Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Maintenance, Repair, and Decommissioning of a Liquefied Natural Gas Facility off Massachusetts, 71078-71084 [2016-24850]
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71078
Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE727
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Maintenance,
Repair, and Decommissioning of a
Liquefied Natural Gas Facility off
Massachusetts
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an incidental
harassment authorization.
AGENCY:
NMFS has issued, in response
to a request from Neptune LNG LLC
(Neptune), an authorization to take
marine mammals, by harassment,
incidental to maintenance, repair, and
decommissioning activities at a
liquefied natural gas (LNG) deepwater
port (Port) off the coast of
Massachusetts.
An electronic copy of the application,
proposed IHA Federal Register notice
(81 FR 58478; August 25, 2016), issued
IHA, 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.
Documents cited in this notice may be
viewed, by appointment, during regular
business hours, at the aforementioned
address.
SUMMARY:
Effective October 7, 2016
through October 6, 2017.
DATES:
FOR FURTHER INFORMATION CONTACT:
Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
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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
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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 May 28, 2016, NMFS received an
application from Neptune for the taking
of marine mammals incidental to
maintenance, repair, and
decommissioning of its Port,
Massachusetts Bay. NMFS determined
the application was adequate and
complete on August 11, 2016.
Take of marine mammals may occur
from the use of bow and stern thrusters
on two types of dynamic positioning
(DP) vessels while docking, undocking,
and occasional weathervaning (turning
of a vessel at anchor from one direction
to another under the influence of wind
or currents) during Port maintenance,
repair, and decommissioning.
Decommissioning will occur for up to
70 days between May 1 and November
30, 2017. Unscheduled maintenance
and repair work may occur prior to
decommissioning, if needed, and last up
to 14 days. To facilitate maintenance,
repair, and decommissioning work, DP
vessels will operate bow and stern
thrusters at Neptune’s north and south
buoy and hot tap. Take, by Level B
harassment only, of individuals of
fourteen species of marine mammals is
anticipated from this specific activity
(Table 1). Take of marine mammals from
actual maintenance, repair and
decommissioning work (e.g., pipeline
removal, valve repair or cut off, removal
of seafloor position transponders) is not
anticipated nor authorized.
NMFS has issued several incidental
harassment authorizations for the take,
by Level B harassment only, of marine
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mammals to Neptune. NMFS issued a
one-year IHA in June 2008 for the
construction of the Port (73 FR 33400;
June 12, 2008). NMFS issued a second
one-year IHA to Neptune for the
completion of construction and
beginning of Port operations on June 26,
2009 (74 FR 31926; July 6, 2009). NMFS
issued a third 1-year IHA (75 FR 41440;
July 16, 2010) for ongoing operations
followed by a five-year rulemaking and
Letters of Authorization (76 FR 34157;
June 13, 2011) which expired on July
10, 2016. Although Neptune intended to
operate the Port for over 25 years,
changes in the natural gas market have
resulted in the company halting
production operations. During the
period of this proposed IHA, Neptune
intends to decommission the Port in its
entirety and conduct any unscheduled
maintenance and repairs, if needed,
prior to decommissioning.
Description of the Specified Activity
Overview
The Port consists of two mooring and
unloading buoys separated by
approximately 2.1 mi (3.4 km) (also
known as the north and south buoy) and
a pipeline that was meant to receive
natural gas from ‘‘shuttle and
regasification vessels’’ (SRVs) through a
flexible riser that connects to a 24-inch
(in) subsea flowline and ultimately into
a 24-in gas transmission line. A hot tap/
transmission manifold valve (herein
after ‘‘hot tap’’) unit used to control gas
flow from the Algonquin pipeline to
Neptune’s gas transmission line is
located inshore of the buoys. Neptune
ceased operations of the Port prior to
any commercial natural gas deliveries to
the New England region and has
decided to decommission the Port;
therefore, equipment must be removed
or safely abandoned in place. To
conduct this work (and any
maintenance or repair that may be
required prior to decommissioning), DP
vessels would transit to and maintain
position at the north and south buoys
and hot tap.
Specified Geographic Region
The Port is located within
Massachusetts Bay approximately 22
miles (mi) (35 kilometers [km])
northeast of Boston, Massachusetts. It is
located west (i.e., inshore) of the
Stellwagen Bank National Marine
Sanctuary (NMS). The DP-vessel would
be operating north and south buoy are
located 1.23 nautical miles (nm) (2.28
km) and 1.47 nm (2.72 km),
respectively, from the western edge of
the Sanctuary in Federal waters
approximately 260 ft (79 m) in depth.
E:\FR\FM\14OCN1.SGM
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
The hot tap is well inshore of the buoys
in water approximately 122 ft (37 m) in
depth.
Dates and Duration
Any unscheduled maintenance and
repair that may be required would occur
prior to decommissioning and last up to
two weeks. No maintenance or repair
work is currently planned.
Decommissioning will commence no
earlier than May 1, 2017, and will take
up to 70 days.
Detailed Description of Activities
The notice of proposed IHA (81 FR
58478; August 25, 2016) contains a
detailed description of the proposed
activities, including the type of DP
vessels planned for use and associated
thruster operation procedures. That
information has not changed and is not
repeated here.
Comments and Responses
A notice of Proposed IHA was
published in the Federal Register on
August 25, 2016 (81 FR 58478) for
public comment. During the 30-day
public comment period, NMFS received
three comment letters from the
following: Marine Mammal Commission
(MMC), U.S. Fish and Wildlife Service
(USFWS), and one private citizen.
All of the public comment letters
received are available on the internet at:
https://www.nmfs.noaa.gov/pr/permits/
incidental.htm. Following is a summary
of the public comments and NMFS’
responses.
Comment 1: The MMC believes the
method NMFS used to estimate the
numbers of takes during the proposed
activities, which summed fractions of
takes for each species across days, does
not account for and negates the intent of
NMFS’s 24-hour reset policy. As a
solution, the MMC recommended NMFS
(1) apply a 24-hour reset policy for
enumerating the number of each species
that could be taken during proposed
activities, (2) apply standard rounding
rules before summing the numbers of
estimated takes across days, and (3) for
species that have the potential to be
taken but model-estimated or calculated
takes round to zero, use group size to
inform the take estimates.
Response: Calculating predicted take
is not an exact science, and there are
arguments for taking different
mathematical approaches in different
situations and for making qualitative
adjustments in other situations. NMFS
is currently engaged in developing a
protocol to guide more consistent take
calculation given certain circumstances.
The method for estimating take
incidental to this action considered
duration of activities, marine mammal
group size, and previous monitoring
reports. Therefore, we consider it
appropriate. We do note there was a
mathematical error when calculating
gray seal take numbers and have
decreased the authorized take number
accordingly.
Comment 2: The USFWS service
submitted comments indicating heavy
workload precluded the agency from
reviewing the subject project and
providing comments; however, they
recommended NMFS determine if the
action may affect any ESA-listed species
or critical habitat under USFWS
jurisdiction.
Response: We searched the USFWS’
Information for Planning and
Conservation Web site (https://
ecos.fws.gov/ipac/) and determined that
no ESA-listed species under USFWS
jurisdiction would be affected by the
proposed action. Therefore, no further
action was necessary.
Comment 3: One private citizen
submitted a comment that no work
should be permitted prior to May 1 and
not after October 15.
Response: In accordance with the
mitigation measures as a means of
effecting the least practicable adverse
impact on marine mammals, all planned
work must occur between May 1 and
November 1. This work window was
developed through intense investigation
into marine mammal abundance data
and coordination with marine mammal
experts in the region such as the
Stellwagen Bank NMS and NMFS
Greater Atlantic Regional Fisheries
Office (GARFO). Unplanned
maintenance and repair may occur any
time of the year; however, this is to
allow immediate response to emergency
situations only.
Description of Marine Mammals in the
Area of the Specified Activity
A description of marine mammal
species authorized to be taken
incidental to DP vessel thruster use,
including brief introductions to the
species, relevant stock status,
distribution and local occurrence, and
population trends and threats, was
provided in the Federal Register notice
for the proposed IHA (81 FR 58478;
August 25, 2016). We are not aware of
any changes to this information;
therefore, those descriptions are not
repeated here. In addition to the Federal
Register notice, general species
accounts can also be found on NMFS’
Office of Protected Resources Web site
(www.nmfs.noaa.gov/pr/species/
mammals/). For convenience, Table 1
provides an overview of marine
mammals NMFS authorized to be taken
in the IHA, by Level B harassment only,
during the specific activities.
TABLE 1—SPECIES AUTHORIZED TO BE TAKEN IN THE IHA
[E = endangered, D = depleted, NL = not listed, ND = not depleted, unk = unknown]
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Common name
Scientific name
Stock
Status
North Atlantic right whale .......
Fin whale ................................
Humpback whale ....................
Minke whale ............................
Sei whale ................................
Atlantic white-sided dolphin ....
Long-finned pilot whale ...........
Harbor porpoise ......................
Bottlenose dolphin ..................
Eubalaena glacialis ...............
Balaenoptera physalus ..........
Megaptera novaeangliae .......
Balaenoptera acutorostrata ...
Balaenoptera borealis ...........
Lagenorhynchus acutus ........
Globicephala melas ...............
Phocoena phocoena .............
Tursiops truncatus .................
E, D ..............
E, D ..............
E, D ..............
NL, ND .........
E, D ..............
NL, ND .........
NL, ND .........
NL, ND .........
NL, ND .........
Short beaked common dolphin
Risso’s dolphin ........................
Killer whale .............................
Harbor seal .............................
Delphinus delphis ..................
Grampus griseus ...................
Orcinus orca ..........................
Phoca vitulina ........................
Western Atlantic ....................
Western North Atlantic ..........
Gulf of Maine .........................
Canadian East Coast ............
Novia Scotia ..........................
Western North Atlantic ..........
Western North Atlantic ..........
Gulf of Maine/Bay of Fundy ..
Western North Offshore Atlantic.
Western North Atlantic ..........
Western North Atlantic ..........
Western North Atlantic ..........
Western North Atlantic ..........
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NL,
NL,
NL,
NL,
ND
ND
ND
ND
E:\FR\FM\14OCN1.SGM
.........
.........
.........
.........
14OCN1
Estimated
population
(Waring et al.,
2015)
Occurrence
476
1,618
823
20,741
357
48,819
26,535
79,883
77,532
occasional.
occasional.
occasional.
occasional.
occasional.
occasional.
occasional.
not common.
not common.
173,486
18,250
unk
75,834
occasional.
not common.
not common.
occasional.
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Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Notices
TABLE 1—SPECIES AUTHORIZED TO BE TAKEN IN THE IHA—Continued
[E = endangered, D = depleted, NL = not listed, ND = not depleted, unk = unknown]
Common name
Scientific name
Stock
Status
Grey seal ................................
Halichoerus grypus ................
Western North Atlantic ..........
NL, ND .........
Potential Effects of the Specified
Activity on Marine Mammals
The Federal Register notice of
proposed authorization (81 FR 58478;
August 25, 2016) provides a background
on sound characteristics generated from
the specified activity, a description of
marine mammal hearing, and the
potential effects of the specified activity
on marine mammals. In summary, no
Level A (injury) is anticipated due to
Port maintenance, repair and
decommissioning nor are Level A takes
authorized in the IHA. Marine mammals
may experience Level B harassment in
the form of masking or behavioral
modifications (e.g., avoidance, change
in dive profiles); however, NMFS
anticipates these impacts would be
limited in duration and not result in
impact to annual rates of recruitment or
survival.
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Anticipated Effects on Marine Mammal
Habitat
NMFS concluded any impacts from
Neptune’s maintenance, repair, and
decommissioning activities to marine
mammal habitat are expected to be
minor and not cause significant or longterm consequences for individual
marine mammals or populations. A
description of effects on marine
mammal habitat from the specific
activity is described in detail in the
Federal Register notice for the proposed
IHA (81 FR 58478; August 25, 2016). In
summary, the benthic community and
turbidity levels at the buoys and hot tap
during maintenance, repair, and
decommissioning work may be
impacted. However, the impacts are
expected to be short-term, minor, and
localized. No public comments were
received regarding impacts to marine
mammal habitat from Port maintenance,
repair, and decommissioning. More
specifically, because the Port is now
located in North Atlantic right whale
critical habitat (81 FR 4838; January 27,
2016), NMFS Office of Protected
Resources (OPR) consulted with NMFS
Greater Atlantic Regional Office
(GARFO) on the effects of the specified
activity on critical habitat under Section
7 of the Endangered Species Act (ESA).
NMFS OPR made a ‘‘no effect’’
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determination on North Atlantic right
whale critical habitat. GARFO did not
object to this determination and issued
an incidental take statement (ITS) for
the taking of marine mammals
incidental to Neptune’s Port
maintenance, repair, and
decommissioning (see Endangered
Species Act section below). Finally, the
Port is located within a biologically
important area (BIA) for North Atlantic
right whale foraging habitat from
February through April, annually.
Foraging BIAs are defined as areas and
months within which a particular
species or population selectively feeds.
These may either be found consistently
in space and time, or may be associated
with ephemeral features that are less
predictable but can be delineated and
are generally located within a larger
identifiable area. However, because
decommissioning would be restricted
from May–November, the timing of the
activity would not overlap in time with
this BIA designation. While
maintenance and repair activities may
overlap temporally, the impact on
foraging habitat is expected to be minor
due to the short duration of the activity
(no more than 14 days), nature of the
continuous sound produced at relatively
low received levels, and
implementation of mitigation measures
(e.g., reduce thruster power if whales
are observed within 500 m of a DP
vessel).
Mitigation
In order to issue an incidental take
authorization 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 adverse
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
The IHA contains a number of
mitigation measures designed to
minimize the risk of marine mammal
vessel interaction and exposure to
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Estimated
population
(Waring et al.,
2015)
unk
Occurrence
occasional.
elevated noise levels. These measures
resulted from extensive coordination
between Neptune, NMFS OPR, and the
Stellwagen Bank NMS during issuance
of previous incidental take
authorizations. The mitigation measures
include, but are not limited to, reducing
vessel speed to four knots and delaying
departures from the buoys or hot tap
when a whale is visibly observed within
1,000 m or acoustically detected on the
two closest passive acoustic monitoring
buoys; ceasing vessel movement or
idling and reducing thruster power to
minimal safe operating power when a
whale is observed within 500 m of the
vessel; ceasing vessel movement or
idling and reducing thruster power to
minimal safe operating power when a
non-whale species is observed within
100 m of the vessel; not transiting from
shore to the project site during
nighttime or when visibility is reduced
below 1,000 m; and abiding by all
reporting and vessel operation
requirements contained with the North
Atlantic right whale ship strike rule (73
FR 60173; October 10, 2008). A
complete list of the mitigation measures
can be found within the IHA posted on
NMFS Web site https://
www.nmfs.noaa.gov/pr/permits/
incidental.htm.
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
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
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as other measures considered by NMFS,
NMFS has determined the mitigation
measures included in the IHA 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
The proposed Federal Register notice
(81 FR 58478; August 25, 2016) includes
a number of visual and acoustic
monitoring measured designed to
effectively detect marine mammals
within the Level B harassment zone and
determine if the required mitigation
measures are triggered. The final
measures included in the IHA have not
been altered from the proposed IHA and
are not repeated here. In summary, three
protected species observers (PSO) will
be stationed aboard all DP vessels and
an acoustic array consisting of four
autonomous recording units (ARUs) will
be deployed around the north and south
buoys to assist in the detection of
marine mammals outside of visual
sighting range; the ARUs are capable of
detecting North Atlantic right whale
calls to approximately 6–8 kms. These
monitoring measures will ensure the
specific activity has the least practicable
adverse impact on marine mammals
through visual and acoustic monitoring.
Reporting Measures
As part of the IHA, Neptune is
required to submit an annual report to
NMFS containing information on
marine mammal takes and behavior and
any mitigation actions taken. Neptune
must submit a draft report on all
monitoring conducted under the IHA
within ninety calendar days of the
completion of marine mammal and
acoustic monitoring or sixty days prior
to the issuance of any subsequent IHA
for this project, whichever comes first.
A final report shall be prepared and
submitted within thirty days following
resolution of comments on the draft
report from NMFS. The information
required in the report is provided in the
Federal Register notice (81 FR 58478;
August 25, 2016) for the proposed IHA
and is not repeated here.
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).
When Neptune’s mitigation is
considered in combination with the fact
that marine mammals would not be
expected to remain around the
stationary DP vessel for the duration
needed to be exposed to sound levels
that reach or exceed Level A harassment
thresholds, NMFS believes that injury is
unlikely.
Amount of Take Authorized
As described in the proposed IHA
Federal Register notice (81 FR 58478;
August 25, 2016), Neptune proposed,
and NMFS issued, take, by Level B
harassment, of marine mammals based
on marine mammals stock density, the
extent of the largest ZOI (37.4 km2), and
the maximum number of days Neptune
would operate DP vessel thrusters to
facilitate maintenance and repair (14
days) and decommissioning (70 days).
For continuous sounds, such as those
produced by DP vessel thrusters, NMFS
used a received level of 120 dB re 1 mPa
(rms) to indicate the onset of potential
for Level B harassment. Table 2 includes
the authorized amount of take of marine
mammals, by species, incidental to the
specified activity.
TABLE 2—AUTHORIZED TAKE OF MARINE MAMMALS, BY SPECIES, INCIDENTAL TO THE SPECIFIED ACTIVITY
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[Unk = unknown]
Estimated
population
(Waring et al.,
2015)
Species
North Atlantic right whale (Eubalaena glacialis) ..............................................
Fin whale (Balaenoptera physalus) .................................................................
Humpback whale (Megaptera novaeangliae) ..................................................
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476
1,618
823
Density
0.000017
0.0034
0.0032
E:\FR\FM\14OCN1.SGM
14OCN1
Estimated
takes
% population
2
12
10
0.21
0.12
0.22
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TABLE 2—AUTHORIZED TAKE OF MARINE MAMMALS, BY SPECIES, INCIDENTAL TO THE SPECIFIED ACTIVITY—Continued
[Unk = unknown]
Estimated
population
(Waring et al.,
2015)
Species
Minke whale (Balaenoptera acutorostrata) ......................................................
Sei whale (Balaenoptera borealis) ..................................................................
Atlantic white-sided dolphin (Lagenorhynchus acutus) ...................................
Long-finned pilot whale (Globicephala melas) ................................................
Harbor porpoise (Phocoena phocoena) ..........................................................
Bottlenose dolphin (Tursiops truncatus) ..........................................................
Short beaked common dolphin (Delphinus delphis) ........................................
Risso’s dolphin (Grampus griseus) ..................................................................
Killer whale (Orcinus orca) ..............................................................................
Harbor seal (Phoca vitulina) ............................................................................
Gray sea (Halichoerus grypus) ........................................................................
20,741
357
48,819
26,535
79,883
77,532
173,486
18,250
unk
75,834
unk
Density
0.0033
0.000036
0.039
0.0019
0.104
0.003
0.0071
0.000044
0.0000089
0.097
0.027
Estimated
takes
11
2
124
8
328
10
* 270
2
2
305
86
% population
0.009
0.28
0.043
0.035
0.068
0.002
0.002
0.005
unk
0.067
unk
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* Although the method used to calculate take results in an estimated take of 23 common dolphins, this species travels in large aggregations.
Therefore, NMFS is proposing to authorize take based on two encounters of a group size documented within the ZOI in Neptune’s monitoring reports (i.e., 135 × 2).
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing
In August 2016, NMFS released its
Technical Guidance for Assessing the
Effects of Anthropogenic Sound on
Marine Mammal Hearing, which
established new thresholds for
predicting auditory injury, which
equates to Level A harassment under the
MMPA. In the August 4, 2016, Federal
Register notice announcing the
Guidance (81 FR 51694), NMFS
explained the approach it would take
during a transition period, wherein we
balance the need to consider this new
best available science with the fact that
some applicants have already
committed time and resources to the
development of acoustic analyses based
on our previous thresholds and have
constraints that preclude the
recalculation of take estimates, as well
as consideration of where the agency is
in the decision-making pipeline. In the
Federal Register notice, we also
included a non-exhaustive list of factors
that would inform the most appropriate
approach for considering the Guidance,
including: How far in the MMPA
process the applicant has progressed;
the scope of the effects; when the
authorization is needed; the cost and
complexity of the analysis; and the
degree to which the Guidance is
expected to affect our analysis.
In the Guidance, acoustic thresholds
are presented as cumulative sound
exposure levels (SELcum) for nonimpulsive sound such as that from DP
vessel thrusters. This metric considers
both the received level (dB) and
duration of exposure. To account for the
fact that marine mammals potentially
taken by the specified activity fall into
one of four hearing group categories
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(low-frequency, mid-frequency, and
high-frequency cetaceans and phocid
pinnipeds), the Guidance incorporates
auditory weighting functions. NMFS
considered the DP vessel sound source
level (177dB rms), frequency, and
potential exposure duration to assess
potential for Level A take. When
Neptune’s mitigation is considered in
combination with the fact that many
marine mammals would be expected to
avoid making close approaches to the
DP vessel (a stationary acoustic source),
we believe that injury is unlikely. In
summary, we have considered the new
Guidance and believe that the
likelihood of injury is adequately
addressed in the analysis and
appropriate protective measures are in
place in the IHA.
Analysis and 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). The lack of likely
adverse effects on annual rates of
recruitment or survival (i.e., population
level effects) forms the basis of a
negligible impact finding. Thus, an
estimate of the number of takes, alone,
is not enough information on which to
base an impact determination. In
addition to considering estimates of the
number of marine mammals that might
be ‘‘taken’’ through 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
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and nature of estimated Level A
harassment takes, the number of
estimated mortalities, effects on habitat,
and the status of the species.
To avoid repetition, except where
otherwise identified, the discussion of
our analyses applies to all the species
listed in Table 2 given that the
anticipated effects of this project on
marine mammals are expected to be
relatively similar in nature. Where there
is information about specific impacts to,
or about the size, status, or structure of,
any species or stock that would lead to
a different analysis for this activity,
species-specific factors are identified
and analyzed.
In making a negligible impact
determination, NMFS considers:
• The number of anticipated injuries,
serious injuries, or mortalities;
• The number, nature, and intensity,
and duration of Level B harassment; and
• The context in which the takes
occur (e.g., impacts to areas of
significance, impacts to local
populations, and cumulative impacts
when taking into account successive/
contemporaneous actions when added
to baseline data);
• The status of stock or species of
marine mammals (i.e., depleted, not
depleted, decreasing, increasing, stable,
impact relative to the size of the
population);
• Impacts on habitat affecting rates of
recruitment/survival; and
• The effectiveness of monitoring and
mitigation measures to reduce the
number or severity of incidental take.
The following provides a summary of
NMFS’ assessment of these items.
NMFS does not anticipate, nor does the
IHA authorize, injury, serious injury or
mortality of marine mammals incidental
to the specified activity. For reasons
detailed in the Federal Register notice
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for the proposed IHA (81 FR 58478;
August 25, 2016), NMFS has determined
the effects of the specified activity on
marine mammals will be limited to
short-term behavioral modifications
such as avoidance of the area where DP
vessels are operating thrusters and
changes in swim speeds and dive
profiles. In addition, some masking
could occur. The mitigation measures,
such as restricting decommissioning
work until peak North Atlantic right
whale season is over and reducing
thruster power when marine mammals
are within 500 m of the vessel, are
designed to further minimize the
intensity of the anticipated effects. With
respect to stock status, three of the
fourteen species authorized to be taken
are listed under the ESA. On September
8, 2016, humpback whales present in
the action area (West Indies distinct
population segment) were delisted
under the ESA (81 FR 62260); no MMPA
designation (depleted or not depleted)
has been assigned to this stock. With
respect to habitat, the Port is within
North Atlantic right whale critical
habitat while Massachusetts Bay,
including the Port, is a designated
biological important area (BIA) for
North Atlantic right whale foraging from
February through April. However, as
described in the proposed IHA Federal
Register notice (81 FR 58478; August
25, 2016) and the Impacts to Marine
Mammal Habitat section in this
document, adverse impacts to habitat,
including prey availability, is
anticipated to be short-term and minor,
if any, due to temporal restrictions on
decommissioning activities (limited to
May–November), nature of sound
produced at relatively low received
levels, and implementation of
mitigation measures (e.g., reduce
thruster power if whales are observed
within 500 m of a DP vessel). Finally,
the IHA contains a number of mitigation
measures designed to reduce impacts to
marine mammals. Monitoring for
marine mammals to trigger these
mitigation measures is greatly improved
from the requirements to employ two
daylight and one nighttime protected
marine observers and carry out passive
acoustic monitoring.
In summary, the taking of marine
mammals is anticipated to produce
short-term mild behavioral reactions in
marine mammals exposed to elevated
noise levels and is not reasonably
expected to, and is not reasonably likely
to, adversely affect the species or stock
through effects on annual rates of
recruitment or survival. Therefore,
NMFS has determined the specified
activity would have a negligible impact
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on the affected marine mammal species
and stocks.
Small Numbers Analysis
The authorized takes represent less
than one percent of all populations or
stocks for which NMFS was able to
quantify the estimated percentage, and
we have determined that a small
fraction of affected killer whales and
grey seal stocks will be taken based on
our qualitative assessments (see Table 2
in this document). As such, we find the
numbers of marine mammals estimated
to be taken are small proportions of the
total 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, we have determined
that the total taking of affected species
or stocks would not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act
On January 12, 2007, NMFS
concluded consultation with Maritime
Administration (MARAD) and U.S.
Coast Guard (USCG) under section 7 of
the ESA on the proposed construction
and operation of the Neptune LNG
facility and issued a Biological Opinion.
The finding of that consultation was the
construction and operation of the
Neptune LNG terminal may adversely
affect, but is not likely to jeopardize the
continued existence of, North Atlantic
right, humpback, and fin whales, and is
not likely to adversely affect sperm, sei,
or blue whales and Kemp’s ridley,
loggerhead, green, or leatherback sea
turtles. The Biological Opinion
concluded decommissioning activities
would not likely adversely affect marine
mammals; however, the analysis was
limited to actual work (e.g., removing
the pipeline). The use of DP vessel
thrusters was not included in that
analysis.
On March 2, 2010, MARAD and
USCG sent a letter to NMFS requesting
reinitiation of section 7 consultation
because MARAD and USCG determined
that certain routine planned operations
and maintenance activities, inspections,
surveys, and unplanned repair work on
the Port pipelines and flowlines, as well
as any other Port component (including
buoys, risers/umbilicals, mooring
systems, and sub-sea manifolds), may
constitute a modification not previously
considered in the 2007 Biological
Opinion. On July 12, 2010, NMFS’
Northeast Regional Office (now GARFO)
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71083
issued a Biological Opinion, which
concludes the operation, maintenance,
and repair of the Port is likely to
adversely affect, but is not likely to
jeopardize the continued existence of,
North Atlantic right, humpback, fin, and
sei whales. NMFS reached this
conclusion after reviewing the best
available information on the status of
endangered and threatened species
under NMFS jurisdiction, the
environmental baseline for the action
area, the effects of the action, and the
cumulative effects in the action area.
The Biological Opinion also considered
the effects of incidental take
authorizations issued by NMFS to
Neptune under the MMPA for the take
of marine mammals incidental to Port
operation, maintenance, repairs. Again,
the Biological Opinion concluded
decommissioning activities would not
likely adversely affect marine mammals;
however, the analysis was limited to
actual work (e.g., removing the
pipeline). That is, the use of DP vessel
thrusters was not included in the
decommissioning analysis, only for
operation, maintenance, and repair. As
such, NMFS requested consultation
under Section 7 of the ESA with GARFO
on the issuance of an IHA to Neptune
for take of marine mammals incidental
to decommissioning. GARFO concluded
there would not be effects beyond those
previously considered because the take
of marine mammal incidental to thruster
use was fully considered in the 2010
Biological Opinion. As a result, GARFO
concluded that re-initiation of section 7
consultation was not necessary and
subsequently issued an Incidental Take
Statement.
National Environmental Policy Act
(NEPA)
MARAD and the USCG released a
Final EIS/Environmental Impact Report
(EIR) for the Port, publishing a notice of
availability of the Final EIS/EIR on
November 2, 2006 (71 FR 64606). The
Final EIS/EIR provides detailed
information on the proposed project
facilities, construction, operation, and
decommissioning activities, and
analysis of potential impacts on marine
mammals.
NMFS was a cooperating agency in
the preparation of the Draft and Final
EIS based on a Memorandum of
Understanding related to the Licensing
of Deepwater Ports entered into by the
U.S. Department of Commerce along
with 10 other government agencies. On
June 3, 2008, NMFS adopted the USCG
and MARAD FEIS and issued a separate
Record of Decision for previous
issuance of authorizations pursuant to
sections 101(a)(5)(A) and (D) of the
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MMPA for the construction and
operation of the Neptune LNG Port
facility. For the subject IHA, NMFS
reviewed the FEIS to ensure that the
analysis contained in that document
accurately describes and analyzes the
impacts to the human environment of
NMFS’ action of issuing an MMPA
authorization for the maintenance,
repair, and decommissioning of the
Neptune Port. NMFS has determined
that the FEIS sufficiently covers the
activities considered in the subject IHA.
NMFS issued an amended Record of
Decision for issuance of authorizations
pursuant to sections 101(a)(5)(D) of the
MMPA specific to maintenance, repair,
and decommissioning.
Authorization
NMFS has issued an IHA to Neptune
for the potential harassment of small
numbers of 14 marine mammal species
incidental to maintenance, repair, and
decommissioning of their Port in
Massachusetts Bay], which includes
required mitigation, monitoring and
reporting measures.
Dated: October 7, 2016.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
DEPARTMENT OF COMMERCE
Dated: October 11, 2016.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
RIN 0648–XE956
New England Fishery Management
Council; Public Meeting
[FR Doc. 2016–24874 Filed 10–13–16; 8:45 am]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Groundfish Advisory Panel to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Tuesday, November 1, 2016 at 10 a.m.
ADDRESSES: The meeting will be held at
the Radisson Airport Hotel, 2081 Post
Road, Warwick, RI 02886; phone: (401)
739–3000.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
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Jkt 241001
The Groundfish Advisory Panel will
discuss Framework Adjustment 56 (FW
56) Specifications and Management
Measures. They also plan to discuss
draft measures and draft impact analysis
for FW 56 and make recommendations
to the Groundfish Committee. Other
business will be discussed as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Authority: 16 U.S.C. 1801 et seq.
National Oceanic and Atmospheric
Administration
14:29 Oct 13, 2016
Agenda
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
BILLING CODE 3510–22–P
VerDate Sep<11>2014
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Special Accommodations
[FR Doc. 2016–24850 Filed 10–13–16; 8:45 am]
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XE952
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public meeting of its
Scallop Advisory Panel to consider
actions affecting New England fisheries
in the exclusive economic zone (EEZ).
Recommendations from this group will
SUMMARY:
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be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, November 2, 2016 at 9:30
a.m.
ADDRESSES:
Meeting address: The meeting will be
held at the Radisson Airport Hotel, 2081
Post Road, Warwick, RI 02886; phone:
(401) 739–3000.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
Agenda
The Scallop Advisory Panel will
review Framework 28 (FW 28)
alternatives and analyses and make final
recommendations. FW 28 will set
specifications including ABC/ACLs,
DAS, access area allocations for LA and
LAGC, hard-TAC for NGOM
management area, target-TAC for LAGC
incidental catch and set-asides for the
observer and research programs for
fishing year 2017 and default
specifications for fishing year 2018.
Management measures in FW 28 may
include but are not limit to: (1)
Measures to restrict the possession of
shell stock inshore of 42°20′ N.; (2)
Measures to apply spatial management
to fishery specifications (ACL
flowchart); and (3) Measures to modify
the Closed Area I access area boundary,
consistent with potential changes to
habitat and groundfish mortality closed
areas. They will also review and
potentially provide input on 2017
scallop work priorities. Other business
will be discussed as necessary.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
listed in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Act, provided the public has been
notified of the Council’s intent to take
final action to address the emergency.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to
Thomas A. Nies, Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
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]]>Agencies
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Notices]
[Pages 71078-71084]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24850]
[[Page 71078]]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XE727
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Maintenance, Repair, and
Decommissioning of a Liquefied Natural Gas Facility off Massachusetts
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of an incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has issued, in response to a request from Neptune LNG LLC
(Neptune), an authorization to take marine mammals, by harassment,
incidental to maintenance, repair, and decommissioning activities at a
liquefied natural gas (LNG) deepwater port (Port) off the coast of
Massachusetts.
An electronic copy of the application, proposed IHA Federal
Register notice (81 FR 58478; August 25, 2016), issued IHA, 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. Documents cited in this notice may be
viewed, by appointment, during regular business hours, at the
aforementioned address.
DATES: Effective October 7, 2016 through October 6, 2017.
FOR FURTHER INFORMATION CONTACT: Jaclyn Daly, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.)
direct the Secretary of Commerce 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 May 28, 2016, NMFS received an application from Neptune for the
taking of marine mammals incidental to maintenance, repair, and
decommissioning of its Port, Massachusetts Bay. NMFS determined the
application was adequate and complete on August 11, 2016.
Take of marine mammals may occur from the use of bow and stern
thrusters on two types of dynamic positioning (DP) vessels while
docking, undocking, and occasional weathervaning (turning of a vessel
at anchor from one direction to another under the influence of wind or
currents) during Port maintenance, repair, and decommissioning.
Decommissioning will occur for up to 70 days between May 1 and November
30, 2017. Unscheduled maintenance and repair work may occur prior to
decommissioning, if needed, and last up to 14 days. To facilitate
maintenance, repair, and decommissioning work, DP vessels will operate
bow and stern thrusters at Neptune's north and south buoy and hot tap.
Take, by Level B harassment only, of individuals of fourteen species of
marine mammals is anticipated from this specific activity (Table 1).
Take of marine mammals from actual maintenance, repair and
decommissioning work (e.g., pipeline removal, valve repair or cut off,
removal of seafloor position transponders) is not anticipated nor
authorized.
NMFS has issued several incidental harassment authorizations for
the take, by Level B harassment only, of marine mammals to Neptune.
NMFS issued a one-year IHA in June 2008 for the construction of the
Port (73 FR 33400; June 12, 2008). NMFS issued a second one-year IHA to
Neptune for the completion of construction and beginning of Port
operations on June 26, 2009 (74 FR 31926; July 6, 2009). NMFS issued a
third 1-year IHA (75 FR 41440; July 16, 2010) for ongoing operations
followed by a five-year rulemaking and Letters of Authorization (76 FR
34157; June 13, 2011) which expired on July 10, 2016. Although Neptune
intended to operate the Port for over 25 years, changes in the natural
gas market have resulted in the company halting production operations.
During the period of this proposed IHA, Neptune intends to decommission
the Port in its entirety and conduct any unscheduled maintenance and
repairs, if needed, prior to decommissioning.
Description of the Specified Activity
Overview
The Port consists of two mooring and unloading buoys separated by
approximately 2.1 mi (3.4 km) (also known as the north and south buoy)
and a pipeline that was meant to receive natural gas from ``shuttle and
regasification vessels'' (SRVs) through a flexible riser that connects
to a 24-inch (in) subsea flowline and ultimately into a 24-in gas
transmission line. A hot tap/transmission manifold valve (herein after
``hot tap'') unit used to control gas flow from the Algonquin pipeline
to Neptune's gas transmission line is located inshore of the buoys.
Neptune ceased operations of the Port prior to any commercial natural
gas deliveries to the New England region and has decided to
decommission the Port; therefore, equipment must be removed or safely
abandoned in place. To conduct this work (and any maintenance or repair
that may be required prior to decommissioning), DP vessels would
transit to and maintain position at the north and south buoys and hot
tap.
Specified Geographic Region
The Port is located within Massachusetts Bay approximately 22 miles
(mi) (35 kilometers [km]) northeast of Boston, Massachusetts. It is
located west (i.e., inshore) of the Stellwagen Bank National Marine
Sanctuary (NMS). The DP-vessel would be operating north and south buoy
are located 1.23 nautical miles (nm) (2.28 km) and 1.47 nm (2.72 km),
respectively, from the western edge of the Sanctuary in Federal waters
approximately 260 ft (79 m) in depth.
[[Page 71079]]
The hot tap is well inshore of the buoys in water approximately 122 ft
(37 m) in depth.
Dates and Duration
Any unscheduled maintenance and repair that may be required would
occur prior to decommissioning and last up to two weeks. No maintenance
or repair work is currently planned. Decommissioning will commence no
earlier than May 1, 2017, and will take up to 70 days.
Detailed Description of Activities
The notice of proposed IHA (81 FR 58478; August 25, 2016) contains
a detailed description of the proposed activities, including the type
of DP vessels planned for use and associated thruster operation
procedures. That information has not changed and is not repeated here.
Comments and Responses
A notice of Proposed IHA was published in the Federal Register on
August 25, 2016 (81 FR 58478) for public comment. During the 30-day
public comment period, NMFS received three comment letters from the
following: Marine Mammal Commission (MMC), U.S. Fish and Wildlife
Service (USFWS), and one private citizen.
All of the public comment letters received are available on the
internet at: https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
Following is a summary of the public comments and NMFS' responses.
Comment 1: The MMC believes the method NMFS used to estimate the
numbers of takes during the proposed activities, which summed fractions
of takes for each species across days, does not account for and negates
the intent of NMFS's 24-hour reset policy. As a solution, the MMC
recommended NMFS (1) apply a 24-hour reset policy for enumerating the
number of each species that could be taken during proposed activities,
(2) apply standard rounding rules before summing the numbers of
estimated takes across days, and (3) for species that have the
potential to be taken but model-estimated or calculated takes round to
zero, use group size to inform the take estimates.
Response: Calculating predicted take is not an exact science, and
there are arguments for taking different mathematical approaches in
different situations and for making qualitative adjustments in other
situations. NMFS is currently engaged in developing a protocol to guide
more consistent take calculation given certain circumstances. The
method for estimating take incidental to this action considered
duration of activities, marine mammal group size, and previous
monitoring reports. Therefore, we consider it appropriate. We do note
there was a mathematical error when calculating gray seal take numbers
and have decreased the authorized take number accordingly.
Comment 2: The USFWS service submitted comments indicating heavy
workload precluded the agency from reviewing the subject project and
providing comments; however, they recommended NMFS determine if the
action may affect any ESA-listed species or critical habitat under
USFWS jurisdiction.
Response: We searched the USFWS' Information for Planning and
Conservation Web site (https://ecos.fws.gov/ipac/) and determined that
no ESA-listed species under USFWS jurisdiction would be affected by the
proposed action. Therefore, no further action was necessary.
Comment 3: One private citizen submitted a comment that no work
should be permitted prior to May 1 and not after October 15.
Response: In accordance with the mitigation measures as a means of
effecting the least practicable adverse impact on marine mammals, all
planned work must occur between May 1 and November 1. This work window
was developed through intense investigation into marine mammal
abundance data and coordination with marine mammal experts in the
region such as the Stellwagen Bank NMS and NMFS Greater Atlantic
Regional Fisheries Office (GARFO). Unplanned maintenance and repair may
occur any time of the year; however, this is to allow immediate
response to emergency situations only.
Description of Marine Mammals in the Area of the Specified Activity
A description of marine mammal species authorized to be taken
incidental to DP vessel thruster use, including brief introductions to
the species, relevant stock status, distribution and local occurrence,
and population trends and threats, was provided in the Federal Register
notice for the proposed IHA (81 FR 58478; August 25, 2016). We are not
aware of any changes to this information; therefore, those descriptions
are not repeated here. In addition to the Federal Register notice,
general species accounts can also be found on NMFS' Office of Protected
Resources Web site (www.nmfs.noaa.gov/pr/species/mammals/). For
convenience, Table 1 provides an overview of marine mammals NMFS
authorized to be taken in the IHA, by Level B harassment only, during
the specific activities.
Table 1--Species Authorized To Be Taken in the IHA
[E = endangered, D = depleted, NL = not listed, ND = not depleted, unk = unknown]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Estimated
population
Common name Scientific name Stock Status (Waring et Occurrence
al., 2015)
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic right whale.......... Eubalaena glacialis.... Western Atlantic....... E, D................... 476 occasional.
Fin whale........................... Balaenoptera physalus.. Western North Atlantic. E, D................... 1,618 occasional.
Humpback whale...................... Megaptera novaeangliae. Gulf of Maine.......... E, D................... 823 occasional.
Minke whale......................... Balaenoptera Canadian East Coast.... NL, ND................. 20,741 occasional.
acutorostrata.
Sei whale........................... Balaenoptera borealis.. Novia Scotia........... E, D................... 357 occasional.
Atlantic white-sided dolphin........ Lagenorhynchus acutus.. Western North Atlantic. NL, ND................. 48,819 occasional.
Long-finned pilot whale............. Globicephala melas..... Western North Atlantic. NL, ND................. 26,535 occasional.
Harbor porpoise..................... Phocoena phocoena...... Gulf of Maine/Bay of NL, ND................. 79,883 not common.
Fundy.
Bottlenose dolphin.................. Tursiops truncatus..... Western North Offshore NL, ND................. 77,532 not common.
Atlantic.
Short beaked common dolphin......... Delphinus delphis...... Western North Atlantic. NL, ND................. 173,486 occasional.
Risso's dolphin..................... Grampus griseus........ Western North Atlantic. NL, ND................. 18,250 not common.
Killer whale........................ Orcinus orca........... Western North Atlantic. NL, ND................. unk not common.
Harbor seal......................... Phoca vitulina......... Western North Atlantic. NL, ND................. 75,834 occasional.
[[Page 71080]]
Grey seal........................... Halichoerus grypus..... Western North Atlantic. NL, ND................. unk occasional.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Potential Effects of the Specified Activity on Marine Mammals
The Federal Register notice of proposed authorization (81 FR 58478;
August 25, 2016) provides a background on sound characteristics
generated from the specified activity, a description of marine mammal
hearing, and the potential effects of the specified activity on marine
mammals. In summary, no Level A (injury) is anticipated due to Port
maintenance, repair and decommissioning nor are Level A takes
authorized in the IHA. Marine mammals may experience Level B harassment
in the form of masking or behavioral modifications (e.g., avoidance,
change in dive profiles); however, NMFS anticipates these impacts would
be limited in duration and not result in impact to annual rates of
recruitment or survival.
Anticipated Effects on Marine Mammal Habitat
NMFS concluded any impacts from Neptune's maintenance, repair, and
decommissioning activities to marine mammal habitat are expected to be
minor and not cause significant or long-term consequences for
individual marine mammals or populations. A description of effects on
marine mammal habitat from the specific activity is described in detail
in the Federal Register notice for the proposed IHA (81 FR 58478;
August 25, 2016). In summary, the benthic community and turbidity
levels at the buoys and hot tap during maintenance, repair, and
decommissioning work may be impacted. However, the impacts are expected
to be short-term, minor, and localized. No public comments were
received regarding impacts to marine mammal habitat from Port
maintenance, repair, and decommissioning. More specifically, because
the Port is now located in North Atlantic right whale critical habitat
(81 FR 4838; January 27, 2016), NMFS Office of Protected Resources
(OPR) consulted with NMFS Greater Atlantic Regional Office (GARFO) on
the effects of the specified activity on critical habitat under Section
7 of the Endangered Species Act (ESA). NMFS OPR made a ``no effect''
determination on North Atlantic right whale critical habitat. GARFO did
not object to this determination and issued an incidental take
statement (ITS) for the taking of marine mammals incidental to
Neptune's Port maintenance, repair, and decommissioning (see Endangered
Species Act section below). Finally, the Port is located within a
biologically important area (BIA) for North Atlantic right whale
foraging habitat from February through April, annually. Foraging BIAs
are defined as areas and months within which a particular species or
population selectively feeds. These may either be found consistently in
space and time, or may be associated with ephemeral features that are
less predictable but can be delineated and are generally located within
a larger identifiable area. However, because decommissioning would be
restricted from May-November, the timing of the activity would not
overlap in time with this BIA designation. While maintenance and repair
activities may overlap temporally, the impact on foraging habitat is
expected to be minor due to the short duration of the activity (no more
than 14 days), nature of the continuous sound produced at relatively
low received levels, and implementation of mitigation measures (e.g.,
reduce thruster power if whales are observed within 500 m of a DP
vessel).
Mitigation
In order to issue an incidental take authorization 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 adverse 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
The IHA contains a number of mitigation measures designed to
minimize the risk of marine mammal vessel interaction and exposure to
elevated noise levels. These measures resulted from extensive
coordination between Neptune, NMFS OPR, and the Stellwagen Bank NMS
during issuance of previous incidental take authorizations. The
mitigation measures include, but are not limited to, reducing vessel
speed to four knots and delaying departures from the buoys or hot tap
when a whale is visibly observed within 1,000 m or acoustically
detected on the two closest passive acoustic monitoring buoys; ceasing
vessel movement or idling and reducing thruster power to minimal safe
operating power when a whale is observed within 500 m of the vessel;
ceasing vessel movement or idling and reducing thruster power to
minimal safe operating power when a non-whale species is observed
within 100 m of the vessel; not transiting from shore to the project
site during nighttime or when visibility is reduced below 1,000 m; and
abiding by all reporting and vessel operation requirements contained
with the North Atlantic right whale ship strike rule (73 FR 60173;
October 10, 2008). A complete list of the mitigation measures can be
found within the IHA posted on NMFS Web site https://www.nmfs.noaa.gov/pr/permits/incidental.htm.
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 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
[[Page 71081]]
as other measures considered by NMFS, NMFS has determined the
mitigation measures included in the IHA 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
The proposed Federal Register notice (81 FR 58478; August 25, 2016)
includes a number of visual and acoustic monitoring measured designed
to effectively detect marine mammals within the Level B harassment zone
and determine if the required mitigation measures are triggered. The
final measures included in the IHA have not been altered from the
proposed IHA and are not repeated here. In summary, three protected
species observers (PSO) will be stationed aboard all DP vessels and an
acoustic array consisting of four autonomous recording units (ARUs)
will be deployed around the north and south buoys to assist in the
detection of marine mammals outside of visual sighting range; the ARUs
are capable of detecting North Atlantic right whale calls to
approximately 6-8 kms. These monitoring measures will ensure the
specific activity has the least practicable adverse impact on marine
mammals through visual and acoustic monitoring.
Reporting Measures
As part of the IHA, Neptune is required to submit an annual report
to NMFS containing information on marine mammal takes and behavior and
any mitigation actions taken. Neptune must submit a draft report on all
monitoring conducted under the IHA within ninety calendar days of the
completion of marine mammal and acoustic monitoring or sixty days prior
to the issuance of any subsequent IHA for this project, whichever comes
first. A final report shall be prepared and submitted within thirty
days following resolution of comments on the draft report from NMFS.
The information required in the report is provided in the Federal
Register notice (81 FR 58478; August 25, 2016) for the proposed IHA and
is not repeated here.
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).
When Neptune's mitigation is considered in combination with the
fact that marine mammals would not be expected to remain around the
stationary DP vessel for the duration needed to be exposed to sound
levels that reach or exceed Level A harassment thresholds, NMFS
believes that injury is unlikely.
Amount of Take Authorized
As described in the proposed IHA Federal Register notice (81 FR
58478; August 25, 2016), Neptune proposed, and NMFS issued, take, by
Level B harassment, of marine mammals based on marine mammals stock
density, the extent of the largest ZOI (37.4 km\2\), and the maximum
number of days Neptune would operate DP vessel thrusters to facilitate
maintenance and repair (14 days) and decommissioning (70 days). For
continuous sounds, such as those produced by DP vessel thrusters, NMFS
used a received level of 120 dB re 1 [mu]Pa (rms) to indicate the onset
of potential for Level B harassment. Table 2 includes the authorized
amount of take of marine mammals, by species, incidental to the
specified activity.
Table 2--Authorized Take of Marine Mammals, by Species, Incidental to the Specified Activity
[Unk = unknown]
----------------------------------------------------------------------------------------------------------------
Estimated
population Estimated
Species (Waring et Density takes % population
al., 2015)
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale (Eubalaena glacialis) 476 0.000017 2 0.21
Fin whale (Balaenoptera physalus)............... 1,618 0.0034 12 0.12
Humpback whale (Megaptera novaeangliae)......... 823 0.0032 10 0.22
[[Page 71082]]
Minke whale (Balaenoptera acutorostrata)........ 20,741 0.0033 11 0.009
Sei whale (Balaenoptera borealis)............... 357 0.000036 2 0.28
Atlantic white-sided dolphin (Lagenorhynchus 48,819 0.039 124 0.043
acutus)........................................
Long-finned pilot whale (Globicephala melas).... 26,535 0.0019 8 0.035
Harbor porpoise (Phocoena phocoena)............. 79,883 0.104 328 0.068
Bottlenose dolphin (Tursiops truncatus)......... 77,532 0.003 10 0.002
Short beaked common dolphin (Delphinus delphis). 173,486 0.0071 * 270 0.002
Risso's dolphin (Grampus griseus)............... 18,250 0.000044 2 0.005
Killer whale (Orcinus orca)..................... unk 0.0000089 2 unk
Harbor seal (Phoca vitulina).................... 75,834 0.097 305 0.067
Gray sea (Halichoerus grypus)................... unk 0.027 86 unk
----------------------------------------------------------------------------------------------------------------
* Although the method used to calculate take results in an estimated take of 23 common dolphins, this species
travels in large aggregations. Therefore, NMFS is proposing to authorize take based on two encounters of a
group size documented within the ZOI in Neptune's monitoring reports (i.e., 135 x 2).
Technical Guidance for Assessing the Effects of Anthropogenic Sound on
Marine Mammal Hearing
In August 2016, NMFS released its Technical Guidance for Assessing
the Effects of Anthropogenic Sound on Marine Mammal Hearing, which
established new thresholds for predicting auditory injury, which
equates to Level A harassment under the MMPA. In the August 4, 2016,
Federal Register notice announcing the Guidance (81 FR 51694), NMFS
explained the approach it would take during a transition period,
wherein we balance the need to consider this new best available science
with the fact that some applicants have already committed time and
resources to the development of acoustic analyses based on our previous
thresholds and have constraints that preclude the recalculation of take
estimates, as well as consideration of where the agency is in the
decision-making pipeline. In the Federal Register notice, we also
included a non-exhaustive list of factors that would inform the most
appropriate approach for considering the Guidance, including: How far
in the MMPA process the applicant has progressed; the scope of the
effects; when the authorization is needed; the cost and complexity of
the analysis; and the degree to which the Guidance is expected to
affect our analysis.
In the Guidance, acoustic thresholds are presented as cumulative
sound exposure levels (SELcum) for non-impulsive sound such
as that from DP vessel thrusters. This metric considers both the
received level (dB) and duration of exposure. To account for the fact
that marine mammals potentially taken by the specified activity fall
into one of four hearing group categories (low-frequency, mid-
frequency, and high-frequency cetaceans and phocid pinnipeds), the
Guidance incorporates auditory weighting functions. NMFS considered the
DP vessel sound source level (177dB rms), frequency, and potential
exposure duration to assess potential for Level A take. When Neptune's
mitigation is considered in combination with the fact that many marine
mammals would be expected to avoid making close approaches to the DP
vessel (a stationary acoustic source), we believe that injury is
unlikely. In summary, we have considered the new Guidance and believe
that the likelihood of injury is adequately addressed in the analysis
and appropriate protective measures are in place in the IHA.
Analysis and 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). The lack of
likely adverse effects on annual rates of recruitment or survival
(i.e., population level effects) forms the basis of a negligible impact
finding. Thus, an estimate of the number of takes, alone, is not enough
information on which to base an impact determination. In addition to
considering estimates of the number of marine mammals that might be
``taken'' through 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, effects on habitat, and the status of the species.
To avoid repetition, except where otherwise identified, the
discussion of our analyses applies to all the species listed in Table 2
given that the anticipated effects of this project on marine mammals
are expected to be relatively similar in nature. Where there is
information about specific impacts to, or about the size, status, or
structure of, any species or stock that would lead to a different
analysis for this activity, species-specific factors are identified and
analyzed.
In making a negligible impact determination, NMFS considers:
The number of anticipated injuries, serious injuries, or
mortalities;
The number, nature, and intensity, and duration of Level B
harassment; and
The context in which the takes occur (e.g., impacts to
areas of significance, impacts to local populations, and cumulative
impacts when taking into account successive/contemporaneous actions
when added to baseline data);
The status of stock or species of marine mammals (i.e.,
depleted, not depleted, decreasing, increasing, stable, impact relative
to the size of the population);
Impacts on habitat affecting rates of recruitment/
survival; and
The effectiveness of monitoring and mitigation measures to
reduce the number or severity of incidental take.
The following provides a summary of NMFS' assessment of these
items. NMFS does not anticipate, nor does the IHA authorize, injury,
serious injury or mortality of marine mammals incidental to the
specified activity. For reasons detailed in the Federal Register notice
[[Page 71083]]
for the proposed IHA (81 FR 58478; August 25, 2016), NMFS has
determined the effects of the specified activity on marine mammals will
be limited to short-term behavioral modifications such as avoidance of
the area where DP vessels are operating thrusters and changes in swim
speeds and dive profiles. In addition, some masking could occur. The
mitigation measures, such as restricting decommissioning work until
peak North Atlantic right whale season is over and reducing thruster
power when marine mammals are within 500 m of the vessel, are designed
to further minimize the intensity of the anticipated effects. With
respect to stock status, three of the fourteen species authorized to be
taken are listed under the ESA. On September 8, 2016, humpback whales
present in the action area (West Indies distinct population segment)
were delisted under the ESA (81 FR 62260); no MMPA designation
(depleted or not depleted) has been assigned to this stock. With
respect to habitat, the Port is within North Atlantic right whale
critical habitat while Massachusetts Bay, including the Port, is a
designated biological important area (BIA) for North Atlantic right
whale foraging from February through April. However, as described in
the proposed IHA Federal Register notice (81 FR 58478; August 25, 2016)
and the Impacts to Marine Mammal Habitat section in this document,
adverse impacts to habitat, including prey availability, is anticipated
to be short-term and minor, if any, due to temporal restrictions on
decommissioning activities (limited to May-November), nature of sound
produced at relatively low received levels, and implementation of
mitigation measures (e.g., reduce thruster power if whales are observed
within 500 m of a DP vessel). Finally, the IHA contains a number of
mitigation measures designed to reduce impacts to marine mammals.
Monitoring for marine mammals to trigger these mitigation measures is
greatly improved from the requirements to employ two daylight and one
nighttime protected marine observers and carry out passive acoustic
monitoring.
In summary, the taking of marine mammals is anticipated to produce
short-term mild behavioral reactions in marine mammals exposed to
elevated noise levels and is not reasonably expected to, and is not
reasonably likely to, adversely affect the species or stock through
effects on annual rates of recruitment or survival. Therefore, NMFS has
determined the specified activity would have a negligible impact on the
affected marine mammal species and stocks.
Small Numbers Analysis
The authorized takes represent less than one percent of all
populations or stocks for which NMFS was able to quantify the estimated
percentage, and we have determined that a small fraction of affected
killer whales and grey seal stocks will be taken based on our
qualitative assessments (see Table 2 in this document). As such, we
find the numbers of marine mammals estimated to be taken are small
proportions of the total 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, we have determined that the total taking of
affected species or stocks would not have an unmitigable adverse impact
on the availability of such species or stocks for taking for
subsistence purposes.
Endangered Species Act
On January 12, 2007, NMFS concluded consultation with Maritime
Administration (MARAD) and U.S. Coast Guard (USCG) under section 7 of
the ESA on the proposed construction and operation of the Neptune LNG
facility and issued a Biological Opinion. The finding of that
consultation was the construction and operation of the Neptune LNG
terminal may adversely affect, but is not likely to jeopardize the
continued existence of, North Atlantic right, humpback, and fin whales,
and is not likely to adversely affect sperm, sei, or blue whales and
Kemp's ridley, loggerhead, green, or leatherback sea turtles. The
Biological Opinion concluded decommissioning activities would not
likely adversely affect marine mammals; however, the analysis was
limited to actual work (e.g., removing the pipeline). The use of DP
vessel thrusters was not included in that analysis.
On March 2, 2010, MARAD and USCG sent a letter to NMFS requesting
reinitiation of section 7 consultation because MARAD and USCG
determined that certain routine planned operations and maintenance
activities, inspections, surveys, and unplanned repair work on the Port
pipelines and flowlines, as well as any other Port component (including
buoys, risers/umbilicals, mooring systems, and sub-sea manifolds), may
constitute a modification not previously considered in the 2007
Biological Opinion. On July 12, 2010, NMFS' Northeast Regional Office
(now GARFO) issued a Biological Opinion, which concludes the operation,
maintenance, and repair of the Port is likely to adversely affect, but
is not likely to jeopardize the continued existence of, North Atlantic
right, humpback, fin, and sei whales. NMFS reached this conclusion
after reviewing the best available information on the status of
endangered and threatened species under NMFS jurisdiction, the
environmental baseline for the action area, the effects of the action,
and the cumulative effects in the action area. The Biological Opinion
also considered the effects of incidental take authorizations issued by
NMFS to Neptune under the MMPA for the take of marine mammals
incidental to Port operation, maintenance, repairs. Again, the
Biological Opinion concluded decommissioning activities would not
likely adversely affect marine mammals; however, the analysis was
limited to actual work (e.g., removing the pipeline). That is, the use
of DP vessel thrusters was not included in the decommissioning
analysis, only for operation, maintenance, and repair. As such, NMFS
requested consultation under Section 7 of the ESA with GARFO on the
issuance of an IHA to Neptune for take of marine mammals incidental to
decommissioning. GARFO concluded there would not be effects beyond
those previously considered because the take of marine mammal
incidental to thruster use was fully considered in the 2010 Biological
Opinion. As a result, GARFO concluded that re-initiation of section 7
consultation was not necessary and subsequently issued an Incidental
Take Statement.
National Environmental Policy Act (NEPA)
MARAD and the USCG released a Final EIS/Environmental Impact Report
(EIR) for the Port, publishing a notice of availability of the Final
EIS/EIR on November 2, 2006 (71 FR 64606). The Final EIS/EIR provides
detailed information on the proposed project facilities, construction,
operation, and decommissioning activities, and analysis of potential
impacts on marine mammals.
NMFS was a cooperating agency in the preparation of the Draft and
Final EIS based on a Memorandum of Understanding related to the
Licensing of Deepwater Ports entered into by the U.S. Department of
Commerce along with 10 other government agencies. On June 3, 2008, NMFS
adopted the USCG and MARAD FEIS and issued a separate Record of
Decision for previous issuance of authorizations pursuant to sections
101(a)(5)(A) and (D) of the
[[Page 71084]]
MMPA for the construction and operation of the Neptune LNG Port
facility. For the subject IHA, NMFS reviewed the FEIS to ensure that
the analysis contained in that document accurately describes and
analyzes the impacts to the human environment of NMFS' action of
issuing an MMPA authorization for the maintenance, repair, and
decommissioning of the Neptune Port. NMFS has determined that the FEIS
sufficiently covers the activities considered in the subject IHA. NMFS
issued an amended Record of Decision for issuance of authorizations
pursuant to sections 101(a)(5)(D) of the MMPA specific to maintenance,
repair, and decommissioning.
Authorization
NMFS has issued an IHA to Neptune for the potential harassment of
small numbers of 14 marine mammal species incidental to maintenance,
repair, and decommissioning of their Port in Massachusetts Bay], which
includes required mitigation, monitoring and reporting measures.
Dated: October 7, 2016.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2016-24850 Filed 10-13-16; 8:45 am]
BILLING CODE 3510-22-P
