Notice2024-29574
Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction of the Vineyard Northeast Offshore Wind Project Offshore of Massachusetts and Connecticut
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 17, 2024
Issuing agencies
Commerce DepartmentNational Oceanic and Atmospheric Administration
Abstract
NMFS has received a request from Vineyard Northeast, LLC (Vineyard Northeast), for authorization to take small numbers of marine mammals incidental to the development of the Vineyard Northeast Offshore Wind Project (Project) in the Bureau of Ocean Energy Management (BOEM) Commercial Lease on the Outer Continental Shelf OCS- A-0522 off of Massachusetts (MA) and Connecticut (CT) over the course of 5 years beginning on January 1, 2028. Pursuant to regulations implementing the Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of Vineyard Northeast's request for regulations governing the incidental taking of marine mammals and associated Letter of Authorization (LOA). NMFS invites the public to provide information, suggestions, and comments on Vineyard Northeast's application and request.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 242 (Tuesday, December 17, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 242 (Tuesday, December 17, 2024)]
[Notices]
[Pages 102115-102116]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-29574]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE417]
Taking and Importing Marine Mammals; Taking Marine Mammals
Incidental to Construction of the Vineyard Northeast Offshore Wind
Project Offshore of Massachusetts and Connecticut
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; receipt of application for letter of authorization;
request for comments and information.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Vineyard Northeast, LLC
(Vineyard Northeast), for authorization to take small numbers of marine
mammals incidental to the development of the Vineyard Northeast
Offshore Wind Project (Project) in the Bureau of Ocean Energy
Management (BOEM) Commercial Lease on the Outer Continental Shelf OCS-
A-0522 off of Massachusetts (MA) and Connecticut (CT) over the course
of 5 years beginning on January 1, 2028. Pursuant to regulations
implementing the Marine Mammal Protection Act (MMPA), NMFS is
announcing receipt of Vineyard Northeast's request for regulations
governing the incidental taking of marine mammals and associated Letter
of Authorization (LOA). NMFS invites the public to provide information,
suggestions, and comments on Vineyard Northeast's application and
request.
DATES: Comments and information must be received no later than January
16, 2025.
ADDRESSES: Comments on the applications should be addressed to Jolie
Harrison, Chief, Permits and Conservation Division, Office of Protected
Resources, National Marine Fisheries Service. Physical comments should
be sent to 1315 East-West Highway, Silver Spring, Maryland 20910 and
electronic comments should be sent to <a href="/cdn-cgi/l/email-protection#6a233e3a441e0b130605182a04050b0b440d051c"><span class="__cf_email__" data-cfemail="5a130e0a742e3b233635281a34353b3b743d352c">[email protected]</span></a>.
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at <a href="https://www.fisheries.noaa.gov/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> 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.
An electronic copy of Vineyard Northeast's application may be
obtained online at: <a href="https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable">https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable</a>. In case of problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
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 issued or, if
the taking is limited to harassment, a notice of a proposed
authorization is provided to the public for review.
An incidental take authorization shall be granted if NMFS finds
that the taking
[[Page 102116]]
will have a negligible impact on the species or stock(s), will not have
an unmitigable adverse impact on the availability of the species or
stock(s) for subsistence uses (where relevant), and if the permissible
methods of taking and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as: any act of pursuit, torment, or
annoyance, which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On May 24, 2024, NMFS received an application from Vineyard
Northeast requesting authorization to take marine mammals incidental to
the development of the Project in the BOEM Lease Area OCS-A-0522 off of
MA and CT. In response to our comments, and following an extensive
information exchange with NMFS, Vineyard Northeast submitted a final
revised application on November 18, 2024, which we deemed adequate and
complete on November 18, 2024. Vineyard Northeast requests the
regulations and subsequent Letter of Authorization (LOA) be valid for 5
years, beginning on January 1, 2028.
Vineyard Northeast has proposed to construct the Project (comprised
of two sub-projects: Project 1 and Project 2) using impact and
vibratory pile driving of wind turbine generators (WTG) foundations,
impact pile driving of electrical service platform (ESP) foundations
and a booster station, vibratory installation and removal of cofferdams
at cable landfall sites, detonation of unexploded ordinances (UXOs),
site characterization surveys, seabed preparation and scour protection
application, and inter-array and export cable trenching, laying, and
burial. Vessels would be used to transport crew, supplies, and
materials to the project area to support construction. Vineyard
Northeast has determined that a subset of these activities (i.e.,
installing piles using impact and vibratory pile driving, vibratory
installation and removal of cofferdams, site characterization surveys,
and potential UXO detonation) may result in the take, by Level A
harassment and/or Level B harassment, of marine mammals. Therefore,
Vineyard Northeast requests authorization to incidentally take marine
mammals. Take by mortality or serious injury of any marine mammal or
take by Level A harassment of North Atlantic right whales is not
requested.
Specified Activities
Vineyard Northeast proposes to develop, construct, and operate an
offshore wind energy facility in the BOEM Lease Area OCS-A-0522 along
with associated offshore and onshore transmission systems. The purpose
of this facility would be to generate renewable electricity to meet the
demand expressed by northeastern states and other users in order to
achieve renewable energy and carbon emission reduction goals. The Lease
Area is located within the southeastern portion of the MA Wind Energy
Area and is approximately 46 kilometers (29 miles) from Nantucket.
Offshore export cable corridors (OECC) would connect the Lease Area to
landfall sites in MA and CT. Vineyard Northeast has divided the Lease
Area into Project 1 (northeastern portion) and Project 2 (southwestern
portion), as well as proposed two potential construction schedules
consisting of a 2-year (Schedule A: 2030-2031) or 4-year (Schedule B:
2029-2032) timeline. The Project would consist of up to 160 wind
turbine generator and electrical service platform positions within the
Lease Area, and up to 4 offshore export cable bundles with 2 cable
bundles making landfall in MA and 2 cable bundles making landfall in
CT. If high voltage alternating current (HVAC) cables are used,
Vineyard Northeast may install a booster station along the MA OECC in
the northwestern portion of Lease Area OCS-A-0534 to increase
efficiency of electrical transmission.
Vineyard Northeast anticipates the following activities may
potentially result in the harassment of marine mammals during the
effective period of the requested regulations and associated LOA:
<bullet> Installing up to 159 WTG monopile and/or piled jacket
foundations with a maximum diameter of 14 meters (m) using a 6,600 or
8,000 kilojoules (kJ) impact hammer, vibratory hammer, and potential
drilling;
<bullet> Installing up to three ESP foundations and one booster
station foundation using piled jacket foundations comprised of 4.25 m
pin piles driven with a 3,500 kJ impact hammer;
<bullet> Installing and removing up to 5 cofferdams comprised of
sheet piles using a vibratory hammer;
<bullet> Using HRG equipment to survey the Lease Area over 64 days;
and
<bullet> Potential detonation of up to 10 UXOs.
Information Solicited
Interested persons may submit information, suggestions, and
comments concerning Vineyard Northeast's request (see ADDRESSES). NMFS
will consider all information, suggestions, and comments related to the
request during the development of proposed regulations governing the
incidental taking of marine mammals by Vineyard Northeast, if
appropriate.
Dated: December 11, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-29574 Filed 12-16-24; 8:45 am]
BILLING CODE 3510-22-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on December 17, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.