Notice2022-23983
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys in the New York Bight and Central Atlantic
Primary source
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Published
November 4, 2022
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from TerraSond Limited (TerraSond) for authorization to take marine mammals incidental to marine site characterization surveys in the New York Bight (off of New York and New Jersey) and in the Central Atlantic (from Delaware to North Carolina). 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, 1 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 authorization 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 213 (Friday, November 4, 2022)</title>
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[Federal Register Volume 87, Number 213 (Friday, November 4, 2022)]
[Notices]
[Pages 66658-66677]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-23983]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC355]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys in the New York Bight and Central Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for
[[Page 66659]]
comments on proposed authorization and possible renewal.
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SUMMARY: NMFS has received a request from TerraSond Limited (TerraSond)
for authorization to take marine mammals incidental to marine site
characterization surveys in the New York Bight (off of New York and New
Jersey) and in the Central Atlantic (from Delaware to North Carolina).
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, 1 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 authorization and agency responses will be
summarized in the final notice of our decision.
DATES: Comments and information must be received no later than December
5, 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#e6afb2b6c8aa879195a688898787c8818990"><span class="__cf_email__" data-cfemail="753c21255b39140206351b1a14145b121a03">[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: Ben Laws, 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="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</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 proposed or, if the taking is limited to harassment, a notice of a
proposed IHA is provided to the public for review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of the species or stocks for
taking for certain subsistence uses (referred to in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of the takings are set forth. The definitions
of all applicable MMPA statutory terms cited above are included in the
relevant sections below.
On August 1, 2022, NMFS announced proposed changes to the existing
North Atlantic right whale vessel speed regulations to further reduce
the likelihood of mortalities and serious injuries to endangered right
whales from vessel collisions, which are a leading cause of the
species' decline and a primary factor in an ongoing Unusual Mortality
Event (87 FR 46921). Should a final vessel speed rule be issued and
become effective during the effective period of this IHA (or any other
MMPA incidental take authorization), the authorization holder would be
required to comply with any and all applicable requirements contained
within the final rule. Specifically, where measures in any final vessel
speed rule are more protective or restrictive than those in this or any
other MMPA authorization, authorization holders would be required to
comply with the requirements of the rule. Alternatively, where measures
in this or any other MMPA authorization are more restrictive or
protective than those in any final vessel speed rule, the measures in
the MMPA authorization would remain in place. These changes would
become effective immediately upon the effective date of any final
vessel speed rule and would not require any further action on NMFS'
part.
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 Shutdown 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 Shutdown. 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 May 19, 2022, NMFS received a request from TerraSond for an IHA
to take marine mammals incidental to site characterization surveys in
the New York Bight. Following NMFS' review of the application,
TerraSond submitted a revised version on July 11, 2022, adding
additional planned survey activity in the Central Atlantic. This
revised application was deemed adequate and complete. TerraSond's
request is for take of 21 species of marine mammals, by Level B
harassment only. Neither TerraSond nor NMFS expect serious injury or
mortality to result from this activity and, therefore, an IHA is
appropriate.
Description of Proposed Activity
Overview
TerraSond proposes to conduct marine site characterization surveys,
including high-resolution geophysical (HRG) surveys, off the coasts of
New Jersey and New York (New York Bight)
[[Page 66660]]
and from Delaware to North Carolina (Central Atlantic). The former
portion of survey effort would be conducted on Bureau of Ocean Energy
Management (BOEM) Lease Areas OCS-A 0539, 0541, and 0542, while the
latter portion of survey effort would be conducted in continental shelf
waters of BOEM's Central Atlantic Call Area. The planned survey effort
would be conducted in support of wind energy development.
The planned marine site characterization survey effort is designed
to obtain data sufficient to meet BOEM guidelines for providing
geophysical, geotechnical, and geohazard information for site
assessment plan surveys and/or construction and operations plan
development. The objective of the surveys is to acquire data on
bathymetry, seafloor morphology, subsurface geology, environmental/
biological sites, seafloor obstructions, soil conditions, and locations
of any man-made, historical or archaeological resources within the
respective survey areas. Underwater sound resulting from TerraSond's
proposed site characterization survey activities, specifically HRG
surveys, has the potential to result in incidental take of marine
mammals in the form of Level B behavioral harassment.
Dates and Duration
The estimated duration of Central Atlantic HRG survey activity is
expected to include a maximum of 1,052 survey days (minimum 661 survey
days, depending on final survey plan) over the course of the 1 year
period of effectiveness for the proposed IHA, with a ``survey day''
defined as a 24-hour (hr) activity period in which active acoustic
sound sources are used. The estimated duration of New York Bight survey
activity is expected to include 385 survey days. Therefore, the total
survey days would range from 1,046 to a maximum of 1,437. For both
components of the activity, survey activities are anticipated to occur
over a minimum of 6-8 months using multiple vessels concurrently, and
likely throughout most of a year. TerraSond proposes to start survey
activity as soon as possible upon issuance of an IHA, if appropriate.
The IHA would be effective for one year from the date of issuance.
Specific Geographic Region
The proposed survey activities will occur within the aforementioned
BOEM Central Atlantic Call Area and within BOEM's Lease Areas OCS-A
0539, 0541, and 0542 in the New York Bight. Please see Figures 1 and 2
below or, for color versions, see the same figures in TerraSond's
application. The Central Atlantic survey area comprises approximately
11,500 square kilometers (km\2\), covering water depths from 20-60
meters (m), and the New York Bight survey area comprises approximately
1,171 km\2\, covering water depths from 30-65 m.
BILLING CODE 3510-22-P
[[Page 66661]]
[GRAPHIC] [TIFF OMITTED] TN04NO22.059
[[Page 66662]]
[GRAPHIC] [TIFF OMITTED] TN04NO22.060
BILLING CODE 3510-22-C
Detailed Description of Specific Activity
TerraSond proposes to conduct HRG survey operations, including
multibeam depth sounding, seafloor imaging, and shallow and medium
penetration sub-bottom profiling. The HRG surveys may be conducted
using any or all of the following equipment types: side scan sonar,
multibeam echosounder, gradiometers, parametric sub-bottom profiler, or
sparkers. TerraSond assumes that HRG survey operations would be
conducted 24 hours per day, with an assumed daily survey distance of
100 km. This average distance per day was calculated by TerraSond from
the maximum achievable survey distance assuming 24-hour survey
operations and an average vessel speed of 3.5 knots (6.5 km/hour) and
then reducing from there based on prior experience to account for
expected downtime related to weather,
[[Page 66663]]
equipment malfunction, and other factors.
Both activity components (Central Atlantic and New York Bight)
would also include geotechnical sampling activities, in addition to HRG
survey activities. Geotechnical sampling activities, including use of
vibracores and seabed core penetration tests, would occur during the
same period as the HRG survey activities, and may entail use of
additional survey vessels and/or take place from the same vessels used
for HRG survey activities. NMFS does not expect geotechnical sampling
activities to present reasonably anticipated risk of causing incidental
take of marine mammals, and these activities are not discussed further
in this notice.
The only acoustic source planned for use during HRG survey
activities proposed by TerraSond with expected potential to cause
incidental take of marine mammals is the sparker. Sparkers are medium
penetration, impulsive sources used to map deeper subsurface
stratigraphy, and which may be operated with different numbers of
electrode tips to allow tuning of the acoustic waveform for specific
applications. Sparkers create omnidirectional acoustic pulses from 50
Hz to 4 kHz, and are typically towed behind the vessel. The sparker
system planned for use is the Applied Acoustics Dura-Spark UHRS 400 +
400 (electrode tips), which is essentially two of the same Applied
Acoustics Dura-Spark sources stacked on top of each other creating two
``decks'' to the sparker. However, the decks will not be discharged
simultaneously, but will be used in an alternating ``flip-flop''
pattern (as discussed below). Thus, for all source configurations
below, the maximum power expected when discharging the sparker source
(single deck) will be 800 Joules (J). Crocker and Fratantonio (2016)
measured the Applied Acoustics Dura-Spark, but did not provide data for
an energy setting near 800 J (for a 400-tip configuration, Crocker and
Fratantonio (2016) provide measurements at 500 and 2,000 J). Therefore,
TerraSond proposes to use a similar alternative system, which was
measured with an input voltage of 750 J, as a surrogate. NMFS concurs
with this selection, which is described in Table 1.
Table 1--Summary of Representative HRG Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
Operating Pulse duration
Equipment frequency SLrms (dB re 1 SL0-pk (dB re 1 (width) Repetition Beamwidth (degrees)
(kHz) [mu]Pa m) [mu]Pa m) (millisecond) rate (second)
--------------------------------------------------------------------------------------------------------------------------------------------------------
SIG ELC 820 sparker (750 J) \1\....... 0.3-1.2 203 213 1.1 0.25 Omni.
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[mu]Pa = micropascal; dB = decibel; Omni = omnidirectional source; re = referenced to; PK = zero-to-peak sound pressure level; SL = source level; SPL =
root-mean-square sound pressure level.
\1\ Proxy for Applied Acoustics Dura-Spark UHRS (800 J).
Operation of the following additional survey equipment types is not
expected to present reasonable risk of marine mammal take, and will not
be discussed further beyond the brief summaries provided below.
<bullet> Non-impulsive, parametric SBPs are used for providing high
data density in sub-bottom profiles that are typically required for
cable routes, very shallow water, and archaeological surveys. These
sources generate short, very narrow-beam (1[deg] to 3.5[deg]) signals
at high frequencies (generally around 85-115 kHz). The narrow beamwidth
significantly reduces the potential that a marine mammal could be
exposed to the signal, while the high frequency of operation means that
the signal is rapidly attenuated in seawater (and cannot be heard by
mysticetes). These sources are typically deployed on a pole rather than
towed behind the vessel.
<bullet> Ultra-short baseline (USBL) positioning systems are used
to provide high accuracy ranges by measuring the time between the
acoustic pulses transmitted by the vessel transceiver and a transponder
(or beacon) necessary to produce the acoustic profile. It is a two-
component system with a pole-mounted transceiver and one or several
transponders mounted on other survey equipment. USBLs are expected to
produce extremely small acoustic propagation distances in their typical
operating configuration.
<bullet> Multibeam echosounders (MBESs) are used to determine water
depths and general bottom topography. The proposed MBESs all have
operating frequencies greater than 180 kHz and are therefore outside
the general hearing range of marine mammals.
<bullet> Side scan sonars (SSS) are used for seabed sediment
classification purposes and to identify natural and man-made acoustic
targets on the seafloor. The proposed SSSs all have operating
frequencies greater than 180 kHz and are therefore outside the general
hearing range of marine mammals.
Central Atlantic--The Central Atlantic activity component includes
two different survey phases that may occur involving different survey
line spacing and potential survey equipment tow configurations. There
are two possible survey methods that may be used during Phase 1, which
the applicant refers to as Alternative 1 and Alternative 2. Alternative
1 would involve the use of a single source vessel towing one sparker
source composed of two ``decks'' of 400 electrode tips each stacked on
top of each other. The two decks would be discharged in alternating
fashion such that only one deck is discharged at a time. Alternative 2
would involve the use of a single source vessel towing 3 of the same
sparker sources with a horizontal separation between the sources of 150
m. Alternative 1 would require acquisition along 58,607 km of
trackline, while Alternative 2 would require acquisition along 19,536
km of trackline. Only one of these two methods would be used for survey
acquisition. Phase 2 would involve a single vessel towing two of the
same sparker sources with a horizontal separation between the sources
of 30 m, and would require acquisition along 46,573 km of trackline. At
an assumed 100 km per day, Phase 1 would require approximately 586 or
195 days, depending on which Alternative is ultimately used, and Phase
2 would require approximately 466 days. Therefore, the Central Atlantic
portion of survey effort is expected to require either 661 or 1,052
survey days. Up to a total of four source vessels may be active
concurrently to accomplish this.
New York Bight--The New York Bight activity component includes
three different survey phases that may occur involving different survey
line spacing and potential survey equipment tow configurations. Phase 1
involves the use of a single source vessel towing one sparker source
composed of two ``decks'' of 400 electrode tips each stacked on top of
each other. As discussed above, the two decks will
[[Page 66664]]
typically be discharged in alternating fashion such that only one deck
is discharged at a time. Phases 2 and 3 would involve a single vessel
towing two of the same sparker sources with a horizontal separation
between the sources of 30 m. These Phases involve acquisition along
14,833, 200, and 23,311 km of trackline, respectively, requiring a
total of approximately 385 days. Up to a total of three source vessels
may be active concurrently to accomplish this.
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. NMFS
fully considered all of this information, and we refer the reader to
these descriptions, incorporated here by reference, instead of
reprinting the information. Additional information regarding population
trends and threats may be found in NMFS' Stock Assessment Reports
(SARs; <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>) and more general information about these
species (e.g., physical and behavioral descriptions) may be found on
NMFS' website (<a href="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 activity, 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. PBR is defined by the MMPA as the maximum
number of animals, not including natural mortalities, that may be
removed from a marine mammal stock while allowing that stock to reach
or maintain its optimum sustainable population (as described in NMFS'
SARs). While no serious injury or mortality is expected to occur, PBR
and annual serious injury and mortality from anthropogenic sources are
included here as gross indicators of the status of the species or
stocks and other threats.
Marine mammal abundance estimates presented in this document
represent the total number of individuals that make up a given stock or
the total number estimated within a particular study or survey area.
NMFS' stock abundance estimates for most species represent the total
estimate of individuals within the geographic area, if known, that
comprises that stock. For some species, this geographic area may extend
beyond U.S. waters. All stocks managed under the MMPA in this region
are assessed in NMFS' U.S. Atlantic and Gulf of Mexico SARs. All values
presented in Table 2 are the most recent available at the time of
publication (2021 SARs) and are available online at:
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>.
Table 2--Species Likely Impacted by the Specified Activities
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Stock abundance (CV,
Common name Scientific name Stock ESA/ MMPA status; Nmin, most recent PBR Annual M/
strategic (Y/N) \1\ abundance survey) \2\ SI \3\
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Order Artiodactyla--Infraorder Cetacea--Mysticeti (baleen whales)
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Family Balaenidae:
North Atlantic right whale..... Eubalaena glacialis... Western North Atlantic E/D; Y 368 (0; 364; 2019) 0.7 7.7
(WNA). \5\.
Family Balaenopteridae (rorquals):
Humpback whale................. Megaptera novaeangliae Gulf of Maine......... -/-; Y 1,393 (0; 1,380; 22 12.15
2016).
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).
Fin whale...................... Balaenoptera physalus. WNA................... E/D; Y 6,802 (0.24; 5,573; 11 1.8
2016).
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Odontoceti (toothed whales, dolphins, and porpoises)
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Family Ziphiidae (beaked whales):
Cuvier's beaked whale.......... Ziphius cavirostris... WNA................... -; N 5,744 (0.36; 4,282; 43 0.2
2016).
Mesoplodont beaked whales\6\... Mesoplodon spp........ WNA................... -; N 10,107 (0.27; 8,085; 81 0.4
2016).
Family Physeteridae:
Sperm whale.................... Physeter macrocephalus North Atlantic........ E/D; Y 4,349 (0.28; 3,451; 3.9 0
2016).
Family Delphinidae:
Rough-toothed dolphin.............. Steno bredanensis..... WNA................... -; N 136 (1.0; 67; 2016).. 0.7 0
Bottlenose dolphin............. Tursiops truncatus.... WNA Offshore.......... -/-; N 62,851 (0.23; 51,914; 519 28
2016).
WNA Northern Migratory Coastal..... -/D;Y................. 6,639 (0.41, 4,759, 48 12.2-21.5............
2016).
Atlantic spotted dolphin....... Stenella frontalis.... WNA................... -/-; N 39,921 (0.27; 32,032; 320 0
2016).
Common dolphin................. Delphinus delphis..... WNA................... -/-; N 172,974 (0.21; 1,452 390
145,216; 2016).
Atlantic white-sided dolphin... Lagenorhynchus acutus. WNA................... -/-; N 93,233 (0.71; 54,443; 544 27
2016).
Risso's dolphin................ Grampus griseus....... WNA................... -/-; N 35,215 (0.19; 30,051; 301 34
2016).
Short finned pilot whale....... Globicephala WNA................... -/-; N 28,924 (0.24; 23,637; 236 136
macrorhynchus. 2016).
Long-finned pilot whale........ G. melas.............. WNA................... -/-; N 39,215 (0.30; 30,627; 306 9
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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[[Page 66665]]
Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals):
Gray seal \4\.................. Halichoerus grypus.... WNA................... -/-; N 27,300 (0.22; 22,785, 1,458 4,452
2016).
Harbor seal.................... Phoca vitulina........ WNA................... -/-; 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). A dash (-) indicates that the species is not listed under the ESA or
designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>. CV
is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
fisheries, ship strike).
\4\ NMFS' stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is
approximately 451,600. The annual M/SI value given is for the total stock.
\5\ The draft 2022 SARs have yet to be released; however, NMFS has updated its species web page to recognize the population estimate for NARWs is now
below 350 animals (<a href="http://www.fisheries.noaa.gov/species/north-atlantic-right-whale">www.fisheries.noaa.gov/species/north-atlantic-right-whale</a>).
\6\ Mesoplodont beaked whales in the U.S. Atlantic include the Gervais beaked whale (M. europaeus), Blainville's beaked whale (M. densirostris),
Sowerby's beaked whale (M. bidens), and True's beaked whale (M. mirus). These species are difficult to identify to the species level at sea;
therefore, much of the available characterization for beaked whales is to genus level only and the species are managed together as a stock.
As indicated above, all 22 species (with 20 managed stocks) in
Table 2 temporally and spatially co-occur with the activity to the
degree that take is reasonably likely to occur. Although other species
have been documented in the area, the temporal and/or spatial
occurrence of these species is such that take is not expected to occur
and they are not analyzed further. In addition to what is included in
Sections 3 and 4 of the application, the SARs, and NMFS' website,
further detail informing the baseline for select species (i.e.,
information regarding current Unusual Mortality Events (UME) and
important habitat areas) is provided below.
North Atlantic Right Whale
Since 2010, the North Atlantic right whale population has been in
decline (Pace et al., 2017), with a 40 percent decrease in calving rate
(Kraus et al., 2016). 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. Calf numbers have increased since 2018,
with twenty right whale calves documented in 2021 and fifteen in 2022.
As described in Table 2, the current SAR population estimate for North
Atlantic right whales is 368; however, NMFS has updated its species web
page to recognize the population estimate for NARWs is below 350
animals (<a href="http://www.fisheries.noaa.gov/species/north-atlantic-right-whale">www.fisheries.noaa.gov/species/north-atlantic-right-whale</a>).
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 31 of the mortalities or serious injuries thus
far. As of October 20, 2022, a total of 91 confirmed cases of
mortality, serious injury, or morbidity (sublethal injury or illness)
have been documented. The preliminary cause of most of these cases is
from rope entanglements or vessel strikes. More information is
available online at: <a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-north-atlantic-right-whale-unusual-mortality-event">www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-north-atlantic-right-whale-unusual-mortality-event</a>.
The proposed survey area is part of a migratory corridor
Biologically Important Area (BIA) for North Atlantic right whales
(effective March-April and November-December) that extends from
Massachusetts to Florida (LeBrecque et al., 2015). The migratory
corridor covers the survey area, extending from the coast to beyond the
shelf break. This important migratory area is approximately 269,488
km\2\ in size (compared with the approximately 12,671 km\2\ of total
planned survey area) and is comprised of the waters of the continental
shelf offshore the East Coast of the United States, extending from
Florida through Massachusetts. NMFS does not expect that the potential
acoustic effects of the planned survey activity are likely to
meaningfully impact North Atlantic right whale migratory behavior
through this corridor.
Humpback Whale
NMFS recently evaluated the status of the species, and on September
8, 2016, NMFS divided the species into 14 distinct population segments
(DPS), removed the species-level listing, and in its place listed four
DPSs as endangered and one DPS as threatened (81 FR 62260, September 8,
2016). The remaining nine DPSs were not listed. The West Indies DPS,
which is not listed under the ESA, is the only DPS of humpback whale
that is expected to occur in the survey area. Bettridge et al. (2015)
estimated the size of this population at 12,312 (95 percent CI 8,688-
15,954) whales in 2004-05, which is consistent with previous population
estimates of approximately 10,000-11,000 whales (Stevick et al., 2003;
Smith et al., 1999) and the increasing trend for the West Indies DPS
(Bettridge et al., 2015). Whales occurring in the survey area are
considered to be from the West Indies DPS, but are not necessarily from
the Gulf of Maine feeding population managed as a stock by NMFS.
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 161 known cases to date. Of the whales examined, about 50 percent
had evidence of human interaction, either ship strike or entanglement.
While a portion of the whales have shown evidence of pre-mortem vessel
strike, this finding is not consistent across all whales examined and
more research is needed. NOAA is consulting with researchers that are
conducting studies on the humpback whale populations, and these efforts
may provide information on changes in whale distribution and habitat
use that could
[[Page 66666]]
provide additional insight into how these vessel interactions occurred.
More information is available at: <a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2016-2022-humpback-whale-unusual-mortality-event-along-atlantic-coast">www.fisheries.noaa.gov/national/marine-life-distress/2016-2022-humpback-whale-unusual-mortality-event-along-atlantic-coast</a>.
Minke Whale
Since January 2017, elevated minke whale mortalities have occurred
along the Atlantic coast from Maine through South Carolina, with a
total of 123 strandings to date. This event has been declared a UME.
Full or partial necropsy examinations were conducted on more than 60
percent of the whales. Preliminary findings in several of the whales
have shown evidence of human interactions or infectious disease, but
these findings are not consistent across all of the whales examined, so
more research is needed. More information is available at:
<a href="http://www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-minke-whale-unusual-mortality-event-along-atlantic-coast">www.fisheries.noaa.gov/national/marine-life-distress/2017-2022-minke-whale-unusual-mortality-event-along-atlantic-coast</a>.
Seals
Since June 2022, elevated numbers of harbor seal and gray seal
mortalities have occurred across the southern and central coast of
Maine. This event has been declared a UME. Preliminary testing of
samples has found some harbor and gray seals positive for highly
pathogenic avian influenza.
The above event was preceded by a different UME occurring between
2018-2020 (closure of the 2018-2020 UME is pending). Beginning in July
2018, elevated numbers of harbor seal and gray seal mortalities
occurred across Maine, New Hampshire and Massachusetts. Additionally,
stranded seals have shown clinical signs as far south as Virginia,
although not in elevated numbers, therefore the UME investigation
encompassed all seal strandings from Maine to Virginia. A total of
3,152 reported strandings (of all species) had occurred from July 1,
2018, through March 13, 2020. Full or partial necropsy examinations
have been conducted on some of the seals and samples have been
collected for testing. Based on tests conducted thus far, the main
pathogen found in the seals is phocine distemper virus. NMFS is
performing additional testing to identify any other factors that may be
involved in this UME, which is pending closure. 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. 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, 2019) recommended that marine mammals be divided into hearing
groups based on directly measured (behavioral or auditory evoked
potential techniques) or estimated hearing ranges (behavioral response
data, anatomical modeling, etc.). 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 3.
Table 3--Marine Mammal Hearing Groups
[NMFS, 2018]
------------------------------------------------------------------------
Hearing group Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen 7 Hz to 35 kHz.
whales).
Mid-frequency (MF) cetaceans (dolphins, 150 Hz to 160 kHz.
toothed whales, beaked whales, bottlenose
whales).
High-frequency (HF) cetaceans (true 275 Hz to 160 kHz.
porpoises, Kogia, river dolphins,
Cephalorhynchid, Lagenorhynchus cruciger &
L. australis).
Phocid pinnipeds (PW) (underwater) (true 50 Hz to 86 kHz.
seals).
Otariid pinnipeds (OW) (underwater) (sea 60 Hz to 39 kHz.
lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
composite (i.e., all species within the group), where individual
species' hearing ranges are typically not as broad. Generalized
hearing range chosen based on ~65 dB threshold from normalized
composite audiogram, with the exception for lower limits for LF
cetaceans (Southall et al. 2007) and PW pinniped (approximation).
The pinniped functional hearing group was modified from Southall et
al. (2007) on the basis of data indicating that phocid species have
consistently demonstrated an extended frequency range of hearing
compared to otariids, especially in the higher frequency range
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt,
2013).
For more detail concerning these groups and associated frequency
ranges, please see NMFS (2018) for a review of available information.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
This section provides a discussion of the ways in which 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 the New York Bight and Central Atlantic areas (e.g., 85 FR
36537, June 17, 2020; 85 FR 37848, June 24, 2020; 85 FR 48179, August
10, 2020; 87 FR 38067, June 27, 2022). No significant new information
is available, and we refer the reader to these documents rather than
repeating the details here. The Estimated Take section later in this
document includes a quantitative analysis of the number of individuals
that are expected to be taken by this activity. The Negligible Impact
Analysis and Determination section considers the content of this
section, the Estimated Take section, and the Proposed Mitigation
section, to draw conclusions regarding the likely impacts of these
activities on the reproductive success or
[[Page 66667]]
survivorship of individuals and whether those impacts are reasonably
expected to, or reasonably likely to, adversely affect the species or
stock through effects on annual rates of recruitment or survival.
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 TerraSond'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 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.
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.
Sound may affect marine mammals through impacts on the abundance,
behavior, or distribution of prey species (e.g., crustaceans,
cephalopods, fish, zooplankton) (i.e., effects to marine mammal
habitat). Prey species exposed to sound might move away from the sound
source, experience TTS, experience masking of biologically relevant
sounds, or show no obvious direct effects. The most likely impacts (if
any) for most prey species in a given area would be temporary avoidance
of the area. Surveys using active acoustic sound sources move through
an area relatively quickly, limiting exposure to multiple pulses. In
all cases, sound levels would return to ambient once a survey ends and
the noise source is shut down and, when exposure to sound ends,
behavioral and/or physiological responses are expected to end
relatively quickly. Finally, the HRG survey equipment will not have
significant impacts to the seafloor and does not represent a source of
pollution.
Vessel Strike
Vessel collisions with marine mammals, or ship strikes, can result
in death or serious injury of the animal. These interactions are
typically associated with large whales, which are less maneuverable
than are smaller cetaceans or pinnipeds in relation to large vessels.
Ship strikes generally involve commercial shipping vessels, which are
generally larger and of which there is much more traffic in the ocean
than geophysical survey vessels. Jensen and Silber (2004) summarized
ship strikes of large whales worldwide from 1975-2003 and found that
most collisions occurred in the open ocean and involved large vessels
(e.g., commercial shipping). For vessels used in geophysical survey
activities, vessel speed while towing gear is typically only 4-5 knots.
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 TerraSond'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
determinations.
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);
[[Page 66668]]
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 sound produced by the sparker. 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., Shutdown zones and shutdown measures), discussed in
detail below in the Proposed Mitigation section, further strengthens
the conclusion that Level A harassment is not a reasonably anticipated
outcome of the survey activity. As described previously, no serious
injury or mortality is anticipated or proposed to be authorized for
this activity. Below we describe how the proposed take numbers are
estimated.
For acoustic impacts, 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) the number of days of activities. We note
that while these factors can contribute to a basic calculation to
provide an initial prediction of potential takes, additional
information that can qualitatively inform take estimates is also
sometimes available (e.g., previous monitoring results or average group
size). Below, we describe the factors considered here in more detail
and present the proposed take estimates.
Acoustic Thresholds
NMFS 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 or exposure context (e.g., frequency, predictability, duty
cycle, duration of the exposure, signal-to-noise ratio, distance to the
source), the environment (e.g., bathymetry, other noises in the area,
predators in the area), and the receiving animals (hearing, motivation,
experience, demography, life stage, depth) and can be difficult to
predict (e.g., Southall et al., 2007, 2021, Ellison et al., 2012).
Based on what the available science indicates and the practical need to
use a threshold based on a metric that is both predictable and
measurable for most activities, NMFS typically uses a generalized
acoustic threshold based on received level to estimate the onset of
behavioral harassment. NMFS generally predicts that marine mammals are
likely to be behaviorally harassed in a manner considered to be Level B
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 160 dB (referenced
to 1 micropascal (re 1 [mu]Pa)) for impulsive (e.g., seismic airguns)
or intermittent (e.g., scientific sonar) sources. Generally speaking,
Level B harassment take estimates based on these behavioral harassment
thresholds are expected to include any likely takes by TTS as, in most
cases, the likelihood of TTS occurs at distances from the source less
than those at which behavioral harassment is likely. TTS of a
sufficient degree can manifest as behavioral harassment, as reduced
hearing sensitivity and the potential reduced opportunities to detect
important signals (conspecific communication, predators, prey) may
result in changes in behavior patterns that would not otherwise occur.
TerraSond's proposed activity includes the use of impulsive
(sparker) sources, and therefore the RMS SPL thresholds of 160 dB re 1
[mu]Pa is applicable.
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). The
references, analysis, and methodology used in the development of the
thresholds are described in NMFS' 2018 Technical Guidance, which may be
accessed at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
TerraSond's proposed activity includes the use of impulsive (i.e.,
sparkers) 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 TerraSond's application for details of a
quantitative exposure analysis exercise, i.e., calculated Level A
harassment isopleths and estimated Level A harassment exposures.
TerraSond 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
Here, we describe operational and environmental parameters of the
activity that are used in estimating the area ensonified above the
acoustic thresholds, including source levels and transmission loss
coefficient.
NMFS has developed a user-friendly methodology for estimating the
extent of the Level B harassment isopleths associated with relevant HRG
survey equipment (NMFS, 2020). This methodology incorporates frequency
and directionality (when relevant) to refine estimated ensonified
zones. For acoustic sources that operate with different beamwidths, the
maximum beamwidth is used, and the lowest frequency of the source is
used when calculating the frequency-dependent absorption coefficient
(Table 1). The sparkers proposed for use by TerraSond are
omnidirectional and, therefore, beamwidth does not factor into the
calculations.
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 provides relevant source
parameters used in the calculations. Results of modeling using the
methodology described above
[[Page 66669]]
produced an estimated Level B harassment isopleth 141 m.
Central Atlantic--Phase 1, Alternative 1 would involve a single
towed source, and daily ensonified area was calculated as follows: (100
km x 2 x 0.141 km) + ([pi] x (0.141\2\ km). Distributing the 58,607 km
of Phase 1, Alternative 1 survey activity across the 12-month period of
anticipated activity results in approximately 48.8 survey days per
month, which was multiplied by the daily ensonified area to give a
monthly ensonified area of 1,380 km. Phase 1, Alternative 2 would
involve three towed sources with 150 m horizontal separation between
them. Daily ensonified area was calculated as follows: (100 km x 2 x
(0.141 km + 0.15 km) + ([pi] x (0.291\2\ km). Distributing the 19,536
km of Phase 1, Alternative 2 survey activity across the 12-month period
of anticipated activity results in approximately 16.3 survey days per
month, which was multiplied by the daily ensonified area to give a
monthly ensonified area of 952 km\2\. Because only one of the
alternatives would ultimately be selected, the monthly ensonified area
associated with Alternative 1 was used to estimate potential marine
mammal take for Phase 1.
Phase 2 would involve two towed sources with 30 m horizontal
separation between them. Daily ensonified area was calculated as
follows: (100 km x 2 x (0.141 km + 0.015 km) + ([pi] x (0.156\2\ km).
Distributing the 46,573 km of Phase 2 survey activity across the 12-
month period of anticipated activity results in approximately 38.8
survey days per month, which was multiplied by the daily ensonified
area to give a monthly ensonified area of 1,214 km\2\.
New York Bight--Phase 1 would involve a single towed source, and
ensonified area was calculated in the same manner as described above
for Central Atlantic Phase 1, Alternative 1. Distributing the 14,833 km
of Phase 1 survey activity across the 12-month period of anticipated
activity results in approximately 12.4 survey days per month, which was
multiplied by the daily ensonified area to give a monthly ensonified
area of 349 km\2\. Phases 2 and 3 would each use a dual source
configuration with a horizontal separation distance of 30 m between the
sources, and ensonified area was calculated in the same manner as
described above for Central Atlantic Phase 2. For Phase 2, TerraSond
assumes that there would be two days of survey activity, giving a total
ensonified area of 62.6 km\2\. Distributing the combined 23,311 km of
Phase 3 survey activity across the 12-month period of anticipated
activity results in approximately 19.4 survey days per month, which was
multiplied by the daily ensonified area to give a monthly ensonified
area of 608 km\2\.
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information that
will inform the take calculations.
Habitat-based density models produced by the Duke University Marine
Geospatial Ecology Laboratory (Roberts and Halpin, 2022) represent the
best available information regarding marine mammal densities in the
survey area. These density data incorporate aerial and shipboard line-
transect survey data from NMFS and other organizations and incorporate
data from numerous physiographic and dynamic oceanographic and
biological covariates, and control 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, the 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.
In order to select a representative sample of grid cells in and
near each survey area, TerraSond created a 10-km wide perimeter around
each area (Figures 1 and 2) in GIS. The perimeter was then used to
select grid cells in and around each area containing the monthly or
annual estimates for each species. The average monthly abundance for
each species in the each area was calculated as the mean value of the
selected grid cells in each month. See Tables 10 and 11 in TerraSond's
application for density values used in the analysis.
Density information is presented for seals generically. In order to
generate species-specific density values, TerraSond multiplied seal
density values by the proportion of total SAR-estimated seal abundance
attributed to each species. Roberts and Halpin (2022) similarly provide
generic density information for pilot whales and bottlenose dolphin. In
the Central Atlantic survey area, where both species of pilot whales
could be encountered, TerraSond requested that the density-based take
estimate be divided equally across the two species. In the New York
Bight survey area, only the long-finned pilot whale is expected to be
present, and all estimated takes are attributed to that species. For
bottlenose dolphin, although the northern coastal migratory stock could
be present in the region, all survey effort is in sufficiently deep
water (20-65 m) that we assume all potential bottlenose dolphin takes
are appropriately assigned to the offshore stock.
Densities from each of the selected density blocks were averaged
for each month available to provide monthly density estimates for each
species (when available based on the temporal resolution of the model
products), along with the average annual density. Please see Tables 7
and 8 of TerraSond's application for density values used in the
exposure estimation process for the Lease Area and the potential ECRs,
respectively. Note that no density estimates are available for the
portion of the ECR area in Delaware Bay, so the marine mammal densities
from the density models of Roberts et al. were assumed to apply to this
area. Additional data regarding average group sizes from survey effort
in the region was considered to ensure adequate take estimates are
evaluated.
Take Estimation
Here we describe how the information provided above is synthesized
to produce a quantitative estimate of the take that is reasonably
likely to occur and proposed for authorization.
Estimates of the potential number of takes by Level B harassment
were calculated by multiplying the monthly density for each species in
the respective survey areas (Central Atlantic and New York Bight) by
the respective monthly ensonified area for each Phase and then summing
across the 12 months. TerraSond evaluated monitoring reports from the
vicinity of the survey areas, finding that the common dolphin estimated
take number for the New York Bight survey area may be underestimated.
Based on these observational data, TerraSond assumes that 16 common
dolphins may be encountered within the harassment zone on each survey
data. Based on the planned 385 survey days in the New York Bight survey
area, this produces an estimate of 6,160 takes. This larger value is
substituted for the density-based take estimate for common dolphins.
Table 4 provides information about the take estimates and take proposed
for authorization.
[[Page 66670]]
Table 4--Estimated Take Numbers and Total Take Proposed for Authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated Estimated Percent abundance
Species take--Central take--New York Proposed take -------------------------------------------
Atlantic Bight authorization Phase 1 Phase 2 Phase 1 Phase 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale.................................. 5.1 4.5 1.9 0.0 3.3 15 4.1
Humpback whale.............................................. 21.6 19.0 4.0 0.1 7.0 52 3.7
Minke whale................................................. 30.7 27.0 14.7 0.2 25.5 98 0.4
Sei whale................................................... 4.9 4.3 1.2 0.0 2.2 13 0.2
Fin whale................................................... 44.1 38.8 8.0 0.1 14.0 105 1.5
Cuvier's beaked whale....................................... 29.1 25.6 0 0 0 55 1.0
Mesoplodont beaked whales................................... 5.7 5.0 0 0 0 11 0.1
Sperm whale................................................. 16.0 14.1 0.6 0 1.1 32 0.7
Rough-toothed dolphin\1\.................................... 2.0 1.6 0 0 0 10 7.4
Bottlenose dolphin.......................................... 1,427.7 1,255.6 116.6 1.8 202.8 3,005 4.8
Atlantic spotted dolphin.................................... 605.6 532.6 20.9 0.3 36.3 1,196 3.0
Common dolphin \2\.......................................... 5,097.1 4,482.4 597.5 8.9 1,039.1 11,225 6.5
Atlantic white-sided dolphin................................ 117.6 103.4 45.1 0.7 78.4 345 0.4
Risso's dolphin............................................. 171.9 151.2 5.7 0.1 9.9 339 1.0
Short-finned pilot whale.................................... 238.8 210.1 0 0 0 449 1.6
Long-finned pilot whale..................................... 238.9 210.0 11.1 0.2 19.3 480 1.2
Harbor porpoise............................................. 124.0 109.1 102.1 1.5 177.6 514 0.5
Gray seal................................................... 439.7 386.7 60.6 0.9 105.4 993 0.2
Harbor seal................................................. 237.5 208.9 136.2 2.0 236.9 822 1.3
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\1\ For rough-toothed dolphin, we propose to authorize take in the form of one encounter with a group of average size, as assumed average group size
(10) is larger than the total estimated take number (4). Mean group sizes were calculated from regional sightings data (Whitt et al., 2015; Kraus et
al., 2016; Palka et al., 2017).
\2\ For common dolphin, estimated take numbers for the New York Bight survey area were calculated based on an assumption (based on monitoring data from
the area) that 16 dolphins per day could be encountered within the harassment zone. These values were larger than and used instead of the results of
density-based calculations.
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, NMFS
considers 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, as
well as subsistence uses. This considers the nature of the potential
adverse impact being mitigated (likelihood, scope, range). It further
considers the likelihood that the measure will be effective if
implemented (probability of accomplishing the mitigating result if
implemented as planned), the likelihood of effective implementation
(probability implemented as planned), and;
(2) The practicability of the measures for applicant
implementation, which may consider such things as cost, and impact on
operations.
NMFS proposes that the following mitigation measures be implemented
during TerraSond's planned marine site characterization surveys.
Pursuant to section 7 of the ESA, TerraSond 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="http://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">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>).
Visual Monitoring and Shutdown Zones
During survey operations (e.g., any day on which use of the sparker
source is planned to occur, and whenever the sparker source is in the
water, whether activated or not), a minimum of one visual marine mammal
observer (PSO) must be on duty on each source vessel and conducting
visual observations at all times during daylight hours (i.e., from 30
minutes prior to sunrise through 30 minutes following sunset). A
minimum of two PSOs must be on duty on each source vessel during
nighttime hours. Visual monitoring must begin no less than 30 minutes
prior to ramp-up (described below) and must continue until one hour
after use of the sparker source ceases.
Visual PSOs shall coordinate to ensure 360[deg] visual coverage
around the vessel from the most appropriate observation posts and shall
conduct visual observations using binoculars and the naked eye while
free from distractions and in a consistent, systematic, and diligent
manner. PSOs shall establish and monitor applicable shutdown zones (see
below). These zones shall be based upon the radial distance from the
sparker source (rather than being based around the vessel itself).
Two shutdown zones are defined, depending on the species and
context. Here, an extended shutdown zone encompassing the area at and
below the sea surface out to a radius of 500 meters from the sparker
source (0-500 meters) is defined for North Atlantic right whales. For
all other marine mammals, the shutdown zone encompasses a standard
distance of 100 meters (0-100 meters). Any observations of marine
mammals by crew members aboard any vessel associated with the survey
shall be relayed to the PSO team.
Visual PSOs may be on watch for a maximum of four consecutive hours
followed by a break of at least one hour between watches and may
conduct a maximum of 12 hours of observation per 24-hour period.
[[Page 66671]]
Pre-Start Clearance and Ramp-Up
A ramp-up procedure, involving a gradual increase in source level
output, is required at all times as part of the activation of the
sparker source when technically feasible. Operators should ramp up
sparkers to half power for 5 minutes and then proceed to full power. A
30-minute pre-start clearance observation period must occur prior to
the start of ramp-up. The intent of pre-start clearance observation (30
minutes) is to ensure no marine mammals are within the shutdown zones
prior to the beginning of ramp-up. The intent of ramp-up is to warn
marine mammals of pending operations and to allow sufficient time for
those animals to leave the immediate vicinity. All operators must
adhere to the following pre-start clearance and ramp-up requirements:
<bullet> The operator must notify a designated PSO of the planned
start of ramp-up as agreed upon with the lead PSO; the notification
time should not be less than 60 minutes prior to the planned ramp-up in
order to allow the PSOs time to monitor the shutdown zones for 30
minutes prior to the initiation of ramp-up (pre-start clearance).
During this 30 minute pre-start clearance period the entire shutdown
zone must be visible, except as indicated below.
<bullet> Ramp-ups shall be scheduled so as to minimize the time
spent with the source activated.
<bullet> A visual PSO conducting pre-start clearance observations
must be notified again immediately prior to initiating ramp-up
procedures and the operator must receive confirmation from the PSO to
proceed.
<bullet> Any PSO on duty has the authority to delay the start of
survey operations if a marine mammal is detected within the applicable
pre-start clearance zone.
<bullet> The operator must establish and maintain clear lines of
communication directly between PSOs on duty and crew controlling the
acoustic source to ensure that mitigation commands are conveyed swiftly
while allowing PSOs to maintain watch.
<bullet> The pre-start clearance requirement is waived for small
delphinids and pinnipeds. Detection of a small delphinid (individual
belonging to the following genera of the Family Delphinidae: Steno,
Delphinus, Lagenorhynchus, Stenella, and Tursiops) or pinniped within
the shutdown zone does not preclude beginning of ramp-up, unless the
PSO confirms the individual to be of a genus other than those listed,
in which case normal pre-clearance requirements apply.
<bullet> 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 the pre-clearance
requirement is waived), PSOs may use best professional judgment in
making the decision to call for a shutdown.
<bullet> Ramp-up may not be initiated if any marine mammal to which
the pre-start clearance requirement applies is within the shutdown
zone. If a marine mammal is observed within the shutdown zone during
the 30 minute pre-start clearance period, ramp-up may not begin until
the animal(s) has been observed exiting the zones or until an
additional time period has elapsed with no further sightings (30
minutes for all baleen whale species and sperm whales and 15 minutes
for all other species).
<bullet> PSOs must monitor the shutdown zones 30 minutes before and
during ramp-up, and ramp-up must cease and the source must be shut down
upon observation of a marine mammal within the applicable shutdown
zone.
<bullet> 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. Sparker activation may only occur at night where operational
planning cannot reasonably avoid such circumstances.
<bullet> If the acoustic source is shut down for brief periods
(i.e., less than 30 minutes) for reasons other than implementation of
prescribed mitigation (e.g., mechanical difficulty), it may be
activated again without ramp-up if PSOs have maintained constant visual
observation and no detections of marine mammals have occurred within
the applicable shutdown zone. For any longer shutdown, pre-start
clearance observation and ramp-up are required.
Shutdown
All operators must adhere to the following shutdown requirements:
<bullet> Any PSO on duty has the authority to call for shutdown of
the sparker source if a marine mammal is detected within the applicable
shutdown zone.
<bullet> The operator must establish and maintain clear lines of
communication directly between PSOs on duty and crew controlling the
source to ensure that shutdown commands are conveyed swiftly while
allowing PSOs to maintain watch.
<bullet> When the sparker source is active and a marine mammal
appears within or enters the applicable shutdown zone, the source must
be shut down. When shutdown is instructed by a PSO, the source must be
immediately deactivated and any dispute resolved only following
deactivation.
<bullet> The shutdown requirement is waived for small delphinids
and pinnipeds. If a small delphinid (individual belonging to the
following genera of the Family Delphinidae: Steno, Delphinus,
Lagenorhynchus, Stenella, and Tursiops) or pinniped is visually
detected within the shutdown zone, no shutdown is required unless the
PSO confirms the individual to be of a genus other than those listed,
in which case a shutdown is required.
<bullet> 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 or
one of the species with a larger shutdown zone), PSOs may use best
professional judgment in making the decision to call for a shutdown.
<bullet> Upon implementation of shutdown, the source may be
reactivated after the marine mammal has been observed exiting the
applicable shutdown zone or following a clearance period (30 minutes
for all baleen whale species and sperm whales and 15 minutes for all
other species) with no further detection of the marine mammal.
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.
Vessel Strike Avoidance
Crew and supply vessel personnel should use an appropriate
reference guide that includes identifying information on all marine
mammals that may be encountered. Vessel operators must comply with the
below measures except under extraordinary circumstances when the safety
of the vessel or crew is in doubt or the safety of life at sea is in
question. These requirements do not apply in any 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 marine mammals and slow down, stop their vessel, or alter
course, as appropriate and regardless of vessel size, to avoid striking
any marine mammal. A single marine mammal at the surface may indicate
the presence of submerged animals in the vicinity of the vessel;
therefore, precautionary measures
[[Page 66672]]
should always be exercised. A visual observer aboard the vessel must
monitor a vessel strike avoidance zone around the vessel (species-
specific distances detailed 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 marine mammal 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 mammals.
<bullet> All vessels, regardless of size, must observe a 10-knot
speed restriction in specific areas designated by NMFS for the
protection of North Atlantic right whales from vessel strikes. These
include all Seasonal Management Areas (SMA) (when in effect), any
dynamic management areas (DMA) (when in effect), and Slow Zones. See
<a href="http://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales">www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales</a> for specific detail
regarding these areas.
<bullet> Vessel speeds must also be reduced to 10 knots or less
when mother/calf pairs, pods, or large assemblages of cetaceans are
observed near a vessel.
<bullet> All vessels must maintain a minimum separation distance of
500 m from right whales. If a right whale is sighted within the
relevant separation distance, the vessel must steer a course away at 10
knots or less until the 500-m separation distance has been established.
If a whale is observed but cannot be confirmed as a species other than
a right 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 sperm whales and all other baleen whales.
<bullet> All vessels must, to the maximum extent practicable,
attempt to maintain a minimum separation distance of 50 m from all
other marine mammals, with an understanding that at times this may not
be possible (e.g., for animals that approach the vessel).
<bullet> When marine mammals are sighted while a vessel is
underway, the vessel shall take action as necessary to avoid violating
the relevant separation distance (e.g., attempt to remain parallel to
the animal's course, avoid excessive speed or abrupt changes in
direction until the animal has left the area, reduce speed and shift
the engine to neutral). This does not apply to any vessel towing gear
or any vessel that is navigationally constrained.
Members of the PSO team will consult NMFS' North Atlantic right
whale reporting system and Whale Alert, daily and as able, for the
presence of North Atlantic right whales throughout survey operations,
and for the establishment of DMAs and/or Slow Zones. It is TerraSond's
responsibility to maintain awareness of the establishment and location
of any such areas and to abide by these requirements accordingly.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has preliminarily
determined that the proposed mitigation measures provide the means of
effecting the least practicable impact on the affected 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 while
conducting the activities. 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 activity; or (4) biological or
behavioral context of exposure (e.g., age, calving or feeding areas);
<bullet> Individual marine mammal responses (behavioral or
physiological) to acoustic stressors (acute, chronic, or cumulative),
other stressors, or cumulative impacts from multiple stressors;
<bullet> How anticipated responses to stressors impact either: (1)
long-term fitness and survival of individual marine mammals; or (2)
populations, species, or stocks;
<bullet> Effects on marine mammal habitat (e.g., marine mammal prey
species, acoustic habitat, or other important physical components of
marine mammal habitat); and,
<bullet> Mitigation and monitoring effectiveness.
TerraSond must use independent, dedicated, trained PSOs, meaning
that the PSOs must be employed by a third-party observer provider, must
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 mammal and mitigation requirements (including
brief alerts regarding maritime hazards), and must have successfully
completed an approved PSO training course for geophysical surveys.
Visual monitoring must be performed by qualified, NMFS-approved PSOs.
PSO resumes must be provided to NMFS for review and approval prior to
the start of survey activities.
PSO names must be provided to NMFS by the operator for review and
confirmation of their approval for specific roles prior to commencement
of the survey. For prospective PSOs not previously approved, or for
PSOs whose approval is not current, NMFS must review and approve PSO
qualifications. Resumes should include information related to relevant
education, experience, and training, including dates, duration,
location, and description of prior PSO experience. Resumes must be
accompanied by relevant documentation of successful completion of
necessary training.
NMFS may approve PSOs as conditional or unconditional. A
conditionally-approved PSO may be one who is trained but has not yet
attained the requisite experience. An unconditionally-approved PSO is
one who has attained the necessary experience. For unconditional
approval, the PSO must have a minimum of 90 days at sea performing the
role during a geophysical survey, with the conclusion of the most
recent relevant experience not more than 18 months previous.
At least one of the visual PSOs aboard the vessel must be
unconditionally-approved. One unconditionally-approved visual PSO shall
be
[[Page 66673]]
designated as the lead for the entire PSO team. This lead should
typically be the PSO with the most experience, who would coordinate
duty schedules and roles for the PSO team and serve as primary point of
contact for the vessel operator. To the maximum extent practicable, the
duty schedule shall be planned such that unconditionally-approved PSOs
are on duty with conditionally-approved PSOs.
PSOs must successfully complete relevant training, including
completion of all required coursework and passing (80 percent or
greater) a written and/or oral examination developed for the training
program.
PSOs must have successfully attained a bachelor's degree from an
accredited college or university with a major in one of the natural
sciences, a minimum of 30 semester hours or equivalent in the
biological sciences, and at least one undergraduate course in math or
statistics. The educational requirements may be waived if the PSO has
acquired the relevant skills through alternate experience. Requests for
such a waiver shall be submitted to NMFS and must include written
justification. Alternate experience that may be considered includes,
but is not limited to (1) secondary education and/or experience
comparable to PSO duties; (2) previous work experience conducting
academic, commercial, or government-sponsored marine mammal surveys;
and (3) previous work experience as a PSO (PSO must be in good standing
and demonstrate good performance of PSO duties).
TerraSond must work with the selected third-party PSO provider to
ensure PSOs have all equipment (including backup equipment) needed to
adequately perform necessary tasks, including accurate determination of
distance and bearing to observed marine mammals, and to ensure that
PSOs are capable of calibrating equipment as necessary for accurate
distance estimates and species identification. Such equipment, at a
minimum, shall include:
<bullet> At least one thermal (infrared) imagine device suited for
the marine environment;
<bullet> Reticle binoculars (e.g., 7 x 50) of appropriate quality
(at least one per PSO, plus backups);
<bullet> Global Positioning Units (GPS) (at least one plus
backups);
<bullet> Digital cameras with a telephoto lens that is at least
300-mm or equivalent on a full-frame single lens reflex (SLR) (at least
one plus backups). The camera or lens should also have an image
stabilization system;
<bullet> Equipment necessary for accurate measurement of distances
to marine mammal;
<bullet> Compasses (at least one plus backups);
<bullet> Means of communication among vessel crew and PSOs; and
<bullet> Any other tools deemed necessary to adequately and
effectively perform PSO tasks.
The equipment specified above may be provided by an individual PSO,
the third-party PSO provider, or the operator, but TerraSond is
responsible for ensuring PSOs have the proper equipment required to
perform the duties specified in the IHA.
The PSOs will be responsible for monitoring the waters surrounding
the survey vessel to the farthest extent permitted by sighting
conditions, including shutdown zones, during all HRG survey operations.
PSOs will visually monitor and identify marine mammals, including those
approaching or entering the established shutdown zones during survey
activities. It will be the responsibility of the PSO(s) 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.
PSOs must be equipped with binoculars and have the ability to
estimate distance and bearing to detect marine mammals, particularly in
proximity to shutdown 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 must be available for use. 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 should 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 the 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 (see Proposed Reporting
Measures). 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
TerraSond shall submit a draft summary report on all activities and
monitoring results within 90 days of the completion of the survey or
expiration of the IHA, whichever comes sooner. The report must describe
all activities conducted and sightings of marine mammals, must provide
full documentation of methods, results, and interpretation pertaining
to all monitoring, and must summarize the dates and locations of survey
operations and all marine mammals sightings (dates, times, locations,
activities, associated survey activities). The draft report shall also
include geo-referenced, time-stamped vessel tracklines for all time
periods during which acoustic sources were operating. Tracklines should
include points recording any change in acoustic source status (e.g.,
when the sources began operating, when they were turned off, or when
they changed operational status such as from full array to single gun
or vice versa). GIS files shall be provided in ESRI shapefile format
and include the UTC date and time, latitude in decimal degrees, and
longitude in decimal degrees. All coordinates shall be referenced to
the WGS84 geographic coordinate system. In addition to the report, all
raw observational data shall be made available. The report must
summarize the information. A final report must be submitted within 30
days following resolution of any comments on the draft report. All
draft and final marine mammal monitoring reports must be submitted to
<a href="/cdn-cgi/l/email-protection#0d5d5f2344595d234062636479627f64636a5f687d627f797e4d63626c6c236a627b"><span class="__cf_email__" data-cfemail="c09092ee899490ee8dafaea9b4afb2a9aea792a5b0afb2b4b380aeafa1a1eea7afb6">[email protected]</span></a> and <a href="/cdn-cgi/l/email-protection#99f7f4ffeab7fef8ebb7f0f7faf0fdfcf7edf8f5b4edf8f2fcd9f7f6f8f8b7fef6ef"><span class="__cf_email__" data-cfemail="204e4d46530e4741520e494e434944454e54414c0d54414b45604e4f41410e474f56">[email protected]</span></a>.
PSOs must use standardized electronic data forms to record data.
PSOs shall record detailed information about any implementation of
mitigation requirements, including the distance of marine mammal to the
acoustic source and description of specific actions that ensued, the
behavior of the animal(s), any observed changes in behavior before and
after implementation of mitigation, and if shutdown was implemented,
the length of time before any subsequent ramp-up of the acoustic
source. If required mitigation was not implemented, PSOs should record
a description of the circumstances. At a minimum, the following
information must be recorded:
1. Vessel name (source vessel), vessel size and type, maximum speed
capability of vessel;
[[Page 66674]]
2. Dates of departures and returns to port with port name;
3. PSO names and affiliations;
4. Date and participants of PSO briefings;
5. Visual monitoring equipment used;
6. PSO location on vessel and height of observation location above
water surface;
7. Dates and times (Greenwich Mean Time) of survey on/off effort
and times corresponding with PSO on/off effort;
8. Vessel location (decimal degrees) when survey effort begins and
ends and vessel location at beginning and end of visual PSO duty
shifts;
9. Vessel location at 30-second intervals if obtainable from data
collection software, otherwise at practical regular interval;
10. Vessel heading and speed at beginning and end of visual PSO
duty shifts and upon any change;
11. Water depth (if obtainable from data collection software);
12. Environmental conditions while on visual survey (at beginning
and end of PSO shift and whenever conditions change significantly),
including BSS and any other relevant weather conditions including cloud
cover, fog, sun glare, and overall visibility to the horizon;
13. Factors that may contribute to impaired observations during
each PSO shift change or as needed as environmental conditions change
(e.g., vessel traffic, equipment malfunctions); and
14. Survey activity information (and changes thereof), such as
acoustic source power output while in operation, number and volume of
airguns operating in an array, tow depth of an acoustic source, and any
other notes of significance (i.e., pre-start clearance, ramp-up,
shutdown, testing, shooting, ramp-up completion, end of operations,
streamers, etc.).
15. Upon visual observation of any marine mammal, the following
information must be recorded:
a. Watch status (sighting made by PSO on/off effort, opportunistic,
crew, alternate vessel/platform);
b. Vessel/survey activity at time of sighting (e.g., deploying,
recovering, testing, shooting, data acquisition, other);
c. PSO who sighted the animal;
d. Time of sighting;
e. Initial detection method;
f. Sightings cue;
g. Vessel location at time of sighting (decimal degrees);
h. Direction of vessel's travel (compass direction);
i. Speed of the vessel(s) from which the observation was made;
j. 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;
k. Species reliability (an indicator of confidence in
identification);
l. Estimated distance to the animal and method of estimating
distance;
m. Estimated number of animals (high/low/best);
n. Estimated number of animals by cohort (adults, yearlings,
juveniles, calves, group composition, etc.);
o. 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);
p. Detailed behavior observations (e.g., number of blows/breaths,
number of surfaces, breaching, spyhopping, diving, feeding, traveling;
as explicit and detailed as possible; note any observed changes in
behavior before and after point of closest approach);
q. Mitigation actions; description of any actions implemented in
response to the sighting (e.g., delays, shutdowns, ramp-up, speed or
course alteration, etc.) and time and location of the action;
r. Equipment operating during sighting;
s. Animal's closest point of approach and/or closest distance from
the center point of the acoustic source; and
t. Description of any actions implemented in response to the
sighting (e.g., delays, shutdown, ramp-up) and time and location of the
action.
If a North Atlantic right whale is observed at any time by PSOs or
personnel on the project vessel, during surveys or during vessel
transit, TerraSond must report the sighting information to the NMFS
North Atlantic Right Whale Sighting Advisory System (866-755-6622)
within 2 hours of occurrence, when practicable, or no later than 24
hours after occurrence. North Atlantic right whale sightings in any
location may also be reported to the U.S. Coast Guard via channel 16
and through the WhaleAlert app (<a href="http://www.whalealert.org">www.whalealert.org</a>).
In the event that personnel involved in the survey activities
discover an injured or dead marine mammal, the incident must be
reported to NMFS as soon as feasible by phone (866-755-6622) and by
email (<a href="/cdn-cgi/l/email-protection#d3bdbeb5a0fdb4b2a1fda0a7a1b2bdb7babdb493bdbcb2b2fdb4bca5"><span class="__cf_email__" data-cfemail="a8c6c5cedb86cfc9da86dbdcdac9c6ccc1c6cfe8c6c7c9c986cfc7de">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#a8f8fa86e1fcf886e5c7c6c1dcc7dac1c6cffacdd8c7dadcdbe8c6c7c9c986cfc7de"><span class="__cf_email__" data-cfemail="ca9a98e4839e9ae487a5a4a3bea5b8a3a4ad98afbaa5b8beb98aa4a5ababe4ada5bc">[email protected]</span></a>). The report must 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 event of a ship strike of a marine mammal by any vessel
involved in the activities, TerraSond must report the incident to NMFS
by phone (866-755-6622) and by email (<a href="/cdn-cgi/l/email-protection#9ff1f2f9ecb1f8feedb1ecebedfef1fbf6f1f8dff1f0fefeb1f8f0e9"><span class="__cf_email__" data-cfemail="86e8ebe0f5a8e1e7f4a8f5f2f4e7e8e2efe8e1c6e8e9e7e7a8e1e9f0">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection#6232304c2b36324c2f0d0c0b160d100b0c053007120d101611220c0d03034c050d14"><span class="__cf_email__" data-cfemail="3b6b6915726f6b15765455524f544952555c695e4b54494f487b55545a5a155c544d">[email protected]</span></a>) as soon as feasible. The report must
include the following information:
1. Time, date, and location (latitude/longitude) of the incident;
2. Species identification (if known) or description of the
animal(s) involved;
3. Vessel's speed during and leading up to the incident;
4. Vessel's course/heading and what operations were being conducted
(if applicable);
5. Status of all sound sources in use;
6. 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;
7. Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, visibility) immediately preceding the
strike;
8. Estimated size and length of animal that was struck;
9. Description of the behavior of the marine mammal immediately
preceding and/or following the strike;
10. If available, description of the presence and behavior of any
other marine mammals immediately preceding the strike;
11. 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
12. 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
[[Page 66675]]
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 impacts or responses (e.g., intensity, duration), the
context of any impacts or responses (e.g., critical reproductive time
or location, foraging impacts affecting energetics), 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' implementing regulations (54 FR 40338,
September 29, 1989), the impacts from other past and ongoing
anthropogenic activities are incorporated into this analysis via their
impacts on the 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, the majority of our analysis applies to all
the species listed in Table 2, given that the anticipated effects of
this project on different marine mammal stocks are expected to be
relatively similar in nature. Where there are meaningful differences
between species or stocks, or groups of species, in anticipated
individual responses to activities, impact of expected take on the
population due to differences in population status, or impacts on
habitat, they are included as a separate sub-sections. Specifically, we
provide additional discussion related to North Atlantic right whale and
to other species currently experiencing UMEs.
NMFS does not anticipate that serious injury or mortality would
occur as a result of 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, e.g., 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, Ellison et al., 2012). 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. 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
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. The proposed
survey area overlaps a migratory corridor BIA for North Atlantic right
whales that extends from Massachusetts to Florida and from the coast to
beyond the shelf break. Due to the fact that the proposed survey
activities are temporary and the spatial extent of sound produced by
the survey would be small relative to the spatial extent of the
available migratory habitat in the BIA, right whale migration is not
expected to be impacted by the proposed survey. Given the relatively
small size of the ensonified area, it is unlikely that prey
availability would be adversely affected by HRG survey operations.
Required vessel strike avoidance measures will also decrease risk of
ship strike during migration; no ship strike is expected to occur
during TerraSond's proposed activities. Additionally, only very limited
take by Level B harassment of North Atlantic right whales has been
requested and is being proposed for authorization by NMFS as HRG survey
operations are required to maintain and implement a 500 m shutdown
zone. The 500 m shutdown zone for right whales is conservative,
considering the Level B harassment isopleth for the 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
estimated zones in conjunction with the aforementioned shutdown
requirements. NMFS does not anticipate North Atlantic right whales
takes that would result from TerraSond's proposed activities would
impact annual rates of recruitment or survival. Thus, any takes that
occur would not result in population level impacts.
Other Marine Mammal Species With Active UMEs
As noted previously, there are several active UMEs occurring in the
vicinity of TerraSond's proposed survey areas. Elevated humpback whale
mortalities have occurred along the Atlantic coast from Maine through
Florida since 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 2017, elevated minke whale strandings have occurred
along the Atlantic coast from Maine through South Carolina, with
highest numbers in Massachusetts, Maine, and New York. This event does
not provide cause for concern regarding population level impacts, as
the likely population abundance is greater than 20,000 whales.
Elevated numbers of harbor seal and gray seal mortalities were
first observed between 2018-2020 and, as part of a separate UME, again
in 2022. These have occurred across Maine, New Hampshire, and
Massachusetts. Based on tests conducted so far, the main
[[Page 66676]]
pathogen found in the seals is phocine distemper virus (2018-2020) and
avian influenza (2022), although additional testing to identify other
factors that may be involved in the UMEs is underway. The UMEs do not
provide cause for concern regarding population-level impacts to any of
these stocks. For harbor seals, the population abundance is over 60,000
and annual M/SI (339) is well below PBR (1,729) (Hayes et al., 2021).
The population abundance for gray seals in the United States is over
27,000, with an estimated abundance, including seals in Canada, of
approximately 450,000. In addition, the abundance of gray seals is
likely increasing in the U.S. Atlantic as well as in Canada (Hayes et
al., 2021).
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 particular, they would provide animals the
opportunity to move away from the sound source before HRG survey
equipment reaches full energy, thus preventing them from being exposed
to more severe Level B harassment. No Level A harassment is
anticipated, even in the absence of mitigation measures, or proposed
for authorization.
NMFS expects that takes would be in the form of short-term Level B
behavioral harassment by way of brief startling reactions and/or
temporary vacating of the area, or decreased foraging (if such activity
was occurring)--reactions that (at the scale and intensity anticipated
here) are considered to be of low severity, with no lasting biological
consequences. Since both the sources and marine mammals are mobile,
animals would only be exposed briefly to a small ensonified area that
might result in take. Required mitigation measures, such as shutdown
zones and ramp up, 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
for authorization;
<bullet> No Level A harassment (PTS) is anticipated, even in the
absence of mitigation measures, or proposed for authorization;
<bullet> Foraging success is not likely to be significantly
impacted as effects on species that serve as prey species for marine
mammals from the survey are expected to be minimal;
<bullet> The availability of alternate areas of similar habitat
value for marine mammals to temporarily vacate the ensonified areas
during the planned survey to avoid exposure to sounds from the
activity;
<bullet> Take is anticipated to be primarily Level B behavioral
harassment consisting of brief startling reactions and/or temporary
avoidance of the ensonified area;
<bullet> While the survey area is within areas noted as a migratory
BIA for North Atlantic right whales, avoidance of the survey area due
to the activities is not anticipated and would not likely affect
migration. In addition, mitigation measures require shutdown at 500 m
(almost four times the size of the Level B harassment isopleth of 141
m) to minimize the effects of any Level B harassment take of the
species; and
<bullet> The proposed mitigation measures, including visual
monitoring and shutdowns, are expected to minimize potential impacts to
other 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 previously, 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.
The amount of take NMFS proposes to authorize is below one-third of
the estimated stock abundance for all species (total take is less than
7.5 percent of the abundance of the affected stocks for all species,
see Table 4). The figures presented in Table 4 are considered
conservative estimates for purposes of the small numbers determination
as they assume all takes represent different individual animals, which
is unlikely to be the case.
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 would 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 consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS Office of Protected Resources is proposing to authorize the
incidental take of four species of marine mammals which are listed
under the ESA, including the North Atlantic right, fin, sei, and sperm
whale, and has determined that these activities fall within the scope
of activities analyzed in 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 TerraSond for conducting site characterization survey
activity in the described Central Atlantic and New York Bight survey
areas, provided the previously mentioned mitigation, monitoring, and
reporting requirements
[[Page 66677]]
are incorporated. A draft of the proposed IHA can be found at:
<a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</a>.
Request for Public Comments
We request comment on our analyses, the proposed authorization, and
any other aspect of this notice of proposed IHA. We also request
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, 1 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 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: October 31, 2022.
Catherine G. Marzin,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2022-23983 Filed 11-3-22; 8:45 am]
BILLING CODE 3510-22-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.