Notice2023-28404
Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to New England Wind, Phase 1 Park City Wind Marine Site Characterization Surveys
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 26, 2023
Effective
March 1, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Park City Wind, LLC (Park City Wind), for the re-issuance of a previously issued incidental harassment authorization (IHA) with the only change being effective dates. The initial IHA authorized take of marine mammals incidental to marine site characterization surveys in coastal waters off of Massachusetts, Rhode Island, Connecticut, and New York. The project has been delayed and none of the work covered in the initial IHA has been conducted. The scope of the activities and anticipated effects remain the same, authorized take numbers are not changed, and the required mitigation, monitoring, and reporting remains the same as included in the initial IHA. NMFS is, therefore, issuing a second identical IHA to cover the incidental take analyzed and authorized in the initial IHA.
Full Text
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<title>Federal Register, Volume 88 Issue 246 (Tuesday, December 26, 2023)</title>
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[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88892-88894]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28404]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD546]
Takes of Marine Mammals Incidental To Specified Activities;
Taking Marine Mammals Incidental to New England Wind, Phase 1 Park City
Wind Marine Site Characterization Surveys
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
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SUMMARY: NMFS has received a request from Park City Wind, LLC (Park
City Wind), for the re-issuance of a previously issued incidental
harassment authorization (IHA) with the only change being effective
dates. The initial IHA authorized take of marine mammals incidental to
marine site characterization surveys in coastal waters off of
Massachusetts, Rhode Island, Connecticut, and New York. The project has
been delayed and none of the work covered in the initial IHA has been
conducted. The scope of the activities and anticipated effects remain
the same, authorized take numbers are not changed, and the required
mitigation, monitoring, and reporting remains the same as included in
the initial IHA. NMFS is, therefore, issuing a second identical IHA to
cover the incidental take analyzed and authorized in the initial IHA.
DATES: This authorization is effective from March 1, 2024, through
February 28, 2025.
ADDRESSES: An electronic copy of the final 2022 IHA previously issued
to Park City Wind, Park City Wind's application, and the Federal
Register notices proposing and issuing the initial IHA may be obtained
by visiting <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-park-city-wind-llc-new-england-wind-project-phase-1-marine">https://www.fisheries.noaa.gov/action/incidental-take-authorization-park-city-wind-llc-new-england-wind-project-phase-1-marine</a>. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as
delegated to
[[Page 88893]]
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 authorization for incidental takings 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 September 1, 2022, NMFS published final notice of our issuance
of an IHA authorizing take of 16 species of marine mammals incidental
to marine site characterization surveys in coastal waters off of
Massachusetts, Rhode Island, Connecticut, and New York in the area of
the Bureau of Ocean Energy Management (BOEM) Commercial Lease of
Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS)-A 0543 and along potential offshore export
cable corridors (OECC) to landfall locations (87 FR 44087). The
effective dates of that IHA were September 1, 2022, through August 31,
2023. On October 30, 2023, Park City Wind informed NMFS that the
project was delayed. None of the work identified in the initial IHA
(i.e., geophysical, geotechnical, and geohazard data collection) has
occurred. Park City Wind submitted a request to re-issue the IHA, with
effective dates from March 1, 2024, through February 28, 2025, in order
to conduct the marine site characterization survey work that was
analyzed and authorized through the previously issued IHA. The initial
IHA was effective from September 1, 2022, through August 31, 2023. Park
City Wind has requested issuance with new effective dates of March 1,
2024, through February 28, 2025.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
As part of their overall marine site characterization survey
operations, Park City Wind plans to conduct high-resolution geophysical
(HRG) and geotechnical surveys in Lease Area OCS-A 0543, and the
associated OECC. The purpose of the marine site characterization
surveys is to collect data concerning seabed (geophysical,
geotechnical, and geohazard), ecological, and archeological conditions
within the footprint of offshore wind facility development. Surveys are
also conducted to map potential unexploded ordnance (UXO) and benthic
habitat studies.
The location, timing, and nature of the activities, including the
types of equipment planned for use, are identical to those described
for the initial IHA. The mitigation and monitoring are also as
prescribed in the initial IHA.
Species that have the potential to be taken by the planned
activities can be found in the initial 2022 Federal Register notices
(87 FR 32123, 87 FR 44087). A description of the methods and inputs
used to estimate take anticipated to occur and, ultimately, the take
that was authorized is found in the previous documents referenced
above. NMFS has reviewed recent Stock Assessment Reports, information
on relevant Unusual Mortality Events, and recent scientific literature,
and determined that no new information affects our original analysis of
impacts under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2022 IHA for Park City Wind's survey work (87 FR 44087), Park
City Wind's application, the Federal Register notice of the proposed
IHA (87 FR 32123), and all associated references and documents.
On August 1, 2022, NMFS announced proposed changes to the existing
NARW vessel speed regulations to further reduce the likelihood of
mortalities and serious injuries to endangered NARWs 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,
August 1, 2022). 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's
part.
Determinations
Park City Wind will conduct activities as analyzed in the initial
2022 IHA. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHA and no new information
has emerged that would change those findings. The issued 2024 IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial 2022 IHA, and there is no new information
suggesting that our analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) Park City
Wind's
[[Page 88894]]
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action.
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 with respect to environmental
consequences on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NAO 216-6A, which do not individually or cumulatively have the
potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this IHA.
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 previously determined that
issuance of the initial 2022 IHA falls within the scope of activities
analyzed in NMFS Greater Atlantic Regional Fisheries Office's
programmatic consultation regarding geophysical surveys along the U.S.
Atlantic coast in the 3 Atlantic Renewable Energy Regions (completed
June 29, 2021; revised September 2021).
Authorization
NMFS has issued an IHA to Park City Wind for marine site
characterization survey activities associated with the specified
activity from March 1, 2024, through February 28, 2025. All previously
described mitigation, monitoring, and reporting requirements from the
initial 2022 IHA are incorporated.
Dated: December 20, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-28404 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on December 26, 2023.
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