Notice2022-07258
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off of Coastal Virginia
Primary source
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Published
April 6, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Virginia Electric and Power Company doing business as Dominion Energy Virginia (Dominion Energy) for authorization to take marine mammals incidental to marine site characterization surveys off of Virginia in support of the Coastal Virginia Offshore Wind Commercial (CVOW Commercial) Project. 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-time, 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 66 (Wednesday, April 6, 2022)</title>
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[Federal Register Volume 87, Number 66 (Wednesday, April 6, 2022)]
[Notices]
[Pages 19864-19884]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07258]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB855]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys Off of Coastal Virginia
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 Virginia Electric and Power
Company doing business as Dominion Energy Virginia (Dominion Energy)
for authorization to take marine mammals incidental to marine site
characterization surveys off of Virginia in support of the Coastal
Virginia Offshore Wind Commercial (CVOW Commercial) Project. 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-time, 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 May 6,
2022.
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#145d40443a5075627d67547a7b75753a737b62"><span class="__cf_email__" data-cfemail="4e071a1e600a2f38273d0e20212f2f60292138">[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: Leah Davis, 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
[[Page 19865]]
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 we 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. We 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 September 30, 2021, NMFS received a request from Dominion Energy
for an IHA to take marine mammals incidental to marine site
characterization surveys off of Virginia. Dominion Energy submitted
revised applications on December 3, 2021, January 21, 2022 and March 2,
2022 in response to comments from NMFS. The application was deemed
adequate and complete on March 8, 2022. Dominion Energy's request is
for take of a small number of 16 species of marine mammals by Level B
harassment only. Neither Dominion Energy nor NMFS expects serious
injury or mortality to result from this activity and, therefore, an IHA
is appropriate.
NMFS previously issued IHAs to Dominion Energy for similar and
related work in the same general area (85 FR 55415; September 8, 2020
(modified on December 17, 2020 (85 FR 81879) and April 22, 2021 (86 FR
21298)), 85 FR 30930; May 21, 2020, and 83 FR 39062; August 8, 2018).
Dominion Energy complied with all the requirements (e.g., mitigation,
monitoring, and reporting) of the previous IHA and information
regarding their monitoring results may be found in the Estimated Take
section.
Description of Proposed Activity
Overview
As part of its overall marine site characterization survey
operations, Dominion Energy proposes to conduct high-resolution
geophysical (HRG) surveys in the Lease Area and along the Offshore
Export Cable Corridor (OECC) off of Virginia. The purpose of the
surveys is to locate and identify potential unexploded ordnance (UXO)
in support of the Dominion Energy Coastal Virginia Offshore Wind
Commercial Project. Underwater sound resulting from Dominion Energy's
proposed site characterization survey activities, specifically HRG
surveys, has the potential to result in incidental take of marine
mammals in the form of behavioral harassment.
Dates and Duration
Dominion Energy initially anticipated that HRG survey activities
would occur on approximately 122 vessel days (104 in the Lease Area and
18 in the project's OECC), with an assumed daily survey distance of 178
km/day. However, in discussions with NMFS, Dominion Energy later
updated the estimated vessel distance to 58 km/day to better reflect
actual daily vessel distances achieved during previous surveys.
Accordingly, survey activities are now estimated to occur on up to 244
vessel days (208 days in the Lease Area and 36 days in the project's
OECC). Each day that a survey vessel is operating counts as a single
survey day, e.g., two survey vessels operating on the same day count as
two survey days. This schedule is based on assumed 24-hour operations.
Dominion Energy proposes to begin survey activities upon receipt of an
IHA, and continue for up to one year (though the actual duration will
likely be shorter, particularly given the use of multiple vessels). The
IHA would be effective for one year from the date of issuance.
Specific Geographic Region
Dominion Energy's HRG survey activities would occur in the
Northwest Atlantic Ocean within federal and state waters. The surveys
would occur in Lease Area OCS-A 0483, which is a portion of the Mid-
Atlantic Wind Energy Area, and along an export cable corridor within
the lower Chesapeake Bay as shown in Figure 1. The Lease Area is
approximately 498 km\2\ (122,799 acres).
BILLING CODE 3510-22-P
[[Page 19866]]
[GRAPHIC] [TIFF OMITTED] TN06AP22.032
BILLING CODE 3510-22-C
Detailed Description of Specific Activity
Dominion Energy proposes to conduct HRG survey operations including
single and multibeam depth sounding, seafloor imaging, and medium
penetration sub-bottom profiling. The HRG surveys may be conducted
using any or all of the following equipment types: Side scan sonar,
single and multibeam depth sounders, magnetometers, boomers, or
sparkers. Dominion Energy anticipates that HRG survey activities would
include two vessels operating concurrently (though up to four vessels
may operate concurrently). Survey vessels would operate at least
several kilometers apart, typically operating with even greater
distances of separation between two vessels. Dominion Energy assumes
that HRG survey activities would be conducted continuously 24 hours per
day, with an assumed daily survey distance of 58 km per day. This
assumption is based on Dominion's experience through past survey
effort.
Acoustic sources planned for use during HRG survey activities
proposed by Dominion Energy include the following:
<bullet> Medium penetration sub-bottom profiler (boomers and
sparkers) to map deeper subsurface stratigraphy as needed. A boomer is
a broadband sound source operating in the 3.5 Hz to 10 kHz frequency
range. Sparkers create acoustic pulses from 50 Hz to 4 kHz
omnidirectionally from the source that can penetrate several hundred
meters into the seafloor. These sources are typically towed behind the
vessel;
Operation of the following survey equipment types is not reasonably
expected to present risk of marine mammal take, and will not be
discussed further beyond the brief summaries provided below:
<bullet> Multibeam echosounders to determine water depths and
general bottom topography (estimated to range from approximately
minimum vessel draft to 38 m deep).
<bullet> Single beam echosounders to determine water depths and
general bottom topography (estimated to range from approximately
minimum vessel draft to 38 m deep).
<bullet> Sidescan sonar (SSS) is used for seabed sediment
classification purposes and to identify natural and man-made acoustic
targets resting on the bottom as well as any anomalous features.
Table 1 identifies the 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 on the final survey design,
vessel availability, and survey contractor selection.
HRG surveys are expected to use several equipment types
concurrently in order to collect multiple aspects of geophysical data
along one transect. Selection of equipment combinations is based on
specific survey objectives.
[[Page 19867]]
Table 1--Summary of Representative HRG Equipment
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Operating RMS source Peak source
System Representative frequency level (dB re 1 level (dB re 1 Primary beam width Pulse duration
equipment \a\ (kHz) [mu]PA m) [mu]PA m) (degrees) (millisecond)
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Multibeam Echosounder.............. R2Sonics 2026........ 170-450 \b\ 191 \b\ 221 0.45 x 0.45-1 x 1........... 0.015-1.115
Medium Penetration Seismic......... Geo Marine Dual 400 0.3-1.2 \c\ 203 \c\ 212 Omnidirectional............. 0.5-0.8
Sparker 800J.
Applied Acoustics S- 0.5-3.5 \d\ 203 \d\ 213 60 \e\...................... 10
Boom (Triple Plate
Boomer 1000J).
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\a\ Make/model of equipment may vary depending on availability. Will be finalized as part of the survey preparations and contract negotiations with the
survey contractor.
\b\ Reported by manufacturer.
\c\ Based on data from Crocker and Fratantonio (2016) for the Applied Acoustics Dura Spark.
\d\ Based on data from Crocker and Frantantonio (2016) for the Applied Acoustics S-Boom with CS.
\e\ The beam width was based on data from Crocker and Frantantonio (2016) for the Applied Acoustics S-Boom.
dB re 1 [mu]Pa m--decibels referenced to 1 microPascal at 1 meter.
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's Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://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's
website (<a href="https://www.fisheries.noaa.gov/find-species">https://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 regulatory status under
the MMPA and Endangered Species Act (ESA) and potential biological
removal (PBR), where known. For taxonomy, we follow 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's SARs). While no
mortality is anticipated or authorized here, PBR and annual serious
injury and mortality from anthropogenic sources are included here 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's 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's 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 2020 SARs (Hayes et al. 2021) and draft 2021 SARs
(available online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports">https://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports</a>).
Table 2--Marine Mammals Likely To Occur in the Project Area That May Be Affected by Dominion Energy's Proposed 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
Family Balaenopteridae (rorquals):
Fin whale....................... Balaenoptera physalus.. Western North Atlantic. E, D, Y 6,802 (0.24, 5,573, 11 1.8
2016).
Humpback whale.................. Megaptera novaeangliae. Gulf of Maine.......... -, -, Y 1,396 (0, 1,380, 2016) 22 12.15
Minke whale..................... Balaenoptera Canadian East Coast.... -, -, N 21,968 (0.31, 17,002, 170 10.6
acutorostrata. 2016).
Sei whale....................... Balaenoptera borealis.. Nova Scotia............ E, D, Y 6,292 (1.02, 3,098, 6.2 0.8
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:
Atlantic white-sided dolphin.... Lagenorhynchus acutus.. Western North Atlantic. -, -, N 93,233 (0.71, 54,443, 544 27
2016).
Bottlenose dolphin.............. Tursiops spp........... Western North Atlantic -, -, N 62,851\b\ (0.23, 519 28
Offshore. 51,914\b\, 2016).
Southern Migratory -, -, Y 3,751 (0.6, 2,353, 23 0-18.3
Coastal. 2016).
Short-finned pilot whale........ Globicephala Western North Atlantic. -, -, Y 28,924 (0.24, 23,637, 236 136
macrorhynchus. 2016).
[[Page 19868]]
Long-finned pilot whale......... Globicephala melas..... Western North Atlantic. -, -, N 39,215 (0.3, 30,627, 306 29
2016).
Risso's dolphin................. Grampus griseus........ Western North Atlantic. -, -, N 35,215 (0.19, 30,051, 301 34
2016).
Common dolphin.................. Delphinus delphis...... Western North Atlantic. -, -, N 172,974 (0.21, 1,452 390
145,216, 2016).
Atlantic spotted dolphin........ Stenella frontalis..... Western North Atlantic. -, -, N 39,921 (0.27, 32,032, 320 0
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..... Western North Atlantic. -, -, N 27,300 (0.22, 22,785, 1,389 4,453
2016).
Harbor seal..................... Phoca vitulina......... Western North Atlantic. -, -, N 61,336 (0.08, 57,637, 1,729 339
2018).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). 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="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a> assessments. 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's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike).
\4\ NMFS' stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is
approximately 451,431. 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, and we have proposed
authorizing it. All species that could potentially occur in the
proposed survey areas are included in Table 3-1 of the IHA application.
However, the temporal and/or spatial occurrence of several species
listed in Table 3-1 of the IHA application is such that take of these
species is not expected to occur. Blue whales rarely occur in the
project area (U.S. Navy Marine Species Monitoring, 2018a). Clymene
dolphin, dwarf sperm whale, false killer whale, Fraser's dolphin,
killer whale, pantropical spotted dolphin, melon-headed whale, pygmy
killer whale, pygmy sperm whale, rough-toothed dolphin, spinner
dolphin, striped dolphin, white beaked dolphin, Blainville's beaked
whale, Cuvier's beaked whale, Sowerby's beaked whale, and True's beaked
whale are generally found in more pelagic shelf-break waters, have a
preference for northern latitudes, or are so rarely sighted that their
presence in the Survey Area is unlikely. While a harp seal was recently
observed at the Chesapeake Tunnel Joint Venture Parallel Thimble Shoal
Tunnel Project in Virginia Beach, Virginia, such an occurrence is
extremely uncommon, as they, and hooded seals typically occur far north
of the project area.
In addition, the Florida manatee (Trichechus manatus; a sub-species
of the West Indian manatee) has been previously documented as an
occasional visitor to the Northeast region during summer months (U.S.
Fish and Wildlife Service (USFWS) 2019). However, manatees are managed
by the U.S. Fish and Wildlife Service (USFWS) and are not considered
further in this document.
For the majority of species potentially present in the specific
geographic region, NMFS has designated only a single generic stock
(e.g., ``western North Atlantic'') for management purposes. This
includes the ``Canadian east coast'' stock of minke whales, which
includes all minke whales found in U.S. waters and is also a generic
stock for management purposes. For humpback whales, NMFS defines stocks
on the basis of feeding locations, i.e., Gulf of Maine. However,
references to humpback whales in this document refer to any individuals
of the species that are found in the specific geographic region.
Additional information on these animals can be found in Sections 3 and
4 of Dominion Energy's IHA application, the draft 2021 SARs (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>), and NMFS' website.
Below is a description of the species that have the highest
likelihood of occurring in the survey area and are thus expected to
potentially be taken by the proposed activities as well as further
detail informing the baseline for select species (i.e., information
regarding current Unusual Mortality Events (UMEs) and important habitat
areas).
North Atlantic Right Whale
The North Atlantic right whale ranges from calving grounds in the
southeastern United States to feeding grounds in New England waters and
into Canadian waters (Hayes et al. 2018). Surveys have demonstrated the
existence of seven areas where North Atlantic right whales congregate
seasonally, including north and east of the proposed survey area in
Georges Bank, off Cape Cod, and in Massachusetts Bay (Hayes et al.
2018). In the late fall months (e.g., October), right whales are
generally thought to depart from the feeding grounds in the North
Atlantic and move south to their calving grounds off Georgia and
Florida. However, recent research indicates our understanding of their
movement patterns remains incomplete (Davis et al. 2017). A review of
passive acoustic monitoring (PAM) data from 2004 to 2014 throughout the
western North Atlantic demonstrated nearly continuous year-round right
whale
[[Page 19869]]
presence across their entire habitat range (for at least some
individuals), including in locations previously thought of as migratory
corridors, suggesting that not all of the population undergoes a
consistent annual migration (Davis et al. 2017). However, given that
Dominion Energy's surveys would occur off of Virginia, any right whales
in the vicinity of the survey areas are expected to be transient, most
likely migrating through the area.
The western North Atlantic population demonstrated overall growth
of 2.8 percent per year between 1990 to 2010, despite a decline in 1993
and no growth between 1997 and 2000 (Pace et al. 2017). However, since
2010 the population has been in decline, with a 99.99 percent
probability of a decline of just under 1 percent per year (Pace et al.
2017). Between 1990 and 2015, calving rates varied substantially, with
low calving rates coinciding with all three periods of decline or no
growth (Pace et al. 2017). On average, North Atlantic right whale
calving rates are estimated to be roughly half that of southern right
whales (Eubalaena australis; Pace et al. 2017), which are increasing in
abundance (NMFS, 2015). In 2018, no new North Atlantic right whale
calves were documented in their calving grounds; this represented the
first time since annual NOAA aerial surveys began in 1989 that no new
right whale calves were observed. Eighteen right whale calves were
documented in 2021. As of March 13, 2022 and the writing of this
proposed notice, 15 North Atlantic right whale calves have documented
to have been born during this calving season. Presently, the best
available population estimate for North Atlantic right whales is 386
per the 2021 draft Atlantic SARs (<a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>).
The proposed survey area overlaps part of the 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
Virginia, the migratory BIA extends from the coast to beyond the shelf
break. This important migratory area is approximately 269,488 km\2\ in
size 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. The proposed
survey area is in the vicinity of the SMA off of the Chesapeake Bay
that is active from November 1 through April 30 of each year. Within
SMAs, the regulations require a mandatory vessel speed (less than 10
kn) for all vessels greater than 65 ft.
Elevated North Atlantic right whale mortalities have occurred since
June 7, 2017, along the U.S. and Canadian coast. This event has been
declared an Unusual Mortality Event (UME), with human interactions,
including entanglement in fixed fishing gear and vessel strikes,
implicated in at least 15 of the mortalities thus far. As of March 13,
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 49
individuals to include both the confirmed mortalities (dead stranded or
floaters; n=34) and seriously injured free-swimming whales (n=15) 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="https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-north-atlantic-right-whale-unusual-mortality-event">https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-north-atlantic-right-whale-unusual-mortality-event</a>.
Information on right whale Slow Zones can be found on NMFS' website
(<a href="https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales">https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales</a>).
Fin Whale
Fin whales are common in waters of the U.S. Atlantic Exclusive
Economic Zone (EEZ), principally from Cape Hatteras northward (Waring
et al. 2016). Fin whales are present in the Mid-Atlantic region during
all four seasons, although sighting data indicate that they are more
prevalent during winter, spring, and summer (Hayes et al. 2019). While
fall is the season of lowest overall abundance off Virginia, they do
not depart the area entirely. Fin whales, much like humpback whales,
seem to exhibit habitat fidelity to feeding areas (Kenney and Vigness-
Raposa 2010; Hayes et al. 2019). While fin whales typically feed in the
Gulf of Maine and the waters surrounding New England, mating and
calving (and general wintering) areas are largely unknown (Hayes et al.
2019).
Humpback Whale
Humpback whales are found worldwide in all oceans. Humpback whales
were listed as endangered under the Endangered Species Conservation Act
(ESCA) in June 1970. In 1973, the ESA replaced the ESCA, and humpbacks
continued to be listed as endangered. On September 8, 2016, NMFS
divided the species into 14 distinct population segments (DPS), removed
the current species-level listing, and in its place listed four DPSs as
endangered and one DPS as threatened (81 FR 62259; 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, though these individuals 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. Bettridge et al. (2015) estimated the size of this West Indies
DPS 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).
Although humpback whales are migratory between feeding areas and
calving areas, individual variability in the timing of migrations may
result in the presence of individuals in high-latitude areas throughout
the year (Straley, 1990). Records of humpback whales off the U.S. mid-
Atlantic coast (New Jersey to North Carolina) from January through
March suggest these waters may represent a supplemental winter feeding
ground used by juvenile and mature humpback whales of the U.S. and
Canadian North Atlantic stocks (LaBrecque et al., 2015).
Three previous UMEs involving humpback whales have occurred since
2000, in 2003, 2005, and 2006. 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 157 known cases (as of March 13, 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
[[Page 19870]]
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="https://www.fisheries.noaa.gov/national/marine-life-distress/2016-2022-humpback-whale-unusual-mortality-event-along-atlantic-coast">https://www.fisheries.noaa.gov/national/marine-life-distress/2016-2022-humpback-whale-unusual-mortality-event-along-atlantic-coast</a>.
Minke Whale
Minke whales can be found in temperate, tropical, and high-latitude
waters. The Canadian East Coast stock can be found in the area from the
western half of the Davis Strait (45[deg] W) to the Gulf of Mexico
(Waring et al. 2016). This species generally occupies waters less than
100 m deep on the continental shelf. Little is known about minke
whales' specific movements through the mid-Atlantic region; however,
there appears to be a strong seasonal component to minke whale
distribution, with acoustic detections indicating that they migrate
south in mid-October to early November, and return from wintering
grounds starting in March through early April (Risch et al. 2014).
Northward migration appears to track the warmer waters of the Gulf
Stream along the continental shelf, while southward migration is made
farther offshore (Risch et al. 2014).
Since January 2017, elevated minke whale mortalities have occurred
along the Atlantic coast from Maine through South Carolina, with a
total of 122 strandings at the time of publication of this notice.
There have been eight recorded strandings in Virginia and two in North
Carolina. 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="https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-minke-whale-unusual-mortality-event-along-atlantic-coast">https://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-minke-whale-unusual-mortality-event-along-atlantic-coast</a>.
Sei Whale
The Nova Scotia stock of sei whales occurs in deeper waters of the
continental shelf edge waters of the eastern United States and
northeastward to south of Newfoundland. The southern portion of the
stock's range during spring and summer includes the Gulf of Maine and
Georges Bank. Spring is the period of greatest abundance in U.S.
waters, with sightings concentrated along the eastern margin of Georges
Bank and into the Northeast Channel area, and along the southwestern
edge of Georges Bank in the area of Hydrographer Canyon (Waring et al.
2015). In the waters off of Virginia, sei whales are uncommon; however,
a 2018 aerial survey conducted by the U.S. Navy recorded sei whales in
the area surrounding Norfolk Canyon (U.S. Navy n.d.).
Atlantic White-Sided Dolphin
Atlantic white-sided dolphins occur in temperate and sub-polar
waters of the North Atlantic, primarily in continental shelf waters to
the 100 m depth contour from central West Greenland to North Carolina
(Waring et al. 2017). The Gulf of Maine stock is most common in
continental shelf waters from Hudson Canyon to Georges Bank, and in the
Gulf of Maine and lower Bay of Fundy. Sighting data indicate seasonal
shifts in distribution (Northridge et al. 1997). During January to May,
low numbers of white-sided dolphins occur from Georges Bank to Jeffreys
Ledge (off New Hampshire), with even lower numbers south of Georges
Bank, as documented by a few strandings collected on beaches of
Virginia to South Carolina. From June through September, large numbers
of white-sided dolphins occur from Georges Bank to the lower Bay of
Fundy. From October to December, white-sided dolphins occur at
intermediate densities from southern Georges Bank to southern Gulf of
Maine. Infrequent Virginia and North Carolina observations appear to
represent the southern extent of the species' range during the winter
months (Hayes et al. 2019).
Bottlenose Dolphin
The population of bottlenose dolphins in the North Atlantic
consists of a complex mosaic of dolphin stocks (Waring et al. 2016).
There are two stocks that may be found in the vicinity of the Survey
Area--the western North Atlantic Offshore Stock (WNAOS) and the
Southern Coastal Migratory Stock (SCMS). There are two distinct
bottlenose dolphin morphotypes: Coastal and offshore. The coastal
morphotype resides in waters typically less than 20 m (65.6 ft) deep,
along the inner continental shelf (within 7.5 km [4.6 miles] of shore;
Hayes et al. 2018). This coastal population was further subdivided into
seven stocks based largely upon spatial distribution (Waring et al.
2016). The SCMS is the coastal stock found south of Assateague,
Virginia, to northern Florida and is the stock most likely to be
encountered in the vicinity of the export cable portion of the Survey
Area. Seasonally, SCMS movements indicate they are mostly found in
southern North Carolina (Cape Lookout) from October to December; they
continue to move farther south from January to March to as far south as
northern Florida and move back north to coastal North Carolina from
April to June. SCMS bottlenose dolphins occupy waters north of Cape
Lookout, North Carolina, to as far north as Chesapeake Bay from July to
August. An observed shift in spatial distribution during a summer 2004
survey indicated that the northern boundary for the SCMS may vary from
year to year (Hayes et al. 2018). The offshore population consists of
one stock (WNAOS) in the western North Atlantic Ocean distributed
primarily along the outer continental shelf and continental slope, and
distributed widely during the spring and summer from Georges Bank to
the Florida Keys with late summer and fall incursions as far north the
Gulf of Maine depending on water temperatures (Kenney 1990; Hayes et
al. 2017). The WNAOS generally occurs seaward of 34 km (21 miles) and
in deeper waters.
A combined genetic and logistic regression analysis that
incorporated depth, latitude, and distance from shore was used to model
the probability that a particular common bottlenose dolphin group seen
in coastal waters was of the coastal versus offshore morphotype
(Garrison et al. 2017a). North of Cape Hatteras during summer months,
there is strong separation between the coastal and offshore morphotypes
(Kenney 1990; Garrison et al. 2017a), and the coastal morphotype is
nearly completely absent in waters >20 m depth. South of Cape Hatteras,
the regression analysis indicated that the coastal morphotype is most
common in waters <20 m deep, but occurs at lower densities over the
continental shelf, in waters >20 m deep, where it overlaps to some
degree with the offshore morphotype. For the purposes of defining stock
boundaries, estimating abundance, and identifying bycaught samples, the
offshore boundary of the SMCS is defined as the 20-m isobath north of
Cape Hatteras and the 200-m isobath south of Cape Hatteras. In summary,
this stock is best delimited in warm water months, when it overlaps
least with other stocks, as common bottlenose dolphins of the coastal
morphotype that occupy coastal waters from the shoreline to 200 m depth
from Cape Lookout to Cape Hatteras, North Carolina, and coastal waters
0-20 m in depth from Cape
[[Page 19871]]
Hatteras to Assateague, Virginia, including Chesapeake Bay (Hayes et
al. 2018).
Pilot Whale
Long-finned and short-finned pilot whales occur in the Western
Atlantic. Both species of pilot whale are more generally found along
the edge of the continental shelf at depths of 100 to 1,000 m (330 to
3,300 ft), choosing areas of high relief or submerged banks. Long-
finned pilot whales in the western North Atlantic are more pelagic,
occurring in especially high densities in winter and early spring over
the continental slope, then moving inshore and onto the shelf in summer
and autumn following squid and mackerel populations (Reeves et al.
2002). They frequently travel into the central and northern Georges
Bank, Great South Channel, and northward into the Gulf of Maine areas
during the late spring through late fall (Hayes et al. 2019). Short-
finned pilot whales prefer tropical, subtropical, and warm temperate
waters (Jefferson et al. 2015). The short-finned pilot whale mostly
ranges from New Jersey south through Florida, the northern Gulf of
Mexico, and the Caribbean without any seasonal movements or
concentrations (Hayes et al. 2019). The latitudinal ranges of the two
species remain uncertain, although south of Cape Hatteras, most pilot
whale sightings are expected to be short-finned pilot whales, while
north of ~42[deg] N most pilot whales are expected to be long-finned
pilot whales (Hayes et al. 2019).
Risso's Dolphin
Risso's dolphins are distributed worldwide in tropical and
temperate seas and in the Northwest Atlantic occur from Florida to
eastern Newfoundland. The species has an apparent preference for steep,
shelf-edge habitats between about 400 to 1,000 m (1,312 to 3,280 ft)
deep (Baird 2009). Risso's dolphin of the western North Atlantic stock
prefers temperate to tropical waters typically from 15 to 20 [deg]C (59
to 68 [deg]F) and are rarely found in waters below 10 [deg]C (50
[deg]F). Off the northeastern U.S. coast, Risso's dolphins are
distributed along the continental shelf edge from Cape Hatteras
northward to Georges Bank during spring, summer, and autumn. In winter,
the range is in the mid-Atlantic Bight and extends outward into oceanic
waters. In general, the population occupies the mid-Atlantic
continental shelf edge year round (Hayes et al. 2019).
Common Dolphin
The common dolphin is found world-wide in temperate to subtropical
seas. In the North Atlantic, common dolphins are commonly found over
the continental shelf between the 200 m and 2,000 m isobaths and over
prominent underwater topography and east to the mid-Atlantic Ridge.
Common dolphins have been noted to be associated with Gulf Stream
features (CETAP 1982; Selzer and Payne 1988; Waring et al. 1992). The
species is seasonally found in abundance between Cape Hatteras and
Georges Bank from mid-January to May. Between mid-summer and fall they
migrate onto Georges Bank and the Scotian Shelf, and large aggregations
occur on Georges Bank in fall (Reeves et al. 2002; Hayes et al. 2019).
The species is less common south of Cape Hatteras, although schools
have been reported as far south as the Georgia/South Carolina border
(Hayes et al. 2019).
Sperm Whale
The distribution of the sperm whale in the U.S. EEZ occurs on the
continental shelf edge, over the continental slope, and into mid-ocean
regions (Waring et al. 2019). The basic social unit of the sperm whale
appears to be the mixed school of adult females plus their calves and
some juveniles of both sexes, normally numbering 20-40 animals in all.
There is evidence that some social bonds persist for many years
(Christal et al. 1998). This species forms stable social groups, site
fidelity, and latitudinal range limitations in groups of females and
juveniles (Whitehead, 2002). In winter, sperm whales concentrate east
and northeast of Cape Hatteras. In spring, distribution shifts
northward to east of Delaware and Virginia, and is widespread
throughout the central Mid-Atlantic Bight and the southern part of
Georges Bank. In the fall, sperm whale occurrence on the continental
shelf south of New England reaches peak levels, and there remains a
continental shelf edge occurrence in the Mid-Atlantic Bight (Waring et
al. 2015). Off the coast of Virginia, sperm whales have recently been
observed spending a significant amount of time near Norfolk Canyon and
in waters over 1,800 m deep (6,000 ft; U.S. Navy n.d. 2017).
Atlantic Spotted Dolphin
Atlantic spotted dolphins are found in tropical and warm temperate
waters along the continental shelf from 10 to 200 m (33 to 650 ft) deep
to slope waters greater than 500 m (1,640 ft). Their range extends from
southern New England, south to Gulf of Mexico and the Caribbean to
Venezuela (Waring et al. 2014). This stock regularly occurs in
continental shelf waters south of Cape Hatteras and in continental
shelf edge and continental slope waters north of this region (Waring et
al. 2014). There are two forms of this species, with the larger ecotype
inhabiting the continental shelf and is usually found inside or near
the 200 m isobaths (Waring et al. 2014).
Harbor Porpoise
The harbor porpoise inhabits shallow, coastal waters, often found
in bays, estuaries, and harbors. In the western Atlantic, they occur
from Cape Hatteras north to Greenland. During summer (July to
September), harbor porpoises are concentrated in the northern Gulf of
Maine and southern Bay of Fundy region, generally in waters less than
150 m deep with a few sightings in the upper Bay of Fundy and on
Georges Bank. During fall (October-December) and spring (April-June),
harbor porpoises are widely dispersed from New Jersey to Maine, with
lower densities farther north and south. They occur from the coastline
to deep waters (>1,800 m), although the majority of the population
occurs over the continental shelf. The harbor porpoise is likely to
occur in the waters of the mid-Atlantic during winter months, as this
species prefers cold temperate and subarctic waters (Hayes et al.
2019). Harbor porpoise generally move out of the Mid-Atlantic during
spring, migrating north to the Gulf of Maine. There does not appear to
be a temporally coordinated migration or a specific migratory route to
and from the Bay of Fundy region (Hayes et al. 2018).
Gray Seal
The gray seal occurs on both coasts of the Northern Atlantic Ocean
and are divided into three major populations (Hayes et al. 2019). The
western north Atlantic stock occurs in eastern Canada and the
northeastern United States, occasionally as far south as North
Carolina. Gray seals inhabit rocky coasts and islands, sandbars, ice
shelves and icebergs (Hayes et al. 2019). In the United States, gray
seals congregate in the summer to give birth at four established
colonies in Massachusetts and Maine (Hayes et al. 2019). From September
through May, they disperse and can be abundant as far south as New
Jersey. The range of gray seals appears to be shifting as they are
regularly being reported further south than they were historically
(Rees et al. 2016).
Gray seals are uncommon in Virginia and the Chesapeake Bay. Only 15
gray seal strandings were documented in
[[Page 19872]]
Virginia from 1988 through 2013 (Barco and Swingle 2014). They are
rarely found resting on the rocks around the portal islands of the
Chesapeake Bay Bridge Tunnel (CBBT) from December through April
alongside harbor seals. Seal observation surveys conducted at the CBBT
recorded one gray seal in each of the 2014/2015 and 2015/2016 seasons
while no gray seals were reported during the 2016/2017 and 2017/2018
seasons (Rees et al. 2016, Jones et al. 2018).
Harbor Seal
Harbor seals are the most abundant seals in the waters of the
eastern United States and are commonly found in all nearshore waters of
the Atlantic Ocean from Newfoundland, Canada southward to northern
Florida (Hayes et al. 2019). While harbor seals occur year-round north
of Cape Cod, they only occur south of Cape Cod (southern New England to
New Jersey) during winter migration, typically September through May
(Kenney and Vigness-Raposa 2010; Hayes et al. 2019). During the summer,
most harbor seals can be found north of Massachusetts within the
coastal waters of central and northern Maine as well as the Bay of
Fundy (Hayes et al. 2019).
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. As of March,
2020 there a total of 3,152 reported strandings (of all species),
though only 10 occurred in Virginia while 8 were recorded in Maryland.
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. This UME is non-active
and pending closure, and therefore, it is not discussed further in this
notice. 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 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 1.
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; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
16 marine mammal species (14 cetacean and two phocid pinniped 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 delphinids and the sperm whale), and one is classified as
high-frequency cetaceans (i.e., harbor porpoise).
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
This section includes a summary and discussion of the ways that
components of the 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, and occurring in the Mid-
Atlantic region, including waters off of North Carolina and Virginia
(e.g., 85 FR 36537, June 17, 2020; 86 FR 43212, August 6, 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
[[Page 19873]]
expected to be taken by Dominion Energy'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 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-
[[Page 19874]]
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.
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 Dominion Energy'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
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.
[[Page 19875]]
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
(7.4-9.3 km/hr). 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 Dominion Energy'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 HRG 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 (EZs) 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 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
estimate.
Acoustic Thresholds
NMFS recommends the use of 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). Based on what the
available science indicates and the practical need to use a threshold
based on a factor that is both predictable and measurable for most
activities, NMFS uses a generalized acoustic threshold based on
received level to estimate the onset of behavioral harassment. NMFS
predicts that marine mammals are likely to be behaviorally harassed in
a manner we consider 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) evaluated here for
Dominion Energy'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's 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>.
Dominion Energy's proposed activity includes the use of impulsive
(i.e., sparkers and boomers) 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 Dominion Energy'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 6 m for all sources and hearing groups with the
exception of an estimated 54 m zone calculated for high-frequency
cetaceans during use of the Applied Acoustics S-Boom Boomer, (see Table
1 for source characteristics). Dominion Energy 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
[[Page 19876]]
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 Dominion Energy
that has the potential to result in Level B harassment of marine
mammals, the Geo Marine Dual 400 Sparker 800J would produce the largest
Level B harassment isopleth (141 m; see Table 6-3 of Dominion Energy's
application). The Applied Acoustics S-Boom (Triple Plate Boomer 1000J)
would produce a Level B harassment isopleth of 22 m. Although Dominion
Energy does not expect to use the Geo Marine Dual 400 Sparker 800J
source 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.
Marine Mammal Occurrence
In this section we provide the information about the presence,
density, or group dynamics of marine mammals that will inform the take
calculations.
Habitat-based density models produced by the Duke University Marine
Geospatial Ecology Laboratory and the Marine-life Data and Analysis
Team, based on the best available marine mammal data from 1992-2019
obtained in a collaboration between Duke University, the Northeast
Regional Planning Body, the University of North Carolina Wilmington,
the Virginia Aquarium and Marine Science Center, and NOAA (Roberts et
al. 2016a; Curtice et al. 2018), represent the best available
information regarding marine mammal densities in the survey area. More
recently, these data have been updated with new modeling results and
include density estimates for pinnipeds (Roberts et al. 2016, 2017,
2018, 2020, 2021).
The density data presented by Roberts et al. (2016b, 2017, 2018,
2020, 2021) incorporates aerial and shipboard line-transect survey data
from NMFS and other organizations and incorporates data from eight
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="https://seamap.env.duke.edu/models/Duke/EC/">https://seamap.env.duke.edu/models/Duke/EC/</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, 2021), with the exception of the North Atlantic right whale
(discussed below). 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, the density data from Roberts et al.
(2016, 2017, 2018, 2020, 2021) were mapped using a geographic
information system (GIS). For the full survey area, Dominion Energy
averaged the densities of each species as reported by Roberts et al.
(2016, 2017, 2018, 2020, 2021) by season; thus, a density was
calculated for each species for spring, summer, fall and winter. To be
conservative, the greatest seasonal density calculated for each species
was then carried forward in the exposure analysis. The largest
estimated seasonal densities (animals per km\2\) of all marine mammal
species that may be taken by the proposed survey, for all survey areas,
is shown in Table 4, below. Below, we discuss how densities were
assumed to apply to specific species for which the Roberts et al.
(2016b, 2017, 2018, 2020, 2021) models provide results at the genus or
guild level. Additional data regarding average group sizes from survey
effort in the region was considered to ensure take estimates are
adequate to account for anticipated real-world encounter rates.
For bottlenose dolphin densities, Roberts et al. (2016b, 2017,
2018) does not differentiate by stock. Given the southern coastal
migratory stock's propensity to occur in waters shallower than the 25 m
(82 ft) isobath north of Cape Hatteras (Reeves et al. 2002; Hayes et
al. 2018), the project's offshore export cable route corridor segment
was roughly divided along the 25 m (82 ft) isobath. Roughly 90 percent
of the cable corridor is 25 m (82 ft) or less in depth. The Lease Area
is mostly located within depths exceeding 25 m (82 ft), where the
southern coastal migratory stock would be unlikely to occur. Roughly 25
percent of the Lease Area survey segment is 25 m (82 ft) or less in
depth. Therefore, to account for the potential for mixed stocks within
the Project's offshore export cable route corridor, 90 percent of the
estimated take calculation in that area is assumed to be of individuals
in the southern coastal migratory stock and the remaining applied to
the Western North Atlantic offshore stock within the Project's offshore
export cable route corridor survey area. Within the Lease Area, 25
percent of the estimated take calculation is assumed to be of
individuals from the southern coastal migratory stock and the remaining
applied to the Western North Atlantic offshore stock.
The seasonality, feeding preferences, and habitat use by gray seals
often overlaps with that of harbor seals in the survey areas. The
density models produced by Roberts et al. (2016b, 2017, 2018) do not
differentiate between gray seals and harbor seals. Rather, the model
provides one density estimate for ``seals.'' Therefore, for the density
values reported in the IHA application, Dominion Energy assumed that
half of the seals were gray seals, and the other half harbor seals.
Dominion Energy used model Version 10 (Roberts et al. 2021) to
estimate the density of North Atlantic right whales. While two more
recent versions (Version 11 and Version 11.1) of the model are
available, the updates in these versions do not affect the densities in
the project area. The update in Version 11 pertains to Cape Cod Bay
only, which is outside of the CVOW project area. Density surfaces in
Version 11.1 did not change from Version 11; rather Version 11.1
includes uncertainty surfaces as well as density surfaces.
[[Page 19877]]
Table 4--Maximum Seasonal Densities of Marine Mammals in the Lease Area
and OECC
[Animals per 100 km\2\]
------------------------------------------------------------------------
Species Lease area/OECC
------------------------------------------------------------------------
North Atlantic right whale........................... 0.111
Humpback whale....................................... 0.060
Fin whale............................................ 0.184
Sei whale............................................ 0.001
Minke whale.......................................... 0.047
Sperm whale.......................................... 0.003
Pilot whale.......................................... 0.029
Bottlenose dolphin (Offshore)........................ 10.614
Bottlenose dolphin (Southern Migratory Coastal).
Common dolphin....................................... 2.163
Atlantic white-sided dolphin......................... 0.600
Atlantic spotted dolphin............................. 0.311
Risso's dolphin...................................... 0.008
Harbor porpoise...................................... 0.794
Gray seal............................................ 0.514
Harbor seal.
------------------------------------------------------------------------
Take Calculation and Estimation
Here we describe 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 harassment thresholds are calculated, as
described above. Those distances are then used to calculate the area(s)
around the HRG survey equipment predicted to be ensonified to sound
levels that exceed harassment thresholds. The area estimated to be
ensonified to relevant thresholds in a single day (zone of influence
(ZOI)) is then calculated, based on areas predicted to be ensonified
around the HRG survey equipment (i.e., 141 m) and the estimated
trackline distance traveled per day by the survey vessel (i.e., 58 km).
Based on the maximum estimated distance to the Level B harassment
threshold of 141 m (Geo Marine Dual 400 Sparker 800J) and the maximum
estimated daily track line distance of 58 km, the ZOI is estimated to
be 16.4 km\2\ during Dominion Energy's planned HRG surveys. As
described above, this is a conservative estimate as it assumes the HRG
source that results in the greatest distance to the Level B harassment
isopleth would be operated at all times during all vessel days.
ZOI = (Distance/day x 2r) + [pi]r\2\
Where r is the linear distance from the source to the harassment
isopleth.
Potential daily Level B harassment takes are estimated by
multiplying the average annual marine mammal densities (animals/km\2\),
as described above, by the ZOI. Estimated numbers of each species taken
over the duration of the authorization are calculated by multiplying
the potential daily Level B harassment takes by the total number of
vessel days. The product is then rounded, to generate an estimate of
the total number of instances of harassment expected for each species
over the duration of the survey. A summary of this method is
illustrated in the following formula:
Estimated Take = D x ZOI x vessel days
Where D = average species density (animals/km\2\), ZOI = maximum
daily ensonified area to relevant threshold, and vessel days = 244.
Take by Level B harassment proposed for authorization is shown in
Table 5.
Table 5--Total Numbers of Potential Incidental Take of Marine Mammals Proposed for Authorization and Proposed
Takes as a Percentage of Population
----------------------------------------------------------------------------------------------------------------
Estimated takes Proposed takes by Proposed takes as
Species by Level B Level B Abundance a percent of
harassment harassment \a\ stock
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale............. 4.4 4 368 1.4
Humpback whale......................... 2.4 2 1,396 <1
Fin whale.............................. 7.4 7 6,802 <1
Sei whale.............................. 0.04 0 6,292 0
Minke whale............................ 1.9 2 21,968 <1
Sperm whale............................ 0.0 0 4,349 0
Short-finned pilot whale............... 1.2 20 28,924 <1
Long-finned pilot whale................ ................. ................. 39,215 <1
Bottlenose dolphin (Western North 279.2 279 62,851 <1
Atlantic Offshore stock)..............
Bottlenose dolphin (Southern Migratory 147.1 147 3,751 3.9
Coastal stock)........................
Common dolphin......................... 86.6 4,880 172,974 2.8
Atlantic white-sided dolphin........... 24.1 25 93,233 <1
Atlantic spotted dolphin............... 12.5 4,880 39,921 12.4
Risso's dolphin........................ 0.3 25 35,215 <1
Harbor porpoise........................ 31.8 32 95,543 <1
Gray seal.............................. 12 12 451,431 <1
Harbor seal............................ 12 12 61,336 <1
----------------------------------------------------------------------------------------------------------------
[[Page 19878]]
The proposed take listed in Table 5 generally reflects the
estimated take calculation described above (Estimated Take = D x ZOI x
vessel days). Further, take estimates for pilot whale and Risso's
dolphin have been modified to reflect group size estimates, and take
estimates for Atlantic spotted dolphin and common dolphin have been
modified to reflect previous monitoring in the CVOW project area, as
described further below.
Roberts et al. (2017) provides a density for all pilot whales that
does not differentiate between short-finned and long-finned pilot
whales, both of which could be in the project area. However, the take
estimate for pilot whales was further adjusted to account for group
size. Dominion Energy estimates that a group of 20 pilot whales (Reeves
et al. 2002) may be taken by Level B harassment during the surveys.
While the take calculation described above estimates no takes of
Risso's dolphin, Dominion Energy also conservatively estimates that a
group of 25 Risso's dolphins (Reeves et al., 2002) may be taken by
Level B harassment during the surveys. NMFS concurs with these
estimates, and proposes to authorize 20 takes by Level B harassment of
pilot whales and 25 takes by Level B harassment of Risso's dolphin.
Previous monitoring in the CVOW project area (Dominion Energy,
2021; 86 FR 21298; April 22, 2021 and 85 FR 81879; December 17, 2020)
indicates that the calculated take of Atlantic spotted dolphin and
common dolphin is too low. Given previous monitoring, Dominion Energy
conservatively estimated that two pods of common dolphins, each
averaging 10 individuals, may be taken by Level B harassment on each
vessel day (2 pods x 10 individuals x 244 vessel days = 4,880 takes by
Level B harassment of common dolphin). Dominion Energy conservatively
estimates that one pod of Atlantic spotted dolphins, averaging 20
individuals, may be taken by Level B harassment on each vessel day (1
pod x 20 individuals x 244 vessel days = 4,880 takes by Level B
harassment of Atlantic spotted dolphin). While these estimates are
likely conservative, NMFS concurs, and proposes to authorize 4,880
takes by Level B harassment of both common dolphin and Atlantic spotted
dolphin.
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, impact on
operations, and, in the case of a military readiness activity,
personnel safety, practicality of implementation, and impact on the
effectiveness of the military readiness activity.
Mitigation for Marine Mammals and Their Habitat
NMFS proposes the following mitigation measures be implemented
during Dominion Energy's proposed marine site characterization surveys.
Pursuant to section 7 of the ESA, Dominion Energy 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.
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.
Dominion Energy 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
[[Page 19879]]
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., 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, 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).
Vessel Strike Avoidance
Dominion Energy 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 (18.5 km/hr) 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 (18.5 km/hr) or less at all times;
<bullet> All vessels must reduce their speed to 10 knots (18.5 km/
hr) 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 50m from all other
marine mammals, with an understanding that at times this may not be
possible (e.g., for animals that approach the vessel); and
<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
[[Page 19880]]
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).
<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).
<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. Dominion Energy 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 draft 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
[[Page 19881]]
marine mammal and acoustic monitoring reports must be submitted to
<a href="/cdn-cgi/l/email-protection#aafaf884e3fefa84e7c5c4c3dec5d8c3c4cdf8cfdac5d8ded9eac4c5cbcb84cdc5dc"><span class="__cf_email__" data-cfemail="82d2d0accbd6d2accfedecebf6edf0ebece5d0e7f2edf0f6f1c2ecede3e3ace5edf4">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#29607d79076d485f405a6947464848074e465f"><span class="__cf_email__" data-cfemail="8fc6dbdfa1cbeef9e6fccfe1e0eeeea1e8e0f9">[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 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, Dominion Energy 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 Dominion Energy personnel discover an injured or
dead marine mammal, Dominion Energy 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:
1. Time, date, and location (latitude/longitude) of the first
discovery (and updated location information if known and applicable);
2. Species identification (if known) or description of the
animal(s) involved;
3. Condition of the animal(s) (including carcass condition if the
animal is dead);
4. Observed behaviors of the animal(s), if alive;
5. If available, photographs or video footage of the animal(s); and
6. 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, Dominion
Energy 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. We also assess 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
[[Page 19882]]
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 2, 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 of Specified Activities on Marine Mammals and
their Habitat 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 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, the Geo Marine Dual 400
Sparker would likely not be used across the entire 24-hour period and
across all 244 vessel days. The other acoustic sources operating below
200 kHz that Dominion Energy has included in their application produce
Level B harassment zones below 22 m. 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
impacts of the proposed survey are expected to be of low severity (as
described in the Potential Effects of Specified Activities on Marine
Mammals and their Habitat), 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 (the overlap between the BIA and the proposed survey
area would cover approximately 4,000 km\2\ of the 269,448 km\2\ 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 Dominion Energy's proposed activities. 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.
The proposed authorization of take by Level B harassment of North
Atlantic right whale is not expected to exacerbate or compound upon the
ongoing UME. The limited takes of North Atlantic right whale by Level B
harassment proposed for authorization are expected to be of a short
duration, and given the number of estimated takes, repeated exposures
of the same individual are not expected. Further, given the relatively
small size of the ensonified area during Dominion Energy's proposed
activities, it is unlikely that North Atlantic right whale prey
availability would be adversely affected. Accordingly, NMFS does not
anticipate North Atlantic right whales takes that would result from
Dominion Energy's proposed activities would impact annual rates of
recruitment or survival of any individuals. 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 Dominion Energy'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.
The required mitigation measures are expected to reduce the number
and/or severity of proposed takes for all species listed in Table 2,
including those with active UMEs, to the level of least practicable
adverse impact. In
[[Page 19883]]
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. As discussed previously,
take by Level A harassment (injury) is considered unlikely, even absent
mitigation, based on the characteristics of the signals produced by the
acoustic sources planned for use, and is not proposed for
authorization. Implementation of required mitigation would further
reduce this potential.
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 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
to be authorized;
<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 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 by Level B behavioral harassment
only 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 require shutdown at 500 m (almost four times the size of the
Level B harassment isopleth (141 m), which minimizes the effects of the
take on the species; and
<bullet> The proposed mitigation measures, including effective
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 (by Level B harassment
only) 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 33 percent for all stocks
(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 Office of Protected Resources (OPR) consults internally whenever
we propose to authorize take for endangered or threatened species.
NMFS OPR is proposing to authorize the incidental take of North
Atlantic right, sei, fin, sperm whales, which are listed under the ESA.
NMFS has determined that this activity falls within the scope of
activities analyzed in NMFS GARFO's programmatic consultation regarding
geophysical surveys along the U.S. Atlantic coast in the three Atlantic
Renewable Energy Regions (completed June 29, 2021; revised September
2021).
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
issue an IHA to Dominion Energy authorizing take, by Level B
harassment, incidental to conducting marine site characterization
surveys off of Virginia from May 2022 to May 2023, provided the
previously mentioned mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found 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>.
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
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
[[Page 19884]]
comments when (1) up to another year of identical or nearly identical,
or nearly identical, activities as described in the Description of
Proposed Activities section of this notice is planned or (2) the
activities as described in the Description of Proposed Activities
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:
<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: April 1, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2022-07258 Filed 4-5-22; 8:45 am]
BILLING CODE 3510-22-P
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