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III. Statutory and Executive Orders state submission in response to a ACTION: Final rule; issuance of Letters of Federal standard. Authorization (LOA). Under Executive Order 12866 (58 FR This action does not impose an 51735, October 4, 1993), this action is information collection burden under the SUMMARY: NMFS, upon request from the not a ‘‘significant regulatory action’’ and provisions of the Paperwork Reduction National Park Service (NPS), hereby therefore is not subject to review under Act of 1995 (44 U.S.C. 3501 et seq.). issues regulations to govern the Executive Orders 12866 and 13563 (76 Burden is defined at 5 CFR 1320.3(b). unintentional taking of marine FR 3821, January 21, 2011). This action mammals incidental to research and is also not subject to Executive Order List of Subjects in 40 CFR Part 62 monitoring activities in southern Alaska 13211, ‘‘Actions Concerning Regulations Environmental protection, Air over the course of five years (2019– That Significantly Affect Energy Supply, pollution control, Administrative 2024). These regulations, which allow Distribution, or Use’’ (66 FR 28355, May practice and procedure, sewage sludge for the issuance of Letters of 22, 2001). This action approves the incineration units. Authorization (LOA) for the incidental state’s negative declaration as meeting Dated: March 1, 2019. take of marine mammals during the described activities and specified Federal requirements and imposes no James Gulliford, timeframes, prescribe the permissible additional requirements beyond those Regional Administrator, Region 7. imposed by state law. Accordingly, the methods of taking and other means of Administrator certifies that this For the reasons stated in the effecting the least practicable adverse rulemaking will not have a significant preamble, EPA amends 40 CFR part 62 impact on marine mammal species or economic impact on a substantial as set forth below: stocks and their habitat, as well as number of small entities under the requirements pertaining to the PART 62—APPROVAL AND monitoring and reporting of such taking. Regulatory Flexibility Act (5 U.S.C. 601 PROMULGATION OF STATE PLANS et seq.). Because this action does not In accordance with the Marine Mammal FOR DESIGNATED FACILITIES AND Protection Act (MMPA), as amended, impose an enforceable duty upon State, POLLUTANTS local, or tribal governments, and does and implementing regulations, not reduce or eliminate the amount of ■ 1. The authority citation for part 62 notification is hereby additionally given that two LOAs have been issued to NPS authorization of Federal appropriations, continues to read as follows: and because it contains no regulatory to take marine mammals incidental to Authority: 42 U.S.C. 7401 et seq. requirements applicable to small research and monitoring activities in southern Alaska national parks. governments, this action does not Subpart R—Kansas contain any unfunded mandate or DATES: Effective from March 7, 2019 significantly or uniquely affect small ■ 2. Amend subpart R by adding an through February 29, 2024. governments, as described in the undesignated center heading and FOR FURTHER INFORMATION CONTACT: Gray Unfunded Mandates Reform Act of 1995 § 62.4183 to read as follows: Redding, Office of Protected Resources, (Pub. L. 104–4). NMFS, (301) 427–8401. Air Emissions From Existing Sewage SUPPLEMENTARY INFORMATION: This action is not approved to apply Sludge Incineration Units on any Indian reservation land or in any Availability other area where EPA or an Indian tribe § 62.4183 Identification of plan—negative has demonstrated that a tribe has declaration. A copy of NPS’s application and any supporting documents, as well as a list jurisdiction. In those areas of Indian Letter from the Kansas Department of of the references cited in this document, country, the rule does not have tribal Health and Environment submitted may be obtained online at: https:// implications and will not impose April 30, 2018, certifying that there are www.fisheries.noaa.gov/national/ substantial direct costs on tribal no sewage sludge incineration units marine-mammal-protection/incidental- governments or preempt tribal law as subject to 40 CFR part 60, subpart take-authorizations-research-and-other- specified by Executive Order 13175 (65 MMMM. activities. In case of problems accessing FR 67249, November 9, 2000). [FR Doc. 2019–04051 Filed 3–6–19; 8:45 am] these documents, please call the contact This action also does not have BILLING CODE 6560–50–P listed above (see FOR FURTHER Federalism implications because it does INFORMATION CONTACT). not have substantial direct effects on the States, on the relationship between the DEPARTMENT OF COMMERCE Purpose and Need for Regulatory national government and the States, or Action on the distribution of power and National Oceanic and Atmospheric These regulations establish a responsibilities among the various Administration framework under the authority of the levels of government, as specified in Marine Mammal Protection Act Executive Order 13132 (64 FR 43255, 50 CFR Part 217 (MMPA) (16 U.S.C. 1361 et seq.) for August 10, 1999). Thus Executive Order [Docket No. 180411364–9092–02] authorizing the take of marine mammals 13132 does not apply to this action. incidental to NPS’s gull and climate This action merely approves a state’s RIN 0648–BH90 monitoring activities within Glacier Bay negative declaration submitted in Taking and Importing Marine National Park (GLBA NP) and marine response to a Federal standard, and does Mammals; Taking Marine Mammals bird surveys in the Southwest Alaska not alter the relationship or the Incidental to National Park Service’s Inventory and Monitoring Network distribution of power and Research and Monitoring Activities in (SWAN) region. Researchers conducting responsibilities established in the CAA. Southern Alaska National Parks these surveys may cause behavioral This rulemaking also is not subject to disturbance (Level B harassment) of Executive Order 13045, ‘‘Protection of AGENCY: National Marine Fisheries harbor seals and Steller sea lions. Children from Environmental Health Service (NMFS), National Oceanic and We received an application from NPS Risks and Safety Risks’’ (62 FR 19885, Atmospheric Administration (NOAA), requesting five-year regulations and April 23, 1997) because it approves a Commerce. authorization to take harbor seals and

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Steller sea lions. Take is expected to not intentional, taking of small numbers application in the Federal Register, occur by Level B harassment incidental of marine mammals by U.S. citizens requesting comments and information to research and monitoring activities who engage in a specified activity (other related to the request for 30 days. We due to behavioral disturbance of than commercial fishing) within a did not receive any comments. NPS pinnipeds. The regulations are valid specified geographical region if certain provided a revised application from 2019 to 2024. Please see findings are made and either regulations incorporating minor revisions on April ‘‘Background’’ below for definitions of are issued or, if the taking is limited to 23, 2018. Subsequently, NPS has harassment. harassment, a notice of a proposed identified additional research and authorization is provided to the public monitoring projects in southern Alaska Legal Authority for the Action for review. (SWAN region) with similar sources of Section 101(a)(5)(A) of the MMPA (16 An authorization for incidental marine mammal disturbance and U.S.C. 1371(a)(5)(A)) directs the takings shall be granted if NMFS finds potential effects. On October 29, 2018, Secretary of Commerce to allow, upon that the taking will have a negligible NMFS received an adequate and request, the incidental, but not impact on the species or stock(s); will complete revised application including intentional, taking of small numbers of not have an unmitigable adverse impact these additional research and marine mammals by U.S. citizens who on the availability of the species or monitoring activities. These additional engage in a specified activity (other than stock(s) for subsistence uses (where activities were determined to be similar commercial fishing) within a specified relevant); and if the permissible in scope and impact to the original geographical region for up to five years methods of taking and requirements proposed activities, and NMFS if, after notice and public comment, the pertaining to the mitigation, monitoring determined that publication of a revised agency makes certain findings and and reporting of such takings are set notice of receipt was not necessary for issues regulations that set forth forth. NMFS has defined ‘‘negligible the updated application. On December permissible methods of taking pursuant impact’’ in 50 CFR 216.103 as an impact 13, 2018, NMFS published a notice of to that activity and other means of resulting from the specified activity that proposed rulemaking in the Federal effecting the ‘‘least practicable adverse cannot be reasonably expected to, and is Register (83 FR 64078), requesting impact’’ on the affected species or not reasonably likely to, adversely affect comments for 32 days. We received stocks and their habitat (see the the species or stock through effects on three comments which are summarized discussion below in the ‘‘Mitigation’’ annual rates of recruitment or survival. and addressed below (Comment and section), as well as monitoring and NMFS has defined ‘‘unmitigable adverse Responses). reporting requirements. Section impact’’ in 50 CFR 216.103 as an impact Prior to this request for incidental 101(a)(5)(A) of the MMPA and the resulting from the specified activity: take regulations and subsequent LOAs, implementing regulations at 50 CFR part • That is likely to reduce the we issued five consecutive incidental 216, subpart I, provide the legal basis for availability of the species to a level harassment authorizations (IHA) to NPS issuing this rule containing five-year insufficient for a harvest to meet for incidental take associated with the regulations, and for any subsequent subsistence needs by: GLBA NP ongoing gull and climate LOAs. As directed by this legal Æ Causing the marine mammals to monitoring activities. NPS was first authority, the regulations contain abandon or avoid hunting areas; issued an IHA, valid for a period of one mitigation, monitoring, and reporting Æ Directly displacing subsistence year, effective on September 18, 2014 requirements. users; or (79 FR 56065), and was subsequently Æ Placing physical barriers between issued one-year IHAs for incidental take Summary of Major Provisions Within the marine mammals and the associated with the same activities, the Regulations subsistence hunters; and effective on March 24, 2015 (80 FR The following provides a summary of • That cannot be sufficiently 28229), June 1, 2016 (77 FR 24471), May some of the major provisions within the mitigated by other measures to increase 20, 2017 (82 FR 24681), and February regulations for NPS’s research and the availability of marine mammals to 15, 2018 (83 FR 6842). NPS has abided monitoring activities in southern allow subsistence needs to be met. by all of NMFS’s mitigation and Alaska. We have determined that NPS’s Except with respect to certain monitoring requirements in previous adherence to the mitigation, monitoring, activities not pertinent here, the MMPA activities for which take was authorized. defines ‘‘harassment’’ as any act of and reporting measures listed below Authorization will achieve the least practicable pursuit, torment, or annoyance which (i) adverse impact on the affected marine has the potential to injure a marine This action also serves as a notice of mammals. They include: mammal or marine mammal stock in the issuance of two LOAs to NPS • Measures to minimize the number wild (Level A harassment); or (ii) has authorizing the take of marine mammals and intensity of incidental takes during the potential to disturb a marine by Level B harassment incidental to monitoring activities and to minimize mammal or marine mammal stock in the research and monitoring activities with the duration of disturbances; wild by causing disruption of behavioral GLBA NP and the SWAN region. The • Measures designed to eliminate patterns, including, but not limited to, level and type of take authorized by startling reactions; and migration, breathing, nursing, breeding, these LOAs is outlined in this preamble • Eliminating or altering research feeding, or sheltering (Level B to the final rule, and any changes to the activities on GLBA NP beaches when harassment). numbers of authorized takes are pups are present, and setting limits on presented during the proposed Summary of Request the frequency and duration of events rulemaking is explained within this during pupping season. On February 6, 2018, we received an document. Take by mortality or serious adequate and complete request from injury is not anticipated or authorized. Background NPS for authorization to take marine Paragraphs 101(a)(5)(A) and (D) of the mammals incidental to gull and climate Description of the Specified Activity MMPA (16 U.S.C. 1371 (a)(5)(A) and monitoring activities in GLBA NP. On A detailed description of the planned (D)) direct the Secretary of Commerce to February 22, 2018 (83 FR 7699), we NPS project is provided in the Federal allow, upon request, the incidental, but published a notice of receipt of NPS’s Register in the notice of proposed

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rulemaking (83 FR 64078; December 13, twice a year for annual maintenance and minimize take of marine mammals 2018). Since that time, no changes have repairs. during GLBA NP research and been made to the planned NPS monitoring to the level of least Southwest Alaska Inventory and monitoring activities. Therefore, a practicable adverse impact, as required Monitoring Network detailed description is not provided by the MMPA. GLBA NP researchers here. Please refer to that Federal NMFS is issuing a second LOA for the have a vested interest in minimizing the Register notice of proposed rulemaking SWAN region marine bird multi-species disturbance of their surveys and vessels for the description of the specific nearshore surveys that NPS plans to approaches to insure that data they activity. conduct along the coastlines of Katmai collect on glaucous-winged gulls is as National Park and Preserve (KATM), representative as possible. As such, Glacier Bay Kenai Fjords National Park (KEFJ), and NMFS understands that researchers will NMFS is issuing one LOA for two in Kachemak Bay (KBAY) in support of make an appropriate decision on how to research projects NPS plans to conduct long-term monitoring programs in these approach islands and conduct surveys within the GLBA NP in southeast regions of southwest Alaska. Occasional balancing their research needs, safety, Alaska: (1) Glaucous-winged gull disturbance of Steller sea lions and and desire to minimize disturbance. monitoring, and (2) the maintenance of harbor seals may occur during surveys. Additionally, the timing of the climate a weather station operation for long- Steller sea lion and harbor seal habitat monitoring and weather station term climate monitoring. NPS plans to coincides with surveyed nearshore maintenance trips and the glaucous- conduct ground and vessel surveys at transects. Please see NPS’s application winged gull surveys may not align based six study sites within GLBA NP for gull for established transect locations for on research and maintenance needs, so monitoring: South Marble Island, KATM and KEFJ and proposed transect NMFS feels it is not reasonable to Boulder Island, Lone Island, Geikie locations for KBAY. NMFS expects that require these trips be combined. Rock, Flapjack Island, and Tlingit Point the disturbance will be limited to Level Description of Marine Mammals in the Islet. These sites will be accessed up to B harassment and will not result in Area of the Specified Activity five times per year. Two of these sites, serious injury or death. SWAN also South Marble Island and Tlingit Point seeks to foster further collaborations A detailed description of the species Islet, have been accessed during with NOAA and share monitoring data likely to be affected by the NPS projects, previous research but have no in the future. including brief introductions to the documented harbor seal haulouts. species and relevant stocks as well as Additionally, Steller sea lions are not Comment and Responses available information regarding found on the portion of South Marble NMFS published a proposed rule in population trends and threats, and Island accessed by GLBA NP the Federal Register on December 13, information regarding local occurrence, researchers. In addition, NPS is 2018 (83 FR 64078). During the 32-day are provided in NPS’s application and requesting permission to access Lone comment period on the proposed rule, the Federal Register notice of proposed Island an additional three times per year NMFS received three comments, rulemaking (83 FR 64078; December 13, for weather station maintenance and including one from the Marine Mammal 2018). We are not aware of any changes operation bringing the total number of Commission (Commission). All of these in the status of these species and stocks; site visits to Lone Island to eight. comments were generally in favor of therefore, detailed descriptions are not Researchers accessing the islands for issuing the rule, including the provided here. Please refer to that gull monitoring and weather station Commission’s which recommended Federal Register notice of proposed operation may cause behavioral NMFS issue the final rule and rulemaking for these descriptions. disturbance (Level B harassment) of subsequent LOAs, subject to inclusion Additional information regarding harbor seals. NPS expects that the of the proposed mitigation, monitoring, population trends and threats may be disturbance to harbor seals from both and reporting measures. found in NMFS’s Stock Assessment projects will be limited to Level B Comment 1: One comment requested Reports (SAR; https:// harassment. Disturbance to Steller sea further information about the research www.fisheries.noaa.gov/national/ lions is not expected to occur as a result results the National Park Service has marine-mammal-protection/marine- of implementation of mitigation generated through their previous work mammal-stock-assessments) and more measures. NMFS has authorized incidental take for general information about these species The purpose for the above-mentioned in GLBA NP. (e.g., physical and behavioral research activities are as follows. Gull Response: NMFS has not analyzed the descriptions) may be found on NMFS’s monitoring studies are mandated by a results of NPS’s research but refers the website (https:// Record of Decision of a Legislative commenter to information provided by www.fisheries.noaa.gov/find-species). Environmental Impact Statement (LEIS) GLBA NP and NPS related to research While there are no changes in the (NPS 2010) which states that NPS must in the park (https://www.nps.gov/glba/ status of these stocks, NMFS here initiate a monitoring program for learn/scienceresearch.htm). provides additional information on the glaucous-winged gulls (Larus Comment 2: One comment raised presence of Steller sea lions in GLBA glaucescens) to inform future native egg general questions about the methods NP which may not have been clear in harvest by the Hoonah Tlingit in Glacier used to approach survey islands, the preamble to the proposed rule. In Bay, Alaska. Installation of a new suggesting the use of only non- the preamble to the proposed rule, weather station on Lone Island was motorized vessels, such as a row dingy NMFS stated that Steller sea lions are conducted by the NPS in the spring of or kayak. The commenter also suggested not generally seen on the GLBA NP 2018 as one of several installations that gull monitoring trips and climate islands being researched, but this intended to fill coverage gaps among monitoring/weather station species is commonly seen year round on existing weather stations in GLBA NP maintenance trips be combined to South Marble Island (Womble and (NPS 2015a). In order to properly minimize approaches to Lone Island. Gende, 2010), one of the islands GLBA maintain the newly installed weather Response: NMFS has determined that NP plans to survey, and has historically station, researchers must access the the mitigation measures outlined in the surveyed, for glaucous-winged gulls. Lone Island weather station site at least ‘‘Mitigation’’ section are sufficient to These Steller sea lions have been

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present on South Marble Island during (ESA) and potential biological removal the total number of individuals that GLBA NP’s previous research and (PBR), where known. For taxonomy, we make up a given stock or the total monitoring, but no disturbance has been follow the Committee on Taxonomy number estimated within a particular documented. In GLBA NP’s research (2018). PBR is defined by the MMPA as study or survey area. NMFS’s stock and monitoring, mitigation measures, the maximum number of animals, not abundance estimates for most species including maintaining a 100 meter including natural mortalities, that may represent the total estimate of distance from all Steller sea lions, will be removed from a marine mammal individuals within the geographic area, help ensure no disturbance of Steller sea stock while allowing that stock to reach if known, that comprises that stock. For lions, as these measures have been or maintain its optimum sustainable some species, this geographic area may proven successful in preventing population (as described in NMFS’s extend beyond U.S. waters. All managed disturbance during work carried out SARs). While no mortality is anticipated stocks in this region are assessed in under previous IHAs. or authorized here, PBR and annual Table 1 lists all species with expected serious injury and mortality from NMFS’s U.S. Alaska SARs (Muto et al., potential for occurrence within the anthropogenic sources are included here 2018). All values presented in Table 1 survey areas and summarizes as gross indicators of the status of the are the most recent available at the time information related to the population or species and other threats. of publication and are available in the stock, including regulatory status under Marine mammal abundance estimates 2017 SARs (Muto et al., 2018). the MMPA and Endangered Species Act presented in this document represent TABLE 1—MARINE MAMMALS THAT COULD OCCUR IN THE PROJECT AREA

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

Order Carnivora—Superfamily Pinnipedia

Family Otariidae (eared seals and sea lions): Steller sea lion ...... Eumetopias jubatus ...... Eastern U.S...... -/-; N 41,638 (n/a, 41,638, 306 236 2015) 4. Western U.S...... E/D; Y 54,267 (n/a; 54,267; 326 252 2017) 4. Family Phocidae (earless seals): Harbor seal ...... Phoca vitulina richardii ...... Glacier Bay/Icy Strait ...... -/-; N 7,210 (n/a.; 5,647; 169 104 2011) 4. Cook Inlet/Shelikof Strait ...... -/-; N 27,386 (n/a; 25,651; 770 234 2011) 4. Prince William Sound ...... -/-; N 29,889 (n/a; 27,936; 838 279 2011) 4. 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: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assess- ments. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable (n/a) 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. 4—CV value not reported in SARs

All marine mammal species that discussion of the effects of disturbance certain areas) due to noise and visual could potentially occur in the proposed on marine mammals and their habitat, disturbance generated by: (1) Motorboat survey areas are included in Table 1. therefore that information is not approaches and departures; (2) While cetaceans, including humpback, repeated here; please refer to the motorboat coastal transit; and (3) human beluga, and killer whales, may be Federal Register notice of proposed presence during gull research activities. present in nearby waters, NPS’s rulemaking (83 FR 64078; December 13, We expect pinnipeds to return to a activities are expected to result in 2018) for that information. We provide haulout site within minutes to hours of harassment only for hauled out only a summary here. the stimulus based on previous research pinnipeds. Therefore, cetaceans are not The NPS’s research and monitoring (Johnson and Acevedo-Gutierrez, 2007; activities in GLBA NP and the SWAN considered further in this analysis. Allen et al., 1985). Pinnipeds may be region are not expected to have However, NPS does include avoidance temporarily displaced from their permanent impacts on marine mammals measures for cetaceans, described in the haulout sites, but we do not expect that ‘‘Mitigation’’ section below. Finally, sea or the habitats used directly by marine the pinnipeds will permanently otters may be found throughout the mammals, such as haulout sites, nor are abandon a haulout site during site planned project area. However, sea there expected to be measurable impacts otters are managed by the U.S. Fish and to food sources. Based on the available monitoring as activities are short in Wildlife Service and are not considered data, previous monitoring reports from duration (brief transit through an area to further in this document. GLBA NP, and studies described in the up to 2 hours), and previous surveys at preamble to the proposed rule, we GLBA NP have demonstrated that Effects of the Specified Activity on anticipate that any pinnipeds found in pinnipeds have returned to their Marine Mammals and Their Habitat the vicinity of the projects could have haulout sites and have not permanently The proposed rule (83 FR 64078; short-term behavioral reactions (i.e., abandoned the sites. December 13, 2018) included a may result in marine mammals avoiding

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Marine Mammal Habitat none would be disturbed. Accordingly, approximate number of seals observers NMFS does not anticipate that the NMFS has increased the authorized are expected to find on any given survey annual takes by Level B harassment for planned activities in GLBA NP or the day. As a result, the following averages SWAN activities to 600 harbor seals and SWAN region will result in any were determined for each island: 400 Steller sea lions to account for the measurable effects on the habitats used Boulder Island—average 3.45 seals, 6 authorized surveys each year (1 by the marine mammals in the planned Flapjack Island—average 10.10 seals, summer and 1 winter at each of the 3 area, including the food sources they Geikie Rock—average 9.58 seals, and sites). This is a doubling of the use (i.e., fish and invertebrates). The Lone Island average of 18.64 seals authorized takes by Level B harassment main impact associated with the (reduced from 18.91 as this number presented in the proposed rule, planned activity will be temporarily stated in the notice of proposed originally 300 harbor seals and 200 elevated noise levels from motorboats rulemaking was based on an error in Steller sea lions annually. and human disturbance on marine monitoring data) (See Table 2). Harassment is the only type of take Estimated take for gull and climate mammals potentially leading to expected to result from these activities. temporary displacement from a site, monitoring was calculated by Except with respect to certain activities multiplying the average number of seals previously discussed in the proposed not pertinent here, section 3(18) of the rule. NPS’ LEIS for gull monitoring observed during past gull monitoring MMPA defines ‘‘harassment’’ as any act surveys (2015–2017) by the number of surveys in GLBA NP concluded that the of pursuit, torment, or annoyance which activities do not result in the loss or total site visits. As mentioned (i) has the potential to injure a marine previously, no take is authorized for modification to marine mammal habitat mammal or marine mammal stock in the (NPS 2010). Additionally, any minor visits to South Marble Island or Tlingit wild (Level A harassment); or (ii) has Point Islet because the absence of habitat alterations stemming from the the potential to disturb a marine maintenance of NPS’ weather station pinnipeds on the relevant portions of mammal or marine mammal stock in the the islands and implementation of will be located in an area that will not wild by causing disruption of behavioral impact marine mammals. SWAN’s mitigation measures means no take is patterns, including, but not limited to, expected to occur. This includes five activities in KATM and KEFJ do occur migration, breathing, nursing, breeding, annual visits to Boulder Island, Flapjack in Steller sea lion critical habitat, but feeding, or sheltering (Level B Island, and Geikie Rock and eight will have minimal impact due to the harassment). nature of the disturbance and explicit Authorized takes are by Level B annual visits to Lone Island (to include avoidance of the most sensitive areas harassment only, in the form of three site visits for climate monitoring (rookeries). In all, the activities in both disruption of behavioral patterns for activities). Therefore, the total estimated GLBA NP and the SWAN region will not individual marine mammals resulting annual incidents of harassment equals result in any permanent impact on from exposure to motorboats and the 265 which totals to 1,325 takes during habitats used by marine mammals, presence of NPS personnel. Based on the entire five years of the planned including prey species and foraging the nature of the activity and mitigation activities in GLBA NP (See Table 2). habitat. measures, Level A harassment is neither During climate monitoring, which is expected to take place from March to Estimated Take anticipated nor authorized. As described previously, no mortality is April and October to February, seal This section provides an estimate of anticipated or authorized for this numbers are expected to dramatically the number of incidental takes that may activity. Below we describe how the decline within the action area. Although be authorized through LOAs issued take is estimated. harbor seal survey data within GLBA NP under this rule, which will inform both is lacking for the months of October NMFS’s consideration of whether the Glacier Bay through February, results from satellite number of takes is ‘‘small’’ and the In GLBA NP, harbor seals may be telemetry studies suggest that harbor negligible impact determination. During disturbed when vessels approach or seals travel extensively beyond the the comment period for the proposed researchers go ashore for the purpose of boundaries of GLBA NP during the post- rule, NMFS was made aware that the monitoring gull colonies and for the breeding season (September-April) number of authorized annual takes by maintenance of the Lone Island weather (Womble and Gende, 2013b). Therefore, Level B harassment for SWAN activities tower. Harbor seals tend to haul out in using the latest observation data from does not adequately account for both small numbers at study sites. Using past gull monitoring activities (that summer and winter surveys at each of monitoring report data from 2015 to occurred from May to September) is the KATM, KEFJ, and KBAY sites. As 2017 (see raw data from Tables 1 of the applicable when estimating take for stated in the preamble to the proposed 2017, 2016 and 2015 Monitoring climate monitoring activities, as it will rule, NFMS estimates that 100 harbor Reports, which are available online at: provide the most conservative estimates. seals and 100 Steller sea lions could be https://www.fisheries.noaa.gov/ disturbed during each survey of KATM national/marine-mammal-protection/ 1 See Table 3 in the notice of proposed and KEFJ. For KBAY, NMFS estimated incidental-take-authorizations-research- rulemaking (83 FR 64078, December 13, 2018) for that 100 harbor seals could be disturbed and-other-activities), the average NMFS’ three-point scale that categorizes pinniped during each survey, but no Steller sea number of harbor seals per survey visit disturbance reactions by severity. NMFS only considers responses falling into Levels 2 and 3 as lions are present at that survey site, so was calculated to estimate the harassment (Level B Take) under the MMPA.

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TABLE 2—PROPOSED TAKES BY LEVEL B HARASSMENT DURING NPS GULL AND CLIMATE MONITORING SURVEYS

Average num- Number of Proposed Percentage of Site proposed for survey ber of seals proposed site Level B observed per population3 visits harassment 1* visit 1

Boulder Island ...... 3.45 5 17.25 0.24 Flapjack Island ...... 10.10 5 50.50 0.70 Geikie Rock ...... 9.58 5 47.90 0.66 Lone Island ...... 18.64 2 8 149.12 2.06

Annual Total ...... 265 3.68 1 Data from 2015–2017 NPS gull surveys (NPS 2015b; NPS 2016; NPS 2017). 2 Number includes three additional days for climate monitoring activities. 3 Based on the percentage of the Glacier Bay/Icy Strait stock of harbor seals that are proposed to be taken by Level B harassment during the NPS’s proposed gull and climate monitoring activities. * Values in this column have been adjusted slightly from the proposed rulemaking to correct rounding errors.

SWAN were used to estimate take because in takes by Level B harassment from the Harbor seals and Steller sea lions may 2013, most of the transects were able to Prince William Sound stock (KEFJ be disturbed by vessel presence, be completed. Thus, 2013 data offers the surveys). For Steller sea lion takes by movement, or noise during the most conservative count-based estimate. Level B harassment, NPS estimates that execution of SWAN’s survey transects. Based on pinnipeds observed in 2013, 200 individuals will experience take by The estimated number of takes by Level NPS estimates that each year, across the Level B harassment each year (across B harassment included in Table 3 are three survey sites, and two seasons of summer and winter) in both KATM and based on numbers of pinnipeds potential sampling, SWAN’s activities KEFJ (400 total), but no takes will occur observed from a similar survey of will result in take by Level B in KBAY surveys. For simplicity, NMFS KATM and KEFJ in 2013. In this survey, harassment of 600 harbor seals and 400 assumes and analyzes the impacts of the researchers observed an estimated 100 Steller sea lions. In total, these figures full Steller sea lion take on both the harbor seals and 100 Steller sea lions result in an estimated 3000 harbor seal eastern and western stocks. Because during each of the KATM and KEFJ and 2000 Steller sea lion takes by Level these estimates are based on surveys. Based on these findings, each B harassment across the five years. observations of pinnipeds and not survey of KBAY is expected to observe Annually, there would be 400 harbor harassments, NMFS considers the 100 harbor seals, but no Steller sea lions seal takes by Level B harassment in the estimated numbers of take by Level B because the species is not generally Cook Inlet/Shelikof Strait stock (KATM harassment presented in Table 3 found there. Data from 2013 surveys and KBAY surveys), and 200 harbor seal conservative.

TABLE 3—PROPOSED TAKES BY LEVEL B HARASSMENT DUE TO SWAN’S RESEARCH AND MONITORING ACTIVITIES

Proposed Total level Percentage of Species Stock level B take B takes in population over (annual) 5 years 1 year 1

Harbor seal ...... Cook Inlet/Shelikof Strait ...... 400 2000 1.4 Prince William Sound ...... 200 1000 0.7 Steller sea lion ...... Western ...... 2 400 2 2000 2 0.7 Eastern ...... 2 400 2 2000 2 1.0 1 Based on the population size of each relevant stock as presented in Table 1. 2 NMFS is only proposing to authorize 400 annual (2000 over 5 years) takes by Level B harassment for Steller sea lions, but is analyzing this take as fully coming from each of the U.S. Steller sea lion stocks.

Effects of Specified Activities on analyzed to determine whether the lions and harbor seals was at a low Subsistence Uses of Marine Mammals necessary findings may be made in the point in June and July when SWAN’s Unmitigable Adverse Impact Analysis The availability of the affected marine surveys are expected to occur in KBAY. and Determination section. mammal stocks or species for Additionally, the disturbance to subsistence uses may be impacted by Subsistence harvest of pinnipeds is pinnipeds caused by NPS’s activities is this activity, though this is not an prohibited in GLBA NP, KATM, and limited to non-lethal take by Level B anticipated outcome. The subsistence KEFJ but it does occur in nearby areas harassment and is temporary and short uses that may be affected and the outside park boundaries. Native in duration. Because the subsistence potential impacts of the activity on communities near KBAY, including harvest is separated in time and space those uses are described below. Homer, Seldovia, Nanwalek, and Port from NPS’s planned activities, and the Measures included in these regulations Graham harvested an estimated 32 disturbance should not result in to reduce the impacts of the activity on harbor seals and 3 Steller sea lions in anything other than short term (minutes subsistence uses are identical to those 2007 (Wolfe et al. 2009). It is not known to hours) avoidance of haulouts, there which minimize disturbance of exactly where these pinnipeds were should be no impacts on subsistence pinnipeds as described in the Mitigation harvested but some of them could harvest. section. Last, the information from this potentially have been harvested in section and the Mitigation section is KBAY. 2007 harvest of both Steller sea

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Mitigation NPS will implement the following Disturbance Reduction Protocols In order to issue an incidental take mitigation measures for marine While onshore at study sites, the authorization (ITA) under section mammals: researchers will remain vigilant for 101(a)(5)(A) of the MMPA, NMFS must Pre-Survey Monitoring hauled-out marine mammals. If marine set forth the permissible methods of mammals are present, the researchers taking pursuant to such activity, ‘‘and Before all surveys, the lead NPS will move slowly and use quiet voices other means of effecting the least biologist will instruct additional survey to minimize disturbance to the animals practicable impact on such species or crew on appropriate conduct when in present. stock and its habitat, paying particular the vicinity of hauled-out marine Avoidance of Unauthorized Take attention to rookeries, mating grounds, mammals. This training shall brief and areas of similar significance, and on survey personnel on marine mammals While conducting activities at GLBA the availability of such species or stock (inclusive of identification as needed, NP NPS will avoid interaction with for taking’’ for certain subsistence uses. e.g., neonates). Prior to deciding to land marine mammal species that are either NMFS regulations require applicants for onshore to conduct gull and climate not authorized for take (including ITAs to include information about the monitoring, the researchers will use humpback whales and killer whales) or availability and feasibility (economic high-powered image stabilizing a species with all authorized takes met. and technological) of equipment, binoculars from the watercraft to NPS avoidance measures for humpback methods, and manner of conducting document the number, species, and whales and killer whales will include location of hauled-out marine mammals 1 such activity or other means of effecting not operating a motor vessel within ⁄4 the least practicable adverse impact at each island. The vessels are expected nautical mile of these cetaceans. If to maintain a distance of 328 to 1,640 1 upon the affected species or stocks and accidentally positioned within ⁄4 their habitat (50 CFR 216.104(a)(11)). ft (100 to 500 m) from the shoreline to nautical mile of a humpback or killer In evaluating how mitigation may or allow the researchers to conduct pre- whale, researchers will slow the vessel may not be appropriate to ensure the survey monitoring. If offshore predators, speed to 10 knots or less and maintain least practicable adverse impact on harbor seal pups of less than one week course away from the marine mammal of age (i.e., neonates), or Steller sea lions 1 species or stocks and their habitat, as until at least ⁄4 nautical mile of well as on subsistence uses where are observed, researchers will follow the separation exists. For humpback whales, applicable, we carefully consider two protocols for site avoidance discussed these avoidance measures are required primary factors: below. If neither of these instances by regulations (81 FR 62018; September (1) The manner in which, and the occur, researchers will then perform a 8, 2016). degree to which, the successful controlled landing on the survey site. SWAN implementation of the measure(s) is Site Avoidance expected to reduce impacts to marine NPS has based the mitigation mammals, marine mammal species or If a harbor seal pup less than one measures for SWAN on the following: stocks, and their habitat. This considers week old (i.e,. neonates) or a harbor seal (1) Protocols used during previous the nature of the potential adverse predator (i.e., killer whale) is observed authorizations for similar GLBA NP impact being mitigated (likelihood, near or within the action area, research; (2) recommended best scope, range). It further considers the researchers will not go ashore to practices in Womble et al. (2013a); likelihood that the measure will be conduct gull or climate monitoring Richardson et al. (1995); and Weir and effective if implemented (probability of activities. Also, if Steller sea lions are Dolman (2007); and (3) experience of accomplishing the mitigating result if observed within or near the study site, SWAN researchers in previous surveys. implemented as planned) the likelihood researchers will maintain a distance of To reduce the potential for of effective implementation (probability at least 100 m from the animals at all disturbance from acoustic and visual of implementing as planned); and times. stimuli associated with SWAN’s (2) The practicability of the measures Controlled Landings surveys, NPS will implement the for applicant implementation, which following mitigation measures for may consider such things as cost, The researchers will determine marine mammals: impact on operations, and, in the case whether to approach an island study Disturbance Reduction Protocols of a military readiness activity, site based on type of animals present. personnel safety, practicality of Researchers will approach the island by While surveying study sites, the implementation, and impact on the motorboat at a speed of approximately researchers will maintain a vessel effectiveness of the military readiness 2 to 3 knots (2.3 to 3.4 mph). This is distance of 100 to 150 m from shorelines activity. expected to provide enough time for any at all times. If hauled-out Steller sea harbor seals present to slowly enter the lions and harbor seals are observed, the Glacier Bay water without panic (flushing). The survey will maintain speed and NPS has based the mitigation researchers will also select a pathway of minimum distance from the haulout to measures for the planned research on approach farthest from the hauled-out avoid startling. Additionally the survey the following: (1) Protocols used during harbor seals to minimize disturbance. will be attempted from a distance previous gull research activities as Minimize Predator Interactions greater than 150 m, if conditions allow required by our previous authorizations proper execution of the survey at that for these activities; and (2) During pre-survey monitoring on distance. recommended best practices in Womble approach to a site, NPS will observe the et al. (2013a); Richardson et al. (1995); surrounding area for predators. If the Rookery Avoidance and Weir and Dolman (2007). researchers visually observe marine SWAN will avoid transects that pass To reduce the potential for predators (i.e., killer whales) present known Steller sea lion rookery beaches disturbance from acoustic and visual within a one mile radius of hauled-out in order to minimize disturbance of stimuli associated with gull and climate marine mammals, the researchers will these rookeries and the surrounding monitoring activities within GBLA NP, not approach the study site. critical habitat.

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Avoidance of Unauthorized Take cumulative, acute or chronic), through mitigation measures based on relevant While conducting SWAN survey better understanding of: (1) Action or portions of previous GLBA NP activities NPS will avoid interaction environment (e.g., source authorizations will provide the means of with marine mammal species that are characterization, propagation, ambient effecting the least practicable impact on either not authorized for take (including noise); (2) affected species (e.g., life the species or stock in the SWAN history, dive patterns); (3) co-occurrence activity. humpback whales and beluga whales) or of marine mammal species with the a species with all authorized takes met. GLBA NP action; or (4) biological or behavioral NPS avoidance measures for humpback context of exposure (e.g., age, calving or In the preamble to the proposed whales and beluga whales will include regulations, it was stated that NPS will 1 feeding areas); not operating a motor vessel within ⁄4 • Individual marine mammal report the number of animals that nautical mile of these cetaceans. If moved greater than one meter. After 1 responses (behavioral or physiological) accidentally positioned within ⁄4 to acoustic stressors (acute, chronic, or consultation with the Commission, nautical mile of a humpback or beluga cumulative), other stressors, or NMFS has requested that this criteria for whale, researchers will slow the vessel cumulative impacts from multiple recording a Level 2 disturbance speed to 10 knots or less and maintain stressors; reaction, and associated take by Level B course away from the whale until at • How anticipated responses to harassment, be updated to a movement 1 least ⁄4 nautical mile of separation stressors impact either: (1) Long-term greater than two body lengths. This exists. For humpback whales, these fitness and survival of individual criteria aligns with NMFS’s three point avoidance measures are required by marine mammals; or (2) populations, scale (see Table 3 in the preamble to the regulations (81 FR 62018; September 8, species, or stocks; proposed regulations) that categorizes 2016). • Effects on marine mammal habitat pinniped disturbance reactions by Mitigation Conclusions (e.g., marine mammal prey species, severity and captures what reaction acoustic habitat, or other important NMFS considers to rise to the level of Based on our evaluation of the physical components of marine harassment. applicant’s planned measures, as well as mammal habitat); and NPS will conduct marine mammal other measures considered by NMFS, • Mitigation and monitoring monitoring during the present GLBA NP NMFS has determined that the planned effectiveness. project, in order to implement the mitigation measures provide the means mitigation measures that require real- of effecting the least practicable impact SWAN time monitoring and to gain a better on marine mammal species or stocks NPS will conduct marine mammal understanding of marine mammals and and their habitat, paying particular monitoring during the SWAN activities, their impacts to the project’s activities. attention to rookeries, mating grounds, in order to implement the mitigation In addition, NPS’s monitoring plan is areas of similar significance, and on the measures that require real-time guiding additional monitoring effort availability of such species or stock for monitoring and to gain a better designed to answer questions of interest subsistence uses. understanding of marine mammals and regarding pinniped usage of GLBA NP Monitoring and Reporting their impacts to the project’s activities. haulouts and the effects of NPS’s Because the activity is a survey of activity on these local populations. The In order to issue an ITA for an marine birds and mammals in the area, researchers will monitor the area for activity, section 101(a)(5)(A) of the researchers will naturally be monitoring pinnipeds during all research activities. MMPA states that NMFS must set forth the area for pinnipeds or other marine Monitoring activities will consist of requirements pertaining to the mammals during all activities. conducting and recording observations monitoring and reporting of such taking. Monitoring activities will consist of of pinnipeds within the vicinity of the The MMPA implementing regulations at conducting and recording observations research areas. The monitoring notes 50 CFR 216.104 (a)(13) indicate that of pinnipeds within the vicinity of the will provide dates, location, species, the requests for authorizations must include research areas. The monitoring notes researcher’s activity, behavioral state, the suggested means of accomplishing will provide dates, transect location, numbers of animals that were alert or the necessary monitoring and reporting species, numbers of animals present moved greater than two body lengths, that will result in increased knowledge within the transect, and numbers of and numbers of pinnipeds that flushed of the species and of the level of taking pinnipeds that flushed into the water. into the water. or impacts on populations of marine The method for recording The method for recording mammals that are expected to be disturbances follows those in Mortenson disturbances follows those in Mortenson present in the action area. Effective (1996). For NPS’ activities in the SWAN (1996). NPS activities in GLBA NP will reporting is critical both to compliance region, pinniped disturbances will be record pinniped disturbances on a as well as ensuring that the most value based on a three-point scale that three-point scale that represents an is obtained from the required represents an increasing response to the increasing response to the disturbance. monitoring. disturbance. Because SWAN surveys are Both a level 2 and level 3 response will Monitoring and reporting conducted at speed, researchers will be be recorded as a take by Level B requirements prescribed by NMFS able to record the total number of each harassment. NPS will record the time, should contribute to improved pinniped species observed and the source, and duration of the disturbance, understanding of one or more of the number of Level 3 (Flushing) responses as well as an estimated distance following: that occur, but not other, less noticeable between the source and haulout. • Occurrence of marine mammal disturbance responses. species or stocks in the area in which SWAN does not have previous Previous Monitoring Results take is anticipated (e.g., presence, monitoring aimed specifically at NPS has complied with the abundance, distribution, density); recording and quantifying marine monitoring requirements under the • Nature, scope, or context of likely mammal disturbance. Similarity previous GLBA NP authorizations. marine mammal exposure to potential between the GLBA NP and SWAN NMFS posted the 2017 report on our stressors/impacts (individual or activities for these regulations suggest website at https://

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www.fisheries.noaa.gov/national/ instances, the vessel approached the land in kayaks accessing Flapjack marine-mammal-protection/incidental- island at a very slow speed and most of Island. In five instances, harbor seals take-authorizations-research-and-other- the harbor seals flushed into the water were observed hauled-out and not activities and the results from the at approximately 150–185 m. On two disturbed due to their distance from the previous NPS monitoring reports events, harbor seals were observed survey areas. support our findings that the mitigation hauled-out on Boulder Island and not In 2015, of the 156 harbor seals that measures required under the 2014–2017 disturbed due to their distance from the Authorizations provide the means of survey area. In addition, during two pre- were observed: 57 flushed in to the effecting the least practicable impact on monitoring surveys conducted for Lone water; 25 became alert but did not move the species or stock in the GLBA NP Island, harbor seals were observed >1 m, and 0 moved >1 m but did not activity. During the last 3 years of GLBA hauled-out and the survey was not flush into the water. No pups were NP activity, approximately a third of all conducted to prevent disturbance of observed. On 2 occasions, harbor seals observed harbor seals have flushed in harbor seals. were observed at the study sites in response to these activities (37 percent In 2016, of the 216 harbor seals that numbers <25 and the islands were in 2015, 37 percent in 2016, and 38 were observed: 77 flushed in to the accessed for gull surveys. In these percent in 2017). The following water; 3 became alert but did not move instances, the vessel approached the narratives provide a detailed account of >1 m, and 17 moved >1 m but did not island at very slow speed and most of each of the past 3 years of monitoring flush into the water. On five occasions, the harbor seals flushed into water at for the GLBA NP activity (Summarized harbor seals were flushed into the water approximately 200 m (Geikie 8/5/15) in Table 4): when islands were accessed for gull and 280 m (Lone, 8/5/15). In one In 2017, of the 86 harbor seals that surveys. In these instances, the vessel instance, (Lone, 6/11/15) NPS counted were observed: 33 flushed in to the approached the island at a very slow 20 harbor seals hauled-out during the water, 0 became alert but did not move speed and most of the harbor seals initial vessel-based monitoring, but once >1 m, and 0 moved >1 m but did not flushed into the water at approximately on the island, NPS observed 33 hauled- flush into the water. In all, no harbor 50–100 m. In four instances, fewer than out seals. When NPS realized the seal pups were observed. On two 25 harbor seals were present, but in one occasions, harbor seals were flushed instance, 41 harbor seals were observed number of seals present, they ceased the into the water when islands were flushing into the water when NPS first survey and left the area, flushing 13 accessed for gull surveys. In these saw them as they rounded a point of seals into the water.

TABLE 4—SUMMARY TABLE OF 2015–2017 MONITORING REPORTS FOR NPS GULL STUDIES

Level B take Number of Number of Flushed Moved >1 m Alert but Level B take recorded Monitoring year adults pups into water but did not did not authorized during observed observed flush move >1 m for activity activities

2017 ...... 86 0 33 0 0 218 33 2016 ...... 216 1 77 3 17 500 80 2015 ...... 156 0 57 0 25 500 57

Coordination from the Alaska Department of Fish and record for monitoring marine mammals Game, and the NMFS Alaska Fisheries and haulouts in the SWAN survey areas. NPS can add to the knowledge of Science Center. NPS will continue these SWAN has been conducting nearshore pinnipeds in the action area by noting collaborations and encourage continued coastal surveys along the KATM and observations of: (1) Unusual behaviors, or renewed monitoring of marine KEFJ since 2006 and 2007, respectively numbers, or distributions of pinnipeds, mammal species. NPS will coordinate (Coletti et al., 2018). SWAN collaborates such that any potential follow-up with state and Federal marine mammal closely with U.S. Geological Survey, research can be conducted by the biologists to determine what additional U.S. Fish and Wildlife Service, the appropriate personnel; (2) tag-bearing data or observations may be useful for University of Alaska Fairbanks and carcasses of pinnipeds, allowing monitoring marine mammals and others under the Gulf Watch Alaska transmittal of the information to haulouts in GLBA NP. Additionally, (https://www.gulfwatchalaska.org/) appropriate agencies and personnel; and NPS will report vessel-based counts of program, primarily funded by the Exxon (3) rare or unusual species of marine marine mammals, branded, or injured Valdez Oil Spill Trustee Council. mammals for agency follow-up. animals, and all observed disturbances SWAN will continue these Glacier Bay to the appropriate state and Federal collaborations and encourage continued agencies. or renewed monitoring of marine birds NPS actively monitors harbor seals at and other incidentally observed species. SWAN breeding and molting haulout locations Additionally, NPS will report vessel- to assess trends over time (e.g., Mathews While NPS’s main focus is to monitor based counts of marine mammals, & Pendleton, 2006; Womble et al. 2010, marine birds in the SWAN region, their branded or injured animals, and all Womble and Gende, 2013b). NPS’s survey efforts will incidentally record observed disturbances to state and monitoring plan is guiding additional sightings of marine mammals. This data Federal agencies. monitoring effort designed to answer can add to understanding of pinniped questions of interest regarding pinniped regional distribution and population Reporting usage of GLBA NP haulouts and the trends. NPS will also coordinate with SWAN and GLBA NP are each effects of NPS’s activity on these local state and Federal marine mammal required to submit separate draft annual populations. This monitoring program biologists to determine what additional reports on all activities and marine involves collaborations with biologists data or observations may be useful to mammal monitoring results to NMFS

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within ninety days following the end of • Species identification or marine mammals that might be ‘‘taken’’ its monitoring period. These reports will description of the animal(s) involved; through harassment, NMFS considers include a summary of the information • Fate of the animal(s); and other factors, such as the likely nature gathered pursuant to the monitoring • Photographs or video footage of the of any responses (e.g., intensity, requirements set forth in the animal(s) (if equipment is available). duration), the context of any responses Authorization. SWAN and GLBA NP NPS shall not resume its activities (e.g., critical reproductive time or will submit final reports to NMFS until NMFS is able to review the location, migration), as well as effects within 30 days after receiving comments circumstances of the prohibited take. on habitat, and the likely effectiveness on the draft report. If SWAN or GLBA NMFS will work with NPS to determine of the mitigation. We also assess the NP receive no comments from NMFS on what is necessary to minimize the number, intensity, and context of the report, NMFS will consider the draft likelihood of further prohibited take and estimated takes by evaluating this report to be the final report. NPS will ensure MMPA compliance. NPS may information relative to population also submit a comprehensive 5-year not resume their activities until notified status. Consistent with the 1989 report covering all activities conducted by us via letter, email, or telephone. preamble for NMFS’s implementing under the incidental take regulations 90 In the event that NPS discovers an regulations (54 FR 40338; September 29, days following expiration of these injured or dead marine mammal, and 1989), the impacts from other past and regulations or, if new regulations are the lead researcher determines that the ongoing anthropogenic activities are cause of the injury or death is unknown sought, no later than 90 days prior to incorporated into this analysis via their and the death is relatively recent (i.e., in expiration of the regulations. impacts on the environmental baseline less than a moderate state of Each report will describe the (e.g., as reflected in the regulatory status decomposition as we describe in the operations conducted and sightings of of the species, population size and next paragraph), NPS will immediately marine mammals near the project. The growth rate where known, ongoing report the incident to the Office of report will provide full documentation sources of human-caused mortality, or Protected Resources, NMFS and the of methods, results, and interpretation ambient noise levels). Alaska Regional Stranding Coordinator. pertaining to all monitoring. The report During these activities, harbor seals The report must include the same will provide: and Steller sea lions may exhibit information identified in the paragraph 1. A summary and table of the dates, behavioral modifications, including above. Activities may continue while temporarily vacating the area during the times, and weather during all research we review the circumstances of the activities; proposed research and monitoring incident. We will work with NPS to activities to avoid human and vessel 2. Species, number, location, and determine whether modifications in the behavior of any marine mammals disturbance. However, due to the activities are appropriate. project’s minimal levels of visual and observed throughout all monitoring In the event that NPS discovers an acoustic disturbance (Level B activities; injured or dead marine mammal, and harassment only), NMFS does not 3. An estimate of the number (by the lead visual observer determines that expect NPS’s specified activities to species) of marine mammals exposed to the injury or death is not associated cause long-term behavioral disturbance, acoustic or visual stimuli associated with or related to the authorized abandonment of the haulout area, with the research activities; and activities (e.g., previously wounded injury, serious injury, or mortality. In 4. A description of the animal, carcass with moderate to addition, while a portion of these implementation and effectiveness of the advanced decomposition, or scavenger activities are expected to take place in monitoring and mitigation measures of damage), NPS will report the incident to areas of significance for marine mammal the Authorization and full the incident to the Office of Protected feeding, resting, breeding, or pupping, documentation of methods, results, and Resources, NMFS and the Alaska there are no expected adverse impacts interpretation pertaining to all Regional Stranding Coordinator within on marine mammal habitat as discussed monitoring. 24 hours of the discovery. NPS above. Due to the nature, degree, and In the unanticipated event that the researchers will provide photographs or context of the behavioral harassment specified activity clearly causes the take video footage (if available) or other anticipated, we do not expect the of a marine mammal in a manner documentation of the stranded animal activities to impact annual rates of prohibited by the authorization, such as sighting to us. NPS can continue their recruitment or survival. an injury (Level A harassment), serious research activities. NMFS does not expect pinnipeds to injury, or mortality (e.g., vessel-strike, permanently abandon any area surveyed Negligible Impact Analysis and stampede, etc.), NPS shall immediately by NPS researchers, as is evidenced by Determination cease the specified activities and continued presence of pinnipeds at the immediately report the incident to the NMFS has defined negligible impact GLBA NP sites during annual gull and Office of Protected Resources, NMFS as an impact resulting from the climate monitoring. NMFS anticipates and the Alaska Regional Stranding specified activity that cannot be that impacts to hauled-out harbor seals Coordinator. The report must include reasonably expected to, and is not and Steller sea lions during NPS’ the following information: reasonably likely to, adversely affect the research and monitoring activities will • Time, date, and location (latitude/ species or stock through effects on be behavioral harassment of limited longitude) of the incident; annual rates of recruitment or survival duration (i.e., up to two hours per site • Description and location of the (50 CFR 216.103). A negligible impact visit) and limited intensity (i.e., incident (including tide level if finding is based on the lack of likely temporary flushing at most). applicable); adverse effects on annual rates of In summary and as described above, • Environmental conditions (e.g., recruitment or survival (i.e., population- the following factors primarily support wind speed and direction, Beaufort sea level effects). An estimate of the number our determination that the impacts state, cloud cover, and visibility); of takes alone is not enough information resulting from this activity are not • Description of all marine mammal on which to base an impact expected to adversely affect the species observations in the 24 hours preceding determination. In addition to or stock through effects on annual rates the incident; considering estimates of the number of of recruitment or survival:

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• No mortality is anticipated or may be considered in the analysis, such This action is consistent with authorized; as the temporal or spatial scale of the categories of activities identified in CE • The takes from Level B harassment activities. B4 of the Companion Manual for NOAA are expected to be due to potential As mentioned previously, NMFS Administrative Order 216–6A, which do behavioral disturbance; estimates that NPS’ research activities, not individually or cumulatively have • The effects of the research activities including gull monitoring, climate the potential for significant impacts on are expected to be limited to short-term monitoring, and marine animal surveys, the quality of the human environment startle responses and localized could potentially affect, by Level B and for which we have not identified behavioral changes due to the short and harassment only, two species of marine any extraordinary circumstances that sporadic duration of the research mammal under our jurisdiction. For preclude this categorical exclusion. activities; Accordingly, NMFS has determined that • harbor seals, this annual take estimate is The activities will partially take small relative to the three impacted the issuance of these final regulations place in areas of significance for marine stocks, ranging from 0.7 to 3.7 percent and subsequent Letters of Authorization mammal feeding, resting, breeding, or (See Table 1, Table 2, and Table 3). For qualifies to be categorically excluded pupping but due to their nature and Steller sea lions, this annual take from further NEPA review. duration are expected to not adversely estimate is small (400 sea lions) relative impact marine mammal habitat or deny Endangered Species Act (ESA) to the western stock (0.7 percent) or pinnipeds access to this habitat because eastern stock (1.0 percent). In addition Section 7(a)(2) of the Endangered of the large availability of alternate Species Act of 1973 (ESA: 16 U.S.C. to this, there is a high probability in the haulouts and short-duration of 1531 et seq.) requires that each Federal GLBA NP activities that repetitive takes disturbance; agency ensure that any action it of the same animal may occur which • Anecdotal observations and results authorizes, funds, or carries out is not reduces the percentage of population from previous monitoring reports show likely to jeopardize the continued impacted even further. that the pinnipeds returned to the existence of any endangered or various sites and did not permanently Based on the analysis contained threatened species or result in the abandon haul-out sites after NPS herein of the activity (including the destruction or adverse modification of conducted their research activities; and mitigation and monitoring measures) designated critical habitat. To ensure • Harbor seals and Steller sea lions and the authorized take of marine ESA compliance for the issuance of may flush into the water despite mammals, NMFS finds that small incidental take regulations and researchers best efforts to keep calm and numbers of marine mammals will be subsequent LOAs, NMFS consults quiet around these pinnipeds; however, taken relative to the population size of internally, in this case with the Alaska injury or mortality has never been the affected species or stocks. Regional Office, whenever we propose documented and is not anticipated from Impact on Availability of Affected to authorize take for endangered or flushing events. GLBA NP researchers Species for Taking for Subsistence Uses threatened species. will approach study sites slowly to NMFS is authorizing take of western provide enough time for any marine There are no relevant subsistence uses DPS Steller sea lions, which are listed mammals present to slowly enter the of marine mammals implicated by the under the ESA. water without panic. SWAN researchers specified activities in GLBA NP, KATM, NMFS’s Office of Protected Resources will attempt to conduct their surveys at or KEFJ. Subsistence harvest is has requested initiation of Section 7 a distance which is expected to not prohibited in these national parks and consultation with NMFS’s Alaska result in pinniped disturbance. the nature of the activities means they Regional Office for the issuance of this Based on the analysis contained should not affect any harvest occurring LOA. On March 1, 2019, NMFS Alaska herein of the likely effects of the in nearby waters. There is possible Region issued a Biological Opinion to specified activity on marine mammals pinniped harvest in KBAY, but the NMFS Office of Protected Resources, and their habitat, and taking into timing of the survey is removed from which concluded that the NPS research consideration the implementation of the the peak seasons of harvest. and monitoring activities are not likely monitoring and mitigation measures, Additionally, the disturbance to to jeopardize the continued existence of NMFS finds that the total marine pinnipeds caused by NPS’s activities is western DPS Steller sea lions or mammal take from the proposed activity limited to non-lethal take by Level B adversely modify critical habitat based will have a negligible impact on all harassment and is temporary and short on the nature of the activities. affected marine mammal species or in duration. Therefore, we have Adaptive Management stocks. determined that the total taking of affected species or stocks is not The regulations governing the take of Small Numbers Analysis expected to have an unmitigable adverse marine mammals incidental to NPS As noted above, only small numbers impact on the availability of such research and monitoring activities in of incidental take may be authorized species or stocks for taking for GLBA NP and SWAN region contain an under Section 101(a)(5)(D) of the MMPA subsistence purposes. adaptive management component. for specified activities other than The reporting requirements associated National Environmental Policy Act military readiness activities. The MMPA with this rule are designed to provide (NEPA) does not define small numbers and so, NMFS with monitoring data from the in practice, where estimated numbers To comply with the National previous year to allow consideration of are available, NMFS compares the Environmental Policy Act of 1969 whether any changes are appropriate. number of individuals authorized to be (NEPA; 42 U.S.C. 4321 et seq.) and The use of adaptive management allows taken to the most appropriate estimation NOAA Administrative Order (NAO) NMFS to consider new information of abundance of the relevant species or 216–6A, NMFS must review our from different sources to determine stock in our determination of whether proposed action (i.e., the issuance of an (with input from NPS regarding an authorization is limited to small incidental take authorization) with practicability) on an annual or biennial numbers of marine mammals. respect to potential impacts on the basis if mitigation or monitoring Additionally, other qualitative factors human environment. measures should be modified (including

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additions or deletions). Mitigation Waiver of Delay in Effective Date PART 217—REGULATIONS measures could be modified if new data GOVERNING THE TAKING AND The Assistant Administrator for suggests that such modifications are IMPORTING OF MARINE MAMMALS expected to have a reasonable likelihood NMFS has determined that there is good cause under the Administrative of reducing adverse effects to marine ■ Procedure Act (5 U.S.C 553(d)(3)) to 1. The authority citation for part 217 mammals and if the measures are continues to read as follows: practicable. waive the 30-day delay in the effective date of this final rule. No individual or Authority: 16 U.S.C. 1361 et seq., unless NPS’s monitoring program (see entity other than NPS is affected by the otherwise noted. ‘‘Monitoring and Reporting’’) will be provisions of these regulations. NPS has ■ managed adaptively. Changes to the 2. Add subpart C to part 217 to read informed NMFS that it requests that this as follows: monitoring program may be adopted if final rule take effect on or by March 1, they are reasonably likely to better 2019, to accommodate NPS’s research Subpart C—Taking Marine Mammals accomplish the MMPA monitoring goals planned to begin March 1, 2019, with its Incidental to Research and Monitoring in Southern Alaska National Parks described previously or may better current IHA expiring February 28, 2019, answer the specific questions associated so as to not cause a disruption in Sec. with NPS’s monitoring plan. planned research and monitoring 217.20 Specified activity and specified geographical region. The following are some of the activities. The request to authorize take 217.21 Effective dates. possible sources of applicable data to be for NPS activities in the SWAN region 217.22 Permissible methods of taking. considered through the adaptive and resulted in delays in receiving a 217.23 Prohibitions. management process: (1) Results from revised and complete application. 217.24 Mitigation requirements. monitoring reports, as required by NMFS was also unable to accommodate 217.25 Requirements for monitoring and MMPA authorizations; (2) results from the 30-day delay of effectiveness period reporting. general marine mammal and sound due to the need for additional time to 217.26 Letters of Authorization. research; and (3) any information which address public comment and carry out 217.27 Renewals and modifications of reveals that marine mammals may have required review, which was delayed by Letters of Authorization. 217.28–217.29 [Reserved] been taken in a manner, extent, or the partial Federal government number not authorized by these shutdown in December 2018 and Subpart C—Taking Marine Mammals regulations or subsequent LOAs. January 2019. The waiver of the 30-day Incidental to Research and Monitoring delay of the effective date of the final Classification in Southern Alaska National Parks rule will ensure that the MMPA final Pursuant to the procedures rule and LOAs are in place by the time § 217.20 Specified activity and specified established to implement Executive the previous authorization expires. Any geographical region. Order 12866, the Office of Management delay in finalizing the rule would result (a) Regulations in this subpart apply and Budget has determined that this in either: (1) A suspension of planned only to the National Park Service (NPS) rule is not significant. research and monitoring, which would and those persons it authorizes or funds Pursuant to section 605(b) of the result in lost data and wasted funds; or to conduct activities on its behalf for the Regulatory Flexibility Act (RFA), the (2) NPS’s procedural non-compliance taking of marine mammals that occurs Chief Counsel for Regulation of the with the MMPA (should NPS conduct in the area outlined in paragraph (b) of Department of Commerce certified to research and monitoring without LOAs), this section and that occurs incidental the Chief Counsel for Advocacy of the thereby resulting in the potential for to the NPS’s research and monitoring Small Business Administration at the unauthorized takes of marine mammals. activities listed in the Letters of proposed rule stage that this action will Moreover, NPS is ready to implement Authorization (LOA). the rule immediately. For these reasons, not have a significant economic impact (b) The taking of marine mammals by NMFS finds good cause to waive the 30- on a substantial number of small NPS may be authorized in an LOA only day delay in the effective date. In entities. NPS is the sole entity that will if it occurs at Glacier Bay National Park addition, the LOAs allow for be subject to the requirements in these (GLBA NP) or in the NPS’s Southwest authorization of incidental take of regulations, and the NPS is not a small Alaska Inventory and Monitoring marine mammals that would otherwise governmental jurisdiction, small Network (SWAN) sites. organization, or small business, as be prohibited under the statute. defined by the RFA. No comments were Therefore the rule is granting an § 217.21 Effective dates. exception to NPS and relieving received on this certification. Regulations in this subpart are Accordingly, a regulatory flexibility restrictions under the MMPA, which is a separate basis for waiving the 30-day effective from March 7, 2019 through analysis is not required and none has February 29, 2024. been prepared. effective date for the rule. § 217.22 Permissible methods of taking. Notwithstanding any other provision List of Subjects in 50 CFR Part 217 of law, no person is required to respond Exports, Fish, Imports, Indians, Under LOAs issued pursuant to to nor shall a person be subject to a Labeling, Marine mammals, Penalties, §§ 216.106 of this chapter and 217.26, penalty for failure to comply with a Reporting and recordkeeping the Holder of the LOA (hereinafter collection of information subject to the requirements, Seafood, Transportation. ‘‘NPS’’) may incidentally, but not requirements of the Paperwork intentionally, take marine mammals Reduction Act (PRA) unless that Dated: March 4, 2019. within the area described in § 217.20(b) collection of information displays a Samuel D. Rauch III, by Level B harassment associated with currently valid OMB control number. Deputy Assistant Administrator for research and monitoring activities, This rule does not contain a COI Regulatory Programs, National Marine provided the activity is in compliance requirement subject to the provisions of Fisheries Service. with all terms, conditions, and the PRA because the applicant is a For reasons set forth in the preamble, requirements of the regulations in this Federal agency. 50 CFR part 217 is amended as follows: subpart and the appropriate LOA.

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§ 217.23 Prohibitions. (2) On an annual basis, the NPS may numbers of adults/juveniles); and Notwithstanding takings conduct a maximum of three days of numbers of disturbances, by species and contemplated in § 217.20 and activities related to climate monitoring age, according to a three-point scale of authorized by an LOA issued under on Lone Island; intensity; §§ 216.106 of this chapter and 217.26, (3) NPS is required to conduct pre- (2) Information on the weather, no person in connection with the survey monitoring before deciding to including the tidal state and horizontal activities described in § 217.20 may: access a study site; visibility; (a) Violate, or fail to comply with, the (4) Prior to deciding to land onshore, (3) The observer will note the terms, conditions, and requirements of NPS must use high-powered image presence of any offshore predators (date, this subpart or an LOA issued under stabilizing binoculars before time, number, and species); and §§ 216.106 of this chapter and 217.26; approaching at distances of greater than (4) The observer must note unusual (b) Take any marine mammal not 500 m (1,640 ft) to determine and behaviors, numbers, or distributions of specified in such LOAs; document the number, species, and pinnipeds, such that any potential (c) Take any marine mammal location of hauled-out marine mammals; follow-up research can be conducted by specified in such LOAs in any manner (5) During pre-survey monitoring, the appropriate personnel; marked or other than as specified; vessels must maintain a distance of 328 tag-bearing pinnipeds or carcasses, (d) Take a marine mammal specified to 1,640 ft (100 to 500 m) from the allowing transmittal of the information in such LOAs if NMFS determines such shoreline; to appropriate agencies; and any rare or taking results in more than a negligible (6) If a harbor seal pup less than one unusual species of marine mammal for impact on the species or stocks of such week of age (neonate) is present within agency follow-up. The observer must marine mammal; or or near a study site or a path to a study report that information to NMFS’s (e) Take a marine mammal specified site, NPS must not access the site nor Alaska Fisheries Science Center and/or in such LOAs if NMFS determines such conduct the study at that time. In the Alaska Department of Fish and taking results in an unmitigable adverse addition, if during the activity, a pup Game Marine Mammal Program. impact on the species or stock of such less than one week of age is observed, (b) SWAN marine bird surveying. (1) marine mammal for taking for all research activities must conclude for Species counts and numbers of type 3, subsistence uses. the day; flushing, disturbances; (7) NPS must maintain a distance of (2) Information on the weather, § 217.24 Mitigation requirements. at least 100 m from any Steller sea lion; including the tidal state and horizontal When conducting the activities (8) NPS must perform controlled and visibility; and identified in § 217.20(a), the mitigation slow ingress to islands where harbor (3) The observer must note unusual measures contained in any LOA issued seals are present; behaviors, numbers, or distributions of under §§ 216.106 of this chapter and (9) NPS must monitor for offshore pinnipeds, such that any potential 217.24 must be implemented. These predators at the study sites during pre- follow-up research can be conducted by mitigation measures shall include but survey monitoring and must avoid the appropriate personnel; marked or are not limited to: research activities when killer whales tag-bearing pinnipeds or carcasses, (a) General conditions. (1) A copy of (Orcinus orca) or other predators are allowing transmittal of the information any issued LOA must be in the observed within a 1 mile radius; and to appropriate agencies; and any rare or possession of NPS, its designees, and (10) NPS must maintain a quiet unusual species of marine mammal for additional survey crew personnel working atmosphere, avoid loud noises, agency follow-up. The observer must operating under the authority of the and must use hushed voices in the report that information to NMFS’s issued LOA; presence of hauled-out pinnipeds; and Alaska Fisheries Science Center and/or (2) Before all surveys, the lead NPS (c) SWAN marine bird surveys. (1) On the Alaska Department of Fish and biologist must instruct additional survey an annual basis, NPS may conduct one Game Marine Mammal Program. crew on appropriate conduct when in summer survey at each location listed in (c) Annual reporting. NPS must the vicinity of hauled-out marine the LOA; submit separate annual draft reports for mammals. This training must brief (2) On an annual basis, the NPS may GLBA NP and SWAN on all monitoring survey personnel on marine mammals conduct one winter survey at each conducted within ninety calendar days (inclusive of identification as needed, location listed in the LOA; of the completion of annual research e.g., neonates); and (3) NPS must maintain a minimum and monitoring activities. Final reports (3) NPS must avoid interaction with vessel distance of 100 meters from the for both GLBA NP and SWAN must be any marine mammal species for which shoreline at all times while surveying; prepared and submitted within thirty take is not authorized (or any species for and days following resolution of comments which authorized take numbers have (4) If hauled out Steller sea lions or on each draft report from NMFS. This been met). For humpback, killer, and harbor seals are observed, NPS must report must contain: beluga whales, NPS must avoid maintain the vessel speed and minimum (1) A summary and table of the dates, 1 operation of a motor vessel within ⁄4 distance. If survey conditions allow, the times, and weather during all research nautical mile of these cetaceans. If survey must be attempted from a activities; 1 accidentally positioned within ⁄4 distance greater than 150 meters. (2) Species, number, location, and nautical mile of these cetaceans, NPS behavior of any marine mammals must slow the vessel speed to 10 knots § 217.25 Requirements for monitoring and observed throughout all monitoring or less and maintain course away from reporting. activities; the marine mammal until at least 1⁄4 NPS is required to conduct marine (3) An estimate of the number (by nautical mile of separation exists; mammal monitoring during research species) of marine mammals exposed to (b) Glacier Bay gull and climate and monitoring activities. NPS and/or acoustic or visual stimuli associated monitoring. (1) On an annual basis, NPS its designees must record the following with the research activities; and may conduct a maximum of five days of for the designated monitoring activity: (4) A description of the gull monitoring for each survey location (a) Glacier Bay gull and climate implementation and effectiveness of the listed in the LOA; monitoring. (1) Species counts (with monitoring and mitigation measures of

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the Authorization and full (4) In the event that NPS discovers an § 217.27 Renewals and modifications of documentation of methods, results, and injured or dead marine mammal and Letters of Authorization. interpretation pertaining to all determines that the injury or death is (a) An LOA issued under §§ 216.106 monitoring. not associated with or related to the of this chapter and 217.26 for the (d) Comprehensive reporting. NPS activities defined in § 217.20(a) (e.g., activity identified in § 217.20(a) shall be must submit a comprehensive 5-year previously wounded animal, carcass renewed or modified upon request by report covering all activities conducted with moderate to advanced the applicant, provided that: under the incidental take regulations at decomposition, scavenger damage), NPS (1) The proposed specified activity least 90 days prior to expiration of these must report the incident to OPR and the and mitigation, monitoring, and regulations if new regulations are sought Alaska Stranding Coordinator, NMFS, reporting measures, as well as the or 90 days after expiration of within 24 hours of the discovery. NPS anticipated impacts, are the same as regulations. must provide photographs or video those described and analyzed for these (e) Reporting of injured or dead footage or other documentation of the regulations (excluding changes made marine mammals. (1) In the stranded animal sighting to NMFS. NPS pursuant to the adaptive management unanticipated event that the activity can continue their research activities; provision in paragraph (c)(1) of this defined in § 219.20(a) clearly causes the and section); and take of a marine mammal in a (5) Pursuant to paragraphs (e)(2) (2) NMFS determines that the prohibited manner such as an injury through (4) of this section, NPS may use mitigation, monitoring, and reporting (Level A harassment), serious injury, or discretion in determining what injuries measures required by the previous LOA mortality, NPS must immediately cease (i.e., nature and severity) are under these regulations were the specified activities and report the appropriate for reporting. At minimum, implemented. incident to the Office of Protected NPS must report those injuries (b) For an LOA modification or Resources, NMFS, and the Alaska considered to be serious (i.e., will likely renewal requests by the applicant that Regional Stranding Coordinator, NMFS. result in death) or that are likely caused include changes to the activity or the The report must include the following by human interaction (e.g., mitigation, monitoring, or reporting information: entanglement, gunshot). Also pursuant (excluding changes made pursuant to (i) Time and date of the incident; to paragraphs (e)(3) and (4) of this the adaptive management provision in (ii) Description of the incident; section, NPS may use discretion in paragraph (c)(1) of this section) that do (iii) Environmental conditions (e.g., determining the appropriate vantage not change the findings made for the wind speed and direction, Beaufort sea point for obtaining photographs of regulations or result in no more than a state, cloud cover, and visibility); injured/dead marine mammals. minor change in the total estimated number of takes (or distribution by (iv) Description of all marine mammal § 217.26 Letters of Authorization. observations and active sound source species or years), NMFS may publish a use in the 24 hours preceding the (a) To incidentally take marine notice of proposed LOA in the Federal incident; mammals pursuant to these regulations, Register, including the associated NPS must apply for and obtain an LOA. (v) Species identification or analysis of the change, and solicit (b) An LOA, unless suspended or description of the animal(s) involved; public comment before issuing the LOA. revoked, may be effective for a period of (c) An LOA issued under §§ 216.106 (vi) Fate of the animal(s); and time not to exceed the expiration date of this chapter and 217.26 for the (vii) Photographs or video footage of of these regulations. activity identified in § 217.20(a) may be the animal(s); (c) If an LOA expires prior to the modified by NMFS under the following (2) Activities must not resume until expiration date of these regulations, circumstances: NMFS is able to review the NPS may apply for and obtain a renewal (1) Adaptive management. NMFS may circumstances of the prohibited take. of the LOA. modify (including augment) the existing NMFS will work with NPS to determine (d) In the event of projected changes mitigation, monitoring, or reporting what measures are necessary to to the activity or to mitigation and measures (after consulting with NPS minimize the likelihood of further monitoring measures required by an regarding the practicability of the prohibited take and ensure MMPA LOA, NPS must apply for and obtain a modifications) if doing so creates a compliance. NPS must not resume their modification of the LOA as described in reasonable likelihood of more activities until notified by NMFS; § 217.27. effectively accomplishing the goals of (3) In the event that NPS discovers an (e) The LOA shall set forth: the mitigation and monitoring set forth injured or dead marine mammal, and (1) Permissible methods of incidental in the preamble for these regulations. the lead observer determines that the taking; (i) Possible sources of data that could cause of the injury or death is unknown (2) Means of effecting the least contribute to the decision to modify the and the death is relatively recent (e.g., practicable adverse impact (i.e., mitigation, monitoring, or reporting in less than a moderate state of mitigation) on the species, its habitat, measures in an LOA: decomposition), NPS must immediately and on the availability of the species for (A) Results from NPS’s monitoring report the incident to the Office of subsistence uses; and from the previous year(s). Protected Resources, NMFS, and the (3) Requirements for monitoring and (B) Results from other marine Alaska Stranding Coordinator, NMFS. reporting. mammal research or studies. The report must include the same (f) Issuance of the LOA shall be based (C) Any information that reveals information identified in paragraph on a determination that the level of marine mammals may have been taken (e)(1) of this section. Activities may taking will be consistent with the in a manner, extent or number not continue while NMFS reviews the findings made for the total taking authorized by these regulations or circumstances of the incident. NMFS allowable under these regulations. subsequent LOAs. will work with NPS to determine (g) Notice of issuance or denial of an (ii) If, through adaptive management, whether additional mitigation measures LOA shall be published in the Federal the modifications to the mitigation, or modifications to the activities are Register within 30 days of a monitoring, or reporting measures are appropriate; determination. substantial, NMFS shall publish a notice

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of proposed LOA in the Federal specified in LOAs issued pursuant to the Federal Register within thirty days Register and solicit public comment. §§ 216.106 of this chapter and 217.26, of the action. an LOA may be modified without prior (2) Emergencies. If NMFS determines § § 217.28–217.29 [Reserved] that an emergency exists that poses a notice or opportunity for public significant risk to the well-being of the comment. Notice would be published in [FR Doc. 2019–04107 Filed 3–6–19; 8:45 am] species or stocks of marine mammals BILLING CODE 3510–22–P

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