Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Construction of the Block Island Wind Farm, 53409-53421 [2014-21417]
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Notices
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Willie E. May,
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[FR Doc. 2014–21412 Filed 9–8–14; 8:45 am]
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AGENCY:
Notice is hereby given of a
meeting of the Sanctuary System
Business Advisory Council (Council).
The meeting is open to the public, and
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DATES: The meeting will be held
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ADDRESSES: The meeting will be held in
the Knott Harbor View Room of the
National Aquarium, 501 East Pratt
Street, Baltimore, MD 21202.
FOR FURTHER INFORMATION CONTACT:
Rebecca Holyoke, Office of National
Marine Sanctuaries, 1305 East-West
Highway, Silver Spring, Maryland
20910. (Phone: 301–713–7264, Fax:
301–713–0404; email: rebecca.holyoke@
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Huron to American Samoa. National
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SUMMARY:
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53409
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Daniel J. Basta,
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National Oceanic and Atmospheric
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[FR Doc. 2014–21536 Filed 9–8–14; 8:45 am]
BILLING CODE 3510–NK–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XD163
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Construction of
the Block Island Wind Farm
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
In accordance with
regulations implementing the Marine
Mammal Protection Act (MMPA),
notification is hereby given that NMFS
has issued an Incidental Harassment
Authorization (IHA) to Deepwater Wind
Block Island, LLC (DWBI) to take marine
mammals, by harassment, incidental to
construction of the Block Island Wind
Farm.
DATES: Effective October 31, 2014,
through October 30, 2015. A copy of the
IHA and application are available by
SUMMARY:
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writing to Jolie Harrison, Supervisor,
Incidental Take Program, Permits and
Conservation Division, Office of
Protected Resources, National Marine
Fisheries Service, 1315 East-West
Highway, Silver Spring, MD 20910.
An electronic copy of the application
and a list of references used in this
document may be obtained by visiting
the internet at: https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm#applications. NMFS
prepared an Environmental Assessment
(EA) and Finding of No Significant
Impact (FONSI) in August 2014, which
are available at the same internet
address. Documents cited in this notice
may be viewed, by appointment, during
regular business hours, at the
aforementioned address.
FOR FURTHER INFORMATION CONTACT: John
Fiorentino, Office of Protected
Resources, NMFS, (301) 427–8477.
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 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 authorization for incidental
takings shall be granted if NMFS finds
that the taking 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.’’
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 March 11, 2013, NMFS received
an application from DWBI for the taking
of marine mammals incidental to
construction of the Block Island Wind
Farm. The application went through a
series of revisions and the final version
was submitted on October 17, 2013.
NMFS determined that the application
was adequate and complete on
December 2, 2013.
DWBI plans to develop the Block
Island Wind Farm (BIWF), a 30megawatt offshore wind farm. The
planned activity could begin in late
2014 and last through late 2015;
however, portions of the project will
only occur for short, sporadic periods of
time over the 1-year period. The
following specific aspects of the
planned activities are likely to result in
the take of marine mammals: impact
pile driving and the use of dynamically
positioned (DP) vessel thrusters. Take,
by Level B Harassment only, of
individuals of nine species is
anticipated to result from the specified
activity.
Description of the Specified Activity
Overview
The BIWF will consist of five, 6megawatt wind turbine generators
(WTGs), a submarine cable
interconnecting the WTGs, and a
transmission cable. Construction of the
BIWF will involve the following
activities: cable landfall construction on
Block Island via a short-distance
horizontal directional drill (HDD) from
an excavated trench box located on
Crescent Beach, Block Island; jacket
foundation installation; inter-array and
export cable installation; and WTG
installation. Installation of the jacket
foundation will require impact pile
driving. The generation of underwater
noise from impact pile driving and the
DP vessel thruster may result in the
incidental take of marine mammals.
In connection with the BIWF,
Deepwater Wind Block Island
Transmission System, LLC (a different
applicant) plans to construct the Block
Island Transmission System, a bidirectional submarine transmission
cable that will run from Block Island to
the Rhode Island mainland. Incidental
take of marine mammals resulting from
construction of the Block Island
Transmission System will be assessed
separately.
Dates and Duration
Construction activities could begin in
late 2014 and are scheduled to be
complete by December 2015. The
anticipated project work windows are
provided in Table 1.
TABLE 1—ANTICIPATED PROJECT WORK WINDOWS
Activity
Anticipated work window
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Contracting, mobilization, and verification .............................................................
Onshore short-distance HDD installation ...............................................................
Onshore/offshore long-distance HDD installation ..................................................
Onshore cable installation ......................................................................................
Offshore cable installation ......................................................................................
Landfall demobilization and remediation ................................................................
Foundation fabrication and transportation .............................................................
WTG jacket foundation—non-pile driving activity ..................................................
WTG jacket foundation—pile driving ......................................................................
WTG installation and commissioning .....................................................................
NMFS proposed to issue an
authorization effective October 31, 2014
through October 30, 2015, based on the
anticipated work windows for in-water
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January 2014–December 2014.
December 2014–June 2015.
January 2015–June 2015.
October 2014–May 2015.
April 2015–August 2015.
May 2015–June 2015.
October 2015–September 2015.
April 2015–July 2015 or August 2015–October 2015.
May 2015–July 2015 or August 2015–October 2015.
July 2015–December 2015.
construction that could result in the
incidental take of marine mammals.
While project activities may occur for 1
year, in-water pile driving is only
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expected to occur for up to 20 days (4
days for each WTG). Use of the DP
vessel thruster during cable installation
activities is expected to occur for 28
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days maximum. Impact pile driving will
occur during daylight hours only,
starting approximately 30 minutes after
dawn and ending 30 minutes prior to
dusk, unless a situation arises where
stopping pile driving will compromise
safety (either human health or
environmental) and/or the integrity of
the project. Cable installation (and
subsequent use of the DP vessel
thruster) will be conducted 24 hours per
day.
Specified Geographic Region
The offshore components of the BIWF
will be located in state territorial waters.
Construction staging and laydown for
offshore construction is planned to
occur at the Quonset Point port facility
in North Kingstown, Rhode Island. The
WTGs will be located on average of
about 4.8 kilometers (km) southeast of
Block Island, and about 25.7 km south
of the Rhode Island mainland. The
WTGs will be arranged in a radial
configuration spaced about 0.8 km
apart. The inter-array cable will connect
the five WTGs for a total length of 3.2
km from the northernmost WTG to the
southernmost WTG (Figure 1.2–1 of
DWBI’s application). Water depths
along the WTG array and inter-array
cable range up to 23.3 meters (m).
The submarine portions of the export
cable will be installed by a jet plow
supported by a DP vessel. The export
cable will originate at the northernmost
WTG and travel 10 km to a manhole on
Block Island. Water depths along the
export cable submarine route range up
to 36.9 m. Terrestrial cables, an
interconnection switchyard, and other
ancillary facilities associated with the
BIWF will be located in the town of
New Shoreham in Washington County,
Rhode Island.
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Detailed Description of Activities
The following sections provide
additional details associated with each
portion of the BIWF construction.
1. Landfall Construction
On Block Island, DWBI plans to bring
the export cable ashore via a shortdistance HDD. DWBI will use the shortdistance HDD to install either a steel or
high density polyethylene conduit for
the cable under the beach. The
excavated trench on Crescent Beach will
be approximately 2 to 3 m wide, 4 m
deep, and 11 m long. Spoils from the
trench excavation will be stored on the
respective beach and returned to the
trench after cable installation. The HDD
will enter through the shore side of the
excavated trench and the cable conduit
will be installed between the trench and
the manhole. The export cable will then
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be pulled from the excavated trench into
the respective manhole through the
newly installed conduit. Sheet piling
installations will occur at low tide.
The coupling of land-based vibrations
and nearshore sounds into the
underwater acoustic field is not well
understood and cannot be accurately
predicted using current models.
However, because the excavation for the
cable trench and the HDD installation
on the beach will occur onshore and
because sand is generally a very poor
conductor of vibrations, NMFS
considers it unlikely that the
underwater noise generated from either
of these installations will result in
harassment of marine mammals.
A jet plow, supported by a DP cable
installation barge, will be used to install
the export cable below the seabed. The
jet plow will be positioned over the
trench at the mean low water mark on
Crescent Beach and be pulled from
shore by the cable installation barge.
2. Jacket Foundation Installation
Offshore installation of the WTG
jacket foundations will be carried out
from a derrick barge moored to the
seabed. Each jacket foundation will be
lifted from the derrick barge, placed
onto the seafloor, leveled, and made
ready for piling. The piles will then be
inserted above sea level into each corner
of the jacket foundation in two
segments. First, the lead sections of the
piles will be inserted into the jacket
foundation legs and then driven into the
seafloor. Then, the second length of the
piles will be placed on the lead pile
section and welded into place. The
jacket foundation piles will then be
driven into the seafloor to the final
penetration design depth or until
refusal, whichever comes first. DWBI
anticipates a final pile depth of up to
76.2 m. For the purpose of analysis,
DWBI assumes that impact pile driving
will start with a 200 kilojoule (kJ) rated
hydraulic hammer, followed by a 600 kJ
rated hammer to reach final design
penetration. A 1,000-kilowatt unit will
power the hammers. Changing out the
hammers from 200 to 600 kJ will be
required once the driving forces become
ineffective, and will take about 30 to 60
minutes to complete, during which time
impact pile driving will cease. Once pile
driving is complete, the top of the piles
will be welded to the jacket foundation
legs using shear plates and cut to allow
for horizontal placement of the WTG
transition deck. Finally, the boat
landing and transition decks will be
welded into place.
Pile driving activities will occur
during daylight hours only, unless a
situation arises where stopping pile
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driving will compromise safety (either
human health or environmental) and/or
the integrity of the project. Installation
of each jacket foundation will require 7
days to complete; the duration of pile
driving within this timeframe is
anticipated to be 4 days for each jacket
foundation. The jacket foundations will
be installed one at a time at each WTG
location for a total of 5 weeks assuming
no delays due to weather or other
circumstances.
3. Offshore Cable Installation
DWBI will use a jet plow, supported
by a DP cable installation barge, to
install the export cable and inter-array
cable below the seabed. The jet plow
will be positioned over the trench and
pulled from shore by the cable
installation vessel. The jet plow will
likely be a rubber-tired or skid-mounted
plow with a maximum width of about
4.6 m, and pulled along the seafloor
behind the cable-laying barge with
assistance of a non-DP material barge.
High-pressure water from vesselmounted pumps will be injected into
the sediments through nozzles situated
along the plow, causing the sediments
to temporarily fluidize and create a
liquefied trench. DWBI anticipates a
temporary trench width of up to 1.5 m.
As the plow is pulled along the route
behind the barge, the cable will be laid
into the temporary, liquefied trench
through the back of the plow. The
trench will be backfilled by the water
current and the natural settlement of the
suspended material. Umbilical cords
will connect the submerged jet plow to
control equipment on the vessel to
allow the operators to monitor and
control the installation process and
make adjustments to the speed and
alignment as the installation proceeds
across the water.
The export cable and inter-array cable
will be buried to a target depth of 1.8
m beneath the seafloor. The actual
burial depth depends on substrate
encountered along the route and could
vary from 1.2 to 2.4 m. If less than 1.2
m burial is achieved, DWBI may elect to
install additional protection, such as
concrete matting or rock piles. At each
of the WTGs, the inter-array cable will
be pulled into the jacket foundation
through J-tubes installed on the sides of
the jacket foundations. At the J-tubes,
additional cable armoring such as sand
bags and/or rocks will be used to protect
the inter-array cable.
A DP vessel will be used during cable
installation in order to maintain precise
coordinates. DP systems maintain their
precise coordinates in waters through
the use of automatic controls. These
control systems use variable levels of
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power to counter forces from current
and wind. During cable-lay activities,
DWBI expects that a reduced 50 percent
power level will be used by DP vessels.
DWBI modeled scenarios using a source
level of 180 dB re 1 micro Pascal for the
DP vessel thruster, assuming water
depths of 7, 10, 20, and 40 m, and
thruster power of 50 percent. Detailed
information on the acoustic modeling
for this source is provided in Appendix
A of DWBI’s application (see
ADDRESSES).
Depending on bottom conditions,
weather, and other factors, installation
of the export cable and inter-array cable
is expected to take 2 to 4 weeks. This
schedule assumes a 24-hour work
window with no delays due to weather
or other circumstances.
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4. WTG Installation
The WTGs will be installed upon
completion of the jacket foundations
and the pull-in of the inter-array cable.
The WTGs will be transported by a
transportation barge to the BIWF from a
temporary storage facility on the
mainland. The transportation barge will
set up at the installation site adjacent to
a jack-up material barge. The jack-up
barge legs will be lowered to the
seafloor to provide a level work surface
and begin the WTG installation. The
WTGs will be installed in sections with
the lower tower section lifted onto the
transition deck followed by the upper
tower section.
Installation of each WTG will require
2 days to complete, assuming a 24-hour
work window and no delays due to
weather or other circumstances. None of
the activities associated with
installation of the WTGs is expected to
result in the harassment of marine
mammals.
Comments and Responses
A proposed IHA and request for
public comments was published in the
Federal Register on March 25, 2014 (79
FR 16301). During the 30-day public
comment period, NMFS only received
comments from the Marine Mammal
Commission (Commission). The
Commission’s comments are
summarized and addressed below. All
comments have been compiled and
posted at https://www.nmfs.noaa.gov/pr/
permits/incidental.htm#applications.
Comment 1: The Commission
recommended that NMFS require DWBI
to provide information regarding the
data and assumptions used to derive
cetacean density estimates.
Response: As stated in section 6 of
their application (see ADDRESSES), DWBI
used sightings per unit effort (SPUE)
reported in Kenney and Vigness-Raposa
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(2009) to derive density estimates for
cetacean species in the project area.
SPUE is derived by using a measure of
survey effort and number of individual
cetaceans sighted. SPUE allows for
comparison between discrete units of
time (i.e., seasons) and space within a
project area. SPUE calculated by Kenney
and Vigness-Raposa (2009) was derived
from a number of sources, all of which
are referenced in the application.
Comment 2: The Commission
recommended that NMFS require DWBI
to address apparent inconsistencies in
marine mammal species density
estimates between different BIWF
activities (impact pile driving and DP
vessel thruster use) and in the density
estimates for some marine mammal
species for this project with those for
the related Block Island Transmission
System (BITS) project.
Response: The proposed activity for
construction of the BIWF could begin in
late 2014 and last through late 2015;
however, portions of the project will
only occur for short, sporadic periods of
times over the 1-year period. Therefore
the estimates of take of marine
mammals were calculated based on
density estimates during the predicted
seasons within which the specific BIWF
activity will occur. The estimates of take
for the BITS were also based on the
density estimates during the predicted
season of the proposed activity. In
addition, the location of activities for
the BIWF are further offshore and to the
south of activities as described for the
BITS. Density estimates, as reported by
Kenney and Vigness-Raposa (2009), are
temporally and spatially variable.
Therefore, the maximum seasonal
densities within the project areas differ
given the specific location and time of
year of the activity described.
Comment 3: The Commission
recommended that NMFS include in
each Federal Register notice for
proposed incidental harassment
authorizations a sufficiently detailed
description of the status and
distribution of the species of marine
mammals likely to be affected by the
proposed activities to allow the public
to review and comment on the proposed
authorization as a stand-alone
document.
Response: As required by regulation,
section 4 of DWBI’s application
included a detailed description of the
status, distribution, and seasonal
distribution of the affected species or
stocks of marine animals likely to be
affected by such activities (see
ADDRESSES). As such, the DWBI
application was referenced accordingly
in the FR notice for the proposed IHA
and request for public comments (79 FR
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16301, March 25, 2014). Further, the
internet Web site for the NMFS Marine
Mammal Stock Assessment Reports,
which contain information on the
biology and local distribution of species
potentially affected by this project, was
provided in the FR notice for the
proposed IHA.
Comment 4: The Commission
recommended that NMFS require DWBI
to provide estimated source levels
associated with HDD and jet plowing
activities, and to provide take estimates
associated with those activities.
Response: Neither HDD nor jet plow
noise were modelled for harassment
because all the noise associated with
these activities will be in-air. More
specifically, the HDD rig will be located
on land at Scarborough and Crescent
Beaches. As discussed in the FR notice
for the proposed IHA and request for
public comments (79 FR 16301, March
25, 2014), the coupling of land-based
vibrations and nearshore sounds into
the underwater acoustic field is not well
understood and cannot be accurately
predicted using current models.
However, because the HDD installation
on the beach will occur onshore and
because sand is generally a very poor
conductor of vibrations, NMFS
considers it unlikely that the
underwater noise generated from the
HDD installation will result in
harassment of marine mammals.
Regarding jet plow noise, all
compressors will be located on the
vessel itself and will not affect the
surrounding underwater environment.
Therefore, noise associated with jet
plow activities was also discounted by
NMFS as a potential source of
harassment.
Comment 5: To reduce the potential
for vessel strikes with endangered North
Atlantic right whales, the Commission
recommended that NMFS require DWBI
vessels to reduce speeds to 10 knots or
less from November 1 to April 30 in all
areas of operation.
Response: In 2008, NMFS
promulgated a regulation implementing
a mandatory 10-knot speed limit for
vessels 65 feet or greater in length in
designated seasonal management areas
(SMAs) to reduce the threat of ship
collisions with right whales (see 50 CFR
224.105). The SMAs were established to
provide protection for right whales, and
the timing, duration, and geographic
extent of the speed restrictions were
specifically designed to reflect right
whale movement, distribution, and
aggregation patterns. The vessel speed
restriction is in effect in the midAtlantic SMA from November 1 through
April 30 to reduce the threat of
collisions between ships and right
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whales around their migratory route and
calving grounds.
Right whales have been observed in or
near Rhode Island during all four
seasons; however, they are most
common in the spring when they are
migrating and in the fall during their
southbound migration (Kenney and
Vigness-Raposa 2009). Portions of the
BIWF project area are located within the
Mid-Atlantic SMA; thus, to minimize
the potential for vessel collision with
right whales and other marine mammal
species all DWBI vessels associated with
the BIWF construction, regardless of
their length, will operate at speeds of 10
knots or less from the November 1 to
April 30 time period, regardless of
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whether they are inside or outside of the
designated SMA. In addition, all DWBI
vessels associated with the BIWF
construction will adhere to NMFS
guidelines for marine mammal ship
striking avoidance (available online at:
https://www.nmfs.noaa.gov/pr/pdfs/
education/viewing_northeast.pdf),
including maintaining a distance of at
least 1,500 feet from right whales and
having dedicated protected species
observers who will communicate with
the captain to ensure that all measures
to avoid whales are taken. NMFS
believes that the size of right whales,
their slow movements, and the amount
of time they spend at the surface will
make them extremely likely to be
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spotted by protected species observers
during construction activities within the
BIWF project area. NMFS does not
anticipate any marine mammals to be
impacted by vessel movement because
only a limited number of vessels will be
involved in construction activities and
they will move at slow speeds
throughout construction.
Description of Marine Mammals in the
Area of the Specified Activity
There are 34 marine mammal species
with possible or confirmed occurrence
in the area of the specified activity
(Table 2).
BILLING CODE 3510–22–P
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ossible or confirmed occurrence in the ro ·ect area.
Short-beaked
common
dol hin
Harbor
porpoise
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Scientific
Name
Lagenorhynchus
acutus
Del12hinus
del12his
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Phocoena
12hocoena
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Strategic
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Seasonality
Range
Abundance
Confirmed
Status
Occurrence
Year-round
North
Carolina to
Canada
23,390
Common
Common
Name
Toothed
whales
(Odontocetes)
Atlantic
Year-round
120,743
Common
Year-round
North
Carolina to
Canada
North
Carolina to
Greenland
Fmt 4703
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89,054
EN09SE14.000</GPH>
Table 2. Marine mammal s
BILLING CODE 3510–22–C
The highlighted species in Table 2 are
pelagic and/or northern species, or are
so rarely sighted that their presence in
the project area, and therefore take, is
unlikely. These species are not
considered further in this IHA notice.
The West Indian manatee is managed by
the U.S. Fish and Wildlife Service and
is also not considered further in this
IHA notice. Further information on the
biology and local distribution of these
species can be found in section 4 of
DWBI’s application (see ADDRESSES),
and the NMFS Marine Mammal Stock
Assessment Reports, which are available
online at: https://www.nmfs.noaa.gov/pr/
species/.
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Potential Effects of the Specified
Activity on Marine Mammals
The FR notice of proposed IHA (79 FR
16301, March 25, 2014) included a
summary and discussion of the ways
that the types of stressors associated
with the specified activity (i.e., impact
pile driving and use of the DP vessel
thruster) have been observed to impact
marine mammals. The ‘‘Estimated Take
by Incidental Harassment’’ 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’’ section includes the analysis
of how this specific activity will impact
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marine mammals and considers the
content of the ‘‘Potential Effects of the
Specified Activity on Marine Mammals’’
section, the ‘‘Estimated Take by
Incidental Harassment’’ section, the
‘‘Mitigation’’ section, and the
‘‘Anticipated Effects on Marine Mammal
Habitat’’ section to draw conclusions
regarding the likely impacts of this
activity on the reproductive success or
survivorship of individuals, and from
that on the affected marine mammal
populations or stocks.
Potential effects of the specified
activities on marine mammals involve
acoustic effects related to sound
produced by in-water impact pile
driving and use of DP vessel thrusters.
Detailed information on these effects
was provided in the proposed IHA (79
FR 16301, March 25, 2014) and that
information has not changed.
Anticipated Effects on Marine Mammal
Habitat
There are no feeding areas, rookeries,
or mating grounds known to be
biologically important to marine
mammals within the project area. There
is also no designated critical habitat for
any ESA-listed marine mammals.
Harbor seals haul out on Block Island
and points along Narragansett Bay, the
most important haul-out being on the
edge of New Harbor, about 2.4 km from
the proposed BIWF landfall on Block
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Island. The only consistent haul-out
locations for gray seals within the
vicinity of Rhode Island are around
Monomoy National Wildlife Refuge and
Nantucket Sound in Massachusetts
(more than 80 nautical miles from the
project area). NMFS’ regulations at 50
CFR 224.105 designated the nearshore
waters of the Mid-Atlantic Bight as the
Mid-Atlantic SMA for right whales.
Mandatory vessel speed restrictions are
in place in that SMA from November 1
through April 30 to reduce the threat of
collisions between ships and right
whales around their migratory route and
calving grounds.
The BIWF involves activities that will
disturb the seafloor and potentially
affect benthic and finfish communities.
Installation of the inter-array cable and
export cable will result in the temporary
disturbance of no more than 3.7 and
11.6 acres of seafloor, respectively.
These installation activities will also
result in temporary and localized
increases in turbidity around the project
area. DWBI may also install additional
protective armoring in areas where the
burial depth achieved is less than 1.2 m.
DWBI expects that additional protection
will be required at a maximum of 1
percent of the entire submarine cable,
resulting in a conversion of up to 0.4
acres of soft substrate to hard substrate
along the cable route. During the
installation of additional protective
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armoring at the cable crossings and as
necessary along the cable route, anchors
and anchor chains will temporarily
impact about 1.8 acres of bottom
substrate during each anchoring event.
The installation of the five WTGs will
result in a total impact of about 0.35
acres. In this area, soft substrate will be
permanently converted to hard
substrate. Construction activities
associated with the installation of the
jacket foundations and WTGs will also
result in the temporary disturbance of
28.9 acres of substrate from the
placement of jack-up barge spuds, vessel
anchors, and associated anchor sweep.
Additional disturbance is also expected
within the top few inches of substrate
from the anchor chains during
foundation installation as they rest on
the seafloor or sweep across the bottom
in response to bottom currents.
Jet-plowing and impacts from
construction vessel anchor placement
and/or sweep will cause either the
displacement or loss of benthic and
finfish resources in the immediate areas
of disturbance. This may result in a
temporary loss of forage items for
marine mammals and a temporary
reduction in the amount of benthic
habitat available for foraging marine
mammals in the immediate project area.
However, the amount of habitat affected
represents a very small percentage of the
available marine mammal foraging
habitat in the project area. Increased
underwater sound levels may
temporarily result in marine mammals
avoiding or abandoning the area.
Because of the temporary nature of
the disturbance, the availability of
similar habitat and resources in the
surrounding area, and the lack of
important or unique marine mammal
habitat, 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.
Mitigation
In order to issue an incidental take
authorization (ITA) under section
101(a)(5)(D) of the MMPA, NMFS must
set forth the permissible methods of
taking pursuant to such activity, and
other means of effecting the least
practicable impact on such species or
stock and its habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance, and on
the availability of such species or stock
for taking for certain subsistence uses
(where relevant).
Mitigation Measures
DWBI will implement the following
mitigation measures during impact pile
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driving and use of the DP vessel
thruster:
1. Marine Mammal Exclusion Zone
At the onset of pile driving when the
200 kJ impact pile driving hammer is in
use, protected species observers will
visually monitor a 200-m radius
exclusion zone around each jacket
foundation to reduce the potential for
injury of marine mammals. After
changing to the 600 kJ impact pile
driving hammer, protected species
observers will visually monitor a 600-m
radius exclusion zone. These distances
are estimated to be the respective 180dB isopleths based on DWBI’s sound
exposure model. A minimum of two
observers will be stationed aboard each
noise-producing construction support
vessel. Each observer will visually
monitor a 360-degree field of vision
from the vessel. Observers will begin
monitoring at least 30 minutes prior to
impact pile driving, continue
monitoring during impact pile driving,
and stop monitoring 30 minutes after
impact pile driving has ended. If a
marine mammal is seen approaching or
entering the relevant 180-dB isopleth
(200-m or 600-m) exclusion zones
during impact pile driving (and
following a 50 percent reduction in
energy; see ‘‘Delay and Powerdown
Procedures’’ below), DWBI will stop
impact pile driving unless it is
determined that the reduction will
compromise safety (either human health
or environmental) and/or the integrity of
the project.
2. Soft-Start Procedures
DWBI will use a soft-start (or rampup) procedure at the beginning of
impact pile driving to alert marine
mammals in the area. This procedure
will require an initial set of three strikes
from the impact hammer at 40 percent
energy with a 1-minute waiting period
between subsequent 3-strike sets. DWBI
will repeat the procedure two additional
times. DWBI will initiate a soft-start at
the beginning of each day of pile
driving, at the beginning of each pile
segment, and if pile driving stops for
more than 30 minutes. DWBI will not
initiate a soft-start if the monitoring
zone is obscured by fog, inclement
weather, poor lighting conditions, etc.
3. Delay and Powerdown Procedures
DWBI will delay impact pile driving
if a marine mammal is observed within
the relevant 180-dB isopleth exclusion
zone and until the exclusion zone is
clear of marine mammals. DWBI will
reduce impact pile driving if a marine
mammal is seen within or approaching
the 200-m or 600-m exclusion zone.
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DWBI will reduce the hammer energy
by 50 percent to a ramp-up level. If a
marine mammal continues to move
towards the sound source, DWBI will
stop impact pile driving operations until
the exclusion zone is clear of marine
mammals for at least 30 minutes.
4. DP Thruster Power Reduction
A constant tension must be
maintained during cable installation
and any significant stoppage in vessel
maneuverability during jet plow
activities will result in damage to the
cable. Therefore, during DP vessel
operations, DWBI will reduce DP
thruster power to the maximum extent
possible if a marine mammal
approaches or enters a 5-m radius from
the vessel (estimated to be the 160-dB
isopleth from the vessel). This reduction
will not be implemented at the risk of
compromising safety and/or the
integrity of the BIWF. DWBI will not
increase power until the 5-m zone is
clear of marine mammals for 30
minutes.
5. Time of Day and Weather Restrictions
DWBI will conduct impact pile
driving during daylight hours only,
starting approximately 30 minutes after
dawn and ending 30 minutes before
dusk. If a soft-start is initiated before the
onset of inclement weather, DWBI may
complete that segment of impact pile
driving. DWBI will not initiate new
impact pile driving activities until the
entire monitoring zone is visible.
6. Vessel Speed Restrictions
All DWBI vessels, regardless of length
and location, will operate at speeds of
10 knots or less from November 1
through April 30.
7. Ship Strike Avoidance
DWBI will adhere to NMFS guidelines
for marine mammal ship strike
avoidance (https://www.nmfs.noaa.gov/
pr/pdfs/education/viewing_
northeast.pdf).
Mitigation Conclusions
NMFS has carefully evaluated the
applicant’s mitigation measures and
considered a range of other measures in
the context of ensuring that NMFS
prescribes the means of effecting the
least practicable impact on the affected
marine mammal species and stocks and
their habitat. Our evaluation of potential
measures included consideration of the
following factors in relation to one
another:
• The manner in which, and the
degree to which, the successful
implementation of the measure is
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expected to minimize adverse impacts
to marine mammals;
• The proven or likely efficacy of the
specific measure to minimize adverse
impacts as planned; and
• The practicability of the measure
for applicant implementation.
Based on our evaluation of the
applicant’s proposed measures, as well
as other measures considered by NMFS,
NMFS has determined that the
mitigation measures provide the means
of effecting the least practicable impact
on marine mammals species or stocks
and their habitat, paying particular
attention to rookeries, mating grounds,
and areas of similar significance.
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Monitoring and Reporting
In order to issue an ITA 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 ITAs 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 in the action
area.
Monitoring measures prescribed by
NMFS should accomplish one or more
of the following general goals:
1. An increase in the probability of
detecting marine mammals, both within
the mitigation zone (thus allowing for
more effective implementation of the
mitigation) and in general to generate
more data to contribute to the analyses
mentioned below;
2. An increase in our understanding
of how many marine mammals are
likely to be exposed to levels of
continuous noise from use of a DP
vessel thruster that we associate with
specific adverse effects, such as
behavioral harassment, TTS, or PTS;
3. An increase in our understanding
of how marine mammals respond to
stimuli expected to result in take and
how anticipated adverse effects on
individuals (in different ways and to
varying degrees) may impact the
population, species, or stock
(specifically through effects on annual
rates of recruitment or survival) through
any of the following methods:
• Behavioral observations in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
received level, distance from source,
and other pertinent information);
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• Physiological measurements in the
presence of stimuli compared to
observations in the absence of stimuli
(need to be able to accurately predict
received level, distance from source,
and other pertinent information);
• Distribution and/or abundance
comparisons in times or areas with
concentrated stimuli versus times or
areas without stimuli;
4. An increased knowledge of the
affected species; and
5. An increase in our understanding
of the effectiveness of certain mitigation
and monitoring measures.
Monitoring Measures
DWBI submitted a marine mammal
monitoring plan as part of the IHA
application. It can be found in section
12 of their application (see ADDRESSES).
1. Visual Monitoring
DWBI will use two protected species
observers (in addition to those used for
mitigation) to visually monitor the Level
B harassment zone during all impact
pile driving. During use of the 200 kJ
impact pile driving hammer, a 3.6-km
radius will be monitored, and during
use of the 600 kJ impact pile driving
hammer, a 7-km radius (or maximum
distance visible) will be monitored.
DWBI will also use two protected
species observers to visually monitor a
5-m radius around the vessel during DP
vessel thruster use. Observers will
estimate distances to marine mammals
visually, using laser range finders, or by
using reticle binoculars during daylight
hours. During night operations (DP
vessel thruster use only), observers will
use night-vision binoculars. Observers
will record their position using handheld or vessel global positioning system
units for each sighting, vessel position
change, and any environmental change.
Each observer will scan the surrounding
area for visual indication of marine
mammal presence. Observers will be
located from the highest available
vantage point on the associated
operational platform (e.g., support
vessel, barge or tug), estimated to be at
least 6 m above the waterline.
Prior to initiation of construction
work, all crew members on barges, tugs,
and support vessels will undergo
environmental training, a component of
which will focus on the procedures for
sighting and protection of marine
mammals. DWBI will also conduct a
briefing with the construction
supervisors and crews and observers to
define chains of command, discuss
communication procedures, provide an
overview of the monitoring purposes,
and review operational procedures. The
DWBI Construction Compliance
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Manager (or other authorized
individual) will have the authority to
stop or delay impact pile driving
activities if deemed necessary.
2. Acoustic Field Verification
DWBI will conduct field verification
of the estimated 200-m and 600-m
exclusion zones during impact pile
driving to determine whether the
proposed distances correspond
accurately to the relevant isopleths.
DWBI will take acoustic
measurements during impact pile
driving of the last half (deepest pile
segment) for any given open-water pile
and will also measure from two
reference locations at two water depths
(a depth at mid-water and at about 1 m
above the seafloor). If the field
measurements determine that the actual
Level A (180-dB isopleth) and Level B
(160-dB isopleth) harassment zones are
less than or beyond the proposed
distances, a new zone shall be
established accordingly. DWBI will
notify NMFS and the USACE within 24
hours if a new marine mammal
exclusion zone is established that
extends beyond the proposed 200-m or
600-m distances. Implementation of a
smaller zone will be contingent on
NMFS’ review and will not be used
until NMFS approves the change.
DWBI will also perform field
verification of the 160-dB isopleth
associated with DP vessel thruster use
during cable installation. DWBI will
take acoustic measurements from two
reference locations at two water depths
(a depth at mid-water and at about 1 m
above the seafloor). Similar to field
verification during impact pile driving,
the DP thruster power reduction zone
may be modified as necessary.
Reporting Measures
Observers will record dates and
locations of construction operations;
times of observations; location and
weather; details of marine mammal
sightings (e.g., species, age, numbers,
behavior); and details of any observed
take.
DWBI will provide the following
notifications and reports during
construction activities:
• Notification to NMFS and the U.S.
Army Corps of Engineers (USACE)
within 24-hours of beginning
construction activities and again within
24-hours of completion;
• Detailed report of field-verification
measurements within 7 days of
completion (including: sound levels,
durations, spectral characteristics, DP
thruster use, etc.) and notification to
NMFS and the USACE within 24-hours
if a new zone is established;
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• Notification to NMFS and USACE
within 24-hours if field verification
measurements suggest a larger marine
mammal exclusion zone;
• Final technical report to NMFS and
the USACE within 120 days of
completion of the specified activity
documenting methods and monitoring
protocols, mitigation implementation,
marine mammal observations, other
results, and discussion of mitigation
effectiveness.
In the unanticipated event that the
specified activity clearly causes the take
of a marine mammal in a manner not
permitted by the authorization (if
issued), such as an injury, serious
injury, or mortality (e.g., ship-strike,
gear interaction, and/or entanglement),
DWBI shall immediately cease the
specified activities and immediately
report the incident to the Incidental
Take Program Supervisor, Permits and
Conservation Division, Office of
Protected Resources, NMFS, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
John.Fiorentino@noaa.gov and the
Greater Atlantic Region Stranding
Coordinator at 978–281–9300
(Mendy.Garron@noaa.gov). The report
must include the following information:
• Time, date, and location (latitude/
longitude) of the incident;
• Name and type of vessel involved;
• Vessel’s speed during and leading
up to the incident;
• Description of the incident;
• Status of all sound source use in the
24 hours preceding the incident;
• Water depth;
• Environmental conditions (e.g.,
wind speed and direction, Beaufort sea
state, cloud cover, and visibility);
• Description of all marine mammal
observations in the 24 hours preceding
the incident;
• Species identification or
description of the animal(s) involved;
• Fate of the animal(s); and
• Photographs or video footage of the
animal(s) (if equipment is available).
DWBI shall not resume its activities
until we are able to review the
circumstances of the prohibited take.
We will work with DWBI to determine
what is necessary to minimize the
likelihood of further prohibited take and
ensure MMPA compliance. DWBI may
not resume their activities until notified
by us via letter, email, or telephone.
In the event that DWBI discovers an
injured or dead marine mammal, and
the lead visual observer determines that
the cause of the injury or death is
unknown and the death is relatively
recent (i.e., in less than a moderate state
of decomposition), DWBI shall
immediately report the incident to the
Incidental Take Program Supervisor,
Permits and Conservation Division,
Office of Protected Resources, at 301–
427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
John.Fiorentino@noaa.gov and the
Greater Atlantic Region Stranding
Coordinator at 978–281–9300
(Mendy.Garron@noaa.gov). The report
must include the same information
identified in the paragraph above this
section. Activities may continue while
we review the circumstances of the
incident. We will work with DWBI to
determine whether modifications in the
activities are appropriate.
In the event that DWBI discovers an
injured or dead marine mammal, and
the lead visual observer determines that
the injury or death is not associated
with or related to the authorized
activities (e.g., previously wounded
animal, carcass with moderate to
advanced decomposition, or scavenger
damage), DWBI will report the incident
to the Incidental Take Program
Supervisor, Permits and Conservation
Division, Office of Protected Resources,
at 301–427–8401 and/or by email to
Jolie.Harrison@noaa.gov and
John.Fiorentino@noaa.gov and the
Greater Atlantic Region Stranding
Coordinator at 978–281–9300
(Mendy.Garron@noaa.gov), within 24
hours of the discovery. DWBI will
provide photographs or video footage (if
available) or other documentation of the
stranded animal sighting to us.
Estimated Take by Incidental
Harassment
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].
Project activities that have the
potential to harass marine mammals, as
defined by the MMPA, include noise
associated with impact pile driving, and
noise associated with the use of DP
vessel thrusters during cable
installation. Harassment could take the
form of masking, temporary threshold
shift, avoidance, or other changes in
marine mammal behavior. NMFS
anticipates that impacts to marine
mammals will be in the form of
behavioral harassment and no take by
injury, serious injury, or mortality is
authorized. NMFS does not anticipate
take resulting from the movement of
vessels associated with construction
because there will be a limited number
of vessels moving at slow speeds over a
relatively shallow, nearshore area.
NMFS’ current acoustic exposure
criteria for estimating take are shown in
Table 3 below. DWBI’s modeled
distances to these acoustic exposure
criteria are shown in Table 4. Details on
the model characteristics and results are
provided in the Underwater Acoustic
Report at the end of DWBI’s application
(see ADDRESSES). DWBI and NMFS
believe that this estimate represents the
worst-case scenario and that the actual
distance to the Level B harassment
threshold may be shorter.
TABLE 3—NMFS’ CURRENT ACOUSTIC EXPOSURE CRITERIA
Non-Explosive Sound
Criterion definition
Threshold
Level A Harassment (Injury) ...........
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Criterion
Permanent Threshold Shift (PTS)
(Any level above that which is
known to cause TTS).
Behavioral Disruption (for impulse
noises).
Behavioral Disruption (for continuous, noise).
180 dB re 1 microPa-m (cetaceans)/190 dB re 1 microPa-m
(pinnipeds) root mean square (rms)
Level B Harassment ........................
Level B Harassment ........................
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160 dB re 1 microPa-m (rms)
120 dB re 1 microPa-m (rms)
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TABLE 4—DWBI’S MODELED DISTANCES TO ACOUSTIC EXPOSURE CRITERIA
Activity
Distance to level B harassment (160 or 120 dB)
Impact pile driving (hammer energy =
600 kJ).
Impact pile driving (hammer energy =
200 kJ).
DP vessel thruster use ............................
7,000 m .................................................................
600 m
3,600 m .................................................................
200 m
4,750 m .................................................................
<5 m
DWBI estimated species densities
within the project area in order to
estimate the number of marine mammal
exposures to sound levels above 120 dB
(continuous noise) or 160 dB (impulsive
noise). DWBI used sightings per unit
effort (SPUE) from Kenney and VignessRaposa (2009) for relative cetacean
abundance and the Northeast Navy
OPAREA Density Estimates (DoN, 2007)
for seal abundance. Based on multiple
reports, harbor seal abundance off the
coast of Rhode Island is thought to be
about 20 percent of the total abundance
for southern New England. Because the
seasonality and habitat use of gray seals
off the coast of Rhode Island roughly
overlaps with harbor seals, DWBI
applied this 20 percent estimate to both
pinniped species. The 2007 and 2009
density estimates relied upon for this
authorization represent the best
scientific data available. NMFS is not
aware of any efforts to collect more
recent density estimates than those
relied upon here.
Estimated takes were calculated by
multiplying the average highest species
density (per 100 km2) by the zone of
Distance to level A harassment (180/190 dB)
influence, multiplied by a correction
factor of 1.5 to account for marine
mammals underwater, multiplied by the
number of days of the specified activity.
A detailed description of the DWBI’s
model used to calculate zones of
influence is provided in the Underwater
Acoustic Report at the end of their
application (see ADDRESSES).
DWBI used a zone of influence of 89.6
km2 and a total construction period of
20 days to estimate take from impact
pile driving. This zone of influence is
based on use of the largest 600 kJ impact
hammer. Jacket foundation installation
(requiring impact pile driving) is
scheduled to occur between the months
of May through July or August through
October. DWBI used a zone of influence
of 25.1 km2 and a maximum installation
period of 28 days to estimate take from
use of the DP vessel thruster during
cable installation. The zone of influence
represents the average ensonified area
across the three representative water
depths along the cable route (10 m, 20
m, and 40 m). DWBI expects cable
installation to occur between April and
August.
To be conservative, DWBI based take
calculations on the highest seasonal
species density over which impact pile
driving and use of the DP vessel thruster
was scheduled to occur. DWBI’s
requested take numbers are provided in
Table 5 and this is also the number of
takes NMFS is authorizing. DWBI’s
calculations do not take into account
whether a single animal is harassed
multiple times or whether each
exposure is a different animal.
Therefore, the numbers in Table 5 are
the maximum number of animals that
may be harassed during impact pile
driving (i.e., DWBI assumes that each
exposure event is a different animal).
These estimates do not account for
mitigation measures that DWBI will
implement during the specified
activities.
DWBI did not request, and NMFS is
not authorizing, take from vessel strike.
We do not anticipate marine mammals
to be impacted by vessel movement
because a limited number of vessels will
be involved in construction activities
and they will move at slow speeds (10
knots or less) throughout construction.
TABLE 5—DWBI’S ESTIMATED TAKE FOR THE BIWF PROJECT
Maximum seasonal density
(per 100 km2)
Impact pile
driving
Common species name
Estimated take
by level B
harassment
DP Vessel
thruster
Atlantic white-sided dolphin .................................................
Short-beaked common dolphin ............................................
Harbor porpoise ...................................................................
Minke whale .........................................................................
Fin whale ..............................................................................
Humpback whale .................................................................
North Atlantic right whale .....................................................
Gray seal ..............................................................................
Harbor seal ..........................................................................
7.46
8.21
0.47
0.44
1.92
0.11
0.04
14.16
9.74
Maximum
seasonal
density
(per 100 km2)
Estimated take
by level B
harassment
Total
estimated take
1.23
2.59
0.74
0.14
2.15
0.11
0.06
14.16
9.74
13
28
8
2
23
2
1
30
21
214
249
21
14
75
5
3
107
74
201
221
13
12
52
3
2
77
53
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TABLE 6—SPECIES INFORMATION AND TAKE AUTHORIZED BY NMFS
Authorized
take
Common species name
Atlantic white-sided dolphin .....................................................
Short-beaked common dolphin ...............................................
Harbor porpoise .......................................................................
Minke whale ............................................................................
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Abundance of
stock
Percentage of
stock
potentially
affected
%
23,390
120,743
89,054
8,987
0.91
0.21
0.02
0.16
214
249
21
14
Fmt 4703
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E:\FR\FM\09SEN1.SGM
09SEN1
Population trend
N/A
N/A
N/A
N/A
53420
Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Notices
TABLE 6—SPECIES INFORMATION AND TAKE AUTHORIZED BY NMFS—Continued
Authorized
take
Common species name
Fin whale .................................................................................
Humpback whale .....................................................................
North Atlantic right whale ........................................................
Gray seal .................................................................................
Harbor seal ..............................................................................
tkelley on DSK3SPTVN1PROD with NOTICES
Analysis and Preliminary
Determinations
Negligible Impact
Negligible impact is ‘‘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., populationlevel effects). An estimate of the number
of Level B harassment 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 behavioral
harassment, NMFS must consider other
factors, such as the likely nature of any
responses (their intensity, duration,
etc.), the context of any responses
(critical reproductive time or location,
migration, etc.), as well as the number
and nature of estimated Level A
harassment takes, the number of
estimated mortalities, and effects on
habitat.
DWBI did not request, and NMFS is
not anticipating or authorizing, take of
marine mammals by injury, serious
injury, or mortality. NMFS expects that
take will be in the form of behavioral
harassment. Exposure to sound levels
above 160 dB during impact pile driving
will not last for more than 12 hours per
day for 20 non-consecutive days.
Exposure to sound levels above 120 dB
during use of the DP vessel thruster may
last for 24 hours per day for 28 days.
While use of the DP thruster may last for
consecutive days, the vessel will be
moving and therefore not focused on
one specific area for the entire duration.
Animals may temporarily avoid the
immediate area, but are not expected to
permanently abandon the area. Marine
mammal habitat may be impacted by
elevated sound levels and sediment
disturbance, but these impacts will be
temporary. Furthermore, there are no
feeding areas, rookeries, or mating
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Abundance of
stock
Percentage of
stock
potentially
affected
%
3,985
11,570
444
348,900
99,340
1.88
0.04
0.67
0.03
0.07
75
5
3
107
74
grounds known to be biologically
important to marine mammals within
the project area. There is also no
designated critical habitat for any ESAlisted marine mammals. The mitigation
measures are expected to reduce the
number and/or severity of takes by (1)
giving animals the opportunity to move
away from the sound source before the
pile driver reaches full energy; (2)
reducing the intensity of exposure
within a certain distance by reducing
the DP vessel thruster power; and (3)
preventing animals from being exposed
to sound levels reaching 180 dB during
impact pile driving.
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
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from DWBI’s BIWF project
is not likely to have an effect on annual
rates of recruitment or survival of the
affected species or stocks. Therefore the
take from the project will have a
negligible impact on the affected marine
mammal species or stocks.
Small Numbers
The numbers of individual animals
that may be exposed to sound levels
above 160 dB (impact pile driving) and
120 dB (DP vessel thruster) is small
relative to the affected species or stock
sizes (Table 6). The authorized take
numbers are the maximum numbers of
animals that are expected to be harassed
during the BIWF project; it is possible
that some of these exposures may occur
to the same individual. NMFS finds that
small numbers of marine mammals will
be taken relative to the populations of
the affected species or stocks.
Impact on Availability of Affected
Species for Taking for Subsistence Uses
There are no relevant subsistence uses
of marine mammals implicated by this
action. Therefore, NMFS has
determined that the total taking of
affected species or stocks will not have
an unmitigable adverse impact on the
PO 00000
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Fmt 4703
Sfmt 4703
Population trend
N/A
Increasing
Increasing
Increasing
N/A
availability of such species or stocks for
taking for subsistence purposes.
Endangered Species Act (ESA)
There are three marine mammal
species that are listed as endangered
under the ESA: Fin whale, humpback
whale, and North Atlantic right whale.
Under section 7 of the ESA, the USACE
(the federal permitting agency for the
actual BIWF construction) consulted
with NMFS on the BIWF project. NMFS
also consulted internally on the
issuance of an IHA under section
101(a)(5)(D) of the MMPA for this
activity. NMFS Northeast Region (now
known as the Greater Atlantic Region)
issued a Biological Opinion on January
30, 2014, concluding that the Block
Island Wind Farm project may adversely
affect but is not likely to jeopardize the
continued existence of fin whale,
humpback whale, or North Atlantic
right whale. The effects of the IHA on
listed marine mammal species fall
within the scope of effects analyzed in
the Biological Opinion for the Block
Island Wind Farm project. Therefore, a
new consultation is not required for
issuance of this IHA. Following the
issuance of the IHA, an incidental take
statement (ITS), with associated
reasonable and prudent measures and
terms and conditions, will be issued to
exempt any take of listed marine
mammal species from the take
prohibition in section 9 of the ESA. The
ITS will be appended to the January 30,
2014 Biological Opinion.
National Environmental Policy Act
(NEPA)
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), and NOAA
Administrative Order 216–6, NMFS
prepared an Environmental Assessment
(EA) analyzing the potential impacts of
the issuance of an IHA for the proposed
activities. The final EA was prepared in
August 2014 and NMFS made a Finding
of No Significant Impact for this action.
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Federal Register / Vol. 79, No. 174 / Tuesday, September 9, 2014 / Notices
These documents are available on our
Web site at https://www.nmfs.noaa.gov/
pr/permits/incidental.htm#applications.
Accordingly, an Environmental Impact
Statement is not required and none was
prepared.
Dated: September 4, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected
Resources, National Marine Fisheries Service.
[FR Doc. 2014–21417 Filed 9–8–14; 8:45 am]
BILLING CODE 3510–22–P
COMMODITY FUTURES TRADING
COMMISSION
Reestablishment of the Global Markets
Advisory Committee
Commodity Futures Trading
Commission.
ACTION: Notice of Global Markets
Advisory Committee reestablishment.
AGENCY:
The Commodity Futures
Trading Commission (Commission) is
publishing this notice to announce the
reestablishment of the Global Markets
Advisory Committee (GMAC). The
Commission has determined that
reestablishment of the GMAC is
necessary and in the public’s interest.
No earlier than fifteen (15) days
following the date of the publication of
this notice, the GMAC Charter will be
filed with the Commission; the Senate
Committee on Agriculture, Nutrition
and Forestry; the House Committee on
Agriculture; the Library of Congress;
and the General Services
Administration’s Committee
Management Secretariat.
ADDRESSES: Written comments should
be submitted to the attention of
Christopher Kirkpatrick, Secretary of the
Commission, either electronically to
secretary@cftc.gov or by mail to
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581. Please submit your comments
using only one method and identify that
you are commenting on the GMAC’s
reestablishment.
FOR FURTHER INFORMATION CONTACT: Ted
Serafini, GMAC Designated Federal
Officer, at 202–418–5972.
SUPPLEMENTARY INFORMATION: In
accordance with the Federal Advisory
Committee Act (FACA), 5 U.S. C. App.
II, the Commission is publishing this
notice to announce the reestablishment
of the GMAC. The Commission has
determined that the reestablishment of
the GMAC is necessary and in the
public interest. The objectives and
scope of activities of the GMAC are to
tkelley on DSK3SPTVN1PROD with NOTICES
SUMMARY:
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17:39 Sep 08, 2014
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conduct public meetings and to submit
reports and recommendations on
matters of public concern to the
exchanges, firms, market users, and the
Commission regarding the regulatory
challenges of a global marketplace. The
GMAC will help the Commission
determine how it can avoid unnecessary
regulatory or operational impediments
to global business while still preserving
core protections for customers and other
market participants. The GMAC will
also make recommendations for
appropriate international standards for
regulating futures and derivatives
markets, as well as intermediaries.
Additionally, the GMAC will assist the
Commission in assessing the impact on
U.S. markets and firms of the
Commission’s international efforts and
the initiatives of foreign regulators and
market authorities. The GMAC will also
identify methods to improve both
domestic and international regulatory
structures while continuing to allow
U.S. markets and firms to remain
competitive in the global market. The
GMAC’s objectives and activities will
allow the Commission to better promote
its mission of protecting market users
and the public from abusive practices,
and help to foster open, competitive,
and financially sound futures and
options markets. Meetings of the GMAC
are open to the public.
The GMAC will operate for two years
from the date of reestablishment unless,
before the expiration of that time period,
its charter is renewed in accordance
with section 14(b)(1) of the FACA, or
the Commission directs that the GMAC
terminate on an earlier date. A copy of
the GMAC reestablishment charter will
be filed with the Commission; the
Senate Committee on Agriculture,
Nutrition and Forestry; the House
Committee on Agriculture; the Library
of Congress; and the General Services
Administration’s Committee
Management Secretariat. A copy of the
reestablishment charter will be posted
on the Commission’s Web site at
www.cftc.gov.
Issued in Washington, DC, on September 4,
2014, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
[FR Doc. 2014–21411 Filed 9–8–14; 8:45 am]
BILLING CODE 6351–01–P
COMMODITY FUTURES TRADING
COMMISSION
Reestablishment of the Agricultural
Advisory Committee
Commodity Futures Trading
Commission.
AGENCY:
PO 00000
Frm 00016
Fmt 4703
Sfmt 4703
53421
Notice of Agricultural Advisory
Committee reestablishment.
ACTION:
The Commodity Futures
Trading Commission (Commission) is
publishing this notice to announce the
reestablishment of the Agricultural
Advisory Committee (AAC). The
Commission has determined that
reestablishment of the AAC is necessary
and in the public’s interest. No earlier
than fifteen (15) days following the date
of the publication of this notice, the
AAC Charter will be filed with the
Commission; the Senate Committee on
Agriculture, Nutrition and Forestry; the
House Committee on Agriculture; the
Library of Congress; and the General
Services Administration’s Committee
Management Secretariat.
ADDRESSES: Written comments should
be submitted to the attention of
Christopher Kirkpatrick, Secretary of the
Commission, either electronically to
secretary@cftc.gov or by mail to
Commodity Futures Trading
Commission, Three Lafayette Centre,
1155 21st Street NW., Washington, DC
20581. Please submit your comments
using only one method and identify that
you are commenting on the AAC’s
reestablishment.
FOR FURTHER INFORMATION CONTACT:
Christa Lachenmayr, AAC Designated
Federal Officer, at 202–418–5252.
SUPPLEMENTARY INFORMATION: In
accordance with the Federal Advisory
Committee Act (FACA), 5 U.S. C. App.
II, the Commission is publishing this
notice to announce the reestablishment
of the AAC. The Commission has
determined that the reestablishment of
the AAC is necessary and in the public
interest. The objectives and scope of
activities of the AAC are to conduct
public meetings and submit reports and
recommendations to assist the
Commission in assessing issues
affecting agricultural producers,
processors, lenders and others
interested in or affected by the
agricultural commodity, futures, and
swaps markets. Meetings of the AAC are
open to the public.
The AAC will operate for two years
from the date of reestablishment unless,
before the expiration of that time period,
its charter is renewed in accordance
with section 14(b)(1) of the FACA, or
the Commission directs that the AAC
terminate on an earlier date. A copy of
the AAC reestablishment charter will be
filed with the Commission; the Senate
Committee on Agriculture, Nutrition
and Forestry; the House Committee on
Agriculture; the Library of Congress;
and the General Services
Administration’s Committee
SUMMARY:
E:\FR\FM\09SEN1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Pages 53409-53421]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21417]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XD163
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Construction of the Block Island
Wind Farm
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with regulations implementing the Marine Mammal
Protection Act (MMPA), notification is hereby given that NMFS has
issued an Incidental Harassment Authorization (IHA) to Deepwater Wind
Block Island, LLC (DWBI) to take marine mammals, by harassment,
incidental to construction of the Block Island Wind Farm.
DATES: Effective October 31, 2014, through October 30, 2015. A copy of
the IHA and application are available by
[[Page 53410]]
writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits
and Conservation Division, Office of Protected Resources, National
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD
20910.
An electronic copy of the application and a list of references used
in this document may be obtained by visiting the internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS prepared
an Environmental Assessment (EA) and Finding of No Significant Impact
(FONSI) in August 2014, which are available at the same internet
address. Documents cited in this notice may be viewed, by appointment,
during regular business hours, at the aforementioned address.
FOR FURTHER INFORMATION CONTACT: John Fiorentino, Office of Protected
Resources, NMFS, (301) 427-8477.
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 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 authorization for incidental takings shall be granted if NMFS
finds that the taking 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.''
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 March 11, 2013, NMFS received an application from DWBI for the
taking of marine mammals incidental to construction of the Block Island
Wind Farm. The application went through a series of revisions and the
final version was submitted on October 17, 2013. NMFS determined that
the application was adequate and complete on December 2, 2013.
DWBI plans to develop the Block Island Wind Farm (BIWF), a 30-
megawatt offshore wind farm. The planned activity could begin in late
2014 and last through late 2015; however, portions of the project will
only occur for short, sporadic periods of time over the 1-year period.
The following specific aspects of the planned activities are likely to
result in the take of marine mammals: impact pile driving and the use
of dynamically positioned (DP) vessel thrusters. Take, by Level B
Harassment only, of individuals of nine species is anticipated to
result from the specified activity.
Description of the Specified Activity
Overview
The BIWF will consist of five, 6-megawatt wind turbine generators
(WTGs), a submarine cable interconnecting the WTGs, and a transmission
cable. Construction of the BIWF will involve the following activities:
cable landfall construction on Block Island via a short-distance
horizontal directional drill (HDD) from an excavated trench box located
on Crescent Beach, Block Island; jacket foundation installation; inter-
array and export cable installation; and WTG installation. Installation
of the jacket foundation will require impact pile driving. The
generation of underwater noise from impact pile driving and the DP
vessel thruster may result in the incidental take of marine mammals.
In connection with the BIWF, Deepwater Wind Block Island
Transmission System, LLC (a different applicant) plans to construct the
Block Island Transmission System, a bi-directional submarine
transmission cable that will run from Block Island to the Rhode Island
mainland. Incidental take of marine mammals resulting from construction
of the Block Island Transmission System will be assessed separately.
Dates and Duration
Construction activities could begin in late 2014 and are scheduled
to be complete by December 2015. The anticipated project work windows
are provided in Table 1.
Table 1--Anticipated Project Work Windows
------------------------------------------------------------------------
Activity Anticipated work window
------------------------------------------------------------------------
Contracting, mobilization, and January 2014-December 2014.
verification.
Onshore short-distance HDD December 2014-June 2015.
installation.
Onshore/offshore long-distance HDD January 2015-June 2015.
installation.
Onshore cable installation............ October 2014-May 2015.
Offshore cable installation........... April 2015-August 2015.
Landfall demobilization and May 2015-June 2015.
remediation.
Foundation fabrication and October 2015-September 2015.
transportation.
WTG jacket foundation--non-pile April 2015-July 2015 or August
driving activity. 2015-October 2015.
WTG jacket foundation--pile driving... May 2015-July 2015 or August
2015-October 2015.
WTG installation and commissioning.... July 2015-December 2015.
------------------------------------------------------------------------
NMFS proposed to issue an authorization effective October 31, 2014
through October 30, 2015, based on the anticipated work windows for in-
water construction that could result in the incidental take of marine
mammals. While project activities may occur for 1 year, in-water pile
driving is only expected to occur for up to 20 days (4 days for each
WTG). Use of the DP vessel thruster during cable installation
activities is expected to occur for 28
[[Page 53411]]
days maximum. Impact pile driving will occur during daylight hours
only, starting approximately 30 minutes after dawn and ending 30
minutes prior to dusk, unless a situation arises where stopping pile
driving will compromise safety (either human health or environmental)
and/or the integrity of the project. Cable installation (and subsequent
use of the DP vessel thruster) will be conducted 24 hours per day.
Specified Geographic Region
The offshore components of the BIWF will be located in state
territorial waters. Construction staging and laydown for offshore
construction is planned to occur at the Quonset Point port facility in
North Kingstown, Rhode Island. The WTGs will be located on average of
about 4.8 kilometers (km) southeast of Block Island, and about 25.7 km
south of the Rhode Island mainland. The WTGs will be arranged in a
radial configuration spaced about 0.8 km apart. The inter-array cable
will connect the five WTGs for a total length of 3.2 km from the
northernmost WTG to the southernmost WTG (Figure 1.2-1 of DWBI's
application). Water depths along the WTG array and inter-array cable
range up to 23.3 meters (m).
The submarine portions of the export cable will be installed by a
jet plow supported by a DP vessel. The export cable will originate at
the northernmost WTG and travel 10 km to a manhole on Block Island.
Water depths along the export cable submarine route range up to 36.9 m.
Terrestrial cables, an interconnection switchyard, and other ancillary
facilities associated with the BIWF will be located in the town of New
Shoreham in Washington County, Rhode Island.
Detailed Description of Activities
The following sections provide additional details associated with
each portion of the BIWF construction.
1. Landfall Construction
On Block Island, DWBI plans to bring the export cable ashore via a
short-distance HDD. DWBI will use the short-distance HDD to install
either a steel or high density polyethylene conduit for the cable under
the beach. The excavated trench on Crescent Beach will be approximately
2 to 3 m wide, 4 m deep, and 11 m long. Spoils from the trench
excavation will be stored on the respective beach and returned to the
trench after cable installation. The HDD will enter through the shore
side of the excavated trench and the cable conduit will be installed
between the trench and the manhole. The export cable will then be
pulled from the excavated trench into the respective manhole through
the newly installed conduit. Sheet piling installations will occur at
low tide.
The coupling of land-based vibrations and nearshore sounds into the
underwater acoustic field is not well understood and cannot be
accurately predicted using current models. However, because the
excavation for the cable trench and the HDD installation on the beach
will occur onshore and because sand is generally a very poor conductor
of vibrations, NMFS considers it unlikely that the underwater noise
generated from either of these installations will result in harassment
of marine mammals.
A jet plow, supported by a DP cable installation barge, will be
used to install the export cable below the seabed. The jet plow will be
positioned over the trench at the mean low water mark on Crescent Beach
and be pulled from shore by the cable installation barge.
2. Jacket Foundation Installation
Offshore installation of the WTG jacket foundations will be carried
out from a derrick barge moored to the seabed. Each jacket foundation
will be lifted from the derrick barge, placed onto the seafloor,
leveled, and made ready for piling. The piles will then be inserted
above sea level into each corner of the jacket foundation in two
segments. First, the lead sections of the piles will be inserted into
the jacket foundation legs and then driven into the seafloor. Then, the
second length of the piles will be placed on the lead pile section and
welded into place. The jacket foundation piles will then be driven into
the seafloor to the final penetration design depth or until refusal,
whichever comes first. DWBI anticipates a final pile depth of up to
76.2 m. For the purpose of analysis, DWBI assumes that impact pile
driving will start with a 200 kilojoule (kJ) rated hydraulic hammer,
followed by a 600 kJ rated hammer to reach final design penetration. A
1,000-kilowatt unit will power the hammers. Changing out the hammers
from 200 to 600 kJ will be required once the driving forces become
ineffective, and will take about 30 to 60 minutes to complete, during
which time impact pile driving will cease. Once pile driving is
complete, the top of the piles will be welded to the jacket foundation
legs using shear plates and cut to allow for horizontal placement of
the WTG transition deck. Finally, the boat landing and transition decks
will be welded into place.
Pile driving activities will occur during daylight hours only,
unless a situation arises where stopping pile driving will compromise
safety (either human health or environmental) and/or the integrity of
the project. Installation of each jacket foundation will require 7 days
to complete; the duration of pile driving within this timeframe is
anticipated to be 4 days for each jacket foundation. The jacket
foundations will be installed one at a time at each WTG location for a
total of 5 weeks assuming no delays due to weather or other
circumstances.
3. Offshore Cable Installation
DWBI will use a jet plow, supported by a DP cable installation
barge, to install the export cable and inter-array cable below the
seabed. The jet plow will be positioned over the trench and pulled from
shore by the cable installation vessel. The jet plow will likely be a
rubber-tired or skid-mounted plow with a maximum width of about 4.6 m,
and pulled along the seafloor behind the cable-laying barge with
assistance of a non-DP material barge. High-pressure water from vessel-
mounted pumps will be injected into the sediments through nozzles
situated along the plow, causing the sediments to temporarily fluidize
and create a liquefied trench. DWBI anticipates a temporary trench
width of up to 1.5 m. As the plow is pulled along the route behind the
barge, the cable will be laid into the temporary, liquefied trench
through the back of the plow. The trench will be backfilled by the
water current and the natural settlement of the suspended material.
Umbilical cords will connect the submerged jet plow to control
equipment on the vessel to allow the operators to monitor and control
the installation process and make adjustments to the speed and
alignment as the installation proceeds across the water.
The export cable and inter-array cable will be buried to a target
depth of 1.8 m beneath the seafloor. The actual burial depth depends on
substrate encountered along the route and could vary from 1.2 to 2.4 m.
If less than 1.2 m burial is achieved, DWBI may elect to install
additional protection, such as concrete matting or rock piles. At each
of the WTGs, the inter-array cable will be pulled into the jacket
foundation through J-tubes installed on the sides of the jacket
foundations. At the J-tubes, additional cable armoring such as sand
bags and/or rocks will be used to protect the inter-array cable.
A DP vessel will be used during cable installation in order to
maintain precise coordinates. DP systems maintain their precise
coordinates in waters through the use of automatic controls. These
control systems use variable levels of
[[Page 53412]]
power to counter forces from current and wind. During cable-lay
activities, DWBI expects that a reduced 50 percent power level will be
used by DP vessels. DWBI modeled scenarios using a source level of 180
dB re 1 micro Pascal for the DP vessel thruster, assuming water depths
of 7, 10, 20, and 40 m, and thruster power of 50 percent. Detailed
information on the acoustic modeling for this source is provided in
Appendix A of DWBI's application (see ADDRESSES).
Depending on bottom conditions, weather, and other factors,
installation of the export cable and inter-array cable is expected to
take 2 to 4 weeks. This schedule assumes a 24-hour work window with no
delays due to weather or other circumstances.
4. WTG Installation
The WTGs will be installed upon completion of the jacket
foundations and the pull-in of the inter-array cable. The WTGs will be
transported by a transportation barge to the BIWF from a temporary
storage facility on the mainland. The transportation barge will set up
at the installation site adjacent to a jack-up material barge. The
jack-up barge legs will be lowered to the seafloor to provide a level
work surface and begin the WTG installation. The WTGs will be installed
in sections with the lower tower section lifted onto the transition
deck followed by the upper tower section.
Installation of each WTG will require 2 days to complete, assuming
a 24-hour work window and no delays due to weather or other
circumstances. None of the activities associated with installation of
the WTGs is expected to result in the harassment of marine mammals.
Comments and Responses
A proposed IHA and request for public comments was published in the
Federal Register on March 25, 2014 (79 FR 16301). During the 30-day
public comment period, NMFS only received comments from the Marine
Mammal Commission (Commission). The Commission's comments are
summarized and addressed below. All comments have been compiled and
posted at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
Comment 1: The Commission recommended that NMFS require DWBI to
provide information regarding the data and assumptions used to derive
cetacean density estimates.
Response: As stated in section 6 of their application (see
ADDRESSES), DWBI used sightings per unit effort (SPUE) reported in
Kenney and Vigness-Raposa (2009) to derive density estimates for
cetacean species in the project area. SPUE is derived by using a
measure of survey effort and number of individual cetaceans sighted.
SPUE allows for comparison between discrete units of time (i.e.,
seasons) and space within a project area. SPUE calculated by Kenney and
Vigness-Raposa (2009) was derived from a number of sources, all of
which are referenced in the application.
Comment 2: The Commission recommended that NMFS require DWBI to
address apparent inconsistencies in marine mammal species density
estimates between different BIWF activities (impact pile driving and DP
vessel thruster use) and in the density estimates for some marine
mammal species for this project with those for the related Block Island
Transmission System (BITS) project.
Response: The proposed activity for construction of the BIWF could
begin in late 2014 and last through late 2015; however, portions of the
project will only occur for short, sporadic periods of times over the
1-year period. Therefore the estimates of take of marine mammals were
calculated based on density estimates during the predicted seasons
within which the specific BIWF activity will occur. The estimates of
take for the BITS were also based on the density estimates during the
predicted season of the proposed activity. In addition, the location of
activities for the BIWF are further offshore and to the south of
activities as described for the BITS. Density estimates, as reported by
Kenney and Vigness-Raposa (2009), are temporally and spatially
variable. Therefore, the maximum seasonal densities within the project
areas differ given the specific location and time of year of the
activity described.
Comment 3: The Commission recommended that NMFS include in each
Federal Register notice for proposed incidental harassment
authorizations a sufficiently detailed description of the status and
distribution of the species of marine mammals likely to be affected by
the proposed activities to allow the public to review and comment on
the proposed authorization as a stand-alone document.
Response: As required by regulation, section 4 of DWBI's
application included a detailed description of the status,
distribution, and seasonal distribution of the affected species or
stocks of marine animals likely to be affected by such activities (see
ADDRESSES). As such, the DWBI application was referenced accordingly in
the FR notice for the proposed IHA and request for public comments (79
FR 16301, March 25, 2014). Further, the internet Web site for the NMFS
Marine Mammal Stock Assessment Reports, which contain information on
the biology and local distribution of species potentially affected by
this project, was provided in the FR notice for the proposed IHA.
Comment 4: The Commission recommended that NMFS require DWBI to
provide estimated source levels associated with HDD and jet plowing
activities, and to provide take estimates associated with those
activities.
Response: Neither HDD nor jet plow noise were modelled for
harassment because all the noise associated with these activities will
be in-air. More specifically, the HDD rig will be located on land at
Scarborough and Crescent Beaches. As discussed in the FR notice for the
proposed IHA and request for public comments (79 FR 16301, March 25,
2014), the coupling of land-based vibrations and nearshore sounds into
the underwater acoustic field is not well understood and cannot be
accurately predicted using current models. However, because the HDD
installation on the beach will occur onshore and because sand is
generally a very poor conductor of vibrations, NMFS considers it
unlikely that the underwater noise generated from the HDD installation
will result in harassment of marine mammals. Regarding jet plow noise,
all compressors will be located on the vessel itself and will not
affect the surrounding underwater environment. Therefore, noise
associated with jet plow activities was also discounted by NMFS as a
potential source of harassment.
Comment 5: To reduce the potential for vessel strikes with
endangered North Atlantic right whales, the Commission recommended that
NMFS require DWBI vessels to reduce speeds to 10 knots or less from
November 1 to April 30 in all areas of operation.
Response: In 2008, NMFS promulgated a regulation implementing a
mandatory 10-knot speed limit for vessels 65 feet or greater in length
in designated seasonal management areas (SMAs) to reduce the threat of
ship collisions with right whales (see 50 CFR 224.105). The SMAs were
established to provide protection for right whales, and the timing,
duration, and geographic extent of the speed restrictions were
specifically designed to reflect right whale movement, distribution,
and aggregation patterns. The vessel speed restriction is in effect in
the mid-Atlantic SMA from November 1 through April 30 to reduce the
threat of collisions between ships and right
[[Page 53413]]
whales around their migratory route and calving grounds.
Right whales have been observed in or near Rhode Island during all
four seasons; however, they are most common in the spring when they are
migrating and in the fall during their southbound migration (Kenney and
Vigness-Raposa 2009). Portions of the BIWF project area are located
within the Mid-Atlantic SMA; thus, to minimize the potential for vessel
collision with right whales and other marine mammal species all DWBI
vessels associated with the BIWF construction, regardless of their
length, will operate at speeds of 10 knots or less from the November 1
to April 30 time period, regardless of whether they are inside or
outside of the designated SMA. In addition, all DWBI vessels associated
with the BIWF construction will adhere to NMFS guidelines for marine
mammal ship striking avoidance (available online at: https://
www.nmfs.noaa.gov/pr/pdfs/education/viewingnortheast.pdf),
including maintaining a distance of at least 1,500 feet from right
whales and having dedicated protected species observers who will
communicate with the captain to ensure that all measures to avoid
whales are taken. NMFS believes that the size of right whales, their
slow movements, and the amount of time they spend at the surface will
make them extremely likely to be spotted by protected species observers
during construction activities within the BIWF project area. NMFS does
not anticipate any marine mammals to be impacted by vessel movement
because only a limited number of vessels will be involved in
construction activities and they will move at slow speeds throughout
construction.
Description of Marine Mammals in the Area of the Specified Activity
There are 34 marine mammal species with possible or confirmed
occurrence in the area of the specified activity (Table 2).
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The highlighted species in Table 2 are pelagic and/or northern
species, or are so rarely sighted that their presence in the project
area, and therefore take, is unlikely. These species are not considered
further in this IHA notice. The West Indian manatee is managed by the
U.S. Fish and Wildlife Service and is also not considered further in
this IHA notice. Further information on the biology and local
distribution of these species can be found in section 4 of DWBI's
application (see ADDRESSES), and the NMFS Marine Mammal Stock
Assessment Reports, which are available online at: https://www.nmfs.noaa.gov/pr/species/.
Potential Effects of the Specified Activity on Marine Mammals
The FR notice of proposed IHA (79 FR 16301, March 25, 2014)
included a summary and discussion of the ways that the types of
stressors associated with the specified activity (i.e., impact pile
driving and use of the DP vessel thruster) have been observed to impact
marine mammals. The ``Estimated Take by Incidental Harassment'' 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'' section includes the analysis of how
this specific activity will impact marine mammals and considers the
content of the ``Potential Effects of the Specified Activity on Marine
Mammals'' section, the ``Estimated Take by Incidental Harassment''
section, the ``Mitigation'' section, and the ``Anticipated Effects on
Marine Mammal Habitat'' section to draw conclusions regarding the
likely impacts of this activity on the reproductive success or
survivorship of individuals, and from that on the affected marine
mammal populations or stocks.
Potential effects of the specified activities on marine mammals
involve acoustic effects related to sound produced by in-water impact
pile driving and use of DP vessel thrusters. Detailed information on
these effects was provided in the proposed IHA (79 FR 16301, March 25,
2014) and that information has not changed.
Anticipated Effects on Marine Mammal Habitat
There are no feeding areas, rookeries, or mating grounds known to
be biologically important to marine mammals within the project area.
There is also no designated critical habitat for any ESA-listed marine
mammals. Harbor seals haul out on Block Island and points along
Narragansett Bay, the most important haul-out being on the edge of New
Harbor, about 2.4 km from the proposed BIWF landfall on Block Island.
The only consistent haul-out locations for gray seals within the
vicinity of Rhode Island are around Monomoy National Wildlife Refuge
and Nantucket Sound in Massachusetts (more than 80 nautical miles from
the project area). NMFS' regulations at 50 CFR 224.105 designated the
nearshore waters of the Mid-Atlantic Bight as the Mid-Atlantic SMA for
right whales. Mandatory vessel speed restrictions are in place in that
SMA from November 1 through April 30 to reduce the threat of collisions
between ships and right whales around their migratory route and calving
grounds.
The BIWF involves activities that will disturb the seafloor and
potentially affect benthic and finfish communities. Installation of the
inter-array cable and export cable will result in the temporary
disturbance of no more than 3.7 and 11.6 acres of seafloor,
respectively. These installation activities will also result in
temporary and localized increases in turbidity around the project area.
DWBI may also install additional protective armoring in areas where the
burial depth achieved is less than 1.2 m. DWBI expects that additional
protection will be required at a maximum of 1 percent of the entire
submarine cable, resulting in a conversion of up to 0.4 acres of soft
substrate to hard substrate along the cable route. During the
installation of additional protective
[[Page 53416]]
armoring at the cable crossings and as necessary along the cable route,
anchors and anchor chains will temporarily impact about 1.8 acres of
bottom substrate during each anchoring event.
The installation of the five WTGs will result in a total impact of
about 0.35 acres. In this area, soft substrate will be permanently
converted to hard substrate. Construction activities associated with
the installation of the jacket foundations and WTGs will also result in
the temporary disturbance of 28.9 acres of substrate from the placement
of jack-up barge spuds, vessel anchors, and associated anchor sweep.
Additional disturbance is also expected within the top few inches of
substrate from the anchor chains during foundation installation as they
rest on the seafloor or sweep across the bottom in response to bottom
currents.
Jet-plowing and impacts from construction vessel anchor placement
and/or sweep will cause either the displacement or loss of benthic and
finfish resources in the immediate areas of disturbance. This may
result in a temporary loss of forage items for marine mammals and a
temporary reduction in the amount of benthic habitat available for
foraging marine mammals in the immediate project area. However, the
amount of habitat affected represents a very small percentage of the
available marine mammal foraging habitat in the project area. Increased
underwater sound levels may temporarily result in marine mammals
avoiding or abandoning the area.
Because of the temporary nature of the disturbance, the
availability of similar habitat and resources in the surrounding area,
and the lack of important or unique marine mammal habitat, 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.
Mitigation
In order to issue an incidental take authorization (ITA) under
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible
methods of taking pursuant to such activity, and other means of
effecting the least practicable impact on such species or stock and its
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance, and on the availability of such species
or stock for taking for certain subsistence uses (where relevant).
Mitigation Measures
DWBI will implement the following mitigation measures during impact
pile driving and use of the DP vessel thruster:
1. Marine Mammal Exclusion Zone
At the onset of pile driving when the 200 kJ impact pile driving
hammer is in use, protected species observers will visually monitor a
200-m radius exclusion zone around each jacket foundation to reduce the
potential for injury of marine mammals. After changing to the 600 kJ
impact pile driving hammer, protected species observers will visually
monitor a 600-m radius exclusion zone. These distances are estimated to
be the respective 180-dB isopleths based on DWBI's sound exposure
model. A minimum of two observers will be stationed aboard each noise-
producing construction support vessel. Each observer will visually
monitor a 360-degree field of vision from the vessel. Observers will
begin monitoring at least 30 minutes prior to impact pile driving,
continue monitoring during impact pile driving, and stop monitoring 30
minutes after impact pile driving has ended. If a marine mammal is seen
approaching or entering the relevant 180-dB isopleth (200-m or 600-m)
exclusion zones during impact pile driving (and following a 50 percent
reduction in energy; see ``Delay and Powerdown Procedures'' below),
DWBI will stop impact pile driving unless it is determined that the
reduction will compromise safety (either human health or environmental)
and/or the integrity of the project.
2. Soft-Start Procedures
DWBI will use a soft-start (or ramp-up) procedure at the beginning
of impact pile driving to alert marine mammals in the area. This
procedure will require an initial set of three strikes from the impact
hammer at 40 percent energy with a 1-minute waiting period between
subsequent 3-strike sets. DWBI will repeat the procedure two additional
times. DWBI will initiate a soft-start at the beginning of each day of
pile driving, at the beginning of each pile segment, and if pile
driving stops for more than 30 minutes. DWBI will not initiate a soft-
start if the monitoring zone is obscured by fog, inclement weather,
poor lighting conditions, etc.
3. Delay and Powerdown Procedures
DWBI will delay impact pile driving if a marine mammal is observed
within the relevant 180-dB isopleth exclusion zone and until the
exclusion zone is clear of marine mammals. DWBI will reduce impact pile
driving if a marine mammal is seen within or approaching the 200-m or
600-m exclusion zone. DWBI will reduce the hammer energy by 50 percent
to a ramp-up level. If a marine mammal continues to move towards the
sound source, DWBI will stop impact pile driving operations until the
exclusion zone is clear of marine mammals for at least 30 minutes.
4. DP Thruster Power Reduction
A constant tension must be maintained during cable installation and
any significant stoppage in vessel maneuverability during jet plow
activities will result in damage to the cable. Therefore, during DP
vessel operations, DWBI will reduce DP thruster power to the maximum
extent possible if a marine mammal approaches or enters a 5-m radius
from the vessel (estimated to be the 160-dB isopleth from the vessel).
This reduction will not be implemented at the risk of compromising
safety and/or the integrity of the BIWF. DWBI will not increase power
until the 5-m zone is clear of marine mammals for 30 minutes.
5. Time of Day and Weather Restrictions
DWBI will conduct impact pile driving during daylight hours only,
starting approximately 30 minutes after dawn and ending 30 minutes
before dusk. If a soft-start is initiated before the onset of inclement
weather, DWBI may complete that segment of impact pile driving. DWBI
will not initiate new impact pile driving activities until the entire
monitoring zone is visible.
6. Vessel Speed Restrictions
All DWBI vessels, regardless of length and location, will operate
at speeds of 10 knots or less from November 1 through April 30.
7. Ship Strike Avoidance
DWBI will adhere to NMFS guidelines for marine mammal ship strike
avoidance (https://www.nmfs.noaa.gov/pr/pdfs/education/
viewingnortheast.pdf).
Mitigation Conclusions
NMFS has carefully evaluated the applicant's mitigation measures
and considered a range of other measures in the context of ensuring
that NMFS prescribes the means of effecting the least practicable
impact on the affected marine mammal species and stocks and their
habitat. Our evaluation of potential measures included consideration of
the following factors in relation to one another:
The manner in which, and the degree to which, the
successful implementation of the measure is
[[Page 53417]]
expected to minimize adverse impacts to marine mammals;
The proven or likely efficacy of the specific measure to
minimize adverse impacts as planned; and
The practicability of the measure for applicant
implementation.
Based on our evaluation of the applicant's proposed measures, as
well as other measures considered by NMFS, NMFS has determined that the
mitigation measures provide the means of effecting the least
practicable impact on marine mammals species or stocks and their
habitat, paying particular attention to rookeries, mating grounds, and
areas of similar significance.
Monitoring and Reporting
In order to issue an ITA 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 ITAs
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 in the action area.
Monitoring measures prescribed by NMFS should accomplish one or
more of the following general goals:
1. An increase in the probability of detecting marine mammals, both
within the mitigation zone (thus allowing for more effective
implementation of the mitigation) and in general to generate more data
to contribute to the analyses mentioned below;
2. An increase in our understanding of how many marine mammals are
likely to be exposed to levels of continuous noise from use of a DP
vessel thruster that we associate with specific adverse effects, such
as behavioral harassment, TTS, or PTS;
3. An increase in our understanding of how marine mammals respond
to stimuli expected to result in take and how anticipated adverse
effects on individuals (in different ways and to varying degrees) may
impact the population, species, or stock (specifically through effects
on annual rates of recruitment or survival) through any of the
following methods:
Behavioral observations in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
Physiological measurements in the presence of stimuli
compared to observations in the absence of stimuli (need to be able to
accurately predict received level, distance from source, and other
pertinent information);
Distribution and/or abundance comparisons in times or
areas with concentrated stimuli versus times or areas without stimuli;
4. An increased knowledge of the affected species; and
5. An increase in our understanding of the effectiveness of certain
mitigation and monitoring measures.
Monitoring Measures
DWBI submitted a marine mammal monitoring plan as part of the IHA
application. It can be found in section 12 of their application (see
ADDRESSES).
1. Visual Monitoring
DWBI will use two protected species observers (in addition to those
used for mitigation) to visually monitor the Level B harassment zone
during all impact pile driving. During use of the 200 kJ impact pile
driving hammer, a 3.6-km radius will be monitored, and during use of
the 600 kJ impact pile driving hammer, a 7-km radius (or maximum
distance visible) will be monitored. DWBI will also use two protected
species observers to visually monitor a 5-m radius around the vessel
during DP vessel thruster use. Observers will estimate distances to
marine mammals visually, using laser range finders, or by using reticle
binoculars during daylight hours. During night operations (DP vessel
thruster use only), observers will use night-vision binoculars.
Observers will record their position using hand-held or vessel global
positioning system units for each sighting, vessel position change, and
any environmental change. Each observer will scan the surrounding area
for visual indication of marine mammal presence. Observers will be
located from the highest available vantage point on the associated
operational platform (e.g., support vessel, barge or tug), estimated to
be at least 6 m above the waterline.
Prior to initiation of construction work, all crew members on
barges, tugs, and support vessels will undergo environmental training,
a component of which will focus on the procedures for sighting and
protection of marine mammals. DWBI will also conduct a briefing with
the construction supervisors and crews and observers to define chains
of command, discuss communication procedures, provide an overview of
the monitoring purposes, and review operational procedures. The DWBI
Construction Compliance Manager (or other authorized individual) will
have the authority to stop or delay impact pile driving activities if
deemed necessary.
2. Acoustic Field Verification
DWBI will conduct field verification of the estimated 200-m and
600-m exclusion zones during impact pile driving to determine whether
the proposed distances correspond accurately to the relevant isopleths.
DWBI will take acoustic measurements during impact pile driving of
the last half (deepest pile segment) for any given open-water pile and
will also measure from two reference locations at two water depths (a
depth at mid-water and at about 1 m above the seafloor). If the field
measurements determine that the actual Level A (180-dB isopleth) and
Level B (160-dB isopleth) harassment zones are less than or beyond the
proposed distances, a new zone shall be established accordingly. DWBI
will notify NMFS and the USACE within 24 hours if a new marine mammal
exclusion zone is established that extends beyond the proposed 200-m or
600-m distances. Implementation of a smaller zone will be contingent on
NMFS' review and will not be used until NMFS approves the change.
DWBI will also perform field verification of the 160-dB isopleth
associated with DP vessel thruster use during cable installation. DWBI
will take acoustic measurements from two reference locations at two
water depths (a depth at mid-water and at about 1 m above the
seafloor). Similar to field verification during impact pile driving,
the DP thruster power reduction zone may be modified as necessary.
Reporting Measures
Observers will record dates and locations of construction
operations; times of observations; location and weather; details of
marine mammal sightings (e.g., species, age, numbers, behavior); and
details of any observed take.
DWBI will provide the following notifications and reports during
construction activities:
Notification to NMFS and the U.S. Army Corps of Engineers
(USACE) within 24-hours of beginning construction activities and again
within 24-hours of completion;
Detailed report of field-verification measurements within
7 days of completion (including: sound levels, durations, spectral
characteristics, DP thruster use, etc.) and notification to NMFS and
the USACE within 24-hours if a new zone is established;
[[Page 53418]]
Notification to NMFS and USACE within 24-hours if field
verification measurements suggest a larger marine mammal exclusion
zone;
Final technical report to NMFS and the USACE within 120
days of completion of the specified activity documenting methods and
monitoring protocols, mitigation implementation, marine mammal
observations, other results, and discussion of mitigation
effectiveness.
In the unanticipated event that the specified activity clearly
causes the take of a marine mammal in a manner not permitted by the
authorization (if issued), such as an injury, serious injury, or
mortality (e.g., ship-strike, gear interaction, and/or entanglement),
DWBI shall immediately cease the specified activities and immediately
report the incident to the Incidental Take Program Supervisor, Permits
and Conservation Division, Office of Protected Resources, NMFS, at 301-
427-8401 and/or by email to Jolie.Harrison@noaa.gov and
John.Fiorentino@noaa.gov and the Greater Atlantic Region Stranding
Coordinator at 978-281-9300 (Mendy.Garron@noaa.gov). The report must
include the following information:
Time, date, and location (latitude/longitude) of the
incident;
Name and type of vessel involved;
Vessel's speed during and leading up to the incident;
Description of the incident;
Status of all sound source use in the 24 hours preceding
the incident;
Water depth;
Environmental conditions (e.g., wind speed and direction,
Beaufort sea state, cloud cover, and visibility);
Description of all marine mammal observations in the 24
hours preceding the incident;
Species identification or description of the animal(s)
involved;
Fate of the animal(s); and
Photographs or video footage of the animal(s) (if
equipment is available).
DWBI shall not resume its activities until we are able to review
the circumstances of the prohibited take. We will work with DWBI to
determine what is necessary to minimize the likelihood of further
prohibited take and ensure MMPA compliance. DWBI may not resume their
activities until notified by us via letter, email, or telephone.
In the event that DWBI discovers an injured or dead marine mammal,
and the lead visual observer determines that the cause of the injury or
death is unknown and the death is relatively recent (i.e., in less than
a moderate state of decomposition), DWBI shall immediately report the
incident to the Incidental Take Program Supervisor, Permits and
Conservation Division, Office of Protected Resources, at 301-427-8401
and/or by email to Jolie.Harrison@noaa.gov and John.Fiorentino@noaa.gov
and the Greater Atlantic Region Stranding Coordinator at 978-281-9300
(Mendy.Garron@noaa.gov). The report must include the same information
identified in the paragraph above this section. Activities may continue
while we review the circumstances of the incident. We will work with
DWBI to determine whether modifications in the activities are
appropriate.
In the event that DWBI discovers an injured or dead marine mammal,
and the lead visual observer determines that the injury or death is not
associated with or related to the authorized activities (e.g.,
previously wounded animal, carcass with moderate to advanced
decomposition, or scavenger damage), DWBI will report the incident to
the Incidental Take Program Supervisor, Permits and Conservation
Division, Office of Protected Resources, at 301-427-8401 and/or by
email to Jolie.Harrison@noaa.gov and John.Fiorentino@noaa.gov and the
Greater Atlantic Region Stranding Coordinator at 978-281-9300
(Mendy.Garron@noaa.gov), within 24 hours of the discovery. DWBI will
provide photographs or video footage (if available) or other
documentation of the stranded animal sighting to us.
Estimated Take by Incidental Harassment
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].
Project activities that have the potential to harass marine
mammals, as defined by the MMPA, include noise associated with impact
pile driving, and noise associated with the use of DP vessel thrusters
during cable installation. Harassment could take the form of masking,
temporary threshold shift, avoidance, or other changes in marine mammal
behavior. NMFS anticipates that impacts to marine mammals will be in
the form of behavioral harassment and no take by injury, serious
injury, or mortality is authorized. NMFS does not anticipate take
resulting from the movement of vessels associated with construction
because there will be a limited number of vessels moving at slow speeds
over a relatively shallow, nearshore area.
NMFS' current acoustic exposure criteria for estimating take are
shown in Table 3 below. DWBI's modeled distances to these acoustic
exposure criteria are shown in Table 4. Details on the model
characteristics and results are provided in the Underwater Acoustic
Report at the end of DWBI's application (see ADDRESSES). DWBI and NMFS
believe that this estimate represents the worst-case scenario and that
the actual distance to the Level B harassment threshold may be shorter.
Table 3--NMFS' Current Acoustic Exposure Criteria
------------------------------------------------------------------------
Non-Explosive Sound
-------------------------------------------------------------------------
Criterion
Criterion definition Threshold
------------------------------------------------------------------------
Level A Harassment (Injury)... Permanent 180 dB re 1 microPa-m
Threshold Shift (cetaceans)/190 dB
(PTS) (Any level re 1 microPa-m
above that which (pinnipeds) root
is known to mean square (rms)
cause TTS).
Level B Harassment............ Behavioral 160 dB re 1 microPa-m
Disruption (for (rms)
impulse noises).
Level B Harassment............ Behavioral 120 dB re 1 microPa-m
Disruption (for (rms)
continuous,
noise).
------------------------------------------------------------------------
[[Page 53419]]
Table 4--DWBI's Modeled Distances to Acoustic Exposure Criteria
------------------------------------------------------------------------
Distance to level Distance to level
Activity B harassment (160 A harassment (180/
or 120 dB) 190 dB)
------------------------------------------------------------------------
Impact pile driving (hammer 7,000 m........... 600 m
energy = 600 kJ).
Impact pile driving (hammer 3,600 m........... 200 m
energy = 200 kJ).
DP vessel thruster use.......... 4,750 m........... <5 m
------------------------------------------------------------------------
DWBI estimated species densities within the project area in order
to estimate the number of marine mammal exposures to sound levels above
120 dB (continuous noise) or 160 dB (impulsive noise). DWBI used
sightings per unit effort (SPUE) from Kenney and Vigness-Raposa (2009)
for relative cetacean abundance and the Northeast Navy OPAREA Density
Estimates (DoN, 2007) for seal abundance. Based on multiple reports,
harbor seal abundance off the coast of Rhode Island is thought to be
about 20 percent of the total abundance for southern New England.
Because the seasonality and habitat use of gray seals off the coast of
Rhode Island roughly overlaps with harbor seals, DWBI applied this 20
percent estimate to both pinniped species. The 2007 and 2009 density
estimates relied upon for this authorization represent the best
scientific data available. NMFS is not aware of any efforts to collect
more recent density estimates than those relied upon here.
Estimated takes were calculated by multiplying the average highest
species density (per 100 km\2\) by the zone of influence, multiplied by
a correction factor of 1.5 to account for marine mammals underwater,
multiplied by the number of days of the specified activity. A detailed
description of the DWBI's model used to calculate zones of influence is
provided in the Underwater Acoustic Report at the end of their
application (see ADDRESSES).
DWBI used a zone of influence of 89.6 km\2\ and a total
construction period of 20 days to estimate take from impact pile
driving. This zone of influence is based on use of the largest 600 kJ
impact hammer. Jacket foundation installation (requiring impact pile
driving) is scheduled to occur between the months of May through July
or August through October. DWBI used a zone of influence of 25.1 km\2\
and a maximum installation period of 28 days to estimate take from use
of the DP vessel thruster during cable installation. The zone of
influence represents the average ensonified area across the three
representative water depths along the cable route (10 m, 20 m, and 40
m). DWBI expects cable installation to occur between April and August.
To be conservative, DWBI based take calculations on the highest
seasonal species density over which impact pile driving and use of the
DP vessel thruster was scheduled to occur. DWBI's requested take
numbers are provided in Table 5 and this is also the number of takes
NMFS is authorizing. DWBI's calculations do not take into account
whether a single animal is harassed multiple times or whether each
exposure is a different animal. Therefore, the numbers in Table 5 are
the maximum number of animals that may be harassed during impact pile
driving (i.e., DWBI assumes that each exposure event is a different
animal). These estimates do not account for mitigation measures that
DWBI will implement during the specified activities.
DWBI did not request, and NMFS is not authorizing, take from vessel
strike. We do not anticipate marine mammals to be impacted by vessel
movement because a limited number of vessels will be involved in
construction activities and they will move at slow speeds (10 knots or
less) throughout construction.
Table 5--DWBI's Estimated Take for the BIWF Project
----------------------------------------------------------------------------------------------------------------
Maximum Estimated take
seasonal by level B
density (per harassment Maximum Estimated take
Common species name 100 km\2\) ---------------- seasonal by level B Total
---------------- density (per harassment estimated take
Impact pile DP Vessel 100 km\2\)
driving thruster
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin.... 7.46 201 1.23 13 214
Short-beaked common dolphin..... 8.21 221 2.59 28 249
Harbor porpoise................. 0.47 13 0.74 8 21
Minke whale..................... 0.44 12 0.14 2 14
Fin whale....................... 1.92 52 2.15 23 75
Humpback whale.................. 0.11 3 0.11 2 5
North Atlantic right whale...... 0.04 2 0.06 1 3
Gray seal....................... 14.16 77 14.16 30 107
Harbor seal..................... 9.74 53 9.74 21 74
----------------------------------------------------------------------------------------------------------------
Table 6--Species Information and Take Authorized by NMFS
----------------------------------------------------------------------------------------------------------------
Percentage of
Authorized Abundance of stock
Common species name take stock potentially Population trend
affected %
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin.......... 214 23,390 0.91 N/A
Short-beaked common dolphin........... 249 120,743 0.21 N/A
Harbor porpoise....................... 21 89,054 0.02 N/A
Minke whale........................... 14 8,987 0.16 N/A
[[Page 53420]]
Fin whale............................. 75 3,985 1.88 N/A
Humpback whale........................ 5 11,570 0.04 Increasing
North Atlantic right whale............ 3 444 0.67 Increasing
Gray seal............................. 107 348,900 0.03 Increasing
Harbor seal........................... 74 99,340 0.07 N/A
----------------------------------------------------------------------------------------------------------------
Analysis and Preliminary Determinations
Negligible Impact
Negligible impact is ``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 Level B harassment 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 behavioral harassment,
NMFS must consider other factors, such as the likely nature of any
responses (their intensity, duration, etc.), the context of any
responses (critical reproductive time or location, migration, etc.), as
well as the number and nature of estimated Level A harassment takes,
the number of estimated mortalities, and effects on habitat.
DWBI did not request, and NMFS is not anticipating or authorizing,
take of marine mammals by injury, serious injury, or mortality. NMFS
expects that take will be in the form of behavioral harassment.
Exposure to sound levels above 160 dB during impact pile driving will
not last for more than 12 hours per day for 20 non-consecutive days.
Exposure to sound levels above 120 dB during use of the DP vessel
thruster may last for 24 hours per day for 28 days. While use of the DP
thruster may last for consecutive days, the vessel will be moving and
therefore not focused on one specific area for the entire duration.
Animals may temporarily avoid the immediate area, but are not expected
to permanently abandon the area. Marine mammal habitat may be impacted
by elevated sound levels and sediment disturbance, but these impacts
will be temporary. Furthermore, there are no feeding areas, rookeries,
or mating grounds known to be biologically important to marine mammals
within the project area. There is also no designated critical habitat
for any ESA-listed marine mammals. The mitigation measures are expected
to reduce the number and/or severity of takes by (1) giving animals the
opportunity to move away from the sound source before the pile driver
reaches full energy; (2) reducing the intensity of exposure within a
certain distance by reducing the DP vessel thruster power; and (3)
preventing animals from being exposed to sound levels reaching 180 dB
during impact pile driving.
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 monitoring and mitigation
measures, NMFS finds that the total marine mammal take from DWBI's BIWF
project is not likely to have an effect on annual rates of recruitment
or survival of the affected species or stocks. Therefore the take from
the project will have a negligible impact on the affected marine mammal
species or stocks.
Small Numbers
The numbers of individual animals that may be exposed to sound
levels above 160 dB (impact pile driving) and 120 dB (DP vessel
thruster) is small relative to the affected species or stock sizes
(Table 6). The authorized take numbers are the maximum numbers of
animals that are expected to be harassed during the BIWF project; it is
possible that some of these exposures may occur to the same individual.
NMFS finds that small numbers of marine mammals will be taken relative
to the populations of the affected species or stocks.
Impact on Availability of Affected Species for Taking for Subsistence
Uses
There are no relevant subsistence uses of marine mammals implicated
by this action. Therefore, NMFS has determined that the total taking of
affected species or stocks will not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Endangered Species Act (ESA)
There are three marine mammal species that are listed as endangered
under the ESA: Fin whale, humpback whale, and North Atlantic right
whale. Under section 7 of the ESA, the USACE (the federal permitting
agency for the actual BIWF construction) consulted with NMFS on the
BIWF project. NMFS also consulted internally on the issuance of an IHA
under section 101(a)(5)(D) of the MMPA for this activity. NMFS
Northeast Region (now known as the Greater Atlantic Region) issued a
Biological Opinion on January 30, 2014, concluding that the Block
Island Wind Farm project may adversely affect but is not likely to
jeopardize the continued existence of fin whale, humpback whale, or
North Atlantic right whale. The effects of the IHA on listed marine
mammal species fall within the scope of effects analyzed in the
Biological Opinion for the Block Island Wind Farm project. Therefore, a
new consultation is not required for issuance of this IHA. Following
the issuance of the IHA, an incidental take statement (ITS), with
associated reasonable and prudent measures and terms and conditions,
will be issued to exempt any take of listed marine mammal species from
the take prohibition in section 9 of the ESA. The ITS will be appended
to the January 30, 2014 Biological Opinion.
National Environmental Policy Act (NEPA)
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), and
NOAA Administrative Order 216-6, NMFS prepared an Environmental
Assessment (EA) analyzing the potential impacts of the issuance of an
IHA for the proposed activities. The final EA was prepared in August
2014 and NMFS made a Finding of No Significant Impact for this action.
[[Page 53421]]
These documents are available on our Web site at https://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Accordingly,
an Environmental Impact Statement is not required and none was
prepared.
Dated: September 4, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2014-21417 Filed 9-8-14; 8:45 am]
BILLING CODE 3510-22-P
