Notice2024-18694
Takes of Marine Mammals Incidental to Specified Activities; Takes of Marine Mammals Incidental to Marine Site Characterization Surveys Off Rhode Island and Massachusetts
Primary source
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Published
August 21, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Bay State Wind, LLC (Bay State Wind), for authorization to take marine mammals incidental to marine site characterization surveys off the coast of Rhode Island and Massachusetts in 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 0500 and the associated export cable route (ECR) area. 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 the Request for Public Comments section 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 89 Issue 162 (Wednesday, August 21, 2024)</title>
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[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Pages 67597-67613]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-18694]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE160]
Takes of Marine Mammals Incidental to Specified Activities; Takes
of Marine Mammals Incidental to Marine Site Characterization Surveys
Off Rhode Island and Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization; request
for comments on proposed authorization and possible renewal.
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SUMMARY: NMFS has received a request from Bay State Wind, LLC (Bay
State Wind), for authorization to take marine mammals incidental to
marine site characterization surveys off the coast of Rhode Island and
Massachusetts in 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 0500 and the
associated export cable route (ECR) area. 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 the Request for Public Comments section 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
September 20, 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#baf3eeea94d2d3d6cefad4d5dbdb94ddd5cc"><span class="__cf_email__" data-cfemail="aae3fefa84c2c3c6deeac4c5cbcb84cdc5dc">[email protected]</span></a>. 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="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.
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="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.
FOR FURTHER INFORMATION CONTACT: Rachel Hilt, 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
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 monitoring and
reporting of the takings. The definitions of all applicable MMPA
statutory terms
[[Page 67598]]
cited above are included in the relevant sections below.
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 Exclusion B4 (IHAs 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 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 October 6, 2022, NMFS issued an IHA (87 FR 61575; October 12,
2022) to [Oslash]rsted (parent company of Bay State Wind) to take
marine mammals incidental to marine site characterization surveys in
Lease Areas OCS-A 0486, 0487, 0500 off the coasts from New York to
Massachusetts and along potential ECRs to landfall locations between
Raritan Bay (part of the New York Bight) and Falmouth, Massachusetts.
On May 26, 2023, NMFS received a request for a renewal of that initial
IHA because [Oslash]rsted's marine site characterization surveys under
the initial IHA had not yet been completed and more time was required.
The Renewal IHA was issued on September 29, 2023, (88 FR 62337; October
5, 2023). [Oslash]rsted has complied with all the requirements (e.g.,
mitigation, monitoring, and reporting) of the previous IHAs in Lease
Areas OCS-A 0486, 0487, and 0500 (84 FR 52464, October 2, 2019; 85 FR
63508, October 8, 2020; 87 FR 13975, March 11, 2022).
On March 27, 2024, NMFS received a request from Bay State Wind for
an IHA to take marine mammals incidental to conducting marine site
characterization surveys off the coast of Rhode Island and
Massachusetts only in OCS-A 0500 and the associated ECR area. Following
NMFS' review of the application, Bay State Wind submitted a revised
version on June 10, 2024. Following NMFS' additional review of the
application, Bay State Wind submitted another revised version on July
29, 2024. The application was deemed adequate and complete on August 1,
2024. Bay State Wind's request is for take of 17 species of marine
mammals by Level B harassment only. Neither Bay State Wind nor NMFS
expect serious injury or mortality to result from this activity and,
therefore, an IHA is appropriate.
Description of Proposed Activity
Overview
Bay State Wind proposes to conduct marine site characterization
surveys, including high-resolution geophysical (HRG) surveys and
geotechnical surveys, in BOEM Lease Area OCS-A 0500, and the associated
ECR. 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 the offshore wind facility development. Surveys are also
conducted to support engineering design and to map unexploded ordnance
(UXO). Underwater sound resulting from Bay State Wind's proposed
activities, specifically HRG surveys, has the potential to result in
incidental take of 17 species, in the form of Level B harassment only.
Dates and Duration
While the exact dates have not yet been established, the proposed
activities are planned to begin as soon as possible upon issuance of an
IHA, if appropriate. The proposed activity is expected to require up to
350 survey days across a maximum of four vessels operating concurrently
over the course of a single year (``survey day'' defined as a 24-hour
activity period in which the assumed number of line kilometers (km) are
surveyed). Vessel days are defined as the number of days any single
vessel is in operation regardless of any other vessel operations (i.e.,
if two vessels are working concurrently within the same 24-hour period,
each vessel would be counted as having a vessel day for a total of 2
vessel days even though the activity occurs within a single 24-hour
period). The number of anticipated survey days was calculated as the
number of days needed to reach the overall level of effort required to
meet survey objectives assuming any single vessel covers, on average 70
line km per 24-hour operations.
Specific Geographic Region
The proposed survey activities will occur within the Lease Area and
potential ECRs off the coasts of Rhode Island and Massachusetts (figure
1). Water depths in the Lease Area and potential ECRs extend out from
shoreline to approximately 90 meters (m).
BILLING CODE 3510-22-P
[[Page 67599]]
[GRAPHIC] [TIFF OMITTED] TN21AU24.027
BILLING CODE 3510-22-C
Detailed Description of the Specified Activity
Bay State Wind proposes to conduct HRG survey operations, including
multibeam depth sounding, seafloor imaging, and shallow and medium
penetration sub-bottom profiling (SBP). The HRG surveys will include
the use of seafloor mapping equipment with
[[Page 67600]]
operating frequencies above 180 kilohertz (kHz) (e.g., side-scan sonar
(SSS), multibeam echosounders (MBES)); magnetometers and gradiometers
that have no acoustic output; and shallow- to medium-penetration SBP
equipment (e.g., parametric sonars, compressed high-intensity radiated
pulses (CHIRPs), boomers, sparkers) with operating frequencies below
180 kHz. No deep-penetration SBP surveys (e.g., airgun or bubble gun
surveys) will be conducted. HRG equipment will be deployed from
multiple vessels or remotely operated vehicles (ROVs) during the HRG
surveys conducted within the Lease Area and potential ECRs. Typically,
a survey ROV used for the proposed activities is a tethered platform
that carries additional HRG equipment to increase the swath of the
survey or the depth at which the equipment can be operated. The
equipment deployed from an ROV is identical to the sources deployed
from the survey vessel; however, sparker systems are not normally
deployed from an ROV due to the power supply required. The extent of
ROV usage in this project is unknown at this time, however NMFS expects
the use of ROVs to have de minimis impacts relative to the use of
vessels given the smaller sources and inherent nature of utilizing an
ROV (e.g., much smaller size of an ROV relative to a vessel and less
acoustic exposure given location of their use in the water column). For
these reasons, our analysis focuses on the acoustic sources themselves
and the use of vessels to deploy such sources, rather than the specific
use of ROVs to deploy the survey equipment. Therefore, ROVs are not
further analyzed in this notice.
Acoustic sources planned for use during HRG survey activities
proposed by Bay State Wind for which sound levels have the potential to
result in Level B harassment of marine mammals include the following:
<bullet> Medium penetration SBPs (boomers) are used to map deeper
subsurface stratigraphy as needed. A boomer is a broad-band sound
source operating in the 3.5 Hz to 10 kHz frequency range. This system
is commonly mounted on a sled and towed behind the vessel. Boomers are
impulsive and mobile sources; and,
<bullet> Medium penetration SBPs (sparkers) are used to map deeper
subsurface stratigraphy as needed. Sparkers create acoustic pulses from
50 Hz to 4 kHz omnidirectionally from the source, and are considered to
be impulsive and mobile sources. Sparkers are typically towed behind
the vessel with adjacent hydrophone arrays to receive the return
signals.
Operation of the following survey equipment types is not reasonably
expected to result in take of marine mammals and will not be discussed
further beyond the brief summaries provided below:
<bullet> Parametric SBPs, also commonly referred to as sediment
echosounders, are used to provide high data density in sub-bottom
profiles that are typically required for cable routes, very shallow
water, and archaeological surveys. Parametric SPBs are typically
mounted on a pole, either over the side of the vessel or through a moon
pool in the bottom of the hull. Crocker and Fratantonio (2016) does not
provide relevant measurements or source data for parametric SBPs,
however, some source information is provided by the manufacturer. For
the proposed project, the SBP used would generate short, very narrow-
beam (1 to 3.5[deg]) sound pulses at relatively high frequencies
(generally around 85 to 100 kHz). The narrow beam width significantly
reduces the potential for exposure while the high frequencies of the
source are rapidly attenuated in seawater. Given the narrow beam width
and relatively high frequency. NMFS does not reasonably expect there to
be potential for marine mammals to be exposed to the signal;
<bullet> Ultra-short baseline (USBL) positioning systems are used
to provide high accuracy ranges by measuring the time between the
acoustic pulses transmitted by vessel transceiver and a transponder (or
beacon) necessary to produce the acoustic profile. It is a two-
component system with a moon-pool- or side-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> MBES are used to determine water depths and general bottom
topography. MBES sonar systems project sonar pulses in several angled
beams from a transducer mounted to a ship's hull. The beams radiate out
from the transducer in a fan-shaped pattern orthogonally to the ship's
direction. All of the proposed MBESs have operating frequencies >180
kHz and, therefore, are outside the general hearing range of marine
mammals; and,
<bullet> SSSs are used for seabed sediment classification purposes
and to identify natural and man-made acoustic targets on the seafloor.
The sonar device emits conical or fan-shaped pulses down toward the
seafloor in multiple beams at a wide angle, perpendicular to the path
of the sensor through the water column. All of the proposed SSSs have
operating frequencies >180 kHZ and, therefore, are outside the general
hearing range of marine mammals.
Table 1 identifies representative survey equipment with the
expected potential to result in exposure of marine mammals and thus
potentially result in take. The make and model of the listed
geophysical equipment may vary depending on availability and the final
equipment choices will vary depending upon the final survey design,
vessel availability, and survey contractor selection.
Table 1--Summary of Representative HRG Survey Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
SL (SPL dB Pulse
Operating re SL (SEL dB re SL (PK dBre Beamwidth duration Repetition
Representative equipment type frequency 1[micro]Pa 1[micro]Pa\2\ 1[micro]Pa ranges (width) rate (Hz)
ranges (kHz) m) m\2\ s) m) (degree) (millisecond)
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Impulsive, Medium Sub-Bottom Profilers (Sparkers & Boomers)
--------------------------------------------------------------------------------------------------------------------------------------------------------
AA, Dura-spark UHD Sparker (400 tips, 500 J) \1\..... 0.3-1.2 203 174 211 180 1.1 4
AA, Dura-spark UHD Sparker Model 400 x 400 \1\....... 0.3-1.2 203 174 211 180 1.1 4
GeoMarine, Dual 400 Sparker, Model GeoSource 800 \1\ 0.4-5 203 174 211 180 1.1 2
\2\.................................................
GeoMarine Sparker, Model GeoSource 200-400 \1\ \2\... 0.3-1.2 203 174 211 180 1.1 4
GeoMarine Sparker, Model GeoSource 200 Lightweight 0.3-1.2 203 174 211 180 1.1 4
\1\ \2\.............................................
[[Page 67601]]
AA, triple plate SBoom (700-1,000 J) \3\............. 0.1-5 205 172 211 80 0.6 4
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\1\ The Dura-spark measurements and specifications provided in Crocker and Fratantonio (2016) were used for all sparker systems proposed for the survey.
The data provided in Crocker and Fratantonio (2016) represent the most applicable data for similar sparker systems with comparable operating methods
and settings when manufacturer or other reliable measurements are not available. Bay State Wind expects all equipment to operate at a comparable Joule-
to-tip ratio as the 400 tip 500 J Dura-spark measured by Crocker and Fratantonio (2016) such that the proxy source levels provided in table 3 are
realistically representative of sound levels that may be produced during sparker operations for the proposed survey.
\2\ The AA Dura-spark (500 J, 400 tips) was used as a proxy source for all proposed sparkers to represent the highest potential source level anticipated
during the proposed survey. Though the power settings and number of tips may vary among of the sparker systems, all systems will operate with a
comparable Joule-to-tip ratio which, as discussed above in section 1.3 of the Application, influences the source levels more than just power setting.
Additionally, the survey would not utilize higher-powered sparker systems operating at >=2,000 J so Dura-spark (500 J, 400 tips) is considered the
best available proxy for source levels for these equipment.
\3\ Crocker and Fratantonio (2016) provide S-Boom measurements using two different power sources (CSP-D700 and CSP-N). The CSP-D700 power source was
used in the 700 J measurements but not in the 1,000 J measurements. The CSP-N source was measured for both 700 J and 1,000 J operations but resulted
in a lower SL; therefore, the single maximum SL value was used for both operational levels of the S-Boom.
Proposed mitigation, monitoring, and reporting measures are
described in detail later in this document (please see Proposed
Mitigation and Proposed Monitoring and Reporting sections).
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, instead of reprinting the information. Additional
information regarding population trends and threats may be found in
NMFS' Stock Assessment Reports (SARs; <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://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 anticipated or proposed
to be authorized here, 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 managed stocks 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,
including, as applicable, from the draft 2023 SARs (available online
at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments</a>).
Table 2--Species Likely Impacted by the Specified Activities \1\
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ESA/MMPA status; Stock abundance (CV,
Common name Scientific name Stock strategic (Y/N) Nmin, most recent PBR Annual M/
\2\ abundance survey) \3\ SI \4\
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Order Cetartiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
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N Atlantic Right Whale.............. Eubalaena glacialis.... Western Atlantic....... E, D, Y 340 (0, 337, 2021) \5\ 0.7 27.2
Humpback Whale...................... Megaptera novaeangliae. Gulf of Maine.......... -, -, N 1,396 (0, 1380, 2016). 22 12.15
Fin Whale........................... Balaenoptera physalus.. Western North Atlantic. E, D, Y 6,802 (0.24, 5,573, 11 2.05
2021).
Sei Whale........................... Balaenoptera borealis.. Nova Scotia............ E, D, Y 6,292 (1.02, 3,098, 6.2 0.6
2021).
Minke Whale......................... Balaenoptera Canadian Eastern -, -, N 21,968 (0.31, 17,002, 170 9.4
acutorostrata. Coastal. 2021).
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Order Cetartiodactyla--Cetacea--Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sperm Whale......................... Physeter macrocephalus. North Atlantic......... E, D, Y 5,895 (0.29, 4,639, 9.28 0.2
2021).
Long-Finned Pilot Whale \6\......... Globicephala melas..... Western North Atlantic. -, -, N 39,215 (0.30, 30,627, 306 5.7
2021).
Striped Dolphin..................... Stenella coeruleoalba.. Western North Atlantic. -, -, N 48,274 (0.29, 38,040, 529 0
2021).
Atlantic White-Sided Dolphin........ Lagenorhynchus acutus.. Western North Atlantic. -, -, N 93,233 (0.71, 54,443, 544 28
2021).
Bottlenose Dolphin.................. Tursiops truncatus..... Western North Atlantic -, -, N 64,587 (0.24, 52,801, 507 28
Offshore. 2021) \7\.
Common Dolphin...................... Delphinus delphis...... Western North Atlantic. -, -, N 93,100 (0.56, 59,897, 1,452 414
2021).
Atlantic Spotted Dolphin............ Stenella frontalis..... Western North Atlantic. -, -, N 31,506 (0.28, 25,042, 250 0
2021).
Risso's Dolphin..................... Grampus griseus........ Western North Atlantic. -, -, N 44,067 (0.19, 30,662, 307 18
2021).
White-Beaked Dolphin................ Lagenorhynchus Western North Atlantic. -, -, N 536,016 (0.31, 4,153 0
albirostris. 415,344, 2016).
Harbor Porpoise..................... Phocoena phocoena...... Gulf of Maine/Bay of -, -, N 85,765 (0.53, 56,420, 649 145
Fundy. 2021).
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Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Seal......................... Phoca vitulina......... Western North Atlantic. -, -, N 61,336 (0.08, 57,637, 1,729 339
2018).
[[Page 67602]]
Gray Seal \8\....................... Halichoerus grypus..... Western North Atlantic. -, -, N 27,911 (0.20, 23,624, 1,512 4,570
2021).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(<a href="https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies">https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies</a>).
\2\ 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.
\3\ NMFS marine mammal stock assessment reports online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports-region</a>. CV is coefficient of variation; Nmin is the minimum estimate of stock abundance.
\4\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range. A CV
associated with estimated mortality due to commercial fisheries is presented in some cases.
\5\ The current SAR includes an estimated population (Nbest 340) based on sighting history through December 2021 (NMFS, 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). 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. Numbers presented in this table (27.2 total
mortality and 17.6 fishery mortality) are 2016-2020 estimated annual means, accounting for undetected mortality and serious injury.
\6\ Key uncertainties exist in the population size estimate for this species, including uncertain separation between short-finned and long-finned pilot
whales, small negative bias due to lack of abundance estimate in the region between US and the Newfoundland/Labrador survey area, and uncertainty due
to unknown precision and accuracy of the availability bias correction factor that was applied.
\7\ Estimates may include sightings of the coastal form,
\8\ NMFS' stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada)
is approximately 394,311. The annual M/SI value given is for the total stock.
As indicated above, all 17 species in table 2 temporally and
spatially co-occur with the activity to the degree that take is
reasonably likely to occur. All species that could potentially occur in
the proposed survey areas are included in table 5 of the IHA
application. While the blue whale (Balaenoptera musculus), short-finned
pilot whale (Globicephala macrorhynchus), common bottlenose dolphin
(western North Atlantic, northern migratory coastal stock; Tursiops
truncatus), dwarf sperm whale (Kogia sima), killer whale (Orcinus
orca), pygmy killer whale (Feresa attenuata), false killer whale
(Pseudorca crassidens), northern bottlenose whale (Hyperoodon
ampullatus), Cuvier's beaked whale (Ziphius cavirostris), Blainville's
beaked whale (Mesoplodon densirostris), Gervais beaked whale
(Mesoplodon europaeus), Sowerby's beaked whale (Mesoplodon bidens),
True's beaked whale (Mesoplodon mirus), Melon-headed whale
(Peponocephala electra), Pantropical spotted dolphin (Stenella
attenuata), Fraser's dolphin (Lagenodelphis hosei), rough toothed
dolphin (Steno bredanensis), Clymene dolphin (Stenella clymene),
spinner dolphin (Stenella longirostri), harp seal (Pagophilus
groenlandica), and hooded seal (Cystophora cristata) have been reported
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 discussed
further beyond the explanation provided here.
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 IHA for the 2022 IHA (87 FR
52515, August 26, 2022) addressing Lease Areas OCS-A 0486, 0487, and
0500. Significant new information is addressed below.
In addition, Bay State Wind is newly requesting authorization to
take white-beaked dolphin. The white-beaked dolphin is considered rare
in the Lease Area and potential ECRs, but two protected species
observer (PSO) monitoring reports have reported the sighting of the
species in the Rhode Island-Massachusetts Wind Energy Area (RI-MA WEA)
where the Project Lease Area is located (EPI Group, 2021; RPS, 2021).
Therefore, it is reasonable to anticipate take for this animal may
occur and the take of the animal has been proposed for authorization
accordingly. A detailed description of the white-beaked dolphin's
status and trends, distribution and habitat preferences, and behavior
and life history can be found in section 4.2.9 of the application.
North Atlantic Right Whale
In January 2024, NMFS released its draft 2023 SARs which updated
the population estimate (N<INF>best</INF>) of North Atlantic right
whales to 340 individuals; the annual mortality and serious injury (M/
SI) value dropped from the final 2022 SAR of 31.2 to 27.2 in the draft
2023 SAR. Beginning in the 2022 SARs, the M/SI for North Atlantic right
whale included the addition of estimated undetected mortality and
serious injury, which had not been previously included in the SAR. The
current population estimate is equal to the North Atlantic Right Whale
Consortium's 2022 Annual Report Card, which identifies the population
estimate as 340 individuals (Pettis et al. 2023).
Elevated North Atlantic right whale mortalities have occurred since
June 7, 2017, along the U.S. and Canadian coast, with the leading
category for the cause of death for this unusual mortality event (UME)
determined to be ``human interaction,'' specifically from entanglements
or vessel strikes. As of July 30, 2024, there have been 41 confirmed
mortalities (dead, stranded, or floaters), 1 pending mortality, and 36
seriously injured free-swimming whales for a total of 78 whales. The
UME also considers animals with sublethal injury or illness (called
``morbidity''; n = 65) bringing the total number of whales in the UME
to 142. More information about the North Atlantic right whale UME is
available online at: <a href="https://www.fisheries.noaa.gov/national/marine-life-distress/active-and-closed-unusual-mortality-events">https://www.fisheries.noaa.gov/national/marine-life-distress/active-and-closed-unusual-mortality-events</a>.
The proposed survey area is within a migratory corridor
Biologically Important Area (BIA) for NARWs that extends from
Massachusetts to Florida (LeBrecque et al. 2015). There is possible
migratory behavior that could occur in this area between November and
April. Right whale migration is not expected to be impacted by the
proposed survey due to the very small size of the Lease Area and
potential ECRs project area relative to the spatial extent of the
available migratory habitat in the BIA.
Humpback Whale
Since January 2016, elevated humpback whale mortalities along the
[[Page 67603]]
Atlantic coast from Maine to Florida led to the declaration of a UME.
As of May 17, 2023, 227 humpback whales have stranded as part of this
UME. Partial or full necropsy examinations have been conducted on
approximately 90 of the known cases. Of the whales examined, about 40
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. More information is available at:
<a href="https://www.fisheries.noaa.gov/national/marine-life-distress/active-and-closed-unusual-mortality-events">https://www.fisheries.noaa.gov/national/marine-life-distress/active-and-closed-unusual-mortality-events</a>.
Since December 1, 2022, the number of humpback strandings along the
mid-Atlantic coast, from North Carolina to New York, has been elevated.
In some cases, the cause of death is not yet known; in others, vessel
strike has been deemed the cause of death. As the humpback whale
population has grown, they are seen more often in the Mid-Atlantic.
These whales may be following their prey (small fish) which were
reportedly close to shore in the 2022-2023 winter. Changing
distributions of prey impact larger marine species that depend on them,
and result in changing distribution of whales and other marine life.
These prey also attract fish that are targeted by recreational and
commercial fishermen, which increases the number of boats and amount of
fishing gear in these areas. This nearshore movement increases the
potential for anthropogenic interactions, particularly.
The Lease Area and potential ECRs do not overlap any ESA-designated
critical habitat, BIAs, or other important areas for the humpback
whales. A humpback whale feeding BIA extends throughout the Gulf of
Maine, Stellwagen Bank, and Great South Channel from May through
December, annually (LaBrecque et al. 2015). However, this BIA is
located further east and north of, and thus, does not overlap, the
project area.
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 et al.
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.
The Estimated Take of Marine Mammals 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 of Marine Mammals section, and the Proposed Mitigation
section, to draw conclusions regarding the likely impacts of these
activities on the reproductive success or 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.
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
proposed here may be found in the Federal Register notice of the
proposed IHA for the initial authorization proposed (87 FR 52515,
August 26, 2022). NMFS has reviewed information on relevant Unusual
Mortality Events, updated SARs, and other scientific literature and
data, and preliminarily determined that there is no new information
that affects our initial analysis of impacts on marine mammals and
their habitat.
Estimated Take of Marine Mammals
This section provides an estimate of the number of incidental takes
proposed for authorization through the IHA, which will inform NMFS'
consideration of ``small numbers,'' the negligible impact
determinations, and impacts on subsistence uses.
Harassment is the only type of take expected to result from these
activities.
[[Page 67604]]
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); 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 certain HRG sources. Based on the nature of
the activity and the anticipated effectiveness of the mitigation
measures (i.e., shutdown measures, vessel strike avoidance procedures)
discussed in detail below in the Proposed Mitigation section, Level A
harassment is neither anticipated nor proposed to be authorized.
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 likely 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 permanent threshold shift (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 120 dB (referenced to 1
micropascal (re 1 [mu]Pa)) for continuous (e.g., vibratory pile
driving, drilling) and above RMS SPL 160 dB re 1 [mu]Pa for non-
explosive 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 temporary threshold shift (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.
Bay State Wind's proposed activity includes the use of impulsive
(i.e., boomers and sparkers) and non-impulsive (i.e., CHIRP SBPs)
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).
These thresholds are provided in the table below. 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="https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance">https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance</a>.
On May 3, 2024, NMFS published (89 FR 36762) and solicited public
comment on its draft Updated Technical Guidance, which includes updated
thresholds and weighting functions to inform auditory injury estimates,
and is intended to replace the 2018 Technical Guidance referenced
above, once finalized. The public comment period ended on June 17,
2024, and although the Updated Technical Guidance is not final, we
expect the Updated Technical Guidance to represent the best available
science once it is.
Bay State Wind's HRG surveys include the use of impulsive (i.e.,
boomers and sparkers) and non-impulsive (i.e., CHIRP SBPs). However, as
discussed above, NMFS has concluded that Level A harassment is not a
reasonably likely outcome for marine mammals exposed to noise from the
sources proposed for use here, and the potential for Level A harassment
is not evaluated further in this document. The pending update to the
Technical Guidance would not change NMFS' determination regarding the
likelihood of take by Level A harassment. Please see Bay State Wind's
application (section 1.4) for details of a quantitative exposure
analysis exercise, (i.e., calculated Level A harassment isopleths and
estimated Level A harassment exposures). No take by Level A harassment
is anticipated or proposed for authorization by NMFS.
[[Page 67605]]
Table 4--Thresholds Identifying the Onset of Permanent Threshold Shift
----------------------------------------------------------------------------------------------------------------
PTS onset acoustic thresholds * (received level)
Hearing group ------------------------------------------------------------------------
Impulsive Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-Frequency (LF) Cetaceans........... Cell 1: Lpk,flat: 219 dB; Cell 2: LE,LF,24h: 199 dB.
LE,LF,24h: 183 dB.
Mid-Frequency (MF) Cetaceans........... Cell 3: Lpk,flat: 230 dB; Cell 4: LE,MF,24h: 198 dB.
LE,MF,24h: 185 dB.
High-Frequency (HF) Cetaceans.......... Cell 5: Lpk,flat: 202 dB; Cell 6: LE,HF,24h: 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (PW) (Underwater)..... Cell 7: Lpk,flat: 218 dB; Cell 8: LE,PW,24h: 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (OW) (Underwater).... Cell 9: Lpk,flat: 232 dB; Cell 10: LE,OW,24h: 219 dB.
LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
* Dual metric acoustic thresholds for impulsive sounds: Use whichever results in the largest isopleth for
calculating PTS onset. If a non-impulsive sound has the potential of exceeding the peak sound pressure level
thresholds associated with impulsive sounds, these thresholds should also be considered.
Note: Peak sound pressure (Lpk) has a reference value of 1 [micro]Pa, and cumulative sound exposure level (LE)
has a reference value of 1[micro]Pa\2\s. In this table, thresholds are abbreviated to reflect American
National Standards Institute standards (American National Standards Institute, 2013). However, peak sound
pressure is defined by ANSI as incorporating frequency weighting, which is not the intent for this Technical
Guidance. Hence, the subscript ``flat'' is being included to indicate peak sound pressure should be flat
weighted or unweighted within the generalized hearing range. The subscript associated with cumulative sound
exposure level thresholds indicates the designated marine mammal auditory weighting function (LF, MF, and HF
cetaceans, and PW and OW pinnipeds) and that the recommended accumulation period is 24 hours. The cumulative
sound exposure level thresholds could be exceeded in a multitude of ways (i.e., varying exposure levels and
durations, duty cycle). When possible, it is valuable for action proponents to indicate the conditions under
which these acoustic thresholds will be exceeded.
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 determining the
rms sound pressure level at the 160-dB isopleth for the purpose of
estimating the extent of Level B harassment isopleths associated with
HRG survey equipment (NMFS, 2020). This methodology incorporates
frequency and some directionality to refine estimated ensonified zones.
Bay State Wind used NMFS's methodology, using the source level and
operation mode of the equipment planned for use during the proposed
survey, to estimate the maximum ensonified area over a 24-hour period,
also referred to as the harassment area (table 5). Potential takes by
Level B harassment are estimated within the ensonified area (i.e.,
harassment area) as an SPL exceeding 160 dB re 1 [micro]Pa for
impulsive sources (e.g., sparkers, boomers) within an average day of
activity.
The harassment zone is a representation of the maximum extent of
the ensonified area around a sound source over a 24-hour period. The
harassment zone was calculated for mobile sound sources per the
following formula:
Harassment Zone = (Distance/day x 2r) + [pi]r\2\
where r is the linear distance from the source to the isopleth for
Level A or Level B thresholds and day = 1 (i.e., 24 hours).
The estimated potential daily active survey distance of 70 km was
used as the estimated areal coverage over a 24-hour period. This
distance accounts for the vessel traveling at roughly 4 knots (kn) and
only for periods during which survey equipment that may result in take
of marine mammals is in operation. A vessel traveling 4 kn can cover
approximately 110 km per day; however, based on data from 2017, 2018,
and 2019 surveys, survey coverage over a 24-hour period is closer to 70
km per day. For daylight only vessels, the distance is reduced to 35 km
per day; however, to maintain the potential for 24-hour surveys, the
corresponding Level B harassment zones provided in table 5 were
calculated for each source category based on the Level B threshold
distances in table 4 with a 24-hour (70 km) operational period.
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 2 shows the HRG equipment
types that may be used during the proposed surveys and the source
levels associated with those HRG equipment types.
Based upon modeling results, of the HRG survey equipment planned
for use by Bay State Wind that has the potential to result in Level B
harassment of marine mammals, the Applied Acoustics Dura-Spark UHD and
GeoMarine Geo-Source sparkers would produce the largest Level B
harassment isopleth (141 m) or Harassment Zone. Estimated distances to
Level B harassment isopleths for all sources evaluated here, including
the sparkers, are provided in table 5. Although Bay State Wind does not
expect to use sparker sources on all planned survey days, Bay State
Wind proposes to assume for purposes of analysis that the sparker would
be used on all survey days. This is a conservative approach, as the
actual sources used on individual survey days may produce smaller
harassment distances.
Table 5--Distance to Level B Harassment Thresholds
[160 dB rms]
------------------------------------------------------------------------
Distance to
Level B
Source harassment
threshold (m)
------------------------------------------------------------------------
Boomers................................................. 76
Sparkers................................................ 141
------------------------------------------------------------------------
Marine Mammal Occurrence
In this section we provide information about the occurrence of
marine mammals, including density or other relevant information which
will inform the take calculations. Habitat based density models
produced by the Duke University Marine Geospatial Ecology Laboratory
(Roberts et al. 2016, 2023) represent the best available information
regarding marine mammal densities in the Lease Area and potential ECRs.
The density data presented by Roberts et al. (2016, 2023) incorporate
aerial and
[[Page 67606]]
shipboard line-transect data from NMFS and other organizations and
incorporate data from 8 physiographic and 16 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, certain 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 Lease Area and potential ECRs
(animals/km\2\) were obtained using the most recent model results for
all taxa (Roberts et al. 2023). The updated models incorporate sighting
data, including sightings from NOAA's Atlantic Marine Assessment
Program for Protected Species (AMAPPS) surveys.
For exposure analysis, density data from Roberts et al. (2023) were
mapped using a geographic information system (GIS). Density grid cells
that included any portion of the proposed Lease Area and potential ECRs
were selected for all survey months (see figure 4 of Bay State Wind's
application). The densities for each species as reported by Roberts et
al. (2023) for each of the Lease Area and ECR were averaged by month;
those values were then used to calculate the mean annual density for
each species within the Lease Area and potential ECRs. Estimated mean
monthly and annual densities (animals per km\2\) of all marine mammal
species that may be taken by the proposed survey are shown in table 7
of Bay State Wind's application. Please see table 6 for density values
used in the exposure estimation process.
Due to limited data availability and difficulties identifying
individuals to species level during visual surveys, individual
densities are not able to be provided for all species and they are
instead grouped into ``guilds'' (Roberts et al. 2023). These guilds
include pilot whales, common bottlenose dolphins, and seals.
Long- and short-finned pilot whales are difficult to distinguish
during shipboard surveys so individual habitat models were not able to
be developed. However, as discussed in section 4.2.3 of Bay State
Wind's application, all pilot whales in the Lease Area and potential
ECRs are assumed to be long-finned pilot whales, so the densities and
subsequent takes would apply only to this species.
The density models do not distinguish between common bottlenose
dolphin stocks due to limited data regarding distributions of these
stocks. As discussed in section 4.2.7 of Bay State Wind's application,
only the western North Atlantic offshore stock is expected to occur in
the Lease Area and potential ECRs. Therefore, the densities in table 6
and subsequent take calculations would only apply to this stock of
bottlenose dolphins.
Gray seals and harbor seals are reasonably identifiable during
shipboard visual surveys; therefore, it is expected that some sightings
will be assigned to species rather than to the generalized seal guild.
Additionally, seals tend to occur in very small numbers when away from
haul out areas; therefore, sighting events are not likely to constitute
large numbers of animals. For these reasons, the seal guild density was
split evenly between both gray and harbor seal species.
Table 6--Average Annual Marine Mammal Density Estimates
------------------------------------------------------------------------
Average annual
Species density
(km\2\)
------------------------------------------------------------------------
Low-frequency Cetaceans
------------------------------------------------------------------------
Fin whale............................................... 0.0022
Sei whale............................................... 0.0006
Minke whale............................................. 0.0056
Humpback whale.......................................... 0.0014
North Atlantic right whale.............................. 0.0022
------------------------------------------------------------------------
Mid-frequency cetaceans
------------------------------------------------------------------------
Sperm whale............................................. 0.0002
Atlantic white-sided dolphin............................ 0.0143
Atlantic spotted dolphin................................ 0.0006
Common bottlenose dolphin (Offshore).................... 0.0093
Long-finned pilot whale................................. 0.0016
Risso's dolphin......................................... 0.0006
Common dolphin.......................................... 0.0846
Striped dolphin......................................... 0.0000
White-beaked dolphin.................................... 0.0000
------------------------------------------------------------------------
High-frequency Cetaceans
------------------------------------------------------------------------
Harbor porpoise......................................... 0.0423
------------------------------------------------------------------------
Pinnipeds \1\
------------------------------------------------------------------------
Gray seal............................................... 0.0845
Harbor seal............................................. 0.0845
------------------------------------------------------------------------
\1\ Seal species are not separated in the Roberts (2022) data therefore
densities were evenly split between the two species expected to occur
in the Lease Area and potential ECRs.
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.
Level B harassment events were estimated by multiplying the average
annual density of each species within the Lease Area and potential ECRs
(table 6) by the largest harassment zone (141 m; table 5). That result
was then multiplied by the number of survey days in that Lease Area or
ECR (350 survey days), and rounded to the nearest whole number to
arrive at estimated take. This final number equals the instances of
take for the entire operational period. It was assumed the sparker
systems were operating all 350 survey days as it is the sound source
expected to produce the largest harassment zone. A summary of this
method is illustrated in the following formula with the resulting
proposed take of marine mammals is shown below in table 7:
Estimated take = Species Density x Harassment Zone x # of survey days
Table 7--Total Estimated and Requested Take Numbers
[By Level B harassment only]
----------------------------------------------------------------------------------------------------------------
Estimated Requested Max percent
Species Abundance Level B takes Level B takes population
----------------------------------------------------------------------------------------------------------------
Low-frequency Cetaceans
----------------------------------------------------------------------------------------------------------------
Fin whale....................................... 6,802 15 15 0.22
Sei whale....................................... 6,292 4 4 0.06
[[Page 67607]]
Minke whale..................................... 21,968 39 39 0.18
Humpback whale.................................. 1,396 10 10 0.72
North Atlantic right whale...................... 340 15 15 4.41
----------------------------------------------------------------------------------------------------------------
Mid-frequency Cetaceans
----------------------------------------------------------------------------------------------------------------
Sperm whale..................................... 5,895 2 2 0.03
Atlantic white-sided dolphin.................... 93,233 99 99 0.11
Atlantic spotted dolphin........................ 31,506 4 4 0.01
Common bottlenose dolphin (offshore stock)...... 64,587 65 65 0.10
Long-finned pilot whale......................... 39,215 11 11 0.03
Risso's dolphin................................. 44,067 4 4 (14) 0.03
Common dolphin.................................. 93,100 586 586 (1,485) 1.60
Striped dolphin................................. 48,274 0 0 (46) 0.10
White-beaked dolphin............................ 536,016 0 0 (12) 0.00
----------------------------------------------------------------------------------------------------------------
High-frequency Cetaceans
----------------------------------------------------------------------------------------------------------------
Harbor porpoise................................. 85,765 293 293 0.34
----------------------------------------------------------------------------------------------------------------
Pinnipeds
----------------------------------------------------------------------------------------------------------------
Seals:
Gray seal................................... 27,911 586 586 2.10
Harbor seal................................. 61,336 586 586 0.96
----------------------------------------------------------------------------------------------------------------
Additional data regarding average group sizes from survey effort in
the region was considered to ensure adequate take estimates are
evaluated. Take estimates for several species were adjusted based upon
observed group sizes in the area. The adjusted take estimates for these
species are indicated in bold in table 7. These calculated take
estimates were adjusted for these species as follows:
<bullet> Striped dolphin: No takes were calculated for this species
(table 7), but data from AMAPPS data indicate this species was observed
in the RI-MA WEA (Palka et al. 2017) where this Project Lease Area is
located. Therefore, 1 group of 46 was added to the requested takes,
based on a sighting of 1 group of 46 from AMAPPS data (Palka et al.
2017).
<bullet> Risso's dolphin: Only 4 takes were calculated but based on
2 reported detections with a total of 14 individuals of this species in
PSO monitoring reports for projects in the RI-MA WEA where this Project
Lease Area is located (Bay State Wind, 2019; Smultea Environmental
Sciences, 2020), the take number was increased to 14.
<bullet> Common dolphin: The Applicant requested to increase their
take numbers from 586 to 1,485 based on PSO data where 4,457
individuals were observed in the estimated Level B harassment zone over
a total of 1,300 survey days (Smultea Environmental Sciences, 2020).
The proposed survey is only 350 survey days which is approximately \1/
3\ of the survey days considered in the PSO data, so the number of
takes has been recalculated to \1/3\ of the 4,457 detections which
equates to 1,485.
<bullet> White-beaked dolphin: no takes were calculated but based
on reported detections of this species in 2 PSO monitoring reports for
projects in the RI-MA WEA where this Project Lease Area is located (EPI
Group, 2021; RPS, 2021), 1 group of 12 was added to the requested
takes.
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.
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, impact on
operations.
NMFS proposes the following mitigation measures be implemented
during Bay State Wind's proposed marine site characterization surveys.
Pursuant to section 7 of the ESA, Bay State Wind would also be required
to adhere to relevant Project Design Criteria (PDC) of the NMFS'
Greater
[[Page 67608]]
Atlantic Regional Fisheries Office (GARFO) programmatic consultation
(specifically PDCs 4, 5, and 7) regarding geophysical surveys along the
U.S. Atlantic coast (<a href="https://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">https://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>).
Marine Mammal Shutdown Zones
Marine mammal shutdown zones would be established around impulsive
HRG survey equipment (e.g., sparkers and boomers) for all marine
mammals. Shutdown zones would be monitored by PSOs based upon the
radial distance from the acoustic source rather than being based around
the vessel itself. An immediate shutdown of impulsive HRG survey
equipment will be required if a whale is sighted at or within the
corresponding marine mammal shutdown zones to minimize noise impacts on
the animals. If a shutdown is required, a PSO will notify the survey
crew immediately. Vessel operators and crews will comply immediately
with any call for shutdown. The shutdown zone may or may not encompass
the Level B harassment zone. Shutdown zone distances are as follows:
<bullet> A 500 m shutdown zone for North Atlantic right whales for
use of impulsive acoustic sources (e.g., boomers and/or sparkers) and
non-impulsive, non-parametric sub-bottom profilers; and
<bullet> A 100-m shutdown zone for use of impulsive acoustic
sources for all other marine mammals, with the exception of small
delphinids, i.e., those belonging to the genera Delphinus,
Lagenorhynchus, Stenella, or Tursiops, and pinnipeds.
Shutdown will remain in effect until the minimum separation
distances (detailed above) between the animal and noise source are re-
established. If a marine mammal enters the respective shutdown zone
during a shutdown period, the equipment may not restart until that
animal is confirmed outside the clearance zone as stated previously in
the pre-start clearance procedures. These stated requirements will be
included in the site-specific training to be provided to the survey
team.
Pre-Start Clearance
Marine mammal clearance zones would be established at the following
distances around the HRG survey equipment and monitored by PSOs:
<bullet> 500 m for NARWs and all other ESA-listed whales;
<bullet> 100 m for non-ESA listed large whales; and
<bullet> 50 m for dolphins, seals, and porpoises.
Bay State Wind would implement a 30-minute pre-start clearance
period prior to the initiation of ramp-up of specified HRG equipment.
During this period, clearance zones will be monitored by PSOs, using
the appropriate visual technology. Ramp-up may not be initiated if any
marine mammal(s) is within its respective clearance zone. If a marine
mammal is observed within a clearance zone during the pre-start
clearance period, ramp-up may not begin until the animal(s) has been
observed exiting its respective exclusion zone or until an additional
time period has elapsed with no further sighting (i.e., 15 minutes for
small odontocetes and seals, and 30 minutes for all other species).
Monitoring would be conducted throughout all pre-clearance and shutdown
zones as well as all visible waters surrounding the sound sources and
the vessel. All marine mammals detected will be recorded as described
in the Proposed Monitoring and Reporting section.
Ramp-Up of Survey Equipment
A ramp-up procedure, involving a gradual increase in source level
output, is required at all times as part of the activation of the
acoustic source when technically feasible. The ramp-up procedure would
be used at the beginning of HRG survey activities in order to provide
additional protection to marine mammals near the Lease Area and
potential ECRs by allowing them to vacate the area prior to the
commencement of survey equipment operation at full power. Operators
should ramp-up sources to half power for 5 minutes and then proceed to
full power.
The ramp-up procedure will not be initiated (i.e., equipment will
not be started) during periods of inclement conditions when the marine
mammal pre-start clearance zone cannot be adequately monitored by the
PSOs for a 30 minute period using the appropriate visual technology. If
any marine mammal enters the clearance zone, ramp-up will not be
initiated until the animal is confirmed outside the marine mammal
clearance zone, or until the appropriate time (30 minutes for whales,
15 minutes for dolphins, porpoises, and seals) has elapsed since the
last sighting of the animal in the clearance zone.
Shutdown, pre-start clearance, and ramp-up procedures are not
required during HRG survey operations using only non-impulsive sources
(e.g., echosounders) other than non-parametric sub-bottom profilers
(e.g., CHIRPs).
Vessel Strike Avoidance
Bay State Wind must adhere to the following measures except in the
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 protected species and slow down, stop their vessel, or alter
course, as appropriate and regardless of vessel size, to avoid striking
any protected species. A visual observer aboard the vessel must monitor
a vessel strike avoidance zone based on the appropriate separation
distance around the vessel (distances stated 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 protected species from other phenomena, and (2) broadly
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 mammal;
a. All survey vessels, regardless of size, must observe a 10-kn
speed restriction in specified areas designated by NMFS for the
protection of North Atlantic right whales from vessel strikes including
seasonal management areas (SMAs) and dynamic management areas (DMAs)
when in effect;
b. Members of the monitoring team will consult NMFS North Atlantic
right whale reporting system and Whale Alert, as able, for the presence
of North Atlantic right whales throughout survey operations, and for
the establishment of a DMA. If NMFS should establish a DMA in the Lease
Area and potential ECRs during the survey, the vessels will abide by
speed restrictions in the DMA;
c. All vessels greater than or equal to 19.8 m in overall length
operating from November 1 through April 30 will operate at speeds of 10
kn (5.1 m/second) or less at all times;
d. All vessels must reduce their speed to 10 kn (5.1 m/second) or
less when mother/calf pairs, pods, or large assemblages of any species
of cetaceans is observed near a vessel;
e. All vessels must maintain a minimum separation distance of 500 m
from right whales and other ESA-listed large whales;
f. If a whale is observed but cannot be confirmed as a species
other than a right
[[Page 67609]]
whale or other ESA-listed large whale, the vessel operator must assume
that it is a right whale and take appropriate action;
g. All vessels must maintain a minimum separation distance of 100 m
from non-ESA listed 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). If marine mammals are
sighted within the relevant separation distance, the vessel must reduce
speed and shift the engine to neutral, not engaging the engines until
animals are clear of the area. This does not apply to any vessel towing
gear or any vessel that is navigationally constrained.
Project-specific training will be conducted for all vessel crew
prior to the start of a survey and during any changes in crew such that
all survey personnel are fully aware and understand the mitigation,
monitoring, and reporting requirements.
Based on our evaluation of the applicant's proposed measures, 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.
Proposed Monitoring Measures
Visual monitoring will be performed by qualified, NMFS-approved
PSOs, the resumes of whom will be provided to NMFS for review and
approval prior to the start of survey activities. Bay State Wind would
employ independent, dedicated, trained PSOs, meaning that the PSOs must
(1) be employed by a third-party observer provider, (2) 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 mammals and mitigation requirements (including brief
alerts regarding maritime hazards), and (3) have successfully completed
an approved PSO training course appropriate for their designated task.
On a case-by-case basis, non-independent observers may be approved by
NMFS for limited, specified duties in support of approved, independent
PSOs on smaller vessels with limited crew operating in nearshore
waters.
The PSOs will be responsible for monitoring the waters surrounding
each survey vessel to the farthest extent permitted by sighting
conditions, including shutdown and pre-clearance zones, during all HRG
survey operations. PSOs will visually monitor and identify marine
mammals, including those approaching or entering the established
shutdown and pre-clearance zones during survey activities. It will be
the responsibility of the Lead PSO 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.
During all HRG survey operations (e.g., any day on which use of an
HRG source is planned to occur), a minimum of one PSO must be on duty
during daylight operations on each survey vessel, conducting visual
observations at all times on all active survey vessels during daylight
hours (i.e., from 30 minutes prior to sunrise through 30 minutes
following sunset). Two PSOs will be on watch during nighttime
operations. The PSO(s) would ensure 360-degree visual coverage around
the vessel from the most appropriate observation posts and would
conduct visual observations using binoculars and/or night vision
goggles and the naked eye while free from distractions and in a
consistent, systematic, and diligent manner. 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
observations per 24-hour period. In cases where multiple vessels are
surveying concurrently, any observations of marine mammals would be
communicated to PSOs on all nearby survey vessels.
PSOs must be equipped with binoculars and have the ability to
estimate distance and bearing to detect marine mammals, particularly in
proximity to exclusion 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 would be used. 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 would 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
[[Page 67610]]
observations of marine mammals by crew members aboard any 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. 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, behaviors);
and details of any observed marine mammal behavior that occurs (e.g.,
notes behavioral disturbances). For more detail on the proposed
monitoring requirements, see condition 5 of the draft IHA.
Proposed Reporting Measures
Within 90 days after completion of survey activities or expiration
of this IHA, whichever comes sooner, a draft comprehensive report will
be provided to NMFS that fully documents the methods and monitoring
protocols, summarizes the data recorded during monitoring, summarizes
the number of marine mammals observed during survey activities (by
species, when known), summarizes the mitigation actions taken during
surveys including what type of mitigation and the species and number of
animals that prompted the mitigation action, when known), and provides
an interpretation of the results and effectiveness of all mitigation
and monitoring. Any recommendations made by NMFS must be addressed in
the final report prior to acceptance by NMFS. A final report must be
submitted within 30 days following any comments on the draft report.
All draft and final marine mammal and acoustic monitoring reports must
be submitted to <a href="/cdn-cgi/l/email-protection#edbdbfc3a4b9bdc3a082838499829f84838abf889d829f999ead83828c8cc38a829b"><span class="__cf_email__" data-cfemail="85d5d7abccd1d5abc8eaebecf1eaf7ecebe2d7e0f5eaf7f1f6c5ebeae4e4abe2eaf3">[email protected]</span></a> and
<a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="dc95888cf294b5b0a89cb2b3bdbdf2bbb3aa">[email protected]</a>. The report must contain at minimum, the following:
<bullet> PSO names and affiliations;
a. Dates of departures and returns to port with port names;
b. Dates and times (Greenwich Mean Time) of survey effort and times
corresponding with PSO effort;
c. Vessel location (latitude/longitude) when survey effort begins
and ends; vessel location at beginning and end of visual PSO duty
shifts;
d. Vessel heading and speed at beginning and end of visual PSO duty
shifts and upon any line change;
e. Environmental conditions while on visual survey (at beginning
and end of PSO shift and whenever conditions change significantly),
including wind speed and direction, BSS, Beaufort wind force, swell
height, weather conditions, cloud cover, sun glare, and overall
visibility to the horizon;
<bullet> Factors that may be contributing to impaired observations
during each PSO shift change or as needed as environmental conditions
change (e.g., vessel traffic, equipment malfunctions); and
<bullet> Survey activity information, such as type of survey
equipment in operation, acoustic source power output while in
operation, and any other notes of significance (i.e., pre-clearance
survey, ramp-up, shutdown, end of operations, etc.).
<bullet> Survey activity information (and changes thereof),
including at minimum the general specifications of all acoustic
sources, power output of all sparkers and boomers while in operation,
number of operational sparker tips for all sparkers, tow depth(s) of
all towed acoustic sources, and any other notes of significance (i.e.,
pre-start clearance, ramp-up, shutdown, testing, shooting, ramp-up
completion, end of operations, streamers, etc.).
<bullet> If a marine mammal is sighted, the following information
should be recorded:
a. Watch status (sighting made by PSO on/off effort, opportunistic,
crew, alternate vessel/platform);
b. PSO who sighted the animal;
c. Time of sighting;
d. Vessel location at time of sighting;
e. Water depth;
f. Direction of vessel's travel (compass direction);
g. Direction of animal's travel relative to the vessel;
h. Pace of the animal;
i. Estimated distance to the animal and its heading relative to
vessel at initial sighting;
<bullet> 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;
a. Estimated number of animals (high/low/best);
b. Estimated number of animals by cohort (adults, yearlings,
juveniles, calves, group composition, etc.);
c. 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);
<bullet> Detailed behavior observations (e.g., number of blows,
number of surfaces, breaching, spyhopping, diving, feeding, traveling;
as explicit and detailed as possible; note any observed changes in
behavior);
a. Animal's closest point of approach and/or closest distance from
the center point of the acoustic source;
<bullet> Platform activity at time of sighting (e.g., deploying,
recovering, testing, data acquisition, other); and
<bullet> Description of any actions implemented in response to the
sighting (e.g., delays, shutdown, ramp-up, speed or course alteration,
etc.) and time and location of the action.
If a North Atlantic right whale is observed at any time by PSOs or
personnel on any project vessels, during surveys or during vessel
transit, Bay State Wind must immediately report sighting information to
the NMFS North Atlantic Right Whale Sighting Advisory System: (866)
755-6622. North Atlantic right whale sightings in any location may also
be reported to the U.S. Coast Guard via channel 16.
In the event that Bay State Wind personnel discover an injured or
dead marine mammal, Bay State Wind will report the incident to the NMFS
Office of Protected Resources (OPR) and the NMFS New England/Mid-
Atlantic Stranding Coordinator as soon as feasible. The report would
include the following information:
a. Species identification (if known) or description of the
animal(s) involved;
b. Condition of the animal(s) (including carcass condition if the
animal is dead);
c. Observed behaviors of the animal(s), if alive;
d. If available, photographs or video footage of the animal(s); and
e. General circumstances under which the animal was discovered;
f. Time;
g. Date; and
h. location (latitude/longitude) of the first discovery (and
updated location information if known and applicable).
In the unanticipated event of a ship strike of a marine mammal by
any vessel involved in this activities covered by the IHA, Bay State
Wind would report the incident to NMFS OPR and the NMFS New/England/
Mid-Atlantic Stranding Coordinator as soon as feasible. The report
would include the following information:
a. Time, date, and location (latitude/longitude) of the incident;
b. Species identification (if known) or description of the
animal(s) involved;
c. Vessel's speed during and leading up to the incident;
d. Vessel's course/heading and what operations were being conducted
(if applicable);
e. Status of all sound sources in use;
f. 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;
g. Environmental conditions (e.g., wind speed and direction, BSS,
cloud
[[Page 67611]]
cover, visibility) immediately preceding the strike;
h. Estimated size and length of animal that was struck;
i. Description of the behavior of the marine mammal immediately
preceding and following the strike;
j. If available, description of the presence and behavior of any
other marine mammals immediately preceding the strike;
k. 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
l. 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 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 discussion of our analysis applies to all
the species listed in table 2, given that the anticipated effects of
this activity on these different marine mammal stocks are expected to
be similar. Where there are meaningful differences between species or
stocks as--is the case of the North Atlantic right whale--they are
included as separate subsections below. NMFS does not anticipate that
serious injury or mortality would occur as a result from 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 Level B
harassment in the form of 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, 2021). As described above,
Level A harassment is not expected to occur given the nature of the
operations and the estimated small size of the Level A harassment
zones.
In addition to being temporary, the maximum expected harassment
zone around the 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 Lease
Area and potential ECRs; 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 Lease Area
and potential ECRs. Two harbor and gray seal breeding and pupping
grounds have been identified on Nantucket Sound at Monomoy and Muskeget
Island. As the acoustic footprint of the proposed HRG activities is
relatively small and these areas occur outside the Lease Area and
potential ECRs, hauled seals are not expected to be impacted by these
activities.
North Atlantic Right Whale
The status of the North Atlantic right whale (NARW) population is
of heightened concern and therefore, merits additional analysis. As
noted previously, elevated NARW mortalities began in June 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 Lease
Area and potential ECRs overlaps with a migratory corridor biologically
important area (BIA) for North Atlantic right whales (effective March-
April; November-December) that extends from Massachusetts to Florida
and, off the coast of NY and RI, from the coast to beyond the shelf
break (LaBrecque et al. 2015). Right whale migration is not expected to
be impacted by the proposed survey due to the very small size of the
Lease Area and potential ECRs relative to the spatial extent of the
available migratory habitat in the BIA. The proposed Lease Area and
potential ECRs also overlap with the Block Island SMA, active from
November 1 to April 30. NARWs may be feeding or migrating within the
SMA. Required vessel strike avoidance measures and following the speed
restrictions of the SMA will decrease the risk of ship strike during
NARW migration; no ship strike is expected to occur during Bay State
Wind's proposed activities. For reasons as described above, minimal
impacts are expected to prey availability and feeding success.
Additionally, HRG survey operations are required to maintain a 500
distance and shutdown if a NARW is sighted at or within 500 m. The 500-
m shutdown zone for right whales is conservative, considering the Level
B harassment isopleth for the most impactful sources (i.e., GeoMarine
Sparkers, AA Dura-spark UHD Sparkers, AA Triple plate S-Boom) is
estimated to be 141 m, and thereby minimizes the potential for
behavioral harassment of this species. Therefore only very limited take
by Level B harassment of NARW has been requested and is being proposed
for authorization by NMFS. As noted previously, Level A harassment is
not expected, nor authorized, due to the small PTS zones associated
with HRG equipment types proposed for use. NMFS does not anticipate
NARW takes that result from the proposed survey activities would impact
annual rates of recruitment or survival. Thus, any takes that occur
would not result in population level impacts.
On August 1, 2022, NMFS announced proposed changes to the existing
North
[[Page 67612]]
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, September 9, 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.
Other Marine Mammals With Active UMEs
As noted previously, there are several active UMEs occurring in the
vicinity of Bay State Wind's proposed Lease Area and potential ECRs.
Elevated humpback whale mortalities have occurred along the Atlantic
coast from Maine through Florida since January 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
distinct population segment) remains stable at approximately 12,000
individuals.
Beginning in January 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.
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 in the area (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 any of the species
or stocks through effects on annual rates of recruitment or survival:
<bullet> No serious injury or mortality is anticipated or
authorized;
<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 area
during the planned surveys to avoid exposure to sounds from the
activity;
<bullet> Take is anticipated to be of Level B behavioral harassment
only consisting of brief startling reactions and/or temporary avoidance
of the ensonified area;
<bullet> While the Lease Area and potential ECRs is within areas
noted as a migratory BIA and SMA for North Atlantic right whales, the
activities would occur in such a comparatively small area such that any
avoidance of the ensonified area due to activities would not affect
migration. In addition, mitigation measures require shutdown at 500 m
(almost four times the size of the Level B harassment isopleth (141 m),
which minimizes the effects of the take on the species; and
<bullet> The proposed mitigation measures, including visual
monitoring and shutdowns, are expected to minimize potential impacts to
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 take of small numbers of marine mammals
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 (in fact, take of
individuals is less than 5 percent of the abundance of the affected
stocks for these species, see table 7). The figures presented in table
7 are likely conservative estimates as they assume all takes are of
different individual animals which is likely not to be the case. Some
individuals may return multiple times in a day, but PSOs would count
them as separate takes if they cannot be individually identified.
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.
[[Page 67613]]
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 ESA 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 OPR consults
internally whenever we propose to authorize take for endangered or
threatened species.
NMFS OPR 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 Bay State Wind for conducting site characterization
surveys off the coast of Rhode Island and Massachusetts from October 6,
2024, to October 5, 2025, provided the previously mentioned mitigation,
monitoring, and reporting requirements are incorporated. A draft of the
proposed IHA can be found 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>.
Request for Public Comments
We request comment on our analyses, the proposed authorization, and
any other aspect of this notice of proposed IHA for the proposed HRG
surveys. 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
Activity section of this notice is planned or (2) the activities as
described in the Description of Proposed Activity 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 1 year from expiration
of the initial IHA);
<bullet> The request for renewal must include the following:
[cir] 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);
and
[cir] 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
<bullet> 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: August 15, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-18694 Filed 8-20-24; 8:45 am]
BILLING CODE 3510-22-P
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