Notice2024-10419
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Revolution Wind Offshore Wind Energy Project Offshore of Rhode Island
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
May 13, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the Marine Mammal Protection Act (MMPA), as amended, its implementing regulations, and NMFS' MMPA Regulations for Taking Marine Mammals Incidental to Construction of the Revolution Wind Project Offshore of Rhode Island, notification is hereby given that upon request from Revolution Wind, LLC (Revolution Wind), NMFS has modified a Letter of Authorization (LOA) issued to Revolution Wind for the take of marine mammals incidental to activities associated with construction of the Revolution Wind Offshore Wind Energy Project (hereafter known as the "Project") in Federal and State waters offshore Rhode Island. Specifically, NMFS has removed the requirement that each real-time passive acoustic monitoring (PAM) data stream must be monitored by separate PAM operators. NMFS has determined that this modification to the aforementioned monitoring requirement does not change the findings made for the regulations and does not result in any change in the total estimated number of takes of marine mammals.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 93 (Monday, May 13, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 93 (Monday, May 13, 2024)]
[Notices]
[Pages 41391-41392]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-10419]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD900]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Revolution Wind Offshore Wind
Energy Project Offshore of Rhode Island
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; modification of letter of authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as
amended, its implementing regulations, and NMFS' MMPA Regulations for
Taking Marine Mammals Incidental to Construction of the Revolution Wind
Project Offshore of Rhode Island, notification is hereby given that
upon request from Revolution Wind, LLC (Revolution Wind), NMFS has
modified a Letter of Authorization (LOA) issued to Revolution Wind for
the take of marine mammals incidental to activities associated with
construction of the Revolution Wind Offshore Wind Energy Project
(hereafter known as the ``Project'') in Federal and State waters
offshore Rhode Island. Specifically, NMFS has removed the requirement
that each real-time passive acoustic monitoring (PAM) data stream must
be monitored by separate PAM operators. NMFS has determined that this
modification to the aforementioned monitoring requirement does not
change the findings made for the regulations and does not result in any
change in the total estimated number of takes of marine mammals.
[[Page 41392]]
DATES: The modified LOA is valid through November 19, 2028.
ADDRESSES: The issued modified LOA may be obtained online at <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-revolution-wind-llc-construction-revolution-wind-energy">https://www.fisheries.noaa.gov/action/incidental-take-authorization-revolution-wind-llc-construction-revolution-wind-energy</a>.
FOR FURTHER INFORMATION CONTACT: Carter Esch, Office of Protected
Resources, NMFS, (301) 427-8401.
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
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, regulations are promulgated (when
applicable), and public notice and an opportunity for public comment
are provided.
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). If such findings are made, NMFS must prescribe the
permissible methods of taking and other ``means of effecting the least
practicable adverse impact'' on the affected species or stocks and
their habitat, paying particular attention to rookeries, mating
grounds, and areas of similar significance, and on the availability of
such species or stocks for taking for certain subsistence uses
(referred to as ``mitigation''); and requirements pertaining to the
monitoring and reporting of such takings.
NMFS promulgated a final rule in the Federal Register on October
20, 2023 (88 FR 72562), which governs the incidental take of marine
mammals incidental to Revolution Wind's construction of the Project in
Federal and State waters offshore Rhode Island, specifically within the
Bureau of Ocean Energy Management (BOEM) Commercial Lease of Submerged
Lands for Renewable Energy Development on the Outer Continental Shelf
(OCS) Lease Area OCS-A-0486 and along two export cable routes to sea-
to-shore transition points. The rule became effective on November 20,
2023, and is valid through November 19, 2028. The regulations allow
NMFS to approve requests for modification to the LOA's specified
activity or the mitigation, monitoring, or reporting measures if NMFS
determines the requested change does not change the findings made for
promulgation of the regulations and does not result in more than a
minor change in the total estimated number of takes (see 50 CFR
217.277(b)).
NMFS issued a LOA to Revolution Wind on November 20, 2023, and
published a notice of issuance in the Federal Register on November 27,
2023 (88 FR 82834). The LOA authorized Revolution Wind to take, by
harassment, marine mammals incidental to specified construction
activities, specifically impact pile driving of wind turbine generator
and offshore substation monopile foundations, UXO/MEC detonations,
vibratory pile driving of cofferdams and goal posts, pneumatic
hammering of casing pipes, and high-resolution geophysical vessel-based
site characterization surveys, within the specified geographical
region.
Summary of Request and Analysis
On March 7, 2024, NMFS received a request from Revolution Wind to
remove the ``per acoustic data stream'' requirement from LOA measure
4(c)(2) (``Concurrently, at least one PAM operator per acoustic data
stream (equivalent to the number of acoustic buoys) must be actively
monitoring for marine mammals. . .''). Revolution Wind requested other
LOA modifications in their March letter; however, NMFS is not making
these modifications at this time because solutions to the challenges
have been identified. In support of its acoustic data stream request,
Revolution Wind cited challenges that had not adequately been
considered prior to promulgation of the regulations. Specifically,
Revolution Wind cited limited vessel space, the financial burden of
employing multiple PAM operators, and the limited pool of qualified
candidates as concerns associated with the need to maintain a rotation
of four on-duty PAM operators. The regulations and LOA allow for PAM
operators to monitor from a shoreside location; however, the PAM system
Revolution Wind is using is configured such that PAM operators must be
located on the foundation installation vessel. Moreover, Revolution
Wind highlighted that some functionalities of the PAM software planned
for use (e.g., the ability to localize on the position of an acoustic
detection) are optimized when a single PAM operator evaluates the
software data products for all acoustic buoy data streams rather than
having multiple PAM operators view separate data streams. NMFS'
evaluation indicated that the requested modification would alleviate
concerns that were not fully considered by Revolution Wind previously
while also allowing for potential improvement in localization efficacy.
NMFS expects PAM operators to acoustically detect marine mammals within
the applicable zones with the same level of efficacy and in accordance
with a NMFS-approved PAM Plan. Furthermore, NMFS did not incorporate
mitigation and monitoring measures, other than 10-decibel sound
attenuation and seasonal restrictions, into the estimated take
analysis. Therefore, NMFS has determined that the requested
modification of measure 4(c)(2) does not change the findings made for
the regulations and does not result in changes in the total estimated
take numbers.
NMFS has removed the language requiring that each acoustic data
stream must be monitored by a separate PAM operator from the modified
LOA. The modified LOA specifies that at least one on-duty PAM operator
must monitor acoustic data streams prior to, during, and following
foundation installations.
Authorization
NMFS has issued a modified LOA to Revolution Wind authorizing the
take, by harassment, of small numbers of marine mammals incidental to
specified construction activities associated with the Project, which
includes the modified monitoring measure discussed herein.
Dated: May 6, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-10419 Filed 5-10-24; 8:45 am]
BILLING CODE 3510-22-P
</pre></body>
</html>Indexed from Federal Register on May 13, 2024.
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.