6518 Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices Shannon Gleason at (907) 271–2809 at (D) of the MMPA (16 U.S.C. 1361 et NMFS previously issued an IHA to least 7 working days prior to the seq.) direct the Secretary of Commerce the Navy for similar activities meeting date. (as delegated to NMFS) to allow, upon conducted in 2018 (83 FR 6522; Authority: 16 U.S.C. 1801 et seq. request, the incidental, but not February 14, 2018). The Navy complied intentional, taking of small numbers of with all the requirements (e.g., Dated: January 30, 2020. marine mammals by U.S. citizens who mitigation, monitoring, and reporting) of Diane M. DeJames-Daly, engage in a specified activity (other than the previous IHA and information Acting Deputy Director, Office of Sustainable commercial fishing) within a specified regarding their monitoring results may Fisheries, National Marine Fisheries Service. geographical region if certain findings be found in the Estimated Take section. [FR Doc. 2020–02165 Filed 2–4–20; 8:45 am] are made and either regulations are Description of Proposed Activity BILLING CODE 3510–22–P issued or, if the taking is limited to harassment, a notice of a proposed The Navy proposes to conduct incidental take authorization may be submarine training and testing activities DEPARTMENT OF COMMERCE provided to the public for review. from an ice camp established on an ice Authorization for incidental takings floe in the Beaufort Sea and Arctic National Oceanic and Atmospheric Ocean for approximately six weeks Administration shall be granted if NMFS finds that the taking will have a negligible impact on beginning in February 2020. The ice [RTID 0648–XR067] the species or stock(s) and will not have camp would be established approximately 100–200 nautical miles an unmitigable adverse impact on the (nmi) north of Prudhoe Bay, Alaska. The Takes of Marine Mammals Incidental to availability of the species or stock(s) for submarine training and testing activities Specified Activities; Taking Marine taking for subsistence uses (where would occur over approximately four Mammals Incidental to U.S. Navy 2020 relevant). Further, NMFS must prescribe weeks during the six-week period. Ice Exercise Activities in the Beaufort the permissible methods of taking and Submarine active acoustic transmissions Sea and Arctic Ocean other ‘‘means of effecting the least may result in occurrence of temporary practicable adverse impact’’ on the AGENCY: National Marine Fisheries hearing impairment (temporary affected species or stocks and their Service (NMFS), National Oceanic and threshold shift (TTS)) and behavioral habitat, paying particular attention to Atmospheric Administration (NOAA), harassment (Level B harassment) of rookeries, mating grounds, and areas of Commerce. ringed and bearded seals. ACTION: Notice; issuance of an Incidental similar significance, and on the A detailed description of ICEX20 Harassment Authorization (IHA). availability of the species or stocks for activities is provided in the Federal taking for certain subsistence uses Register notice for the proposed IHA (84 SUMMARY: In accordance with the (referred to in shorthand as FR 68886; December 17, 2019). Since regulations implementing the Marine ‘‘mitigation’’); and requirements that time, no changes have been made Mammal Protection Act (MMPA) as pertaining to the monitoring and to the planned activities. Therefore, a amended, notification is hereby given reporting of the takings must be set detailed description is not provided that NMFS has issued an IHA to the forth. here. Please refer to that Federal United States Department of the Navy The NDAA (Pub. L. 108–136) Register notice for the description of the (Navy) to incidentally harass, by Level removed the ‘‘small numbers’’ and specific activity. B harassment only, marine mammals ‘‘specified geographical region’’ during submarine training and testing limitations indicated above and Comments and Responses activities associated with Ice Exercise amended the definition of ‘‘harassment’’ A notice of NMFS’s proposal to issue 2020 (ICEX20) north of Prudhoe Bay, as it applies to a ‘‘military readiness an IHA to the Navy was published in Alaska. The Navy’s activities are activity.’’ The activity for which the Federal Register on December 17, considered military readiness activities incidental take of marine mammals is 2019 (84 FR 68886). That notice pursuant to the MMPA, as amended by being requested addressed here qualifies described, in detail, the Navy’s activity, the National Defense Authorization Act as a military readiness activity. The the marine mammal species that may be for Fiscal Year 2004 (NDAA). definitions of all applicable MMPA affected by the activity, and the DATES: This authorization is effective statutory terms cited above are included anticipated effects on marine mammals. from February 1, 2020, through January in the relevant sections below. During the 30-day public comment 31, 2021. Summary of Request period, NMFS received a comment letter FOR FURTHER INFORMATION CONTACT: from the Marine Mammal Commission Amy Fowler, Office of Protected On July 3, 2019, NMFS received a (Commission). Resources, NMFS, (301) 427–8401. request from the Navy for an IHA to take Comment 1: The Commission noted Electronic copies of the application and marine mammals incidental to that the Navy used cutoff distances supporting documents, as well as a list submarine training and testing instead of relying on Bayesian biphasic of the references cited in this document, activities, including establishment of a dose response functions (BRFs) to may be obtained online at: https:// tracking range on an ice floe in the inform take estimates. The Commission www.fisheries.noaa.gov/permit/ Beaufort Sea and Arctic Ocean north of asserted that the cutoff distances used incidental-take-authorizations-under- Prudhoe Bay, Alaska. The application by the Navy are unsubstantiated and marine-mammal-protection-act. In case was deemed adequate and complete on that the Navy arbitrarily set a cutoff of problems accessing these documents, November 22, 2019. The Navy’s request distance of 10 kilometers (km) for please call the contact listed above. was for take of ringed seals (Pusa pinnipeds, which could effectively SUPPLEMENTARY INFORMATION: hispida hispida) and bearded seals eliminate a large portion of the (Erignathus barbatus) by Level B estimated number of takes. The Background harassment. Neither the Navy nor NMFS Commission, therefore, recommended The MMPA prohibits the ‘‘take’’ of expect serious injury or mortality to that the Navy refrain from using cut-off marine mammals, with certain result from this activity. Therefore, an distances in conjunction with the exceptions. Sections 101(a)(5)(A) and IHA is appropriate. Bayesian BRFs. VerDate Sep<11>2014 18:54 Feb 04, 2020 Jkt 250001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\05FEN1.SGM 05FEN1 jbell on DSKJLSW7X2PROD with NOTICES Federal Register / Vol. 85, No. 24 / Wednesday, February 5, 2020 / Notices 6519 Response: We disagree with the Renewals are available for more than area and summarizes information Commission’s recommendation. The one year. Any given Federal Register related to the population or stock, derivation of the behavioral response notice considering a Renewal clearly including regulatory status under the functions and associated cutoff indicates that it is only being considered MMPA and ESA and potential distances is provided in the Navy’s for one year. Accordingly, changes to biological removal (PBR), where known. Criteria and Thresholds for U.S. Navy the Renewal language on the website, For taxonomy, we follow Committee on Acoustic and Explosive Effects Analysis Federal Register notices, or Taxonomy (2018). PBR is defined by the (Phase III) technical report (Navy authorizations is not necessary. MMPA as the maximum number of 2017a). The consideration of proximity animals, not including natural (distance cutoff) was part of criteria Changes From the Proposed IHA to Final IHA mortalities, that may be removed from a developed in consultation with NMFS marine mammal stock while allowing and was applied within the Navy’s BRF. NMFS has added specific elements that stock to reach or maintain its Distance cutoffs beyond which the that must be reported in the Navy’s optimum sustainable population (as potential of significant behavioral post-activity monitoring report. These described in NMFS’s SARs). While no responses were considered to be requirements are detailed in the mortality or serious injury is anticipated unlikely were used in conducting Monitoring and Reporting section of this or authorized here, PBR and annual analysis for ICEX20. The Navy’s BRF notice. serious injury and mortality from applied within these distances is an Description of Marine Mammals in the anthropogenic sources are included here appropriate method for providing a Area of Specified Activities as gross indicators of the status of the realistic (but still conservative where species and other threats. some uncertainties exist) estimate of Sections 3 and 4 of the application impact and potential take for these summarize available information Marine mammal abundance estimates activities. regarding status and trends, distribution presented in this notice represent the Comment: The Commission and habitat preferences, and behavior total number of individuals that make recommended that NMFS stipulate that and life history, of ringed and bearded up a given stock or the total number an IHA Renewal