Notice2022-05477
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Ocean Wind Marine Site Characterization Surveys, New Jersey
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 16, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Ocean Wind, LLC (Ocean Wind) for authorization to take marine mammals incidental to marine site characterization surveys in the area of Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf Lease Area OCS-A 0532 and potential export cable routes to landfall locations in New Jersey. Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting comments on its proposal to issue an incidental harassment authorization (IHA) to incidentally take marine mammals during the specified activities. NMFS is also requesting comments on a possible one-year renewal that could be issued under certain circumstances and if all requirements are met, as described in Request for Public Comments at the end of this notice. NMFS will consider public comments prior to making any final decision on the issuance of the requested MMPA authorizations and agency responses will be summarized in the final notice of our decision.
Full Text
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<title>Federal Register, Volume 87 Issue 51 (Wednesday, March 16, 2022)</title>
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[Federal Register Volume 87, Number 51 (Wednesday, March 16, 2022)]
[Notices]
[Pages 14823-14840]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-05477]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB758]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Ocean Wind Marine Site
Characterization Surveys, New Jersey
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments on proposed authorization and possible renewal.
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SUMMARY: NMFS has received a request from Ocean Wind, LLC (Ocean Wind)
for authorization to take marine mammals incidental to marine site
characterization surveys in the area of Commercial Lease of Submerged
Lands for Renewable Energy Development on the Outer Continental Shelf
Lease Area OCS-A 0532 and potential export cable routes to landfall
locations in New Jersey. Pursuant to the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments on its proposal to issue an
incidental harassment authorization (IHA) to incidentally take marine
mammals during the specified activities. NMFS is also requesting
comments on a possible one-year renewal that could be issued under
certain circumstances and if all requirements are met, as described in
Request for Public Comments at the end of this notice. NMFS will
consider public comments prior to making any final decision on the
issuance of the requested MMPA authorizations and agency responses will
be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than April
15, 2022.
[[Page 14824]]
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service, and should be submitted via email to
<a href="/cdn-cgi/l/email-protection#48011c18660c2924310826272929662f273e"><span class="__cf_email__" data-cfemail="8ec7dadea0caefe2f7cee0e1efefa0e9e1f8">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. All comments received are a part of
the public record and will generally be posted online at
<a href="http://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the application
and supporting documents, as well as a list of the references cited in
this document, may be obtained online at: <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization may be provided to the public
for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action (i.e., the issuance of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) of the Companion Manual for NOAA Administrative Order 216-
6A, which do not individually or cumulatively have the potential for
significant impacts on the quality of the human environment and for
which NMFS have not identified any extraordinary circumstances that
would preclude this categorical exclusion. Accordingly, NMFS has
preliminarily determined that the issuance of the proposed IHA
qualifies to be categorically excluded from further NEPA review.
NMFS will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA request.
Summary of Request
On October 1, 2021, NMFS received a request from Ocean Wind for an
IHA to take marine mammals incidental to marine site characterization
surveys off of New Jersey in the area of Commercial Lease of Submerged
Lands for Renewable Energy Development on the Outer Continental Shelf
Lease Area OCS-A 0532 (Lease Area) and potential export cable routes
(ECRs) to landfall locations in New Jersey. Following NMFS review of
the draft application, a revised version was submitted on November 24,
2021 and again on January 24, 2022. The January 2022 revised version
was deemed adequate and complete on February 8, 2022. Ocean Wind's
request is for take of 16 species of marine mammals, by Level B
harassment only. Neither Ocean Wind nor NMFS expects serious injury or
mortality to result from this activity and, therefore, an IHA is
appropriate.
NMFS previously issued an IHA to Ocean Wind for similar work in the
same geographic area on June 8, 2017 (82 FR 31562; July 7, 2017) with
effective dates from June 8, 2017, through June 7, 2018 and on May 10,
2021 (86 FR 26465, May 14, 2021) with effective dates from May 10, 2021
through May 9, 2022. Ocean Wind complied with all the requirements
(e.g., mitigation, monitoring, and reporting) of the 2017-2018 IHA.
Because the current IHA is still effective, we have not yet received
the associated monitoring report from Ocean Wind. The proposed IHA
would be effective May 10, 2022 through May 9, 2023.
Description of Proposed Activity
Overview
As part of its overall marine site characterization survey
operations, Ocean Wind proposes to conduct high-resolution geophysical
(HRG) surveys in the Lease Area and along potential ECRs to landfall
locations in New Jersey.
The purpose of the marine site characterization surveys are to
obtain an assessment of seabed (geophysical, geotechnical, and
geohazard), ecological, and archeological conditions within the
footprint of a planned offshore wind facility development area. Surveys
are also conducted to support engineering design and to map unexploded
ordnance. Underwater sound resulting from Ocean Wind's proposed site
characterization survey activities, specifically HRG surveys, has the
potential to result in incidental take of marine mammals in the form of
Level B behavioral harassment.
Dates and Duration
Site characterization surveys considered under this application are
expected to occur between May 10, 2022 and May 9, 2023 with a total of
275 survey days. A survey day is defined here as a 24-hour activity
period. The number of anticipated survey days was calculated as the
number of days needed to reach the overall level of effort required to
meet survey objectives assuming any single vessel covers, on average,
70 line km per 24 hours of operations.
Specific Geographic Region
The proposed survey activities will occur within the Project Area
which includes the Lease Area and potential ECRs, as shown in Figure 1.
The Lease Area is approximately 343.8 square kilometers (km\2\) and is
within the New Jersey wind energy area (WEA) of the
[[Page 14825]]
Bureau of Ocean Energy Management's Mid-Atlantic planning area. Water
depths in the Lease Area range from 15 meters (m) to 35 m, and the
potential ECRs extend from the shoreline to approximately 40 m depth.
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TN16MR22.000
BILLING CODE 3510-22-C
Detailed Description of Specific Activity
Ocean Wind proposes to conduct HRG survey operations, including
multibeam depth sounding, seafloor imaging, and shallow and medium
penetration sub-bottom profiling. The HRG surveys may be conducted
using any or all of the following equipment types: Side scan sonar,
multibeam echosounder, magnetometers and gradiometers, parametric sub-
bottom profiler (SBP), compressed high intensity radar pulse (CHIRP)
SBP, boomers, or sparkers. Ocean Wind assumes that HRG survey
operations would be conducted 24 hours per day, with an assumed daily
survey distance of 70 km. Vessels would generally conduct survey effort
at a transit speed of approximately 4 knots (kn), which equates to 110
km per 24-hr period. However, based on past survey experience (i.e.,
knowledge of typical daily downtime due to weather, system
malfunctions, etc.) Ocean Wind assumes 70 km as the average daily
distance. On this basis, a total of 275 survey days are expected. In
certain shallow-water areas, vessels may conduct survey effort during
daylight hours only, with a corresponding assumption that the daily
survey distance would be halved (35 km). However, for purposes of
analysis all survey days are assumed to cover the maximum 70 km. A
maximum of two vessels would operate concurrently in areas where 24-hr
operations would be conducted, with an additional third vessel
potentially conducting daylight-only survey effort in shallow-water
areas.
Acoustic sources planned for use during HRG survey activities
proposed by Ocean Wind include the following:
<bullet> Shallow penetration, non-impulsive, non-parametric SBPs
(i.e., CHIRP SBPs) are used to map the near-surface stratigraphy (top 0
to 10 m) of sediment below seabed. A CHIRP system emits signals
covering a frequency sweep from approximately 2 to 20 kilohertz (kHz)
over time. The frequency range can be adjusted to meet
[[Page 14826]]
project variables. These sources are typically mounted on a pole rather
than towed, reducing the likelihood that an animal would be exposed to
the signal.
<bullet> Medium penetration, impulsive sources (i.e., boomers and
sparkers) are used to map deeper subsurface stratigraphy. A boomer is a
broadband source operating in the 3.5 Hertz (Hz) to 10 kHz frequency
range. Sparkers create omnidirectional acoustic pulses from 50 Hz to 4
kHz. These sources are typically towed behind the vessel.
Operation of the following survey equipment types is not expected
to present reasonable risk of marine mammal take, and will not be
discussed further beyond the brief summaries provided below.
<bullet> Non-impulsive, parametric SBPs are used for providing high
data density in sub-bottom profiles that are typically required for
cable routes, very shallow water, and archaeological surveys. These
sources generate short, very narrow-beam (1[deg] to 3.5[deg]) signals
at high frequencies (generally around 85-100 kHz). The narrow beamwidth
significantly reduces the potential that a marine mammal could be
exposed to the signal, while the high frequency of operation means that
the signal is rapidly attenuated in seawater. These sources are
typically deployed on a pole rather than towed behind the vessel.
<bullet> Acoustic corers are seabed-mounted sources with three
distinct sound sources: A high-frequency parametric sonar, a high-
frequency CHIRP sonar, and a low-frequency CHIRP sonar. The beamwidth
is narrow (3.5[deg] to 8[deg]) and the source is operated roughly 3.5
meter (m) above the seabed with the transducer pointed directly
downward.
<bullet> Ultra-short baseline (USBL) positioning systems are used
to provide high accuracy ranges by measuring the time between the
acoustic pulses transmitted by the vessel transceiver and a transponder
(or beacon) necessary to produce the acoustic profile. It is a two-
component system with a pole-mounted transceiver and one or several
transponders mounted on other survey equipment. USBLs are expected to
produce extremely small acoustic propagation distances in their typical
operating configuration.
<bullet> Multibeam echosounders (MBESs) are used to determine water
depths and general bottom topography. The proposed MBESs all have
operating frequencies >180 kHz and are therefore outside the general
hearing range of marine mammals.
<bullet> Side scan sonars (SSS) are used for seabed sediment
classification purposes and to identify natural and man-made acoustic
targets on the seafloor. The proposed SSSs all have operating
frequencies >180 kHz and are therefore outside the general hearing
range of marine mammals.
Table 1 identifies representative survey equipment with the
expected potential to result in exposure of marine mammals and
potentially result in take. The make and model of the listed
geophysical equipment may vary depending on availability and the final
equipment choices will vary depending upon the final survey design,
vessel availability, and survey contractor selection.
Table 1--Summary of Representative HRG Equipment
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SLrms (dB SL0-pk (dB Pulse
Operating re 1 re 1 duration Repetition Beamwidth CF= Crocker and Fratantonio
Equipment frequency [micro]Pa [micro]Pa (width) rate (Hz) (degrees) (2016) MAN = Manufacturer
(kHz) m) m) (millisecond)
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Non-parametric shallow penetration SBPs (non-impulsive)
--------------------------------------------------------------------------------------------------------------------------------------------------------
ET 216 (2000DS or 3200 top unit)........ 2-16 195 - 20 6 24 MAN
2-8
ET 424 3200-X........................... 4-24 176 - 3.4 2 71 CF
ET 512i................................. 0.7-12 179 - 9 8 80 CF
GeoPulse 5430A.......................... 2-17 196 - 50 10 55 MAN
Teledyne Benthos Chirp III--TTV 170..... 2-7 197 - 60 15 100 MAN
Pangeo SBI.............................. 4.5-12.5 188 - 4.5 45 120 MAN
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Medium penetration SBPs (impulsive)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AA, Dura-spark UHD (400 tips, 500 J) \1\ 0.3-1.2 203 211 1.1 4 Omni CF
AA, Dura-spark UHD Sparker Model 400 x 0.3-1.2 203 211 1.1 4 Omni CF
400 \1\.
GeoMarine, Dual 400 Sparker, Model Geo- 0.4-5 203 211 1.1 4 Omni CF
Source 800 \1\.
GeoMarine Sparker, Model Geo-Source 200- 0.3-1.2 203 211 1.1 4 Omni CF
400 \1\.
GeoMarine Sparker, Model Geo-Source 200 0.3-1.2 203 211 1.1 4 Omni CF
Lightweight \1\.
AA, triple plate S-Boom (700-1,000 J) 0.1-5 205 211 0.6 4 80 CF
\2\.
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- = not applicable; [mu]Pa = micropascal; AA = Applied Acoustics; dB = decibel; ET = EdgeTech; J = joule; Omni = omnidirectional source; re = referenced
to; PK = zero-to-peak sound pressure level; SL = source level; SPL = root-mean-square sound pressure level; UHD = ultra-high definition.
\1\ The Dura-spark measurements and specifications provided in Crocker and Fratantonio (2016) were used for all sparker systems proposed for the survey.
These include variants of the Dura-spark sparker system and various configurations of the GeoMarine Geo-Source sparker system. The data provided in
Crocker and Fratantonio (2016) represent the most applicable data for similar sparker systems with comparable operating methods and settings when
manufacturer or other reliable measurements are not available.
\2\ Crocker and Fratantonio (2016) provide S-Boom measurements using two different power sources (CSP-D700 and CSP-N). The CSP-D700 power source was
used in the 700 J measurements but not in the 1,000 J measurements. The CSP-N source was measured for both 700 J and 1,000 J operations but resulted
in a lower SL; therefore, the single maximum SL value was used for both operational levels of the S-Boom.
Proposed mitigation, monitoring, and reporting measures are
described in detail later in this document (please see Proposed
Mitigation and Proposed Monitoring and Reporting).
Description of Marine Mammals in the Area of Specified Activities
Sections 3 and 4 of the application summarize available information
regarding status and trends, distribution and habitat preferences, and
behavior and life history, of the potentially affected species.
Additional information regarding population trends and threats may be
found in NMFS' Stock Assessment Reports (SARs; <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and
more general information about these species (e.g., physical and
behavioral descriptions) may be found on NMFS' website
(<a href="http://www.fisheries.noaa.gov/find-species">www.fisheries.noaa.gov/find-species</a>).
Table 2 lists all species or stocks for which take is expected and
proposed to be authorized for this action, and summarizes information
related to the population or stock, including
[[Page 14827]]
regulatory status under the MMPA and Endangered Species Act (ESA) and
potential biological removal (PBR), where known. For taxonomy, NMFS
follows the Committee on Taxonomy (2021. PBR is defined by the MMPA as
the maximum number of animals, not including natural mortalities, that
may be removed from a marine mammal stock while allowing that stock to
reach or maintain its optimum sustainable population (as described in
NMFS' SARs). While no mortality is anticipated or would be authorized
here, PBR and annual serious injury and mortality from anthropogenic
sources are included as gross indicators of the status of the species
and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All managed stocks in this region are assessed in
NMFS' U.S. Atlantic and Gulf of Mexico SARs. All values presented in
Table 2 are the most recent available at the time of publication and
are available in the Draft 2021 SARs (Hayes et al., 2021), available
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports</a>.
Table 2--Marine Mammal Species Likely To Occur Near the Project Area That May Be Affected by Ocean Wind's Activity
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ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\1\ abundance survey) \2\ SI \3\
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Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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Family Balaenidae:
North Atlantic right whale...... Eubalaena glacialis.... Western North Atlantic E/D; Y 368 (0; 364; 2019).... 0.7 7.7
(WNA).
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Family Balaenopteridae (rorquals)
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Humpback whale.................. Megaptera novaeangliae. Gulf of Maine.......... -/-; Y 1,393 (0.15; 1,375; 22 58
2016).
Fin whale....................... Balaenoptera physalus.. WNA.................... E/D; Y 6,802 (0.24; 5,573; 11 2.35
2016).
Sei whale....................... Balaenoptera borealis.. Nova Scotia............ E/D; Y 6,292 (1.02; 3,098; 6.2 1.2
2016).
Minke whale..................... Balaenoptera Canadian East Coast.... -/-; N 21,968 (0.31; 17,002; 170 10.6
acutorostrata. 2016).
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Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
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Family Physeteridae:
Sperm whale..................... Physeter macrocephalus. North Atlantic......... E/D; Y 4,349 (0.28;3,451; 3.9 0
2016).
Family Delphinidae:
Long-finned pilot whale......... Globicephala melas..... WNA.................... -/-; N 39,215 (0.30; 30,627; 306 29
2016).
Short finned pilot whale........ Globicephala WNA.................... -/-; N 28,924 (0.24; 23,637; 236 136
macrorhynchus. 2016).
Bottlenose dolphin.............. Tursiops truncatus..... WNA Offshore........... -/-; N 62,851 (0.23; 51,914; 519 28
2016).
WNA Northern Migratory -/D;Y 6,639 (0.41, 4,759, 48 12.2-21.5
Coastal. 2016).
Common dolphin.................. Delphinus delphis...... WNA.................... -/-; N 172,974 (0.21; 1,452 390
145,216; 2016).
Atlantic white-sided dolphin.... Lagenorhynchus acutus.. WNA.................... -/-; N 93,233 (0.71; 54,443; 544 27
2016).
Atlantic spotted dolphin........ Stenella frontalis..... WNA.................... -/-; N 39,921 (0.27; 32,032; 320 0
2016).
Risso's dolphin................. Grampus griseus........ WNA.................... -/-; N 35,215 (0.19; 30,051; 303 54.3
2016).
Family Phocoenidae: (porpoises)
Harbor porpoise................. Phocoena phocoena...... Gulf of Maine/Bay of -/-; N 95,543 (0.31; 74,034; 851 164
Fundy. 2016).
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Order Carnivora--Superfamily Pinnipedia
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Family Phocidae: (earless seals)
Gray seal \4\................... Halichoerus grypus..... WNA.................... -/-; N 27,300 (0.22; 22,785, 1,458 4,453
2029).
Harbor seal..................... Phoca vitulina......... WNA.................... -/-; N 61,336 (0.08; 57,637, 1,729 339
2020).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>. CV
is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, ship strike).
\4\ NMFS' gray seal stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in
Canada) is approximately 451,600. The annual M/SI value given is for the total stock.
As indicated above, all 16 species (with 17 managed stocks) in
Table 2 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur. In addition to what is
included in Sections 3 and 4 of the application, the SARs, and NMFS'
website, further detail informing the baseline for select species
(i.e., information regarding current Unusual Mortality Events (UME) and
important habitat areas) is provided below.
North Atlantic Right Whale
The North Atlantic right whale is considered one of the most
critically endangered populations of large whales in the world and has
been listed as a Federal endangered species since 1970. The Western
Atlantic stock is considered depleted under the MMPA (Hayes et al.
2021). There is a recovery plan (NOAA Fisheries 2017) for the right
whale and recently there was a five-year review of the species (NOAA
Fisheries 2017). The right whale had a
[[Page 14828]]
2.8 percent recovery rate between 1990 and 2011 (Hayes et al. 2021).
Elevated North Atlantic right whale mortalities have occurred since
June 7, 2017, along the U.S. and Canadian coast with the leading
category for the cause of death for this UME as ``human interaction,''
specifically from entanglements or vessel strikes. As of February 8,
2022, a total of 34 confirmed dead stranded whales (21 in Canada; 13 in
the United States) have been documented. The cumulative total number of
animals in the North Atlantic right whale UME has been updated to 50
individuals to include both the confirmed mortalities (dead stranded or
floaters) (n=34) and seriously injured free-swimming whales (n=16) to
better reflect the confirmed number of whales likely removed from the
population during the UME and more accurately reflect the population
impacts. More information is available online at:
<a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-north-atlantic-right-whale-unusual-mortality-event">www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-north-atlantic-right-whale-unusual-mortality-event</a>.
The proposed survey area is part of a migratory corridor
Biologically Important Area (BIA) for North Atlantic right whales
(effective March-April and November-December) that extends from
Massachusetts to Florida (LeBrecque et al., 2015). Off the coast of New
Jersey, the migratory BIA extends from the coast to beyond the shelf
break. This important migratory area is approximately 269,488 km\2\ in
size (compared with the approximately 5,500 km\2\ of total estimated
Level B harassment ensonified area associated with the 275 planned
survey days) and is comprised of the waters of the continental shelf
offshore the East Coast of the United States, extending from Florida
through Massachusetts. NMFS' regulations at 50 CFR part 224.105
designated nearshore waters of the Mid-Atlantic Bight as Mid-Atlantic
U.S. Seasonal Management Areas (SMA) for right whales in 2008. SMAs
were developed to reduce the threat of collisions between ships and
right whales around their migratory route and calving grounds. A
portion of one SMA, which occurs off the mouth of Delaware Bay,
overlaps spatially with a section of the proposed survey area. The SMA
which occurs off the mouth of Delaware Bay is active from November 1
through April 30 of each year.
Humpback Whale
NMFS recently evaluated the status of the species, and on September
8, 2016, NMFS divided the species into 14 distinct population segments
(DPS), removed the species-level listing, and in its place listed four
DPSs as endangered and one DPS as threatened (81 FR 62260; September 8,
2016). The remaining nine DPSs were not listed. The West Indies DPS,
which is not listed under the ESA, is the only DPS of humpback whale
that is expected to occur in the survey area. Bettridge et al. (2015)
estimated the size of this population at 12,312 (95 percent CI 8,688-
15,954) whales in 2004-05, which is consistent with previous population
estimates of approximately 10,000-11,000 whales (Stevick et al., 2003;
Smith et al., 1999) and the increasing trend for the West Indies DPS
(Bettridge et al., 2015). Whales occurring in the survey area are
considered to be from the West Indies DPS, but are not necessarily from
the Gulf of Maine feeding population managed as a stock by NMFS. Barco
et al., 2002 estimated that, based on photo-identification, only 39
percent of individual humpback whales observed along the mid- and south
Atlantic U.S. coast are from the Gulf of Maine stock.
Since January 2016, elevated humpback whale mortalities have
occurred along the Atlantic coast from Maine to Florida. Partial or
full necropsy examinations have been conducted on approximately half of
the 156 known cases (as of February 8, 2022). Of the whales examined,
about 50 percent had evidence of human interaction, either ship strike
or entanglement. While a portion of the whales have shown evidence of
pre-mortem vessel strike, this finding is not consistent across all
whales examined and more research is needed. NOAA is consulting with
researchers that are conducting studies on the humpback whale
populations, and these efforts may provide information on changes in
whale distribution and habitat use that could provide additional
insight into how these vessel interactions occurred. More information
is available at: <a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2016-2021-humpback-whale-unusual-mortality-event-along-atlantic-coast">www.fisheries.noaa.gov/national/marine-life-distress/2016-2021-humpback-whale-unusual-mortality-event-along-atlantic-coast</a>.
Minke Whale
Since January 2017, elevated minke whale mortalities have occurred
along the Atlantic coast from Maine through South Carolina, with a
total of 122 strandings (as of February 8, 2022). This event has been
declared a UME. Full or partial necropsy examinations were conducted on
more than 60 percent of the whales. Preliminary findings in several of
the whales have shown evidence of human interactions or infectious
disease, but these findings are not consistent across all of the whales
examined, so more research is needed. More information is available at:
<a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-minke-whale-unusual-mortality-event-along-atlantic-coast">www.fisheries.noaa.gov/national/marine-life-distress/2017-2021-minke-whale-unusual-mortality-event-along-atlantic-coast</a>.
Seals
Since July 2018, elevated numbers of harbor seal and gray seal
mortalities have occurred across Maine, New Hampshire and
Massachusetts. This event has been declared a UME. Additionally,
stranded seals have shown clinical signs as far south as Virginia,
although not in elevated numbers, therefore the UME investigation now
encompasses all seal strandings from Maine to Virginia. Ice seals (harp
and hooded seals) have also started stranding with clinical signs,
again not in elevated numbers, and those two seal species have also
been added to the UME investigation. A total of 3,152 reported
strandings (of all species) had occurred from July 1, 2018, through
March 13, 2020. Full or partial necropsy examinations have been
conducted on some of the seals and samples have been collected for
testing. Based on tests conducted thus far, the main pathogen found in
the seals is phocine distemper virus. NMFS is performing additional
testing to identify any other factors that may be involved in this UME.
Closure of this UME is pending. Information on this UME is available
online at: <a href="http://www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2020-pinniped-unusual-mortality-event-along">www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2020-pinniped-unusual-mortality-event-along</a>.
Marine Mammal Hearing
Hearing is the most important sensory modality for marine mammals
underwater, and exposure to anthropogenic sound can have deleterious
effects. To appropriately assess the potential effects of exposure to
sound, it is necessary to understand the frequency ranges marine
mammals are able to hear. Current data indicate that not all marine
mammal species have equal hearing capabilities (e.g., Richardson et
al., 1995; Wartzok and Ketten, 1999; Au and Hastings, 2008). To reflect
this, Southall et al. (2007) recommended that marine mammals be divided
into functional hearing groups based on directly measured or estimated
hearing ranges on the basis of available behavioral response data,
audiograms derived using auditory evoked potential techniques,
anatomical modeling, and other data. Note that no direct measurements
of hearing ability have been successfully completed for mysticetes
(i.e., low-frequency
[[Page 14829]]
cetaceans). Subsequently, NMFS (2018) described generalized hearing
ranges for these marine mammal hearing groups. Generalized hearing
ranges were chosen based on the approximately 65 decibel (dB) threshold
from the normalized composite audiograms, with the exception for lower
limits for low-frequency cetaceans where the lower bound was deemed to
be biologically implausible and the lower bound from Southall et al.
(2007) retained. Marine mammal hearing groups and their associated
hearing ranges are provided in Table 3.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 35 kHz.
whales).
Mid-frequency (MF) cetaceans (dolphins, 150 Hz to 160 kHz.
toothed whales, beaked whales, bottlenose
whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
cephalorhynchid, Lagenorhynchus cruciger
& L. australis).
Phocid pinnipeds (PW) (underwater) (true 50 Hz to 86 kHz.
seals).
Otariid pinnipeds (OW) (underwater) (sea 60 Hz to 39 kHz.
lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Sixteen marine mammal species (14 cetacean and 2 pinniped (both phocid)
species) have the reasonable potential to co-occur with the proposed
survey activities. Please refer to Table 2. Of the cetacean species
that may be present, five are classified as low-frequency cetaceans
(i.e., all mysticete species), eight are classified as mid-frequency
cetaceans (i.e., all delphinid species and the sperm whale), and one is
classified as a high-frequency cetacean (i.e., harbor porpoise).
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
This section includes a summary of the ways that Ocean Wind's
specified activity may impact marine mammals and their habitat.
Detailed descriptions of the potential effects of similar specified
activities have been provided in other recent Federal Register notices,
including for survey activities using the same methodology, over a
similar amount of time, in the Mid-Atlantic region, including New
Jersey waters. (e.g., 82 FR 20563, May 3, 2017; 85 FR 36537, June 17,
2020; 85 FR 37848, June 24, 2020; 85 FR 48179, August 10, 2020, 86 FR
11239, February 24, 2021; 86 FR 28061, May 25, 2021). No significant
new information is available, and we refer the reader to these
documents rather than repeating the details here. The Estimated Take
section includes a quantitative analysis of the number of individuals
that are expected to be taken by Ocean Wind's activity. The Negligible
Impact Analysis and Determination section considers the potential
effects of the specified activity, the Estimated Take section, and the
Proposed Mitigation section, to draw conclusions regarding the likely
impacts of these activities on the reproductive success or survivorship
of individuals and how those impacts on individuals are likely to
impact marine mammal species or stocks.
Background on Active Acoustic Sound Sources and Acoustic Terminology
This subsection contains a brief technical background on sound, on
the characteristics of certain sound types, and on metrics used in this
proposal inasmuch as the information is relevant to the specified
activity and to the summary of the potential effects of the specified
activity on marine mammals. For general information on sound and its
interaction with the marine environment, please see, e.g., Au and
Hastings (2008); Richardson et al. (1995); Urick (1983).
Sound travels in waves, the basic components of which are
frequency, wavelength, velocity, and amplitude. Frequency is the number
of pressure waves that pass by a reference point per unit of time and
is measured in hertz or cycles per second. Wavelength is the distance
between two peaks or corresponding points of a sound wave (length of
one cycle). Higher frequency sounds have shorter wavelengths than lower
frequency sounds, and typically attenuate (decrease) more rapidly,
except in certain cases in shallower water. Amplitude is the height of
the sound pressure wave or the ``loudness'' of a sound and is typically
described using the relative unit of the decibel. A sound pressure
level (SPL) in dB is described as the ratio between a measured pressure
and a reference pressure (for underwater sound, this is 1 microPascal
([mu]Pa)), and is a logarithmic unit that accounts for large variations
in amplitude. Therefore, a relatively small change in dB corresponds to
large changes in sound pressure. The source level (SL) represents the
SPL referenced at a distance of 1 m from the source (referenced to 1
[mu]Pa), while the received level is the SPL at the listener's position
(referenced to 1 [mu]Pa).
Root mean square (rms) is the quadratic mean sound pressure over
the duration of an impulse. Root mean square is calculated by squaring
all of the sound amplitudes, averaging the squares, and then taking the
square root of the average (Urick, 1983). Root mean square accounts for
both positive and negative values; squaring the pressures makes all
values positive so that they may be accounted for in the summation of
pressure levels (Hastings and Popper, 2005). This measurement is often
used in the context of discussing behavioral effects, in part because
behavioral effects, which often result from auditory cues, may be
better expressed through averaged units than by peak pressures.
Sound exposure level (SEL; represented as dB re 1 [mu]Pa\2\-s)
represents the total energy in a stated frequency band over a stated
time interval or event and considers both intensity and duration of
exposure. The per-pulse SEL is calculated over the time window
containing the entire pulse (i.e., 100 percent of the acoustic energy).
SEL is a cumulative metric; it can be accumulated over a single pulse,
or
[[Page 14830]]
calculated over periods containing multiple pulses. Cumulative SEL
represents the total energy accumulated by a receiver over a defined
time window or during an event. Peak sound pressure (also referred to
as zero-to-peak sound pressure or 0-pk) is the maximum instantaneous
sound pressure measurable in the water at a specified distance from the
source and is represented in the same units as the rms sound pressure.
When underwater objects vibrate or activity occurs, sound-pressure
waves are created. These waves alternately compress and decompress the
water as the sound wave travels. Underwater sound waves radiate in a
manner similar to ripples on the surface of a pond and may be either
directed in a beam or beams or may radiate in all directions
(omnidirectional sources), as is the case for sound produced by the
pile driving activity considered here. The compressions and
decompressions associated with sound waves are detected as changes in
pressure by aquatic life and man-made sound receptors such as
hydrophones.
Even in the absence of sound from the specified activity, the
underwater environment is typically loud due to ambient sound, which is
defined as environmental background sound levels lacking a single
source or point (Richardson et al., 1995). The sound level of a region
is defined by the total acoustical energy being generated by known and
unknown sources. These sources may include physical (e.g., wind and
waves, earthquakes, ice, atmospheric sound), biological (e.g., sounds
produced by marine mammals, fish, and invertebrates), and anthropogenic
(e.g., vessels, dredging, construction) sound. A number of sources
contribute to ambient sound, including wind and waves, which are a main
source of naturally occurring ambient sound for frequencies between 200
Hz and 50 kHz (Mitson, 1995). In general, ambient sound levels tend to
increase with increasing wind speed and wave height. Precipitation can
become an important component of total sound at frequencies above 500
Hz, and possibly down to 100 Hz during quiet times. Marine mammals can
contribute significantly to ambient sound levels, as can some fish and
snapping shrimp. The frequency band for biological contributions is
from approximately 12 Hz to over 100 kHz. Sources of ambient sound
related to human activity include transportation (surface vessels),
dredging and construction, oil and gas drilling and production,
geophysical surveys, sonar, and explosions. Vessel noise typically
dominates the total ambient sound for frequencies between 20 and 300
Hz. In general, the frequencies of anthropogenic sounds are below 1 kHz
and, if higher frequency sound levels are created, they attenuate
rapidly.
The sum of the various natural and anthropogenic sound sources that
comprise ambient sound at any given location and time depends not only
on the source levels (as determined by current weather conditions and
levels of biological and human activity) but also on the ability of
sound to propagate through the environment. In turn, sound propagation
is dependent on the spatially and temporally varying properties of the
water column and sea floor, and is frequency-dependent. As a result of
the dependence on a large number of varying factors, ambient sound
levels can be expected to vary widely over both coarse and fine spatial
and temporal scales. Sound levels at a given frequency and location can
vary by 10-20 dB from day to day (Richardson et al., 1995). The result
is that, depending on the source type and its intensity, sound from the
specified activity may be a negligible addition to the local
environment or could form a distinctive signal that may affect marine
mammals. Details of source types are described in the following text.
Sounds are often considered to fall into one of two general types:
Pulsed and non-pulsed (defined in the following). The distinction
between these two sound types is important because they have differing
potential to cause physical effects, particularly with regard to
hearing (e.g., Ward, 1997 in Southall et al., 2007). Please see
Southall et al. (2007) for an in-depth discussion of these concepts.
The distinction between these two sound types is not always obvious, as
certain signals share properties of both pulsed and non-pulsed sounds.
A signal near a source could be categorized as a pulse, but due to
propagation effects as it moves farther from the source, the signal
duration becomes longer (e.g., Greene and Richardson, 1988).
Pulsed sound sources (e.g., airguns, explosions, gunshots, sonic
booms, impact pile driving) produce signals that are brief (typically
considered to be less than one second), broadband, atonal transients
(ANSI, 1986, 2005; Harris, 1998; NIOSH, 1998; ISO, 2003) and occur
either as isolated events or repeated in some succession. Pulsed sounds
are all characterized by a relatively rapid rise from ambient pressure
to a maximal pressure value followed by a rapid decay period that may
include a period of diminishing, oscillating maximal and minimal
pressures, and generally have an increased capacity to induce physical
injury as compared with sounds that lack these features.
Non-pulsed sounds can be tonal, narrowband, or broadband, brief or
prolonged, and may be either continuous or intermittent (ANSI, 1995;
NIOSH, 1998). Some of these non-pulsed sounds can be transient signals
of short duration but without the essential properties of pulses (e.g.,
rapid rise time). Examples of non-pulsed sounds include those produced
by vessels, aircraft, machinery operations such as drilling or
dredging, vibratory pile driving, and active sonar systems. The
duration of such sounds, as received at a distance, can be greatly
extended in a highly reverberant environment.
Sparkers and boomers produce pulsed signals with energy in the
frequency ranges specified in Table 1. The amplitude of the acoustic
wave emitted from sparker sources is equal in all directions (i.e.,
omnidirectional), while other sources planned for use during the
proposed surveys have some degree of directionality to the beam, as
specified in Table 1. Other sources planned for use during the proposed
survey activity (e.g., CHIRP SBPs) should be considered non-pulsed,
intermittent sources.
Summary on Specific Potential Effects of Acoustic Sound Sources
Underwater sound from active acoustic sources can include one or
more of the following: Temporary or permanent hearing impairment, non-
auditory physical or physiological effects, behavioral disturbance,
stress, and masking. The degree of effect is intrinsically related to
the signal characteristics, received level, distance from the source,
and duration of the sound exposure. Marine mammals exposed to high-
intensity sound, or to lower-intensity sound for prolonged periods, can
experience hearing threshold shift (TS), which is the loss of hearing
sensitivity at certain frequency ranges (Finneran, 2015). TS can be
permanent (PTS), in which case the loss of hearing sensitivity is not
fully recoverable, or temporary (TTS), in which case the animal's
hearing threshold would recover over time (Southall et al., 2007).
Animals in the vicinity of Ocean Wind's proposed HRG survey
activity are unlikely to incur even TTS due to the characteristics of
the sound sources, which include relatively low source levels (176 to
205 dB re 1 [micro]Pa-m) and generally very short pulses and potential
duration of exposure. These characteristics mean that instantaneous
[[Page 14831]]
exposure is unlikely to cause TTS, as it is unlikely that exposure
would occur close enough to the vessel for received levels to exceed
peak pressure TTS criteria, and that the cumulative duration of
exposure would be insufficient to exceed cumulative sound exposure
level (SEL) criteria. Even for high-frequency cetacean species (e.g.,
harbor porpoises), which have the greatest sensitivity to potential
TTS, individuals would have to make a very close approach and also
remain very close to vessels operating these sources in order to
receive multiple exposures at relatively high levels, as would be
necessary to cause TTS. Intermittent exposures--as would occur due to
the brief, transient signals produced by these sources--require a
higher cumulative SEL to induce TTS than would continuous exposures of
the same duration (i.e., intermittent exposure results in lower levels
of TTS). Moreover, most marine mammals would more likely avoid a loud
sound source rather than swim in such close proximity as to result in
TTS. Kremser et al. (2005) noted that the probability of a cetacean
swimming through the area of exposure when a sub-bottom profiler emits
a pulse is small--because if the animal was in the area, it would have
to pass the transducer at close range in order to be subjected to sound
levels that could cause TTS and would likely exhibit avoidance behavior
to the area near the transducer rather than swim through at such a
close range. Further, the restricted beam shape of many of HRG survey
devices planned for use (Table 1) makes it unlikely that an animal
would be exposed more than briefly during the passage of the vessel.
Behavioral disturbance may include a variety of effects, including
subtle changes in behavior (e.g., minor or brief avoidance of an area
or changes in vocalizations), more conspicuous changes in similar
behavioral activities, and more sustained and/or potentially severe
reactions, such as displacement from or abandonment of high-quality
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic
factors (e.g., species, state of maturity, experience, current
activity, reproductive state, auditory sensitivity, time of day), as
well as the interplay between factors. Available studies show wide
variation in response to underwater sound; therefore, it is difficult
to predict specifically how any given sound in a particular instance
might affect marine mammals perceiving the signal.
In addition, sound can disrupt behavior through masking, or
interfering with, an animal's ability to detect, recognize, or
discriminate between acoustic signals of interest (e.g., those used for
intraspecific communication and social interactions, prey detection,
predator avoidance, navigation). Masking occurs when the receipt of a
sound is interfered with by another coincident sound at similar
frequencies and at similar or higher intensity, and may occur whether
the sound is natural (e.g., snapping shrimp, wind, waves,
precipitation) or anthropogenic (e.g., shipping, sonar, seismic
exploration) in origin. Marine mammal communications would not likely
be masked appreciably by the acoustic signals given the directionality
of the signals for most HRG survey equipment types planned for use
(Table 1) and the brief period when an individual mammal is likely to
be exposed.
Sound may affect marine mammals through impacts on the abundance,
behavior, or distribution of prey species (e.g., crustaceans,
cephalopods, fish, zooplankton) (i.e., effects to marine mammal
habitat). Prey species exposed to sound might move away from the sound
source, experience TTS, experience masking of biologically relevant
sounds, or show no obvious direct effects. The most likely impacts (if
any) for most prey species in a given area would be temporary avoidance
of the area. Surveys using active acoustic sound sources move through
an area relatively quickly, limiting exposure to multiple pulses. In
all cases, sound levels would return to ambient once a survey ends and
the noise source is shut down and, when exposure to sound ends,
behavioral and/or physiological responses are expected to end
relatively quickly. Finally, the HRG survey equipment will not have
significant impacts to the seafloor and does not represent a source of
pollution.
Vessel Strike
Vessel collisions with marine mammals, or ship strikes, can result
in death or serious injury of the animal. These interactions are
typically associated with large whales, which are less maneuverable
than are smaller cetaceans or pinnipeds in relation to large vessels.
Ship strikes generally involve commercial shipping vessels, which are
generally larger and of which there is much more traffic in the ocean
than geophysical survey vessels. Jensen and Silber (2004) summarized
ship strikes of large whales worldwide from 1975-2003 and found that
most collisions occurred in the open ocean and involved large vessels
(e.g., commercial shipping). For vessels used in geophysical survey
activities, vessel speed while towing gear is typically only 4-5 knots
(4.6-5.7 mph). At these speeds, both the possibility of striking a
marine mammal and the possibility of a strike resulting in serious
injury or mortality are so low as to be discountable. At average
transit speed for geophysical survey vessels, the probability of
serious injury or mortality resulting from a strike is less than 50
percent. However, the likelihood of a strike actually happening is
again low given the smaller size of these vessels and generally slower
speeds. Notably in the Jensen and Silber study, no strike incidents
were reported for geophysical survey vessels during that time period.
The potential effects of Ocean Wind's specified survey activity are
expected to be limited to Level B behavioral harassment. No permanent
or temporary auditory effects, or significant impacts to marine mammal
habitat, including prey, are expected.
Estimated Take
This section provides an estimate of the number of incidental takes
proposed for authorization through this IHA, which will inform both
NMFS' consideration of ``small numbers'' and the negligible impact
determination.
Harassment is the only type of take expected to result from these
activities. Except with respect to certain activities not pertinent
here, section 3(18) of the MMPA defines ``harassment'' as any act of
pursuit, torment, or annoyance, which (i) has the potential to injure a
marine mammal or marine mammal stock in the wild (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 (Level B harassment).
Authorized takes would be by Level B harassment only, in the form
of disruption of behavioral patterns for individual marine mammals
resulting from exposure to noise from certain HRG acoustic sources.
Based primarily on the characteristics of the signals produced by the
acoustic sources planned for use, Level A harassment is neither
anticipated (even absent mitigation), nor proposed to be authorized.
Consideration of the anticipated effectiveness of the mitigation
measures (i.e., exclusion zones and shutdown measures), discussed in
detail below in the Proposed Mitigation section, further strengthens
the conclusion that Level A harassment is not a reasonably anticipated
outcome of the survey activity. As described previously, no
[[Page 14832]]
serious injury or mortality is anticipated or proposed to be authorized
for this activity. Below we describe how the take is estimated.
Generally speaking, we estimate take by considering: (1) Acoustic
thresholds above which NMFS believes the best available science
indicates marine mammals will be behaviorally harassed or incur some
degree of permanent hearing impairment; (2) the area or volume of water
that will be ensonified above these levels in a day; (3) the density or
occurrence of marine mammals within these ensonified areas; and, (4)
and the number of days of activities. We note that while these basic
factors can contribute to a basic calculation to provide an initial
prediction of takes, additional information that can qualitatively
inform take estimates is also sometimes available (e.g., previous
monitoring results or average group size). Below, we describe the
factors considered here in more detail and present the proposed take
estimates.
Acoustic Thresholds
NMFS uses acoustic thresholds that identify the received level of
underwater sound above which exposed marine mammals would be reasonably
expected to be behaviorally harassed (equated to Level B harassment) or
to incur PTS of some degree (equated to Level A harassment).
Level B Harassment--Though significantly driven by received level,
the onset of behavioral disturbance from anthropogenic noise exposure
is also informed to varying degrees by other factors related to the
source (e.g., frequency, predictability, duty cycle), the environment
(e.g., bathymetry), and the receiving animals (hearing, motivation,
experience, demography, behavioral context) and can be difficult to
predict (Southall et al., 2007; Ellison et al., 2012). NMFS uses a
generalized acoustic threshold based on received level to estimate the
onset of behavioral harassment. NMFS predicts that marine mammals may
be behaviorally harassed (i.e., Level B harassment) when exposed to
underwater anthropogenic noise above received levels of 160 dB re 1
[mu]Pa (rms) for the impulsive sources (i.e., boomers, sparkers) and
non-impulsive, intermittent sources (e.g., CHIRP SBPs) evaluated here
for Ocean Wind's proposed activity.
Level A Harassment--NMFS' Technical Guidance for Assessing the
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0)
(Technical Guidance, 2018) identifies dual criteria to assess auditory
injury (Level A harassment) to five different marine mammal groups
(based on hearing sensitivity) as a result of exposure to noise from
two different types of sources (impulsive or non-impulsive). For more
information, see NMFS' 2018 Technical Guidance, which may be accessed
at <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
Ocean Wind's proposed activity includes the use of impulsive (i.e.,
sparkers and boomers) and non-impulsive (e.g., CHIRP SBP) sources.
However, as discussed above, NMFS has concluded that Level A harassment
is not a reasonably likely outcome for marine mammals exposed to noise
through use of the sources proposed for use here, and the potential for
Level A harassment is not evaluated further in this document. Please
see Ocean Wind's application for details of a quantitative exposure
analysis exercise, i.e., calculated Level A harassment isopleths and
estimated Level A harassment exposures. Maximum estimated Level A
harassment isopleths were less than 5 m for all sources and hearing
groups with the exception of an estimated 18 m and 21 m zone calculated
for high-frequency cetaceans during use of the TB Chirp III and
GeoPulse 5430 CHIRP SBP, respectively (see Table 1 for source
characteristics). Ocean Wind did not request authorization of take by
Level A harassment, and no take by Level A harassment is proposed for
authorization by NMFS.
Ensonified Area
NMFS has developed a user-friendly methodology for estimating the
extent of the Level B harassment isopleths associated with relevant HRG
survey equipment (NMFS, 2020). This methodology incorporates frequency
and directionality to refine estimated ensonified zones. For acoustic
sources that operate with different beamwidths, the maximum beamwidth
was used, and the lowest frequency of the source was used when
calculating the frequency-dependent absorption coefficient (Table 1).
NMFS considers the data provided by Crocker and Fratantonio (2016)
to represent the best available information on source levels associated
with HRG equipment and, therefore, recommends that source levels
provided by Crocker and Fratantonio (2016) be incorporated in the
method described above to estimate isopleth distances to harassment
thresholds. In cases when the source level for a specific type of HRG
equipment is not provided in Crocker and Fratantonio (2016), NMFS
recommends that either the source levels provided by the manufacturer
be used, or, in instances where source levels provided by the
manufacturer are unavailable or unreliable, a proxy from Crocker and
Fratantonio (2016) be used instead. Table 1 shows the HRG equipment
types that may be used during the proposed surveys and the source
levels associated with those HRG equipment types.
Results of modeling using the methodology described above indicated
that, of the HRG survey equipment planned for use by Ocean Wind that
has the potential to result in Level B harassment of marine mammals,
the Applied Acoustics Dura-Spark UHD and GeoMarine Geo-Source sparkers
would produce the largest Level B harassment isopleth (141 m).
Estimated Level B harassment isopleths for all sources evaluated here,
including the sparkers, are provided in Table 4. Although Ocean Wind
does not expect to use sparker sources on all planned survey days, it
proposes to assume for purposes of analysis that the sparker would be
used on all survey days. This is a conservative approach, as the actual
sources used on individual survey days may produce smaller harassment
distances.
Table 4--Distances to Level B Harassment Threshold
[160 dB rms]
------------------------------------------------------------------------
Distance to
Level B
Equipment harassment
threshold
(m)
------------------------------------------------------------------------
ET 216 CHIRP............................................... 9
ET 424 CHIRP............................................... 4
ET 512i CHIRP.............................................. 6
GeoPulse 5430A............................................. 21
TB CHIRP III............................................... 48
Pangeo SBI................................................. 22
AA Triple plate S-Boom (700/1,000 J)....................... 34
AA, Dura-spark UHD Sparkers................................ 141
GeoMarine Sparkers......................................... 141
------------------------------------------------------------------------
Marine Mammal Occurrence
In this section, NMFS provides information about the presence,
density, or group dynamics of marine mammals that informs the take
calculations.
Habitat-based density models produced by the Duke University Marine
Geospatial Ecology Laboratory (Roberts et al., 2016, 2017, 2018, 2020)
represent the best available information regarding marine mammal
densities in the survey area. The density data presented by Roberts et
al. (2016, 2017, 2018, 2020) incorporates aerial and shipboard line-
transect survey data from NMFS and other organizations and
[[Page 14833]]
incorporates data from 8 physiographic and 16 dynamic oceanographic and
biological covariates, and controls for the influence of sea state,
group size, availability bias, and perception bias on the probability
of making a sighting. These density models were originally developed
for all cetacean taxa in the U.S. Atlantic (Roberts et al., 2016). In
subsequent years, certain models have been updated based on additional
data as well as certain methodological improvements. More information
is available online at <a href="http://seamap.env.duke.edu/models/Duke-EC-GOM-2015/">seamap.env.duke.edu/models/Duke-EC-GOM-2015/</a>.
Marine mammal density estimates in the survey area (animals/km\2\) were
obtained using the most recent model results for all taxa (Roberts et
al., 2016, 2017, 2018, 2020). The updated models incorporate additional
sighting data, including sightings from NOAA's Atlantic Marine
Assessment Program for Protected Species (AMAPPS) surveys.
For the exposure analysis, density data from Roberts et al. (2016,
2017, 2018, 2020) were mapped using a geographic information system
(GIS). Density grid cells that included any portion of the proposed
survey area were selected for all survey months (see Figure 3 in Ocean
Wind's application).
Densities from each of the selected density blocks were averaged
for each month available to provide monthly density estimates for each
species (when available based on the temporal resolution of the model
products), along with the average annual density. Please see Tables 7
of Ocean Wind's application for density values used in the exposure
estimation process. Additional data regarding average group sizes from
survey effort in the region was considered to ensure adequate take
estimates are evaluated.
Take Calculation and Estimation
Here NMFS describes how the information provided above is brought
together to produce a quantitative take estimate. In order to estimate
the number of marine mammals predicted to be exposed to sound levels
that would result in harassment, radial distances to predicted
isopleths corresponding to Level B harassment thresholds are
calculated, as described above. The maximum distance (i.e., 141 m
distance associated with sparkers) to the Level B harassment criterion
and the estimated trackline distance traveled per day by a given survey
vessel (i.e., 70 km) are then used to calculate the daily ensonified
area, or zone of influence (ZOI) around the survey vessel.
The ZOI is a representation of the maximum extent of the ensonified
area around a sound source over a 24-hr period. The ZOI for each piece
of equipment operating below 200 kHz was calculated per the following
formula:
ZOI = (Distance/day x 2r) + [pi]r\2\
Where r is the linear distance from the source to the harassment
isopleth.
ZOIs associated with all sources with the expected potential to
cause take of marine mammals are provided in Table 6 of Ocean Wind's
application. The largest daily ZOI (19.8 km\2\), associated with the
various sparkers proposed for use, was applied to all planned survey
days.
Potential Level B harassment exposures are estimated by multiplying
the average annual density of each species within either the Lease Area
or potential ECR area by the daily ZOI. That product is then multiplied
by the number of operating days expected for the survey in each area
assessed, and the product is rounded to the nearest whole number. These
results are shown in Table 5.
Table 5--Summary of Take Numbers Proposed for Authorization
----------------------------------------------------------------------------------------------------------------
Level B
Species Abundance harassment Max percent
takes \1\ population
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale...................................... 368 11 2.98
Fin whale....................................................... 6,802 4 <1
Sei whale....................................................... 6,292 0 (1) <1
Minke whale..................................................... 21,968 1 <1
Humpback whale.................................................. 1,393 2 <1
Sperm whale \3\................................................. 4,349 0 (3) <1
Atlantic white-sided dolphin.................................... 93,233 6 (50) <1
Atlantic spotted dolphin........................................ 39,921 2 (15) <1
Common bottlenose dolphin: \2\
Offshore Stock.............................................. 62,851 1,842 2.9
Migratory Stock............................................. 6,639 27.75
Pilot Whales: \3\
Short-finned pilot whale.................................... 28,924 1 (20) <1
Long-finned pilot whale..................................... 39,215 1 (20) <1
Risso's dolphin................................................. 35,215 0 (30) <1
Common dolphin.................................................. 172,974 54 (400) <1
Harbor porpoise................................................. 95,543 90 <1
Seals: \4\
Gray seal................................................... 451,600 25 <1
Harbor seal................................................. 61,336 25 <1
----------------------------------------------------------------------------------------------------------------
\1\ Parentheses denote proposed take authorization where different from calculated take estimates. Increases
from calculated values are based on assumed average group size for the species; sei whale, Kenney and Vigness-
Raposa, 2010; sperm whale and Risso's dolphin, Barkaszi and Kelly, 2018.
\2\ At this time, Orsted is not able to identify how much work would occur inshore and offshore of the 20 m
isobaths, a common delineation between offshore and coastal bottlenose dolphin stocks. Because Roberts et al.
does not provide density estimates for individual stocks of common bottlenose dolphins, the take presented
here is the total estimated take for both stocks. Although unlikely, for our analysis, we assume all takes
could be allocated to either stock.
\3\ Roberts (2018) only provides density estimates for pilot whales as a guild. The pilot whale density values
were applied to both species of pilot whale; therefore, the total take number proposed for authorization for
pilot whales (4) is double the estimated take number for the guild.
\4\ Roberts (2018) only provides density estimates for seals without differentiating by species. Harbor seals
and gray seals are assumed to occur equally; therefore, density values were split evenly between the two
species, i.e., total estimated take for ``seals'' is 22.
[[Page 14834]]
The take numbers shown in Table 5 are those requested by Ocean
Wind. NMFS concurs with the requested take numbers and proposes to
authorize them. Previous monitoring data compiled by Ocean Wind
(available online at: <a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-marine-site-characterization-surveys-offshore-new">www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-marine-site-characterization-surveys-offshore-new</a>) suggests that the proposed take numbers for authorization are
sufficient.
Proposed Mitigation
In order to issue an IHA under section 101(a)(5)(D) of the MMPA,
NMFS must set forth the permissible methods of taking pursuant to the
activity, and other 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 on
the availability of the species or stock for taking for certain
subsistence uses (latter not applicable for this action). NMFS
regulations require applicants for incidental take authorizations to
include information about the availability and feasibility (economic
and technological) of equipment, methods, and manner of conducting the
activity or other means of effecting the least practicable adverse
impact upon the affected species or stocks and their habitat (50 CFR
216.104(a)(11)).
In evaluating how mitigation may or may not be appropriate to
ensure the least practicable adverse impact on species or stocks and
their habitat, as well as subsistence uses where applicable, we
carefully consider two primary factors:
(1) The manner in which, and the degree to which, the successful
implementation of the measure(s) is expected to reduce impacts to
marine mammals, marine mammal species or stocks, and their habitat.
This considers the nature of the potential adverse impact being
mitigated (likelihood, scope, range). It further considers the
likelihood that the measure will be effective if implemented
(probability of accomplishing the mitigating result if implemented as
planned), the likelihood of effective implementation (probability
implemented as planned); and
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost and impact on
operations.
Mitigation for Marine Mammals and Their Habitat
NMFS proposes the following mitigation measures be implemented
during Ocean Wind's proposed marine site characterization surveys.
Pursuant to section 7 of the ESA, Ocean Wind would also be required to
adhere to relevant Project Design Criteria (PDC) of the NMFS' Greater
Atlantic Regional Fisheries Office (GARFO) programmatic consultation
(specifically PDCs 4, 5, and 7) regarding geophysical surveys along the
U.S. Atlantic coast (<a href="https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation">https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation</a>).
Marine Mammal Exclusion Zones and Harassment Zones
Marine mammal exclusion zones (EZ) would be established around the
HRG survey equipment and monitored by protected species observers
(PSOs):
<bullet> 500 m EZ for North Atlantic right whales during use of
specified acoustic sources (sparkers, boomers, and non-parametric sub-
bottom profilers).
<bullet> 100 m EZ for all other marine mammals, with certain
exceptions specified below, during operation of impulsive acoustic
sources (boomer and/or sparker).
If a marine mammal is detected approaching or entering the EZs
during the HRG survey, the vessel operator would adhere to the shutdown
procedures described below to minimize noise impacts on the animals.
These stated requirements will be included in the site-specific
training to be provided to the survey team. We note that in their
application, Ocean Wind requested an EZ of 50 m for all dolphins,
seals, and porpoises and also requested that the shutdown requirements
be waived for all dolphin, seal, and porpoise species for which take is
authorized. NMFS has preliminarily determined that the standard 100 m
EZ for these species is appropriate, with only limited waiver of
shutdown requirements as described in the Shutdown Procedures section
below.
Pre-Start Clearance
Marine mammal clearance zones would be established around the HRG
survey equipment and monitored by protected species observers (PSOs):
<bullet> 500 m for all ESA-listed marine mammals; and
<bullet> 100 m for non all other marine mammals.
Ocean Wind would implement a 30-minute pre-start clearance period
prior to the initiation of ramp-up of specified HRG equipment (see
exception to this requirement in the Shutdown Procedures section below)
During this period, clearance zones will be monitored by the PSOs,
using the appropriate visual technology. Ramp-up may not be initiated
if any marine mammal(s) is within its respective clearance zone. If a
marine mammal is observed within an clearance zone during the pre-start
clearance period, ramp-up may not begin until the animal(s) has been
observed exiting its respective exclusion zone or until an additional
time period has elapsed with no further sighting (i.e., 15 minutes for
small odontocetes and seals, and 30 minutes for all other species).
Ramp-Up of Survey Equipment
A ramp-up procedure, involving a gradual increase in source level
output, is required at all times as part of the activation of the
acoustic source when technically feasible. The ramp-up procedure would
be used at the beginning of HRG survey activities in order to provide
additional protection to marine mammals near the survey area by
allowing them to vacate the area prior to the commencement of survey
equipment operation at full power. Operators should ramp up sources to
half power for 5 minutes and then proceed to full power.
Ramp-up activities will be delayed if a marine mammal(s) enters its
respective exclusion zone. Ramp-up will continue if the animal has been
observed exiting its respective exclusion zone or until an additional
time period has elapsed with no further sighting (i.e, 15 minutes for
small odontocetes and seals and 30 minutes for all other species).
Ramp-up may occur at times of poor visibility, including nighttime,
if appropriate visual monitoring has occurred with no detections of
marine mammals in the 30 minutes prior to beginning ramp-up. Acoustic
source activation may only occur at night where operational planning
cannot reasonably avoid such circumstances.
Shutdown Procedures
An immediate shutdown of the impulsive HRG survey equipment would
be required if a marine mammal is sighted entering or within its
respective exclusion zone. The vessel operator must comply immediately
with any call for shutdown by the Lead PSO. Any disagreement between
the Lead PSO and vessel operator should be discussed only after
shutdown has occurred. Subsequent restart of the survey equipment can
be initiated if the animal has been observed exiting its respective
exclusion zone or until an additional time period has elapsed (i.e.,
[[Page 14835]]
15 minutes for harbor porpoise, 30 minutes for all other species).
If a species for which authorization has not been granted, or, a
species for which authorization has been granted but the authorized
number of takes have been met, approaches or is observed within the
Level B harassment zone (Table 4), shutdown would occur.
If the acoustic source is shut down for reasons other than
mitigation (e.g., mechanical difficulty) for less than 30 minutes, it
may be activated again without ramp-up if PSOs have maintained constant
observation and no detections of any marine mammal have occurred within
the respective exclusion zones. If the acoustic source is shut down for
a period longer than 30 minutes, then pre-clearance and ramp-up
procedures will be initiated as described in the previous section.
The shutdown requirement would be waived for pinnipeds and for
small delphinids of the following genera: Delphinus, Lagenorhynchus,
Stenella, and Tursiops. Specifically, if a delphinid from the specified
genera or a pinniped is visually detected approaching the vessel (i.e.,
to bow ride) or towed equipment, shutdown is not required. Furthermore,
if there is uncertainty regarding identification of a marine mammal
species (i.e., whether the observed marine mammal(s) belongs to one of
the delphinid genera for which shutdown is waived), PSOs must use best
professional judgement in making the decision to call for a shutdown.
Additionally, shutdown is required if a delphinid or pinniped detected
in the exclusion zone and belongs to a genus other than those
specified.
Shutdown, pre-start clearance, and ramp-up procedures are not
required during HRG survey operations using only non-impulsive sources
(e.g., echosounders) other than non-parametric sub-bottom profilers
(e.g., CHIRPs).
Vessel Strike Avoidance
Ocean Wind must adhere to the following measures except in the case
where compliance would create an imminent and serious threat to a
person or vessel or to the extent that a vessel is restricted in its
ability to maneuver and, because of the restriction, cannot comply.
<bullet> Vessel operators and crews must maintain a vigilant watch
for all protected species and slow down, stop their vessel, or alter
course, as appropriate and regardless of vessel size, to avoid striking
any protected species. A visual observer aboard the vessel must monitor
a vessel strike avoidance zone based on the appropriate separation
distance around the vessel (distances stated below). Visual observers
monitoring the vessel strike avoidance zone may be third-party
observers (i.e., PSOs) or crew members, but crew members responsible
for these duties must be provided sufficient training to (1)
distinguish protected species from other phenomena and (2) broadly to
identify a marine mammal as a right whale, other whale (defined in this
context as sperm whales or baleen whales other than right whales), or
other marine mammal.
<bullet> Members of the monitoring team will consult NMFS North
Atlantic right whale reporting system and Whale Alert, as able, for the
presence of North Atlantic right whales throughout survey operations,
and for the establishment of a DMA. If NMFS should establish a DMA in
the survey area during the survey, the vessels will abide by speed
restrictions in the DMA.
<bullet> All survey vessels, regardless of size, must observe a 10-
knot speed restriction in specific areas designated by NMFS for the
protection of North Atlantic right whales from vessel strikes including
seasonal management areas (SMAs) and dynamic management areas (DMAs)
when in effect;
<bullet> All vessels greater than or equal to 19.8 m in overall
length operating from November 1 through April 30 will operate at
speeds of 10 knots or less at all times;
<bullet> All vessels must reduce their speed to 10 knots or less
when mother/calf pairs, pods, or large assemblages of cetaceans are
observed near a vessel;
<bullet> All vessels must maintain a minimum separation distance of
500 m from right whales and other ESA-listed large whales;
<bullet> If a whale is observed but cannot be confirmed as a
species other than a right whale or other ESA-listed large whale, the
vessel operator must assume that it is a right whale and take
appropriate action;
<bullet> All vessels must maintain a minimum separation distance of
100 m from non-ESA listed whales;
<bullet> All vessels must, to the maximum extent practicable,
attempt to maintain a minimum separation distance of 50 m from all
other marine mammals, with an understanding that at times this may not
be possible (e.g., for animals that approach the vessel).
<bullet> When marine mammals are sighted while a vessel is
underway, the vessel shall take action as necessary to avoid violating
the relevant separation distance (e.g., attempt to remain parallel to
the animal's course, avoid excessive speed or abrupt changes in
direction until the animal has left the area). If marine mammals are
sighted within the relevant separation distance, the vessel must reduce
speed and shift the engine to neutral, not engaging the engines until
animals are clear of the area. This does not apply to any vessel towing
gear or any vessel that is navigationally constrained.
Project-specific training will be conducted for all vessel crew
prior to the start of a survey and during any changes in crew such that
all survey personnel are fully aware and understand the mitigation,
monitoring, and reporting requirements. Prior to implementation with
vessel crews, the training program will be provided to NMFS for review
and approval. Confirmation of the training and understanding of the
requirements will be documented on a training course log sheet. Signing
the log sheet will certify that the crew member understands and will
comply with the necessary requirements throughout the survey
activities.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has preliminarily
determined that the proposed mitigation measures provide the means of
effecting the least practicable impact on marine mammal species or
stocks and their habitat, paying particular attention to rookeries,
mating grounds, and areas of similar significance.
Proposed Monitoring and Reporting
In order to issue an IHA for an activity, section 101(a)(5)(D) of
the MMPA states that NMFS must set forth requirements pertaining to the
monitoring and reporting of such taking. The MMPA implementing
regulations at 50 CFR 216.104(a)(13) indicate that requests for
authorizations must include the suggested means of accomplishing the
necessary monitoring and reporting that will result in increased
knowledge of the species and of the level of taking or impacts on
populations of marine mammals that are expected to be present in the
proposed action area. Effective reporting is critical both to
compliance as well as ensuring that the most value is obtained from the
required monitoring.
Monitoring and reporting requirements prescribed by NMFS should
contribute to improved understanding of one or more of the following:
<bullet> Occurrence of marine mammal species or stocks in the area
in which take is anticipated (e.g., presence, abundance, distribution,
density);
[[Page 14836]]
<bullet> Nature, scope, or context of likely marine mammal exposure
to potential stressors/impacts (individual or cumulative, acute or
chronic), through better understanding of: (1) Action or environment
(e.g., source characterization, propagation, ambient noise); (2)
affected species (e.g., life history, dive patterns); (3) co-occurrence
of marine mammal species with the action; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
Long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and
<bullet> Mitigation and monitoring effectiveness.
Proposed Monitoring Measures
Visual monitoring will be performed by qualified, NMFS-approved
PSOs, the resumes of whom will be provided to NMFS for review and
approval prior to the start of survey activities. Ocean Wind would
employ independent, dedicated, trained PSOs, meaning that the PSOs must
(1) be employed by a third-party observer provider, (2) have no tasks
other than to conduct observational effort, collect data, and
communicate with and instruct relevant vessel crew with regard to the
presence of marine mammals and mitigation requirements (including brief
alerts regarding maritime hazards), and (3) have successfully completed
an approved PSO training course appropriate for their designated task.
On a case-by-case basis, non-independent observers may be approved by
NMFS for limited, specific duties in support of approved, independent
PSOs on smaller vessels with limited crew capacity operating in
nearshore waters. Section 5 of the draft IHA contains further details
regarding PSO approval.
The PSOs will be responsible for monitoring the waters surrounding
each survey vessel to the farthest extent permitted by sighting
conditions, including exclusion zones, during all HRG survey
operations. PSOs will visually monitor and identify marine mammals,
including those approaching or entering the established exclusion zones
during survey activities. It will be the responsibility of the Lead PSO
on duty to communicate the presence of marine mammals as well as to
communicate the action(s) that are necessary to ensure mitigation and
monitoring requirements are implemented as appropriate.
During all HRG survey operations (e.g., any day on which use of an
HRG source is planned to occur), a minimum of one PSO must be on duty
during daylight operations on each survey vessel, conducting visual
observations at all times on all active survey vessels during daylight
hours (i.e., from 30 minutes prior to sunrise through 30 minutes
following sunset). Two PSOs will be on watch during nighttime
operations. The PSO(s) would ensure 360[deg] visual coverage around the
vessel from the most appropriate observation posts and would conduct
visual observations using binoculars and/or night vision goggles and
the naked eye while free from distractions and in a consistent,
systematic, and diligent manner. PSOs may be on watch for a maximum of
4 consecutive hours followed by a break of at least 2 hours between
watches and may conduct a maximum of 12 hours of observation per 24-hr
period. In cases where multiple vessels are surveying concurrently, any
observations of marine mammals would be communicated to PSOs on all
nearby survey vessels.
PSOs must be equipped with binoculars and have the ability to
estimate distance and bearing to detect marine mammals, particularly in
proximity to exclusion zones. Reticulated binoculars must also be
available to PSOs for use as appropriate based on conditions and
visibility to support the sighting and monitoring of marine mammals.
During nighttime operations, night-vision goggles with thermal clip-ons
and infrared technology would be used. Position data would be recorded
using hand-held or vessel GPS units for each sighting.
During good conditions (e.g., daylight hours; Beaufort sea state
(BSS) 3 or less), to the maximum extent practicable, PSOs would also
conduct observations when the acoustic source is not operating for
comparison of sighting rates and behavior with and without use of the
active acoustic sources. Any observations of marine mammals by crew
members aboard any vessel associated with the survey would be relayed
to the PSO team.
Data on all PSO observations would be recorded based on standard
PSO collection requirements. This would include dates, times, and
locations of survey operations; dates and times of observations,
location and weather; details of marine mammal sightings (e.g.,
species, numbers, behavior); and details of any observed marine mammal
behavior that occurs (e.g., noted behavioral disturbances).
Proposed Reporting Measures
Within 90 days after completion of survey activities or expiration
of this IHA, whichever comes sooner, a final technical report will be
provided to NMFS that fully documents the methods and monitoring
protocols, summarizes the data recorded during monitoring, summarizes
the number of marine mammals observed during survey activities (by
species, when known), summarizes the mitigation actions taken during
surveys (including what type of mitigation and the species and number
of animals that prompted the mitigation action, when known), and
provides an interpretation of the results and effectiveness of all
mitigation and monitoring. A final report must be submitted within 30
days following resolution of any comments on the draft report. All
draft and final marine mammal and acoustic monitoring reports must be
submitted to <a href="/cdn-cgi/l/email-protection#4111136f0815116f0c2e2f28352e33282f261324312e333532012f2e20206f262e37"><span class="__cf_email__" data-cfemail="d8888af6918c88f695b7b6b1acb7aab1b6bf8abda8b7aaacab98b6b7b9b9f6bfb7ae">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#165f42463852777a6f567879777738717960"><span class="__cf_email__" data-cfemail="400914106e04212c39002e2f21216e272f36">[email protected]</span></a>.
The report must contain at minimum, the following:
<bullet> PSO names and affiliations;
<bullet> Dates of departures and returns to port with port name;
<bullet> Dates and times (Greenwich Mean Time) of survey effort and
times corresponding with PSO effort;
<bullet> Vessel location (latitude/longitude) when survey effort
begins and ends; vessel location at beginning and end of visual PSO
duty shifts;
<bullet> Vessel heading and speed at beginning and end of visual
PSO duty shifts and upon any line change;
<bullet> Environmental conditions while on visual survey (at
beginning and end of PSO shift and whenever conditions change
significantly), including wind speed and direction, Beaufort sea state,
Beaufort wind force, swell height, weather conditions, cloud cover, sun
glare, and overall visibility to the horizon;
<bullet> Factors that may be contributing to impaired observations
during each PSO shift change or as needed as environmental conditions
change (e.g., vessel traffic, equipment malfunctions); and
<bullet> Survey activity information, such as type of survey
equipment in operation, acoustic source power output while in
operation, and any other notes of significance (i.e., pre-start
clearance
[[Page 14837]]
survey, ramp-up, shutdown, end of operations, etc.).
If a marine mammal is sighted, the following information should be
recorded:
<bullet> Watch status (sighting made by PSO on/off effort,
opportunistic, crew, alternate vessel/platform);
<bullet> PSO who sighted the animal;
<bullet> Time of sighting;
<bullet> Vessel location at time of sighting;
<bullet> Water depth;
<bullet> Direction of vessel's travel (compass direction);
<bullet> Direction of animal's travel relative to the vessel;
<bullet> Pace of the animal;
<bullet> Estimated distance to the animal and its heading relative
to vessel at initial sighting;
<bullet> Identification of the animal (e.g., genus/species, lowest
possible taxonomic level, or unidentified); also note the composition
of the group if there is a mix of species;
<bullet> Estimated number of animals (high/low/best);
<bullet> Estimated number of animals by cohort (adults, yearlings,
juveniles, calves, group composition, etc.);
<bullet> Description (as many distinguishing features as possible
of each individual seen, including length, shape, color, pattern, scars
or markings, shape and size of dorsal fin, shape of head, and blow
characteristics);
<bullet> Detailed behavior observations (e.g., number of blows,
number of surfaces, breaching, spyhopping, diving, feeding, traveling;
as explicit and detailed as possible; note any observed changes in
behavior);
<bullet> Animal's closest point of approach and/or closest distance
from the center point of the acoustic source;
<bullet> Platform activity at time of sighting (e.g., deploying,
recovering, testing, data acquisition, other); and
<bullet> Description of any actions implemented in response to the
sighting (e.g., delays, shutdown, ramp-up, speed or course alteration,
etc.) and time and location of the action.
If a North Atlantic right whale is observed at any time by PSOs or
personnel on any project vessels, during surveys or during vessel
transit, Ocean Wind must immediately report sighting information to the
NMFS North Atlantic Right Whale Sighting Advisory System: (866) 755-
6622. North Atlantic right whale sightings in any location may also be
reported to the U.S. Coast Guard via channel 16.
In the event that Ocean Wind personnel discover an injured or dead
marine mammal, Ocean Wind will report the incident to the NMFS Office
of Protected Resources (OPR) and the NMFS New England/Mid-Atlantic
Stranding Coordinator as soon as feasible. The report would include the
following information:
<bullet> Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Condition of the animal(s) (including carcass condition if
the animal is dead);
<bullet> Observed behaviors of the animal(s), if alive;
<bullet> If available, photographs or video footage of the
animal(s); and
<bullet> General circumstances under which the animal was
discovered.
In the unanticipated event of a ship strike of a marine mammal by
any vessel involved in the activities covered by the IHA, Ocean Wind
would report the incident to the NMFS OPR and the NMFS New England/Mid-
Atlantic Stranding Coordinator as soon as feasible. The report would
include the following information:
<bullet> Time, date, and location (latitude/longitude) of the
incident;
<bullet> Species identification (if known) or description of the
animal(s) involved;
<bullet> Vessel's speed during and leading up to the incident;
<bullet> Vessel's course/heading and what operations were being
conducted (if applicable);
<bullet> Status of all sound sources in use;
<bullet> Description of avoidance measures/requirements that were
in place at the time of the strike and what additional measures were
taken, if any, to avoid strike;
<bullet> Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility) immediately preceding the
strike;
<bullet> Estimated size and length of animal that was struck;
<bullet> Description of the behavior of the marine mammal
immediately preceding and following the strike;
<bullet> If available, description of the presence and behavior of
any other marine mammals immediately preceding the strike;
<bullet> Estimated fate of the animal (e.g., dead, injured but
alive, injured and moving, blood or tissue observed in the water,
status unknown, disappeared); and
<bullet> To the extent practicable, photographs or video footage of
the animal(s).
Negligible Impact Analysis and Determination
NMFS has defined negligible impact 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 (50 CFR 216.103). A
negligible impact finding is based on the lack of likely adverse
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through harassment, NMFS considers other factors, such as the
likely nature of any responses (e.g., intensity, duration), the context
of any responses (e.g., critical reproductive time or location,
migration), as well as effects on habitat, and the likely effectiveness
of the mitigation. NMFS also assesses the number, intensity, and
context of estimated takes by evaluating this information relative to
population status. Consistent with the 1989 preamble for NMFS's
implementing regulations (54 FR 40338; September 29, 1989), the impacts
from other past and ongoing anthropogenic activities are incorporated
into this analysis via their impacts on the environmental baseline
(e.g., as reflected in the regulatory status of the species, population
size and growth rate where known, ongoing sources of human-caused
mortality, or ambient noise levels).
To avoid repetition, our analysis applies to all the species listed
in Table 5 given that NMFS expects the anticipated effects of the
proposed survey to be similar in nature. Where there are meaningful
differences between species or stocks--as is the case of the North
Atlantic right whale--they are included as separate subsections below.
NMFS does not anticipate that serious injury or mortality would occur
as a result from HRG surveys, even in the absence of mitigation, and no
serious injury or mortality is proposed to be authorized. As discussed
in the Potential Effects section, non-auditory physical effects and
vessel strike are not expected to occur. NMFS expects that all
potential takes would be in the form of short-term Level B behavioral
harassment in the form of temporary avoidance of the area or decreased
foraging (if such activity was occurring), reactions that are
considered to be of low severity and with no lasting biological
consequences (e.g., Southall et al., 2007). Even repeated Level B
harassment of some small subset of an overall stock is unlikely to
result in any significant
[[Page 14838]]
realized decrease in viability for the affected individuals, and thus
would not result in any adverse impact to the stock as a whole. As
described above, Level A harassment is not expected to occur given the
nature of the operations, the estimated size of the Level A harassment
zones, and the required shutdown zones for certain activities.
In addition to being temporary, the maximum expected harassment
zone around a survey vessel is 141 m. Although this distance is assumed
for all survey activity in estimating take numbers proposed for
authorization and evaluated here, in reality much of the survey
activity would involve use of non-impulsive acoustic sources with a
reduced acoustic harassment zone of 48 m, producing expected effects of
particularly low severity. Therefore, the ensonified area surrounding
each vessel is relatively small compared to the overall distribution of
the animals in the area and their use of the habitat. Feeding behavior
is not likely to be significantly impacted as prey species are mobile
and are broadly distributed throughout the survey area; therefore,
marine mammals that may be temporarily displaced during survey
activities are expected to be able to resume foraging once they have
moved away from areas with disturbing levels of underwater noise.
Because of the temporary nature of the disturbance and the availability
of similar habitat and resources in the surrounding area, the impacts
to marine mammals and the food sources that they utilize are not
expected to cause significant or long-term consequences for individual
marine mammals or their populations.
There are no rookeries, mating or calving grounds known to be
biologically important to marine mammals within the proposed survey
area and there are no feeding areas known to be biologically important
to marine mammals within the proposed survey area. There is no
designated critical habitat for any ESA-listed marine mammals in the
proposed survey area.
North Atlantic Right Whales
The status of the North Atlantic right whale population is of
heightened concern and, therefore, merits additional analysis. As noted
previously, elevated North Atlantic right whale mortalities began in
June 2017 and there is an active UME. Overall, preliminary findings
support human interactions, specifically vessel strikes and
entanglements, as the cause of death for the majority of right whales.
As noted previously, the proposed survey area overlaps a migratory
corridor BIA for North Atlantic right whales. Due to the fact that the
proposed survey activities are temporary and the spatial extent of
sound produced by the survey would be very small relative to the
spatial extent of the available migratory habitat in the BIA, right
whale migration is not expected to be impacted by the proposed survey.
Given the relatively small size of the ensonified area, it is unlikely
that prey availability would be adversely affected by HRG survey
operations. Required vessel strike avoidance measures will also
decrease risk of ship strike during migration; no ship strike is
expected to occur during Ocean Wind's proposed activities.
Additionally, only very limited take by Level B harassment of North
Atlantic right whales has been requested and is being proposed for
authorization by NMFS as HRG survey operations are required to maintain
a 500 m EZ and shutdown if a North Atlantic right whale is sighted at
or within the EZ. The 500 m shutdown zone for right whales is
conservative, considering the Level B harassment isopleth for the most
impactful acoustic source (i.e., sparker) is estimated to be 141 m, and
thereby minimizes the potential for behavioral harassment of this
species. As noted previously, Level A harassment is not expected due to
the small PTS zones associated with HRG equipment types proposed for
use. NMFS does not anticipate North Atlantic right whales takes that
would result from Ocean Wind's proposed activities would impact annual
rates of recruitment or survival. Thus, any takes that occur would not
result in population level impacts.
Other Marine Mammal Species With Active UMEs
As noted previously, there are several active UMEs occurring in the
vicinity of Ocean Wind's proposed survey area. Elevated humpback whale
mortalities have occurred along the Atlantic coast from Maine through
Florida since January 2016. Of the cases examined, approximately half
had evidence of human interaction (ship strike or entanglement). The
UME does not yet provide cause for concern regarding population-level
impacts. Despite the UME, the relevant population of humpback whales
(the West Indies breeding population, or DPS) remains stable at
approximately 12,000 individuals.
Beginning in January 2017, elevated minke whale strandings have
occurred along the Atlantic coast from Maine through South Carolina,
with highest numbers in Massachusetts, Maine, and New York. This event
does not provide cause for concern regarding population level impacts,
as the likely population abundance is greater than 20,000 whales.
Elevated numbers of harbor seal and gray seal mortalities were
first observed in July 2018 and have occurred across Maine, New
Hampshire, and Massachusetts. Based on tests conducted so far, the main
pathogen found in the seals is phocine distemper virus, although
additional testing to identify other factors that may be involved in
this UME are underway. The UME does not yet provide cause for concern
regarding population-level impacts to any of these stocks. For harbor
seals, the population abundance is over 75,000 and annual M/SI (350) is
well below PBR (2,006) (Hayes et al., 2020). The population abundance
for gray seals in the United States is over 27,000, with an estimated
abundance, including seals in Canada, of approximately 450,000. In
addition, the abundance of gray seals is likely increasing in the U.S.
Atlantic as well as in Canada (Hayes et al., 2020).
The required mitigation measures are expected to reduce the number
and/or severity of proposed takes for all species listed in Table 5,
including those with active UMEs, to the level of least practicable
adverse impact. In particular they would provide animals the
opportunity to move away from the sound source throughout the survey
area before HRG survey equipment reaches full energy, thus preventing
them from being exposed to sound levels that have the potential to
cause injury (Level A harassment) or more severe Level B harassment. No
Level A harassment is anticipated, even in the absence of mitigation
measures, or proposed for authorization.
NMFS expects that takes would be in the form of short-term Level B
behavioral harassment by way of brief startling reactions and/or
temporary vacating of the area, or decreased foraging (if such activity
was occurring)--reactions that (at the scale and intensity anticipated
here) are considered to be of low severity, with no lasting biological
consequences. Since both the sources and marine mammals are mobile,
animals would only be exposed briefly to a small ensonified area that
might result in take. Additionally, required mitigation measures would
further reduce exposure to sound that could result in more severe
behavioral harassment.
In summary and as described above, the following factors primarily
support our preliminary determination that the impacts resulting from
this activity are
[[Page 14839]]
not expected to adversely affect the species or stock through effects
on annual rates of recruitment or survival:
<bullet> No mortality or serious injury is anticipated or proposed
for authorization;
<bullet> No Level A harassment (PTS) is anticipated, even in the
absence of mitigation measures, or proposed for authorization;
<bullet> Foraging success is not likely to be significantly
impacted as effects on species that serve as prey species for marine
mammals from the survey are expected to be minimal;
<bullet> The availability of alternate areas of similar habitat
value for marine mammals to temporarily vacate the survey area during
the planned survey to avoid exposure to sounds from the activity;
<bullet> Take is anticipated to be primarily Level B behavioral
harassment consisting of brief startling reactions and/or temporary
avoidance of the survey area;
<bullet> While the survey area is within areas noted as a migratory
BIA for North Atlantic right whales, the activities would occur in such
a comparatively small area such that any avoidance of the survey area
due to activities would not affect migration. In addition, mitigation
measures to shutdown at 500 m to minimize potential for Level B
behavioral harassment would limit any take of the species; and
<bullet> The proposed mitigation measures, including visual
monitoring and shutdowns, are expected to minimize potential impacts to
marine mammals.
Based on the analysis contained herein of the likely effects of the
specified activity on marine mammals and their habitat, and taking into
consideration the implementation of the proposed monitoring and
mitigation measures, NMFS preliminarily finds that the total marine
mammal take from the proposed activity will have a negligible impact on
all affected marine mammal species or stocks.
Small Numbers
As noted above, only small numbers of incidental take may be
authorized under sections 101(a)(5)(A) and (D) of the MMPA for
specified activities other than military readiness activities. The MMPA
does not define small numbers and so, in practice, where estimated
numbers are available, NMFS compares the number of individuals taken to
the most appropriate estimation of abundance of the relevant species or
stock in our determination of whether an authorization is limited to
small numbers of marine mammals. When the predicted number of
individuals to be taken is fewer than one third of the species or stock
abundance, the take is considered to be of small numbers. Additionally,
other qualitative factors may be considered in the analysis, such as
the temporal or spatial scale of the activities.
NMFS proposes to authorize incidental take of 16 marine mammal
species (with 17 managed stocks). The total amount of takes proposed
for authorization relative to the best available population abundance
is less than 22 percent for one stock (bottlenose dolphin northern
coastal migratory stock), less than 3 percent for the North Atlantic
right whale, and less than 1 percent for all other species and stocks,
which NMFS preliminarily finds are small numbers of marine mammals
relative to the estimated overall population abundances for those
stocks. See Table 5.
Based on the analysis contained herein of the proposed activity
(including the proposed mitigation and monitoring measures) and the
anticipated take of marine mammals, NMFS preliminarily finds that small
numbers of marine mammals will be taken relative to the population size
of the affected species or stocks.
Unmitigable Adverse Impact Analysis and Determination
There are no relevant subsistence uses of the affected marine
mammal stocks or species implicated by this action. Therefore, NMFS has
determined that the total taking of affected species or stocks would
not have an unmitigable adverse impact on the availability of such
species or stocks for taking for subsistence purposes.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS OPR consults internally whenever we propose to authorize take for
endangered or threatened species, in this case with NMFS Greater
Atlantic Regional Fisheries Office (GARFO).
NMFS OPR is proposing to authorize the incidental take of four
species of marine mammals which are listed under the ESA: The North
Atlantic right, fin, sei, and sperm whales. NMFS is proposing to
authorize take, by Level B harassment only, of NARWs, fin whales, and
sei whales which are listed under the ESA. On June 29, 2021 (revised
September 2021), GARFO completed an informal programmatic consultation
on the effects of certain site assessment and site characterization
activities to be carried out to support the siting of offshore wind
energy development projects off the U.S. Atlantic coast. Part of the
activities considered in the consultation are geophysical surveys such
as those proposed by Ocean Wind and for which we are proposing to
authorize take. GARFO concluded site assessment surveys (and issuance
of associated IHAs) are not likely to adversely affect endangered
species or adversely modify or destroy critical habitat. NMFS has
determined that issuance of the proposed IHA is covered under the
programmatic consultation.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to Ocean Wind for conducting marine site characterization
surveys off the coast of New Jersey for one year from the date of
issuance, provided the previously mentioned mitigation, monitoring, and
reporting requirements are incorporated. A draft of the proposed IHA
can be found at <a href="http://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>.
Request for Public Comments
We request comment on our analyses, the proposed authorization, and
any other aspect of this notice of proposed IHA for the proposed marine
site characterization surveys. We also request at this time comment on
the potential Renewal of this proposed IHA as described in the
paragraph below. Please include with your comments any supporting data
or literature citations to help inform decisions on the request for
this IHA or a subsequent Renewal IHA.
On a case-by-case basis, NMFS may issue a one-time, one-year
Renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical or
nearly identical, or nearly identical, activities as described in the
Description of Proposed Activity section of this notice is planned or
(2) the activities as described in the Description of Proposed Activity
section of this notice would not be completed by the time the IHA
expires and a renewal would allow for completion of the activities
beyond that described in the Dates and Duration section of this notice,
provided all of the following conditions are met:
[[Page 14840]]
<bullet> A request for renewal is received no later than 60 days
prior to the needed Renewal IHA effective date (recognizing that the
Renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
<bullet> The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested Renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
Upon review of the request for Renewal, the status of the affected
species or stocks, and any other pertinent information, NMFS determines
that there are no more than minor changes in the activities, the
mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: March 10, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-05477 Filed 3-15-22; 8:45 am]
BILLING CODE 3510-22-P
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