82_FR_25408 82 FR 25304 - Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Pacific Walruses and Polar Bears in Alaska and Associated Federal Waters

82 FR 25304 - Marine Mammals; Incidental Take During Specified Activities; Proposed Incidental Harassment Authorization for Pacific Walruses and Polar Bears in Alaska and Associated Federal Waters

DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service

Federal Register Volume 82, Issue 104 (June 1, 2017)

Page Range25304-25322
FR Document2017-11381

We, the U.S. Fish and Wildlife Service, in response to a request under the Marine Mammal Protection Act of 1972, as amended, from Quintillion Subsea Operation, LLC, propose to authorize the incidental taking by harassment of small numbers of Pacific walruses and polar bears from July 1 to November 15, 2017. The applicant has requested this authorization for its planned fiber optic cable-laying activities. The area specified for inclusion in the proposed authorization includes Federal waters of the northern Bering, Chukchi, and western portions of the southern Beaufort Seas, the marine waters of the State of Alaska, and coastal land adjacent to Nome, Kotzebue, Point Hope, Wainwright, Utqiagvik (formerly Barrow), and Oliktok Point, as shown in Figure 1. We anticipate no take by injury or death and include none in this proposed authorization, which if finalized, will be for take by harassment only.

Federal Register, Volume 82 Issue 104 (Thursday, June 1, 2017)
[Federal Register Volume 82, Number 104 (Thursday, June 1, 2017)]
[Notices]
[Pages 25304-25322]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-11381]


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DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[FWS-R7-ES-2017-N065; FF07CAMM00-FX-FXEX111607MRG01]


Marine Mammals; Incidental Take During Specified Activities; 
Proposed Incidental Harassment Authorization for Pacific Walruses and 
Polar Bears in Alaska and Associated Federal Waters

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of receipt of application and proposed incidental 
harassment authorization; availability of draft environmental 
assessment; request for comments.

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SUMMARY: We, the U.S. Fish and Wildlife Service, in response to a 
request under the Marine Mammal Protection Act of 1972, as amended, 
from Quintillion Subsea Operation, LLC, propose to authorize the 
incidental taking by harassment of small numbers of Pacific walruses 
and polar bears from July 1 to November 15, 2017. The applicant has 
requested this authorization for its planned fiber optic cable-laying 
activities. The area specified for inclusion in the proposed 
authorization includes Federal waters of the northern Bering, Chukchi, 
and western portions of the southern Beaufort Seas, the marine waters 
of the State of Alaska, and coastal land adjacent to Nome, Kotzebue, 
Point Hope, Wainwright, Utqiagvik (formerly Barrow), and Oliktok Point, 
as shown in Figure 1. We anticipate no take by injury or death and 
include none in this proposed authorization, which if

[[Page 25305]]

finalized, will be for take by harassment only.

DATES: We will consider comments we receive on or before July 3, 2017.

ADDRESSES: 
    Document availability: The incidental harassment authorization 
request, associated draft environmental assessment, and literature 
cited are available for viewing at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.
    Comments submission: You may submit comments on the proposed 
incidental harassment authorization and associated draft environmental 
assessment by one of the following methods:
     U.S. mail or hand-delivery: Public Comments Processing, 
Attention: Ms. Kimberly Klein, U.S. Fish and Wildlife Service, MS 341, 
1011 East Tudor Road, Anchorage, Alaska 99503;
     Fax: (907) 786-3816, Attention: Ms. Kimberly Klein; or
     Email comments to: [email protected].
    Please indicate whether your comments apply to the proposed 
incidental harassment authorization or the draft environmental 
assessment. We will post all comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm. See Request for Public Comments below for more 
information.

FOR FURTHER INFORMATION CONTACT: Copies of the application, the list of 
references used in the notice, and other supporting materials may be 
downloaded from the web at: http://www.fws.gov/alaska/fisheries/mmm/iha.htm. You may also contact Ms. Kimberly Klein by mail at Marine 
Mammals Management, U.S. Fish and Wildlife Service, MS 341, 1011 East 
Tudor Road, Anchorage, AK 99503; by email at [email protected]; or 
by telephone at 1-800-362-5148, to request documents.

SUPPLEMENTARY INFORMATION: In response to a request from Quintillion 
Subsea Operation, LLC (Quintillion or ``the applicant''), we propose to 
authorize the incidental taking by harassment of small numbers of 
Pacific walruses and polar bears from July 1 to November 15, 2017, 
under section 101(a)(5)(D) of the Marine Mammal Protection Act of 1972 
(MMPA), as amended. Quintillion has requested this authorization for 
its planned cable-laying activities in Federal waters of the northern 
Bering, Chukchi, and western portions of the southern Beaufort Seas, 
the marine waters of the State of Alaska, and coastal land adjacent to 
Nome, Kotzebue, Point Hope, Wainwright, Utqiagvik, and Oliktok Point, 
as specified in Figure 1. We anticipate no take by injury or death and 
include none in this proposed authorization, which, if finalized, would 
be for take by harassment only.

Executive Summary

Why We Need To Publish a Draft Incidental Harassment Authorization 
(IHA)

    Section 101(a)(5)(D) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the U.S. Fish and Wildlife Service (Service) to allow, upon request, 
and for periods of not more than 1 year, the incidental but not 
intentional take of small numbers of marine mammals by U.S. citizens 
who engage in a specified activity (other than commercial fishing) 
within a specified geographical area if certain findings are made 
regarding the effects of the take. The Service has received a petition 
from Quintillion to provide authorization for the incidental take by 
harassment of Pacific walruses (Odobenus rosmarus divergens) and polar 
bears (Ursus maritimus) for a cable-laying project that is intended to 
improve broadband internet service in northern Alaska. The project is a 
continuation of work begun in 2016. The MMPA directs the Service to 
provide opportunity for public comment prior to finalizing this 
authorization.

The Effect of This Authorization

    The MMPA allows the Service to authorize, upon request, the 
incidental take of small numbers of marine mammals as part of a 
specified activity within a specified geographic region. In this case, 
the Service may authorize the incidental, but not intentional, take by 
harassment of small numbers of Pacific walruses and polar bears by 
Quintillion during the specified cable-laying project activities if we 
determine that such harassment during each period will:
     Have no more than a ``negligible impact'' on the species 
or stock of Pacific walruses and polar bears; and
     Not have an ``unmitigable adverse impact'' on the 
availability of Pacific walruses and polar bears for taking for 
subsistence uses by coastal dwelling Alaska Natives.

If we make these determinations, the Service shall prescribe, where 
applicable:
     Permissible methods of taking by harassment pursuant to 
the proposed activity;
     Other means of effecting the least practicable impact on 
Pacific walruses and polar bears and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of Pacific walruses and polar 
bears for taking for subsistence uses by coastal dwelling Alaska 
Natives; and
     Requirements for the monitoring and reporting of the 
taking of Pacific walruses and polar bears by harassment during the 
proposed activities.

Request for Public Comments

    We intend that this authorization, if finalized, will be as 
accurate and as effective as possible. Therefore, we request comments 
or suggestions on this proposed authorization. We particularly seek 
comments concerning:
     Whether the proposed authorization, including the proposed 
activities, will have a negligible impact on the species or stocks of 
Pacific walrus or polar bear.
     Whether the proposed authorization will ensure that an 
unmitigable adverse impact on the availability of Pacific walruses or 
polar bears for subsistence taking does not occur.
     The appropriateness of the permissible methods of taking 
by harassment pursuant to the proposed activity.
     The appropriateness, effectiveness, and practicability of 
mitigation measures and other means of effecting the least practicable 
impact on Pacific walruses and polar bears and their habitat.
     The appropriateness, effectiveness, and practicability of 
requirements for the monitoring and reporting of the taking of Pacific 
walruses and polar bears by harassment during the proposed activities.

You may submit your comments and materials concerning this proposed 
authorization by one of the methods listed in ADDRESSES.
    If you submit a comment via [email protected], your 
entire comment--including any personal identifying information--may be 
made available to the public. If you submit a hardcopy comment that 
includes personal identifying information, you may request at the top 
of your document that we withhold this information from public review. 
However, we cannot guarantee that we will be able to do so. We will 
post all comments on http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Background

    Section 101(a)(5)(D) of the MMPA, as amended (16 U.S.C. 
1371(a)(5)(D)), authorizes the Secretary of the Interior (the 
Secretary) to allow, upon request of a citizen and subject to such 
conditions as the Secretary may specify, the incidental but not 
intentional taking by harassment of small numbers of marine

[[Page 25306]]

mammals of a species or population stock by such citizens who are 
engaging in a specified activity within a specified region. Incidental 
taking may be authorized only if the Secretary finds that such take 
during each period concerned will have a negligible impact on such 
species or stock and will not have an unmitigable adverse impact on the 
availability of such species or stock for subsistence use.
    Section 101(a)(5)(D) of the MMPA establishes a process by which 
citizens of the United States can apply for an authorization for 
incidental take of small numbers of marine mammals where the take will 
be limited to harassment during a period of not more than 1 year. We 
refer to these incidental harassment authorizations as ``IHAs.''
    The term ``take,'' as defined by the MMPA, means to harass, hunt, 
capture, or kill, or to attempt to harass, hunt, capture, or kill any 
marine mammal. Harassment, as defined by the MMPA, means any act of 
pursuit, torment, or annoyance which: (i) Has the potential to injure a 
marine mammal or marine mammal stock in the wild (the MMPA calls this 
``Level A harassment''), or (ii) has the potential to disturb a marine 
mammal or marine mammal stock in the wild by causing disruption of 
behavioral patterns, including, but not limited to, migration, 
breathing, nursing, breeding, feeding, or sheltering (the MMPA calls 
this ``Level B harassment'').
    The terms ``small numbers,'' ``negligible impact,'' and 
``unmitigable adverse impact'' are defined in title 50 of the Code of 
Federal Regulations at 50 CFR 18.27, the Service's regulations 
governing take of small numbers of marine mammals incidental to 
specified activities. ``Small numbers'' is defined as a portion of a 
marine mammal species or stock whose taking would have a negligible 
impact on that species or stock. However, we do not rely on that 
definition here, as it conflates the terms ``small numbers'' and 
``negligible impact,'' which we recognize as two separate and distinct 
requirements. Instead, in our small numbers determination, we evaluate 
whether the number of marine mammals likely to be taken is small 
relative to the size of the overall population. ``Negligible impact'' 
is defined as an impact resulting from the specified activity that 
cannot be reasonably expected to, and is not reasonably likely to 
adversely affect the species or stock through effects on annual rates 
of recruitment or survival. ``Unmitigable adverse impact'' is defined 
as an impact resulting from the specified activity: (1) That is likely 
to reduce the availability of the species to a level insufficient for a 
harvest to meet subsistence needs by (i) causing the marine mammals to 
abandon or avoid hunting areas, (ii) directly displacing subsistence 
users, or (iii) placing physical barriers between the marine mammals 
and the subsistence hunters; and (2) that cannot be sufficiently 
mitigated by other measures to increase the availability of marine 
mammals to allow subsistence needs to be met.
    In order to issue an IHA, the Service must, where applicable, set 
forth the following: (1) Permissible methods of taking; (2) means of 
effecting the least practicable impact on the species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance; and (3) requirements pertaining to the 
monitoring and reporting of such takings. Habitat areas of significance 
for Pacific walruses in the project area include marginal sea-ice 
zones, important feeding areas, and terrestrial haulouts. Habitat areas 
of significance for polar bears include den sites, sea-ice, barrier 
islands, and areas free from sources of disturbance.

Summary of Request

    On November 28, 2016, Quintillion submitted a request to the 
Service for the nonlethal taking by Level B harassment of Pacific 
walruses and polar bears that may occur incidental to the completion of 
a cable-laying project begun in 2016. An amended request was received 
on January 19, 2017, and additional project information was received on 
February 10, 2017.
    Most of this project was completed in 2016, and the Service issued 
an IHA on August 11, 2016, after opportunity for public comment (81 FR 
40902, June 23, 2016) in response to Quintillion's request at that 
time, however, additional work is needed to complete the project. The 
proposed work will occur during the summer/fall open-water season of 
2017 and will include installation of 76 kilometers (km) (47 miles 
(mi)) of cable north of Oliktok Point in the Beaufort Sea, testing 
along the entire cable route, and operations and maintenance (O&M) of 
any areas that do not meet testing requirements.
    Quintillion is requesting incidental take by Level B harassment of 
250 Pacific walruses and 20 polar bears from disruption of behavioral 
patterns and exposure to sound levels exceeding 160 decibels (dB). All 
dB levels are referenced to 1 [mu]Pa for underwater sound. All dB 
levels herein are dBRMS unless otherwise noted; 
dBRMS refers to the root-mean-squared dB level, the square 
root of the average of the squared sound pressure level over some 
duration (typically 1 second). All sound source levels reported herein 
are as measured at 1 m (3 ft) from the source.
    Prior to issuing an IHA, the Service must evaluate the level of 
activities described in the application, the potential impacts to 
Pacific walruses and polar bears, and the potential effects on the 
availability of these species for subsistence use. Complete copies of 
Quintillion's request and supporting documents are available at: http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Description of the Specified Activities and Geographic Area

    In 2016, Quintillion installed fiber optic cable in the marine 
waters of the northern Bering, Chukchi, and southwestern Beaufort Seas, 
in waters of the State of Alaska, and on coastal land of Alaska (Figure 
1). Quintillion plans to complete the project in 2017. When completed, 
the subsea fiber optic cable network will link with an existing 
terrestrial[hyphen]based system to provide high-speed internet to six 
rural Alaska communities. The project will consist of 1,904 km (1,183 
mi) of submerged cable, including a main trunk line and six branch 
lines to onshore facilities in Nome, Kotzebue, Point Hope, Wainwright, 
Utqiagvik (formerly Barrow), and Oliktok Point. Oliktok Point is 
located 260 km (162 mi) southeast of Point Barrow. This line will 
connect over land with the community of Nuiqsut and the Prudhoe Bay 
industrial center. Additional project details are available in 
Quintillion's IHA application, available online at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

[[Page 25307]]

[GRAPHIC] [TIFF OMITTED] TN01JN17.020

    The 2016 program successfully installed the vast majority (96 
percent) of the cable, but did not complete the entire project. Work 
scheduled for the 2017 season includes installation of 76 km (47 mi) of 
cable along the Oliktok branch line, system testing, and O&M. The O&M 
activities will occur along portions of the cable that do not meet 
testing requirements and will involve inspecting, retrieving, 
repairing, and reburying cable. The O&M work will also include 
placement of up to four 6-meter (m) by 3-m (20-foot (ft) by 10-ft) 
concrete mattresses to protect cable splices from ice scour.
    Activities associated with the project, including mobilization, 
preliminary work, cable laying, O&M, post-burial work, and 
demobilization of survey and support crews are planned to occur June 1-
November 15, 2017. Work may occur day or night and will begin in the 
summer as soon as sea-ice conditions allow. Project vessels will not 
pass through or work in the Chukchi Sea prior to July 1, 2017. 
Therefore, encounters with Pacific walruses and polar bears in June are 
unlikely.
    Cable laying along the Oliktok branch line will use a variety of 
vessels and tools, depending on water depth. Vessels include a cable 
ship and a support vessel, shallow draft barges, and tugs. Equipment 
includes a sea plow, vibro plow, and a submerged remote operating 
vehicle (ROV). Cable components will include the cable, interconnecting 
hardware, and repeaters. Echo sounders, transceivers, and transponders 
will monitor the water depth and the position of equipment on the 
seafloor.
    The onshore cable landing at Oliktok Point was completed in 2016 
and included a segment of horizontal directionally drilled (HDD) pipe 
to connect the subsea cable with the land-based facilities. In shallow 
nearshore waters between the HDD pipe and approximately 6.5 km (4 mi) 
from shore, cable will be placed in a trench dug by a vibro plow. The 
vibro plow will be pulled by a construction barge (the Crowley 218 or 
similar). Maximum trenching speed is 1.6 km per hour (km/h) (0.6 mi per 
hour (mi/h) or 0.54 knots (kn)). The construction barge will winch 
itself along the route using moored anchor lines. The anchors will be 
placed by a derrick operating from the deck of a small pontoon barge. A 
small river tug will maneuver the pontoon barge into position. The 
pontoon barge and river tug will also be used to retrieve the anchors 
after the cable is laid.
    In deeper water, between approximately 6.5-16.5 km (4-10.3 mi) from 
shore, work will be conducted from the construction barge pulling the 
vibro plow and winching itself along anchor lines in the same manner as 
for the shallow-water work. However, in this section, a larger ocean-
class tug (the Vos Thalia or a similar tug) will be used to place and 
move the anchors.
    In offshore areas, including along approximately 60 km (37 mi) of 
the Oliktok line, the cable will be laid by the Ile de Batz or a 
similar vessel (Ile de Sein, CB Networker, or Ile de Brehat). The ship 
is 140 m (460 ft) in length and 23 m (77 ft) in breadth, with berths 
for a crew of 70. It pulls a sea plow that cuts a trench while cable is 
fed through a depressor that pushes it into the trench. Prior to laying 
cable, seafloor sediment may be loosened by making multiple passes with 
the sea plow (this activity is termed ``pre-trenching''). The normal 
speed during plowing and pre-trenching is approximately 0.6 km/h (0.37 
mi/h or 0.32 kn).
    The Ile de Batz will also perform O&M operations along the entire 
system, including the main trunk line and six

[[Page 25308]]

branch lines. Recovery and repair of faulty cable sections include 
retrieving the cable, repairing it aboard the ship, and if required, 
reburying the cable. Cable trenches should fill in by natural current 
processes, but Quintillion will ensure that cable splices and 
interconnections are fully buried. It is not possible to determine the 
amount of cable to be retrieved or reburied prior to testing, but could 
involve several km for each fault repair. Quintillion provided a 
maximum estimate of up to 125 km (78 mi) of cable repair or reburial 
work for the entire project. Based on O&M needs for other projects, 
this estimate also includes a buffer for possible complications due to 
the Arctic environment.
    Quintillion proposes to conduct limited ice management, if needed. 
Cable laying cannot be done in the presence of ice due to safety 
concerns, but Quintillion hopes to begin work on the Oliktok branch as 
soon as possible after the seasonal retreat of sea-ice from Alaska's 
northern coast. The Ile de Batz must transit past Point Barrow for this 
work. Since 2007, breakup of coastal sea-ice along much of Alaska's 
North Slope has occurred in June, but a persistent ice field north of 
Point Barrow often remains into July. Ice could also reappear during 
the season or at the end of the season. Quintillion proposes to 
traverse broken ice around Point Barrow with the aid of an ice tug 
that, if needed, will maneuver a path through the ice field. The tug 
will clear a path for the cable ship by pushing individual ice floes 
aside. Ice management will only occur during an approximately 50-km 
(31-mi) transit past Point Barrow or in the event of unexpected safety 
concerns.

Description of Marine Mammals in the Area of Specified Activity

Pacific Walruses

    The stock of Pacific walruses is composed of a single panmictic 
population inhabiting the shallow continental shelf waters of the 
Bering and Chukchi Seas (Lingqvist et al. 2009; Berta and Churchill 
2012). The size of the stock is historically uncertain. In 2006, the 
U.S. and Russian Federation (Russia) conducted a joint aerial survey in 
the pack ice of the Bering Sea using thermal imaging systems and 
satellite transmitters to count Pacific walruses in the water and 
hauled out on sea-ice. The number within the surveyed area was 
estimated at 129,000 with a 95 percent confidence interval (CI) of 
55,000 to 507,000 individuals. This estimate is considered a minimum; 
weather conditions forced termination of the survey before large areas 
were surveyed (Speckman et al. 2011).
    Pacific walrus distribution is largely influenced by the extent of 
the seasonal pack ice and prey densities. From April through June, most 
of the population migrates from the Bering Sea through the Bering 
Strait and into the Chukchi Sea. Pacific walruses tend to migrate into 
the Chukchi Sea along lead systems that develop in the sea-ice. During 
the open-water season, Pacific walruses are closely associated with the 
edge of the seasonal pack ice as it retreats northward between Russian 
waters to areas west of Point Barrow, Alaska. Most of these animals 
remain in the Chukchi Sea throughout the summer months, but a few 
occasionally range into the Beaufort Sea. Oil and gas industry 
observers reported 35 walrus sightings east of Point Barrow 
(approximately 156.5[deg] W.) from 1995 through 2012 (Kalxdorff and 
Bridges 2003; AES Alaska 2015; USFWS unpublished data).
    Pacific walruses typically occupy in waters of 100 m (328 ft) depth 
or less although they are capable of diving to greater depths. When 
available, they use sea-ice as a resting platform over feeding areas, 
as well as for giving birth, nursing, passive transportation, and 
avoiding predators (Fay 1982; Ray et al. 2006). Benthic invertebrates 
are their primary prey, but Alaska Native hunters have reported some 
Pacific walruses preying on seals, while fish and birds are also 
occasionally consumed (Sheffield and Grebmeier 2009; Seymour et al. 
2014). Foraging trips from sea-ice or terrestrial haulouts may last for 
several days, during which the animals dive to the bottom and feed 
nearly continuously. Foraging dives typically last 5-10 minutes, with 
surface intervals of 1-2 minutes. Disturbance of the sea floor by 
foraging Pacific walruses, known as bioturbation, releases nutrients 
into the water column, provides food for scavenger organisms, 
contributes to the diversity of the benthic community, and is thought 
to have a significant influence on the ecology of the Bering and 
Chukchi Seas (Ray et al. 2006). Bivalve clams of the genera Macoma, 
Serripes, and Mya appear to be the most important prey based on both 
stomach contents and prey availability at Pacific walrus feeding areas 
(Sheffield and Grebmeier 2009).
    Hanna Shoal is the most important foraging area known for Pacific 
walruses in the eastern Chukchi Sea (Brueggeman et al. 1990, 1991; 
MacCracken 2012; Jay et al. 2012). The unique bathymetric and current 
patterns at Hanna Shoal deposit nutrients from the Bering Sea on the 
ocean floor where they feed a rich benthic ecosystem. Jay et al. (2012) 
tracked radio-tagged Pacific walruses to estimate areas of foraging and 
occupancy in the Chukchi Sea during June-November of 2008-2011 (years 
when sea-ice was sparse over the continental shelf) and observed high 
use areas in the relatively shallow waters of Hanna Shoal. Based on 
this information, the Service designated 24,600 km\2\ (9,500 mi\2\) of 
the Chukchi Sea as the Hanna Shoal Walrus Use Area (HSWUA).
    Pacific walruses are gregarious animals. They travel and haul out 
onto ice or land in groups, and spend approximately 20-30 percent of 
their time out of the water. Hauled-out animals tend to be in close 
physical contact. Young animals often lie on top of adults. The size of 
the hauled-out groups can range from a few animals to several thousand 
individuals. The largest aggregations occur at land haulouts. Use of 
terrestrial haulouts in the eastern Chukchi Sea by large numbers has 
been common during recent years of low summer sea-ice. At these times 
the edge of the pack ice moves north into the Arctic Basin where the 
water depth is too great for Pacific walruses to feed. In recent years, 
the barrier islands north of Point Lay have held large aggregations of 
up to 20,000 to 40,000 animals in late summer and fall (Monson et al. 
2013). Pacific walruses hauled out near Point Lay are known to travel 
to Hanna Shoal and back for feeding forays.
    The pack ice usually advances rapidly southward in late fall, and 
most Pacific walruses return with it, arriving in the Bering Sea by 
mid- to late-November. During the winter breeding season, concentration 
areas form in the Bering Sea where open leads, polynyas (an area of 
open water surrounded by sea-ice), or thin ice occur (Fay et al. 1984; 
Garlich-Miller et al. 2011). Detailed information on the biology and 
status of the species is available at http://www.fws.gov/alaska/fisheries/mmm/.

Polar Bears

    Polar bears are distributed throughout the circumpolar Arctic 
region. The total world population is estimated to be 26,000 (95 
percent CI = 22,000-31,000; Wiig et al. 2015). In Alaska, polar bears 
have historically been observed as far south in the Bering Sea as St. 
Matthew Island and the Pribilof Islands (Ray 1971). Two subpopulations, 
or stocks, occur in Alaska, the Chukchi Sea (CS) stock and the Southern 
Beaufort Sea (SBS) stock. An extensive area of overlap between the CS 
and SBS stocks occurs between Point Barrow and Point

[[Page 25309]]

Hope (Amstrup et al. 2004; Obbard et al. 2010; Wiig et al. 2015). Polar 
bears in this area may be from either stock (Amstrup et al. 2004). A 
detailed description of the CS and SBS stocks is found in USFWS (2017).
    The SBS stock is shared with Canada and had an estimated size of 
approximately 900 bears in 2010 (90 percent CI = 606-1212; Bromaghin et 
al. 2015). This represents a 25-50 percent reduction from previous 
estimates of approximately 1,800 in 1986 (Amstrup et al. 1986), and 
1,526 in 2006 (Regehr et al. 2006). Analyses of over 20 years of data 
on the size and body condition of bears in this subpopulation 
demonstrated declines for most sex and age classes (Rode et al. 2010a). 
Declines in body condition have occurred concurrently with reductions 
in annual sea-ice availability (Rode et al. 2010a, 2012). Reductions in 
summer sea-ice extent may be associated with low prey abundance or 
limited access to prey (Bromaghin et al. 2015).
    The CS stock is shared with Russia. The most recent abundance 
estimate, based on expert opinion and extrapolation of denning surveys 
on Wrangel Island in Russia, was 2,000 bears in 2002 (PBSG 2002). The 
current status and trend of the CS stock are unknown due to a lack of 
data. A comparison of data from the period 1986-1994 with data from the 
period 2008-2011 indicated that polar bears from the CS maintained 
similar body condition and productivity (e.g., number of yearlings per 
female) between those periods despite declines in sea-ice (Rode et al. 
2014).
    Polar bears depend on sea-ice for a number of purposes, including 
as a platform from which to hunt and feed. Polar bears are typically 
most abundant near the ice edges or openings in the ice over relatively 
shallow continental shelf waters with high marine productivity (Durner 
et al. 2004). Their primary prey is ringed (Pusa hispida) and bearded 
seals (Erignathus barbatus), although diet varies regionally with prey 
availability (Thiemann et al. 2008, Cherry et al. 2011). Typically, 
polar bears remain on the sea-ice throughout the year or spend only 
short periods on land, where they will opportunistically scavenge or 
feed on beached marine mammal carcasses (Kalxdorff and Fischbach 1998). 
Remains of bowhead whale (Balaena mysticetus) made available following 
subsistence harvest by Alaska Native communities is an important food 
source for some polar bears, and may comprise up to 70 percent of the 
fall diet (Rogers et al. 2015). Although polar bears have been observed 
using terrestrial foods such as blueberries (Vaccinium sp.), snow geese 
(Anser caerulescens), and caribou (Rangifer tarandus), prolonged 
consumption of terrestrial foods by polar bears is linked with declines 
in body condition and survival (Rode et al. 2015a). These alternate 
foods cannot replace the energy-dense diet polar bears obtain from 
marine mammals (e.g., Derocher et al. 2004; Rode et al. 2010b; Smith et 
al. 2010b).
    Seasonal polar bear distribution and movement patterns are linked 
to changes in sea-ice habitat; future patterns may differ from those of 
the past (Durner et al. 2007; Rode et al. 2014; Wilson et al. 2016). 
Historically, in the Chukchi Sea and Beaufort Sea areas, less than 10 
percent of the polar bear locations obtained via radio telemetry were 
on land (Amstrup 2000; Amstrup, U.S. Geological Survey, unpublished 
data). However, in recent years, the proportion of time spent on land 
and the number of bears observed using the coastal areas has increased, 
particularly during the summer and fall (Schliebe et al. 2008, Rode et 
al. 2015b, Atwood et al. 2016b). This is most likely due to the retreat 
of the sea-ice beyond the continental shelf and the associated increase 
in open water during the summer and early fall (Zhang and Walsh 2006; 
Serreze et al. 2007; Stroeve et al. 2007). Once sea-ice concentration 
drops below 50 percent, polar bears tend to abandon sea-ice for land. 
Alternately, bears may retreat northward with the consolidated pack ice 
over the deep water of the polar basin. In both instances, polar bears 
are likely to find limited prey and may reduce their activity levels 
and lower body temperatures to save energy (Whiteman et al. 2015).
    Diminished sea-ice cover also increases the areas of open water 
across which polar bears must swim to reach land or remaining sea-ice. 
As areas of unconsolidated ice increase and movement patterns of sea-
ice change, some bears are also likely to lose contact with the main 
body of ice. These bears may be more likely to drift into unsuitable 
habitat and attempt to swim long distances to return (Sahanatien and 
Derocher 2012). Researchers have observed that in some cases bears that 
swim long distances during the open water period may become vulnerable 
to exhaustion and storms (Durner et al. 2011; Pagano et al. 2012).
    Climate change may also affect the movement patterns and 
reproductive success of polar bears. Pregnant females will seek out den 
sites on land or on multiyear sea-ice where accumulation of snow is 
sufficient for construction of a well-insulated den. Pregnant females 
typically enter maternity dens by late November and emerge with cubs in 
late March or April. Pregnant females are the only polar bears that den 
for an extended period during the winter; others may excavate temporary 
shelter to escape harsh winter winds. In Alaska, denning habitat is 
frequently located on barrier islands, riverbank drainages, and coastal 
bluffs. For a pregnant polar bear to reach denning areas on land, pack 
ice must drift close enough or must freeze sufficiently early to allow 
her to walk or swim to shore in the fall (Derocher et al. 2004). 
Distance to the ice edge is thought to be a factor limiting denning on 
the coast of western Alaska by bears from the CS stock (Rode et al. 
2015b). In recent years, fewer dens have been found on pack ice, 
suggesting that these changes may be making pack ice less suitable for 
maternal denning (Fischbach et al. 2007; Rode et al. 2015b). Climate 
projections indicate continued loss of multiyear ice in summer and the 
possibility of total loss of summer sea-ice in the near future (Holland 
et al. 2006). These conditions may further limit or eliminate maternity 
denning on pack ice (Stirling and Derocher 2012).
    In 2008, the Service listed the polar bear as threatened under the 
Endangered Species Act (ESA) of 1973, as amended (16 U.S.C. 1531 et 
seq.) due to impacts from climate change. Climate change in the Arctic, 
driven by increasing atmospheric concentrations of anthropogenic 
greenhouse gases, is the primary threat to polar bears, and is expected 
to impact polar bears in a variety of ways. These impacts include 
reduced sea-ice and a related decrease in prey and seal hunting habitat 
(Atwood et al. 2015). Reductions in sea-ice are expected to increase 
the polar bears' energetic costs of traveling, since moving through 
fragmented sea-ice and swimming in open water requires more energy than 
walking across consolidated sea-ice (Cherry et al. 2009, Pagano et al. 
2012, Rode et al. 2014). Bromaghin et al. 2015 linked declines in 
summer sea-ice to reduced physical condition, growth, and survival of 
polar bears. Projections indicate continued climate warming through the 
end of this century and beyond (IPCC 2014). The long-term consequences 
for polar bear populations are uncertain but under unabated greenhouse 
gas emissions, demographic models project a high probability of 
population decline throughout the Arctic (Atwood et al. 2015).
    The Service recently completed a 5-Year status review for the polar 
bear (USFWS 2017). It concludes that new information continues to 
support that polar bears rely heavily on sea-ice for

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essential life functions and that increasing atmospheric levels of 
greenhouse gases are contributing to Arctic warming and loss of sea-ice 
habitat. Although the global population of polar bears is currently 
estimated to be approximately 26,000, we anticipate that the continued 
loss of sea-ice will cause the population to decline. The Service also 
recently issued a Polar Bear Conservation Management Plan that 
highlights the need to take global action to address climate change, 
and describes management measures that can be taken to ensure polar 
bears are in a position to recover once the necessary global actions 
are taken (USFWS 2016).

Potential Impacts of the Activities on Pacific Walruses and Polar Bears

    Quintillion's vessels are most likely to encounter Pacific walruses 
in the Chukchi and Bering Seas. The Beaufort Sea east of 153[deg] W is 
considered extralimital for Pacific walruses, so encounters are 
unlikely in that region. Polar bears from either the SBS or CS stock 
could be present at any time throughout the project area, including at 
sea. Quintillion's vessels will most likely encounter polar bears among 
sea-ice near Point Barrow in July or along the coast of the 
southwestern Beaufort Sea in August and September.

Acoustic Impacts

    Pacific walruses and polar bears may be exposed to underwater noise 
from Quintillion's activities. Exposure to high levels of underwater 
sound at close range may cause hearing loss or mask communications. 
Exposure at greater distances can cause behavioral disturbances.
    Pacific walruses are capable of hearing sounds both in air and in 
water. Kastelein et al. (1996) tested the in-air hearing of one captive 
individual from 125 hertz (Hz)-8 kilohertz (kHz) and determined the 
animal could hear all frequency ranges tested, with the greatest 
sensitivity from 250 Hz-2 kHz. Kastelein et al. (2002) also tested the 
underwater hearing of the same individual and determined that his range 
of hearing was 1 kHz-12 kHz with greatest sensitivity at 12 kHz. The 
sample size of one animal warrants caution since other pinnipeds can 
hear up to 40 kHz.
    There is limited information on the hearing abilities of polar 
bears. Nachtigall et al. (2007) tested airborne auditory response to 
stimuli from electrodes placed on the scalp of three captive polar 
bears. Testing was limited to frequencies ranging from 1 to 22.5 kHz; 
responses were detected at all frequencies greater than 1.4 kHz. 
Greatest sensitivity was detected in the range from 11.2-22.5 kHz. 
Absolute thresholds were less than 27-30 dB. Nachtigall et al. (2007) 
did not test the full frequency range of polar bear hearing. However, 
polar bears produce low frequency vocalizations and can detect low 
frequency seal calls in air (Cushing et al. 1988). These results 
indicate that polar bears have acute hearing abilities and can hear a 
wider range of frequencies than humans (which are limited to about 20 
kHz).
    While many of the noise sources generated by the Quintillion cable 
project are likely to be audible to polar bears both in and out of 
water, polar bears are unlikely to be disturbed by underwater noise as 
they generally do not dive far or for long below the surface and they 
normally swim with their heads above water where underwater noises are 
weak or undetectable. Sound levels also attenuate more rapidly near the 
surface due to turbulence. Masking of sound is unlikely as polar bears 
are not known to communicate underwater. Neither Pacific walruses nor 
polar bears are likely to be injured by airborne noise. Sound 
attenuates in air more rapidly than in water; airborne sound likely to 
be produced by the proposed action may cause disturbance, but is 
unlikely to cause temporary or permanent hearing damage.

Acoustic Sources

    Acoustic sources operating during cable laying will include 
propellers, dynamic positioning thrusters, plows, jets, ROVs, echo 
sounders, and positioning beacons. Sound production will depend on the 
vessels in use and their operations. The main Quintillion fleet will 
include up to seven vessels during the 2017 program. The cable-lay ship 
Ile de Batz (or an equivalent sister ship) will operate alone or will 
be accompanied by an ice-class tug. A construction barge pulling a 
vibro plow will install cable in areas too shallow for the Ile de Batz. 
A support vessel will accompany the cable ship as needed. Anchor 
handling will be conducted by a mid-size tug, or in very shallow water, 
a pontoon barge and small river tug.
    The Ile de Batz is propelled by two 4,000-kilowatt (kW) fixed-pitch 
propellers and will maintain dynamic positioning during cable-laying 
operations by using two 1,500-kW bow thrusters, two 1,500-kW aft 
thrusters, and one 1,500-kW fore thruster. Illingworth & Rodkin (I&R 
2016) conducted sound source verification (SSV) measurements of the Ile 
de Brehat (sister ship to the Ile de Batz) while operating near Nome at 
the beginning of Quintillion's 2016 field season. They found that noise 
from dynamic positioning as well as noise from the drive propellers 
both contributed significantly to the sound signature, but thruster 
noise was largely subordinate to propeller noise. I&R (2016) determined 
that maximum sound levels produced by the Ile de Brehat reached 185.2 
dB, and the best fit for modelling attenuation was a spreading loss 
model with a transmission loss of 17.36 Log R. Application of this 
model produced an estimated 160-dB ensonification zone reaching 29 m 
(95 ft) from the vessel. The Ile de Batz is expected to produce similar 
levels of sound while pulling the sea plow during pre-trenching and 
cable-laying operations in the offshore segment of the Oliktok branch.
    Anchor handling and ice management will be conducted by the Vos 
Thalia (the same tug used in 2016) or a similar-sized tug. There is no 
sound signature data on the 59-m (194-ft) Vos Thalia, but data is 
available for the 72-m (236-ft) Katun and the 84-m (276-ft) Tor Viking 
II. Hannay et al. (2004) and LGL/JASCO/Greeneridge (2014) measured 
sound production for the Katun and the Tor Viking II and documented 
sound levels reaching 184 dB and 188 dB, respectively, during anchor 
handling and ice management. Applying these sound levels to I&R's 
transmission loss model yields a 160-dB ensonification zone with a 
radius of 26 m (85 ft) for the Katun and 41 m (135 ft) for the Tor 
Viking II. Propeller cavitation rather than contact with the ice is 
expected to be the primary sound source during ice management 
activities by this class of vessel.
    The M/V Discoverer will provide support for the cable ship if 
needed. This 27-m (89-ft) dual-hulled vessel is considered ``ice-
hardened.'' It is not capable of conducting ice management, but will 
assist with ice detection and monitoring. It is powered by four 551-kW 
controllable pitch propellers. Sound production levels have not been 
documented for this vessel, but it will not be towing, plowing, or 
doing other particularly noisy work. During normal operations, noise 
from small ships typically elevates the natural ambient noise by 10-40 
dB (Malinowski 2002). Other ships in this size class are documented to 
produce sound levels of 127-129 dB (Chakraborty 2015).
    Noise generation from the construction barge will primarily be 
during use of the vibro plow. There are no available estimates of sound 
produced during cable installation by a vibro plow in the Arctic, but 
LouisDreyfus (2014) reported SSV results from various trenching 
equipment, including a vibro plow, in

[[Page 25311]]

offshore waters of France. Nedwell et al. (2003) recorded broadband 
sound levels reached during trenching in the United Kingdom. These 
studies reported source levels of 176 and 178 dB, respectively. If we 
use these sound levels to predict the radii of the ensonification zone 
during use of the vibro plow, we get an estimated distance of 16 m 
(52.5 ft) to the outer edge of the 160-dB zone. This estimate was 
derived using a practical spreading loss model with a transmission loss 
constant of 15 rather than I&R's (2016) 17.36 Log R transmission loss 
model. The I&R (2016) model was estimated from Quintillion's work in 
deeper offshore water. Use of the vibro plow will occur in shallow 
water. Sound carries farther in shallow water due to refraction and 
reflection, and, in this case, a practical spreading loss model is 
likely to be more accurate for predicting attenuation (NOAA 2012).
    A small river tug will be used to maneuver a pontoon barge during 
anchor handling in very shallow water. The specific tug has not yet 
been identified, but smaller tugs generally produce broadband 
underwater noise up to 180 dB; the loudest sounds are usually generated 
by thrusters when towing (Richardson et al. 1995, Blackwell and Greene 
2003). Applying the practical spreading loss model results in a maximum 
160-dB ensonification zone with a radius of 22 m.
    Echo sounders, transceivers, and transponders will be used to 
conduct hydroacoustic surveys of water depth and to guide the position 
of the plow and ROV. Sound levels produced by these sources can range 
from 210 to 226 dB at 1 m, but are generally at frequencies above the 
hearing sensitivities of Pacific walruses; typical frequencies are 24-
900 kHz. Pulses of sound are produced every 1-3 seconds in narrow 
downward-focused beams; there is very little horizontal propagation of 
noise. I&R (2016) attempted to measure echo sounder and transponder 
sound levels associated with the Ile de Brehat, but could not detect 
them, even at a very close range.
    Anchor handling with tugs, vibro plowing from the barge, and cable 
laying from the Ile de Batz may be conducted simultaneously, resulting 
in multiple or overlapping ensonification zones, particularly along the 
Oliktok cable branch. Ice management will not be done during cable 
laying, but will occur when the cable ship is underway. Thruster noise 
from the ice management tug and propeller cavitation noise from the 
cable ship will, therefore, occur concurrently, although propeller 
noise produced by the Ile de Batz during transit will be lower than 
that produced during cable laying. Sound from multiple sources may 
combine synergistically or partly cancel out, depending on the 
hydrodynamics and acoustics involved.

Acoustic Thresholds

    Potential acoustic impacts from exposure to high levels of sound 
may cause temporary or permanent changes in hearing sensitivity. 
Researchers have not studied the underwater hearing abilities of 
Pacific walruses sufficiently to develop species-specific criteria for 
preventing harmful exposure. Sound pressure level thresholds have been 
developed for other members of the pinniped taxonomic group, above 
which exposure is likely to cause behavioral responses and injuries 
(Finneran 2015).
    Historically, the National Marine Fisheries Service (NMFS) has used 
190 dB as a threshold for predicting auditory injury to pinnipeds, 
which equates to Level A harassment under the MMPA. The NMFS 190-dB 
injury threshold is an estimate of the sound level likely to cause a 
permanent shift in hearing thresholds (``permanent threshold shift'' or 
PTS). This value was modelled from temporary threshold shifts (TTS) 
observed in marine mammals (NMFS 1998; HESS 1999).
    Thresholds for predicting behavioral impacts equating to Level B 
take under the MMPA have been developed from observations of marine 
mammal responses to airgun operations (e.g., Malme et al. 1983a, 1983b; 
Richardson et al. 1986, 1995) or have been equated with TTS detected in 
lab settings. For pinnipeds, NMFS has traditionally adopted a 160-dB 
threshold for exposure to impulse noise and a 120-dB threshold for 
continuous noise (NMFS 1998; HESS 1999). Southall et al. (2007) 
assessed relevant studies, found considerable variability among 
pinnipeds, and determined that exposures between approximately 90-140 
dB generally do not appear to induce strong behavioral responses in 
pinnipeds in water, but an increasing probability of avoidance and 
other behavioral effects exists in the range between 120-160 dB.
    Southall et al. (2007) reviewed the literature and derived behavior 
and injury thresholds based on peak sound pressure levels of 212 dB 
(peak) and 218 dB (peak), respectively. Because onset of TTS can vary 
in response to duration of exposure, Southall et al. (2007) also 
derived thresholds based on sound exposure levels (SEL). The SEL can be 
thought of as a composite metric that represents both the magnitude of 
a sound and its duration. The study proposed threshold SELs weighted at 
frequencies of greatest sensitivities for pinnipeds of 171 dB (SEL) and 
186 dB (SEL) for behavioral impacts and injury, respectively (Southall 
et al. 2007). Kastak et al. (2005) found exposures resulting in TTS in 
pinniped test subjects ranging from 152 to 174 dB (183-206 dB SEL). 
Reichmuth et al. (2008) demonstrated a persistent TTS, if not a PTS, 
after 60 seconds of 184 dB SEL. Kastelein (2012) found small but 
statistically significant TTSs at approximately 170 dB SEL (136 dB, 60 
min) and 178 dB SEL (148 dB, 15 min). Finneran (2016) summarized these 
studies.
    New guidance has been recently released by NMFS (2016) for 
avoidance of underwater acoustic injury (Level A take) for marine 
mammals based on estimates of PTS summarized by Finneran (2016). The 
thresholds for non-impulse sound are based on cumulative SEL levels 
(SELcum) and include weighting adjustments that account for the 
sensitivity of different species to varying frequencies. These 
recommendations do not identify criteria for avoidance of Level B take, 
but do identify threshold sound levels above which marine mammals may 
experience TTS. For pinnipeds, PTS is predicted to occur at 219 dB 
SELcum, and TTS at 199 dB SELcum.
    Quintillion evaluated the probability of exceeding PTS thresholds 
given the project's predicted sound levels using calculations in ``Safe 
Distance Methodology for Mobile Sources'' user spreadsheet developed by 
NMFS for this purpose (see I&R 2016 for calculations). Model outcomes 
predict there is no area where injury thresholds for pinnipeds will be 
exceeded. We repeated these model calculations using the same 
assumptions to evaluate the likelihood of reaching TTS at 199 dB 
SELcum. The radius of the resulting sound isopleth was 1.9 m (6.2 ft) 
from the source.
    We then used the ``Stationary source: Non-Impulsive, Continuous'' 
model to predict the size of the 199 dB SELcum ensonification zone 
during stationary activities such as anchor handling. We assumed the 
maximum sound pressure level of 188 dB, a weighting adjustment factor 
of 2 for broadband sound below 8.5 kH, and a spreading loss constant of 
15 for shallow water. The model output predicts that pinnipeds within 
2.4 m (7.9 ft) of the sound source could experience TTS within 60 
seconds. Those remaining within 16 m (6.2 ft) of the sound source for 
17 minutes could experience TTS, as could those within 22 m (52.5 ft) 
for 28 minutes, 29 m (95 ft) for 43 minutes, and those remaining

[[Page 25312]]

within 41 m (135 ft) for 72 minutes or longer.
    Based on the NMFS (2016) estimates of TTS onset, most animals that 
are exposed to the maximum estimated sound production level (188 dB) 
will not remain within the radius of the 160-dB ensonification zone (41 
m (135 ft) from the vessel) long enough to experience TTS. Pacific 
walruses swim at an average speed of 7 km/h (4.4 mi/h) and maximum 
speeds up to 35 km/h (22 mi/h) (MarineBio 2013). At those rates of 
travel, a Pacific walrus could depart an ensonification zone within 1 
minute.
    The new thresholds help predict when animals may experience TTS, 
but behavioral reactions in response to noise or vessel activities 
remain a more likely cause of Level B take. Animals exposed to high 
levels of sound are not likely to experience TTS without also 
expressing significant changes in behavior. The best predictor of 
behavioral response for Pacific walruses exposed to underwater sound 
continues to be the distance at which the encounter occurs in relation 
to the sound levels produced.
    Applying a precautionary approach in the absence of empirical 
information, we assume it is possible that Pacific walruses exposed to 
190 dB or greater sound levels from underwater activities could suffer 
injury from PTS. Sound pressure levels greater than 180 dB could cause 
temporary shifts in hearing thresholds. Repeated or continuous exposure 
to sound levels between 160-180 dB may also result in TTS, and 
exposures above 160 dB are more likely to elicit behavioral responses 
than lower level exposures.
    The Service's underwater sound mitigation measures include 
employing ``Protected Species Observers'' (PSOs) to establish and 
monitor 160-dB, 180-dB, and 190-dB isopleth ensonification zones 
centered on any underwater sound source greater than 160 dB. 
Quintillion's work is not expected to generate sound levels greater 
than 190 dB, but PSOs will monitor areas within the 160-dB zone 
(including a 180-dB zone) during all work in areas where Pacific 
walruses could occur. Pacific walruses in this zone will be assumed to 
experience Level B take due to the possibility that prolonged sound 
exposure may lead to TTS and the higher probability of biologically 
significant behavioral responses.

Behavioral Response to Disturbance

    Marine mammals in general have variable reactions to sights, 
sounds, smells, and visual presence of vessels and human activities. An 
individual's reactions will depend on their prior exposure to the 
disturbance source, their need or desire to be in the particular area, 
their physiological status, or other intrinsic factors. The location, 
timing, frequency, intensity, and duration of the encounter are among 
the external factors that also determine the animal's response. 
Relatively minor reactions such as increased vigilance or a short-term 
change in direction of travel are not likely to disrupt biologically 
important behavioral patterns and do not constitute take by harassment 
as defined by the MMPA. These types of responses typify the most likely 
reactions of the majority of Pacific walruses and polar bears that will 
interact with Quintillion's activities.
    Extreme behavioral reactions capable of causing injury are 
characterized as Level A harassment and will not be authorized. 
Examples include separation of mothers from young or stampedes, which 
could result in death of the offspring or trampling of young animals. 
Quintillion has included measures to prevent such disturbances (see 
Mitigation and Monitoring).
    Intermediate reactions disrupting biologically significant 
behaviors, such as interruptions in nursing, feeding, or resting, may 
potentially result in decreased fitness for the affected animal. These 
reactions meet the criteria for Level B harassment under the MMPA and 
are discussed for each species in the following sections.

Behavioral Response of Pacific Walrus

    Between June and mid-November, Pacific walruses may be found in the 
Chukchi Sea near the edge of seasonal pack ice, among broken sea-ice, 
in preferred feeding areas (especially the HSWUA), at coastal haulouts, 
or travelling between these areas. While animals may be present 
anywhere west of 153[deg] W., Quintillion's vessels are most likely to 
encounter Pacific walruses in two areas: (1) Along the cable route as 
it passes between the HSWUA and a seasonal haulout at Point Lay (cable-
laying and support vessels may cross paths with Pacific walruses that 
are traveling between these areas), and (2) near the Point Barrow ice 
field when project vessels are in transit to and from the Beaufort Sea.
    Pacific walruses may respond to the sights, sounds, and smells of 
humans, machinery, and equipment. Typical behavioral responses to 
disturbances include: Altered headings; increased swimming rates; 
increased vigilance; changes in dive, surfacing, respiration, feeding, 
and vocalization patterns; and hormonal stress production (e.g., see 
Richardson et al. 1995; Southall et al. 2007; Ellison et al. 2011). 
Low-level reactions are common and can be caused by both natural and 
anthropogenic sources. Pacific walruses at haulouts have been 
documented reacting to minor disturbances with head raises and changes 
in body orientation in response to passing ships, aircraft, rock 
slides, and seabird activities (Helfrich and Meehan 2004).
    Significant behavioral responses include displacement from 
preferred foraging areas, increased stress levels or energy 
expenditures, or cessation of feeding. Disturbance that occurs while 
Pacific walruses are resting at a haulout may have the greatest 
potential for harmful impacts. Disturbance events in the Chukchi Sea 
have been known to cause groups to abandon land or ice haulouts and 
occasionally result in trampling injuries or separation of a calf from 
a cow, both of which are potentially fatal (USFWS 2015a). Females with 
dependent calves are considered least tolerant of disturbance and most 
likely to flee a haulout. Calves and young animals at terrestrial 
haulouts are particularly vulnerable to trampling injuries during a 
stampede.
    Quintillion's activities are planned to avoid terrestrial haulouts 
but may encounter hauled-out animals on ice. Icebreaking activities in 
the Chukchi Sea were observed to displace some Pacific walrus groups up 
to several kilometers away (Brueggeman et al. 1990). Approximately 25 
percent of groups on pack ice responded by diving into the water; most 
reactions occurred within 0.8-1 km (0.5-0.6 mi) of the ship. However, 
groups of hauled-out Pacific walruses beyond these distances generally 
showed little reaction to icebreaking activities (Brueggeman et al. 
1990, 1991). Pacific walruses are typically less sensitive to 
disturbance when they are in the water than when hauled out on land or 
ice (Fay et al. 1984). Pacific walruses on ice have been observed to 
move away from an approaching ship that is hundreds of meters away, 
whereas walruses in water react at ranges of tens of meters (Fay et 
al., 1984). Quintillion's vessels will maintain slow speeds in the 
presence of Pacific walruses. Ice management activities will not be 
conducted, except in emergencies, until a PSO has verified that no 
Pacific walruses are present.
    Pacific walruses may become habituated to some activities, 
tempering their reactions. For example, Pacific walruses at haulouts 
show increased tolerance of outboard motorboats in years when they are 
not hunted from boats compared with years when hunting occurs (Malme et 
al., 1989).

[[Page 25313]]

Most adult Pacific walruses have had some previous exposure with ships 
at sea and probably have some degree of habituation to vessel 
propulsion sounds. In general, low frequency diesel engines have been 
observed to cause fewer disturbances than high-frequency outboard 
engines (Fay et al. 1984). The presence of Quintillion's vessels alone 
has little consequence for most animals and is unlikely to cause 
significant disturbances in the absence of cable-laying or ice-breaking 
activity.
    Vessels will produce higher noise levels during cable laying and 
ice management than while in transit. These noises may evoke behavioral 
responses in addition to the possible impacts to hearing discussed 
previously. Passive acoustic monitoring conducted during Quintillion's 
2016 work documented Pacific walruses vocalizing in the local area 
before and after, but not during, cable-laying work. There is a 
possibility that the Pacific walruses moved or ceased vocalizing due to 
the project's noise (Owl Ridge 2017). This may be an indication of 
auditory masking (a change in the ability to detect relevant sounds in 
the presence of other sounds) (Wartzok et al. 2003). The biological 
implications of anthropogenic masking among Pacific walruses are 
unknown, but if the Pacific walruses' response to masking is to leave 
the area, then the physiological costs are similar to those of other 
disturbances that trigger the same response.
    The most likely behaviorally significant responses that 
Quintillion's activities may evoke among Pacific walruses include 
temporary cessation of feeding, resting, or communicating. Some animals 
could abandon a preferred travel corridor or foraging area. Some could 
abandon a haulout on ice, although the proposed avoidance and 
minimization measures will reduce this likelihood. Effects of these 
types of mid-level responses include increased energy expenditures and 
stress levels. Energetic costs are incurred from loss of forage and 
energy expended while travelling to another region.
    The overall impact to the affected animals depends on the duration 
and frequency of the disturbance events and the ability of the affected 
animals to reach and use alternate areas. All Quintillion's activities 
within the range of the Pacific walruses in 2017 are expected to be 
short-duration transient activities. No activities will restrict 
availability of or access to other nearby suitable foraging habitat or 
alternate travel routes during this project. Pacific walruses will, 
therefore, be able to return to normal behaviors and avoid prolonged 
disturbances. Short-term increased energy expenditures are expected to 
be within tolerance levels and will not affect survival or reproductive 
capacity of any Pacific walruses.

Behavioral Responses of Polar Bears

    Quintillion's crew may see polar bears among the broken ice of the 
Point Barrow ice field during early summer activities. If the ice 
retreats northward prior to the start of the work season, the crew may 
not encounter polar bears until August or September, when bears become 
more common near shore and along the barrier islands. At that time, 
workers along the Oliktok branch line could see bears resting or 
travelling along the coast. The amount of time the bears spend in these 
coastal habitats depends on a variety of factors including storms, ice 
conditions, and the availability of food. The remains of subsistence-
harvested bowhead whales at Cross and Barter islands provide a readily 
available food source and may influence the numbers of bears in the 
area (Schliebe et al. 2006).
    Sights, sounds, and scents produced by Quintillion's activities may 
elicit a wide range of responses from polar bears. Individual responses 
are shaped by previous experiences and individual tolerance levels. 
Polar bears have been observed to respond to the sights and sounds of 
human activities, including vessels, vehicles, and aircraft (e.g., 
Watts and Ratson 1989; Dyck 2001; Dyck and Baydack 2004; Andersen and 
Aars 2005). Noise and vessel activity may act as a deterrent or cause 
physiological stress. Alternately, novel sights and sounds could 
attract bears in search of a potential food source.
    Much of the available information about the responses of polar 
bears to construction and industrial activity comes from PSO monitoring 
reports. From 2010 through 2014, we received 1,234 reports of 1,911 
polar bears in both on- and off-shore areas of the Chukchi Sea, 
Beaufort Sea, and in coastal Alaska. Most of these sightings were 
likely repeated observations of the same animals. Based on these 
reports and coastal survey data, the Service estimated that up to 125 
individuals of the SBS stock occur between Utqiagvik and the Canada 
border during the fall period. The greatest numbers of polar bears are 
found along the coast and barrier islands from August through October. 
The majority of observations were of bears walking near vessels, 
development sites, or work areas. Offshore oil and gas facilities 
typically documented the highest numbers of polar bear sightings, 
followed by onshore facilities. Reports by vessels at sea were 
relatively uncommon. Most sightings were of single adult and subadult 
bears. Fewer sightings were of sows with cubs. Polar bear sightings 
have generally increased in recent years, likely due in part to greater 
monitoring efforts, and possibly also due to increased use of coastal 
areas by bears. In most cases, the bear showed no response or responded 
by walking or swimming away from the facilities or activities.
    Chronic disturbances, extreme reactions (fleeing or fighting), or 
disturbances affecting key behaviors are more likely to affect fitness 
and can cause injury. These events have the potential to cause Level A 
take. Polar bears attracted to human activities are at significant risk 
of human-bear conflicts, which could result in intentional hazing or 
possibly lethal take in defense of human life. Historically, polar bear 
observations are seasonally common, but close encounters with people 
are uncommon. Human-bear interactions and impacts to denning polar 
bears are of particular concern. Quintillion's activities will not 
overlap with the denning season and are not likely to affect denning 
polar bears.
    Increased use of onshore habitat by polar bears has also led to 
higher incidence of conflict with humans (Dyck 2006; Towns et al. 
2009). In two studies of polar bears killed by humans in northern 
Canada, researchers found that the majority of conflicts resulting in 
polar bears being killed in defense of life occurred during the open-
water season (Stenhouse et al. 1988; Dyck 2006). Thus, as more polar 
bears come on shore during summer, and spend longer periods of time on 
land, there is an increased risk of human-bear conflict; resulting in 
potential for more defense-of-life kills.
    Lethal take of polar bears associated with development or 
industrial activities is very rare. Since 1968, there have been three 
documented cases of lethal take of polar bears associated with oil and 
gas activities. Polar bear interaction plans, training, and monitoring 
help reduce the potential for encounters and the risks to bears and 
humans when encounters occur. Quintillion has included such efforts in 
a marine mammal monitoring and mitigation plan (Owl Ridge 2016).
    Polar bears are most likely to react to Quintillion's activities 
with short-term behavioral responses, such as changes in direction of 
travel, discontinued hunting efforts, or heightened levels of 
vigilance. The effects of retreating from a disturbance may be minimal 
if the event is short and the animal is

[[Page 25314]]

otherwise unstressed. However, on a warm day, a short run may be enough 
to overheat a well-insulated polar bear. The effect of fleeing a vessel 
on young polar bear cubs would likely be the use of energy that 
otherwise would be needed for survival during a critical time in a 
polar bear's life. Significant behavioral responses could also include 
abandonment of a seal carcass or a preferred hunting area, or fleeing 
from land into water. Polar bears disturbed while resting may exhibit 
more substantial energy expenditures or adverse physiological responses 
than those disturbed while active (Watts et al. 1991).
    Open-water encounters with polar bears are possible. Monitoring 
reports from the oil and gas industry and from Quintillion's 2016 work 
reported several encounters with swimming bears. In those instances, 
the bears were observed to either swim away from or approach the 
vessels. Sometimes a polar bear would swim around a stationary vessel 
before leaving. In at least one instance a polar bear approached, 
touched, and investigated a stationary vessel from the water before 
swimming away.
    Perhaps the most likely scenario for Level B take is disturbance of 
a polar bear during Quintillion's ice management activities. During a 
period of little ice in the late 1980s at an oil exploration drilling 
site in the Beaufort Sea, a large ice floe threatened the drill rig. 
After the floe was moved by an icebreaker, workers noticed a female 
bear with a cub-of-the-year and a lone adult swimming nearby. It was 
assumed these bears had abandoned the ice floe due to the activities of 
the icebreaker. In this type of encounter, disturbance could 
potentially affect the survival of the cub while disturbance of the 
adults was likely negligible.
    Polar bears will most often respond to Quintillion's activities 
with behaviors that are not biologically significant. Bears using the 
ice fields will experience only short-term disturbance or displacement 
during passage of project vessels past Point Barrow. Bears travelling 
or resting in coastal areas and barrier islands will be able to alter 
travel routes or find comparable undisturbed resting areas without 
expending extensive amounts of energy or foregoing critical resources. 
Movement of displaced polar bears will be temporary and localized 
compared to the overall movement patterns of polar bears. Most bears 
will be able to tolerate short-term disturbance without consequence. 
Behavioral responses of polar bears to project activities are not 
likely to affect the health or survival of any individual animal.

Impacts to Food and Habitat

    The behavior of a marine mammal may be indirectly altered if human 
activities affect the availability of food or habitat. Quintillion's 
2017 program will have short-term, localized effects on Pacific walrus 
and polar bear habitat.
    Local areas of Pacific walrus habitat will be affected along the 
Quintillion cable route during O&M work or at cable splice sites where 
concrete mattresses will be installed. Impacts to benthic and 
epibenthic invertebrates from cable removal and reburial or from 
placement of concrete mattresses will include: (1) Crushing with the 
sea plough or ROV; (2) dislodgement onto the surface where they may 
die; and (3) the settlement of suspended sediment away from the trench 
where it may clog gills or feeding structures of sessile invertebrates 
or smother sensitive species (BERR 2008).
    Quintillion's work will leave a lasting impact on the seafloor 
within the cable corridor, but will affect only a small area of the 
seafloor. Recolonization of benthic communities in northern latitudes 
is slow and may take 10 years or more (Conlan and Kvitek 2005; Beuchel 
and Gulliksen 2008). The maximum amount of seafloor disturbance is 125 
km (78 mi). Trench widths of 3 m (10 ft) along this length could 
disturb a total area of 0.38 km\2\ (0.15 mi\2\) (0.003 x 125 km = 0.375 
km\2\). This amount is an insignificant portion of the total seafloor 
available for Pacific walrus foraging. Further, none of the activity 
will occur in the HSWUA. The overall effects of cable laying on habitat 
and food resources will be inconsequential to Pacific walruses.
    Vessel activities could affect food resources for polar bears. 
Quintillion's activities may impact seals by causing underwater noise 
or disturbance. Seals may respond by abandoning habitat areas, such as 
feeding areas, haulouts, and breathing holes. Pupping lairs are a 
particularly important type of habitat for seals but are not likely to 
be affected due to the timing and location of the proposed activities. 
The effects of Quintillion's activities on seals were assessed by NMFS 
in 2016 (81 FR 40274, June 21, 2016). The agency found that no injuries 
or mortalities were likely, and the impacts would be limited to brief 
startling reactions and/or temporary vacating of the area. Therefore, 
the Service does not expect the availability of seals as a food source 
for polar bears to be significantly changed due to Quintillion's 
activities in 2017.
    No long-term impacts to polar bear habitat are expected, including 
to the critical habitat designated under the ESA. The designated 
critical habitat for the polar bear consists of sea-ice, barrier 
islands, and terrestrial denning habitat. The physical and biological 
features essential to the conservation of the polar bear include: (1) 
Annual and perennial marine sea-ice that serve as a platform for 
hunting, feeding, traveling, resting, and (to a limited extent) 
denning; and (2) terrestrial habitats used by polar bears for denning 
and reproduction, as well as for seasonal use in traveling or resting. 
Barrier island habitat includes the barrier islands off the coast of 
Alaska, their associated spits, and an area extending out 1.6 km (1 mi) 
from the islands where this zone contains habitat that is free from 
human disturbance.
    Pacific walruses and polar bears will likely respond to 
Quintillion's short-term habitat impacts with low- to mid-level 
behavioral responses, such as temporary cessation of feeding or 
movement to another area. Responses to habitat impacts are likely to be 
similar to and indistinguishable from those caused by direct 
disturbances.

Oil and Fuel Spills

    Potential spills could involve fuel, oil, lubricants, solvents, and 
other substances used aboard the cable ships or support vessels. An oil 
spill or unpermitted discharge is an illegal act; IHAs do not authorize 
takes of marine mammals caused by illegal activities. If a spill did 
occur, the most likely impact upon Pacific walruses or polar bears 
would be exposure to spilled oil, which may cause injury, illness, or 
possibly death depending on degree and duration of exposure and the 
characteristics of the spilled substance. A large spill could result in 
a range of impacts from reduced food availability to chronic ingestion 
of contaminated food. Spill response activities, especially use of 
dispersants, may increase the cumulative impact of a spill on Pacific 
walrus habitat by making oil more bioavailable for uptake by filter 
feeders and benthic invertebrates (e.g., Epstein et al. 2000; Hansen et 
al. 2012). However, the overall effect on the environment of response 
activities given a spill are expected to be lower than the level of 
impact of the spill alone (USFWS 2015b). The effects of a spill event 
would depend on the amount, substance, and specific circumstances of 
the spill, but small spills, such as could occur in connection with the 
activities proposed by Quintillion, are unlikely to have negative 
impacts on Pacific walruses or polar bears.

[[Page 25315]]

Estimated Incidental Take

    Although we cannot predict the outcome of each encounter, it is 
possible to consider the most likely reactions, given observed 
responses of marine mammals to various stimuli. In general, the 
response of Pacific walruses and polar bears to vessel activities at 
sea is related to the distance between the vessel or activity and the 
animal. The proposed action will include measures to allow animals to 
detect the vessels at greater distances (e.g., by maintaining slow 
speeds) in order to prevent extreme behavioral reactions. Measures 
include minimizing probability of encounters by avoiding terrestrial 
haulouts and maintaining slow travel speeds when marine mammals are 
detected. Acoustic ensonification zones will be monitored by PSOs 
during cable laying, O&M work, and ice management to avoid marine 
mammals and to reduce noise levels when possible (vessels cannot alter 
speed or course during active cable laying). During pre- and post-
cable-laying activities, vessels will maintain at least a 0.8-km (0.5-
mi) distance from feeding Pacific walruses or polar bears on land or 
ice. These measures are expected to reduce the intensity of disturbance 
events and to minimize the potential for injuries to animals.

Take Calculations for Pacific Walruses

    The Service anticipates that incidental take of Pacific walruses 
may occur during Quintillion's cable-laying project. Noise, vessels, 
and human activities could temporarily interrupt feeding, resting, and 
movement patterns. The elevated underwater noise levels may cause 
short-term, nonlethal, but biologically significant changes in behavior 
that the Service considers to be Level B harassment. Quintillion's O&M 
work includes use of a submersible ROV and placement of concrete 
mattresses on the seafloor. These activities may have similar effects 
and could cause behavioral disturbance leading to take.
    Quintillion's operations will generate noise within frequencies 
audible to Pacific walruses. The expected noise levels will not exceed 
the traditional 190-dB threshold indicative of Level A harassment for 
non-impulse sounds, nor will they exceed frequency-weighted injury 
thresholds recently released by NMFS (2016) for cumulative sound 
exposure. Therefore, there is no 190-dB mitigation zone from the 
proposed activities, and no project activities are expected to result 
in take by Level A harassment.
    Level B take by acoustic harassment was estimated based on the 
number of animals that are likely to be exposed to broadband noise 
levels above 160 dB along the cable route, during O&M work, and during 
ice management. The area of the 160-dB ensonification zone is assumed 
to include 125 km (78 mi) of the cable route during O&M work in the 
Chukchi Sea and 50 km (31 mi) of the transit route during ice 
management, for a total of 175 km (109 mi). It is not possible to know 
how much retrieval and reburial of cable (O&M activity) will be 
necessary, but Quintillion has projected these distances based on 
maximum estimates from work on other cable projects plus a buffer for 
unpredictable issues in an Arctic environment.
    The radius of the 160-dB ensonification area was estimated by 
assuming that all O&M work and ice management will produce the maximum 
noise levels estimated for Quintillion's fleet, regardless of the 
specific vessel in use or activity being conducted. The maximum level 
reported in Quintillion's IHA application (OwlRidge 2016) was 188 dB 
produced by the propulsion systems of an ocean tug, the Tor Viking II, 
during ice management. The maximum source level of 188 dB was then used 
in a spreading loss model with transmission loss of 17.36 Log R, as 
described in Acoustic Sources, resulting in a 160-dB ensonification 
zone with a radius of 41 m (135 ft) from the vessel. The total 
ensonified area was calculated by multiplying the project length (175 
km (109 mi)) by the width (2 x 41 = 82 m (269 ft)) to be about 14 km\2\ 
(5.5 mi\2\) in total area (0.082 x 175 km = 14.34 km\2\).
    The Vos Thalia may replace the Tor Viking II during Quintillion's 
work. During SSV, both the Vos Thalia and the Ile de Brehat produced 
lower maximum sound levels than did the Tor Viking II. The estimation 
of ensonification area may, therefore, represent an overestimate, but 
it allows a degree of flexibility in the vessel used and does not 
result in a substantial difference in estimates of Level B take.
    The number of Pacific walruses in the total ensonified area was 
then estimated using the best available density estimates. Aerts et al. 
(2014) conducted shipboard surveys for marine mammals in the Chukchi 
Sea from 2008 through 2013. Their highest recorded summer densities 
were in the low-ice years of 2009 and 2013 (0.04 per km\2\ (0.1 per 
mi\2\)). During the heavy-ice years of 2008 and 2012, densities were 
0.001 and 0.006 per km\2\ (0.003 and 0.02 per mi\2\), respectively. 
Given the continuing trend for light summer ice conditions, it is 
assumed that 2017 will be similar to 2013. Therefore, the 2013 density 
estimate of 0.04 per km\2\ (0.1 per mi\2\) is used to calculate Level B 
take.
    The number of Pacific walruses potentially exposed to acoustic 
harassment by the Quintillion cable project was then estimated by 
multiplying the density by the total area that would be ensonified by 
noise greater than 160 dB. This calculation results in an estimate of 1 
Pacific walrus (0.04 x 14 [ap] 0.6) thereby demonstrating that take by 
acoustic harassment is not likely to affect a large number of Pacific 
walruses.
    Quintillion's activities are more likely to cause Level B take 
associated with behavioral responses than acoustic harassment. As with 
acoustic harassment, the numbers affected will be determined by the 
distribution of animals and their location in proximity to the project 
work. The seasonal distribution of Pacific walruses in the project area 
is directly associated with the distribution and extent of broken pack 
ice (Fay et al. 1984, Garlich-Miller et al. 2011, Aerts et al. 2014). 
During years with high levels of sea-ice, most Pacific walrus are 
expected to remain over the Chukchi Sea shelf and feed at areas like 
HSWUA. During low ice years, the ice edge moves north over the Arctic 
Basin where waters are too deep to forage. The animals leave the ice 
and haul out on beaches (such as near Point Lay), where they rest 
between offshore foraging trips until the pack ice returns. Relative to 
the Quintillion cable laying, if 2017 is a high ice year, few Pacific 
walruses are expected to be encountered during O&M work, as most of 
them will remain with the pack ice to the north or northwest of the 
cable route. Encounters could occur if isolated ice floes supporting 
Pacific walruses were to blow back southward during storm events. There 
is also a possibility of disturbing hauled out animals among persistent 
ice around Point Barrow when Quintillion is creating a path through 
broken ice in order for the Ile de Batz to access the Oliktok branch 
route. During light ice years, Pacific walruses are less likely to be 
encountered near Point Barrow and more likely to intercept cable-laying 
activities while moving between the pack ice and terrestrial haulouts. 
Independent of the extent of seasonal ice, Quintillion's vessels could 
also encounter animals migrating southward though the Bering Strait in 
November.
    It is impossible to accurately predict the total number of Pacific 
walruses that may be encountered due to the substantial uncertainty in 
the work that will be necessary and the unknown ice conditions, but in 
2016, Quintillion's PSOs observed 1,199 Pacific walruses in

[[Page 25316]]

62 groups. The largest group had approximately 500 animals. For 
comparison, during marine mammal observations made for offshore oil and 
gas activities conducted by Shell Oil Company (Shell) in the Chukchi 
Sea in 2015, PSOs recorded 500 sightings of 1,397 individual Pacific 
walruses (Ireland and Bisson 2016). The average number per observation 
was only 1.5, but on several occasions, groups of more than 100 animals 
were observed with a maximum group size of 243 animals. Quintillion's 
work will move through the range of the Pacific walrus more quickly in 
2017 than in 2016 and the work season will be shorter than that of 
Shell's in 2015. In general, summer densities in the project area are 
unpredictable, and distributions clumpy, but it is reasonable to expect 
that 500 or more Pacific walruses may be encountered.
    Most of the Pacific walruses encountered will show no response or 
only a low-level behavioral response. Quintillion's avoidance and 
minimization measures will reduce the likelihood of more significant 
disruptions of normal behaviors, but despite these measures, some 
animals may show more acute responses, particularly if encountered at 
closer range or disturbed while resting on ice. During 2016, 
Quintillion PSOs reported six encounters involving eight individuals 
within 50 m (31 ft) of the vessels. Eight groups comprising 183 total 
animals were observed hauled out on ice floes; the largest group had 70 
animals. Encounters among ice could cause animals to leave ice-based 
haulouts, resulting in a disruption of important resting, nursing, and 
social behaviors. Given the possibility that any encounter involving 
Pacific walruses might involve large groups, and that work may occur 
near ice, Quintillion requested take of up to 250 Pacific walruses by 
Level B harassment based on the maximum estimated size of haulouts on 
sea-ice.

Potential Impacts on the Pacific Walrus Stock

    Although 250 Pacific walruses (approximately 0.2 percent of the 
population) could potentially be taken by Level B harassment due to the 
possibility of significant behavioral responses, most events are 
unlikely to have consequences for the health, reproduction, or survival 
of affected animals.
    Disturbance from noise is most likely to be caused by propeller 
cavitation and thruster noise during cable laying and ice management. 
Sound production is not expected to reach levels capable of causing 
harm. Animals in the area are not expected to incur hearing impairment 
(i.e., PTS) or non-auditory physiological effects, but could experience 
TTS due to prolonged exposure to underwater sound. Level A harassment 
is not authorized. Pacific walruses exposed to sound produced by the 
project are likely to respond to proposed activities with temporary 
behavioral modification or displacement. With the adoption of the 
mitigation measures required by this proposed IHA, we conclude that the 
only anticipated effects from noise generated by the proposed action 
would be short-term temporary behavioral alterations of small numbers 
of Pacific walruses.
    Vessel-based activities could temporarily interrupt the feeding, 
resting, and movement of Pacific walruses. Ice management activities 
could cause animals to abandon haulouts on ice. Because offshore 
activities are expected to move relatively quickly, impacts associated 
with the project are likely to be temporary and localized. The 
anticipated effects include short-term behavioral reactions and 
displacement of small numbers of Pacific walruses in the vicinity of 
active operations.
    Areas affected by the proposed action will be small compared to the 
regular movement patterns of the population, indicating that animals 
will be capable of retreating from or avoiding the affected areas. 
Animals that encounter the proposed activities may exert more energy 
than they would otherwise due to temporary cessation of feeding, 
increased vigilance, and retreat from the project area, but we expect 
they would tolerate this exertion without measurable effects on health 
or reproduction. Adoption of the measures specified in Mitigation and 
Monitoring are expected to reduce the intensity of disturbance events 
and minimize the potential for injuries to animals. In sum, we do not 
anticipate injuries or mortalities to occur as a result of 
Quintillion's subsea cable-laying operation, and none will be 
authorized. The takes that are anticipated would be from short-term 
Level B harassment in the form of brief startling reactions or 
temporary displacement.
    The estimated level of take by harassment is small relative to the 
most recent stock abundance estimate for the Pacific walrus. A take 
level of 250 represents 0.2 percent of the best available estimate of 
the current population size of 129,000 animals (Speckman et al. 2011) 
(250/129,000 [ap] 0.002). No long-term biologically significant impacts 
to Pacific walruses are expected.

Take Calculations for Polar Bears

    Quintillion's 2017 activities have the potential to cause Level B 
take due to harassment of polar bears. Polar bears are most likely to 
be observed during cable-laying activities along the Oliktok branch 
route. The Oliktok branch passes through a chain of barrier islands 
that parallels the coast. This region is often inhabited by polar bears 
in summer and fall. Quintillions PSOs observed polar bears at these 
locations in 2016, although usually at long distances.
    Polar bears are widely distributed among sea-ice and may be 
encountered during ice management operations near Point Barrow. Ice 
management activities will involve maneuvering broken ice with a tug. 
Quintillion's PSOs will monitor for marine mammals; ice management will 
not occur if polar bears are observed in the area. Observers are not 
always capable of detecting every animal and ice management work could, 
therefore, disturb polar bears among sea-ice.
    There is a low probability of encounters while Quintillion is 
conducting proposed O&M activities in the Chukchi Sea. Quintillion's 
vessels will operate there during the open-water period, and will avoid 
sea-ice for safety reasons. Encounters with polar bears swimming in 
open water are uncommon. In 2016, Quintillion PSOs observed one bear 
swimming at sea.
    Quintillion's 2017 activities could encounter polar bears from 
either the CS or the SBS stock. Polar bears encountered near Oliktok 
Point are most likely to be from the SBS stock. Those observed in the 
Chukchi Sea or near Wainwright, Point Hope, Kotzebue, or Nome are 
probably from the CS stock. Bears near Utqiagvik may be from either 
population.
    The expected number of takes was calculated by assuming a similar 
number of bears would be encountered in 2017 as in 2016, and further 
assuming that any encounter could result in take. In 2016, 
Quintillion's PSOs reported 12 observations of 18 bears between 5 m-4.6 
km (16 ft-2.9 mi) from the vessels. Quintillion has, therefore, 
requested take of 20 polar bears, 10 each from the SBS and CS stock. 
This calculation represents a conservative approach to take estimation 
and it is likely to be an overestimate of the actual level of take. Of 
the 18 polar bears observed in 2016, 2 bears changed their direction of 
travel to avoid the activities; others had no apparent response to 
Quintillion's vessels. Based on observation data from

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the oil and gas industry, 81 percent of encounters result in instances 
of non-taking. Therefore, the probable level of take is much lower than 
that requested.

Potential Impacts on the Stock of Polar Bears

    Take of ten bears from the CS stock represents approximately 0.5 
percent of the estimated population size (10 / approximately 2,000 = 
0.005). Ten bears from the SBS stock is approximately 1 percent (10 / 
900 = 0.011) of that stock. Most bears will show little if any 
response, but some may be harassed by Quintillion's work, particularly 
during encounters at close range.
    The majority of encounters that cause polar bears to react are not 
expected to have long-term consequences for the affected animals. 
Although flight responses, abandonment of feeding areas, or other mid-
level responses have the potential to reduce the long-term survival or 
reproductive capacity of an individual, most of the animals that show 
these types of responses will be able to tolerate them without 
consequences to survival and fitness.
    We expect Quintillion's activities to have no impacts to the SBS or 
CS stocks of polar bears for the following reasons: (1) The majority of 
the polar bears from each stock will not come in contact with 
Quintillion's activities; (2) only small numbers of Level B take will 
occur; (3) take events are unlikely to have significant consequences 
for most polar bears; and (4) the monitoring requirements and 
mitigation measures described in Mitigation and Monitoring will further 
reduce potential impacts.

Potential Impacts on Subsistence Uses

    The proposed activities will occur near the marine subsistence 
harvest areas used by Alaska Natives from the villages of Nome, Wales, 
Diomede, Kotzebue, Kivalina, Point Hope, Point Lay, Wainwright, 
Utqiagvik, and Nuiqsut.
    Between 1989 and 2016, approximately 3,126 Pacific walruses were 
harvested annually in Alaska. The years 2013-2016 were low harvest 
years with an average of 1,433 Pacific walruses per year. Lower harvest 
rates in recent years may be related to changes in sea-ice dynamics 
(Ray et al. 2016). Statewide harvest estimates are adjusted for 
underreporting and for animals that are struck and lost.
    Most of the Pacific walrus harvest (85 percent) was by the villages 
of Gambell and Savoonga on St. Lawrence Island, located 135 km (84 mi) 
south of the geographic region of the Quintillion cable project. 
Relative to the village population size (556), Pacific walruses are 
also an important staple for the community of Wainwright, where a 
reported 27 Pacific walruses were taken annually from 2007 through 
2016. The village of Diomede (population of approximately 115) reported 
harvest of an average of 21 Pacific walruses per year during that 
period. The villages of Point Hope (population approximately 699) and 
Wales (population approximately 145), both reported an average of 5-6 
Pacific walruses taken each year. Nome (population approximately 4,000) 
reported harvest of 9 Pacific walruses per year, and Utqiagvik 
(population approximately 4,000), harvested 15 Pacific walruses per 
year from 2007 through 2016. Estimates of harvest by village have not 
been corrected for struck and lost animals or underreporting.
    The total reported Alaska Native harvest of polar bears from 1990 
through 2013 was 1,576 bears. Harvest levels varied considerably during 
this period, ranging from 16 to 107 bears, but the average was 65 polar 
bears per year. Harvest rates are declining by about 3 percent per 
year, and the average annual harvest from 2004 through 2013 was closer 
to 50 polar bears. Within the project area, the villages of Utqiagvik, 
Nome, Point Hope, Point Lay, Kivalina, Kotzebue, Nuiqsut, Shishmaref, 
Wainwright, and Wales regularly harvested polar bears. Of these, 
Utqiagvik, Point Hope, and Wainwright harvested the greatest numbers, 
averaging 16, 12, and 6 polar bears per year, respectively, during 1990 
through 2014. Diomede, Savoonga, and Gambell harvested an annual 
average of 5, 6, and 7 animals each. No project work will occur near 
St. Lawrence Island and Little Diomede Island, but project vessels may 
pass nearby.
    In only a few locations could the proposed project area 
significantly overlap with subsistence harvest areas. These locations 
include the portion of the route passing between the villages of 
Diomede and Wales, the branching line into Wainwright, and the 
branching line and ice management areas near Point Barrow (i.e., near 
Utqiagvik). Quintillion's vessels are not expected to affect 
subsistence harvest near Diomede because polar bears and Pacific 
walruses hunted there are usually taken from sea-ice and Quintillion's 
vessels will not travel through areas of sea-ice in the Chukchi Sea.
    The cable route passes within 30 km (19 mi) of both Wainwright and 
Utqiagvik, and branching lines go directly to both villages. Ice 
management is possible near Point Barrow in July. Wainwright hunters 
usually take polar bears when sea-ice is present in winter and spring. 
Pacific walruses are harvested from drifting ice floes near Wainwright 
and Utqiagvik during July and August (Bacon et al. 2009). Utqiagvik 
harvests polar bears throughout the year. Quintillion will not be 
operating near Wainwright when seasonal sea-ice is present. Thus, the 
cable-laying project is not expected to affect the Pacific walrus or 
polar bear hunt in Wainwright. Quintillion will coordinate with 
Utqiagvik hunters and employ PSOs to watch for Pacific walruses and 
polar bears in order to avoid conflicts during ice management or O&M 
activities near Point Barrow.
    Pacific walruses and polar bears from the CS stock are usually 
taken from sea-ice in winter and spring. As mentioned, Quintillion will 
not operate among sea-ice in the Chukchi Sea. Therefore, the proposed 
project timetables relative to the seasonal timing of the various 
village harvest periods will minimize the impacts to subsistence 
hunting. However, polar bears from the SBS stock may be harvested at 
any time of year. Quintillion will work closely with the affected 
villages and the Eskimo Walrus Commission (EWC) to minimize effects the 
project might have on subsistence harvest.

Mitigation and Monitoring

    Quintillion has adopted a marine mammal monitoring and mitigation 
plan (4MP) that describes the avoidance and minimization measures. The 
plan describes measures to avoid interactions with Pacific walruses and 
polar bears wherever possible, especially in habitat areas of 
significance. The PSOs will be employed to watch for marine mammals and 
to initiate adaptive measures in response to the presence of Pacific 
walruses or polar bears. A Plan of Cooperation (POC) has also been 
developed and will be implemented to facilitate coordination with 
subsistence users. Work will be scheduled to minimize activities in 
hunting areas during subsistence harvest periods. Quintillion will 
communicate closely with the EWC and the villages to ensure subsistence 
harvest is not disrupted. These documents are available for public 
review as specified in ADDRESSES.

Avoidance

    For the proposed Quintillion subsea cable-laying operations, the 
primary means of minimizing potential consequences for Pacific 
walruses, polar bears, and subsistence users is routing the cable to 
avoid concentration areas and important habitat. Most of the main trunk 
line is 30-150 km (19-93 mi) offshore, thereby avoiding nearshore

[[Page 25318]]

Pacific walrus concentrations and terrestrial haulouts. No work will be 
done near Point Lay, where large haulouts may seasonally occur, or near 
the HSWUA, where Pacific walrus feeding aggregations may occur. The 
timing of activities allows the project to avoid impacts to polar bear 
dens.
    Where cable end branches will come ashore, landings will be 
conducted at right angles to the coastline and immediately adjacent to 
the respective village (except at Oliktok Point where no village 
exists) to avoid Pacific walrus haulouts and minimize activities near 
barrier islands and coastal areas that provide habitat for polar bears 
that is free from disturbance.
    The proposed action will not occur north of the Bering Strait until 
July 1, which will allow Pacific walruses the opportunity to disperse 
from the confines of the spring lead system and minimize interactions 
with subsistence hunters. Quintillion's O&M and cable-laying work must 
avoid sea-ice for safety reasons. In doing so, Quintillion will avoid 
ice habitat used by Pacific walruses and polar bears. The only region 
where sea-ice may be encountered will be north of Point Barrow. 
Quintillion may use a tug to maneuver broken ice away from the cable-
laying vessel in order to transit through the region if needed after 
July 1. Quintillion has determined that if early-season access is 
possible and ice management can be done safely, it would not be 
practicable for the project to delay work by waiting for the sea ice to 
disperse. Early season access to the Beaufort Sea will help to complete 
the project prior to the end of the season and will reduce potential 
for conflict with the fall subsistence harvest of bowhead whales.
    Vessels will be operated at slow speeds to avoid injuries and 
disturbances. Collisions between vessels and marine mammals are rare in 
waters of Alaska, and when they do occur, they usually involve fast-
moving vessels. Observers will monitor for marine mammals and apply 
speed restrictions, alter course, or reduce sound production whenever 
possible when animals are present. Ships will not be able to alter 
course or speed to avoid marine mammals during cable laying, but this 
work will be conducted at slow speeds (0.6 km/h (0.37 mi/h or 0.32 kn)) 
and constant sound production levels. This activity will provide ample 
warning, allowing Pacific walruses and polar bears to avoid the vessels 
before they are close enough to cause harm. Maximum underwater sound 
levels produced by project activities will not be loud enough to cause 
hearing damage (i.e., PTS). In most cases, animals will also be able to 
retreat from the vessels without experiencing Level B take from either 
sound exposure (i.e., TTS) or biologically significant behavioral 
responses.

Vessel-Based Protected Species Observers (PSOs)

    Quintillion has proposed to employ vessel-based PSOs to watch for 
and identify marine mammals, to record their numbers, locations, 
distances, and reactions to the operations, and to implement 
appropriate adaptive measures. Observers will monitor whenever the 
activities of the Ile de Batz are expected to produce sound above 120 
dB. This activity will include transit to and from work sites, ice 
management, pre-trenching, cable laying, and O&M work (including use of 
the ROV and placement of concrete mattresses). The vigilance of PSOs 
will help minimize encounters with Pacific walruses and polar bears 
when the possibility of encounters cannot be avoided outright. This 
oversight is especially important in habitat areas of significance for 
these species, including the barrier islands and nearshore coastal 
habitats used by polar bears for refuge from disturbance, and among the 
marginal sea-ice, used by both species for hunting and foraging.
    Observers will conduct this monitoring during all daylight periods 
of operation throughout the work season. A sufficient number of trained 
PSOs will be required onboard each vessel to achieve 100 percent 
monitoring coverage of these periods with a maximum of 4 consecutive 
hours on watch and a maximum of 12 hours of watch time per day per PSO. 
Nighttime observations will be made opportunistically using night-
vision equipment. Quintillion has determined that monitoring by PSOs is 
not feasible during use of the construction barge, the pontoon barge, 
or the small river tug due to the limited space aboard these vessels. 
Encounters with Pacific walruses are not a concern for these vessels 
because they will not operate in suitable habitat areas. However, polar 
bears may be present. The vessel crews will remain vigilant for polar 
bears and will implement all relevant measures specified in the 4MP if 
a polar bear is observed.
    Observers will monitor all areas around project vessels to the 
outer radius of the 120-dB ensonification zone. Specific distances 
monitored will depend on the activity being conducted. Greater 
distances will be monitored during louder activities, including use of 
the sea plow and use of dynamic positioning thrusters. Monitoring zones 
will range from 1.7 to 5.4 km (1.0-3.4 mi) from the vessels.
    Each vessel will have an experienced field crew leader to supervise 
the PSO team and will consist of individuals with prior experience as 
marine mammal monitoring observers, including experience specific to 
Pacific walruses and polar bears. New or inexperienced PSOs will be 
paired with an experienced PSO so that the quality of marine mammal 
observations and data recording is kept consistent. Resumes for 
candidate PSOs will be made available for the Service to review. All 
observers will have completed a training course designed to familiarize 
individuals with monitoring and data collection procedures. The PSOs 
will be provided with Fujinon 7 x 50 or equivalent binoculars. Laser 
range finders (Leica LRF 1200 or equivalent) will be available to 
assist with distance estimation.
    All location, weather, and marine mammal observation data will be 
recorded onto a standard field form or database. Global positioning 
system and weather data will be collected at the beginning and end of a 
monitoring period and at every 30 minutes in between. Position data 
will also be recorded at the change of an observer or the sighting of a 
Pacific walrus or polar bear. Enough position data will be collected to 
map an accurate charting of vessel travel. Observations of Pacific 
walruses and polar bears will also include group size and composition 
(adults/juveniles), behavior, distance from vessel, presence in any 
applicable ensonification zone, and any apparent reactions to the 
project activities. Data forms or database entries will be made 
available to the Service upon request.

Acoustic Monitoring

    Sound source verification was conducted in 2016 for Quintillion's 
vessels and activities. The noise levels are expected to be similar in 
2017. No additional SSV is planned.
    Pacific walruses may be exposed to underwater sound levels capable 
of causing take by Level B harassment. Sound pressure levels greater 
than 180 dB could cause temporary shifts in hearing thresholds. 
Repeated or continuous exposure to sound levels between 160 and 180 dB 
may also result in TTS, although this result is unlikely for most 
Pacific walruses. Exposures above 160 dB are more likely to elicit 
behavioral responses. For this reason, observers will monitor the 120-
dB ensonification zone for the presence of approaching Pacific 
walruses. The 160-dB zone (inclusive of the 180-dB zone) will be 
monitored for animals that may

[[Page 25319]]

be exposed to high levels of sound. The radius of these zones will 
depend on the activity being conducted. Observers will also record the 
distance from the animals upon initial observation, the duration of the 
encounter, and the distance at last observation in order to monitor 
cumulative sound exposures. Observers will note any instances of 
animals lingering close to or traveling with vessels for prolonged 
periods of time.

Adaptive Measures

    When the cable ships are traveling in Alaska waters to and from the 
project area (before and after completion of cable laying and O&M work) 
and during all travel by support vessels, operators will follow these 
measures:
     Avoid potential interactions with any and all Pacific 
walruses and polar bears by reducing speed to less than 9.4 km/h (5.8 
mi/h or 5 kn), altering course, or reducing sound production when 
animals are observed within 0.8 km (0.5 mi). Achieve changes in speed 
or course gradually to avoid abrupt maneuvers whenever possible.
     Do not approach Pacific walruses or polar bears within 0.8 
km (0.5 mi).
     Reduce speed to less than 9.4 km/h (5.8 mi/h or 5 kn) when 
visibility drops (such as during inclement weather, rough seas, or at 
night) to allow marine mammals to avoid project vessels (during cable 
laying, the normal vessel speed is less than 9.4 km/h (5.8 mi/h or 5 
kn)).
     Avoid sea-ice used by Pacific walruses or polar bears. 
Observers will monitor all project activities before commencing ice 
management and continuously during ice management. If Pacific walruses 
or polar bears are detected anywhere along the transit route, ice 
management will not commence. If animals are detected while vessels are 
underway, all project activities will cease or be reduced to the 
minimum level necessary to maintain safety of the vessels and crew. 
Forward progress can resume after the animals have departed of their 
own accord to a distance of at least 1.6 km (1 mi) from the vessels and 
route.
     Do not operate vessels in such a way as to separate 
members of a group of Pacific walruses or polar bears from other 
members of the group.
     If Pacific walruses are observed on land, ensure that 
vessels maintain a 1.6-km (1-mi) separation distance.
     Report any behavioral response indicating more than Level 
B take due to project activities to the Service immediately but not 
later than 48 hours after the incident, including separation of mother 
from young, stampeding haulouts, injured animals, and animals in acute 
distress.

Measures To Reduce Impacts to Subsistence Users

    Holders of an IHA must cooperate with the Service and other 
designated Federal, State, and local agencies to monitor the impacts of 
proposed activities on marine mammals and subsistence users. 
Quintillion has coordinated with the Service, NMFS, and the Army Corps 
of Engineers, along with communities and subsistence harvest 
organizations. Specifically, Quintillion has coordinated with EWC, 
Utqiagvik Whaling Captains Association members and board, the Community 
of Wainwright, Wainwright Whaling Captains, Point Hope Community, 
Tikigaq Whaling Captains, the Northwest Arctic Borough, Kotzebue City 
Management, the Community of Kotzebue, Maniilaq Association, Kawerak 
Incorporated, the Nome Community, and Kuukpik Corporation.
    Communications will continue throughout the project through public 
service announcements on KBRW and KOTZ radio stations, messaging on the 
Alaska Rural Communications Service television network, local 
newspapers, and 1-800 comment lines. At the end of the work season 
Quintillion will conduct community meetings at the affected villages to 
discuss and summarize project completion. In coordination with these 
agencies and organizations, Quintillion has agreed to the following 
actions to minimize effects on subsistence harvest by Alaska Native 
communities:
     Schedule cable-laying operations to avoid conflict with 
subsistence harvest.
     Where faults are found, schedule O&M work around local 
subsistence activity.
     Plan routes in offshore waters away from nearshore 
subsistence harvest areas.
     Develop and implement a POC to coordinate communication.
     Participate in the Automatic Identification System for 
vessel tracking to allow the cable-laying fleet to be located in real 
time.
     Monitor local marine radio channels for communication with 
local vessel traffic.
     Distribute a daily report by email to all interested 
parties. Daily reports will include vessel activity, location, 
subsistence/local information, and any potential hazards.

Reporting Requirements

    Holders of an IHA must keep the Service informed of the impacts of 
authorized activities on marine mammals by: (1) Notifying the Service 
at least 48 hours prior to commencement of activities; (2) reporting 
immediately but no later than 48 hours, any occurrence of injury or 
mortality due to project activities; (3) submitting project reports; 
and (4) notifying the Service upon project completion or at the end of 
the work season.
    Weekly reports will be submitted to the Service each Thursday 
during the weeks that cable-laying activities take place. The reports 
will summarize project activities, monitoring efforts conducted by 
PSOs, numbers of Pacific walruses and polar bears detected, the number 
of Pacific walruses exposed to sound levels greater than 160 dB, and 
all behavioral reactions of Pacific walruses and polar bears to project 
activities.
    A final report will be submitted to the Service within 90 days 
after the end of the project or the end of the open-water season, 
whichever comes first. The final report will describe all monitoring 
conducted during Quintillion's activities and provide results. The 
report will include the following:
     Summary of monitoring effort (total hours of monitoring, 
activities monitored, number of PSOs).
     Summary of project activities completed and additional 
work yet to be done.
     Analyses of the factors influencing visibility and 
detectability of Pacific walruses and polar bears (e.g., sea state, 
number of observers, and fog/glare).
     Discussion of location, weather, ice cover, sea state, and 
other factors affecting the presence and distribution of Pacific 
walruses and polar bears.
     Number, location, distance/direction from the vessel, and 
initial behavior of any sighted Pacific walruses and polar bears upon 
detection.
     Dates, times, locations, heading, speed, weather, and sea 
conditions (including sea state and wind force), as well as description 
of the specific activity occurring at the time of the observation.
     Estimated distance from the animal or group at closest 
approach and at the end of the encounter.
     Duration of encounter.
     An estimate of the number of Pacific walruses that have 
been exposed to noise (based on visual observation) at received levels 
greater than or equal to 160 dB with a description of the responses 
(changes in behavior).
     Estimates of uncertainty in all take estimates, with 
uncertainty expressed by the presentation of confidence limits, a 
minimum-maximum, posterior probability distribution, or another

[[Page 25320]]

applicable method, with the exact approach to be selected based on the 
sampling method and data available.
     A description of the mitigation measures implemented 
during project activities and their effectiveness for minimizing the 
effects of the proposed action on Pacific walruses and polar bears.
     An analysis of the effects of operations on Pacific 
walruses and polar bears.
     Occurrence, distribution, and composition of sightings, 
including date, water depth, numbers, age/size/gender categories (if 
determinable), group sizes, visibility, location of the vessel, and 
location of the animal (or distance and direction to the animal from 
the vessel) in the form of electronic database or spreadsheet files.
     A discussion of any specific behaviors of interest.

Notification of Injured or Dead Marine Mammals

    In the unexpected event that the specified activity causes the take 
of a Pacific walrus or polar bear in a manner not authorized by the 
IHA, such as an injury or mortality (e.g., ship-strike), Quintillion 
must cease activities or reduce them to the minimum level necessary to 
maintain safety and report the incident to the Service immediately and 
no later than 48 hours later. Activities will not continue until the 
Service reviews the circumstances and determines whether additional 
measures are necessary to avoid further take and notifies Quintillion 
that activities may resume. The report will include the following 
information:
     Time, date, location (latitude/longitude), and description 
of the incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of all sound sources used in the 24 hours 
preceding the incident;
     Environmental conditions (e.g., wind speed and direction, 
cloud cover, visibility, and water depth);
     All Pacific walrus and polar bear observations in the 
preceding 24 hours;
     Description of the animal(s) involved and fate of the 
animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    In the event that Quintillion discovers an injured or dead Pacific 
walrus or polar bear, and the lead PSO determines that the injury or 
death is not associated with or related to the activities authorized in 
the IHA (e.g., previously wounded animal, carcass with moderate to 
advanced decomposition, or scavenger damage), Quintillion must report 
the incident to the Service within 48 hours of the discovery. 
Quintillion will provide photographs or video footage (if available) or 
other documentation to the Service.

Mitigation Conclusions

    We have carefully evaluated Quintillion's proposed mitigation 
measures and considered a range of other measures of ensuring that the 
cable project will have the least practicable impact on polar bears, 
Pacific walruses, and their habitat. Our evaluation considered the 
following: (1) The manner in which, and the degree to which, the 
successful implementation of the measures are expected to minimize 
adverse impacts to the animals; (2) the proven or likely efficacy of 
the measures to minimize adverse impacts as planned; and (3) the 
practicability of the measures for applicant implementation. The 
expected effects of the prescribed mitigation measures are as follows:
     Avoidance of injury or death of polar bears and Pacific 
walruses.
     Reduction in the numbers of polar bears and Pacific 
walruses exposed to activities expected to result in the take of marine 
mammals.
     Reduction in the number of times individuals would be 
exposed to project activities.
     A reduction in the intensity of exposures to activities 
expected to result in the take of Pacific walruses and polar bears.
     Avoidance or minimization of adverse effects to important 
Pacific walrus and polar bear habitat, especially den sites, barrier 
islands, haulout areas, sea-ice, and foraging areas.
     An increase in the probability of detecting Pacific 
walruses and polar bears through vessel-based monitoring, allowing for 
more effective implementation of adaptive mitigation measures.
     Reduction in the likelihood of affecting Pacific walruses 
and polar bears in a manner that would alter their availability for 
subsistence uses.
    Based on our evaluation of the proposed mitigation measures, we 
have determined that these measures provide the means of effecting the 
least practicable impact on Pacific walruses, polar bears, and their 
habitat. These measures will also minimize any effects the project will 
have on the availability of the species or stock for subsistence uses.

Findings

Small Numbers

    For small take analyses, the statute and legislative history do not 
expressly require a specific type of numerical analysis, leaving the 
determination of ``small'' to the agency's discretion. In this case, we 
propose a finding that the Quintillion project may take up to 250 
Pacific walruses and 20 polar bears by Level B harassment, and that 
these values constitute small numbers of animals. Factors considered in 
our small numbers determination include the number of animals in the 
affected area, the size of the affected area relative to available 
habitat, and the expected efficacy of mitigation measures.
    First, the number of Pacific walruses and polar bears inhabiting 
the proposed impact area is small relative to the size of the 
populations. The potential exposures for the 2017 cable-laying period 
are based on estimated density and encounter rates during previous 
work. An allowance for the clumped distribution of Pacific walruses was 
also included, resulting in a total estimate of take of approximately 
250 animals. This amount is about 0.2 percent of the population size of 
129,000 estimated by Speckman et al. (2011). The number of polar bears 
was estimated based on past encounter rates to be 10 each from the CS 
and SBS stocks. This amount is approximately 0.5 percent of the CS 
stock and about 1 percent of the SBS stock.
    Second, the area where the proposed activities will occur is a 
small fraction of the available habitat for Pacific walruses and polar 
bears. Cable-laying activities will have temporary impacts to Pacific 
walrus and polar bear habitat along a 175-km (109-mi) linear corridor 
of marine waters and coastal lands in Alaska. Underwater sound levels 
greater than 160 dB may affect a total area of up to 14 km\2\ (5.4 
mi\2\). Trenching of the seafloor may disturb the benthos along the 
cable route, affecting a total area of approximately 0.38 km\2\ (0.15 
mi\2\). Given the expansive range and distribution of both polar bears 
and Pacific walruses, these areas constitute a small fraction of the 
available habitat. These impacts will be temporary and localized, and 
will not impede the use of an area after the project activities are 
complete.
    Third, monitoring requirements and mitigation measures are expected 
to limit the number of takes. The cable activities will avoid den 
sites, sea-ice, terrestrial haulouts, and important feeding habitat. 
Adaptive mitigation measures will be implemented when areas that are 
used by Pacific walruses and polar bears cannot be avoided. These 
measures will include changes in speed or course when Pacific walruses 
or polar bears could come within 0.8 km (0.5 mi), as well as 
maintaining a 1.6-km

[[Page 25321]]

(1-mi) distance from Pacific walruses observed on land. These measures 
are expected to prevent take by Level A harassment and to minimize take 
by Level B harassment, especially in habitat areas of particular 
importance. Vessel activities will be monitored by PSOs, and unexpected 
impacts will be reported to the Service. No take by injury or death is 
anticipated or authorized. Monitoring and reporting will allow the 
Service to reanalyze and refine future take estimates and mitigation 
measures as activities continue in Pacific walrus and polar bear 
habitat in the future. Should the Service determine, based on 
monitoring and reporting, that the effects are greater than 
anticipated, the authorization may be modified, suspended, or revoked. 
For these reasons, we propose a finding that the Quintillion project 
will involve takes by Level B harassment of only a small number of 
animals.

Negligible Impact

    We propose a finding that any incidental take by harassment 
resulting from the proposed Quintillion cable-laying operation cannot 
be reasonably expected to, and is not reasonably likely to, adversely 
affect the Pacific walrus or the polar bear through effects on annual 
rates of recruitment or survival and would, therefore, have no more 
than a negligible impact on the species or stocks. In making this 
finding, we considered the best available scientific information, 
including: (1) The biological and behavioral characteristics of the 
species; (2) the most recent information on species distribution and 
abundance within the area of the proposed action; (3) the potential 
sources of disturbance during the proposed action; and (4) the 
potential responses of animals to this disturbance. In addition, we 
reviewed material supplied by the applicant, other operators in Alaska, 
our files and datasets, published reference materials, and species 
experts.
    Pacific walruses and polar bears are likely to respond to proposed 
activities with temporary behavioral modification or displacement. 
These reactions are unlikely to have consequences for the health, 
reproduction, or survival of affected animals. For Pacific walruses, a 
predominant source of disturbance is likely to be production of 
underwater sound by the cable-laying vessels. Sound production is not 
expected to reach levels capable of causing harm, and Level A 
harassment is not authorized. For polar bears, the sights, sounds, 
smells, and visual presence of vessels, workers, and equipment could 
all cause disturbances. Most animals will respond to disturbance by 
moving away from the source, which may cause temporary interruption of 
foraging, resting, or other natural behaviors. Affected animals are 
expected to resume normal behaviors soon after exposure, with no 
lasting consequences. Some animals may exhibit more severe responses 
typical of Level B harassment, such as fleeing, abandoning a haulout, 
or becoming separated from other members of a group. These responses 
could have significant biological impacts for a few affected 
individuals, but most animals will also tolerate this type of 
disturbance without lasting effects. Thus, although 250 Pacific 
walruses (approximately 0.2 percent of the stock) and 20 polar bears 
(0.5 percent of the CS stock and 1 percent of the SBS stock) are 
estimated to be taken (i.e., potentially disturbed) by Level B 
harassment, we do not expect this type of harassment to affect annual 
rates of recruitment or survival or result in adverse effects on the 
species or stock.
    Our proposed finding of negligible impact applies to incidental 
take associated with the proposed activities as mitigated by the 
avoidance and minimization measures. These mitigation measures are 
designed to minimize interactions with and impacts to Pacific walruses 
and polar bears. These measures, and the monitoring and reporting 
procedures, are required for the validity of our finding and are a 
necessary component of the IHA. For these reasons, we propose a finding 
that the 2017 Quintillion project will have a negligible impact on 
Pacific walruses and polar bears.

Impact on Subsistence

    We propose a finding that the anticipated harassment caused by 
Quintillion's activities would not have an unmitigable adverse impact 
on the availability of Pacific walruses or polar bears for taking for 
subsistence uses. In making this finding, we considered the timing and 
location of the proposed activities and the timing and location of 
subsistence harvest activities in the area of the proposed action. We 
also considered the applicant's consultation with potentially affected 
subsistence communities and proposed measures for avoiding impacts to 
subsistence harvest.

Required Determinations

National Environmental Policy Act (NEPA)

    We have prepared a draft Environmental Assessment (see ADDRESSES) 
in accordance with the NEPA (42 U.S.C. 4321 et seq.). We have 
preliminarily concluded that approval and issuance of an authorization 
for the nonlethal, incidental, unintentional take by Level B harassment 
of small numbers of Pacific walruses and polar bears in Alaska during 
cable-laying activities conducted by Quintillion in 2017 would not 
significantly affect the quality of the human environment, and that the 
preparation of an environmental impact statement for these actions is 
not required by section 102(2) of NEPA or its implementing regulations.

Endangered Species Act

    Under the ESA, all Federal agencies are required to ensure the 
actions they authorize are not likely to jeopardize the continued 
existence of any threatened or endangered species or result in 
destruction or adverse modification of critical habitat. We reviewed 
the range-wide status of Pacific walruses in response to a 2008 
petition to list this species. On February 10, 2011 (76 FR 7634), 
listing was found to be warranted, but was precluded due to higher 
priority listing actions (i.e., the Pacific walrus is now a candidate 
species). The Service listed the polar bear as a threatened species 
throughout its range under the ESA on May 15, 2008, due to loss of sea-
ice habitat caused by climate change (73 FR 28212). In 2010, the 
Service designated critical habitat for polar bears in the United 
States (75 FR 76086, December 7, 2010). Prior to issuance of this IHA, 
the Service will complete intra-Service consultation under Section 7 of 
the ESA on our proposed issuance of an IHA, which will consider whether 
the effects of the proposed project will adversely affect polar bears 
or their critical habitat. In addition, we will review our previous 
evaluation on whether the effects of the proposed activities will 
jeopardize the continued existence of the Pacific walrus. These 
evaluations and findings will be made available on the Service's Web 
site at http://www.fws.gov/alaska/fisheries/mmm/iha.htm.

Government-to-Government Coordination

    It is our responsibility to communicate and work directly on a 
Government-to-Government basis with federally recognized Alaska Native 
tribes and organizations in developing programs for healthy ecosystems. 
We seek their full and meaningful participation in evaluating and 
addressing conservation concerns for protected species. It is our goal 
to remain sensitive to Alaska Native culture, and to make information 
available to Alaska Natives. Our efforts are guided by the following 
policies and directives: (1) The Native American

[[Page 25322]]

Policy of the Service (January 20, 2016); (2) the Alaska Native 
Relations Policy (currently in draft form); (3) Executive Order 13175 
(January 9, 2000); (4) Department of the Interior Secretarial Orders 
3206 (June 5, 1997), 3225 (January 19, 2001), 3317 (December 1, 2011), 
and 3342 (October 21, 2016); (5) the Alaska Government-to-Government 
Policy (a Department of the Interior (DOI) memorandum issued January 
18, 2001); and (6) the DOI's policies on consultation with Alaska 
Native tribes and organizations,
    Alaska Natives have a long history of self-regulation, based on the 
need to ensure a sustainable take of marine mammals for food and 
handicrafts. Co-management promotes full and equal participation by 
Alaska Natives in decisions affecting the subsistence management of 
marine mammals (to the maximum extent allowed by law) as a tool for 
conserving marine mammal populations in Alaska. To facilitate co-
management activities, the Service maintains cooperative agreements 
with the EWC and the Qayassiq Walrus Commission. We are currently 
seeking a partner for co-management of polar bears. These cooperative 
relationships help support a wide variety of management activities, 
including co-management operations, biological sampling programs, 
harvest monitoring, collection of Native knowledge in management, 
international coordination on management issues, cooperative 
enforcement of the MMPA, and development of local conservation plans. 
To help realize mutual management goals, the Service meets regularly 
with our co-management partners to discuss future expectations and 
outline a shared vision of co-management.
    We have evaluated possible effects of the proposed activities on 
federally recognized Alaska Native tribes and organizations. Through 
the IHA process identified in the MMPA, the applicant has presented a 
communication process, culminating in a POC with the Native 
organizations and communities most likely to be affected by their work. 
Quintillion has engaged these groups in numerous informational 
meetings.
    Through these various interactions and partnerships, we have 
determined that the issuance of this proposed IHA is permissible. We 
invite continued discussion, either about the project and its impacts, 
or about our coordination and information exchange throughout the IHA/
POC process.

Proposed Authorization

    We propose to issue an IHA for the incidental, unintentional take 
by Level B harassment of small numbers of Pacific walruses and polar 
bears during cable-laying activities in the marine waters of Alaska and 
impacted coastal communities, as described in this document and in the 
applicant's petition. We neither anticipate nor propose authorization 
for intentional take or take by injury or death. If issued, this IHA 
will be effective immediately after the date of issuance through 
November 15, 2017.
    If issued, this IHA will also incorporate the mitigation, 
monitoring, and reporting requirements described in this proposal. The 
applicant will be expected and required to implement and fully comply 
with those requirements. If the nature or level of activity changes or 
exceeds that described in this proposal and in the IHA petition, or the 
nature or level of take exceeds that projected in this proposal, the 
Service will reevaluate its findings. The Service may modify, suspend, 
or revoke the authorization if the findings are not accurate or the 
mitigation, monitoring, and reporting requirements described herein are 
not being met.

    Dated: May 1, 2017.
Gregory E. Siekaniec
Regional Director, Alaska Region.
[FR Doc. 2017-11381 Filed 5-31-17; 8:45 am]
 BILLING CODE 4333-15-P



                                                  25304                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  Reduced Take Alternative                                Public Comments                                       sooner than 30 days after the
                                                                                                            We request data, comments, new                      publication of the notice of availability
                                                    The Reduced Take Alternative would                                                                          for the final Plan, final EIS/EIR, and
                                                  include the same categories of covered                  information, or suggestions from the
                                                                                                          public, other concerned governmental                  completion of the Record of Decision.
                                                  activities as the Proposed Action
                                                  Alternative; however, under this                        agencies, the scientific community,                   Authority
                                                                                                          Tribes, industry, or any other interested
                                                  Alternative, eight geographic areas                                                                              We publish this notice under the
                                                                                                          party on this notice, the draft EIS/EIR,
                                                  designated for development under the                                                                          National Environmental Policy Act of
                                                                                                          and draft Plan. We particularly seek
                                                  Proposed Action Alternative that would                                                                        1969, as amended (42 U.S.C. 4321–4347
                                                                                                          comments on the following:
                                                  result in take of Covered Species would                                                                       et seq.), and its implementing
                                                                                                            1. Biological information concerning
                                                  not be permitted. These locations are in                                                                      regulations at 40 CFR 1500–1508, as
                                                                                                          the species;
                                                  the vicinity of Clarksburg, Davis, the                                                                        well as in compliance with section 10(c)
                                                                                                            2. Relevant data concerning the
                                                  Dunnigan Specific Plan, West                                                                                  of the Endangered Species Act (16
                                                                                                          species;
                                                  Sacramento, and Woodland (see Exhibit                                                                         U.S.C. 1531–1544 et seq.) and its
                                                                                                            3. Additional information concerning
                                                  2–6 in the EIS/EIR), and include                                                                              implementing regulations at 40 CFR
                                                                                                          the range, distribution, population size,
                                                  approximately 1,335 acres. Other than                                                                         17.22.
                                                                                                          and population trends of the species;
                                                  assuming that no take of Covered                          4. Current or planned activities in the             Michael Fris,
                                                  Species would occur in the 1,335 acres,                 subject area and their possible impacts               Assistant Regional Director, U.S. Fish and
                                                  the Reduced Take Alternative also                       on the species;                                       Wildlife Service, Pacific Southwest Region,
                                                  assumes that the 1,335 acres of                           5. The presence of archeological sites,             Sacramento, California.
                                                  development could be displaced to                       buildings and structures, historic                    [FR Doc. 2017–11295 Filed 5–31–17; 8:45 am]
                                                  another location under the same take                    events, sacred and traditional areas, and             BILLING CODE 43330–15–P
                                                  restriction as the Proposed Action                      other historic preservation concerns,
                                                  Alternative; all other elements of the                  which are required to be considered in
                                                  Draft Plan (e.g., Covered Species and                   project planning by the National                      DEPARTMENT OF THE INTERIOR
                                                  Covered Activities) remain the same                     Historic Preservation Act; and
                                                                                                            6. Identification of any other                      Fish and Wildlife Service
                                                  under the Reduced Take Alternative.
                                                                                                          environmental issues that should be
                                                  Reduced Development Alternative                                                                               [FWS–R7–ES–2017–N065; FF07CAMM00–
                                                                                                          considered with regard to the proposed
                                                                                                                                                                FX–FXEX111607MRG01]
                                                                                                          development and permit action.
                                                     The Reduced Development                                You may submit your comments and
                                                  Alternative would include the same                                                                            Marine Mammals; Incidental Take
                                                                                                          materials by one of the methods listed                During Specified Activities; Proposed
                                                  categories of covered activities as the                 in the ADDRESSES section. Comments
                                                  Proposed Action Alternative; however,                                                                         Incidental Harassment Authorization
                                                                                                          and materials we receive will be                      for Pacific Walruses and Polar Bears in
                                                  under this Alternative, development                     available for public inspection by                    Alaska and Associated Federal Waters
                                                  within a portion of the west side of the                appointment, during normal business
                                                  Dunnigan Specific Plan Area, and the                    hours (Monday through Friday, 8 a.m. to               AGENCY:   Fish and Wildlife Service,
                                                  Elkhorn Specific Plan Area, are assumed                 4:30 p.m.) at the Service’s Sacramento                Interior.
                                                  to not be included in the Covered                       address (see ADDRESSES).                              ACTION: Notice of receipt of application
                                                  Activities. The portion of the Dunnigan                                                                       and proposed incidental harassment
                                                                                                          Public Availability of Comments
                                                  Specific Plan selected for exclusion                                                                          authorization; availability of draft
                                                  from Covered Activities under this                        Before including your address, phone                environmental assessment; request for
                                                  Alternative covers approximately 1,012                  number, or other personal identifying                 comments.
                                                  acres, and the Elkhorn Specific Plan                    information in your comment, you
                                                  Area covers approximately 383 acres. In                 should be aware that your entire                      SUMMARY:   We, the U.S. Fish and
                                                  each of these two areas, it is assumed                  comment—including your personal                       Wildlife Service, in response to a
                                                  that some type of development could                     identifying information—might be made                 request under the Marine Mammal
                                                  potentially occur within the 50-year                    publicly available at any time. While                 Protection Act of 1972, as amended,
                                                                                                          you can ask us in your comment to                     from Quintillion Subsea Operation,
                                                  term of the permit. If such development
                                                                                                          withhold your personal identifying                    LLC, propose to authorize the incidental
                                                  were to occur, it would not be
                                                                                                          information from public review, we                    taking by harassment of small numbers
                                                  considered a Covered Activity under the
                                                                                                          cannot guarantee that we will be able to              of Pacific walruses and polar bears from
                                                  HCP; therefore, the HCP would not be                                                                          July 1 to November 15, 2017. The
                                                                                                          do so.
                                                  available as a mechanism to address                                                                           applicant has requested this
                                                  affects to Covered Species. Any                         Next Steps                                            authorization for its planned fiber optic
                                                  permitting required for compliance with                    Issuance of an incidental take permit              cable-laying activities. The area
                                                  the Act for future development would                    is a Federal proposed action subject to               specified for inclusion in the proposed
                                                  be undertaken for each of these two                     compliance with NEPA. We will                         authorization includes Federal waters of
                                                  areas individually on a project-by-                     evaluate the application, associated                  the northern Bering, Chukchi, and
                                                  project basis. Permitting and mitigation                documents, and any public comments                    western portions of the southern
                                                  would be implemented in a manner                        we receive to determine whether the                   Beaufort Seas, the marine waters of the
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                                                  similar to under the No Action                          application meets the requirements of                 State of Alaska, and coastal land
                                                  Alternative. Other than characteristics                 NEPA regulations and section 10(a) of                 adjacent to Nome, Kotzebue, Point
                                                  described above, all other elements of                  the Act. If we determine that those                   Hope, Wainwright, Utqiagvik (formerly
                                                  the Draft Plan (e.g., Covered Species and               requirements are met, we will issue                   Barrow), and Oliktok Point, as shown in
                                                  Covered Activities) remain the same                     permits to the applicants for the                     Figure 1. We anticipate no take by
                                                  under the Reduced Development                           incidental take of the Covered Species.               injury or death and include none in this
                                                  Alternative.                                            A permit decision will be made no                     proposed authorization, which if


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                           25305

                                                  finalized, will be for take by harassment               specified in Figure 1. We anticipate no               Pacific walruses and polar bears for
                                                  only.                                                   take by injury or death and include                   taking for subsistence uses by coastal
                                                  DATES: We will consider comments we                     none in this proposed authorization,                  dwelling Alaska Natives; and
                                                  receive on or before July 3, 2017.                      which, if finalized, would be for take by               • Requirements for the monitoring
                                                  ADDRESSES:                                              harassment only.                                      and reporting of the taking of Pacific
                                                     Document availability: The incidental                                                                      walruses and polar bears by harassment
                                                                                                          Executive Summary                                     during the proposed activities.
                                                  harassment authorization request,
                                                  associated draft environmental                          Why We Need To Publish a Draft                        Request for Public Comments
                                                  assessment, and literature cited are                    Incidental Harassment Authorization
                                                                                                          (IHA)                                                    We intend that this authorization, if
                                                  available for viewing at http://
                                                                                                                                                                finalized, will be as accurate and as
                                                  www.fws.gov/alaska/fisheries/mmm/                         Section 101(a)(5)(D) of the MMPA (16                effective as possible. Therefore, we
                                                  iha.htm.                                                U.S.C. 1361 et seq.) directs the U.S. Fish
                                                     Comments submission: You may                                                                               request comments or suggestions on this
                                                                                                          and Wildlife Service (Service) to allow,              proposed authorization. We particularly
                                                  submit comments on the proposed                         upon request, and for periods of not
                                                  incidental harassment authorization and                                                                       seek comments concerning:
                                                                                                          more than 1 year, the incidental but not                 • Whether the proposed
                                                  associated draft environmental                          intentional take of small numbers of                  authorization, including the proposed
                                                  assessment by one of the following                      marine mammals by U.S. citizens who                   activities, will have a negligible impact
                                                  methods:                                                engage in a specified activity (other than
                                                     • U.S. mail or hand-delivery: Public                                                                       on the species or stocks of Pacific
                                                                                                          commercial fishing) within a specified                walrus or polar bear.
                                                  Comments Processing, Attention: Ms.                     geographical area if certain findings are                • Whether the proposed authorization
                                                  Kimberly Klein, U.S. Fish and Wildlife                  made regarding the effects of the take.               will ensure that an unmitigable adverse
                                                  Service, MS 341, 1011 East Tudor Road,                  The Service has received a petition from              impact on the availability of Pacific
                                                  Anchorage, Alaska 99503;                                Quintillion to provide authorization for              walruses or polar bears for subsistence
                                                     • Fax: (907) 786–3816, Attention: Ms.                the incidental take by harassment of                  taking does not occur.
                                                  Kimberly Klein; or                                      Pacific walruses (Odobenus rosmarus                      • The appropriateness of the
                                                     • Email comments to: FW7_AK_                         divergens) and polar bears (Ursus                     permissible methods of taking by
                                                  Marine_Mammals@fws.gov.                                 maritimus) for a cable-laying project
                                                     Please indicate whether your                                                                               harassment pursuant to the proposed
                                                                                                          that is intended to improve broadband                 activity.
                                                  comments apply to the proposed                          internet service in northern Alaska. The                 • The appropriateness, effectiveness,
                                                  incidental harassment authorization or                  project is a continuation of work begun               and practicability of mitigation
                                                  the draft environmental assessment. We                  in 2016. The MMPA directs the Service                 measures and other means of effecting
                                                  will post all comments on http://                       to provide opportunity for public                     the least practicable impact on Pacific
                                                  www.fws.gov/alaska/fisheries/mmm/                       comment prior to finalizing this                      walruses and polar bears and their
                                                  iha.htm. See Request for Public                         authorization.                                        habitat.
                                                  Comments below for more information.                                                                             • The appropriateness, effectiveness,
                                                  FOR FURTHER INFORMATION CONTACT:                        The Effect of This Authorization
                                                                                                                                                                and practicability of requirements for
                                                  Copies of the application, the list of                     The MMPA allows the Service to                     the monitoring and reporting of the
                                                  references used in the notice, and other                authorize, upon request, the incidental               taking of Pacific walruses and polar
                                                  supporting materials may be                             take of small numbers of marine                       bears by harassment during the
                                                  downloaded from the web at: http://                     mammals as part of a specified activity               proposed activities.
                                                  www.fws.gov/alaska/fisheries/mmm/                       within a specified geographic region. In              You may submit your comments and
                                                  iha.htm. You may also contact Ms.                       this case, the Service may authorize the              materials concerning this proposed
                                                  Kimberly Klein by mail at Marine                        incidental, but not intentional, take by              authorization by one of the methods
                                                  Mammals Management, U.S. Fish and                       harassment of small numbers of Pacific                listed in ADDRESSES.
                                                  Wildlife Service, MS 341, 1011 East                     walruses and polar bears by Quintillion                  If you submit a comment via FW7_
                                                  Tudor Road, Anchorage, AK 99503; by                     during the specified cable-laying project             AK_Marine_Mammals@fws.gov, your
                                                  email at kimberly_klein@fws.gov; or by                  activities if we determine that such                  entire comment—including any
                                                  telephone at 1–800–362–5148, to                         harassment during each period will:                   personal identifying information—may
                                                  request documents.                                         • Have no more than a ‘‘negligible                 be made available to the public. If you
                                                  SUPPLEMENTARY INFORMATION: In                           impact’’ on the species or stock of                   submit a hardcopy comment that
                                                  response to a request from Quintillion                  Pacific walruses and polar bears; and                 includes personal identifying
                                                  Subsea Operation, LLC (Quintillion or                      • Not have an ‘‘unmitigable adverse                information, you may request at the top
                                                  ‘‘the applicant’’), we propose to                       impact’’ on the availability of Pacific               of your document that we withhold this
                                                  authorize the incidental taking by                      walruses and polar bears for taking for               information from public review.
                                                  harassment of small numbers of Pacific                  subsistence uses by coastal dwelling                  However, we cannot guarantee that we
                                                  walruses and polar bears from July 1 to                 Alaska Natives.                                       will be able to do so. We will post all
                                                  November 15, 2017, under section                        If we make these determinations, the                  comments on http://www.fws.gov/
                                                  101(a)(5)(D) of the Marine Mammal                       Service shall prescribe, where                        alaska/fisheries/mmm/iha.htm.
                                                  Protection Act of 1972 (MMPA), as                       applicable:
                                                  amended. Quintillion has requested this                    • Permissible methods of taking by                 Background
                                                  authorization for its planned cable-                    harassment pursuant to the proposed                      Section 101(a)(5)(D) of the MMPA, as
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                                                  laying activities in Federal waters of the              activity;                                             amended (16 U.S.C. 1371(a)(5)(D)),
                                                  northern Bering, Chukchi, and western                      • Other means of effecting the least               authorizes the Secretary of the Interior
                                                  portions of the southern Beaufort Seas,                 practicable impact on Pacific walruses                (the Secretary) to allow, upon request of
                                                  the marine waters of the State of Alaska,               and polar bears and their habitat, paying             a citizen and subject to such conditions
                                                  and coastal land adjacent to Nome,                      particular attention to rookeries, mating             as the Secretary may specify, the
                                                  Kotzebue, Point Hope, Wainwright,                       grounds, and areas of similar                         incidental but not intentional taking by
                                                  Utqiagvik, and Oliktok Point, as                        significance, and on the availability of              harassment of small numbers of marine


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                                                  25306                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  mammals of a species or population                      reasonably likely to adversely affect the             and operations and maintenance (O&M)
                                                  stock by such citizens who are engaging                 species or stock through effects on                   of any areas that do not meet testing
                                                  in a specified activity within a specified              annual rates of recruitment or survival.              requirements.
                                                  region. Incidental taking may be                        ‘‘Unmitigable adverse impact’’ is                        Quintillion is requesting incidental
                                                  authorized only if the Secretary finds                  defined as an impact resulting from the               take by Level B harassment of 250
                                                  that such take during each period                       specified activity: (1) That is likely to             Pacific walruses and 20 polar bears from
                                                  concerned will have a negligible impact                 reduce the availability of the species to             disruption of behavioral patterns and
                                                  on such species or stock and will not                   a level insufficient for a harvest to meet            exposure to sound levels exceeding 160
                                                  have an unmitigable adverse impact on                   subsistence needs by (i) causing the
                                                                                                                                                                decibels (dB). All dB levels are
                                                  the availability of such species or stock               marine mammals to abandon or avoid
                                                                                                                                                                referenced to 1 mPa for underwater
                                                  for subsistence use.                                    hunting areas, (ii) directly displacing
                                                     Section 101(a)(5)(D) of the MMPA                                                                           sound. All dB levels herein are dBRMS
                                                                                                          subsistence users, or (iii) placing
                                                  establishes a process by which citizens                                                                       unless otherwise noted; dBRMS refers to
                                                                                                          physical barriers between the marine
                                                  of the United States can apply for an                   mammals and the subsistence hunters;                  the root-mean-squared dB level, the
                                                  authorization for incidental take of                    and (2) that cannot be sufficiently                   square root of the average of the squared
                                                  small numbers of marine mammals                         mitigated by other measures to increase               sound pressure level over some duration
                                                  where the take will be limited to                       the availability of marine mammals to                 (typically 1 second). All sound source
                                                  harassment during a period of not more                  allow subsistence needs to be met.                    levels reported herein are as measured
                                                  than 1 year. We refer to these incidental                  In order to issue an IHA, the Service              at 1 m (3 ft) from the source.
                                                  harassment authorizations as ‘‘IHAs.’’                  must, where applicable, set forth the                    Prior to issuing an IHA, the Service
                                                     The term ‘‘take,’’ as defined by the                 following: (1) Permissible methods of                 must evaluate the level of activities
                                                  MMPA, means to harass, hunt, capture,                   taking; (2) means of effecting the least              described in the application, the
                                                  or kill, or to attempt to harass, hunt,                 practicable impact on the species or                  potential impacts to Pacific walruses
                                                  capture, or kill any marine mammal.                     stock and its habitat, paying particular              and polar bears, and the potential effects
                                                  Harassment, as defined by the MMPA,                     attention to rookeries, mating grounds,               on the availability of these species for
                                                  means any act of pursuit, torment, or                   and areas of similar significance; and (3)            subsistence use. Complete copies of
                                                  annoyance which: (i) Has the potential                  requirements pertaining to the                        Quintillion’s request and supporting
                                                  to injure a marine mammal or marine                     monitoring and reporting of such                      documents are available at: http://
                                                  mammal stock in the wild (the MMPA                      takings. Habitat areas of significance for            www.fws.gov/alaska/fisheries/mmm/
                                                  calls this ‘‘Level A harassment’’), or (ii)             Pacific walruses in the project area                  iha.htm.
                                                  has the potential to disturb a marine                   include marginal sea-ice zones,
                                                  mammal or marine mammal stock in the                    important feeding areas, and terrestrial              Description of the Specified Activities
                                                  wild by causing disruption of behavioral                haulouts. Habitat areas of significance               and Geographic Area
                                                  patterns, including, but not limited to,                for polar bears include den sites, sea-ice,
                                                  migration, breathing, nursing, breeding,                barrier islands, and areas free from                    In 2016, Quintillion installed fiber
                                                  feeding, or sheltering (the MMPA calls                  sources of disturbance.                               optic cable in the marine waters of the
                                                  this ‘‘Level B harassment’’).                                                                                 northern Bering, Chukchi, and
                                                     The terms ‘‘small numbers,’’                         Summary of Request                                    southwestern Beaufort Seas, in waters of
                                                  ‘‘negligible impact,’’ and ‘‘unmitigable                  On November 28, 2016, Quintillion                   the State of Alaska, and on coastal land
                                                  adverse impact’’ are defined in title 50                submitted a request to the Service for                of Alaska (Figure 1). Quintillion plans to
                                                  of the Code of Federal Regulations at 50                the nonlethal taking by Level B                       complete the project in 2017. When
                                                  CFR 18.27, the Service’s regulations                    harassment of Pacific walruses and                    completed, the subsea fiber optic cable
                                                  governing take of small numbers of                      polar bears that may occur incidental to              network will link with an existing
                                                  marine mammals incidental to specified                  the completion of a cable-laying project              terrestrial-based system to provide high-
                                                  activities. ‘‘Small numbers’’ is defined                begun in 2016. An amended request was                 speed internet to six rural Alaska
                                                  as a portion of a marine mammal                         received on January 19, 2017, and                     communities. The project will consist of
                                                  species or stock whose taking would                     additional project information was                    1,904 km (1,183 mi) of submerged cable,
                                                  have a negligible impact on that species                received on February 10, 2017.                        including a main trunk line and six
                                                  or stock. However, we do not rely on                      Most of this project was completed in               branch lines to onshore facilities in
                                                  that definition here, as it conflates the               2016, and the Service issued an IHA on                Nome, Kotzebue, Point Hope,
                                                  terms ‘‘small numbers’’ and ‘‘negligible                August 11, 2016, after opportunity for                Wainwright, Utqiagvik (formerly
                                                  impact,’’ which we recognize as two                     public comment (81 FR 40902, June 23,                 Barrow), and Oliktok Point. Oliktok
                                                  separate and distinct requirements.                     2016) in response to Quintillion’s                    Point is located 260 km (162 mi)
                                                  Instead, in our small numbers                           request at that time, however, additional             southeast of Point Barrow. This line will
                                                  determination, we evaluate whether the                  work is needed to complete the project.               connect over land with the community
                                                  number of marine mammals likely to be                   The proposed work will occur during                   of Nuiqsut and the Prudhoe Bay
                                                  taken is small relative to the size of the              the summer/fall open-water season of                  industrial center. Additional project
                                                  overall population. ‘‘Negligible impact’’               2017 and will include installation of 76              details are available in Quintillion’s IHA
                                                  is defined as an impact resulting from                  kilometers (km) (47 miles (mi)) of cable              application, available online at http://
                                                  the specified activity that cannot be                   north of Oliktok Point in the Beaufort                www.fws.gov/alaska/fisheries/mmm/
                                                  reasonably expected to, and is not                      Sea, testing along the entire cable route,            iha.htm.
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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                            25307




                                                     The 2016 program successfully                        Vessels include a cable ship and a                    tug will also be used to retrieve the
                                                  installed the vast majority (96 percent)                support vessel, shallow draft barges, and             anchors after the cable is laid.
                                                  of the cable, but did not complete the                  tugs. Equipment includes a sea plow,                     In deeper water, between
                                                  entire project. Work scheduled for the                  vibro plow, and a submerged remote                    approximately 6.5–16.5 km (4–10.3 mi)
                                                  2017 season includes installation of 76                 operating vehicle (ROV). Cable                        from shore, work will be conducted
                                                  km (47 mi) of cable along the Oliktok                   components will include the cable,                    from the construction barge pulling the
                                                  branch line, system testing, and O&M.                   interconnecting hardware, and                         vibro plow and winching itself along
                                                  The O&M activities will occur along                     repeaters. Echo sounders, transceivers,               anchor lines in the same manner as for
                                                  portions of the cable that do not meet                  and transponders will monitor the water               the shallow-water work. However, in
                                                  testing requirements and will involve                   depth and the position of equipment on                this section, a larger ocean-class tug (the
                                                  inspecting, retrieving, repairing, and                  the seafloor.                                         Vos Thalia or a similar tug) will be used
                                                  reburying cable. The O&M work will                         The onshore cable landing at Oliktok               to place and move the anchors.
                                                  also include placement of up to four 6-                 Point was completed in 2016 and                          In offshore areas, including along
                                                  meter (m) by 3-m (20-foot (ft) by 10-ft)                included a segment of horizontal                      approximately 60 km (37 mi) of the
                                                  concrete mattresses to protect cable                    directionally drilled (HDD) pipe to                   Oliktok line, the cable will be laid by
                                                  splices from ice scour.                                 connect the subsea cable with the land-               the Ile de Batz or a similar vessel (Ile de
                                                     Activities associated with the project,              based facilities. In shallow nearshore                Sein, CB Networker, or Ile de Brehat).
                                                  including mobilization, preliminary                     waters between the HDD pipe and                       The ship is 140 m (460 ft) in length and
                                                  work, cable laying, O&M, post-burial                    approximately 6.5 km (4 mi) from shore,               23 m (77 ft) in breadth, with berths for
                                                  work, and demobilization of survey and                  cable will be placed in a trench dug by               a crew of 70. It pulls a sea plow that cuts
                                                  support crews are planned to occur June                 a vibro plow. The vibro plow will be                  a trench while cable is fed through a
                                                  1–November 15, 2017. Work may occur                     pulled by a construction barge (the                   depressor that pushes it into the trench.
                                                  day or night and will begin in the                      Crowley 218 or similar). Maximum                      Prior to laying cable, seafloor sediment
                                                  summer as soon as sea-ice conditions                    trenching speed is 1.6 km per hour (km/               may be loosened by making multiple
                                                  allow. Project vessels will not pass                    h) (0.6 mi per hour (mi/h) or 0.54 knots              passes with the sea plow (this activity
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                                                  through or work in the Chukchi Sea                      (kn)). The construction barge will winch              is termed ‘‘pre-trenching’’). The normal
                                                  prior to July 1, 2017. Therefore,                       itself along the route using moored                   speed during plowing and pre-trenching
                                                  encounters with Pacific walruses and                    anchor lines. The anchors will be placed              is approximately 0.6 km/h (0.37 mi/h or
                                                  polar bears in June are unlikely.                       by a derrick operating from the deck of               0.32 kn).
                                                     Cable laying along the Oliktok branch                a small pontoon barge. A small river tug                 The Ile de Batz will also perform
                                                  line will use a variety of vessels and                  will maneuver the pontoon barge into                  O&M operations along the entire system,
                                                  tools, depending on water depth.                        position. The pontoon barge and river                 including the main trunk line and six
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                                                  25308                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  branch lines. Recovery and repair of                    survey before large areas were surveyed               the ocean floor where they feed a rich
                                                  faulty cable sections include retrieving                (Speckman et al. 2011).                               benthic ecosystem. Jay et al. (2012)
                                                  the cable, repairing it aboard the ship,                   Pacific walrus distribution is largely             tracked radio-tagged Pacific walruses to
                                                  and if required, reburying the cable.                   influenced by the extent of the seasonal              estimate areas of foraging and
                                                  Cable trenches should fill in by natural                pack ice and prey densities. From April               occupancy in the Chukchi Sea during
                                                  current processes, but Quintillion will                 through June, most of the population                  June–November of 2008–2011 (years
                                                  ensure that cable splices and                           migrates from the Bering Sea through                  when sea-ice was sparse over the
                                                  interconnections are fully buried. It is                the Bering Strait and into the Chukchi                continental shelf) and observed high use
                                                  not possible to determine the amount of                 Sea. Pacific walruses tend to migrate                 areas in the relatively shallow waters of
                                                  cable to be retrieved or reburied prior to              into the Chukchi Sea along lead systems               Hanna Shoal. Based on this information,
                                                  testing, but could involve several km for               that develop in the sea-ice. During the               the Service designated 24,600 km2
                                                  each fault repair. Quintillion provided a               open-water season, Pacific walruses are               (9,500 mi2) of the Chukchi Sea as the
                                                  maximum estimate of up to 125 km (78                    closely associated with the edge of the               Hanna Shoal Walrus Use Area
                                                  mi) of cable repair or reburial work for                seasonal pack ice as it retreats                      (HSWUA).
                                                  the entire project. Based on O&M needs                  northward between Russian waters to                      Pacific walruses are gregarious
                                                  for other projects, this estimate also                  areas west of Point Barrow, Alaska.                   animals. They travel and haul out onto
                                                  includes a buffer for possible                          Most of these animals remain in the                   ice or land in groups, and spend
                                                  complications due to the Arctic                         Chukchi Sea throughout the summer                     approximately 20–30 percent of their
                                                  environment.                                            months, but a few occasionally range                  time out of the water. Hauled-out
                                                     Quintillion proposes to conduct                      into the Beaufort Sea. Oil and gas                    animals tend to be in close physical
                                                  limited ice management, if needed.                      industry observers reported 35 walrus                 contact. Young animals often lie on top
                                                  Cable laying cannot be done in the                      sightings east of Point Barrow                        of adults. The size of the hauled-out
                                                  presence of ice due to safety concerns,                 (approximately 156.5° W.) from 1995                   groups can range from a few animals to
                                                  but Quintillion hopes to begin work on                  through 2012 (Kalxdorff and Bridges                   several thousand individuals. The
                                                  the Oliktok branch as soon as possible                  2003; AES Alaska 2015; USFWS                          largest aggregations occur at land
                                                  after the seasonal retreat of sea-ice from              unpublished data).                                    haulouts. Use of terrestrial haulouts in
                                                  Alaska’s northern coast. The Ile de Batz                   Pacific walruses typically occupy in               the eastern Chukchi Sea by large
                                                  must transit past Point Barrow for this                 waters of 100 m (328 ft) depth or less                numbers has been common during
                                                  work. Since 2007, breakup of coastal                    although they are capable of diving to                recent years of low summer sea-ice. At
                                                  sea-ice along much of Alaska’s North                    greater depths. When available, they use              these times the edge of the pack ice
                                                  Slope has occurred in June, but a                       sea-ice as a resting platform over feeding            moves north into the Arctic Basin where
                                                  persistent ice field north of Point                     areas, as well as for giving birth,                   the water depth is too great for Pacific
                                                  Barrow often remains into July. Ice                     nursing, passive transportation, and                  walruses to feed. In recent years, the
                                                  could also reappear during the season or                avoiding predators (Fay 1982; Ray et al.              barrier islands north of Point Lay have
                                                  at the end of the season. Quintillion                   2006). Benthic invertebrates are their                held large aggregations of up to 20,000
                                                  proposes to traverse broken ice around                  primary prey, but Alaska Native hunters               to 40,000 animals in late summer and
                                                  Point Barrow with the aid of an ice tug                 have reported some Pacific walruses                   fall (Monson et al. 2013). Pacific
                                                  that, if needed, will maneuver a path                   preying on seals, while fish and birds                walruses hauled out near Point Lay are
                                                  through the ice field. The tug will clear               are also occasionally consumed                        known to travel to Hanna Shoal and
                                                                                                          (Sheffield and Grebmeier 2009;                        back for feeding forays.
                                                  a path for the cable ship by pushing
                                                                                                          Seymour et al. 2014). Foraging trips                     The pack ice usually advances rapidly
                                                  individual ice floes aside. Ice
                                                                                                          from sea-ice or terrestrial haulouts may              southward in late fall, and most Pacific
                                                  management will only occur during an
                                                                                                          last for several days, during which the               walruses return with it, arriving in the
                                                  approximately 50-km (31-mi) transit
                                                                                                          animals dive to the bottom and feed                   Bering Sea by mid- to late-November.
                                                  past Point Barrow or in the event of
                                                                                                          nearly continuously. Foraging dives                   During the winter breeding season,
                                                  unexpected safety concerns.
                                                                                                          typically last 5–10 minutes, with surface             concentration areas form in the Bering
                                                  Description of Marine Mammals in the                    intervals of 1–2 minutes. Disturbance of              Sea where open leads, polynyas (an area
                                                  Area of Specified Activity                              the sea floor by foraging Pacific                     of open water surrounded by sea-ice), or
                                                                                                          walruses, known as bioturbation,                      thin ice occur (Fay et al. 1984; Garlich-
                                                  Pacific Walruses
                                                                                                          releases nutrients into the water                     Miller et al. 2011). Detailed information
                                                     The stock of Pacific walruses is                     column, provides food for scavenger                   on the biology and status of the species
                                                  composed of a single panmictic                          organisms, contributes to the diversity               is available at http://www.fws.gov/
                                                  population inhabiting the shallow                       of the benthic community, and is                      alaska/fisheries/mmm/.
                                                  continental shelf waters of the Bering                  thought to have a significant influence
                                                  and Chukchi Seas (Lingqvist et al. 2009;                on the ecology of the Bering and                      Polar Bears
                                                  Berta and Churchill 2012). The size of                  Chukchi Seas (Ray et al. 2006). Bivalve                  Polar bears are distributed throughout
                                                  the stock is historically uncertain. In                 clams of the genera Macoma, Serripes,                 the circumpolar Arctic region. The total
                                                  2006, the U.S. and Russian Federation                   and Mya appear to be the most                         world population is estimated to be
                                                  (Russia) conducted a joint aerial survey                important prey based on both stomach                  26,000 (95 percent CI = 22,000–31,000;
                                                  in the pack ice of the Bering Sea using                 contents and prey availability at Pacific             Wiig et al. 2015). In Alaska, polar bears
                                                  thermal imaging systems and satellite                   walrus feeding areas (Sheffield and                   have historically been observed as far
                                                  transmitters to count Pacific walruses in               Grebmeier 2009).                                      south in the Bering Sea as St. Matthew
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                                                  the water and hauled out on sea-ice. The                   Hanna Shoal is the most important                  Island and the Pribilof Islands (Ray
                                                  number within the surveyed area was                     foraging area known for Pacific walruses              1971). Two subpopulations, or stocks,
                                                  estimated at 129,000 with a 95 percent                  in the eastern Chukchi Sea (Brueggeman                occur in Alaska, the Chukchi Sea (CS)
                                                  confidence interval (CI) of 55,000 to                   et al. 1990, 1991; MacCracken 2012; Jay               stock and the Southern Beaufort Sea
                                                  507,000 individuals. This estimate is                   et al. 2012). The unique bathymetric                  (SBS) stock. An extensive area of
                                                  considered a minimum; weather                           and current patterns at Hanna Shoal                   overlap between the CS and SBS stocks
                                                  conditions forced termination of the                    deposit nutrients from the Bering Sea on              occurs between Point Barrow and Point


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                           25309

                                                  Hope (Amstrup et al. 2004; Obbard et al.                blueberries (Vaccinium sp.), snow geese               typically enter maternity dens by late
                                                  2010; Wiig et al. 2015). Polar bears in                 (Anser caerulescens), and caribou                     November and emerge with cubs in late
                                                  this area may be from either stock                      (Rangifer tarandus), prolonged                        March or April. Pregnant females are the
                                                  (Amstrup et al. 2004). A detailed                       consumption of terrestrial foods by                   only polar bears that den for an
                                                  description of the CS and SBS stocks is                 polar bears is linked with declines in                extended period during the winter;
                                                  found in USFWS (2017).                                  body condition and survival (Rode et al.              others may excavate temporary shelter
                                                     The SBS stock is shared with Canada                  2015a). These alternate foods cannot                  to escape harsh winter winds. In Alaska,
                                                  and had an estimated size of                            replace the energy-dense diet polar                   denning habitat is frequently located on
                                                  approximately 900 bears in 2010 (90                     bears obtain from marine mammals (e.g.,               barrier islands, riverbank drainages, and
                                                  percent CI = 606–1212; Bromaghin et al.                 Derocher et al. 2004; Rode et al. 2010b;              coastal bluffs. For a pregnant polar bear
                                                  2015). This represents a 25–50 percent                  Smith et al. 2010b).                                  to reach denning areas on land, pack ice
                                                  reduction from previous estimates of                       Seasonal polar bear distribution and               must drift close enough or must freeze
                                                  approximately 1,800 in 1986 (Amstrup                    movement patterns are linked to                       sufficiently early to allow her to walk or
                                                  et al. 1986), and 1,526 in 2006 (Regehr                 changes in sea-ice habitat; future                    swim to shore in the fall (Derocher et al.
                                                  et al. 2006). Analyses of over 20 years                 patterns may differ from those of the                 2004). Distance to the ice edge is
                                                  of data on the size and body condition                  past (Durner et al. 2007; Rode et al.                 thought to be a factor limiting denning
                                                  of bears in this subpopulation                          2014; Wilson et al. 2016). Historically,              on the coast of western Alaska by bears
                                                  demonstrated declines for most sex and                  in the Chukchi Sea and Beaufort Sea                   from the CS stock (Rode et al. 2015b).
                                                  age classes (Rode et al. 2010a). Declines               areas, less than 10 percent of the polar              In recent years, fewer dens have been
                                                  in body condition have occurred                         bear locations obtained via radio                     found on pack ice, suggesting that these
                                                  concurrently with reductions in annual                  telemetry were on land (Amstrup 2000;                 changes may be making pack ice less
                                                  sea-ice availability (Rode et al. 2010a,                Amstrup, U.S. Geological Survey,                      suitable for maternal denning
                                                  2012). Reductions in summer sea-ice                     unpublished data). However, in recent                 (Fischbach et al. 2007; Rode et al.
                                                  extent may be associated with low prey                  years, the proportion of time spent on                2015b). Climate projections indicate
                                                  abundance or limited access to prey                     land and the number of bears observed                 continued loss of multiyear ice in
                                                  (Bromaghin et al. 2015).                                using the coastal areas has increased,                summer and the possibility of total loss
                                                     The CS stock is shared with Russia.                  particularly during the summer and fall               of summer sea-ice in the near future
                                                  The most recent abundance estimate,                     (Schliebe et al. 2008, Rode et al. 2015b,             (Holland et al. 2006). These conditions
                                                  based on expert opinion and                             Atwood et al. 2016b). This is most likely             may further limit or eliminate maternity
                                                  extrapolation of denning surveys on                     due to the retreat of the sea-ice beyond              denning on pack ice (Stirling and
                                                  Wrangel Island in Russia, was 2,000                     the continental shelf and the associated              Derocher 2012).
                                                  bears in 2002 (PBSG 2002). The current                  increase in open water during the                        In 2008, the Service listed the polar
                                                  status and trend of the CS stock are                    summer and early fall (Zhang and                      bear as threatened under the
                                                  unknown due to a lack of data. A                        Walsh 2006; Serreze et al. 2007; Stroeve              Endangered Species Act (ESA) of 1973,
                                                  comparison of data from the period                      et al. 2007). Once sea-ice concentration              as amended (16 U.S.C. 1531 et seq.) due
                                                  1986–1994 with data from the period                     drops below 50 percent, polar bears                   to impacts from climate change. Climate
                                                  2008–2011 indicated that polar bears                    tend to abandon sea-ice for land.                     change in the Arctic, driven by
                                                  from the CS maintained similar body                     Alternately, bears may retreat northward              increasing atmospheric concentrations
                                                  condition and productivity (e.g.,                       with the consolidated pack ice over the               of anthropogenic greenhouse gases, is
                                                  number of yearlings per female)                         deep water of the polar basin. In both                the primary threat to polar bears, and is
                                                  between those periods despite declines                  instances, polar bears are likely to find             expected to impact polar bears in a
                                                  in sea-ice (Rode et al. 2014).                          limited prey and may reduce their                     variety of ways. These impacts include
                                                     Polar bears depend on sea-ice for a                  activity levels and lower body                        reduced sea-ice and a related decrease
                                                  number of purposes, including as a                      temperatures to save energy (Whiteman                 in prey and seal hunting habitat
                                                  platform from which to hunt and feed.                   et al. 2015).                                         (Atwood et al. 2015). Reductions in sea-
                                                  Polar bears are typically most abundant                    Diminished sea-ice cover also                      ice are expected to increase the polar
                                                  near the ice edges or openings in the ice               increases the areas of open water across              bears’ energetic costs of traveling, since
                                                  over relatively shallow continental shelf               which polar bears must swim to reach                  moving through fragmented sea-ice and
                                                  waters with high marine productivity                    land or remaining sea-ice. As areas of                swimming in open water requires more
                                                  (Durner et al. 2004). Their primary prey                unconsolidated ice increase and                       energy than walking across consolidated
                                                  is ringed (Pusa hispida) and bearded                    movement patterns of sea-ice change,                  sea-ice (Cherry et al. 2009, Pagano et al.
                                                  seals (Erignathus barbatus), although                   some bears are also likely to lose contact            2012, Rode et al. 2014). Bromaghin et al.
                                                  diet varies regionally with prey                        with the main body of ice. These bears                2015 linked declines in summer sea-ice
                                                  availability (Thiemann et al. 2008,                     may be more likely to drift into                      to reduced physical condition, growth,
                                                  Cherry et al. 2011). Typically, polar                   unsuitable habitat and attempt to swim                and survival of polar bears. Projections
                                                  bears remain on the sea-ice throughout                  long distances to return (Sahanatien and              indicate continued climate warming
                                                  the year or spend only short periods on                 Derocher 2012). Researchers have                      through the end of this century and
                                                  land, where they will opportunistically                 observed that in some cases bears that                beyond (IPCC 2014). The long-term
                                                  scavenge or feed on beached marine                      swim long distances during the open                   consequences for polar bear populations
                                                  mammal carcasses (Kalxdorff and                         water period may become vulnerable to                 are uncertain but under unabated
                                                  Fischbach 1998). Remains of bowhead                     exhaustion and storms (Durner et al.                  greenhouse gas emissions, demographic
                                                  whale (Balaena mysticetus) made                         2011; Pagano et al. 2012).                            models project a high probability of
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                                                  available following subsistence harvest                    Climate change may also affect the                 population decline throughout the
                                                  by Alaska Native communities is an                      movement patterns and reproductive                    Arctic (Atwood et al. 2015).
                                                  important food source for some polar                    success of polar bears. Pregnant females                 The Service recently completed a 5-
                                                  bears, and may comprise up to 70                        will seek out den sites on land or on                 Year status review for the polar bear
                                                  percent of the fall diet (Rogers et al.                 multiyear sea-ice where accumulation of               (USFWS 2017). It concludes that new
                                                  2015). Although polar bears have been                   snow is sufficient for construction of a              information continues to support that
                                                  observed using terrestrial foods such as                well-insulated den. Pregnant females                  polar bears rely heavily on sea-ice for


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                                                  25310                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  essential life functions and that                       Greatest sensitivity was detected in the              found that noise from dynamic
                                                  increasing atmospheric levels of                        range from 11.2–22.5 kHz. Absolute                    positioning as well as noise from the
                                                  greenhouse gases are contributing to                    thresholds were less than 27–30 dB.                   drive propellers both contributed
                                                  Arctic warming and loss of sea-ice                      Nachtigall et al. (2007) did not test the             significantly to the sound signature, but
                                                  habitat. Although the global population                 full frequency range of polar bear                    thruster noise was largely subordinate to
                                                  of polar bears is currently estimated to                hearing. However, polar bears produce                 propeller noise. I&R (2016) determined
                                                  be approximately 26,000, we anticipate                  low frequency vocalizations and can                   that maximum sound levels produced
                                                  that the continued loss of sea-ice will                 detect low frequency seal calls in air                by the Ile de Brehat reached 185.2 dB,
                                                  cause the population to decline. The                    (Cushing et al. 1988). These results                  and the best fit for modelling
                                                  Service also recently issued a Polar Bear               indicate that polar bears have acute                  attenuation was a spreading loss model
                                                  Conservation Management Plan that                       hearing abilities and can hear a wider                with a transmission loss of 17.36 Log R.
                                                  highlights the need to take global action               range of frequencies than humans                      Application of this model produced an
                                                  to address climate change, and describes                (which are limited to about 20 kHz).                  estimated 160-dB ensonification zone
                                                  management measures that can be taken                      While many of the noise sources                    reaching 29 m (95 ft) from the vessel.
                                                  to ensure polar bears are in a position                 generated by the Quintillion cable                    The Ile de Batz is expected to produce
                                                  to recover once the necessary global                    project are likely to be audible to polar             similar levels of sound while pulling the
                                                  actions are taken (USFWS 2016).                         bears both in and out of water, polar                 sea plow during pre-trenching and
                                                                                                          bears are unlikely to be disturbed by                 cable-laying operations in the offshore
                                                  Potential Impacts of the Activities on                  underwater noise as they generally do                 segment of the Oliktok branch.
                                                  Pacific Walruses and Polar Bears                        not dive far or for long below the surface               Anchor handling and ice management
                                                     Quintillion’s vessels are most likely to             and they normally swim with their                     will be conducted by the Vos Thalia
                                                  encounter Pacific walruses in the                       heads above water where underwater                    (the same tug used in 2016) or a similar-
                                                  Chukchi and Bering Seas. The Beaufort                   noises are weak or undetectable. Sound                sized tug. There is no sound signature
                                                  Sea east of 153° W is considered                        levels also attenuate more rapidly near               data on the 59-m (194-ft) Vos Thalia, but
                                                  extralimital for Pacific walruses, so                   the surface due to turbulence. Masking                data is available for the 72-m (236-ft)
                                                  encounters are unlikely in that region.                 of sound is unlikely as polar bears are               Katun and the 84-m (276-ft) Tor Viking
                                                  Polar bears from either the SBS or CS                   not known to communicate underwater.                  II. Hannay et al. (2004) and LGL/JASCO/
                                                  stock could be present at any time                      Neither Pacific walruses nor polar bears              Greeneridge (2014) measured sound
                                                  throughout the project area, including at               are likely to be injured by airborne                  production for the Katun and the Tor
                                                  sea. Quintillion’s vessels will most                    noise. Sound attenuates in air more                   Viking II and documented sound levels
                                                  likely encounter polar bears among sea-                 rapidly than in water; airborne sound                 reaching 184 dB and 188 dB,
                                                  ice near Point Barrow in July or along                  likely to be produced by the proposed                 respectively, during anchor handling
                                                  the coast of the southwestern Beaufort                  action may cause disturbance, but is                  and ice management. Applying these
                                                  Sea in August and September.                            unlikely to cause temporary or                        sound levels to I&R’s transmission loss
                                                                                                          permanent hearing damage.                             model yields a 160–dB ensonification
                                                  Acoustic Impacts
                                                                                                                                                                zone with a radius of 26 m (85 ft) for
                                                     Pacific walruses and polar bears may                 Acoustic Sources
                                                                                                                                                                the Katun and 41 m (135 ft) for the Tor
                                                  be exposed to underwater noise from                        Acoustic sources operating during                  Viking II. Propeller cavitation rather
                                                  Quintillion’s activities. Exposure to high              cable laying will include propellers,                 than contact with the ice is expected to
                                                  levels of underwater sound at close                     dynamic positioning thrusters, plows,                 be the primary sound source during ice
                                                  range may cause hearing loss or mask                    jets, ROVs, echo sounders, and                        management activities by this class of
                                                  communications. Exposure at greater                     positioning beacons. Sound production                 vessel.
                                                  distances can cause behavioral                          will depend on the vessels in use and                    The M/V Discoverer will provide
                                                  disturbances.                                           their operations. The main Quintillion                support for the cable ship if needed.
                                                     Pacific walruses are capable of                      fleet will include up to seven vessels                This 27-m (89-ft) dual-hulled vessel is
                                                  hearing sounds both in air and in water.                during the 2017 program. The cable-lay                considered ‘‘ice-hardened.’’ It is not
                                                  Kastelein et al. (1996) tested the in-air               ship Ile de Batz (or an equivalent sister             capable of conducting ice management,
                                                  hearing of one captive individual from                  ship) will operate alone or will be                   but will assist with ice detection and
                                                  125 hertz (Hz)–8 kilohertz (kHz) and                    accompanied by an ice-class tug. A                    monitoring. It is powered by four 551-
                                                  determined the animal could hear all                    construction barge pulling a vibro plow               kW controllable pitch propellers. Sound
                                                  frequency ranges tested, with the                       will install cable in areas too shallow for           production levels have not been
                                                  greatest sensitivity from 250 Hz–2 kHz.                 the Ile de Batz. A support vessel will                documented for this vessel, but it will
                                                  Kastelein et al. (2002) also tested the                 accompany the cable ship as needed.                   not be towing, plowing, or doing other
                                                  underwater hearing of the same                          Anchor handling will be conducted by                  particularly noisy work. During normal
                                                  individual and determined that his                      a mid-size tug, or in very shallow water,             operations, noise from small ships
                                                  range of hearing was 1 kHz–12 kHz with                  a pontoon barge and small river tug.                  typically elevates the natural ambient
                                                  greatest sensitivity at 12 kHz. The                        The Ile de Batz is propelled by two                noise by 10–40 dB (Malinowski 2002).
                                                  sample size of one animal warrants                      4,000-kilowatt (kW) fixed-pitch                       Other ships in this size class are
                                                  caution since other pinnipeds can hear                  propellers and will maintain dynamic                  documented to produce sound levels of
                                                  up to 40 kHz.                                           positioning during cable-laying                       127–129 dB (Chakraborty 2015).
                                                     There is limited information on the                  operations by using two 1,500-kW bow                     Noise generation from the
                                                  hearing abilities of polar bears.                       thrusters, two 1,500-kW aft thrusters,                construction barge will primarily be
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                                                  Nachtigall et al. (2007) tested airborne                and one 1,500-kW fore thruster.                       during use of the vibro plow. There are
                                                  auditory response to stimuli from                       Illingworth & Rodkin (I&R 2016)                       no available estimates of sound
                                                  electrodes placed on the scalp of three                 conducted sound source verification                   produced during cable installation by a
                                                  captive polar bears. Testing was limited                (SSV) measurements of the Ile de Brehat               vibro plow in the Arctic, but
                                                  to frequencies ranging from 1 to 22.5                   (sister ship to the Ile de Batz) while                LouisDreyfus (2014) reported SSV
                                                  kHz; responses were detected at all                     operating near Nome at the beginning of               results from various trenching
                                                  frequencies greater than 1.4 kHz.                       Quintillion’s 2016 field season. They                 equipment, including a vibro plow, in


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                          25311

                                                  offshore waters of France. Nedwell et al.               transit will be lower than that produced              proposed threshold SELs weighted at
                                                  (2003) recorded broadband sound levels                  during cable laying. Sound from                       frequencies of greatest sensitivities for
                                                  reached during trenching in the United                  multiple sources may combine                          pinnipeds of 171 dB (SEL) and 186 dB
                                                  Kingdom. These studies reported source                  synergistically or partly cancel out,                 (SEL) for behavioral impacts and injury,
                                                  levels of 176 and 178 dB, respectively.                 depending on the hydrodynamics and                    respectively (Southall et al. 2007).
                                                  If we use these sound levels to predict                 acoustics involved.                                   Kastak et al. (2005) found exposures
                                                  the radii of the ensonification zone                                                                          resulting in TTS in pinniped test
                                                                                                          Acoustic Thresholds
                                                  during use of the vibro plow, we get an                                                                       subjects ranging from 152 to 174 dB
                                                  estimated distance of 16 m (52.5 ft) to                    Potential acoustic impacts from                    (183–206 dB SEL). Reichmuth et al.
                                                  the outer edge of the 160–dB zone. This                 exposure to high levels of sound may                  (2008) demonstrated a persistent TTS, if
                                                  estimate was derived using a practical                  cause temporary or permanent changes                  not a PTS, after 60 seconds of 184 dB
                                                  spreading loss model with a                             in hearing sensitivity. Researchers have              SEL. Kastelein (2012) found small but
                                                  transmission loss constant of 15 rather                 not studied the underwater hearing                    statistically significant TTSs at
                                                  than I&R’s (2016) 17.36 Log R                           abilities of Pacific walruses sufficiently            approximately 170 dB SEL (136 dB, 60
                                                  transmission loss model. The I&R (2016)                 to develop species-specific criteria for              min) and 178 dB SEL (148 dB, 15 min).
                                                  model was estimated from Quintillion’s                  preventing harmful exposure. Sound                    Finneran (2016) summarized these
                                                  work in deeper offshore water. Use of                   pressure level thresholds have been                   studies.
                                                  the vibro plow will occur in shallow                    developed for other members of the                       New guidance has been recently
                                                  water. Sound carries farther in shallow                 pinniped taxonomic group, above which                 released by NMFS (2016) for avoidance
                                                  water due to refraction and reflection,                 exposure is likely to cause behavioral                of underwater acoustic injury (Level A
                                                  and, in this case, a practical spreading                responses and injuries (Finneran 2015).               take) for marine mammals based on
                                                  loss model is likely to be more accurate                   Historically, the National Marine
                                                                                                                                                                estimates of PTS summarized by
                                                  for predicting attenuation (NOAA 2012).                 Fisheries Service (NMFS) has used 190
                                                                                                                                                                Finneran (2016). The thresholds for
                                                     A small river tug will be used to                    dB as a threshold for predicting auditory
                                                                                                                                                                non-impulse sound are based on
                                                  maneuver a pontoon barge during                         injury to pinnipeds, which equates to
                                                                                                          Level A harassment under the MMPA.                    cumulative SEL levels (SELcum) and
                                                  anchor handling in very shallow water.                                                                        include weighting adjustments that
                                                  The specific tug has not yet been                       The NMFS 190-dB injury threshold is
                                                                                                          an estimate of the sound level likely to              account for the sensitivity of different
                                                  identified, but smaller tugs generally                                                                        species to varying frequencies. These
                                                  produce broadband underwater noise                      cause a permanent shift in hearing
                                                                                                          thresholds (‘‘permanent threshold shift’’             recommendations do not identify
                                                  up to 180 dB; the loudest sounds are                                                                          criteria for avoidance of Level B take,
                                                  usually generated by thrusters when                     or PTS). This value was modelled from
                                                                                                          temporary threshold shifts (TTS)                      but do identify threshold sound levels
                                                  towing (Richardson et al. 1995,                                                                               above which marine mammals may
                                                  Blackwell and Greene 2003). Applying                    observed in marine mammals (NMFS
                                                                                                          1998; HESS 1999).                                     experience TTS. For pinnipeds, PTS is
                                                  the practical spreading loss model
                                                                                                             Thresholds for predicting behavioral               predicted to occur at 219 dB SELcum,
                                                  results in a maximum 160–dB
                                                                                                          impacts equating to Level B take under                and TTS at 199 dB SELcum.
                                                  ensonification zone with a radius of 22
                                                  m.                                                      the MMPA have been developed from                        Quintillion evaluated the probability
                                                     Echo sounders, transceivers, and                     observations of marine mammal                         of exceeding PTS thresholds given the
                                                  transponders will be used to conduct                    responses to airgun operations (e.g.,                 project’s predicted sound levels using
                                                  hydroacoustic surveys of water depth                    Malme et al. 1983a, 1983b; Richardson                 calculations in ‘‘Safe Distance
                                                  and to guide the position of the plow                   et al. 1986, 1995) or have been equated               Methodology for Mobile Sources’’ user
                                                  and ROV. Sound levels produced by                       with TTS detected in lab settings. For                spreadsheet developed by NMFS for this
                                                  these sources can range from 210 to 226                 pinnipeds, NMFS has traditionally                     purpose (see I&R 2016 for calculations).
                                                  dB at 1 m, but are generally at                         adopted a 160-dB threshold for                        Model outcomes predict there is no area
                                                  frequencies above the hearing                           exposure to impulse noise and a 120-dB                where injury thresholds for pinnipeds
                                                  sensitivities of Pacific walruses; typical              threshold for continuous noise (NMFS                  will be exceeded. We repeated these
                                                  frequencies are 24–900 kHz. Pulses of                   1998; HESS 1999). Southall et al. (2007)              model calculations using the same
                                                  sound are produced every 1–3 seconds                    assessed relevant studies, found                      assumptions to evaluate the likelihood
                                                  in narrow downward-focused beams;                       considerable variability among                        of reaching TTS at 199 dB SELcum. The
                                                  there is very little horizontal                         pinnipeds, and determined that                        radius of the resulting sound isopleth
                                                  propagation of noise. I&R (2016)                        exposures between approximately 90–                   was 1.9 m (6.2 ft) from the source.
                                                  attempted to measure echo sounder and                   140 dB generally do not appear to                        We then used the ‘‘Stationary source:
                                                  transponder sound levels associated                     induce strong behavioral responses in                 Non-Impulsive, Continuous’’ model to
                                                  with the Ile de Brehat, but could not                   pinnipeds in water, but an increasing                 predict the size of the 199 dB SELcum
                                                  detect them, even at a very close range.                probability of avoidance and other                    ensonification zone during stationary
                                                     Anchor handling with tugs, vibro                     behavioral effects exists in the range                activities such as anchor handling. We
                                                  plowing from the barge, and cable                       between 120–160 dB.                                   assumed the maximum sound pressure
                                                  laying from the Ile de Batz may be                         Southall et al. (2007) reviewed the                level of 188 dB, a weighting adjustment
                                                  conducted simultaneously, resulting in                  literature and derived behavior and                   factor of 2 for broadband sound below
                                                  multiple or overlapping ensonification                  injury thresholds based on peak sound                 8.5 kH, and a spreading loss constant of
                                                  zones, particularly along the Oliktok                   pressure levels of 212 dB (peak) and 218              15 for shallow water. The model output
                                                  cable branch. Ice management will not                   dB (peak), respectively. Because onset of             predicts that pinnipeds within 2.4 m
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                                                  be done during cable laying, but will                   TTS can vary in response to duration of               (7.9 ft) of the sound source could
                                                  occur when the cable ship is underway.                  exposure, Southall et al. (2007) also                 experience TTS within 60 seconds.
                                                  Thruster noise from the ice management                  derived thresholds based on sound                     Those remaining within 16 m (6.2 ft) of
                                                  tug and propeller cavitation noise from                 exposure levels (SEL). The SEL can be                 the sound source for 17 minutes could
                                                  the cable ship will, therefore, occur                   thought of as a composite metric that                 experience TTS, as could those within
                                                  concurrently, although propeller noise                  represents both the magnitude of a                    22 m (52.5 ft) for 28 minutes, 29 m (95
                                                  produced by the Ile de Batz during                      sound and its duration. The study                     ft) for 43 minutes, and those remaining


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                                                  25312                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  within 41 m (135 ft) for 72 minutes or                  reactions will depend on their prior                  Richardson et al. 1995; Southall et al.
                                                  longer.                                                 exposure to the disturbance source,                   2007; Ellison et al. 2011). Low-level
                                                     Based on the NMFS (2016) estimates                   their need or desire to be in the                     reactions are common and can be
                                                  of TTS onset, most animals that are                     particular area, their physiological                  caused by both natural and
                                                  exposed to the maximum estimated                        status, or other intrinsic factors. The               anthropogenic sources. Pacific walruses
                                                  sound production level (188 dB) will                    location, timing, frequency, intensity,               at haulouts have been documented
                                                  not remain within the radius of the 160-                and duration of the encounter are                     reacting to minor disturbances with
                                                  dB ensonification zone (41 m (135 ft)                   among the external factors that also                  head raises and changes in body
                                                  from the vessel) long enough to                         determine the animal’s response.                      orientation in response to passing ships,
                                                  experience TTS. Pacific walruses swim                   Relatively minor reactions such as                    aircraft, rock slides, and seabird
                                                  at an average speed of 7 km/h                           increased vigilance or a short-term                   activities (Helfrich and Meehan 2004).
                                                  (4.4 mi/h) and maximum speeds up to                     change in direction of travel are not                    Significant behavioral responses
                                                  35 km/h (22 mi/h) (MarineBio 2013). At                  likely to disrupt biologically important              include displacement from preferred
                                                  those rates of travel, a Pacific walrus                 behavioral patterns and do not                        foraging areas, increased stress levels or
                                                  could depart an ensonification zone                     constitute take by harassment as defined              energy expenditures, or cessation of
                                                  within 1 minute.                                        by the MMPA. These types of responses                 feeding. Disturbance that occurs while
                                                     The new thresholds help predict                      typify the most likely reactions of the               Pacific walruses are resting at a haulout
                                                  when animals may experience TTS, but                    majority of Pacific walruses and polar                may have the greatest potential for
                                                  behavioral reactions in response to                     bears that will interact with                         harmful impacts. Disturbance events in
                                                  noise or vessel activities remain a more                Quintillion’s activities.                             the Chukchi Sea have been known to
                                                  likely cause of Level B take. Animals                      Extreme behavioral reactions capable               cause groups to abandon land or ice
                                                  exposed to high levels of sound are not                 of causing injury are characterized as                haulouts and occasionally result in
                                                  likely to experience TTS without also                   Level A harassment and will not be                    trampling injuries or separation of a calf
                                                  expressing significant changes in                       authorized. Examples include                          from a cow, both of which are
                                                  behavior. The best predictor of                         separation of mothers from young or                   potentially fatal (USFWS 2015a).
                                                  behavioral response for Pacific walruses                stampedes, which could result in death                Females with dependent calves are
                                                  exposed to underwater sound continues                   of the offspring or trampling of young                considered least tolerant of disturbance
                                                  to be the distance at which the                         animals. Quintillion has included                     and most likely to flee a haulout. Calves
                                                  encounter occurs in relation to the                     measures to prevent such disturbances                 and young animals at terrestrial
                                                  sound levels produced.                                  (see Mitigation and Monitoring).                      haulouts are particularly vulnerable to
                                                     Applying a precautionary approach in                    Intermediate reactions disrupting                  trampling injuries during a stampede.
                                                  the absence of empirical information,                   biologically significant behaviors, such                 Quintillion’s activities are planned to
                                                  we assume it is possible that Pacific                   as interruptions in nursing, feeding, or              avoid terrestrial haulouts but may
                                                  walruses exposed to 190 dB or greater                   resting, may potentially result in                    encounter hauled-out animals on ice.
                                                  sound levels from underwater activities                 decreased fitness for the affected                    Icebreaking activities in the Chukchi
                                                  could suffer injury from PTS. Sound                     animal. These reactions meet the criteria             Sea were observed to displace some
                                                  pressure levels greater than 180 dB                     for Level B harassment under the                      Pacific walrus groups up to several
                                                  could cause temporary shifts in hearing                 MMPA and are discussed for each                       kilometers away (Brueggeman et al.
                                                  thresholds. Repeated or continuous                      species in the following sections.                    1990). Approximately 25 percent of
                                                  exposure to sound levels between 160–                                                                         groups on pack ice responded by diving
                                                                                                          Behavioral Response of Pacific Walrus
                                                  180 dB may also result in TTS, and                                                                            into the water; most reactions occurred
                                                  exposures above 160 dB are more likely                     Between June and mid-November,                     within 0.8–1 km (0.5–0.6 mi) of the
                                                  to elicit behavioral responses than lower               Pacific walruses may be found in the                  ship. However, groups of hauled-out
                                                  level exposures.                                        Chukchi Sea near the edge of seasonal                 Pacific walruses beyond these distances
                                                     The Service’s underwater sound                       pack ice, among broken sea-ice, in                    generally showed little reaction to
                                                  mitigation measures include employing                   preferred feeding areas (especially the               icebreaking activities (Brueggeman et al.
                                                  ‘‘Protected Species Observers’’ (PSOs) to               HSWUA), at coastal haulouts, or                       1990, 1991). Pacific walruses are
                                                  establish and monitor 160-dB, 180-dB,                   travelling between these areas. While                 typically less sensitive to disturbance
                                                  and 190-dB isopleth ensonification                      animals may be present anywhere west                  when they are in the water than when
                                                  zones centered on any underwater                        of 153° W., Quintillion’s vessels are                 hauled out on land or ice (Fay et al.
                                                  sound source greater than 160 dB.                       most likely to encounter Pacific                      1984). Pacific walruses on ice have been
                                                  Quintillion’s work is not expected to                   walruses in two areas: (1) Along the                  observed to move away from an
                                                  generate sound levels greater than 190                  cable route as it passes between the                  approaching ship that is hundreds of
                                                  dB, but PSOs will monitor areas within                  HSWUA and a seasonal haulout at Point                 meters away, whereas walruses in water
                                                  the 160-dB zone (including a 180-dB                     Lay (cable-laying and support vessels                 react at ranges of tens of meters (Fay et
                                                  zone) during all work in areas where                    may cross paths with Pacific walruses                 al., 1984). Quintillion’s vessels will
                                                  Pacific walruses could occur. Pacific                   that are traveling between these areas),              maintain slow speeds in the presence of
                                                  walruses in this zone will be assumed                   and (2) near the Point Barrow ice field               Pacific walruses. Ice management
                                                  to experience Level B take due to the                   when project vessels are in transit to                activities will not be conducted, except
                                                  possibility that prolonged sound                        and from the Beaufort Sea.                            in emergencies, until a PSO has verified
                                                  exposure may lead to TTS and the                           Pacific walruses may respond to the                that no Pacific walruses are present.
                                                  higher probability of biologically                      sights, sounds, and smells of humans,                    Pacific walruses may become
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                                                  significant behavioral responses.                       machinery, and equipment. Typical                     habituated to some activities, tempering
                                                                                                          behavioral responses to disturbances                  their reactions. For example, Pacific
                                                  Behavioral Response to Disturbance                      include: Altered headings; increased                  walruses at haulouts show increased
                                                    Marine mammals in general have                        swimming rates; increased vigilance;                  tolerance of outboard motorboats in
                                                  variable reactions to sights, sounds,                   changes in dive, surfacing, respiration,              years when they are not hunted from
                                                  smells, and visual presence of vessels                  feeding, and vocalization patterns; and               boats compared with years when
                                                  and human activities. An individual’s                   hormonal stress production (e.g., see                 hunting occurs (Malme et al., 1989).


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                            25313

                                                  Most adult Pacific walruses have had                    prolonged disturbances. Short-term                    onshore facilities. Reports by vessels at
                                                  some previous exposure with ships at                    increased energy expenditures are                     sea were relatively uncommon. Most
                                                  sea and probably have some degree of                    expected to be within tolerance levels                sightings were of single adult and
                                                  habituation to vessel propulsion sounds.                and will not affect survival or                       subadult bears. Fewer sightings were of
                                                  In general, low frequency diesel engines                reproductive capacity of any Pacific                  sows with cubs. Polar bear sightings
                                                  have been observed to cause fewer                       walruses.                                             have generally increased in recent years,
                                                  disturbances than high-frequency                                                                              likely due in part to greater monitoring
                                                                                                          Behavioral Responses of Polar Bears
                                                  outboard engines (Fay et al. 1984). The                                                                       efforts, and possibly also due to
                                                  presence of Quintillion’s vessels alone                    Quintillion’s crew may see polar bears             increased use of coastal areas by bears.
                                                  has little consequence for most animals                 among the broken ice of the Point                     In most cases, the bear showed no
                                                  and is unlikely to cause significant                    Barrow ice field during early summer                  response or responded by walking or
                                                  disturbances in the absence of cable-                   activities. If the ice retreats northward             swimming away from the facilities or
                                                  laying or ice-breaking activity.                        prior to the start of the work season, the            activities.
                                                     Vessels will produce higher noise                    crew may not encounter polar bears                       Chronic disturbances, extreme
                                                  levels during cable laying and ice                      until August or September, when bears                 reactions (fleeing or fighting), or
                                                  management than while in transit.                       become more common near shore and                     disturbances affecting key behaviors are
                                                  These noises may evoke behavioral                       along the barrier islands. At that time,              more likely to affect fitness and can
                                                  responses in addition to the possible                   workers along the Oliktok branch line                 cause injury. These events have the
                                                  impacts to hearing discussed                            could see bears resting or travelling                 potential to cause Level A take. Polar
                                                  previously. Passive acoustic monitoring                 along the coast. The amount of time the               bears attracted to human activities are at
                                                  conducted during Quintillion’s 2016                     bears spend in these coastal habitats                 significant risk of human-bear conflicts,
                                                  work documented Pacific walruses                        depends on a variety of factors                       which could result in intentional hazing
                                                  vocalizing in the local area before and                 including storms, ice conditions, and                 or possibly lethal take in defense of
                                                  after, but not during, cable-laying work.               the availability of food. The remains of              human life. Historically, polar bear
                                                  There is a possibility that the Pacific                 subsistence-harvested bowhead whales                  observations are seasonally common,
                                                  walruses moved or ceased vocalizing                     at Cross and Barter islands provide a                 but close encounters with people are
                                                  due to the project’s noise (Owl Ridge                   readily available food source and may                 uncommon. Human-bear interactions
                                                  2017). This may be an indication of                     influence the numbers of bears in the                 and impacts to denning polar bears are
                                                  auditory masking (a change in the                       area (Schliebe et al. 2006).                          of particular concern. Quintillion’s
                                                  ability to detect relevant sounds in the                   Sights, sounds, and scents produced                activities will not overlap with the
                                                  presence of other sounds) (Wartzok et                   by Quintillion’s activities may elicit a              denning season and are not likely to
                                                  al. 2003). The biological implications of               wide range of responses from polar                    affect denning polar bears.
                                                  anthropogenic masking among Pacific                     bears. Individual responses are shaped                   Increased use of onshore habitat by
                                                  walruses are unknown, but if the Pacific                by previous experiences and individual                polar bears has also led to higher
                                                  walruses’ response to masking is to                     tolerance levels. Polar bears have been               incidence of conflict with humans
                                                  leave the area, then the physiological                  observed to respond to the sights and                 (Dyck 2006; Towns et al. 2009). In two
                                                  costs are similar to those of other                     sounds of human activities, including                 studies of polar bears killed by humans
                                                  disturbances that trigger the same                      vessels, vehicles, and aircraft (e.g.,                in northern Canada, researchers found
                                                  response.                                               Watts and Ratson 1989; Dyck 2001;                     that the majority of conflicts resulting in
                                                     The most likely behaviorally                         Dyck and Baydack 2004; Andersen and                   polar bears being killed in defense of
                                                  significant responses that Quintillion’s                Aars 2005). Noise and vessel activity                 life occurred during the open-water
                                                  activities may evoke among Pacific                      may act as a deterrent or cause                       season (Stenhouse et al. 1988; Dyck
                                                  walruses include temporary cessation of                 physiological stress. Alternately, novel              2006). Thus, as more polar bears come
                                                  feeding, resting, or communicating.                     sights and sounds could attract bears in              on shore during summer, and spend
                                                  Some animals could abandon a                            search of a potential food source.                    longer periods of time on land, there is
                                                  preferred travel corridor or foraging                      Much of the available information                  an increased risk of human-bear
                                                  area. Some could abandon a haulout on                   about the responses of polar bears to                 conflict; resulting in potential for more
                                                  ice, although the proposed avoidance                    construction and industrial activity                  defense-of-life kills.
                                                  and minimization measures will reduce                   comes from PSO monitoring reports.                       Lethal take of polar bears associated
                                                  this likelihood. Effects of these types of              From 2010 through 2014, we received                   with development or industrial
                                                  mid-level responses include increased                   1,234 reports of 1,911 polar bears in                 activities is very rare. Since 1968, there
                                                  energy expenditures and stress levels.                  both on- and off-shore areas of the                   have been three documented cases of
                                                  Energetic costs are incurred from loss of               Chukchi Sea, Beaufort Sea, and in                     lethal take of polar bears associated with
                                                  forage and energy expended while                        coastal Alaska. Most of these sightings               oil and gas activities. Polar bear
                                                  travelling to another region.                           were likely repeated observations of the              interaction plans, training, and
                                                     The overall impact to the affected                   same animals. Based on these reports                  monitoring help reduce the potential for
                                                  animals depends on the duration and                     and coastal survey data, the Service                  encounters and the risks to bears and
                                                  frequency of the disturbance events and                 estimated that up to 125 individuals of               humans when encounters occur.
                                                  the ability of the affected animals to                  the SBS stock occur between Utqiagvik                 Quintillion has included such efforts in
                                                  reach and use alternate areas. All                      and the Canada border during the fall                 a marine mammal monitoring and
                                                  Quintillion’s activities within the range               period. The greatest numbers of polar                 mitigation plan (Owl Ridge 2016).
                                                  of the Pacific walruses in 2017 are                     bears are found along the coast and                      Polar bears are most likely to react to
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                                                  expected to be short-duration transient                 barrier islands from August through                   Quintillion’s activities with short-term
                                                  activities. No activities will restrict                 October. The majority of observations                 behavioral responses, such as changes
                                                  availability of or access to other nearby               were of bears walking near vessels,                   in direction of travel, discontinued
                                                  suitable foraging habitat or alternate                  development sites, or work areas.                     hunting efforts, or heightened levels of
                                                  travel routes during this project. Pacific              Offshore oil and gas facilities typically             vigilance. The effects of retreating from
                                                  walruses will, therefore, be able to                    documented the highest numbers of                     a disturbance may be minimal if the
                                                  return to normal behaviors and avoid                    polar bear sightings, followed by                     event is short and the animal is


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                                                  25314                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  otherwise unstressed. However, on a                     Impacts to Food and Habitat                           ESA. The designated critical habitat for
                                                  warm day, a short run may be enough                        The behavior of a marine mammal                    the polar bear consists of sea-ice, barrier
                                                  to overheat a well-insulated polar bear.                may be indirectly altered if human                    islands, and terrestrial denning habitat.
                                                  The effect of fleeing a vessel on young                 activities affect the availability of food            The physical and biological features
                                                  polar bear cubs would likely be the use                 or habitat. Quintillion’s 2017 program                essential to the conservation of the polar
                                                  of energy that otherwise would be                       will have short-term, localized effects               bear include: (1) Annual and perennial
                                                  needed for survival during a critical                   on Pacific walrus and polar bear habitat.             marine sea-ice that serve as a platform
                                                  time in a polar bear’s life. Significant                   Local areas of Pacific walrus habitat              for hunting, feeding, traveling, resting,
                                                  behavioral responses could also include                 will be affected along the Quintillion                and (to a limited extent) denning; and
                                                  abandonment of a seal carcass or a                      cable route during O&M work or at cable               (2) terrestrial habitats used by polar
                                                  preferred hunting area, or fleeing from                 splice sites where concrete mattresses                bears for denning and reproduction, as
                                                  land into water. Polar bears disturbed                  will be installed. Impacts to benthic and             well as for seasonal use in traveling or
                                                  while resting may exhibit more                          epibenthic invertebrates from cable                   resting. Barrier island habitat includes
                                                  substantial energy expenditures or                      removal and reburial or from placement                the barrier islands off the coast of
                                                  adverse physiological responses than
                                                                                                          of concrete mattresses will include: (1)              Alaska, their associated spits, and an
                                                  those disturbed while active (Watts et
                                                                                                          Crushing with the sea plough or ROV;                  area extending out 1.6 km (1 mi) from
                                                  al. 1991).
                                                     Open-water encounters with polar                     (2) dislodgement onto the surface where               the islands where this zone contains
                                                  bears are possible. Monitoring reports                  they may die; and (3) the settlement of               habitat that is free from human
                                                  from the oil and gas industry and from                  suspended sediment away from the                      disturbance.
                                                  Quintillion’s 2016 work reported several                trench where it may clog gills or feeding
                                                                                                                                                                   Pacific walruses and polar bears will
                                                  encounters with swimming bears. In                      structures of sessile invertebrates or
                                                                                                          smother sensitive species (BERR 2008).                likely respond to Quintillion’s short-
                                                  those instances, the bears were observed                                                                      term habitat impacts with low- to mid-
                                                  to either swim away from or approach                       Quintillion’s work will leave a lasting
                                                                                                          impact on the seafloor within the cable               level behavioral responses, such as
                                                  the vessels. Sometimes a polar bear                                                                           temporary cessation of feeding or
                                                  would swim around a stationary vessel                   corridor, but will affect only a small
                                                                                                          area of the seafloor. Recolonization of               movement to another area. Responses to
                                                  before leaving. In at least one instance                                                                      habitat impacts are likely to be similar
                                                  a polar bear approached, touched, and                   benthic communities in northern
                                                                                                          latitudes is slow and may take 10 years               to and indistinguishable from those
                                                  investigated a stationary vessel from the                                                                     caused by direct disturbances.
                                                  water before swimming away.                             or more (Conlan and Kvitek 2005;
                                                     Perhaps the most likely scenario for                 Beuchel and Gulliksen 2008). The                      Oil and Fuel Spills
                                                  Level B take is disturbance of a polar                  maximum amount of seafloor
                                                  bear during Quintillion’s ice                           disturbance is 125 km (78 mi). Trench                    Potential spills could involve fuel, oil,
                                                  management activities. During a period                  widths of 3 m (10 ft) along this length               lubricants, solvents, and other
                                                  of little ice in the late 1980s at an oil               could disturb a total area of 0.38 km2                substances used aboard the cable ships
                                                  exploration drilling site in the Beaufort               (0.15 mi2) (0.003 × 125 km = 0.375 km2).              or support vessels. An oil spill or
                                                  Sea, a large ice floe threatened the drill              This amount is an insignificant portion               unpermitted discharge is an illegal act;
                                                  rig. After the floe was moved by an                     of the total seafloor available for Pacific           IHAs do not authorize takes of marine
                                                  icebreaker, workers noticed a female                    walrus foraging. Further, none of the                 mammals caused by illegal activities. If
                                                  bear with a cub-of-the-year and a lone                  activity will occur in the HSWUA. The                 a spill did occur, the most likely impact
                                                  adult swimming nearby. It was assumed                   overall effects of cable laying on habitat            upon Pacific walruses or polar bears
                                                  these bears had abandoned the ice floe                  and food resources will be                            would be exposure to spilled oil, which
                                                  due to the activities of the icebreaker. In             inconsequential to Pacific walruses.                  may cause injury, illness, or possibly
                                                  this type of encounter, disturbance                        Vessel activities could affect food
                                                                                                                                                                death depending on degree and duration
                                                  could potentially affect the survival of                resources for polar bears. Quintillion’s
                                                                                                                                                                of exposure and the characteristics of
                                                  the cub while disturbance of the adults                 activities may impact seals by causing
                                                                                                                                                                the spilled substance. A large spill
                                                  was likely negligible.                                  underwater noise or disturbance. Seals
                                                                                                                                                                could result in a range of impacts from
                                                     Polar bears will most often respond to               may respond by abandoning habitat
                                                                                                                                                                reduced food availability to chronic
                                                  Quintillion’s activities with behaviors                 areas, such as feeding areas, haulouts,
                                                                                                          and breathing holes. Pupping lairs are a              ingestion of contaminated food. Spill
                                                  that are not biologically significant.
                                                                                                          particularly important type of habitat for            response activities, especially use of
                                                  Bears using the ice fields will
                                                  experience only short-term disturbance                  seals but are not likely to be affected               dispersants, may increase the
                                                  or displacement during passage of                       due to the timing and location of the                 cumulative impact of a spill on Pacific
                                                  project vessels past Point Barrow. Bears                proposed activities. The effects of                   walrus habitat by making oil more
                                                  travelling or resting in coastal areas and              Quintillion’s activities on seals were                bioavailable for uptake by filter feeders
                                                  barrier islands will be able to alter travel            assessed by NMFS in 2016 (81 FR                       and benthic invertebrates (e.g., Epstein
                                                  routes or find comparable undisturbed                   40274, June 21, 2016). The agency found               et al. 2000; Hansen et al. 2012).
                                                  resting areas without expending                         that no injuries or mortalities were                  However, the overall effect on the
                                                  extensive amounts of energy or                          likely, and the impacts would be limited              environment of response activities given
                                                  foregoing critical resources. Movement                  to brief startling reactions and/or                   a spill are expected to be lower than the
                                                  of displaced polar bears will be                        temporary vacating of the area.                       level of impact of the spill alone
                                                  temporary and localized compared to                     Therefore, the Service does not expect                (USFWS 2015b). The effects of a spill
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                                                  the overall movement patterns of polar                  the availability of seals as a food source            event would depend on the amount,
                                                  bears. Most bears will be able to tolerate              for polar bears to be significantly                   substance, and specific circumstances of
                                                  short-term disturbance without                          changed due to Quintillion’s activities               the spill, but small spills, such as could
                                                  consequence. Behavioral responses of                    in 2017.                                              occur in connection with the activities
                                                  polar bears to project activities are not                  No long-term impacts to polar bear                 proposed by Quintillion, are unlikely to
                                                  likely to affect the health or survival of              habitat are expected, including to the                have negative impacts on Pacific
                                                  any individual animal.                                  critical habitat designated under the                 walruses or polar bears.


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                            25315

                                                  Estimated Incidental Take                               animals that are likely to be exposed to              estimate of 0.04 per km2 (0.1 per mi2)
                                                     Although we cannot predict the                       broadband noise levels above 160 dB                   is used to calculate Level B take.
                                                                                                          along the cable route, during O&M                        The number of Pacific walruses
                                                  outcome of each encounter, it is
                                                                                                          work, and during ice management. The                  potentially exposed to acoustic
                                                  possible to consider the most likely
                                                                                                          area of the 160-dB ensonification zone                harassment by the Quintillion cable
                                                  reactions, given observed responses of
                                                                                                          is assumed to include 125 km (78 mi)                  project was then estimated by
                                                  marine mammals to various stimuli. In
                                                                                                          of the cable route during O&M work in                 multiplying the density by the total area
                                                  general, the response of Pacific walruses
                                                                                                          the Chukchi Sea and 50 km (31 mi) of                  that would be ensonified by noise
                                                  and polar bears to vessel activities at sea
                                                                                                          the transit route during ice management,              greater than 160 dB. This calculation
                                                  is related to the distance between the
                                                                                                          for a total of 175 km (109 mi). It is not             results in an estimate of 1 Pacific walrus
                                                  vessel or activity and the animal. The
                                                                                                          possible to know how much retrieval                   (0.04 × 14 ≈ 0.6) thereby demonstrating
                                                  proposed action will include measures
                                                                                                          and reburial of cable (O&M activity) will             that take by acoustic harassment is not
                                                  to allow animals to detect the vessels at                                                                     likely to affect a large number of Pacific
                                                                                                          be necessary, but Quintillion has
                                                  greater distances (e.g., by maintaining                                                                       walruses.
                                                                                                          projected these distances based on
                                                  slow speeds) in order to prevent                                                                                 Quintillion’s activities are more likely
                                                                                                          maximum estimates from work on other
                                                  extreme behavioral reactions. Measures                                                                        to cause Level B take associated with
                                                                                                          cable projects plus a buffer for
                                                  include minimizing probability of                                                                             behavioral responses than acoustic
                                                                                                          unpredictable issues in an Arctic
                                                  encounters by avoiding terrestrial                                                                            harassment. As with acoustic
                                                                                                          environment.
                                                  haulouts and maintaining slow travel                       The radius of the 160-dB                           harassment, the numbers affected will
                                                  speeds when marine mammals are                          ensonification area was estimated by                  be determined by the distribution of
                                                  detected. Acoustic ensonification zones                 assuming that all O&M work and ice                    animals and their location in proximity
                                                  will be monitored by PSOs during cable                  management will produce the maximum                   to the project work. The seasonal
                                                  laying, O&M work, and ice management                    noise levels estimated for Quintillion’s              distribution of Pacific walruses in the
                                                  to avoid marine mammals and to reduce                   fleet, regardless of the specific vessel in           project area is directly associated with
                                                  noise levels when possible (vessels                     use or activity being conducted. The                  the distribution and extent of broken
                                                  cannot alter speed or course during                     maximum level reported in                             pack ice (Fay et al. 1984, Garlich-Miller
                                                  active cable laying). During pre- and                   Quintillion’s IHA application                         et al. 2011, Aerts et al. 2014). During
                                                  post-cable-laying activities, vessels will              (OwlRidge 2016) was 188 dB produced                   years with high levels of sea-ice, most
                                                  maintain at least a 0.8-km (0.5-mi)                     by the propulsion systems of an ocean                 Pacific walrus are expected to remain
                                                  distance from feeding Pacific walruses                  tug, the Tor Viking II, during ice                    over the Chukchi Sea shelf and feed at
                                                  or polar bears on land or ice. These                    management. The maximum source                        areas like HSWUA. During low ice
                                                  measures are expected to reduce the                     level of 188 dB was then used in a                    years, the ice edge moves north over the
                                                  intensity of disturbance events and to                  spreading loss model with transmission                Arctic Basin where waters are too deep
                                                  minimize the potential for injuries to                  loss of 17.36 Log R, as described in                  to forage. The animals leave the ice and
                                                  animals.                                                Acoustic Sources, resulting in a 160-dB               haul out on beaches (such as near Point
                                                  Take Calculations for Pacific Walruses                  ensonification zone with a radius of 41               Lay), where they rest between offshore
                                                                                                          m (135 ft) from the vessel. The total                 foraging trips until the pack ice returns.
                                                    The Service anticipates that                          ensonified area was calculated by                     Relative to the Quintillion cable laying,
                                                  incidental take of Pacific walruses may                 multiplying the project length (175 km                if 2017 is a high ice year, few Pacific
                                                  occur during Quintillion’s cable-laying                 (109 mi)) by the width (2 × 41 = 82 m                 walruses are expected to be encountered
                                                  project. Noise, vessels, and human                      (269 ft)) to be about 14 km2 (5.5 mi2) in             during O&M work, as most of them will
                                                  activities could temporarily interrupt                  total area (0.082 × 175 km = 14.34 km2).              remain with the pack ice to the north or
                                                  feeding, resting, and movement                             The Vos Thalia may replace the Tor                 northwest of the cable route. Encounters
                                                  patterns. The elevated underwater noise                 Viking II during Quintillion’s work.                  could occur if isolated ice floes
                                                  levels may cause short-term, nonlethal,                 During SSV, both the Vos Thalia and                   supporting Pacific walruses were to
                                                  but biologically significant changes in                 the Ile de Brehat produced lower                      blow back southward during storm
                                                  behavior that the Service considers to be               maximum sound levels than did the Tor                 events. There is also a possibility of
                                                  Level B harassment. Quintillion’s O&M                   Viking II. The estimation of                          disturbing hauled out animals among
                                                  work includes use of a submersible ROV                  ensonification area may, therefore,                   persistent ice around Point Barrow
                                                  and placement of concrete mattresses on                 represent an overestimate, but it allows              when Quintillion is creating a path
                                                  the seafloor. These activities may have                 a degree of flexibility in the vessel used            through broken ice in order for the Ile
                                                  similar effects and could cause                         and does not result in a substantial                  de Batz to access the Oliktok branch
                                                  behavioral disturbance leading to take.                 difference in estimates of Level B take.              route. During light ice years, Pacific
                                                    Quintillion’s operations will generate                   The number of Pacific walruses in the              walruses are less likely to be
                                                  noise within frequencies audible to                     total ensonified area was then estimated              encountered near Point Barrow and
                                                  Pacific walruses. The expected noise                    using the best available density                      more likely to intercept cable-laying
                                                  levels will not exceed the traditional                  estimates. Aerts et al. (2014) conducted              activities while moving between the
                                                  190-dB threshold indicative of Level A                  shipboard surveys for marine mammals                  pack ice and terrestrial haulouts.
                                                  harassment for non-impulse sounds, nor                  in the Chukchi Sea from 2008 through                  Independent of the extent of seasonal
                                                  will they exceed frequency-weighted                     2013. Their highest recorded summer                   ice, Quintillion’s vessels could also
                                                  injury thresholds recently released by                  densities were in the low-ice years of                encounter animals migrating southward
                                                  NMFS (2016) for cumulative sound                        2009 and 2013 (0.04 per km2 (0.1 per                  though the Bering Strait in November.
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                                                  exposure. Therefore, there is no 190-dB                 mi2)). During the heavy-ice years of                     It is impossible to accurately predict
                                                  mitigation zone from the proposed                       2008 and 2012, densities were 0.001 and               the total number of Pacific walruses that
                                                  activities, and no project activities are               0.006 per km2 (0.003 and 0.02 per mi2),               may be encountered due to the
                                                  expected to result in take by Level A                   respectively. Given the continuing trend              substantial uncertainty in the work that
                                                  harassment.                                             for light summer ice conditions, it is                will be necessary and the unknown ice
                                                    Level B take by acoustic harassment                   assumed that 2017 will be similar to                  conditions, but in 2016, Quintillion’s
                                                  was estimated based on the number of                    2013. Therefore, the 2013 density                     PSOs observed 1,199 Pacific walruses in


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                                                  25316                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  62 groups. The largest group had                        causing harm. Animals in the area are                 significant impacts to Pacific walruses
                                                  approximately 500 animals. For                          not expected to incur hearing                         are expected.
                                                  comparison, during marine mammal                        impairment (i.e., PTS) or non-auditory
                                                                                                                                                                Take Calculations for Polar Bears
                                                  observations made for offshore oil and                  physiological effects, but could
                                                  gas activities conducted by Shell Oil                   experience TTS due to prolonged                          Quintillion’s 2017 activities have the
                                                  Company (Shell) in the Chukchi Sea in                   exposure to underwater sound. Level A                 potential to cause Level B take due to
                                                  2015, PSOs recorded 500 sightings of                    harassment is not authorized. Pacific                 harassment of polar bears. Polar bears
                                                  1,397 individual Pacific walruses                       walruses exposed to sound produced by                 are most likely to be observed during
                                                  (Ireland and Bisson 2016). The average                  the project are likely to respond to                  cable-laying activities along the Oliktok
                                                  number per observation was only 1.5,                    proposed activities with temporary                    branch route. The Oliktok branch passes
                                                  but on several occasions, groups of more                behavioral modification or                            through a chain of barrier islands that
                                                  than 100 animals were observed with a                   displacement. With the adoption of the                parallels the coast. This region is often
                                                  maximum group size of 243 animals.                      mitigation measures required by this                  inhabited by polar bears in summer and
                                                  Quintillion’s work will move through                    proposed IHA, we conclude that the                    fall. Quintillions PSOs observed polar
                                                  the range of the Pacific walrus more                    only anticipated effects from noise                   bears at these locations in 2016,
                                                  quickly in 2017 than in 2016 and the                    generated by the proposed action would                although usually at long distances.
                                                  work season will be shorter than that of                be short-term temporary behavioral                       Polar bears are widely distributed
                                                  Shell’s in 2015. In general, summer                     alterations of small numbers of Pacific               among sea-ice and may be encountered
                                                  densities in the project area are                       walruses.                                             during ice management operations near
                                                  unpredictable, and distributions                                                                              Point Barrow. Ice management activities
                                                                                                             Vessel-based activities could
                                                  clumpy, but it is reasonable to expect                                                                        will involve maneuvering broken ice
                                                                                                          temporarily interrupt the feeding,
                                                  that 500 or more Pacific walruses may                                                                         with a tug. Quintillion’s PSOs will
                                                                                                          resting, and movement of Pacific
                                                  be encountered.                                                                                               monitor for marine mammals; ice
                                                                                                          walruses. Ice management activities
                                                     Most of the Pacific walruses                                                                               management will not occur if polar
                                                                                                          could cause animals to abandon                        bears are observed in the area. Observers
                                                  encountered will show no response or                    haulouts on ice. Because offshore
                                                  only a low-level behavioral response.                                                                         are not always capable of detecting
                                                                                                          activities are expected to move                       every animal and ice management work
                                                  Quintillion’s avoidance and                             relatively quickly, impacts associated
                                                  minimization measures will reduce the                                                                         could, therefore, disturb polar bears
                                                                                                          with the project are likely to be                     among sea-ice.
                                                  likelihood of more significant                          temporary and localized. The
                                                  disruptions of normal behaviors, but                                                                             There is a low probability of
                                                                                                          anticipated effects include short-term                encounters while Quintillion is
                                                  despite these measures, some animals                    behavioral reactions and displacement
                                                  may show more acute responses,                                                                                conducting proposed O&M activities in
                                                                                                          of small numbers of Pacific walruses in               the Chukchi Sea. Quintillion’s vessels
                                                  particularly if encountered at closer
                                                                                                          the vicinity of active operations.                    will operate there during the open-water
                                                  range or disturbed while resting on ice.
                                                                                                             Areas affected by the proposed action              period, and will avoid sea-ice for safety
                                                  During 2016, Quintillion PSOs reported
                                                  six encounters involving eight                          will be small compared to the regular                 reasons. Encounters with polar bears
                                                  individuals within 50 m (31 ft) of the                  movement patterns of the population,                  swimming in open water are
                                                  vessels. Eight groups comprising 183                    indicating that animals will be capable               uncommon. In 2016, Quintillion PSOs
                                                  total animals were observed hauled out                  of retreating from or avoiding the                    observed one bear swimming at sea.
                                                  on ice floes; the largest group had 70                  affected areas. Animals that encounter                   Quintillion’s 2017 activities could
                                                  animals. Encounters among ice could                     the proposed activities may exert more                encounter polar bears from either the CS
                                                  cause animals to leave ice-based                        energy than they would otherwise due                  or the SBS stock. Polar bears
                                                  haulouts, resulting in a disruption of                  to temporary cessation of feeding,                    encountered near Oliktok Point are most
                                                  important resting, nursing, and social                  increased vigilance, and retreat from the             likely to be from the SBS stock. Those
                                                  behaviors. Given the possibility that any               project area, but we expect they would                observed in the Chukchi Sea or near
                                                  encounter involving Pacific walruses                    tolerate this exertion without                        Wainwright, Point Hope, Kotzebue, or
                                                  might involve large groups, and that                    measurable effects on health or                       Nome are probably from the CS stock.
                                                  work may occur near ice, Quintillion                    reproduction. Adoption of the measures                Bears near Utqiagvik may be from either
                                                  requested take of up to 250 Pacific                     specified in Mitigation and Monitoring                population.
                                                  walruses by Level B harassment based                    are expected to reduce the intensity of                  The expected number of takes was
                                                  on the maximum estimated size of                        disturbance events and minimize the                   calculated by assuming a similar
                                                  haulouts on sea-ice.                                    potential for injuries to animals. In sum,            number of bears would be encountered
                                                                                                          we do not anticipate injuries or                      in 2017 as in 2016, and further
                                                  Potential Impacts on the Pacific Walrus                 mortalities to occur as a result of                   assuming that any encounter could
                                                  Stock                                                   Quintillion’s subsea cable-laying                     result in take. In 2016, Quintillion’s
                                                    Although 250 Pacific walruses                         operation, and none will be authorized.               PSOs reported 12 observations of 18
                                                  (approximately 0.2 percent of the                       The takes that are anticipated would be               bears between 5 m–4.6 km (16 ft–2.9 mi)
                                                  population) could potentially be taken                  from short-term Level B harassment in                 from the vessels. Quintillion has,
                                                  by Level B harassment due to the                        the form of brief startling reactions or              therefore, requested take of 20 polar
                                                  possibility of significant behavioral                   temporary displacement.                               bears, 10 each from the SBS and CS
                                                  responses, most events are unlikely to                     The estimated level of take by                     stock. This calculation represents a
                                                  have consequences for the health,                       harassment is small relative to the most              conservative approach to take
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                                                  reproduction, or survival of affected                   recent stock abundance estimate for the               estimation and it is likely to be an
                                                  animals.                                                Pacific walrus. A take level of 250                   overestimate of the actual level of take.
                                                    Disturbance from noise is most likely                 represents 0.2 percent of the best                    Of the 18 polar bears observed in 2016,
                                                  to be caused by propeller cavitation and                available estimate of the current                     2 bears changed their direction of travel
                                                  thruster noise during cable laying and                  population size of 129,000 animals                    to avoid the activities; others had no
                                                  ice management. Sound production is                     (Speckman et al. 2011) (250/129,000 ≈                 apparent response to Quintillion’s
                                                  not expected to reach levels capable of                 0.002). No long-term biologically                     vessels. Based on observation data from


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                          25317

                                                  the oil and gas industry, 81 percent of                 are also an important staple for the                  present in winter and spring. Pacific
                                                  encounters result in instances of non-                  community of Wainwright, where a                      walruses are harvested from drifting ice
                                                  taking. Therefore, the probable level of                reported 27 Pacific walruses were taken               floes near Wainwright and Utqiagvik
                                                  take is much lower than that requested.                 annually from 2007 through 2016. The                  during July and August (Bacon et al.
                                                                                                          village of Diomede (population of                     2009). Utqiagvik harvests polar bears
                                                  Potential Impacts on the Stock of Polar
                                                                                                          approximately 115) reported harvest of                throughout the year. Quintillion will not
                                                  Bears
                                                                                                          an average of 21 Pacific walruses per                 be operating near Wainwright when
                                                     Take of ten bears from the CS stock                  year during that period. The villages of              seasonal sea-ice is present. Thus, the
                                                  represents approximately 0.5 percent of                 Point Hope (population approximately                  cable-laying project is not expected to
                                                  the estimated population size (10 ÷                     699) and Wales (population                            affect the Pacific walrus or polar bear
                                                  approximately 2,000 = 0.005). Ten bears                 approximately 145), both reported an                  hunt in Wainwright. Quintillion will
                                                  from the SBS stock is approximately 1                   average of 5–6 Pacific walruses taken                 coordinate with Utqiagvik hunters and
                                                  percent (10 ÷ 900 = 0.011) of that stock.               each year. Nome (population                           employ PSOs to watch for Pacific
                                                  Most bears will show little if any                      approximately 4,000) reported harvest                 walruses and polar bears in order to
                                                  response, but some may be harassed by                   of 9 Pacific walruses per year, and                   avoid conflicts during ice management
                                                  Quintillion’s work, particularly during                 Utqiagvik (population approximately                   or O&M activities near Point Barrow.
                                                  encounters at close range.                              4,000), harvested 15 Pacific walruses                    Pacific walruses and polar bears from
                                                     The majority of encounters that cause                per year from 2007 through 2016.                      the CS stock are usually taken from sea-
                                                  polar bears to react are not expected to                Estimates of harvest by village have not              ice in winter and spring. As mentioned,
                                                  have long-term consequences for the                     been corrected for struck and lost                    Quintillion will not operate among sea-
                                                  affected animals. Although flight                       animals or underreporting.                            ice in the Chukchi Sea. Therefore, the
                                                  responses, abandonment of feeding                          The total reported Alaska Native                   proposed project timetables relative to
                                                  areas, or other mid-level responses have                harvest of polar bears from 1990 through              the seasonal timing of the various
                                                  the potential to reduce the long-term                   2013 was 1,576 bears. Harvest levels                  village harvest periods will minimize
                                                  survival or reproductive capacity of an                 varied considerably during this period,               the impacts to subsistence hunting.
                                                  individual, most of the animals that                    ranging from 16 to 107 bears, but the                 However, polar bears from the SBS
                                                  show these types of responses will be                   average was 65 polar bears per year.                  stock may be harvested at any time of
                                                  able to tolerate them without                           Harvest rates are declining by about 3                year. Quintillion will work closely with
                                                  consequences to survival and fitness.                   percent per year, and the average annual              the affected villages and the Eskimo
                                                     We expect Quintillion’s activities to                harvest from 2004 through 2013 was                    Walrus Commission (EWC) to minimize
                                                  have no impacts to the SBS or CS stocks                 closer to 50 polar bears. Within the                  effects the project might have on
                                                  of polar bears for the following reasons:               project area, the villages of Utqiagvik,              subsistence harvest.
                                                  (1) The majority of the polar bears from                Nome, Point Hope, Point Lay, Kivalina,
                                                                                                                                                                Mitigation and Monitoring
                                                  each stock will not come in contact with                Kotzebue, Nuiqsut, Shishmaref,
                                                  Quintillion’s activities; (2) only small                Wainwright, and Wales regularly                         Quintillion has adopted a marine
                                                  numbers of Level B take will occur; (3)                 harvested polar bears. Of these,                      mammal monitoring and mitigation
                                                  take events are unlikely to have                        Utqiagvik, Point Hope, and Wainwright                 plan (4MP) that describes the avoidance
                                                  significant consequences for most polar                 harvested the greatest numbers,                       and minimization measures. The plan
                                                  bears; and (4) the monitoring                           averaging 16, 12, and 6 polar bears per               describes measures to avoid interactions
                                                  requirements and mitigation measures                    year, respectively, during 1990 through               with Pacific walruses and polar bears
                                                  described in Mitigation and Monitoring                  2014. Diomede, Savoonga, and Gambell                  wherever possible, especially in habitat
                                                  will further reduce potential impacts.                  harvested an annual average of 5, 6, and              areas of significance. The PSOs will be
                                                                                                          7 animals each. No project work will                  employed to watch for marine mammals
                                                  Potential Impacts on Subsistence Uses                                                                         and to initiate adaptive measures in
                                                                                                          occur near St. Lawrence Island and
                                                    The proposed activities will occur                    Little Diomede Island, but project                    response to the presence of Pacific
                                                  near the marine subsistence harvest                     vessels may pass nearby.                              walruses or polar bears. A Plan of
                                                  areas used by Alaska Natives from the                      In only a few locations could the                  Cooperation (POC) has also been
                                                  villages of Nome, Wales, Diomede,                       proposed project area significantly                   developed and will be implemented to
                                                  Kotzebue, Kivalina, Point Hope, Point                   overlap with subsistence harvest areas.               facilitate coordination with subsistence
                                                  Lay, Wainwright, Utqiagvik, and                         These locations include the portion of                users. Work will be scheduled to
                                                  Nuiqsut.                                                the route passing between the villages of             minimize activities in hunting areas
                                                    Between 1989 and 2016,                                Diomede and Wales, the branching line                 during subsistence harvest periods.
                                                  approximately 3,126 Pacific walruses                    into Wainwright, and the branching line               Quintillion will communicate closely
                                                  were harvested annually in Alaska. The                  and ice management areas near Point                   with the EWC and the villages to ensure
                                                  years 2013–2016 were low harvest years                  Barrow (i.e., near Utqiagvik).                        subsistence harvest is not disrupted.
                                                  with an average of 1,433 Pacific                        Quintillion’s vessels are not expected to             These documents are available for
                                                  walruses per year. Lower harvest rates                  affect subsistence harvest near Diomede               public review as specified in
                                                  in recent years may be related to                       because polar bears and Pacific walruses              ADDRESSES.
                                                  changes in sea-ice dynamics (Ray et al.                 hunted there are usually taken from sea-
                                                  2016). Statewide harvest estimates are                  ice and Quintillion’s vessels will not                Avoidance
                                                  adjusted for underreporting and for                     travel through areas of sea-ice in the                  For the proposed Quintillion subsea
                                                  animals that are struck and lost.                       Chukchi Sea.                                          cable-laying operations, the primary
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                                                    Most of the Pacific walrus harvest (85                   The cable route passes within 30 km                means of minimizing potential
                                                  percent) was by the villages of Gambell                 (19 mi) of both Wainwright and                        consequences for Pacific walruses, polar
                                                  and Savoonga on St. Lawrence Island,                    Utqiagvik, and branching lines go                     bears, and subsistence users is routing
                                                  located 135 km (84 mi) south of the                     directly to both villages. Ice                        the cable to avoid concentration areas
                                                  geographic region of the Quintillion                    management is possible near Point                     and important habitat. Most of the main
                                                  cable project. Relative to the village                  Barrow in July. Wainwright hunters                    trunk line is 30–150 km (19–93 mi)
                                                  population size (556), Pacific walruses                 usually take polar bears when sea-ice is              offshore, thereby avoiding nearshore


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                                                  25318                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  Pacific walrus concentrations and                       (i.e., PTS). In most cases, animals will              will range from 1.7 to 5.4 km (1.0–3.4
                                                  terrestrial haulouts. No work will be                   also be able to retreat from the vessels              mi) from the vessels.
                                                  done near Point Lay, where large                        without experiencing Level B take from                   Each vessel will have an experienced
                                                  haulouts may seasonally occur, or near                  either sound exposure (i.e., TTS) or                  field crew leader to supervise the PSO
                                                  the HSWUA, where Pacific walrus                         biologically significant behavioral                   team and will consist of individuals
                                                  feeding aggregations may occur. The                     responses.                                            with prior experience as marine
                                                  timing of activities allows the project to                                                                    mammal monitoring observers,
                                                                                                          Vessel-Based Protected Species                        including experience specific to Pacific
                                                  avoid impacts to polar bear dens.
                                                     Where cable end branches will come                   Observers (PSOs)                                      walruses and polar bears. New or
                                                  ashore, landings will be conducted at                     Quintillion has proposed to employ                  inexperienced PSOs will be paired with
                                                  right angles to the coastline and                       vessel-based PSOs to watch for and                    an experienced PSO so that the quality
                                                  immediately adjacent to the respective                  identify marine mammals, to record                    of marine mammal observations and
                                                  village (except at Oliktok Point where                  their numbers, locations, distances, and              data recording is kept consistent.
                                                  no village exists) to avoid Pacific walrus              reactions to the operations, and to                   Resumes for candidate PSOs will be
                                                  haulouts and minimize activities near                   implement appropriate adaptive                        made available for the Service to review.
                                                  barrier islands and coastal areas that                  measures. Observers will monitor                      All observers will have completed a
                                                  provide habitat for polar bears that is                 whenever the activities of the Ile de Batz            training course designed to familiarize
                                                  free from disturbance.                                  are expected to produce sound above                   individuals with monitoring and data
                                                     The proposed action will not occur                   120 dB. This activity will include transit            collection procedures. The PSOs will be
                                                  north of the Bering Strait until July 1,                to and from work sites, ice management,               provided with Fujinon 7 × 50 or
                                                  which will allow Pacific walruses the                   pre-trenching, cable laying, and O&M                  equivalent binoculars. Laser range
                                                  opportunity to disperse from the                        work (including use of the ROV and                    finders (Leica LRF 1200 or equivalent)
                                                  confines of the spring lead system and                  placement of concrete mattresses). The                will be available to assist with distance
                                                  minimize interactions with subsistence                  vigilance of PSOs will help minimize                  estimation.
                                                  hunters. Quintillion’s O&M and cable-                   encounters with Pacific walruses and                     All location, weather, and marine
                                                  laying work must avoid sea-ice for                      polar bears when the possibility of                   mammal observation data will be
                                                  safety reasons. In doing so, Quintillion                encounters cannot be avoided outright.                recorded onto a standard field form or
                                                  will avoid ice habitat used by Pacific                  This oversight is especially important in             database. Global positioning system and
                                                  walruses and polar bears. The only                      habitat areas of significance for these               weather data will be collected at the
                                                  region where sea-ice may be                             species, including the barrier islands                beginning and end of a monitoring
                                                  encountered will be north of Point                      and nearshore coastal habitats used by                period and at every 30 minutes in
                                                  Barrow. Quintillion may use a tug to                    polar bears for refuge from disturbance,              between. Position data will also be
                                                  maneuver broken ice away from the                       and among the marginal sea-ice, used by               recorded at the change of an observer or
                                                  cable-laying vessel in order to transit                 both species for hunting and foraging.                the sighting of a Pacific walrus or polar
                                                  through the region if needed after July                   Observers will conduct this                         bear. Enough position data will be
                                                  1. Quintillion has determined that if                   monitoring during all daylight periods                collected to map an accurate charting of
                                                  early-season access is possible and ice                 of operation throughout the work                      vessel travel. Observations of Pacific
                                                  management can be done safely, it                       season. A sufficient number of trained                walruses and polar bears will also
                                                  would not be practicable for the project                PSOs will be required onboard each                    include group size and composition
                                                  to delay work by waiting for the sea ice                vessel to achieve 100 percent                         (adults/juveniles), behavior, distance
                                                  to disperse. Early season access to the                 monitoring coverage of these periods                  from vessel, presence in any applicable
                                                  Beaufort Sea will help to complete the                  with a maximum of 4 consecutive hours                 ensonification zone, and any apparent
                                                  project prior to the end of the season                  on watch and a maximum of 12 hours                    reactions to the project activities. Data
                                                  and will reduce potential for conflict                  of watch time per day per PSO.                        forms or database entries will be made
                                                  with the fall subsistence harvest of                    Nighttime observations will be made                   available to the Service upon request.
                                                  bowhead whales.                                         opportunistically using night-vision
                                                     Vessels will be operated at slow                     equipment. Quintillion has determined                 Acoustic Monitoring
                                                  speeds to avoid injuries and                            that monitoring by PSOs is not feasible                 Sound source verification was
                                                  disturbances. Collisions between vessels                during use of the construction barge, the             conducted in 2016 for Quintillion’s
                                                  and marine mammals are rare in waters                   pontoon barge, or the small river tug                 vessels and activities. The noise levels
                                                  of Alaska, and when they do occur, they                 due to the limited space aboard these                 are expected to be similar in 2017. No
                                                  usually involve fast-moving vessels.                    vessels. Encounters with Pacific                      additional SSV is planned.
                                                  Observers will monitor for marine                       walruses are not a concern for these                    Pacific walruses may be exposed to
                                                  mammals and apply speed restrictions,                   vessels because they will not operate in              underwater sound levels capable of
                                                  alter course, or reduce sound                           suitable habitat areas. However, polar                causing take by Level B harassment.
                                                  production whenever possible when                       bears may be present. The vessel crews                Sound pressure levels greater than 180
                                                  animals are present. Ships will not be                  will remain vigilant for polar bears and              dB could cause temporary shifts in
                                                  able to alter course or speed to avoid                  will implement all relevant measures                  hearing thresholds. Repeated or
                                                  marine mammals during cable laying,                     specified in the 4MP if a polar bear is               continuous exposure to sound levels
                                                  but this work will be conducted at slow                 observed.                                             between 160 and 180 dB may also result
                                                  speeds (0.6 km/h (0.37 mi/h or 0.32 kn))                  Observers will monitor all areas                    in TTS, although this result is unlikely
                                                  and constant sound production levels.                   around project vessels to the outer                   for most Pacific walruses. Exposures
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                                                  This activity will provide ample                        radius of the 120-dB ensonification                   above 160 dB are more likely to elicit
                                                  warning, allowing Pacific walruses and                  zone. Specific distances monitored will               behavioral responses. For this reason,
                                                  polar bears to avoid the vessels before                 depend on the activity being conducted.               observers will monitor the 120-dB
                                                  they are close enough to cause harm.                    Greater distances will be monitored                   ensonification zone for the presence of
                                                  Maximum underwater sound levels                         during louder activities, including use               approaching Pacific walruses. The 160-
                                                  produced by project activities will not                 of the sea plow and use of dynamic                    dB zone (inclusive of the 180-dB zone)
                                                  be loud enough to cause hearing damage                  positioning thrusters. Monitoring zones               will be monitored for animals that may


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                           25319

                                                  be exposed to high levels of sound. The                 haulouts, injured animals, and animals                mammals by: (1) Notifying the Service
                                                  radius of these zones will depend on the                in acute distress.                                    at least 48 hours prior to
                                                  activity being conducted. Observers will                                                                      commencement of activities; (2)
                                                                                                          Measures To Reduce Impacts to
                                                  also record the distance from the                                                                             reporting immediately but no later than
                                                                                                          Subsistence Users
                                                  animals upon initial observation, the                                                                         48 hours, any occurrence of injury or
                                                  duration of the encounter, and the                         Holders of an IHA must cooperate                   mortality due to project activities; (3)
                                                  distance at last observation in order to                with the Service and other designated                 submitting project reports; and (4)
                                                  monitor cumulative sound exposures.                     Federal, State, and local agencies to                 notifying the Service upon project
                                                  Observers will note any instances of                    monitor the impacts of proposed                       completion or at the end of the work
                                                  animals lingering close to or traveling                 activities on marine mammals and                      season.
                                                  with vessels for prolonged periods of                   subsistence users. Quintillion has                       Weekly reports will be submitted to
                                                  time.                                                   coordinated with the Service, NMFS,                   the Service each Thursday during the
                                                                                                          and the Army Corps of Engineers, along                weeks that cable-laying activities take
                                                  Adaptive Measures                                       with communities and subsistence                      place. The reports will summarize
                                                     When the cable ships are traveling in                harvest organizations. Specifically,                  project activities, monitoring efforts
                                                  Alaska waters to and from the project                   Quintillion has coordinated with EWC,                 conducted by PSOs, numbers of Pacific
                                                  area (before and after completion of                    Utqiagvik Whaling Captains Association                walruses and polar bears detected, the
                                                  cable laying and O&M work) and during                   members and board, the Community of                   number of Pacific walruses exposed to
                                                  all travel by support vessels, operators                Wainwright, Wainwright Whaling                        sound levels greater than 160 dB, and
                                                  will follow these measures:                             Captains, Point Hope Community,                       all behavioral reactions of Pacific
                                                     • Avoid potential interactions with                  Tikigaq Whaling Captains, the                         walruses and polar bears to project
                                                  any and all Pacific walruses and polar                  Northwest Arctic Borough, Kotzebue                    activities.
                                                  bears by reducing speed to less than 9.4                City Management, the Community of                        A final report will be submitted to the
                                                  km/h (5.8 mi/h or 5 kn), altering course,               Kotzebue, Maniilaq Association,                       Service within 90 days after the end of
                                                  or reducing sound production when                       Kawerak Incorporated, the Nome                        the project or the end of the open-water
                                                  animals are observed within 0.8 km (0.5                 Community, and Kuukpik Corporation.                   season, whichever comes first. The final
                                                  mi). Achieve changes in speed or course                    Communications will continue                       report will describe all monitoring
                                                  gradually to avoid abrupt maneuvers                     throughout the project through public                 conducted during Quintillion’s
                                                  whenever possible.                                      service announcements on KBRW and                     activities and provide results. The
                                                     • Do not approach Pacific walruses or                KOTZ radio stations, messaging on the                 report will include the following:
                                                  polar bears within 0.8 km (0.5 mi).                     Alaska Rural Communications Service                      • Summary of monitoring effort (total
                                                     • Reduce speed to less than 9.4                      television network, local newspapers,                 hours of monitoring, activities
                                                  km/h (5.8 mi/h or 5 kn) when visibility                 and 1–800 comment lines. At the end of                monitored, number of PSOs).
                                                  drops (such as during inclement                         the work season Quintillion will                         • Summary of project activities
                                                  weather, rough seas, or at night) to allow              conduct community meetings at the                     completed and additional work yet to be
                                                  marine mammals to avoid project                         affected villages to discuss and                      done.
                                                  vessels (during cable laying, the normal                summarize project completion. In                         • Analyses of the factors influencing
                                                  vessel speed is less than 9.4 km/h (5.8                 coordination with these agencies and                  visibility and detectability of Pacific
                                                  mi/h or 5 kn)).                                         organizations, Quintillion has agreed to              walruses and polar bears (e.g., sea state,
                                                     • Avoid sea-ice used by Pacific                      the following actions to minimize                     number of observers, and fog/glare).
                                                  walruses or polar bears. Observers will                 effects on subsistence harvest by Alaska                 • Discussion of location, weather, ice
                                                  monitor all project activities before                   Native communities:                                   cover, sea state, and other factors
                                                  commencing ice management and                              • Schedule cable-laying operations to              affecting the presence and distribution
                                                  continuously during ice management. If                  avoid conflict with subsistence harvest.              of Pacific walruses and polar bears.
                                                  Pacific walruses or polar bears are                        • Where faults are found, schedule                    • Number, location, distance/
                                                  detected anywhere along the transit                     O&M work around local subsistence                     direction from the vessel, and initial
                                                  route, ice management will not                          activity.                                             behavior of any sighted Pacific walruses
                                                  commence. If animals are detected                          • Plan routes in offshore waters away              and polar bears upon detection.
                                                  while vessels are underway, all project                 from nearshore subsistence harvest                       • Dates, times, locations, heading,
                                                  activities will cease or be reduced to the              areas.                                                speed, weather, and sea conditions
                                                  minimum level necessary to maintain                        • Develop and implement a POC to                   (including sea state and wind force), as
                                                  safety of the vessels and crew. Forward                 coordinate communication.                             well as description of the specific
                                                  progress can resume after the animals                      • Participate in the Automatic                     activity occurring at the time of the
                                                  have departed of their own accord to a                  Identification System for vessel tracking             observation.
                                                  distance of at least 1.6 km (1 mi) from                 to allow the cable-laying fleet to be                    • Estimated distance from the animal
                                                  the vessels and route.                                  located in real time.                                 or group at closest approach and at the
                                                     • Do not operate vessels in such a                      • Monitor local marine radio                       end of the encounter.
                                                  way as to separate members of a group                   channels for communication with local                    • Duration of encounter.
                                                  of Pacific walruses or polar bears from                 vessel traffic.                                          • An estimate of the number of
                                                  other members of the group.                                • Distribute a daily report by email to            Pacific walruses that have been exposed
                                                     • If Pacific walruses are observed on                all interested parties. Daily reports will            to noise (based on visual observation) at
                                                  land, ensure that vessels maintain a 1.6-               include vessel activity, location,                    received levels greater than or equal to
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                                                  km (1-mi) separation distance.                          subsistence/local information, and any                160 dB with a description of the
                                                     • Report any behavioral response                     potential hazards.                                    responses (changes in behavior).
                                                  indicating more than Level B take due                                                                            • Estimates of uncertainty in all take
                                                  to project activities to the Service                    Reporting Requirements                                estimates, with uncertainty expressed
                                                  immediately but not later than 48 hours                   Holders of an IHA must keep the                     by the presentation of confidence limits,
                                                  after the incident, including separation                Service informed of the impacts of                    a minimum-maximum, posterior
                                                  of mother from young, stampeding                        authorized activities on marine                       probability distribution, or another


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                                                  25320                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  applicable method, with the exact                       scavenger damage), Quintillion must                   require a specific type of numerical
                                                  approach to be selected based on the                    report the incident to the Service within             analysis, leaving the determination of
                                                  sampling method and data available.                     48 hours of the discovery. Quintillion                ‘‘small’’ to the agency’s discretion. In
                                                    • A description of the mitigation                     will provide photographs or video                     this case, we propose a finding that the
                                                  measures implemented during project                     footage (if available) or other                       Quintillion project may take up to 250
                                                  activities and their effectiveness for                  documentation to the Service.                         Pacific walruses and 20 polar bears by
                                                  minimizing the effects of the proposed                                                                        Level B harassment, and that these
                                                                                                          Mitigation Conclusions
                                                  action on Pacific walruses and polar                                                                          values constitute small numbers of
                                                  bears.                                                     We have carefully evaluated                        animals. Factors considered in our small
                                                    • An analysis of the effects of                       Quintillion’s proposed mitigation                     numbers determination include the
                                                  operations on Pacific walruses and polar                measures and considered a range of                    number of animals in the affected area,
                                                  bears.                                                  other measures of ensuring that the                   the size of the affected area relative to
                                                    • Occurrence, distribution, and                       cable project will have the least                     available habitat, and the expected
                                                  composition of sightings, including                     practicable impact on polar bears,                    efficacy of mitigation measures.
                                                  date, water depth, numbers, age/size/                   Pacific walruses, and their habitat. Our                 First, the number of Pacific walruses
                                                  gender categories (if determinable),                    evaluation considered the following: (1)              and polar bears inhabiting the proposed
                                                  group sizes, visibility, location of the                The manner in which, and the degree to                impact area is small relative to the size
                                                  vessel, and location of the animal (or                  which, the successful implementation of               of the populations. The potential
                                                  distance and direction to the animal                    the measures are expected to minimize                 exposures for the 2017 cable-laying
                                                  from the vessel) in the form of electronic              adverse impacts to the animals; (2) the               period are based on estimated density
                                                  database or spreadsheet files.                          proven or likely efficacy of the measures             and encounter rates during previous
                                                     • A discussion of any specific                       to minimize adverse impacts as                        work. An allowance for the clumped
                                                  behaviors of interest.                                  planned; and (3) the practicability of the            distribution of Pacific walruses was also
                                                                                                          measures for applicant implementation.                included, resulting in a total estimate of
                                                  Notification of Injured or Dead Marine                  The expected effects of the prescribed                take of approximately 250 animals. This
                                                  Mammals                                                 mitigation measures are as follows:                   amount is about 0.2 percent of the
                                                    In the unexpected event that the                         • Avoidance of injury or death of                  population size of 129,000 estimated by
                                                  specified activity causes the take of a                 polar bears and Pacific walruses.                     Speckman et al. (2011). The number of
                                                  Pacific walrus or polar bear in a manner                   • Reduction in the numbers of polar                polar bears was estimated based on past
                                                  not authorized by the IHA, such as an                   bears and Pacific walruses exposed to                 encounter rates to be 10 each from the
                                                  injury or mortality (e.g., ship-strike),                activities expected to result in the take             CS and SBS stocks. This amount is
                                                  Quintillion must cease activities or                    of marine mammals.                                    approximately 0.5 percent of the CS
                                                  reduce them to the minimum level                           • Reduction in the number of times                 stock and about 1 percent of the SBS
                                                  necessary to maintain safety and report                 individuals would be exposed to project               stock.
                                                  the incident to the Service immediately                 activities.                                              Second, the area where the proposed
                                                  and no later than 48 hours later.                          • A reduction in the intensity of                  activities will occur is a small fraction
                                                  Activities will not continue until the                  exposures to activities expected to result            of the available habitat for Pacific
                                                  Service reviews the circumstances and                   in the take of Pacific walruses and polar             walruses and polar bears. Cable-laying
                                                  determines whether additional                           bears.                                                activities will have temporary impacts
                                                                                                             • Avoidance or minimization of                     to Pacific walrus and polar bear habitat
                                                  measures are necessary to avoid further
                                                                                                          adverse effects to important Pacific                  along a 175-km (109-mi) linear corridor
                                                  take and notifies Quintillion that
                                                                                                          walrus and polar bear habitat, especially             of marine waters and coastal lands in
                                                  activities may resume. The report will
                                                                                                          den sites, barrier islands, haulout areas,            Alaska. Underwater sound levels greater
                                                  include the following information:
                                                    • Time, date, location (latitude/                     sea-ice, and foraging areas.                          than 160 dB may affect a total area of
                                                                                                             • An increase in the probability of                up to 14 km2 (5.4 mi2). Trenching of the
                                                  longitude), and description of the
                                                                                                          detecting Pacific walruses and polar                  seafloor may disturb the benthos along
                                                  incident;
                                                                                                          bears through vessel-based monitoring,
                                                    • Name and type of vessel involved;                                                                         the cable route, affecting a total area of
                                                    • Vessel’s speed during and leading                   allowing for more effective                           approximately 0.38 km2 (0.15 mi2).
                                                  up to the incident;                                     implementation of adaptive mitigation                 Given the expansive range and
                                                    • Description of all sound sources                    measures.                                             distribution of both polar bears and
                                                                                                             • Reduction in the likelihood of                   Pacific walruses, these areas constitute
                                                  used in the 24 hours preceding the
                                                                                                          affecting Pacific walruses and polar                  a small fraction of the available habitat.
                                                  incident;
                                                    • Environmental conditions (e.g.,                     bears in a manner that would alter their              These impacts will be temporary and
                                                  wind speed and direction, cloud cover,                  availability for subsistence uses.                    localized, and will not impede the use
                                                                                                             Based on our evaluation of the                     of an area after the project activities are
                                                  visibility, and water depth);
                                                    • All Pacific walrus and polar bear                   proposed mitigation measures, we have                 complete.
                                                  observations in the preceding 24 hours;                 determined that these measures provide                   Third, monitoring requirements and
                                                    • Description of the animal(s)                        the means of effecting the least                      mitigation measures are expected to
                                                  involved and fate of the animal(s); and                 practicable impact on Pacific walruses,               limit the number of takes. The cable
                                                    • Photographs or video footage of the                 polar bears, and their habitat. These                 activities will avoid den sites, sea-ice,
                                                  animal(s) (if equipment is available).                  measures will also minimize any effects               terrestrial haulouts, and important
                                                    In the event that Quintillion discovers               the project will have on the availability             feeding habitat. Adaptive mitigation
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                                                  an injured or dead Pacific walrus or                    of the species or stock for subsistence               measures will be implemented when
                                                  polar bear, and the lead PSO determines                 uses.                                                 areas that are used by Pacific walruses
                                                  that the injury or death is not associated              Findings                                              and polar bears cannot be avoided.
                                                  with or related to the activities                                                                             These measures will include changes in
                                                  authorized in the IHA (e.g., previously                 Small Numbers                                         speed or course when Pacific walruses
                                                  wounded animal, carcass with moderate                     For small take analyses, the statute                or polar bears could come within 0.8 km
                                                  to advanced decomposition, or                           and legislative history do not expressly              (0.5 mi), as well as maintaining a 1.6-km


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                                                                                 Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices                                            25321

                                                  (1-mi) distance from Pacific walruses                   will respond to disturbance by moving                 and issuance of an authorization for the
                                                  observed on land. These measures are                    away from the source, which may cause                 nonlethal, incidental, unintentional take
                                                  expected to prevent take by Level A                     temporary interruption of foraging,                   by Level B harassment of small numbers
                                                  harassment and to minimize take by                      resting, or other natural behaviors.                  of Pacific walruses and polar bears in
                                                  Level B harassment, especially in                       Affected animals are expected to resume               Alaska during cable-laying activities
                                                  habitat areas of particular importance.                 normal behaviors soon after exposure,                 conducted by Quintillion in 2017 would
                                                  Vessel activities will be monitored by                  with no lasting consequences. Some                    not significantly affect the quality of the
                                                  PSOs, and unexpected impacts will be                    animals may exhibit more severe                       human environment, and that the
                                                  reported to the Service. No take by                     responses typical of Level B harassment,              preparation of an environmental impact
                                                  injury or death is anticipated or                       such as fleeing, abandoning a haulout,                statement for these actions is not
                                                  authorized. Monitoring and reporting                    or becoming separated from other                      required by section 102(2) of NEPA or
                                                  will allow the Service to reanalyze and                 members of a group. These responses                   its implementing regulations.
                                                  refine future take estimates and                        could have significant biological                     Endangered Species Act
                                                  mitigation measures as activities                       impacts for a few affected individuals,
                                                  continue in Pacific walrus and polar                    but most animals will also tolerate this                 Under the ESA, all Federal agencies
                                                  bear habitat in the future. Should the                  type of disturbance without lasting                   are required to ensure the actions they
                                                  Service determine, based on monitoring                  effects. Thus, although 250 Pacific                   authorize are not likely to jeopardize the
                                                  and reporting, that the effects are greater             walruses (approximately 0.2 percent of                continued existence of any threatened
                                                  than anticipated, the authorization may                 the stock) and 20 polar bears (0.5                    or endangered species or result in
                                                  be modified, suspended, or revoked. For                 percent of the CS stock and 1 percent of              destruction or adverse modification of
                                                  these reasons, we propose a finding that                the SBS stock) are estimated to be taken              critical habitat. We reviewed the range-
                                                  the Quintillion project will involve                    (i.e., potentially disturbed) by Level B              wide status of Pacific walruses in
                                                  takes by Level B harassment of only a                   harassment, we do not expect this type                response to a 2008 petition to list this
                                                  small number of animals.                                of harassment to affect annual rates of               species. On February 10, 2011 (76 FR
                                                                                                          recruitment or survival or result in                  7634), listing was found to be
                                                  Negligible Impact                                                                                             warranted, but was precluded due to
                                                                                                          adverse effects on the species or stock.
                                                     We propose a finding that any                           Our proposed finding of negligible                 higher priority listing actions (i.e., the
                                                  incidental take by harassment resulting                 impact applies to incidental take                     Pacific walrus is now a candidate
                                                  from the proposed Quintillion cable-                    associated with the proposed activities               species). The Service listed the polar
                                                  laying operation cannot be reasonably                   as mitigated by the avoidance and                     bear as a threatened species throughout
                                                  expected to, and is not reasonably likely               minimization measures. These                          its range under the ESA on May 15,
                                                  to, adversely affect the Pacific walrus or              mitigation measures are designed to                   2008, due to loss of sea-ice habitat
                                                  the polar bear through effects on annual                minimize interactions with and impacts                caused by climate change (73 FR 28212).
                                                  rates of recruitment or survival and                                                                          In 2010, the Service designated critical
                                                                                                          to Pacific walruses and polar bears.
                                                  would, therefore, have no more than a                                                                         habitat for polar bears in the United
                                                                                                          These measures, and the monitoring and
                                                  negligible impact on the species or                                                                           States (75 FR 76086, December 7, 2010).
                                                                                                          reporting procedures, are required for
                                                  stocks. In making this finding, we                                                                            Prior to issuance of this IHA, the Service
                                                                                                          the validity of our finding and are a
                                                  considered the best available scientific                                                                      will complete intra-Service consultation
                                                                                                          necessary component of the IHA. For
                                                  information, including: (1) The                                                                               under Section 7 of the ESA on our
                                                                                                          these reasons, we propose a finding that
                                                  biological and behavioral characteristics                                                                     proposed issuance of an IHA, which
                                                                                                          the 2017 Quintillion project will have a
                                                  of the species; (2) the most recent                                                                           will consider whether the effects of the
                                                                                                          negligible impact on Pacific walruses
                                                  information on species distribution and                                                                       proposed project will adversely affect
                                                                                                          and polar bears.
                                                  abundance within the area of the                                                                              polar bears or their critical habitat. In
                                                  proposed action; (3) the potential                      Impact on Subsistence                                 addition, we will review our previous
                                                  sources of disturbance during the                         We propose a finding that the                       evaluation on whether the effects of the
                                                  proposed action; and (4) the potential                  anticipated harassment caused by                      proposed activities will jeopardize the
                                                  responses of animals to this disturbance.                                                                     continued existence of the Pacific
                                                                                                          Quintillion’s activities would not have
                                                  In addition, we reviewed material                                                                             walrus. These evaluations and findings
                                                                                                          an unmitigable adverse impact on the
                                                  supplied by the applicant, other                                                                              will be made available on the Service’s
                                                                                                          availability of Pacific walruses or polar
                                                  operators in Alaska, our files and                                                                            Web site at http://www.fws.gov/alaska/
                                                                                                          bears for taking for subsistence uses. In
                                                  datasets, published reference materials,                                                                      fisheries/mmm/iha.htm.
                                                                                                          making this finding, we considered the
                                                  and species experts.
                                                     Pacific walruses and polar bears are                 timing and location of the proposed                   Government-to-Government
                                                  likely to respond to proposed activities                activities and the timing and location of             Coordination
                                                  with temporary behavioral modification                  subsistence harvest activities in the area               It is our responsibility to
                                                  or displacement. These reactions are                    of the proposed action. We also                       communicate and work directly on a
                                                  unlikely to have consequences for the                   considered the applicant’s consultation               Government-to-Government basis with
                                                  health, reproduction, or survival of                    with potentially affected subsistence                 federally recognized Alaska Native
                                                  affected animals. For Pacific walruses, a               communities and proposed measures for                 tribes and organizations in developing
                                                  predominant source of disturbance is                    avoiding impacts to subsistence harvest.              programs for healthy ecosystems. We
                                                  likely to be production of underwater                   Required Determinations                               seek their full and meaningful
                                                  sound by the cable-laying vessels.                                                                            participation in evaluating and
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                                                  Sound production is not expected to                     National Environmental Policy Act                     addressing conservation concerns for
                                                  reach levels capable of causing harm,                   (NEPA)                                                protected species. It is our goal to
                                                  and Level A harassment is not                             We have prepared a draft                            remain sensitive to Alaska Native
                                                  authorized. For polar bears, the sights,                Environmental Assessment (see                         culture, and to make information
                                                  sounds, smells, and visual presence of                  ADDRESSES) in accordance with the                     available to Alaska Natives. Our efforts
                                                  vessels, workers, and equipment could                   NEPA (42 U.S.C. 4321 et seq.). We have                are guided by the following policies and
                                                  all cause disturbances. Most animals                    preliminarily concluded that approval                 directives: (1) The Native American


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                                                  25322                          Federal Register / Vol. 82, No. 104 / Thursday, June 1, 2017 / Notices

                                                  Policy of the Service (January 20, 2016);               B harassment of small numbers of                      DATES:  Interested parties may submit
                                                  (2) the Alaska Native Relations Policy                  Pacific walruses and polar bears during               written comments regarding this direct
                                                  (currently in draft form); (3) Executive                cable-laying activities in the marine                 sale until July 17, 2017.
                                                  Order 13175 (January 9, 2000); (4)                      waters of Alaska and impacted coastal                 ADDRESSES: Mail written comments to
                                                  Department of the Interior Secretarial                  communities, as described in this                     the BLM Las Vegas Field Office,
                                                  Orders 3206 (June 5, 1997), 3225                        document and in the applicant’s                       Assistant Field Manager, 4701 North
                                                  (January 19, 2001), 3317 (December 1,                   petition. We neither anticipate nor                   Torrey Pines Drive, Las Vegas, NV
                                                  2011), and 3342 (October 21, 2016); (5)                 propose authorization for intentional                 89130.
                                                  the Alaska Government-to-Government                     take or take by injury or death. If issued,           FOR FURTHER INFORMATION CONTACT:
                                                  Policy (a Department of the Interior                    this IHA will be effective immediately                Manuela Johnson, Supervisory Realty
                                                  (DOI) memorandum issued January 18,                     after the date of issuance through                    Specialist, BLM Las Vegas Field Office
                                                  2001); and (6) the DOI’s policies on                    November 15, 2017.
                                                  consultation with Alaska Native tribes                                                                        at 702–515–5224. Persons who use a
                                                                                                             If issued, this IHA will also                      telecommunications device for the deaf
                                                  and organizations,                                      incorporate the mitigation, monitoring,
                                                     Alaska Natives have a long history of                                                                      (TDD) may call the Federal Relay
                                                                                                          and reporting requirements described in               Service (FRS) at 1–800–877–8339 to
                                                  self-regulation, based on the need to                   this proposal. The applicant will be
                                                  ensure a sustainable take of marine                                                                           contact the above individual during
                                                                                                          expected and required to implement                    normal business hours. The FRS is
                                                  mammals for food and handicrafts. Co-                   and fully comply with those
                                                  management promotes full and equal                                                                            available 24 hours a day, 7 days a week,
                                                                                                          requirements. If the nature or level of               to leave a message or question with the
                                                  participation by Alaska Natives in                      activity changes or exceeds that
                                                  decisions affecting the subsistence                                                                           above individual. You will receive a
                                                                                                          described in this proposal and in the                 reply during normal business hours.
                                                  management of marine mammals (to the                    IHA petition, or the nature or level of
                                                  maximum extent allowed by law) as a                                                                           SUPPLEMENTARY INFORMATION: The parcel
                                                                                                          take exceeds that projected in this                   is located in the City of Las Vegas on the
                                                  tool for conserving marine mammal                       proposal, the Service will reevaluate its
                                                  populations in Alaska. To facilitate co-                                                                      corner of Buffalo Drive and
                                                                                                          findings. The Service may modify,                     Constantinople Avenue and is legally
                                                  management activities, the Service                      suspend, or revoke the authorization if
                                                  maintains cooperative agreements with                                                                         described as:
                                                                                                          the findings are not accurate or the
                                                  the EWC and the Qayassiq Walrus                                                                               Mount Diablo Meridian, Nevada
                                                                                                          mitigation, monitoring, and reporting
                                                  Commission. We are currently seeking a
                                                                                                          requirements described herein are not                 T. 20 S., R. 60 E.,
                                                  partner for co-management of polar                                                                              Sec. 10, N1⁄2SW1⁄4NW1⁄4NW1⁄4NW1⁄4 and
                                                                                                          being met.
                                                  bears. These cooperative relationships                                                                            SE1⁄4NW1⁄4NW1⁄4NW1⁄4.
                                                  help support a wide variety of                            Dated: May 1, 2017.
                                                                                                                                                                  The area described contains 3.75 acres.
                                                  management activities, including co-                    Gregory E. Siekaniec
                                                  management operations, biological                       Regional Director, Alaska Region.                        This sale is in conformance with the
                                                  sampling programs, harvest monitoring,                                                                        BLM Las Vegas Resource Management
                                                                                                          [FR Doc. 2017–11381 Filed 5–31–17; 8:45 am]
                                                  collection of Native knowledge in                                                                             Plan decisions LD–1 and LD–2,
                                                                                                          BILLING CODE 4333–15–P
                                                  management, international coordination                                                                        approved on October 5, 1998. The Las
                                                  on management issues, cooperative                                                                             Vegas Valley Disposal Boundary
                                                  enforcement of the MMPA, and                            DEPARTMENT OF THE INTERIOR                            Environmental Impact Statement and
                                                  development of local conservation                                                                             Record of Decision issued on December
                                                  plans. To help realize mutual                           Bureau of Land Management                             23, 2004, analyzed the sale parcel. The
                                                  management goals, the Service meets                                                                           sale complies with Section 203 of
                                                  regularly with our co-management                        [LLNVS01000. L71220000.EU0000.
                                                                                                                                                                FLPMA. Consistent with Section 203 of
                                                  partners to discuss future expectations                 LVTFF1604850; N–94619; 11–08807; MO                   FLPMA, a tract of public land may be
                                                  and outline a shared vision of co-                      #4500101865; TAS: 14X1109]                            sold where, as a result of approved land
                                                  management.                                                                                                   use planning, sale of the tract meets the
                                                     We have evaluated possible effects of                Notice of Realty Action: Direct Sale of               disposal criteria of that section: The
                                                  the proposed activities on federally                    Public Land in Clark County, NV                       tract is difficult and uneconomic to
                                                  recognized Alaska Native tribes and                                                                           manage because of its location or other
                                                  organizations. Through the IHA process                  AGENCY:   Bureau of Land Management,                  characteristics, such as the subject’s
                                                  identified in the MMPA, the applicant                   Interior.                                             history of use or current level of
                                                  has presented a communication process,                  ACTION: Notice of realty action.                      development, and is not suitable for
                                                  culminating in a POC with the Native                                                                          management by another Federal
                                                  organizations and communities most                      SUMMARY:   The Bureau of Land                         department or agency. The subject
                                                  likely to be affected by their work.                    Management (BLM) is proposing a non-                  parcel of land is located in a residential
                                                  Quintillion has engaged these groups in                 competitive (direct) sale of 3.75 acres of            and commercial area. The lands
                                                  numerous informational meetings.                        public land in Clark County, Nevada, to               proposed for the direct sale are not
                                                     Through these various interactions                   the Tabernacle of Praise Church, Inc.                 needed for Federal purposes and the
                                                  and partnerships, we have determined                    (Church) pursuant to the Southern                     United States has no present interest in
                                                  that the issuance of this proposed IHA                  Nevada Public Land Management Act of                  the property. A parcel-specific
                                                  is permissible. We invite continued                     1998 (SNPLMA), as amended, to resolve                 Determination of National
                                                  discussion, either about the project and                an unauthorized use of public lands.                  Environmental Policy Act Adequacy
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                                                  its impacts, or about our coordination                  The sale will be subject to the                       (DNA) document numbered DOI–BLM–
                                                  and information exchange throughout                     applicable provisions of Section 203 of               NV–S010–2016–0104–DNA was
                                                  the IHA/POC process.                                    the Federal Land Policy and                           prepared in connection with this Notice
                                                                                                          Management Act of 1976 (FLPMA) and                    of Realty Action.
                                                  Proposed Authorization                                  BLM land sale regulations. The                           The land also meets the criteria for
                                                    We propose to issue an IHA for the                    appraised fair market value for the sale              direct sale under FLPMA, Section
                                                  incidental, unintentional take by Level                 parcel is $280,000.                                   203(a)(3) and 43 CFR 2711.3–3(a),


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Document Created: 2017-06-01 03:04:48
Document Modified: 2017-06-01 03:04:48
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of receipt of application and proposed incidental harassment authorization; availability of draft environmental assessment; request for comments.
DatesWe will consider comments we receive on or before July 3, 2017.
ContactCopies of the application, the list of references used in the notice, and other supporting materials may be downloaded from the web at: http://www.fws.gov/alaska/fisheries/mmm/ iha.htm. You may also contact Ms. Kimberly Klein by mail at Marine Mammals Management, U.S. Fish and Wildlife Service, MS 341, 1011 East Tudor Road, Anchorage, AK 99503; by email at [email protected]; or by telephone at 1-800-362-5148, to request documents.
FR Citation82 FR 25304 

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