, considering such factors as defining the RES suitability of a given a scenario are then tallied and the the range to specific effects, avoidance, environment. A fitted model that highest order effect (based on severity of and the likelihood of successfully quantitatively describes the relationship criteria; e.g., PTS over TTS) predicted implementing mitigation measures. This of occurrence with the environmental for a given animat is assumed. Each analysis uses a number of factors in variables can be used to estimate scenario or each 24-hour period for addition to the acoustic model results to unknown occurrence in conjunction scenarios lasting greater than 24 hours predict effects on marine mammals. with known habitat suitability. is independent of all others, and For non-impulsive sources, NAEMO Abundance can thus be estimated for therefore, the same individual marine calculates the sound pressure level each RES value based on the values of animal could be impacted during each (SPL) and sound exposure level (SEL) the environmental variables, providing a independent scenario or 24-hour period. for each active emission during an means to estimate density for areas that In few instances, although the activities event. This is done by taking the have not been surveyed. Use of the themselves all occur within the study following factors into account over the Kaschner’s RES model resulted in a area, sound may propagate beyond the propagation paths: Bathymetric relief value of 0.3957 ringed seals per km2 in boundary of the study area. Any and bottom types, sound speed, and the cold season (defined as December exposures occurring outside the attenuation contributors such as through May) and a maximum value of boundary of the study area are counted absorption, bottom loss and surface loss. 0.0332 bearded seals per km2 in the cold as if they occurred within the study area Platforms such as a ship using one or and warm seasons. The density numbers boundary. NAEMO provides the initial more sound sources are modeled in are assumed static throughout the ice estimated impacts on marine species accordance with relevant vehicle camp action area for this species. The with a static horizontal distribution. dynamics and time durations by moving density data generated for this species There are limitations to the data used them across an area whose size is was based on environmental variables in the acoustic effects model, and the representative of the training event’s known to exist within the ice camp results must be interpreted within these operational area. Table 3 provides range action area during the late winter/early context. While the most accurate data to effects for active acoustic sources springtime period. and input assumptions have been used proposed for ICEX20 to phocid The quantitative analysis consists of in the modeling, when there is a lack of pinniped specific criteria. Phocids computer modeled estimates and a post- definitive data to support an aspect of within these ranges would be predicted model analysis to determine the number the modeling, modeling assumptions to receive the associated effect. Range to

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effects is important information in not results against real-world situations and physiological effects to marine only predicting acoustic impacts, but determining adequate mitigation ranges mammals. also in verifying the accuracy of model to avoid higher level effects, especially

TABLE 3—RANGE TO BEHAVIORAL EFFECTS, TTS, AND PTS IN THE ICEX STUDY AREA

Range to effects Source/exercise (m) Behavioral TTS PTS

Submarine Exercise ...... 10,000 a 4,025 15 a Empirical evidence has not shown responses to sonar that would constitute take beyond a few km from an acoustic source, which is why NMFS and Navy conservatively set a distance cutoff of 10 km. Regardless of the source level at that distance, take is not estimated to occur be- yond 10 km from the source.

As discussed above, within NAEMO acknowledges that a behavioral reaction mitigation measures. The application of animats do not move horizontally or is likely to occur at levels below those avoidance and mitigation factors has react in any way to avoid sound. required to cause hearing loss (TTS or only been applied to model-estimated Furthermore, mitigation measures that PTS). At close ranges and high sound PTS exposures given the short distance are implemented during training or levels approaching those that could over which PTS is estimated. Given that testing activities that reduce the cause PTS, avoidance of the area no PTS exposures were estimated likelihood of physiological impacts are immediately around the sound source is during the modeling process for this not considered in quantitative analysis. the assumed behavioral response for proposed action, the implementation of Therefore, the current model most cases. avoidance and mitigation factors were overestimates acoustic impacts, In previous environmental analyses, not included in this analysis. especially physiological impacts near the Navy has implemented analytical Table 4 shows the exposures expected the sound source. The behavioral factors to account for avoidance for bearded and ringed seals based on criteria used as a part of this analysis behavior and the implementation of NAEMO modeled results.

TABLE 4—AUTHORIZED TAKE FOR ICEX ACTIVITIES

Level B harassment Species Level A Total Behavioral TTS harassment

Bearded seal ...... 3 1 0 4 Ringed seal ...... 1,395 11 0 1,406

Effects of Specified Activities on impacts caused by this action to the amended the MMPA as it relates to Subsistence Uses of Marine Mammals availability of bearded seals or ringed military readiness activities and the Subsistence hunting is important for seals for subsistence hunting. Therefore, incidental take authorization process many Alaska Native communities. A subsistence uses of marine mammals such that ‘‘least practicable impact’’ study of the North Slope villages of would not be impacted by this action. shall include consideration of personnel safety, practicality of implementation, Nuiqsut, Kaktovik, and Barrow Mitigation identified the primary resources used and impact on the effectiveness of the for subsistence and the locations for In order to issue an IHA under military readiness activity. harvest (Stephen R. Braund & Associates Section 101(a)(5)(D) of the MMPA, In evaluating how mitigation may or 2010), including terrestrial mammals NMFS must set forth the permissible may not be appropriate to ensure the (caribou, moose, wolf, and wolverine), methods of taking pursuant to the least practicable adverse impact on birds (geese and eider), fish (Arctic activity, and other means of effecting species or stocks and their habitat, as cisco, Arctic char/Dolly Varden trout, the least practicable impact on the well as subsistence uses where and broad whitefish), and marine species or stock and its habitat, paying applicable, we carefully consider two mammals (bowhead whale, ringed seal, particular attention to rookeries, mating primary factors: bearded seal, and walrus). Of these grounds, and areas of similar (1) The manner in which, and the species, only bearded and ringed seals significance, and on the availability of degree to which, the successful would be located within the study area the species or stock for taking for certain implementation of the measure(s) is during the proposed action. subsistence uses. NMFS regulations expected to reduce impacts to marine The study area is at least 100–150 mi require applicants for incidental take mammals, marine mammal species or (161–241 km) from land, well seaward authorizations to include information stocks, and their habitat, as well as of known subsistence use areas and the about the availability and feasibility subsistence uses. This considers the planned activities would conclude prior (economic and technological) of nature of the potential adverse impact to the start of the summer months, equipment, methods, and manner of being mitigated (likelihood, scope, during which the majority of conducting the activity or other means range). It further considers the subsistence hunting would occur. In of effecting the least practicable adverse likelihood that the measure will be addition, the specified activity would impact upon the affected species or effective if implemented (probability of not remove individuals from the stocks and their habitat (50 CFR accomplishing the mitigating result if population, therefore there would be no 216.104(a)(11)). The NDAA for FY 2004 implemented as planned), the

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likelihood of effective implementation The following mitigation actions are better understanding of: (1) Action or (probability implemented as planned); required for ICEX20 activities involving environment (e.g., source and acoustic transmissions: characterization, propagation, ambient • (2) The practicability of the measures For activities involving active noise); (2) affected species (e.g., life for applicant implementation, which acoustic transmissions from submarines history, dive patterns); (3) co-occurrence may consider such things as cost, and torpedoes, passive acoustic sensors of marine mammal species with the impact on operations, and, in the case on the submarines must listen for action; or (4) biological or behavioral of a military readiness activity, vocalizing marine mammals for 15 context of exposure (e.g., age, calving or minutes prior to the initiation of feeding areas). personnel safety, practicality of • implementation, and impact on the exercise activities. If a marine mammal Individual marine mammal effectiveness of the military readiness is detected, the submarine must delay responses (behavioral or physiological) activity. active transmissions, and not restart to acoustic stressors (acute, chronic, or until after 15 minutes have passed with cumulative), other stressors, or Mitigation for Marine Mammals and no marine mammal detections. If there cumulative impacts from multiple Their Habitat are no animal detections, it may be stressors. assumed that the vocalizing animal is • How anticipated responses to The following general mitigation no longer in the immediate area and is stressors impact either: (1) Long-term actions are required for ICEX20 to unlikely to be subject to harassment. fitness and survival of individual minimize impacts on ringed and Ramp up procedures are not proposed marine mammals; or (2) populations, bearded seals on the ice floe: species, or stocks. • as Navy determined, and NMFS accepts, Camp deployment will begin in that they would result in an • Effects on marine mammal habitat mid-February and must be completed by unacceptable impact on readiness and (e.g., marine mammal prey species, March 15. Based on the best available on the realism of training. acoustic habitat, or other important science, Arctic ringed seal whelping is Based on our evaluation of the physical components of marine not expected to occur prior to mid- applicant’s proposed measures, as well mammal habitat). March. Construction of the ice camp as other measures considered by NMFS, • Mitigation and monitoring would be completed prior to whelping NMFS has determined that the required effectiveness. in the area of ICEX20. As such, pups are mitigation measures provide the means The U.S. Navy has coordinated with not anticipated to be in the vicinity of effecting the least practicable impact on NMFS to develop an overarching the camp at commencement, and the affected species or stocks and their program plan in which specific mothers would not need to move habitat, paying particular attention to monitoring would occur. This plan is newborn pups due to construction of rookeries, mating grounds, and areas of called the Integrated Comprehensive the camp. Additionally, if a seal had a similar significance, and on the Monitoring Program (ICMP) (U.S. lair in the area they would be able to availability of such species or stock for Department of the Navy 2011). The relocate. Completing camp deployment subsistence uses. ICMP was created in direct response to before ringed seal pupping begins will Navy permitting requirements allow ringed seals to avoid the camp Monitoring and Reporting established in various MMPA rules, area prior to pupping and mating In order to issue an IHA for an ESA consultations, and applicable seasons, reducing potential impacts; activity, section 101(a)(5)(D) of the regulations. As a framework document, • Camp location will not be in MMPA states that NMFS must set forth the ICMP applies by regulation to those proximity to pressure ridges in order to requirements pertaining to the activities on ranges and operating areas allow camp deployment and operation monitoring and reporting of such taking. for which the Navy is seeking or has of an aircraft runway. This will The MMPA implementing regulations at sought incidental take authorizations. minimize physical impacts to subnivean 50 CFR 216.104 (a)(13) indicate that The ICMP is intended to coordinate lairs; requests for authorizations must include monitoring efforts across all regions and • Camp deployment will gradually the suggested means of accomplishing to allocate the most appropriate level increase over five days, allowing seals to the necessary monitoring and reporting and type of effort based on set of relocate to lairs that are not in the that will result in increased knowledge standardized research goals, and in immediate vicinity of the camp; of the species and of the level of taking acknowledgement of regional scientific value and resource availability. • Personnel on all on-ice vehicles or impacts on populations of marine mammals that are expected to be The ICMP is focused on Navy training must observe for marine and terrestrial and testing ranges where the majority of animals; any marine or terrestrial present in the proposed action area. Effective reporting is critical both to Navy activities occur regularly as those animal observed on the ice must be areas have the greatest potential for avoided by 328 ft (100 m). On-ice compliance as well as ensuring that the most value is obtained from the required being impacted. ICEX20 in comparison vehicles would not be used to follow is a short duration exercise that occurs any animal, with the exception of monitoring. Monitoring and reporting approximately every other year. Due to actively deterring polar bears if the requirements prescribed by NMFS the location and expeditionary nature of situation requires; should contribute to improved the ice camp, the number of personnel • Personnel operating on-ice vehicles understanding of one or more of the onsite is extremely limited and is must avoid areas of deep snowdrifts following: constrained by the requirement to be near pressure ridges, which are • Occurrence of marine mammal able to evacuate all personnel in a single preferred areas for subnivean lair species or stocks in the area in which day with small planes. As such, a development; and take is anticipated (e.g., presence, dedicated monitoring project would not • All material (e.g., tents, unused abundance, distribution, density). be feasible as it would require food, excess fuel) and wastes (e.g., solid • Nature, scope, or context of likely additional personnel and equipment to waste, hazardous waste) must be marine mammal exposure to potential locate, tag and monitor the seals. removed from the ice floe upon stressors/impacts (individual or The Navy is committed to completion of ICEX20. cumulative, acute or chronic), through documenting and reporting relevant

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aspects of training and research vocalizations and report that is a temporary impairment of hearing activities to verify implementation of information to NMFS, including the and TTS can last from minutes or hours mitigation, comply with current types and natures of sounds heard (e.g., to days (in cases of strong TTS). In many permits, and improve future clicks, whistles, creaks, burst pulses, cases, however, hearing sensitivity environmental assessments. All sonar continuous, sporadic, strength of signal) recovers rapidly after exposure to the usage will be collected via the Navy’s and the species or taxonomic group (if sound ends. This activity has the Sonar Positional Reporting System determinable). This information must be potential to result in only minor levels database and reported. If any injury or submitted to NMFS with the annual of TTS, and hearing sensitivity of death of a marine mammal is observed AFTT declassified monitoring report affected animals would be expected to during the ICEX20 activity, the Navy due in April 2021. recover quickly. Though TTS may occur must immediately halt the activity and Negligible Impact Analysis and in up to 11 ringed seals and 1 bearded report the incident to the Office of Determination seal, the overall fitness of these Protected Resources, NMFS, and the individuals is unlikely to be affected Alaska Regional Stranding Coordinator, NMFS has defined negligible impact and negative impacts to the entire stocks NMFS. The following information must as an impact resulting from the are not anticipated. be provided: specified activity that cannot be Effects on individuals that are taken • Time, date, and location of the reasonably expected to, and is not by Level B harassment could include discovery; reasonably likely to, adversely affect the • alteration of dive behavior, alteration of Species identification (if known) or species or stock through effects on foraging behavior, effects to breathing, annual rates of recruitment or survival description of the animal(s) involved; interference with or alteration of • Condition of the animal(s) (50 CFR 216.103). A negligible impact vocalization, avoidance, and flight. (including carcass condition if the finding is based on the lack of likely More severe behavioral responses are animal is dead); adverse effects on annual rates of not anticipated due to the localized, • Observed behaviors of the recruitment or survival (i.e., population- intermittent use of active acoustic animal(s), if alive; level effects). An estimate of the number sources and mitigation by passive • If available, photographs or video of takes alone is not enough information acoustic monitoring which will limit footage of the animal(s); and on which to base an impact • exposure to sound sources. Most likely, General circumstances under which determination. In addition to individuals will be temporarily the animal(s) was discovered (e.g., considering estimates of the number of during submarine activities, observed marine mammals that might be ‘‘taken’’ displaced by moving away from the on ice floe, or by transiting vessel). through harassment, NMFS considers sound source. As described previously The Navy will provide NMFS with a other factors, such as the likely nature in the behavioral effects section, seals draft exercise monitoring report within of any responses (e.g., intensity, exposed to non-impulsive sources with 90 days of the conclusion of the planned duration), the context of any responses a received sound pressure level within activity. The proposed IHA required the (e.g., critical reproductive time or the range of calculated exposures, (142– monitoring report to include data location, migration), as well as effects 193 dB re 1 mPa), have been shown to regarding sonar use and any mammal on habitat, and the likely effectiveness change their behavior by modifying sightings or detection will be of the mitigation. We also assess the diving activity and avoidance of the documented. The report would also number, intensity, and context of sound source (Go¨tz et al., 2010; include information on the number of estimated takes by evaluating this Kvadsheim et al., 2010). Although a sonar shutdowns recorded. NMFS has information relative to population minor change to a behavior may occur revised this requirement since the status. Consistent with the 1989 as a result of exposure to the sound notice of proposed IHA was published preamble for NMFS’s implementing sources associated with the planned to specify that the draft exercise regulations (54 FR 40338; September 29, action, these changes would be within monitoring report must include the 1989), the impacts from other past and the normal range of behaviors for the number of marine mammals sighted, by ongoing anthropogenic activities are animal (e.g., the use of a breathing hole species, and any other available incorporated into this analysis via their further from the source, rather than one information about the sighting(s) such impacts on the environmental baseline closer to the source, would be within as date, time, and approximate location (e.g., as reflected in the regulatory status the normal range of behavior). Thus, (latitude and longitude). The draft of the species, population size and even repeated Level B harassment of report must be submitted to NMFS growth rate where known, ongoing some small subset of the overall stock is within 90 days of the end of ICEX20 sources of human-caused mortality, or unlikely to result in any significant activities. If no comments are received ambient noise levels). realized decrease in fitness for the from NMFS within 30 days of Underwater acoustic transmissions affected individuals, and would not submission of the draft final report, the associated with ICEX20, as outlined result in any adverse impact to the stock draft final report will constitute the final previously, have the potential to result as a whole. report. If comments are received, a final in Level B harassment of ringed and The Navy’s planned activities are report must be submitted within 30 days bearded seals in the form of TTS and localized and of relatively short after receipt of comments. As the behavioral disturbance. No serious duration. While the total project area is information is classified, the Navy must injury, mortality or Level A takes are large, the Navy expects that most also provide data regarding sonar use anticipated to result from this activity. activities will occur within the ice camp and the number of shutdowns during At close ranges and high sound levels action area in relatively close proximity monitoring in the Atlantic Fleet approaching those that could cause PTS, to the ice camp. The larger study area Training and Testing (AFTT) Letter of avoidance of the area immediately depicts the range where submarines Authorization annual classified report around the sound source would be may maneuver during the exercise. The due in February 2021. The Navy must seals’ likely behavioral response. ice camp will be in existence for up to also analyze any declassified NMFS estimates 11 takes of ringed six weeks with acoustic transmission underwater recordings collected during seals and 1 take of bearded seals due to occurring intermittently over ICEX20 for marine mammal TTS from the submarine activities. TTS approximately four weeks.

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The project is not expected to have Beaufort Sea and Arctic Ocean, well serious injury is expected or authorized, significant adverse effects on marine north and east of the primary area where and therefore no marine mammals mammal habitat. The project activities seals have stranded along the western would be removed from availability for are limited in time and would not coast of Alaska (see map of strandings subsistence. Based on this information, modify physical marine mammal at: https://www.fisheries.noaa.gov/ NMFS has determined that there will habitat. While the activities may cause national/marine-life-distress/2018– not be an unmitigable adverse impact on some fish to leave a specific area 2019-ice-seal-unusual-mortality-event- subsistence uses from the Navy’s ensonified by acoustic transmissions, alaska). The location of the ICEX20 activities. temporarily impacting marine activities, combined with the short National Environmental Policy Act mammals’ foraging opportunities, these duration and low-level potential effects fish would likely return to the affected on marine mammals, suggest that the In compliance with the National area. As such, the impacts to marine planned activities are not expected to Environmental Policy Act of 1969 mammal habitat are not expected to contribute to the ongoing UME. (NEPA; 42 U.S.C. 4321 et seq.), as cause significant or long-term negative In summary and as described above, implemented by the regulations consequences. the following factors primarily support published by the Council on For on-ice activity, serious injury and our determination that the impacts Environmental Quality (CEQ; 40 CFR mortality are not anticipated. Level B resulting from this activity are not parts 1500–1508), the Navy prepared a harassment could occur but is unlikely expected to adversely affect the species Supplemental Environmental due to mitigation measures followed or stock through effects on annual rates Assessment/Overseas Environmental during the exercise. Foot and of recruitment or survival: Assessment (Supplemental EA/OEA) to snowmobile movement on the ice will • No serious injury or mortality is consider the direct, indirect, and be designed to avoid pressure ridges, anticipated or authorized; cumulative effects to the human • where ringed seals build their lairs; Impacts will be limited to Level B environment resulting from ICEX20. runways will be built in areas without harassment, primarily in the form of NMFS provided a link to the Navy’s pressure ridges; snowmobiles will behavioral disturbance; Supplemental EA/OEA (at http:// • follow established routes; and camp Anticipated TTS is only of a low www.nepa.navy.mil/icex) for the public buildup is gradual, with activity degree, and expected to affect only a to review and comment, concurrently increasing over the first five days limited number of animals; • with the publication of the proposed providing seals the opportunity to move The numbers of takes proposed to IHA, in relation to its suitability for to a different lair outside the ice camp be authorized are low relative to the adoption by NMFS in order to assess the area. The Navy will also employ its estimated abundances of the affected impacts to the human environment of standard 100-m avoidance distance from stocks; issuance of an IHA to the Navy. Also in • There will be no loss or any arctic animals. Implementation of compliance with NEPA and the CEQ modification of ringed or bearded seal these measures should ensure that regulations, as well as NOAA habitat and minimal, temporary impacts ringed seal lairs are not crushed or Administrative Order 216–6, NMFS has on prey; damaged during ICEX20 activities and reviewed the Navy’s Supplemental EA/ minimize the potential for seals and • Physical impacts to ringed seal OEA, determined it to be sufficient, and pups to abandon lairs and relocate. subnivean lairs will be avoided; and adopted that Supplemental EA/OEA The ringed seal pupping season on • Mitigation requirements for ice the ice lasts for five to nine weeks camp activities would minimize and signed a Finding of No Significant during late winter and spring. Ice camp impacts to animals during the pupping Impact (FONSI) on January 30, 2020. deployment would begin in mid- season. Endangered Species Act (ESA) February and be completed by March Based on the analysis contained 15, before the pupping season. This will herein of the likely effects of the Section 7(a)(2) of the Endangered allow ringed seals to avoid the ice camp specified activity on marine mammals Species Act of 1973 (ESA: 16 U.S.C. area once the pupping season begins, and their habitat, and taking into 1531 et seq.) requires that each Federal thereby reducing potential impacts to consideration the implementation of the agency insure that any action it nursing mothers and pups. Furthermore, proposed monitoring and mitigation authorizes, funds, or carries out is not ringed seal mothers are known to measures, NMFS finds that the total likely to jeopardize the continued physically move pups from the birth lair marine mammal take from the proposed existence of any endangered or to an alternate lair to avoid predation. activity will have a negligible impact on threatened species or result in the If a ringed seal mother perceives the all affected marine mammal species or destruction or adverse modification of acoustic transmissions as a threat, the stocks. designated critical habitat. To ensure local network of multiple birth and ESA compliance for the issuance of Unmitigable Adverse Impact Analysis haulout lairs would allow the mother IHAs, NMFS consults internally, in this and pup to move to a new lair. and Determination case with the NMFS Alaska Regional There is an ongoing unusual mortality Impacts to subsistence uses of marine Office (AKR), whenever we propose to event (UME) for ice seals, including mammals resulting from the planned authorize take for endangered or ringed and bearded seals. Elevated action are not anticipated. The planned threatened species. strandings have occurred in the Bering action would occur outside of the There are two marine mammal and Chukchi Seas since June 2018. primary subsistence use season (i.e., species (ringed seals and bearded seals) Though elevated numbers of seals have summer months), and the study area is with confirmed presence in the project stranded during this UME, this event 100–150 mi (161–241 km) seaward of area that are listed under the ESA. The does not provide cause for concern known subsistence use areas. Harvest NMFS Alaska Regional Office Protected regarding population-level impacts, as locations for ringed seals extend up to Resources Division issued a Biological the population abundance estimates for 80 nmi (148 km) from shore during the Opinion on January 27, 2020, which each of the affected species number in summer months while winter harvest of concluded that the Navy’s activities and the hundreds of thousands. The study ringed seals typically occurs closer to NMFS’s issuance of an IHA are not area for ICEX20 activities is in the shore. Additionally, no mortality or likely to jeopardize the continued

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existence of the Arctic ringed seal or DPS configuration report (Pearse et al. the Policy Regarding the Recognition of Beringia DPS bearded seal. 2019), are available by submitting a Distinct Vertebrate Population Segments request to the Assistant Regional Under the Endangered Species Act, a Authorization Administrator, Protected Resources policy describing what constitutes a As a result of these determinations, Division, West Coast Regional Office, DPS of a taxonomic species (DPS Policy; NMFS has issued an IHA to the Navy for 501 W Ocean Blvd., Suite 4200, Long 61 FR 4722). Under the DPS Policy, we conducting submarine training and Beach, CA 90802, Attention: NC consider the following when identifying testing activities in the Beaufort Sea and Summer-run Steelhead 12-month a DPS: (1) The discreteness of the Arctic Ocean beginning in February Finding. The documents are also population segment in relation to the 2020, provided the previously available electronically at https:// remainder of the species or subspecies mentioned mitigation, monitoring, and www.fisheries.noaa.gov/region/west- to which it belongs; and (2) the reporting requirements are incorporated. coast. significance of the population segment Dated: January 30, 2020. FOR FURTHER INFORMATION CONTACT: Gary to the species or subspecies to which it Donna S. Wieting, Rule, NMFS West Coast Region at belongs. Director, Office of Protected Resources, [email protected], (503) 230–5424; or Section 3 of the ESA further defines National Marine Fisheries Service. Heather Austin, NMFS Office of an endangered species as any species [FR Doc. 2020–02167 Filed 2–4–20; 8:45 am] Protected Resources at heather.austin@ which is in danger of extinction BILLING CODE 3510–22–P noaa.gov, (301) 427–8422. throughout all or a significant portion of SUPPLEMENTARY INFORMATION: its range and a threatened species as one which is likely to become an DEPARTMENT OF COMMERCE Background endangered species within the National Oceanic and Atmospheric On November 15, 2018, the Secretary foreseeable future throughout all or a Administration of Commerce received a petition from significant portion of its range. Thus, we the Friends of the Eel River (hereafter, interpret an ‘‘endangered species’’ to be [Docket No. 200130–0037; RTID 0648– the Petitioner) to list NC summer-run one that is presently in danger of XG758] steelhead as an endangered DPS under extinction. A ‘‘threatened species,’’ on the ESA. Currently, NC summer-run Listing Endangered and Threatened the other hand, is not presently in steelhead are part of the NC steelhead Wildlife and Plants; Notice of 12-Month danger of extinction, but is likely to DPS that combines winter-run and Finding on a Petition To List Summer- become so in the foreseeable future. In summer-run steelhead and is listed as Run Steelhead in Northern California other words, the primary statutory threatened under the ESA (71 FR 833; as Endangered Under the Endangered difference between a threatened and January 5, 2006). The Petitioner is Species Act endangered species is the timing of requesting that NC summer-run when a species may be in danger of AGENCY: National Marine Fisheries steelhead be considered as a separate extinction, either presently Service (NMFS), National Oceanic and DPS and listed as endangered. On April (endangered) or in the foreseeable future Atmospheric Administration (NOAA), 22, 2019, we published a positive 90- (threatened). Commerce. day finding (84 FR 16632) announcing Section 4(a)(1) of the ESA also ACTION: Notice of 12-month petition that the petition presented substantial requires us to determine whether any finding. scientific or commercial information indicating that the petitioned action species is endangered or threatened as SUMMARY: We, NMFS, announce a 12- may be warranted. In our 90-day a result of any of the following five month finding on a petition to delineate finding, we also announced the factors: The present or threatened Northern California (NC) summer-run initiation of a status review of the NC destruction, modification, or steelhead as a distinct population summer-run steelhead and requested curtailment of its habitat or range; segment (DPS) of West Coast steelhead information to inform our decision on overutilization for commercial, (Oncorhynchus mykiss), and to list that whether the species warrants listing as recreational, scientific, or educational DPS as endangered under the threatened or endangered under the purposes; disease or predation; the Endangered Species Act (ESA). We have ESA. inadequacy of existing regulatory completed a comprehensive DPS mechanisms; or other natural or analysis of NC summer-run steelhead in Listing Species Under the ESA manmade factors affecting its continued response to the petition. Based on the We are responsible for determining existence (16 U.S.C. 1533(a)(1)(A)–(E)). best scientific and commercial data whether species under our jurisdiction Section 4(b)(1)(A) of the ESA requires us available, including the DPS are threatened or endangered under the to make listing determinations based configuration review report, we have ESA (16 U.S.C. 1531 et seq.). To make solely on the best scientific and determined that listing NC summer-run this determination, we first consider commercial data available after steelhead as an endangered DPS is not whether a group of organisms conducting a review of the status of the warranted. We determined that summer- constitutes a ‘‘species’’ under section 3 species and after taking into account run steelhead in the NC steelhead DPS of the ESA (16 U.S.C. 1532), and then, efforts being made by any state or do not meet the criteria to be considered if so, consider whether the status of the foreign nation or political subdivision a DPS separate from winter-run species qualifies it for listing as either thereof to protect the species. In steelhead. We also announce the threatened or endangered. Section 3 of evaluating the efficacy of formalized availability of the DPS configuration the ESA defines species to include any domestic conservation efforts that have review report prepared pursuant to the subspecies of fish or wildlife or plants, yet to be implemented or demonstrate ESA for the NC steelhead DPS. and any DPS of any species of vertebrate effectiveness, we rely on the Services’ DATES: This finding was made on fish or wildlife which interbreeds when joint Policy on Evaluation of February 5, 2020. mature. On February 7, 1996, NMFS and Conservation Efforts When Making ADDRESSES: The documents informing the U.S. Fish and Wildlife Service Listing Decisions (PECE; 68 FR 15100; the 12-month finding, including the (USFWS; together, the Services) adopted March 28, 2003).

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