Notice2023-09194
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction of the Maryland Offshore Wind Project Offshore of Maryland
Primary source
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Published
May 2, 2023
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from US Wind, Inc. (US Wind) for authorization to take small numbers of marine mammals incidental to the development of the Maryland Offshore Wind Project (Project) in the Bureau of Ocean Energy Management (BOEM) Commercial Lease on the Outer Continental Shelf OCS-A 0490 off of Maryland over the course of 5 years beginning on January 1, 2025. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of US Wind's request for regulations governing the incidental taking of marine mammals. NMFS invites the public to provide information, suggestions, and comments on US Wind's application and request.
Full Text
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<title>Federal Register, Volume 88 Issue 84 (Tuesday, May 2, 2023)</title>
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[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27463-27464]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-09194]
[[Page 27463]]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC748]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Construction of the Maryland Offshore Wind Project
Offshore of Maryland
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
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SUMMARY: NMFS has received a request from US Wind, Inc. (US Wind) for
authorization to take small numbers of marine mammals incidental to the
development of the Maryland Offshore Wind Project (Project) in the
Bureau of Ocean Energy Management (BOEM) Commercial Lease on the Outer
Continental Shelf OCS-A 0490 off of Maryland over the course of 5 years
beginning on January 1, 2025. Pursuant to regulations implementing the
Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of US
Wind's request for regulations governing the incidental taking of
marine mammals. NMFS invites the public to provide information,
suggestions, and comments on US Wind's application and request.
DATES: Comments and information must be received no later than June 1,
2023.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and
electronic comments should be sent to <a href="/cdn-cgi/l/email-protection#367f62661842574f5a5944765859575718515940"><span class="__cf_email__" data-cfemail="561f02067822372f3a3924163839373778313920">[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 received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</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: Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427-8401. An electronic copy of US Wind's
application may be obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://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
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce (as delegated to NMFS) to allow, upon
request, the incidental, but not intentional, taking of small numbers
of marine mammals by U.S. citizens who engage in a specified activity
(other than commercial fishing) within a specified geographical region
if certain findings are made and either regulations are issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An incidental take authorization shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 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.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On August 31, 2022, NMFS received an application from US Wind
requesting authorization to take marine mammals incidental to the
development of the Project in the BOEM Lease Area OCS-A-0490 off of
Maryland. In response to our comments, and following an extensive
information exchange with NMFS, US Wind submitted a final revised
application on March 31, 2023, which we deemed adequate and complete on
April 3, 2023. US Wind requests the regulations and subsequent Letter
of Authorization (LOA) be valid for 5 years, beginning on January 1,
2025.
US Wind plans to construct the Project in three phases. Maryland
Wind (phase 1; MarWin) is scheduled to be constructed in 2025; Momentum
Wind (phase 2) is scheduled to be constructed in 2026; and Future
Development (phase 3) is scheduled to be constructed in 2027. Each
phase would include impact installation of wind turbine generators
(WTG) and offshore substation (OSS) foundations, and inter-array and
export cable trenching, laying, and burial. In addition, a single
meteorological (met) tower would be installed during Momentum Wind
construction. Site characterization surveys would be conducted only
during the Momentum Wind and Future Development phases. Vessels would
be used to transport crew, supplies, and materials to the project area
to support construction. US Wind has determined that a subset of these
activities (i.e., installing piles using impact pile driving and site
characterization surveys) may result in the take, by Level A harassment
and Level B harassment, of marine mammals. Therefore, US Wind requests
authorization to incidentally take marine mammals.
Specified Activities
Through a competitive leasing process under 30 CFR 585.211, US Wind
was awarded Commercial Lease OCS-A 0490, offshore of Maryland, and the
exclusive rights to submit a construction and operations plan (COP) for
activities within the lease area. US Wind has submitted a COP to BOEM
proposing the construction, operation, maintenance, and conceptual
decommissioning of the Project, which is a commercial-scale offshore
wind energy facilities within a Lease Area covering approximately
80,000 acres (323.75 square kilometers (km\2\)) and located
approximately 18.5 km off the
[[Page 27464]]
coast of Maryland. The Project would consist of a total capacity of up
to two gigawatts (GW) and US Wind has secured power purchase agreements
(PPAs) with the state of Maryland for 1,108 megawatts (MW). The Project
would include MarWin, a wind farm of approximately 300 MW, Momentum
Wind, consisting of approximately 808 MW, and future development in the
remainder of the lease area. The Project would consist of up to 114
wind turbine generators, 4 OSSs, 1 met tower, 2 transmission cables to
shore making landfall in Delaware, and up to 4 export cables.
US Wind anticipates the following activities may potentially result
in the harassment of marine mammals during the effective period of the
requested regulations and associated LOA:
<bullet> Installing up to 114 WTG monopile foundations with a
maximum diameter of 11 meters (m) using a 4,400 kJ impact hammer;
<bullet> Installing up to four OSSs foundation using 11-m monopiles
driven with a 4,400 kJ impact hammer or jacket foundation comprised of
3-m pin piles driven with a 1,500 kJ impact hammer, or suction bucket
foundations;
<bullet> Installing one permanent met tower supported by three 1.8-
m pin piles using a 500 kJ impact hammer; and
<bullet> Using HRG equipment to survey the Lease Area over 28 days.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning US Wind's request (see ADDRESSES). NMFS will
consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by US Wind, if appropriate.
Dated: April 26, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-09194 Filed 5-1-23; 8:45 am]
BILLING CODE 3510-22-P
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