Notice2022-07715
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Offshore of New Jersey
Primary source
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Published
April 11, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Ocean Wind LLC (Ocean Wind) for the Renewal of their currently active incidental harassment authorization (IHA) to take marine mammals incidental to marine site characterization survey activities off the coast of New Jersey in the areas of the Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for Renewable Energy Development on the Outer Continental Shelf (OCS)-A 0498 (Lease Area) and federal and state waters along potential export cable routes (ECRs) to landfall locations between Raritan Bay (part of the New York Bight) and Delaware Bay. These activities are identical to those covered in the current authorization, which expires on May 9, 2022. Pursuant to the Marine Mammal Protection Act, prior to issuing the currently active IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The Renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed Renewal not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 87 Issue 69 (Monday, April 11, 2022)</title>
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[Federal Register Volume 87, Number 69 (Monday, April 11, 2022)]
[Notices]
[Pages 21098-21102]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-07715]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XB898]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys Offshore of New Jersey
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed Renewal incidental
harassment authorization (IHA).
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SUMMARY: NMFS received a request from Ocean Wind LLC (Ocean Wind) for
the Renewal of their currently active incidental harassment
authorization (IHA) to take marine mammals incidental to marine site
characterization survey activities off the coast of New Jersey in the
areas of the Bureau of Ocean Energy Management (BOEM) Commercial Lease
of Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS)-A 0498 (Lease Area) and federal and state
waters along potential export cable routes (ECRs) to landfall locations
between Raritan Bay (part of the New York Bight) and Delaware Bay.
These activities are identical to those covered in the current
authorization, which expires on May 9, 2022. Pursuant to the Marine
Mammal Protection Act, prior to issuing the currently active IHA, NMFS
requested comments on both the proposed IHA and the potential for
renewing the initial authorization if certain requirements were
satisfied. The Renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed Renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than April
26, 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#f9b0ada9d7b1988b95989a919c8bb997969898d79e968f"><span class="__cf_email__" data-cfemail="a7eef3f789efc6d5cbc6c4cfc2d5e7c9c8c6c689c0c8d1">[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. Attachments to comments will be
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted 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> 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: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), 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 Marine Mammal Protection Act (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, an incidental harassment authorization is issued.
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 such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization (86 FR 17783; April 06, 2021), NMFS
described the circumstances under which we would consider issuing a
Renewal for this activity, and requested public comment on a potential
Renewal under those circumstances. Specifically, on a case-by-case
basis, NMFS may issue a one-time one-year Renewal IHA following notice
to the public providing an additional 15 days for public comments when
(1) up to another year of identical, or nearly identical, activities as
described in the Detailed Description of Specified Activities section
of the initial IHA issuance notice is planned or (2) the activities as
described in the Description of the Specified Activities and
Anticipated Impacts section of this notice would not be completed by
the time the initial IHA expires and a Renewal would allow for
completion of the activities beyond that described in the DATES section
of the notice of issuance of the initial IHA, provided all of the
following conditions are met:
1. 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).
2. The request for renewal must include the following:
<bullet> 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).
[[Page 21099]]
<bullet> 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.
3. 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.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>. Any
comments received on the potential Renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA Renewal, and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested Renewal, and agency responses will be
summarized in the final notice of our decision.
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
incidental harassment authorization) 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 Renewal
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 Renewal request.
History of Request
On May 10, 2021, NMFS issued an IHA to Ocean Wind to take marine
mammals incidental to marine site characterization survey activities
off the coast of New Jersey in the areas of the Commercial Lease of
Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS-A 0498) and along potential submarine cable
routes to landfall locations in New Jersey (86 FR 6465), effective from
May 10, 2021 through May 09, 2022. On February 18, 2022, NMFS received
an application for the Renewal of that initial IHA. As described in the
application for Renewal IHA, the activities for which incidental take
is requested are identical to those covered in the initial
authorization. As required, the applicant also provided a preliminary
monitoring report (available at <a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey">www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey</a>) which confirms that the applicant
has implemented the required mitigation and monitoring, and which also
shows that no impacts of a scale or nature not previously analyzed or
authorized have occurred as a result of the activities conducted.
Description of the Specified Activities and Anticipated Impacts
Ocean Wind proposes to conduct a second year of high-resolution
geophysical (HRG) marine site characterization surveys in the Lease
Area and along potential ECRs to landfall locations in New Jersey,
between Raritan Bay (part of the New York Bight) and Delaware Bay. The
location, timing, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
original IHA. The purpose of the marine site characterization surveys
are to obtain an assessment of seabed (geophysical, geotechnical, and
geohazard), ecological, and archeological conditions within the
footprint of a planned offshore wind facility development. Surveys are
also conducted to support engineering design and to map unexploded
ordnance. Underwater sound resulting from Ocean Wind's site
characterization survey activities, specifically HRG surveys, has the
potential to result in incidental take of marine mammals in the form of
Level B harassment.
In their 2020 IHA application, Ocean Wind estimated it would
conduct surveys at a rate of 70 kilometers (km) per survey day. Ocean
Wind defined a survey day as a 24-hour activity day. Based on the
planned 24-hours operations, the number of estimated survey days varies
between the Lease Area and ECR area, with 142 vessel survey days
expected in the Lease Area and 133 vessel survey days in the ECR area,
with a total of 275 survey days. A maximum of 2 vessels would operate
concurrently in areas where 24-hr operations would be conducted, with
an additional third vessel potentially conducting daylight-only survey
effort in shallow-water areas. The Renewal IHA would authorize
harassment of marine mammals for a second year of identical survey
activities to be completed in one year, in the same area, using survey
methods identical to those described in the initial IHA application;
therefore, the anticipated impacts on marine mammals and the affected
stocks also remain the same.
Accordingly, the amount of take requested for the Renewal IHA is
also identical to that authorized in the initial IHA. All active
acoustic sources and mitigation and monitoring measures would remain
exactly as described in the Federal Register notices of the initial
proposed IHA (86 FR 17783; April 06, 2021) and issued initial final IHA
(86 FR 26465; May 14, 2021).
The following documents are referenced in this notice and include
important supporting information:
<bullet> Initial final IHA (86 FR 26465; May 14, 2021);
<bullet> Initial proposed IHA (86 FR 17783; April 06, 2021); and
<bullet> 2021 IHA application, references cited, and previous
public comments received (available at <a href="http://www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey">www.fisheries.noaa.gov/action/incidental-take-authorization-ocean-wind-llc-marine-site-characterization-surveys-new-jersey</a>).
Detailed Description of the Activity
A detailed description of the marine site characterization survey
activities for which incidental take is proposed here may be found in
the Federal Register notice of the proposed IHA (86 FR 17783; April 06,
2021) for the initial authorization. Ocean Wind plans to complete the
survey activities analyzed in the initial IHA by the date the IHA
expires (May 09, 2022). The surveys Ocean Wind proposes to conduct
under this renewal would be a second year of identical surveys in the
same area. The general location and nature of the activities, including
the types of equipment planned for use, are identical
[[Page 21100]]
to those described in the previous notices. The proposed Renewal IHA
would be effective from the date of issuance to May 09, 2023 (one year
from the expiration of the initial IHA).
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice of the proposed IHA for the initial
authorization (86 FR 17783; April 06, 2021). NMFS has reviewed the
preliminary monitoring data from the initial IHA, recent draft Stock
Assessment Reports, information on relevant Unusual Mortality Events,
and other scientific literature. Newly available information is
described below.
The draft 2021 Stock Assessment Reports (SARs, available online at:
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports">www.fisheries.noaa.gov/national/marine-mammal-protection/draft-marine-mammal-stock-assessment-reports</a>) provide updated information for
several stocks. Estimated abundance has increased for the U.S.
population of gray seals (from 27,131 (CV=0.19) to 27,300 (CV=0.22)).
Abundance estimates have decreased for Risso's dolphins (from 35,493
(CV=0.19 to 35,215 (CV=0.19)) and harbor seals (from 75,834 (CV=0.15)
to 61,336 (CV=0.08)). Abundance estimates for North Atlantic right
whales have also been updated in the draft 2021 SAR, which states that
right whale abundance has decreased from 412 to 368 (95% CI 356-378)
individuals (Hayes et al., 2021).
Roberts et al. (2021) provided updated modeling methodology
(statistical methods for characterizing model uncertainty) with updated
monthly densities of North Atlantic right whales since the time of the
initial IHA. This model also incorporated additional data from spring
2019 which added transect and sighting data. The new model results
slightly increased density estimates for North Atlantic right whales in
southern New England, but these results do not meaningfully impact the
information supporting exposure estimation in the survey area here.
NMFS has preliminarily determined that neither this nor any other
new information affects which species or stocks have the potential to
be affected or the pertinent information contained in the supporting
documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which the
authorization of take is proposed here may be found in the Federal
Register notice for the proposed initial IHA (86 FR 17783; April 06,
2021). NMFS has reviewed the preliminary monitoring data from the
ongoing survey work under the initial, currently active, IHA, recent
draft Stock Assessment Reports, updates to the NARW density model
(Roberts et al., 2021), information on relevant Unusual Mortality
Events, and other scientific literature, and determined that neither
this nor any other new information affects our initial analysis of
impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notices of the
proposed (86 FR 17783; April 06, 2021) and final (86 FR 26465; May 14,
2021) initial IHAs. The acoustic source types, as well as source levels
applicable to this renewal authorization, methods of take, and
methodology of estimating take remain unchanged from the initial IHA.
Accordingly, the stocks taken, type of take (i.e., Level B harassment
only), and amount of take remain unchanged from what was previously
authorized in the previously issued IHA. The amount of take proposed
for authorization in this renewal is indicated below in Table 1.
Table 1--Take Proposed for Authorization and Proportion of Population Potentially Affected
----------------------------------------------------------------------------------------------------------------
Abundance Takes by Level
Species estimate \1\ B harassment % Population
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North Atlantic right whale--Eubalaena glacialis................. 368 9 2.44
Humpback whale--Megaptera novaeangliae.......................... 1,396 2 0.14
Fin whale--Balaenoptera physalus................................ 6,802 6 0.09
Sei whale--Balaenoptera borealis................................ 6,292 1 0.02
Minke whale--Balaenoptera acutorostrata......................... 21,968 2 0.01
Sperm whale--Physeter macrocephalus............................. 4,349 3 0.07
Long-finned pilot whale--Globicephala melas..................... 39,215 2 0.01
Common bottlenose dolphin (offshore)--Tursiops truncatus........ 62,851 262 0.42
Common bottlenose dolphin (migratory)--Tursiops truncatus....... 6,639 1,410 21.24
Short-finned pilot whale--Globicephala macrorhynchus............ 28,924 2 0.01
Atlantic white-sided dolphin--Lagenorhynchus acutus............. 93,233 16 0.02
Atlantic spotted dolphin--Stenella frontalis.................... 39,921 3 0.01
Risso's dolphin--Stenella frontalis............................. 35,215 30 0.09
Common dolphin--Delphinus delphis............................... 172,974 124 0.07
Harbor porpoise--Phocoena phocoena.............................. 95,543 91 0.10
Harbor seal--Phoca vitulina..................................... 61,336 11 0.02
Gray seal--Halichoerus grypus................................... 451,431 11 0.00
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W.N.A. = Western North Atlantic.
\1\ Abundance estimates have been updated from the initial IHA (86 FR 26465; May 14, 2021) using the 2021 Draft
SARs (Hayes et al., 2021).
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (86 FR 26465; May 14, 2021), and the discussion of the
least practicable adverse impact included in that document remains
applicable. All mitigation, monitoring and reporting measures in the
initial IHA are carried over to this proposed Renewal IHA and
summarized below.
<bullet> Exclusion Zones (EZ): Marine mammal EZs would be
established around the HRG survey equipment and
[[Page 21101]]
monitored by PSOs during marine site characterization surveys as
follows: A 500-m EZ for North Atlantic right whales during use of all
acoustic sources, and a 100-m EZ for all other marine mammals during
use of impulsive acoustic sources (e.g., boomers and/or sparkers).
<bullet> Ramp-up: A ramp-up procedure would be used for HRG
equipment capable of adjusting energy levels at the start or re-start
of survey activities.
<bullet> Shutdown of HRG Equipment: If an HRG source is active and
a marine mammal is observed within or entering a relevant EZ (as
described above), an immediate shutdown of the HRG survey equipment
would be required. 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 (48 m, non-impulsive; 141 m
impulsive), shutdown would occur.
<bullet> Vessel strike avoidance measures: Vessel strike measures
include, but are not limited to, separation distances for large whales
(500 m North Atlantic right whales, 100 m other large whales; 50 m
other cetaceans and pinnipeds), restricted vessel speeds, and
operational maneuvers.
<bullet> Protected Species Observers (PSOs): A minimum of one NMFS-
approved PSO would be on duty and conducting visual observations at all
times during daylight hours (i.e., from 30 minutes prior to sunrise
through 30 minutes following sunset) and two active duty PSOs will be
on watch during all nighttime operations.
<bullet> Reporting: Ocean Wind would submit a final technical
report within 90 days following completion of the surveys. In the event
that Ocean Wind personnel discover an injured or dead marine mammal,
Ocean Wind shall report the incident to the Office of Protected
Resources (OPR), NMFS and to the New England/Mid-Atlantic Regional
Stranding Coordinator through the NOAA Fisheries Marine Mammal and Sea
Turtle Stranding and Entanglement Hotline as soon as feasible. In the
event of a ship strike of a marine mammal by any vessel involved in the
activities covered by the authorization, Ocean Wind shall report the
incident immediately to OPR, NMFS and to the New England/Mid-Atlantic
Regional Stranding Coordinator through the NOAA Fisheries Marine Mammal
and Sea Turtle Stranding and Entanglement Hotline.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (86
FR 17783; April 06, 2021) and solicited public comments on both our
proposal to issue the initial IHA for marine site characterization
surveys and on the potential for a Renewal IHA, should certain
requirements be met.
During the 30-day comment period, NMFS did not receive any
substantive public comments on the proposed IHA (86 FR 17783; April 06,
2021). However, NMFS was later notified that a group of environmental
non-governmental organizations (ENGOs) had submitted a comment letter
during the comment period for the proposed initial IHA. NMFS did not
receive that letter prior to issuance of the initial IHA due to an
email quarantine issue. Below, we describe how we have addressed, with
updated information where appropriate, any comments contained in that
letter that specifically pertain to the Renewal of the 2021 IHA.
Comment: The commenters objected to NMFS' process to consider
extending any 1-year IHA with a truncated 15-day comment period as
contrary to the MMPA.
Response: NMFS' IHA Renewal process meets all statutory
requirements. All IHAs issued, whether an initial IHA or a Renewal IHA,
are valid for a period of not more than 1 year. And the public has at
least 30 days to comment on all proposed IHAs, with a cumulative total
of 45 days for IHA Renewals. As noted above, the Request for Public
Comments section in the initial IHA made clear that the agency was
seeking comment on both the initial proposed IHA and the potential
issuance of a Renewal for this project. Because any Renewal (as
explained in the Request for Public Comments section in the initial
IHA) is limited to another year of identical or nearly identical
activities in the same location (as described in the Description of
Proposed Activity section in the initial IHA) or the same activities
that were not completed within the one-year period of the initial IHA,
reviewers have the information needed to effectively comment on both
the immediate proposed IHA and a possible 1-year Renewal, should the
IHA holder choose to request one.
While there are additional documents submitted with a Renewal
request, for a qualifying Renewal these are limited to documentation
that NMFS will make available and use to verify that the activities are
identical to those in the initial IHA, are nearly identical such that
the changes would have either no effect on impacts to marine mammals or
decrease those impacts, or are a subset of activities already analyzed
and authorized but not completed under the initial IHA. NMFS will also
confirm, among other things, that the activities will occur in the same
location; involve the same species and stocks; provide for continuation
of the same mitigation, monitoring, and reporting requirements; and
that no new information has been received that would alter the prior
analysis. The renewal request also contains a preliminary monitoring
report, but that is to verify that effects from the activities do not
indicate impacts of a scale or nature not previously analyzed. The
additional 15-day public comment period provides the public an
opportunity to review these few documents, provide any additional
pertinent information and comment on whether they think the criteria
for a renewal have been met. NMFS also will provide direct notice of
the proposed Renewal to those who commented on the initial IHA, to
provide an opportunity to submit any additional comments. Between the
initial 30-day comment period on these same activities and the
additional 15 days, the total comment period for a renewal is 45 days.
In addition to the IHA Renewal process being consistent with all
requirements under section 101(a)(5)(D), it is also consistent with
Congress's intent for issuance of IHAs to the extent reflected in
statements in the legislative history of the MMPA. Through the
provision for Renewals in the regulations, description of the process
and express invitation to comment on specific potential Renewals in the
Request for Public Comments section of each proposed IHA, the
description of the process on NMFS' website, further elaboration on the
process through responses to comments such as these, posting of
substantive documents on the agency's website, and provision of 30 or
45 days for public review and comment on all proposed initial IHAs and
Renewals respectively, NMFS has ensured that the public ``is invited
and encouraged to participate fully in the agency decision-making
process.''
For more information, NMFS has published a description of the
Renewal process on our website (available at <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>).
Preliminary Determinations
The survey activities proposed by Ocean Wind are identical to those
analyzed in the initial IHA, including the planned number of days and
general
[[Page 21102]]
location of activity (i.e., OCS-A 0498 and OCS-A 0532), as are the
method of taking and the effects of the action. Therefore, the amount
of take proposed for authorization is unchanged from that authorized in
the initial IHA. The potential effects of Ocean Wind's activities
remain limited to Level B harassment in the form of behavioral
disturbance. No serious injury or mortality of marine mammal is
anticipated. In analyzing the effects of the activities in the initial
IHA, NMFS determined that Ocean Wind's activities would have a
negligible impact on the affected species or stocks and that the
authorized take numbers of each species or stock were small relative to
the relevant stocks (e.g., less than one-third of the abundance of all
stocks). The proposed mitigation measures and monitoring and reporting
requirements as described above are identical to the initial IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has preliminarily
determined the following: (1) The proposed mitigation measures will
affect the least practicable impact on marine mammal species or stocks
and their habitat; (2) the proposed authorized takes will have a
negligible impact on the affected marine mammal species or stocks; (3)
the proposed authorized takes represent small numbers of marine mammals
relative to the affected stock abundances; (4) Ocean Wind activities
would not have an unmitigable adverse impact on taking for subsistence
purposes as no relevant subsistence uses of marine mammals are
implicated by this action, and; (5) appropriate monitoring and
reporting requirements are proposed for inclusion.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (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
consults internally, in this case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO), whenever we propose to authorize
take for endangered or threatened species.
The NMFS Office of Protected Resources is proposing to authorize
the incidental take of four species of marine mammals that are listed
under the ESA: The North Atlantic right, fin, sei and sperm whales. We
requested initiation of consultation under Section 7 of the ESA with
NMFS GARFO on February 04, 2021, for the issuance of the initial IHA.
NMFS GARFO determined that issuance of the IHA to Ocean Wind is not
likely to adversely affect the North Atlantic right, fin, sei, and
sperm whale or the critical habitat of any ESA-listed species or result
in the take of any marine mammals in violation of the ESA, and at this
time considered the potential for a renewal. The proposed Renewal IHA
provides no new information about the effects of the action, nor does
it change the extent of effects of the action, or any other basis to
require re-initiation of the Opinion; therefore, the incidental take
statement issued for the initial IHA remains valid.
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a Renewal IHA to Ocean Wind for conducting marine site
characterization surveys offshore of New Jersey and along potential
submarine cable routes to a landfall location in New Jersey, provided
the previously described mitigation, monitoring, and reporting
requirements are incorporated. A draft of the proposed and final
initial IHA can be found at <a href="http://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request
comment on our analyses, the proposed Renewal IHA, and any other aspect
of this Notice. Please include with your comments any supporting data
or literature citations to help inform our final decision on the
request for MMPA authorization.
Dated: April 6, 2022.
Angela Somma,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-07715 Filed 4-8-22; 8:45 am]
BILLING CODE 3510-22-P
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