Notice2024-19219
Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's Marine Site Characterization Surveys in the New York Bight
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 27, 2024
Effective
August 21, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
In accordance with the regulations implementing the Marine Mammal Protection Act (MMPA) as amended, notification is hereby given that NMFS has issued an incidental harassment authorization (IHA) to Invenergy Wind Offshore, LLC (IWO) for the renewal of their 2023 IHA to take marine mammals incidental to marine site characterization surveys in waters off of New Jersey and New York in the New York Bight.
Full Text
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<title>Federal Register, Volume 89 Issue 166 (Tuesday, August 27, 2024)</title>
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[Federal Register Volume 89, Number 166 (Tuesday, August 27, 2024)]
[Notices]
[Pages 68595-68600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19219]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE143]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's
Marine Site Characterization Surveys in the New York Bight
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Invenergy Wind Offshore, LLC (IWO) for the renewal of their 2023 IHA to
take marine mammals incidental to marine site characterization surveys
in waters off of New Jersey and New York in the New York Bight.
DATES: This authorization is effective from August 21, 2024 through
July 30, 2025.
ADDRESSES: Electronic copies of the initial IHA application, Renewal
IHA request, Renewal IHA, and supporting documents, including Federal
Register notices of the initial proposed and final authorizations, the
initial IHA, and the proposed IHA Renewal, as well as a list of the
references cited in this document, may be obtained 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>. In case of problems accessing these
documents, please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Austin Demarest, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are promulgated or, if the taking is limited to harassment, an
incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). 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 such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C.
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity and requested public
comment on a potential renewal under those circumstances. Specifically,
on a case-by-case basis, NMFS may issue a one-time 1-year renewal of an
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical, or nearly
identical, activities as described in the Detailed Description of
Specified Activities section of the initial IHA issuance notice is
planned or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
1. A request for renewal is received no later than 60 days prior to
the needed renewal IHA effective date (recognizing that the renewal IHA
expiration date cannot extend beyond 1 year from expiration of the
initial IHA);
2. The request for renewal must include the following: (a) 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
(b) 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
4. Upon review of the request for renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: <a href="http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals">http://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals</a>.
History of Request
On July 19, 2023, NMFS issued the 2023 IHA (hereinafter, the 2023
IHA is referred to as the ``initial IHA'' and the 2024 IHA is referred
to as the ``Renewal IHA'') to IWO to take small numbers of marine
mammals incidental to site characterization surveys off the coast of
New York and New Jersey in the New
[[Page 68596]]
York Bight (88 FR 47846, July 25, 2023), effective from July 31, 2023
through July 30, 2024. On May 3, 2024, NMFS received a request for the
renewal of the initial IHA, which was deemed adequate and complete on
May 24, 2024. As described in the application for renewal IHA, the
specified activities for which incidental take is requested are
identical to those included in the initial authorization. As required,
IWO provided a preliminary monitoring report, which shows that it has
implemented the required mitigation and monitoring measures and no
impacts of a scale or nature not previously analyzed or authorized have
occurred as a result of the activities conducted. The notice of the
proposed renewal incidental harassment authorization was published for
public comment on July 17, 2024 (89 FR 58124).
Description of the Specified Activity and Anticipated Impacts
IWO plans to conduct an additional year of marine site
characterization surveys, including high-resolution geophysical (HRG)
surveys, in waters off the coast of New Jersey and New York in the New
York Bight, specifically within the Bureau of Ocean Energy Management
(BOEM) Commercial Lease of Submerged Lands for Renewable Energy
Development on the Outer Continental Shelf (OCS) Lease Area OCS-A 0542
and the associated Export Cable Route (ECR) Area. Hereafter, both the
areas are referred to as the Survey Area.
The purpose of IWO's proposed surveys is to provide sufficient data
to meet BOEM guidelines and support the development of offshore wind
facilities in the Survey Area. Specifically, data collected would
support site characterization, siting, and engineering design of
offshore wind facilities including turbine generators, offshore
substations, submarine cables and data necessary for project review
requirements. IWO will have a maximum of three vessels surveying
concurrently. Underwater sounds produced from sparkers and boomers
during IWO's surveys has the potential to result in Level B harassment
of 15 species (comprising 16 stocks) of marine mammals. The specified
activities that may result in take of marine mammals are identical in
scope, effort, potential harassment to marine mammals, and mitigation
measures as the Initial IHA (88 FR 47846).
Detailed Description of the Activity
A detailed description of the surveys for which incidental take is
proposed here may be found in the Federal Register notice of the
initial Proposed IHA (88 FR 32735, May 22, 2023). The location,
duration, and nature of the activities, including the types of
equipment planned for use, are identical to those described in the
notice referenced above. The IHA is effective from August 21, 2024
through July 30, 2025.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to IWO was
published in the Federal Register on July 17, 2024 (89 FR 58124). That
notice described, in detail, or referenced descriptions of IWO's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated number and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received a total of five public
comment letters. Four of these comment letters were from private
citizens and one was from a non-governmental organization (Clean Ocean
Action (COA)). The public comments expressed general opposition to the
underlying associated activities. These comments do not raise
significant points for NMFS to consider or are out of the scope of this
activity.
We reiterate here that NMFS' proposed action concerns only the
authorization of marine mammal take incidental to the planned surveys--
NMFS' authority under the MMPA does not extend to the surveys
themselves or to wind energy development more generally. The public
comments requested that NMFS not issue any IHAs related to wind energy
development and/or expressed opposition for wind energy development
generally. We do not specifically address these comments because they
are out of scope of the proposed Renewal IHA (89 FR 58124, July 17,
2024) or do not raise significant points for NMFS to consider.
All substantive comments and NMFS' responses are provided below,
and all comment letters are available online at: <a href="https://www.fisheries.noaa.gov/action/incidental-take-authorization-invenergy-wind-offshore-llcs-site-characterization-surveys-new">https://www.fisheries.noaa.gov/action/incidental-take-authorization-invenergy-wind-offshore-llcs-site-characterization-surveys-new</a>.
Comment 1: Several commenters expressed a concern that the proposed
IHA and its associated specified activities would lead to mortality
(death) of marine mammals.
Response: The public commenters did not provide any scientific
evidence to support their claim that the proposed IHA and specific
activities would lead to mortality of marine mammal. NMFS emphasizes
that there is no credible scientific evidence available suggesting that
mortality and/or serious injury is a potential outcome of the planned
survey activity. NMFS notes there has never been a report of any
serious injuries or mortalities of a marine mammal associated with site
characterization surveys.
The best available science indicates that Level B harassment (i.e.,
disruption of behavioral patterns may occur as a result of IWO's
specified activities. We also refer to the Greater Atlantic Regional
Fisheries Office (GARFO) 2021 Programmatic Consultation, which finds
that these survey activities are in general not likely to adversely
affect Endangered Species Act (ESA)-listed marine mammal species. That
document is found at <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>.
Comment 2: COA stated that marine mammal species experiencing
Unusual Mortality Events (UMEs), such as North Atlantic right whales,
humpback whales, and minke whales should be protected more carefully.
Response: NMFS appreciates COAs concern for marine mammals
experiencing UMEs. However, COA did not suggest any additional
mitigation measures that NMFS should consider incorporating into the
IHA.
Comment 3: COA states the use of a Categorical Exclusion (CE) under
National Environmental Policy Act (NEPA) should not apply and further
analysis should be conducted while considering cumulative effects of
the proposed IHA relative to other authorized takes in the area,
including takes under the 2023 IHA.
Response: NMFS disagrees. A CE is a category of actions that an
agency has determined does not individually or cumulatively have a
significant effect on the quality of the human environment and is
appropriately applied for such categories of actions so long as there
are no extraordinary circumstances present that would indicate that the
effects of the action may be significant. Extraordinary circumstances
are situations for which NOAA has determined further NEPA analysis is
required because they are circumstances in which a normally excluded
action may have significant effects. A determination of whether an
action that is normally excluded requires additional evaluation because
of extraordinary circumstances focuses on the action's potential
effects and considers the significance of those
[[Page 68597]]
effects in terms of both context (consideration of the affected region,
interests, and resources) and intensity (severity of impacts).
Potential extraordinary circumstances relevant to this action include:
(1) adverse effects on species or habitats protected by the MMPA that
are not negligible; (2) highly controversial environmental effects; (3)
environmental effects that are uncertain, unique, or unknown; and (4)
the potential for significant cumulative impacts when the proposed
action is combined with other past, present, and reasonably foreseeable
future actions.
The relevant NOAA CE associated with issuance of incidental take
authorizations is CE B4, ``Issuance of incidental harassment
authorizations under section 101(a)(5)(A) and (D) of the MMPA for the
incidental, but not intentional, take by harassment of marine mammals
during specified activities and for which no serious injury or
mortality is anticipated.'' This action falls within CE B4. In
determining whether a CE is appropriate for a given incidental take
authorization, NMFS considers the applicant's specified activity and
the potential extent and magnitude of takes of marine mammals
associated with that activity along with the extraordinary
circumstances listed in the Companion Manual for NOAA Administrative
Order (NAO) 216-6A and summarized above.
The evaluation of whether extraordinary circumstances (if present)
have the potential for significant environmental effects is limited to
the decision NMFS is responsible for, which is issuance of the
incidental take authorization. Potential effects of NMFS' action are
limited to those that would occur due to the authorization of
incidental take of marine mammals. NMFS prepared numerous EAs analyzing
the environmental impacts of the categories of activities encompassed
by CE B4, which resulted in Findings of No Significant Impacts (FONSIs)
and, in particular, numerous EAs prepared in support of issuance of
IHAs related to similar survey actions are part of NMFS' administrative
record supporting CE B4. These EAs demonstrate the issuance of a given
incidental harassment authorization does not affect other aspects of
the human environment because the action only affects the marine
mammals that are the subject of the incidental harassment
authorization.
Specifically for this action, NMFS independently evaluated the use
of the CE for issuance of IWO's IHA, which included consideration of
extraordinary circumstances. As part of that analysis, NMFS considered
whether this IHA issuance would result in cumulative impacts that could
be significant. In particular, the issuance of an IHA to IWO is
expected to result in minor, short-term behavioral effects on marine
mammal species due to exposure to underwater sound from site
characterization survey activities. Behavioral disturbance is possible
to occur intermittently in the vicinity of IWO's survey area during the
1-year timeframe. Level B harassment will be reduced through use of
mitigation measures described herein. Additionally, as discussed
elsewhere, NMFS has determined that IWO's 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), which concluded surveys such as those planned
by IWO are not likely to adversely affect ESA-listed species or
adversely modify or destroy critical habitat. Accordingly, NMFS has
determined that the issuance of this IHA will result in no more than
negligible (as that term is defined by the Companion Manual for NAO
216-6A) adverse effects on species protected by the ESA and the MMPA.
Further, the issuance of this IHA will not result in highly
controversial environmental effects or result in environmental effects
that are uncertain, unique, or unknown because numerous entities have
been engaged in site characterization surveys that result in Level B
harassment of marine mammals in the United States. This type of
activity is well documented; prior authorizations and analysis
demonstrates issuance of an IHA for this type of action only affects
the marine mammals that are the subject of the specific authorization
and, thus, no potential for significant cumulative impacts are
expected, regardless of past, present, or reasonably foreseeable
actions, even though the impacts of the action may not be significant
by itself. Based on this evaluation, we concluded that the issuance of
the IHA qualifies to be categorically excluded from further NEPA
review.
Comment 4: COA states there is considerable uncertainty regarding
the effect of preconstruction surveying on marine mammals.
Response: NMFS disagrees. NMFS has issued IHAs for marine site
characterization surveys and HRG surveys since 2014 and marine mammal
behavioral responses, or lack thereof, from these activities are well
documented. Marine mammal monitoring reports from authorized surveys
and the best available science indicates that only Level B harassment
(i.e.,temporary disruption of behavioral patterns) may occur. No
mortality or serious injury is expected to occur as a result of IWOs
planned surveys, and there is no scientific evidence indicating that
any marine mammal could experience these as a direct result of noise
from geophysical survey activity.
Comment 5: COA asserted that NMFS should reject IWOs application
until the cumulative impacts of every incidental take authorization on
marine mammals are considered. COA also stated that NMFS must fully
consider the discrete effects of each activity and the cumulative
effects of the suite of approved, proposed, and potential offshore wind
activities on marine mammals and ensure that the cumulative effects are
not excessive before issuing or renewing an IHA.
Response: NMFS is required to authorize the requested incidental
take if it finds the incidental take by harassment of small numbers of
marine mammals by U.S. citizens ``while engaging in that [specified]
activity'' within a specified geographic region will have a negligible
impact on such species or stock and where appropriate, will not have an
unmitigable adverse impact on the availability of such species or stock
for subsistence uses (16 U.S.C. 1371(a)(5)(D)). Negligible impact is
defined 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). Neither the MMPA nor
NMFS' implementing regulations require consideration of other unrelated
activities and their impacts on marine mammal populations in the
negligible impact determination. Additionally, NMFS' implementing
regulations require applicants to include in their request a detailed
description of the specified activity or class of activities that can
be expected to result in incidental taking of marine mammals (50 CFR
216.104(a)(1)). Thus, the ``specified activity'' for which incidental
take coverage is being sought under section 101(a)(5)(D) is generally
defined and described by the applicant. Consistent with the preamble of
NMFS' implementing regulations (54 FR 40338, September 29, 1989), the
impacts from other past and ongoing anthropogenic activities are
factored into the baseline, which is used in the negligible impact
analysis. Here, NMFS has factored into its negligible impact analysis
the impacts of other past and ongoing anthropogenic activities via
their
[[Page 68598]]
impacts on the baseline (e.g., as reflected in the density,
distribution and status of the species, population size and growth
rate, and other relevant stressors).
The preamble of NMFS' implementing regulations (54 FR 40338,
September 29, 1989) also addresses cumulative effects from future,
unrelated activities. Such effects are not considered in making the
negligible impact determination under MMPA section 101(a)(5). NMFS
considers (1) cumulative effects that are reasonably foreseeable when
preparing a NEPA analysis, and (2) reasonably foreseeable cumulative
effects under section 7 of the ESA for listed species, as appropriate.
Accordingly, NMFS has written Environmental Assessments (EA) that
addressed cumulative impacts related to substantially similar
activities in similar locations (e.g., the 2019 Avangrid EA for survey
activities offshore North Carolina and Virginia; the 2017 Ocean Wind,
LLC EA for site characterization surveys off New Jersey; and the 2018
Deepwater Wind EA for survey activities offshore Delaware,
Massachusetts, and Rhode Island). Cumulative impacts regarding issuance
of IHAs for site characterization survey activities such as those
planned by IWO have been adequately addressed under NEPA in prior
environmental analyses that support NMFS' determination that this
action is appropriately categorically excluded from further NEPA
analysis. NMFS independently evaluated the use of a CE for issuance of
IWO's IHA, which included consideration of extraordinary circumstances.
Separately, the cumulative effects of substantially similar
activities in the northwest Atlantic Ocean have been analyzed in the
past under section 7 of the ESA when NMFS has engaged in formal intra-
agency consultation, such as the 2013 programmatic Biological Opinion
(BiOp) for BOEM Lease and Site Assessment Rhode Island, Massachusetts,
New York, and New Jersey Wind Energy Areas (<a href="https://repository.library.noaa.gov/view/noaa/29291">https://repository.library.noaa.gov/view/noaa/29291</a>). Analyzed activities
include those for which NMFS issued previous IHAs (82 FR 31562, July 7,
2017; 83 FR 28808, June 21, 2018; 83 FR 36539, July 30, 2018; and 86 FR
26465, May 10, 2021), which are similar to those planned by IWO under
this current IHA request. This BiOp determined that NMFS' issuance of
IHAs for site characterization survey activities associated with
leasing, individually and cumulatively, are not likely to adversely
affect listed marine mammals. NMFS notes that, while issuance of this
IHA is covered under a different consultation, this BiOp remains valid.
Comment 6: A commenter stated that Letters of Authorizations (LOA)
would be more appropriate than IHAs and IHA renewals when time to
complete proposed activities are unclear.
Response: Under section 101(a)(5)(D)(i) of the MMPA, the Secretary
of Commerce, as delegated to NMFS, shall authorize the requested
incidental, but not intentional, taking by harassment of small numbers
of marine mammals by the requestor while engaged in the specified
activities if NMFS finds the harassment (1) will have a negligible
impact of such species or stock and (2) will not have an unmitigable
adverse impact on the availability of such stocks for the taking for
subsistence uses, if applicable. IWO requested an IHA for specified
activities that could reasonably be completed within 1 year, and NMFS
has made the required findings.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Federal Register notice of the Proposed IHAs (88 FR 32735, May 22,
2023) for the initial IHA. NMFS has reviewed the monitoring data from
the initial IHA, the draft 2023 Stock Assessment Reports (SARs), which
included updates to certain stock abundances since the initial IHA was
issued, information on relevant UME, and other scientific literature.
The draft 2023 SAR updated the population estimate (N<INF>best</INF>)
of North Atlantic right whales from 338 to 340 and annual mortality and
serious injury from 31.2 to 27.2. The updated population estimate in
the draft 2023 SAR is based upon sighting history through December 2021
(89 FR 5495, January 29, 2024). Total annual average observed North
Atlantic right whale mortality during the period 2017-2021 was 7.1
animals and annual average observed fishery mortality was 4.6 animals,
however, estimates of 27.2 total mortality and 17.6 fishery mortality
account for undetected mortality and serious injury (89 FR 5495,
January 29, 2024). In October 2023, NMFS released a technical report
identifying that the North Atlantic right whale population size based
on sighting history through 2022 was 356 whales, with a 95 percent
credible interval ranging from 346 to 363 (Linden, 2023).
The population estimates (N<INF>best</INF>) also increased for the
North Atlantic stock of Sperm whales, the Western North Atlantic
Offshore stock of Common bottlenose dolphins, Western North Atlantic
stocks of Risso's dolphins, Atlantic spotted dolphins, and Gray seals.
However, abundance estimates slightly decreased for the Western North
Atlantic stocks of Common dolphins and Harbor Porpoises. NMFS has
determined there is no new information that affects which species or
stocks have the potential to be affected or the pertinent information
in the Description of the Marine Mammals in the Area of Specified
Activities contained in the supporting documents for the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which an IHA is
proposed here may be found in the notice of the proposed IHA (88 FR
32735, May 22, 2023) for the initial IHA. NMFS has reviewed the
monitoring data from the initial IHA, recent draft SARs, information on
relevant UME's, and other scientific literature and determined that
there is no new information that affects our initial analysis of
impacts on marine mammals and their habitat. Therefore, that
information is not repeated here; please refer to the Federal Register
notice (88 FR 32735, May 22, 2023).
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Federal Register
notice of the Final IHA (88 FR 47846, July 25, 2023) for the initial
IHA. Specifically, the source levels, days of operation, and marine
mammal density/occurrence data applicable to this authorization remain
unchanged from the initial IHA. Similarly, the stocks taken, methods of
take, and type of take remain unchanged from the initial IHA, as do the
number of takes, which are indicated below in table 1.
[[Page 68599]]
Table 1--Estimated Take Number and Total Authorized Take by Level B Harassment
----------------------------------------------------------------------------------------------------------------
Density
Species Ensonified (animals/ Estimated take Total take Percent of
area (km\2\) km\2\) authorized abundance
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale...... 3,615 0.001748 6 6 \A\ 1.76
Humpback whale.................. 3,615 0.003657 13 13 0.93
Fin whale....................... 3,615 0.004856 18 18 0.26
Sei whale....................... 3,615 0.001813 7 7 0.11
Minke whale..................... 3,615 0.025476 92 92 0.42
Sperm whale..................... 3,615 0.000371 1 2 \A\ 0.03
Risso's dolphin................. 3,615 0.002841 10 10 \A\ 0.02
Long-finned pilot whale......... 3,615 0.003363 12 15 0.03
Atlantic white-sided dolphin.... 3,615 0.027836 101 101 0.11
Common dolphin.................. 3,615 0.245719 888 888 \A\ 0.95
Atlantic spotted dolphin........ 3,615 0.011683 42 42 \A\ 0.13
Harbor porpoise................. 3,615 0.262904 950 950 \A\ 1.11
Common bottlenose dolphin 3,164 0.193127 611 611 \A\ 0.95
(Offshore Stock) \B\...........
Common bottlenose dolphin 452 1.758553 795 795 11.97
(Northern Migratory Coastal
Stock) \C\.....................
Gray seal....................... 3,615 \D\ 0.262904 950 950 \A\ \E\ 0.26
Harbor seal..................... 3,615 \D\ 0.262904 950 950 1.55
----------------------------------------------------------------------------------------------------------------
Note: Take request based on average group size using sightings data from (CETAP, 1982, Palka et al., 2017, Palka
et al., 2021) (see Attachment 3 of the application for the initial IHA).
\A\ Based on the 2023 draft marine mammal stock assessment reports (SAR).
\B\ The ensonified area for the offshore stock is for greater than 20 m water depth includes all the lease area
and portions of the ECR.
\C\ The ensonified area for the migratory coastal stock is only the areas of less than 20 m water depth (found
only in portions of the ECR).
\D\ These each represent 50 percent of a generic seal density value.
\E\ This abundance estimate is based on the total stock abundance (including animals in Canada). The NMFS stock
abundance estimate for U.S. population is 27,911.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in the IHA are identical to those included in the Federal
Register notice announcing the issuance of the initial IHA (88 FR
47846, July 25, 2023) and the discussion of the least practicable
adverse impact determination included in that document remains
applicable and accurate. The following measures required in this
renewal IHA:
<bullet> Protected Species Observers (PSO): A minimum of one visual
PSO must be on duty on each source vessel and conducting visual
observations at all times during daylight hours (i.e., from 30 minutes
(min) prior to sunrise through 30 min following sunset). A minimum of
two PSOs must be on duty on each source vessel during nighttime hours;
<bullet> Pre-Start Clearance Protocols: Prior to activating sparker
systems, IWO must implement a 30-minute pre-start clearance observation
period. If any marine mammals are detected within the shutdown zones
prior to or during ramp-up, the sparker system equipment must be
shutdown (as described above). Pre-start clearance is waived for
certain genera of small delphinids and pinnipeds;
<bullet> Ramp-up: A ramp-up procedure must be used for the
activation of sparker systems by gradually increasing source levels at
the start or re-start of survey activities (when technically feasible);
<bullet> Shutdown Zones: If a sparker system is active and a marine
mammal is observed within or entering a relevant shutdown zone, an
immediate shutdown of the sparker system equipment is required.
Shutdown requirements are waived for certain genera of small delphinids
and pinnipeds;
<bullet> Vessel strike avoidance measures: Minimum separation
distances must be maintained for marine mammals (500 m for North
Atlantic right whales, baleen whales (except humpback and minke), sperm
whales, and unidentified large whales; 100 m for humpback and minke
whales; 50 m for all other marine mammals); restricted vessel speeds
and operational maneuvers; and
<bullet> Reporting: IWO must submit a marine mammal monitoring
report within 90 days of completion of the surveys.
Determinations
NMFS is authorizing the incidental take of small numbers of marine
mammals from specified activities identical to those analyzed in the
initial IHA and is requiring identical mitigation, monitoring, and
reporting measures as those specified in the initial IHA. The number of
takes by Level B harassment authorized is equal to that authorized in
the initial IHA. In the initial IHA, NMFS determined that IWO's
specified activities would have a negligible impact on the affected
species and/or stocks and the authorized take for each stock would be
small relative to individual stock abundance (less than one third).
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. This includes consideration of the estimated abundance of
seven stocks decreasing/increasing slightly. Specifically, NMFS is
authorizing six takes of North Atlantic right whales by Level B
harassment only, and the impacts resulting from the project's
activities are neither reasonably expected nor reasonably likely to
adversely affect the stock through effects on annual rates of
recruitment or survival. Additionally, approximately 1.76 percent of
the stock abundance is authorized for take by Level B harassment.
Based on the information and analysis contained here and in the
referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the authorized takes represent small
numbers of marine mammals relative to the affected stock abundances;
(4) IWO's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no
[[Page 68600]]
relevant subsistence uses of marine mammals are implicated by this
action, and; (5) appropriate monitoring and reporting requirements are
included.
National Environmental Policy Act
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review. NMFS has determined that the application of this categorical
exclusion remains appropriate for this renewal IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) requires that each Federal agency insure that any action
it authorizes, funds, or carries out is not likely to jeopardize the
continued existence of any endangered or threatened species or result
in the destruction or adverse modification of designated critical
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS
consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS' Office of Protected Resources has authorized take of four
species of marine mammals that are listed under the ESA (i.e., North
Atlantic Right Whale, fin whale, sei whale, and sperm whale) and has
determined these activities fall within the scope of activities
analyzed in the NMFS GARFO programmatic consultation regarding
geophysical surveys along the U.S. Atlantic coast in the three Atlantic
Renewable Energy Regions (completed June 29, 2021; revised September
2021). The Renewal IHA neither provides new information about the
effects of the action nor change the extent of effects of the action or
any other basis to require reinitiation of consultation with NMFS
GARFO. Therefore, the ESA consultation has been satisfied for the
initial IHA and remains valid for the Renewal IHA.
Renewal IHA
NMFS has issued a renewal IHA to IWO for conducting marine site
characterization with HRG surveys off the coast of New York and New
Jersey in the New York Bight in BOEM Lease Area OCS-A 0542 and the
associated Export ECR Area from August 21, 2024 through July 30, 2025.
Dated: August 22, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-19219 Filed 8-26-24; 8:45 am]
BILLING CODE 3510-22-P
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</html>Indexed from Federal Register on August 27, 2024.
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