Notice2024-15706
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's Marine Site Characterization Surveys in the New York Bight
Primary source
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Published
July 17, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS received a request from Invenergy Wind Offshore, LLC (IWO) for the renewal of their currently active incidental harassment authorization (IHA) (hereinafter, the "initial IHA") to take marine mammals incidental to marine site characterization surveys in the New York Bight, 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 0542 (Lease Area) and associated Export Cable Route (ECR) survey area (ECR Area) . IWO's specified activities are identical to those included in the initial IHA. The initial IHA expires on July 30, 2024. Pursuant to the Marine Mammal Protection Act, prior to issuing the initial IHA, NMFS requested comments on both the proposed IHA and the potential for renewing the initial authorization if certain requirements were satisfied. The renewal requirements have been satisfied, and NMFS is now providing an additional 15-day comment period to allow for any additional comments on the proposed renewal not previously provided during the initial 30-day comment period.
Full Text
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<title>Federal Register, Volume 89 Issue 137 (Wednesday, July 17, 2024)</title>
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[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58124-58128]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-15706]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE042]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's
Marine Site Characterization Surveys in the New York Bight
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization renewal;
request for comments on proposed authorization.
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SUMMARY: NMFS received a request from Invenergy Wind Offshore, LLC
(IWO) for the renewal of their currently active incidental harassment
authorization (IHA) (hereinafter, the ``initial IHA'') to take marine
mammals incidental to marine site characterization surveys in the New
York Bight, 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 0542
(Lease Area) and associated Export Cable Route (ECR) survey area (ECR
Area) . IWO's specified activities are identical to those included in
the initial IHA. The initial IHA expires on July 30, 2024. Pursuant to
the Marine Mammal Protection Act, prior to issuing the initial IHA,
NMFS requested comments on both the proposed IHA and the potential for
renewing the initial authorization if certain requirements were
satisfied. The renewal requirements have been satisfied, and NMFS is
now providing an additional 15-day comment period to allow for any
additional comments on the proposed renewal not previously provided
during the initial 30-day comment period.
DATES: Comments and information must be received no later than August
1, 2024.
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#014855512f65646c6073647275416f6e60602f666e77"><span class="__cf_email__" data-cfemail="b2fbe6e29cd6d7dfd3c0d7c1c6f2dcddd3d39cd5ddc4">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments, including all attachments, must
not exceed a 25-megabyte file size. Attachments to comments will be
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All
comments received are a part of the public record and will generally be
posted online at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a> without change. All
personal identifying information (e.g., name, address) voluntarily
submitted by the commenter may be publicly accessible. Do not submit
confidential business information or otherwise sensitive or protected
information.
Electronic copies of the initial IHA application, renewal request,
and supporting documents, including Federal Register notices of the
initial proposed and final IHA, the initial IHA, and a list of the
references cited in this document, 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
below.
FOR FURTHER INFORMATION CONTACT: Austin Demarest, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are promulgated or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). NMFS must prescribe the permissible methods of taking
and other ``means of effecting the least practicable adverse impact''
on the affected species or stocks and their habitat, paying particular
attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.3; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity and requested public
comment on a potential renewal under those circumstances. Specifically,
on a case-by-case basis, NMFS may issue a one-time 1-year renewal of an
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical, or nearly
identical, activities as described in the Detailed Description of
Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA);
2. The request for renewal must include the following:
<bullet> An explanation that the activities to be conducted under
the requested renewal IHA are identical to the
[[Page 58125]]
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); and
<bullet> A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized; and
3. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
Any comments received on the potential renewal, along with relevant
comments on the initial IHA, have been considered in the development of
this proposed IHA renewal and a summary of agency responses to
applicable comments is included in this notice. NMFS will consider any
additional public comments prior to making any final decision on the
issuance of the requested renewal, and agency responses will be
summarized in the final notice of our decision.
National Environmental Policy Act
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
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has preliminarily determined that the application of this
categorical exclusion remains appropriate for this renewal IHA.
History of Request
On July 19, 2023, NMFS issued the initial IHA to IWO to take small
numbers of marine mammals incidental to site characterization surveys
off the coast of New York and New Jersey in the New York Bight (88 FR
47846, July 25, 2023), effective from July 31, 2023 through July 30,
2024. On May 3, 2024, NMFS received a request for the renewal of the
initial IHA, which was deemed adequate and complete on May 24, 2024. As
described in the application for renewal IHA, the specified activities
for which incidental take is requested are identical to those included
in the initial authorization. As required, IWO provided a preliminary
monitoring report, which shows that it has implemented the required
mitigation and monitoring measures and no impacts of a scale or nature
not previously analyzed or authorized have occurred as a result of the
activities conducted.
Description of the Specified Activities and Anticipated Impacts
IWO requested to conduct an additional year of marine site
characterization surveys with high-resolution geophysical (HRG) surveys
and geotechnical sampling from July 31, 2024 through July 30, 2025.
Only HRG surveys are expected to have the potential to cause incidental
take of small numbers of marine mammals. The survey will consist of up
to 12,818 km of trackline in waters off the coast of New Jersey and New
York in the New York Bight, which is within the Bureau of Ocean Energy
Management (BOEM) lease area OCS-A 0542 and the associated Export Cable
Route (ECR) Area. Hereafter, both the areas are referred to as the
Survey Area.
The purpose of IWO's proposed surveys is to provide sufficient data
to meet BOEM guidelines and support the development of offshore wind
facilities in the Survey Area. Specifically, data collected would
support site characterization, siting, and engineering design of
offshore wind facilities including turbine generators, offshore
substations, submarine cables and data necessary for project review
requirements. IWO will have a maximum of 3 vessels surveying
concurrently. Underwater sounds produced from sparkers and boomers
during IWO's surveys has the potential to result in Level B harassment
of 15 species and 16 stocks of marine mammals. Activities proposed for
the IHA renewal are identical in scope, effort, potential harassment to
marine mammals, and mitigation measures as the final proposed IHA (88
FR 47846, July 25, 2023).
Detailed Description of the Activity
A detailed description of the surveys for which incidental take is
proposed here may be found in the Federal Register Notices of the
initial Proposed IHA (88 FR 32735, May 22, 2023). The location,
duration, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
previous notices. The proposed renewal would be effective for a period
not exceeding 1 year from July 30, 2024.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice of the proposed IHAs (88 FR 32735, May 22,
2023) for the initial IHA. NMFS has reviewed the monitoring data from
the initial IHA, the draft 2023 SARs, which included updates to certain
stock abundances since the initial IHA was issued, information on
relevant unusual mortality events (UME), and other scientific
literature. The draft 2023 SAR updated the population estimate
(N<INF>best</INF>) of North Atlantic right whales from 338 to 340 and
annual mortality and serious injury from 31.2 to 27.2. The updated
population estimate in the draft 2023 SAR is based upon sighting
history through December 2021 (89 FR 5495, January 29, 2024). Total
annual average observed North Atlantic right whale mortality during the
period 2017-2021 was 7.1 animals and annual average observed fishery
mortality was 4.6 animals, however, estimates of 27.2 total mortality
and 17.6 fishery mortality account for undetected mortality and serious
injury (89 FR 5495, January 29, 2024). In October 2023, NMFS released a
technical report identifying that the North Atlantic right whale
population size based on sighting history through 2022 was 356 whales,
with a 95 percent credible interval ranging from 346 to 363 (Linden,
2023).
The population estimates (N<INF>best</INF>) also increased for the
North Atlantic stock of sperm whales, the Western North Atlantic
Offshore stock of common bottlenose dolphins, Western North Atlantic
stocks of Risso's dolphins, Atlantic spotted dolphins, and gray seals.
However, abundance estimates slightly decreased for the Western North
[[Page 58126]]
Atlantic stocks of common dolphins and harbor porpoises. NMFS has
determined there is no new information that affects which species or
stocks have the potential to be affected or the pertinent information
in the Description of the Marine Mammals in the Area of Specified
Activities contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an IHA is
proposed here may be found in the Notice of the proposed IHA (88 FR
32735, May 22, 2023) for the initial IHA. NMFS has reviewed the
monitoring data from the initial IHA, recent draft stock assessment
reports, information on relevant UMEs and other scientific literature
and determined that there is no new information that affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
Notice of the Final IHA (88 FR 47846, July 25, 2023) for the initial
IHA. Specifically, the source levels, days of operation, and marine
mammal density/occurrence data applicable to this authorization remain
unchanged from the initial IHA. Similarly, the stocks taken, methods of
take, and type of take remain unchanged from the initial IHA, as do the
number of takes, which are indicated below in table 1.
Table 1--Estimated Take Number and Total Proposed Take by Level B Harassment
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Ensonified
Species area Density Estimated Total take Percent of
(km\2\) (animals/km\2\) take authorized abundance
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North Atlantic right whale........... 3,615 0.001748 6 6 \A\ 1.76
Humpback whale....................... 3,615 0.003657 13 13 0.93
Fin whale............................ 3,615 0.004856 18 18 0.26
Sei whale............................ 3,615 0.001813 7 7 0.11
Minke whale.......................... 3,615 0.025476 92 92 0.42
Sperm whale.......................... 3,615 0.000371 1 2 \A\ 0.03
Risso's dolphin...................... 3,615 0.002841 10 10 \A\ 0.02
Long-finned pilot whale.............. 3,615 0.003363 12 15 0.03
Atlantic white-sided dolphin......... 3,615 0.027836 101 101 0.11
Common dolphin....................... 3,615 0.245719 888 888 \A\ 0.95
Atlantic spotted dolphin............. 3,615 0.011683 42 42 \A\ 0.13
Harbor porpoise...................... 3,615 0.262904 950 950 \A\ 1.11
Common bottlenose dolphin (Offshore 3,164 0.193127 611 611 \A\ 0.95
Stock) \B\..........................
Common bottlenose dolphin (Northern 452 1.758553 795 795 11.97
Migratory Coastal Stock) \C\........
Gray seal............................ 3,615 \D\ 0.262904 950 950 A E 0.26
Harbor seal.......................... 3,615 \D\ 0.262904 950 950 1.55
----------------------------------------------------------------------------------------------------------------
Note: Take request based on average group size using sightings data from (CETAP, 1982, Palka et al., 2017, Palka
et al., 2021) (see Attachment 3 of the application for the initial IHA).
\A\ Based on the 2023 draft marine mammal stock assessment reports (SAR).
\B\ The ensonified area for the offshore stock is for greater than 20 m water depth includes all the lease area
and portions of the ECR.
\C\ The ensonified area for the migratory coastal stock is only the areas of less than 20 m water depth (found
only in portions of the ECR).
\D\ These each represent 50 percent of a generic seal density value.
\E\ This abundance estimate is based on the total stock abundance (including animals in Canada). The NMFS stock
abundance estimate for U.S. population is 27,911.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this proposed IHA are identical to those
included in the Federal Register notice announcing the issuance of the
initial IHA (88 FR 47846, July 25, 2023) and the discussion of the
least practicable adverse impact determination included in that
document remains applicable and accurate.
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (88
FR 32735; May 22, 2023) and solicited public comments on both our
proposal to issue the initial IHA for marine site characterization
surveys off the coast of New York and New Jersey in the New York Bight
and on the potential for a renewal IHA, should certain requirements be
met.
All public comments were addressed in the notice announcing the
issuance of the initial IHA (88 FR 47846, July 25, 2023). Below, we
describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
renewal of the 2024 IHA.
Comment: Oceana raised objections to NMFS' proposed renewal process
for potential extension of the 1-year IHA with an abbreviated 15-day
public comment period. Oceana recommended that an additional 30-day
public comment period is necessary for any IHA renewal request.
Response: NMFS' IHA renewal process meets all statutory
requirements. In prior responses to comments about IHA renewals (e.g.,
84 FR 52464, October 2, 2019; 85 FR 53342, August 28, 2020), NMFS
explained the IHA renewal process is consistent with the statutory
requirements contained in section 101(a)(5)(D) of the MMPA, and
further, promotes NMFS' goals of improving conservation of marine
mammals and increasing efficiency in the MMPA compliance process.
Therefore, we intend to continue to implement the existing renewal
process.
All IHAs issued, whether an initial IHA or a renewal, are valid for
a period of not more than 1 year. The public has 30 days to comment on
proposed IHAs, with a cumulative total of 45 days for IHA renewals. The
notice of the proposed IHA published in the Federal Register on May 22,
2023 (88 FR 32735) provided a 30-day public comment period and made
clear that NMFS was seeking comment on the proposed IHA and the
potential issuance of an IHA renewal for this survey. As detailed in
the Federal Register notice for the proposed IHA and on the agency's
website, eligibility for renewal is determined on a case-by-case basis,
renewals are subject to an additional 15-day public comment period, and
the renewal is limited to up to another year of identical or nearly
identical activities
[[Page 58127]]
as described in the Description of Proposed Activities section of the
proposed IHA notice or the activities described in the Description of
Proposed Activities section of the proposed IHA 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. NMFS' analysis of the anticipated
impacts on marine mammals caused by the applicant's activities covers
both the initial IHA period and the possibility of a 1-year renewal.
Therefore, a member of the public considering commenting on a proposed
initial IHA also knows exactly what activities (or subset of
activities) would be included in a proposed renewal IHA, the potential
impacts of those activities, the maximum amount and type of take that
could be caused by those activities, the mitigation and monitoring
measures that would be required, and the basis for the agency's
negligible impact determinations, least practicable adverse impact
findings, small numbers findings, and (if applicable) the no
unmitigable adverse impact on subsistence use finding--all the
information needed to provide complete and meaningful comments on a
possible renewal at the time of considering the proposed initial IHA.
Reviewers have the information needed to meaningfully comment on both
the immediate proposed IHA and a possible 1-year renewal, should the
IHA holder choose to request one.
While there would be additional documents submitted with a renewal
request, for a qualifying renewal these would be limited to
documentation that NMFS would make available and use to verify that the
activities are identical to those in the initial IHA, are nearly
identical such that the changes would have either no effect on impacts
to marine mammals or decrease those impacts, or are a subset of
activities already analyzed and authorized but not completed under the
initial IHA. NMFS would also need to confirm, among other things, that
the activities would occur in the same location; involve the same
species and stocks; provide for continuation of the same mitigation,
monitoring, and reporting requirements; and that no new information has
been received that would alter the prior analysis. The renewal request
would also contain a preliminary monitoring report, in order to verify
that effects from the activities do not indicate impacts of a scale or
nature not previously analyzed. The additional 15- day public comment
period, which includes NMFS' direct notice to anyone who commented on
the proposed initial IHA, provides the public an opportunity to review
these few documents, provide any additional pertinent information, and
comment on whether they think the criteria for a renewal have been met.
Combined together, the 30-day public comment period on the initial IHA
and the additional 15-day public comment period on the renewal of the
same or nearly identical activities, provides the public with a total
of 45 days to comment on the potential for renewal of the IHA.
In addition to the IHA renewal process being consistent with all
requirements under section 101(a)(5)(D) of the MMPA, it is also
consistent with Congress' intent for issuance of IHAs to the extent
reflected in statements in the legislative history of the MMPA. Through
the description of the process and express invitation to comment on
specific potential renewals in the Request for Public Comments section
of each proposed IHA, the description of the process on NMFS' website,
further elaboration on the process through responses to comments such
as these, posting of substantive documents on the agency's website, and
provision of 30 or 45 days for public review and comment on all
proposed initial IHAs and renewals respectively, NMFS has ensured that
the public is ``invited and encouraged to participate fully in the
agency's decision-making process,'' as Congress intended.
For more information, NMFS has published a description of the
Renewal process on our website (available at <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>).
Preliminary Determinations
NMFS proposes to authorize incidental take of small numbers of
marine mammals from specified activities that are identical to those
analyzed in the initial IHA and to require mitigation, monitoring, and
reporting measures that are also identical to those in the initial IHA.
The number of takes by Level B harassment proposed is equal to that
authorized in the initial IHA. In the initial IHA, NMFS determined that
IWO's specified activities would have a negligible impact on the
affected species and/or stocks and the authorized take for each stock
would be small relative to individual stock abundance (less than one
third).
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. This includes consideration of the
estimated abundance of seven stocks decreasing/increasing slightly.
Specifically, NMFS is proposing to authorize six takes of North
Atlantic right whales by Level B harassment only, and the impacts
resulting from the project's activities are neither reasonably expected
nor reasonably likely to adversely affect the stock through effects on
annual rates of recruitment or survival. Additionally, approximately
1.76 percent of the stock abundance is proposed for take by Level B
harassment.
Based on the information and analysis 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;
(4) IWO's 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, and; (5) appropriate
monitoring and reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) requires that each Federal agency insure that any action
it authorizes, funds, or carries out is not likely to jeopardize the
continued existence of any endangered or threatened species or result
in the destruction or adverse modification of designated critical
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS
consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS' Office of Protected Resources is proposing to authorize take
of four species of marine mammals that are listed under the ESA (i.e.,
North Atlantic right whale, fin whale, sei whale, and sperm whale) and
has determined these activities fall within the scope of activities
analyzed in the NMFS GARFO 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).
[[Page 58128]]
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to IWO for conducting marine site characterization
with HRG surveys off the coast of New York and New Jersey in the New
York Bight from July 31, 2024, through July 30, 2025, provided the
previously described mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed and final initial IHA can be
found at <a href="https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act">https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act</a>. We request comment
on our analyses, the proposed renewal IHA, and any other aspect of this
notice. Please include with your comments any supporting data or
literature citations to help inform our final decision on the request
for MMPA authorization.
Dated: July 12, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-15706 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-22-P
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