Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of New Jersey, 20563-20587 [2017-08918]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 82, Number 84 (Wednesday, May 3, 2017)]
[Notices]
[Pages 20563-20587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-08918]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN: 0648-XF286


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Site Characterization Surveys Off 
the Coast of New Jersey

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments.

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SUMMARY: NMFS has received an application from Ocean Wind, LLC (Ocean 
Wind), for an Incidental Harassment Authorization (IHA) to take marine 
mammals, by harassment, incidental to high-resolution geophysical (HRG) 
and geotechnical survey investigations associated with marine site 
characterization activities off the coast of New Jersey in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0498) (Lease Area). 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an IHA to Ocean Wind to incidentally 
take marine mammals during the specified activities.

DATES: Comments and information must be received no later than June 2, 
2017.

ADDRESSES: Comments on Ocean Wind's IHA application should be addressed 
to Jolie Harrison, Chief, Permits and Conservation Division, Office of 
Protected Resources, National Marine Fisheries Service, 1315 East-West 
Highway, Silver Spring, MD 20910. The mailbox address for providing 
email comments is itp.mccue@noaa.gov.
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic comments will be accepted in Microsoft Word or Excel or 
Adobe PDF file formats only. All comments received are a part of the 
public record and will generally be posted to the Internet at 
www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm without 
change. All personal identifying information (e.g., name, address) 
voluntarily submitted by the commenter may be publicly accessible. Do 
not submit confidential business information or otherwise sensitive or 
protected information.

FOR FURTHER INFORMATION CONTACT: Laura McCue, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the applications 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. In case of problems accessing these 
documents, please call the contact listed above.

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'' as an impact resulting from 
the specified activity that cannot be reasonably expected to, and is 
not reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine

[[Page 20564]]

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).

National Environmental Policy Act

    To comply with the National Environmental Policy Act of 1969 (NEPA; 
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A, 
NMFS must review our proposed action with respect to environmental 
consequences on the human environment.

Summary of Request

    NMFS received a request from Ocean Wind for an IHA to take marine 
mammals incidental to Spring 2017 geophysical survey investigations off 
the coast of New Jersey in the OCS-A 0498 Lease Area, designated and 
offered by the U.S. Bureau of Ocean Energy Management (BOEM), to 
support the development of an offshore wind project. Ocean Wind's 
request was for harassment only, and NMFS concurs that mortality is not 
expected to result from this activity; therefore, an IHA is 
appropriate.
    The proposed geophysical survey activities would occur for 42 days 
beginning in early June 2017, and geotechnical survey activities would 
take place in September 2017 and last for approximately 12 days. The 
following specific aspects of the proposed activities are likely to 
result in the take of marine mammals: Shallow and medium-penetration 
sub-bottom profilers (chirper and sparker) used during the HRG survey, 
and dynamically-positioned (DP) vessel thruster used in support of 
geotechnical survey activities. Take, by Level B Harassment only, of 
individuals of five species of marine mammals is anticipated to result 
from the specified activities. No serious injury or mortality is 
expected from Ocean Wind's HRG and geotechnical surveys.

Description of the Specified Activity

Overview

    Ocean Wind proposes to conduct a geophysical and geotechnical 
survey off the coast of New Jersey in the Lease Area to support the 
characterization of the existing seabed and subsurface geological 
conditions in the Lease Area. This information is necessary to support 
the siting, design, and deployment of up to two meteorological data 
collection buoys called floating light and detection ranging buoys 
(FLIDARs) and up to two metocean and current buoys, as well as to 
obtain a baseline assessment of seabed/sub-surface soil conditions in 
the Lease Area to support the siting of the proposed wind farm. Surveys 
will include the use of the following equipment: Multi-beam depth 
sounder, side-scan sonar, sub-bottom profiler, and cone penetration 
tests (CPTs).

Dates and Duration

    HRG surveys are anticipated to commence in early June 2017 and will 
last for approximately 42 days, including estimated weather down time. 
Geotechnical surveys requiring the use of the DP drill ship will take 
place in September 2017, at the earliest, and will last for 
approximately 12 days excluding weather downtime. Equipment is expected 
run continuously for 24 hours per day.

Specified Geographic Region

    Ocean Wind's survey activities will occur in the approximately 
160,480-acre Lease Area designated and offered by the BOEM, located 
approximately nine miles (mi) southeast of Atlantic City, New Jersey, 
at its closest point (see Figure 1 of the IHA application). The Lease 
Area falls within the New Jersey Wind Energy Area (NJ WEA; Figure 1-1 
of the IHA application) with water depths ranging from 15-40 meters (m) 
(49-131 feet (ft)).

Detailed Description of Specific Activities

HRG Survey Activities
    Marine site characterization surveys will include the following HRG 
survey activities:
     Depth sounding (multibeam depth sounder) to determine 
water depths and general bottom topography;
     Magnetic intensity measurements for detecting local 
variations in regional magnetic field from geological strata and 
potential ferrous objects on and below the bottom;
     Seafloor imaging (sidescan sonar survey) for seabed 
sediment classification purposes, to identify natural and man-made 
acoustic targets resting on the bottom as well as any anomalous 
features;
     Shallow penetration sub-bottom profiler (chirper) to map 
the near surface stratigraphy (top 0-5 meter (m) soils below seabed); 
and
     Medium penetration sub-bottom profiler (sparker) to map 
deeper subsurface stratigraphy as needed (soils down to 75-100 m below 
seabed).
    The HRG surveys are scheduled to begin, at the earliest, on June 1, 
2017. Table 1 identifies the representative survey equipment that is 
being considered in support of the HRG survey activities. The make and 
model of the listed HRG equipment will vary depending on availability 
but will be finalized as part of the survey preparations and contract 
negotiations with the survey contractor. The final selection of the 
survey equipment will be confirmed prior to the start of the HRG survey 
program. Only the make and model of the HRG equipment may change, not 
the types of equipment or the addition of equipment with 
characteristics that might have effects beyond (i.e., resulting in 
larger ensonified areas) those considered in this proposed IHA. None of 
the proposed HRG survey activities will result in the disturbance of 
bottom habitat in the Lease Area.

                                                    Table 1--Summary of Proposed HRG Survey Equipment
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Source level          Source level (bay       Beamwidth          Pulse duration
            HRG equipment              Operating frequencies       (manufacturer)       state wind survey) *      (degree)             (millisec)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sonardyne Ranger 2 USBL.............  35-50 kHz..............  200 dBPeak............  194 dBPeak............             180  1.
Klein 3000H Sidescan Sonar \1\......  445/900 kHz............  245 dBPeak............  n/a...................             0.2  0.0025 to 0.4.
GeoPulse Sub-bottom Profiler          1.5 to 18 kHz..........  223.5 dBPeak..........  203 dBPeak............              55  0.1 to 22.
 (chirper).
Geo-Source 600/800 (sparker)........  50 to 5000 Hz..........  222 dBPeak/ 223 dBPeak  2016 dBPeak/212 dBPeak             110  1 to 10.
SeaBat 7125 Multibeam Sonar \2\.....  200/400 kHz............  220 dBPeak............  n/a...................               2  0.03 to .3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Gardline 2016, 2017.
\1\ It should be noted that only one of the representative sidescan sonars would be selected for deployment.
\2\ It should be noted that only one of the representative multibeam sonars would be selected for deployment.


[[Page 20565]]

    The HRG survey activities will be supported by a vessel 
approximately 98 to 180 feet (ft) in length and capable of maintaining 
course and a survey speed of approximately 4.5 knots while transiting 
survey lines. HRG survey activities across the Lease Area will 
generally be conducted at 900-meter (m) line spacing. Up to two FLIDARs 
and two wave buoys would be deployed within the Lease Area, and up to 
three potential locations for FLIDAR deployment will be investigated. 
At each FLIDAR and wave buoy deployment locations, the survey will be 
conducted along a tighter 30-m line spacing to meet the BOEM 
requirements as set out in the July 2015 Guidelines for Providing 
Geophysical, Geotechnical, and Geohazard Information Pursuant and 
Archeological and Historic Property Information in 30 CFR part 585.
    Given the size of the Lease Area (160,480 acres), to minimize cost, 
the duration of survey activities, and the period of potential impact 
on marine species, Ocean Wind has proposed conducting continuous HRG 
survey operations 24 hours per day. Based on 24-hour operations, the 
estimated duration of the survey activities would be approximately 42 
days (including estimated weather down time).
    Both NMFS and BOEM have advised that the deployment of HRG survey 
equipment, including the use of intermittent, impulsive sound-producing 
equipment operating below 200 kilohertz (kHz) (e.g., sub-bottom 
profilers), has the potential to cause acoustic harassment to marine 
mammals. Based on the frequency ranges of the equipment to be used in 
support of the HRG survey activities (Table 1) and the hearing ranges 
of the marine mammals that have the potential to occur in the Lease 
Area during survey activities (Table 3), only the sub-bottom profilers 
(GeoPulse Sub-bottom Profiler and Geo-Source sparker) and Sonardyne 
Ranger 2 USBL fall within the established marine mammal hearing ranges 
and have the potential to result in Level B harassment of marine 
mammals. However, since the sparker systems and USBL will be used 
concurrently, and the sparkers are louder, only the sparkers will be 
used in the take analysis.
    The equipment positioning systems use vessel-based underwater 
acoustic positioning to track equipment (in this case, the sub-bottom 
profiler) in very shallow to very deep water. Equipment positioning 
systems will be operational at all times during HRG survey data 
acquisition (i.e, concurrent with the sub-bottom profiler operation). 
Sub-bottom profiling systems identify and measure various marine 
sediment layers that exist below the sediment/water interface. A sound 
source emits an acoustic signal vertically downwards into the water and 
a receiver monitors the return signal that has been reflected off the 
sea floor. Some of the acoustic signal will penetrate the seabed and be 
reflected when it encounters a boundary between two layers that have 
different acoustic impedance. The system uses this reflected energy to 
provide information on sediment layers beneath the sediment-water 
interface. A shallow penetration sub-bottom profiler will be used to 
map the near surface stratigraphy of the Lease Area. A Geo-Source 200/
800, or similar model, medium-penetration sub-bottom profiler (sparker) 
will be used to map deeper subsurface stratigraphy in the Lease Area as 
needed (soils down to 75-100 m below seabed). The sparker is towed from 
a boom arm off the side of the survey vessel and emits a downward pulse 
with a duration of 1 to 2 millisecond (ms) at an operating frequency of 
50 to 5000 Hertz (Hz).
Geotechnical Survey Activities
    Marine site characterization surveys will involve the following 
geotechnical survey activities:
     Sample boreholes to determine geological and geotechnical 
characteristics of sediments;
     Deep CPTs to determine stratigraphy and in-situ conditions 
of the deep surface sediments; and
     Shallow CPTs to determine stratigraphy and in-situ 
conditions of the near surface sediments.
    It is anticipated that the geotechnical surveys will take place no 
sooner than September 2017. The geotechnical survey program will 
consist of up to 8 deep sample bore holes and adjacent 8 deep CPTs both 
to a depth of approximately 130 ft to 200 ft (40 m to 60 m) below the 
seabed, as well as 30 shallow CPTs, up to 130 ft (40 m) below seabed.
    The investigation activities are anticipated to be conducted from a 
250-ft to 350-ft (76 m to 107 m) DP drill ship. DP vessel thruster 
systems maintain their precise coordinates in waters with automatic 
controls. These control systems use variable levels of power to counter 
forces from current and wind. Operations will take place over a 24-hour 
period to ensure cost, the duration of survey activities, and the 
period of potential impact on marine species are minimized. Based on 
24-hour operations, the estimated duration of the geotechnical survey 
activities would be approximately 12 days excluding weather downtime. 
Estimated weather downtime is approximately 10 days.
    Field studies conducted off the coast of Virginia (Tetra Tech 2014) 
to determine the underwater noise produced by borehole drilling and 
CPTs confirm that these activities do not result in underwater noise 
levels that are harmful or harassing to marine mammals (i.e., do not 
exceed NMFS' current Level A and Level B harassment thresholds for 
marine mammals). However, the initial field verification conducted for 
the Bay State Wind Lease Area indicates that Level B harassment of 
marine mammals is likely at approximately 590 ft (180 m) from the DP 
thruster sound source (Gardline 2016). The underwater continuous noise 
produced by the thrusters associated with the DP drill ship that will 
be used to support the geotechnical activities has the potential to 
result in Level B harassment of marine mammals.
    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in the document (Mitigation section and 
Monitoring and Reporting section).

Description of Marine Mammals in the Area of the Specified Activity

    There are 35 species of marine mammals that potentially occur in 
the Northwest Atlantic OCS region (BOEM 2014) (Table 2). The majority 
of these species are pelagic and/or northern species, or are so rarely 
sighted that their presence in the Lease Area is unlikely. Five marine 
mammal species are listed under the Endangered Species Act (ESA) and 
are known to be present, at least seasonally, in the waters off the 
Northwest Atlantic OCS: Blue whale, fin whale, right whale, sei whale, 
and sperm whale. These species are highly migratory and do not spend 
extended periods of time in a localized area. The waters off the 
Northwest Atlantic OCS (including the Lease Area) are primarily used as 
a stopover point for these species during seasonal movements north or 
south between important feeding and breeding grounds. While fin whales 
have the potential to occur within the Lease Area, the sperm, blue, and 
sei whales are more pelagic and/or northern species, and although their 
presence within the Lease Area is possible, they are considered less 
common with regards to sightings. In particular, while sperm whales are 
known to occur occasionally in the region, their sightings are 
considered rare and thus their presence in the Lease Area at the time 
of the proposed activities is considered unlikely. These large whale 
species are generally migratory and typically do not spend

[[Page 20566]]

extended periods of time in a localized area. The waters of the Mid-
Atlantic (including the Lease Area) are primarily used as areas where 
animals occur seasonally to feed, or as habitat during seasonal 
movements between the more northward feeding areas and southern 
hemisphere breeding grounds typically used by some of the large whale 
species. The mid-sized whale species (minke), large baleen whales, and 
the sperm whale are present year-round in the continental shelf and 
slope waters and may occur in the waters of the Lease Area though 
movements will vary with prey availability and other habitat factors. 
North Atlantic right whales do occur seasonally in the area; however, 
we did not calculate take for this species based on the low seasonal 
density and short duration of project activities. Because the potential 
for sperm whale, blue whale, and sei whale to occur within the Lease 
Area during the marine survey period is unlikely, these species will 
not be described further in this analysis.
    Because the potential for many of the odontocete species to occur 
within the Lease Area during the marine survey period is unlikely, 
given that these species are either extralimital or are found more 
often offshore and do not occur as often on the outer continental 
shelf, these species will not be described further in this analysis. 
Bottlenose dolphins, short-beaked common dolphin, and harbor porpoise, 
however, do occur in the lease area, and are described below.\3\
    While stranding data indicate that gray seals have the potential to 
occur within the Lease Area, multiple sources indicate that their 
presence would not be likely within the Lease Area. BOEM (2012) 
indicates that the presence of gray seals would not be likely. 
Furthermore, Northeast Navy Operations Area (OPAREA) Density Estimates 
indicate that data for gray seals in the Mid-Atlantic are so lacking 
that density estimates for this species are not possible (DoN 2007). 
Therefore, gray seals will not be described further in this analysis.
    We have reviewed Ocean Wind's species information--which summarizes 
available information regarding status and trends, distribution and 
habitat preferences, behavior and life history, and auditory 
capabilities of the potentially affected species--for accuracy and 
completeness and refer the reader to Sections 3 and 4 of the 
applications, as well as to NMFS' Stock Assessment Reports (SAR; 
www.nmfs.noaa.gov/pr/sars/), instead of reprinting all of the 
information here. Additional general information about these species 
(e.g., physical and behavioral descriptions) may be found on NMFS's Web 
site (www.nmfs.noaa.gov/pr/species/mammals/). Table 2 lists all species 
with expected potential for occurrence in the NE Atlantic OCS and 
summarizes information related to the population or stock, including 
potential biological removal (PBR), where known. For taxonomy, we 
follow Committee on Taxonomy (2016). PBR, defined by the MMPA as the 
maximum number of animals, not including natural mortalities, that may 
be removed from a marine mammal stock while allowing that stock to 
reach or maintain its optimum sustainable population, is considered in 
concert with known sources of ongoing anthropogenic mortality to assess 
the population-level effects of the anticipated mortality from a 
specific project (as described in NMFS's SARs). While no mortality is 
anticipated or authorized here, PBR and annual serious injury and 
mortality are included here as gross indicators of the status of the 
species and other threats. For status of species, we provide 
information regarding U.S. regulatory status under the MMPA and ESA.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study area. NMFS's stock 
abundance estimates for most species represent the total estimate of 
individuals within the geographic area, if known, that comprises that 
stock. For some species, this geographic area may extend beyond U.S. 
waters. Survey abundance (as compared to stock or species abundance) is 
the total number of individuals estimated within the survey area, which 
may or may not align completely with a stock's geographic range as 
defined in the SARs. These surveys may also extend beyond U.S. waters.
    Five species are considered to have the potential to co-occur with 
the proposed survey activities: Fin whale (Balaenoptera physalus), 
bottlenose dolphin (Tursiops truncatus), short-beaked common dolphin 
(Delphinus delphis), harbor porpoise (Phocoena phocoena), and harbor 
seal (Phoca vitulina) (Right Whale Consortium 2016). All managed stocks 
in this region are assessed in NMFS's U.S. 2016 Atlantic SARs and can 
be found here: https://www.nmfs.noaa.gov/pr/species/. All values 
presented in Table 2 are the most recent available at the time of 
publication and are available in the draft 2016 SARs.

               Table 2--Marine Mammals Known To Occur in the Waters Off the Northwest Atlantic OCS
----------------------------------------------------------------------------------------------------------------
                                                  NMFS  MMPA    Stock abundance
                                                    and ESA        (CV, Nmin,                     Occurrence and
         Common name                Stock           status;       most recent        PBR \3\      seasonality in
                                                strategic  (Y/     abundance                         the  NW
                                                    N) \1\        survey) \2\                      Atlantic OCS
----------------------------------------------------------------------------------------------------------------
                                           Toothed whale (Odontoceti)
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin   W. North         -; N            48,819 (0.61;               304  rare.
 (Lagenorhynchus acutus).       Atlantic.                        30,403;
                                                                 n/a)..........
Atlantic spotted dolphin       W. North         -; N            44,715 (0.43;               316  rare.
 (Stenella frontalis).          Atlantic.                        31,610;
                                                                n/a)...........
Bottlenose dolphin (Tursiops   W. North         -; N            77,532 (0.40;               561  Common year
 truncatus).                    Atlantic,                        56,053; 2011).                   round.
                                Offshore.
Clymene Dolphin (Stenella      W. North         -; N            Unknown (unk;             Undet  rare.
 clymene).                      Atlantic.                        unk;
                                                                 n/a)..........
Pantropical Spotted Dolphin    W. North         -; N            3,333 (0.91;                 17  rare.
 (Stenella attenuata).          Atlantic.                        1,733; n/a).
Risso's dolphin (Grampus       W. North         -; N            18,250 (0.46;               126  rare.
 griseus).                      Atlantic.                        12,619;
                                                                n/a)...........

[[Page 20567]]

 
Short-beaked common dolphin    W. North         -; N            70,184 (0.28;               557  Common year
 (Delphinus delphis).           Atlantic.                        55,690; 2011).                   round.
Striped dolphin (Stenella      W. North         -; N            54,807 (0.3;                428  rare.
 coeruleoalba).                 Atlantic.                        42,804;
                                                                 n/a)..........
Spinner Dolphin (Stenella      W. North         -; N            Unknown (unk;             Undet  rare.
 longirostris).                 Atlantic.                        unk;
                                                                 n/a)..........
White-beaked dolphin           W. North         -; N            2,003 (0.94;                 10  rare.
 (Lagenorhynchus albirostris).  Atlantic.                        1,023; n/a).
Harbor porpoise (Phocoena      Gulf of Maine/   -; N            79,833 (0.32;               706  Common year
 phocoena).                     Bay of Fundy.                    61,415; 2011).                   round.
Killer whale (Orcinus orca)..  W. North         -; N            Unknown (unk;             Undet  rare.
                                Atlantic.                        unk;
                                                                 n/a)..........
False killer whale (Pseudorca  W. North         -; Y            442 (1.06; 212;             2.1  rare.
 crassidens).                   Atlantic.                        n/a).
Long-finned pilot whale        W. North         -; Y            5,636 (0.63;                 35  rare.
 (Globicephala melas).          Atlantic.                        3,464; n/a).
Short-finned pilot whale       W. North         -; Y            21,515 (0.37;               159  rare.
 (Globicephala macrorhynchus).  Atlantic.                        15,913;
                                                                n/a)...........
Sperm whale (Physeter          North Atlantic.  E; Y            2,288 (0.28;                3.6  Year round in
 macrocephalus).                                                 1,815; n/a).                     continental
                                                                                                  shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.
Pygmy sperm whale (Kogia       W. North         -; N            3,785 \b\                    26  rare.
 breviceps).                    Atlantic.                        (0.47; 2,598;
                                                                 n/a).
Dwarf sperm whale (Kogia       W. North         -; N            3,785 \b\                    26  rare.
 sima).                         Atlantic.                        (0.47; 2,598;
                                                                 n/a).
Cuvier's beaked whale          W. North         -; N            6,532 (0.32;                 50  rare.
 (Ziphius cavirostris).         Atlantic.                        5,021; n/a).
Blainville's beaked whale      W. North         -; N            7,092 \c\                    46  rare.
 (Mesoplodon densirostris).     Atlantic.                        (0.54; 4,632;
                                                                 n/a).
Gervais' beaked whale          W. North         -; N            7,092 \c\                    46  rare.
 (Mesoplodon europaeus).        Atlantic.                        (0.54; 4,632;
                                                                 n/a).
True's beaked whale            W. North         -; N            7,092 \c\                    46  rare.
 (Mesoplodon mirus).            Atlantic.                        (0.54; 4,632;
                                                                 n/a).
Sowerby's Beaked Whale         W. North         -; N            7,092 \c\                    46  rare.
 (Mesoplodon bidens).           Atlantic.                        (0.54; 4,632;
                                                                 n/a).
Melon-headed whale             W. North         -; N            Unknown (unk;             Undet  rare.
 (Peponocephala electra).       Atlantic.                        unk;
                                                                 n/a)..........
----------------------------------------------------------------------------------------------------------------
                                            Baleen whales (Mysticeti)
----------------------------------------------------------------------------------------------------------------
Minke whale (Balaenoptera      Canadian East    -; N            2,591 (0.81;                162  Year round in
 acutorostrata).                Coast.                           1,425; n/a).                     continental
                                                                                                  shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.
Blue whale (Balaenoptera       W. North         E; Y            Unknown (unk;               0.9  Year round in
 musculus).                     Atlantic.                        440;                             continental
                                                                 n/a)..........                   shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.
Fin whale (Balaenoptera        W. North         E; Y            1,618 (0.33;                2.5  Year round in
 physalus).                     Atlantic.                        1,234; n/a).                     continental
                                                                                                  shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.
Humpback whale (Megaptera      Gulf of Maine..  -; N            823 (0; 823; n/             2.7  Common year
 novaeangliae).                                                  a).                              round.
North Atlantic right whale     W. North         E; Y            440 (0; 440; n/               1  Year round in
 (Eubalaena glacialis).         Atlantic.                        a).                              continental
                                                                                                  shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.

[[Page 20568]]

 
Sei whale (Balaenoptera        Nova Scotia....  E; Y            357 (0.52; 236;             0.5  Year round in
 borealis).                                                      n/a).                            continental
                                                                                                  shelf and
                                                                                                  slope waters,
                                                                                                  occur
                                                                                                  seasonally to
                                                                                                  forage.
----------------------------------------------------------------------------------------------------------------
                                            Earless seals (Phocidae)
----------------------------------------------------------------------------------------------------------------
Gray seals (Halichoerus        North Atlantic.  -; N            505,000 (unk;             Undet  Unlikely.
 grypus).                                                        unk; n/a).
Harbor seals (Phoca vitulina)  W. North         -; N            75,834 (0.15;             2,006  Common year
                                Atlantic.                        66,884; 2012).                   round.
Hooded seals (Cystophora       W. North         -; N            Unknown (unk;             Undet  rare.
 cristata).                     Atlantic.                        unk;
                                                                 n/a)..........
Harp seal (Phoca               North Atlantic.  -; N            Unknown (unk;             Undet  rare.
 groenlandica).                                                  unk;
                                                                 n/a)..........
----------------------------------------------------------------------------------------------------------------
\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species
  is not listed under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one
  for which the level of direct human-caused mortality exceeds PBR (see footnote 3) or which is determined to be
  declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\2\ CV is coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not
  applicable. For certain stocks, abundance estimates are actual counts of animals and there is no associated
  CV. The most recent abundance survey that is reflected in the abundance estimate is presented; there may be
  more recent surveys that have not yet been incorporated into the estimate. All values presented here are from
  the draft 2016 Pacific SARs.
\3\ Potential biological removal, defined by the MMPA as the maximum number of animals, not including natural
  mortalities, that may be removed from a marine mammal stock while allowing that stock to reach or maintain its
  optimum sustainable population size (OSP).

Fin Whales

    Fin whales are common in waters of the U.S. Atlantic Exclusive 
Economic Zone (EEZ), principally from Cape Hatteras northward (Waring 
et al., 2016). Fin whales are present north of 35-degree latitude in 
every season and are broadly distributed throughout the western North 
Atlantic for most of the year (Waring et al., 2016). This area (east of 
Montauk Point) represents a major feeding ground for fin whales from 
March through October. Fin whales are found in small groups of up to 5 
individuals (Brueggeman et al., 1987).
    The current abundance estimate for the western North Atlantic stock 
of fin whales is 1,618 with PBR at 2.5 animals (Waring et al., 2016). 
This stock is listed as endangered under the ESA resulting in strategic 
and depleted status under the MMPA. The main threats to this stock are 
fishery interactions and vessel collisions (Waring et al., 2016).

Bottlenose Dolphin

    There are two distinct bottlenose dolphin morphotypes: The coastal 
and offshore forms in the western North Atlantic (Waring et al., 2016). 
The offshore form is distributed primarily along the outer continental 
shelf and continental slope in the Northwest Atlantic Ocean from 
Georges Bank to the Florida Keys, and is the only type that may be 
present in the Lease Area.
    The current abundance estimate for this stock is 77,532 with PBR at 
561 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries. This species is not listed under the ESA 
and is not considered strategic or depleted under the MMPA.

Short-Beaked Common Dolphin

    The short-beaked common dolphin is found world-wide in temperate to 
subtropical seas. In the North Atlantic, short-beaked common dolphins 
are commonly found over the continental shelf between the 100-m and 
2000-m isobaths and over prominent underwater topography and east to 
the mid-Atlantic Ridge (Waring et al., 2016). Only the western North 
Atlantic stock may be present in the Lease Area.
    The current abundance estimate for this stock is 70,184 with PBR at 
557 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries. This species is not listed under the ESA 
and is not considered strategic or depleted under the MMPA.

Harbor Porpoise

    In the Lease Area, only the Gulf of Maine/Bay of Fundy stock may be 
present. This stock is found in U.S. and Canadian Atlantic waters and 
are concentrated in the northern Gulf of Maine and southern Bay of 
Fundy region, generally in waters less than 150 m deep (Waring et al., 
2016). They are seen from the coastline to deep waters (>1800 m; 
Westgate et al. 1998), although the majority of the population is found 
over the continental shelf (Waring et al., 2016). Average group size 
for this stock in the Bay of Fundy is approximately 4 individuals 
(Palka 2007).
    The current abundance estimate for this stock is 79,883, with PBR 
at 706 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries, with documented take in the U.S. northeast 
sink gillnet, mid-Atlantic gillnet, and northeast bottom trawl 
fisheries and in the Canadian herring weir fisheries (Waring et al., 
2016). This species is not listed under the ESA and is not considered 
strategic or depleted under the MMPA.

Harbor Seal

    The harbor seal is found in all nearshore waters of the North 
Atlantic and North Pacific Oceans and adjoining seas above about 
30[deg] N. (Burns 2009). In the western North Atlantic, they are 
distributed from the eastern Canadian Arctic and Greenland south to 
southern New England and New York, and occasionally to the Carolinas 
(Waring et al., 2016). Haulout and pupping sites are located off 
Manomet, MA and the Isles of Shoals, ME, but generally do not occur in 
areas in southern New England (Waring et al., 2016).

[[Page 20569]]

    The current abundance estimate for this stock is 75,834, with PBR 
at 2,006 (Waring et al., 2016). The main threat to this species is 
interactions with fisheries. This species is not listed under the ESA 
and is not considered strategic or depleted under the MMPA.

Potential Effects of the Specified Activity on Marine Mammals and Their 
Habitat

    This section includes a summary and discussion of the ways that 
components of the specified activity may impact marine mammals and 
their habitat. The Estimated Take by Incidental Harassment section 
later in this document will include a quantitative analysis of the 
number of individuals that are expected to be taken by this activity. 
The Negligible Impact Analysis and Determination section will consider 
the content of this section, the Estimated Take by Incidental 
Harassment section, and the Proposed Mitigation section, to draw 
conclusions regarding the likely impacts of these activities on the 
reproductive success or survivorship of individuals and how those 
impacts on individuals are likely to impact marine mammal species or 
stocks.

Background on Sound

    Sound is a physical phenomenon consisting of minute vibrations that 
travel through a medium, such as air or water, and is generally 
characterized by several variables. Frequency describes the sound's 
pitch and is measured in Hz or kHz, while sound level describes the 
sound's intensity and is measured in decibels (dB). Sound level 
increases or decreases exponentially with each dB of change. The 
logarithmic nature of the scale means that each 10-dB increase is a 10-
fold increase in acoustic power (and a 20-dB increase is then a 100-
fold increase in power). A 10-fold increase in acoustic power does not 
mean that the sound is perceived as being 10 times louder, however. 
Sound levels are compared to a reference sound pressure (micro-Pascal) 
to identify the medium. For air and water, these reference pressures 
are ``re: 20 [micro]Pa'' and ``re: 1 [micro]Pa,'' respectively. Root 
mean square (RMS) is the quadratic mean sound pressure over the 
duration of an impulse. RMS is calculated by squaring all of the sound 
amplitudes, averaging the squares, and then taking the square root of 
the average (Urick 1975). RMS accounts for both positive and negative 
values; squaring the pressures makes all values positive so that they 
may be accounted for in the summation of pressure levels. This 
measurement is often used in the context of discussing behavioral 
effects, in part because behavioral effects, which often result from 
auditory cues, may be better expressed through averaged units rather 
than by peak pressures.

Acoustic Impacts

    HRG survey equipment use and use of the DP thruster during the 
geophysical and geotechnical surveys may temporarily impact marine 
mammals in the area due to elevated in-water sound levels. Marine 
mammals are continually exposed to many sources of sound. Naturally 
occurring sounds such as lightning, rain, sub-sea earthquakes, and 
biological sounds (e.g., snapping shrimp, whale songs) are widespread 
throughout the world's oceans. Marine mammals produce sounds in various 
contexts and use sound for various biological functions including, but 
not limited to: (1) Social interactions; (2) foraging; (3) orientation; 
and (4) predator detection. Interference with producing or receiving 
these sounds may result in adverse impacts. Audible distance, or 
received levels of sound depend on the nature of the sound source, 
ambient noise conditions, and the sensitivity of the receptor to the 
sound (Richardson et al., 1995). Type and significance of marine mammal 
reactions to sound are likely dependent on a variety of factors 
including, but not limited to, (1) the behavioral state of the animal 
(e.g., feeding, traveling, etc.); (2) frequency of the sound; (3) 
distance between the animal and the source; and (4) the level of the 
sound relative to ambient conditions (Southall et al., 2007).
    When considering the influence of various kinds of sound on the 
marine environment, it is necessary to understand that different kinds 
of marine life are sensitive to different frequencies of sound. Current 
data indicate that not all marine mammal species have equal hearing 
capabilities (Richardson et al., 1995; Wartzok and Ketten, 1999; Au and 
Hastings, 2008).
    Animals are less sensitive to sounds at the outer edges of their 
functional hearing range and are more sensitive to a range of 
frequencies within the middle of their functional hearing range. For 
mid-frequency cetaceans, functional hearing estimates occur between 
approximately 150 Hz and 160 kHz with best hearing estimated to occur 
between approximately 10 to less than 100 kHz (Finneran et al., 2005 
and 2009, Natchtigall et al., 2005 and 2008; Yuen et al., 2005; Popov 
et al., 2011; and Schlundt et al., 2011).
    On August 4, 2016, NMFS released its Technical Guidance for 
Assessing the Effects of Anthropogenic Sound on Marine Mammal Hearing 
(NMFS 2016; 81 FR 51694). This new guidance established new thresholds 
for predicting onset of temporary (TTS) and permanent (PTS) threshold 
shifts for impulsive (e.g., explosives and impact pile drivers) and 
non-impulsive (e.g., vibratory pile drivers) sound sources. These 
acoustic thresholds are presented using dual metrics of cumulative 
sound exposure level (SELcum) and peak sound level (PK) for impulsive 
sounds and SELcum for non-impulsive sounds. The lower and/or upper 
frequencies for some of these functional hearing groups have been 
modified from those designated by Southall et al. (2007), and the 
revised generalized hearing ranges are presented in the new Guidance. 
The functional hearing groups and the associated frequencies are 
indicated in Table 3 below.

   Table 3--Marine Mammal Hearing Groups and Their Generalized Hearing
                                  Range
------------------------------------------------------------------------
              Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen      7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans (dolphins,   150 Hz to 160 kHz.
 toothed whales, beaked whales,
 bottlenose whales).
High-frequency (HF) cetaceans (true       275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 cephalorhynchid, Lagenorhynchus
 cruciger and L. australis).
Phocid pinnipeds (PW) (underwater) (true  50 Hz to 86 kHz.
 seals).
Otariid pinnipeds (OW) (underwater) (sea  60 Hz to 39 kHz.
 lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).


[[Page 20570]]

    When sound travels (propagates) from its source, its loudness 
decreases as the distance traveled by the sound increases. Thus, the 
loudness of a sound at its source is higher than the loudness of that 
same sound a kilometer (km) away. Acousticians often refer to the 
loudness of a sound at its source (typically referenced to one meter 
from the source) as the source level and the loudness of sound 
elsewhere as the received level (i.e., typically the receiver). For 
example, a humpback whale 3 km from a device that has a source level of 
230 dB may only be exposed to sound that is 160 dB loud, depending on 
how the sound travels through water (e.g., spherical spreading (6 dB 
reduction with doubling of distance) was used in this example). As a 
result, it is important to understand the difference between source 
levels and received levels when discussing the loudness of sound in the 
ocean or its impacts on the marine environment.
    As sound travels from a source, its propagation in water is 
influenced by various physical characteristics, including water 
temperature, depth, salinity, and surface and bottom properties that 
cause refraction, reflection, absorption, and scattering of sound 
waves. Oceans are not homogeneous and the contribution of each of these 
individual factors is extremely complex and interrelated. The physical 
characteristics that determine the sound's speed through the water will 
change with depth, season, geographic location, and with time of day 
(as a result, in actual active sonar operations, crews will measure 
oceanic conditions, such as sea water temperature and depth, to 
calibrate models that determine the path the sonar signal will take as 
it travels through the ocean and how strong the sound signal will be at 
a given range along a particular transmission path). As sound travels 
through the ocean, the intensity associated with the wavefront 
diminishes, or attenuates. This decrease in intensity is referred to as 
propagation loss, also commonly called transmission loss.
    As mentioned previously in this document, five marine mammal 
species (four cetaceans and one pinniped) are likely to occur in the 
Lease Area. Of the four cetacean species likely to occur in the Lease 
Area, one classified as low-frequency cetaceans (i.e., fin whale), two 
are classified as mid-frequency cetaceans (i.e., Atlantic white-sided 
dolphin and bottlenose dolphin), and one is classified as a high-
frequency cetacean (i.e., harbor porpoise) (Southall et al., 2007). A 
species' functional hearing group is a consideration when we analyze 
the effects of exposure to sound on marine mammals.

Hearing Impairment

    Marine mammals may experience temporary or permanent hearing 
impairment when exposed to loud sounds. Hearing impairment is 
classified by TTS and PTS. There are no empirical data for onset of PTS 
in any marine mammal; therefore, PTS-onset must be estimated from TTS-
onset measurements and from the rate of TTS growth with increasing 
exposure levels above the level eliciting TTS-onset. PTS is presumed to 
be likely if the hearing threshold is reduced by >= 40 dB (that is, 40 
dB of TTS). PTS is considered auditory injury (Southall et al., 2007) 
and occurs in a specific frequency range and amount. Irreparable damage 
to the inner or outer cochlear hair cells may cause PTS; however, other 
mechanisms are also involved, such as exceeding the elastic limits of 
certain tissues and membranes in the middle and inner ears and 
resultant changes in the chemical composition of the inner ear fluids 
(Southall et al., 2007). Given the higher level of sound and longer 
durations of exposure necessary to cause PTS as compared with TTS, it 
is considerably less likely that PTS would occur during the proposed 
HRG and geotechnical survey.

Temporary Threshold Shift (TTS)

    TTS is the mildest form of hearing impairment that can occur during 
exposure to a loud sound (Kryter 1985). While experiencing TTS, the 
hearing threshold rises and a sound must be stronger in order to be 
heard. At least in terrestrial mammals, TTS can last from minutes or 
hours to (in cases of strong TTS) days, can be limited to a particular 
frequency range, and can occur to varying degrees (i.e., a loss of a 
certain number of dBs of sensitivity). For sound exposures at or 
somewhat above the TTS threshold, hearing sensitivity in both 
terrestrial and marine mammals recovers rapidly after exposure to the 
noise ends.
    Marine mammal hearing plays a critical role in communication with 
conspecifics and in interpretation of environmental cues for purposes 
such as predator avoidance and prey capture. Depending on the degree 
(elevation of threshold in dB), duration (i.e., recovery time), and 
frequency range of TTS and the context in which it is experienced, TTS 
can have effects on marine mammals ranging from discountable to 
serious. For example, a marine mammal may be able to readily compensate 
for a brief, relatively small amount of TTS in a non-critical frequency 
range that takes place during a time when the animals is traveling 
through the open ocean, where ambient noise is lower and there are not 
as many competing sounds present. Alternatively, a larger amount and 
longer duration of TTS sustained during a time when communication is 
critical for successful mother/calf interactions could have more 
serious impacts if it were in the same frequency band as the necessary 
vocalizations and of a severity that it impeded communication. The fact 
that animals exposed to levels and durations of sound that would be 
expected to result in this physiological response would also be 
expected to have behavioral responses of a comparatively more severe or 
sustained nature is also notable and potentially of more importance 
than the simple existence of a TTS.
    Currently, TTS data only exist for four species of cetaceans 
(bottlenose dolphin, beluga whale (Delphinapterus leucas), harbor 
porpoise, and Yangtze finless porpoise (Neophocaena phocaenoides)) and 
three species of pinnipeds (northern elephant seal (Mirounga 
angustirostris), harbor seal, and California sea lion (Zalophus 
californianus)) exposed to a limited number of sound sources (i.e., 
mostly tones and octave-band noise) in laboratory settings (e.g., 
Finneran et al., 2002 and 2010; Nachtigall et al., 2004; Kastak et al., 
2005; Lucke et al., 2009; Mooney et al., 2009; Popov et al., 2011; 
Finneran and Schlundt, 2010). In general, harbor seals (Kastak et al., 
2005; Kastelein et al., 2012a) and harbor porpoises (Lucke et al., 
2009; Kastelein et al., 2012b) have a lower TTS onset than other 
measured pinniped or cetacean species. However, even for these animals, 
which are better able to hear higher frequencies and may be more 
sensitive to higher frequencies, exposures on the order of 
approximately 170 dB rms or higher for brief transient signals are 
likely required for even temporary (recoverable) changes in hearing 
sensitivity that would likely not be categorized as physiologically 
damaging (Lucke et al., 2009). Additionally, the existing marine mammal 
TTS data come from a limited number of individuals within these 
species. There are no data available on noise-induced hearing loss for 
mysticetes. For summaries of data on TTS in marine mammals or for 
further discussion of TTS onset thresholds, please see Finneran (2016).
    Scientific literature highlights the inherent complexity of 
predicting TTS onset in marine mammals, as well as the importance of 
considering exposure duration when assessing potential

[[Page 20571]]

impacts (Mooney et al., 2009a, 2009b; Kastak et al., 2007). Generally, 
with sound exposures of equal energy, quieter sounds (lower SPL) of 
longer duration were found to induce TTS onset more than louder sounds 
(higher SPL) of shorter duration (more similar to sub-bottom 
profilers). For intermittent sounds, less threshold shift will occur 
than from a continuous exposure with the same energy (some recovery 
will occur between intermittent exposures) (Kryter et al., 1966; Ward 
1997). For sound exposures at or somewhat above the TTS-onset 
threshold, hearing sensitivity recovers rapidly after exposure to the 
sound ends; intermittent exposures recover faster in comparison with 
continuous exposures of the same duration (Finneran et al., 2010). NMFS 
considers TTS as Level B harassment that is mediated by physiological 
effects on the auditory system; however, NMFS does not consider TTS-
onset to be the lowest level at which Level B harassment may occur.
    Animals in the Lease Area during the HRG survey are unlikely to 
incur TTS hearing impairment due to the characteristics of the sound 
sources, which include low source levels (208 to 221 dB re 1 [micro]Pa-
m) and generally very short pulses and duration of the sound. Even for 
high-frequency cetacean species (e.g., harbor porpoises), which may 
have increased sensitivity to TTS (Lucke et al., 2009; Kastelein et 
al., 2012b), individuals would have to make a very close approach and 
also remain very close to vessels operating these sources in order to 
receive multiple exposures at relatively high levels, as would be 
necessary to cause TTS. Intermittent exposures--as would occur due to 
the brief, transient signals produced by these sources--require a 
higher cumulative SEL to induce TTS than would continuous exposures of 
the same duration (i.e., intermittent exposure results in lower levels 
of TTS) (Mooney et al., 2009a; Finneran et al., 2010). Moreover, most 
marine mammals would more likely avoid a loud sound source rather than 
swim in such close proximity as to result in TTS. Kremser et al. (2005) 
noted that the probability of a cetacean swimming through the area of 
exposure when a sub-bottom profiler emits a pulse is small--because if 
the animal was in the area, it would have to pass the transducer at 
close range in order to be subjected to sound levels that could cause 
TTS and would likely exhibit avoidance behavior to the area near the 
transducer rather than swim through at such a close range. Further, the 
restricted beam shape of the sub-bottom profiler and other HRG survey 
equipment makes it unlikely that an animal would be exposed more than 
briefly during the passage of the vessel. Boebel et al. (2005) 
concluded similarly for single and multibeam echosounders and, more 
recently, Lurton (2016) conducted a modeling exercise and concluded 
similarly that likely potential for acoustic injury from these types of 
systems is negligible but that behavioral response cannot be ruled out. 
Animals may avoid the area around the survey vessels, thereby reducing 
exposure. Any disturbance to marine mammals is likely to be in the form 
of temporary avoidance or alteration of opportunistic foraging behavior 
near the survey location.
    For the HRG survey activities, animals may avoid the area around 
the survey vessel, thereby reducing exposure. Any disturbance to marine 
mammals is more likely to be in the form of temporary avoidance or 
alteration of opportunistic foraging behavior near the survey location.

Masking

    Masking is the obscuring of sounds of interest to an animal by 
other sounds, typically at similar frequencies. Marine mammals are 
highly dependent on sound, and their ability to recognize sound signals 
amid other sound is important in communication and detection of both 
predators and prey (Tyack 2000). Background ambient sound may interfere 
with or mask the ability of an animal to detect a sound signal even 
when that signal is above its absolute hearing threshold. Even in the 
absence of anthropogenic sound, the marine environment is often loud. 
Natural ambient sound includes contributions from wind, waves, 
precipitation, other animals, and (at frequencies above 30 kHz) thermal 
sound resulting from molecular agitation (Richardson et al., 1995).
    Background sound may also include anthropogenic sound, and masking 
of natural sounds can result when human activities produce high levels 
of background sound. Conversely, if the background level of underwater 
sound is high (e.g., on a day with strong wind and high waves), an 
anthropogenic sound source would not be detectable as far away as would 
be possible under quieter conditions and would itself be masked. 
Ambient sound is highly variable on continental shelves (Myrberg 1978; 
Desharnais et al., 1999). This results in a high degree of variability 
in the range at which marine mammals can detect anthropogenic sounds.
    Although masking is a phenomenon which may occur naturally, the 
introduction of loud anthropogenic sounds into the marine environment 
at frequencies important to marine mammals increases the severity and 
frequency of occurrence of masking. For example, if a baleen whale is 
exposed to continuous low-frequency sound from an industrial source, 
this would reduce the size of the area around that whale within which 
it can hear the calls of another whale. The components of background 
noise that are similar in frequency to the signal in question primarily 
determine the degree of masking of that signal. In general, little is 
known about the degree to which marine mammals rely upon detection of 
sounds from conspecifics, predators, prey, or other natural sources. In 
the absence of specific information about the importance of detecting 
these natural sounds, it is not possible to predict the impact of 
masking on marine mammals (Richardson et al., 1995). In general, 
masking effects are expected to be less severe when sounds are 
transient than when they are continuous. Masking is typically of 
greater concern for those marine mammals that utilize low-frequency 
communications, such as baleen whales, because of how far low-frequency 
sounds propagate.
    Marine mammal communications would not likely be masked appreciably 
by the sub-bottom profiler signals given the directionality of the 
signal and the brief period when an individual mammal is likely to be 
within its beam. And while continuous sound from the DP thruster when 
in use is predicted to extend 500 m to the 120 dB threshold, the 
generally short duration of DP thruster use and low source levels, 
coupled with the likelihood of animals to avoid the sound source, would 
result in very little opportunity for this activity to mask the 
communication of local marine mammals for more than a brief period of 
time.

Non-Auditory Physical Effects (Stress)

    Classic stress responses begin when an animal's central nervous 
system perceives a potential threat to its homeostasis. That perception 
triggers stress responses regardless of whether a stimulus actually 
threatens the animal; the mere perception of a threat is sufficient to 
trigger a stress response (Moberg 2000; Seyle 1950). Once an animal's 
central nervous system perceives a threat, it mounts a biological 
response or defense that consists of a combination of the four general 
biological defense responses: behavioral responses, autonomic nervous 
system responses, neuroendocrine responses, or immune responses.

[[Page 20572]]

    In the case of many stressors, an animal's first and sometimes most 
economical (in terms of biotic costs) response is behavioral avoidance 
of the potential stressor or avoidance of continued exposure to a 
stressor. An animal's second line of defense to stressors involves the 
sympathetic part of the autonomic nervous system and the classical 
``fight or flight'' response which includes the cardiovascular system, 
the gastrointestinal system, the exocrine glands, and the adrenal 
medulla to produce changes in heart rate, blood pressure, and 
gastrointestinal activity that humans commonly associate with 
``stress.'' These responses have a relatively short duration and may or 
may not have significant long-term effect on an animal's welfare.
    An animal's third line of defense to stressors involves its 
neuroendocrine systems; the system that has received the most study has 
been the hypothalamus-pituitary-adrenal system (also known as the HPA 
axis in mammals or the hypothalamus-pituitary-interrenal axis in fish 
and some reptiles). Unlike stress responses associated with the 
autonomic nervous system, virtually all neuro-endocrine functions that 
are affected by stress--including immune competence, reproduction, 
metabolism, and behavior--are regulated by pituitary hormones. Stress-
induced changes in the secretion of pituitary hormones have been 
implicated in failed reproduction (Moberg 1987; Rivier 1995), altered 
metabolism (Elasser et al., 2000), reduced immune competence (Blecha 
2000), and behavioral disturbance. Increases in the circulation of 
glucocorticosteroids (cortisol, corticosterone, and aldosterone in 
marine mammals; see Romano et al., 2004) have been equated with stress 
for many years.
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and distress is the biotic cost 
of the response. During a stress response, an animal uses glycogen 
stores that can be quickly replenished once the stress is alleviated. 
In such circumstances, the cost of the stress response would not pose a 
risk to the animal's welfare. However, when an animal does not have 
sufficient energy reserves to satisfy the energetic costs of a stress 
response, energy resources must be diverted from other biotic function, 
which impairs those functions that experience the diversion. For 
example, when mounting a stress response diverts energy away from 
growth in young animals, those animals may experience stunted growth. 
When mounting a stress response diverts energy from a fetus, an 
animal's reproductive success and its fitness will suffer. In these 
cases, the animals will have entered a pre-pathological or pathological 
state which is called ``distress'' (Seyle 1950) or ``allostatic 
loading'' (McEwen and Wingfield 2003). This pathological state will 
last until the animal replenishes its biotic reserves sufficient to 
restore normal function. Note that these examples involved a long-term 
(days or weeks) stress response exposure to stimuli.
    Relationships between these physiological mechanisms, animal 
behavior, and the costs of stress responses have also been documented 
fairly well through controlled experiments; because this physiology 
exists in every vertebrate that has been studied, it is not surprising 
that stress responses and their costs have been documented in both 
laboratory and free-living animals (for examples see, Holberton et al., 
1996; Hood et al., 1998; Jessop et al., 2003; Krausman et al., 2004; 
Lankford et al., 2005; Reneerkens et al., 2002; Thompson and Hamer, 
2000). Information has also been collected on the physiological 
responses of marine mammals to exposure to anthropogenic sounds (Fair 
and Becker 2000; Romano et al., 2002). For example, Rolland et al. 
(2012) found that noise reduction from reduced ship traffic in the Bay 
of Fundy was associated with decreased stress in North Atlantic right 
whales. In a conceptual model developed by the Population Consequences 
of Acoustic Disturbance (PCAD) working group, serum hormones were 
identified as possible indicators of behavioral effects that are 
translated into altered rates of reproduction and mortality.
    Studies of other marine animals and terrestrial animals would also 
lead us to expect some marine mammals to experience physiological 
stress responses and, perhaps, physiological responses that would be 
classified as ``distress'' upon exposure to high frequency, mid-
frequency and low-frequency sounds. For example, Jansen (1998) reported 
on the relationship between acoustic exposures and physiological 
responses that are indicative of stress responses in humans (for 
example, elevated respiration and increased heart rates). Jones (1998) 
reported on reductions in human performance when faced with acute, 
repetitive exposures to acoustic disturbance. Trimper et al. (1998) 
reported on the physiological stress responses of osprey to low-level 
aircraft noise while Krausman et al. (2004) reported on the auditory 
and physiology stress responses of endangered Sonoran pronghorn to 
military overflights. Smith et al. (2004a, 2004b), for example, 
identified noise-induced physiological transient stress responses in 
hearing-specialist fish (i.e., goldfish) that accompanied short- and 
long-term hearing losses. Welch and Welch (1970) reported physiological 
and behavioral stress responses that accompanied damage to the inner 
ears of fish and several mammals.
    Hearing is one of the primary senses marine mammals use to gather 
information about their environment and to communicate with 
conspecifics. Although empirical information on the relationship 
between sensory impairment (TTS, PTS, and acoustic masking) on marine 
mammals remains limited, it seems reasonable to assume that reducing an 
animal's ability to gather information about its environment and to 
communicate with other members of its species would be stressful for 
animals that use hearing as their primary sensory mechanism. Therefore, 
we assume that acoustic exposures sufficient to trigger onset PTS or 
TTS would be accompanied by physiological stress responses because 
terrestrial animals exhibit those responses under similar conditions 
(NRC 2003). More importantly, marine mammals might experience stress 
responses at received levels lower than those necessary to trigger 
onset TTS. Based on empirical studies of the time required to recover 
from stress responses (Moberg 2000), we also assume that stress 
responses are likely to persist beyond the time interval required for 
animals to recover from TTS and might result in pathological and pre-
pathological states that would be as significant as behavioral 
responses to TTS.
    In general, there are few data on the potential for strong, 
anthropogenic underwater sounds to cause non-auditory physical effects 
in marine mammals. Such effects, if they occur at all, would presumably 
be limited to short distances and to activities that extend over a 
prolonged period. The available data do not allow identification of a 
specific exposure level above which non-auditory effects can be 
expected (Southall et al., 2007). There is no definitive evidence that 
any of these effects occur even for marine mammals in close proximity 
to an anthropogenic sound source. In addition, marine mammals that show 
behavioral avoidance of survey vessels and related sound sources are 
unlikely to incur non-auditory impairment or other physical effects. 
NMFS does not expect that the generally short-term, intermittent, and 
transitory HRG and

[[Page 20573]]

geotechnical activities would create conditions of long-term, 
continuous noise and chronic acoustic exposure leading to long-term 
physiological stress responses in marine mammals.

Behavioral Disturbance

    Behavioral disturbance may include a variety of effects, including 
subtle changes in behavior (e.g., minor or brief avoidance of an area 
or changes in vocalizations), more conspicuous changes in similar 
behavioral activities, and more sustained and/or potentially severe 
reactions, such as displacement from or abandonment of high-quality 
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic 
factors (e.g., species, state of maturity, experience, current 
activity, reproductive state, auditory sensitivity, time of day), as 
well as the interplay between factors (e.g., Richardson et al., 1995; 
Wartzok et al., 2003; Southall et al., 2007; Weilgart, 2007; Archer et 
al., 2010). Behavioral reactions can vary not only among individuals 
but also within an individual, depending on previous experience with a 
sound source, context, and numerous other factors (Ellison et al., 
2012), and can vary depending on characteristics associated with the 
sound source (e.g., whether it is moving or stationary, number of 
sources, distance from the source). Please see Appendices B-C of 
Southall et al. (2007) for a review of studies involving marine mammal 
behavioral responses to sound.
    Habituation can occur when an animal's response to a stimulus wanes 
with repeated exposure, usually in the absence of unpleasant associated 
events (Wartzok et al., 2003). Animals are most likely to habituate to 
sounds that are predictable and unvarying. It is important to note that 
habituation is appropriately considered as a ``progressive reduction in 
response to stimuli that are perceived as neither aversive nor 
beneficial,'' rather than as, more generally, moderation in response to 
human disturbance (Bejder et al., 2009). The opposite process is 
sensitization, when an unpleasant experience leads to subsequent 
responses, often in the form of avoidance, at a lower level of 
exposure. As noted, behavioral state may affect the type of response. 
For example, animals that are resting may show greater behavioral 
change in response to disturbing sound levels than animals that are 
highly motivated to remain in an area for feeding (Richardson et al., 
1995; NRC 2003; Wartzok et al., 2003). Controlled experiments with 
captive marine mammals have shown pronounced behavioral reactions, 
including avoidance of loud sound sources (Ridgway et al., 1997; 
Finneran et al., 2003). Observed responses of wild marine mammals to 
loud, pulsed sound sources (typically seismic airguns or acoustic 
harassment devices) have been varied but often consist of avoidance 
behavior or other behavioral changes suggesting discomfort (Morton and 
Symonds, 2002; see also Richardson et al., 1995; Nowacek et al., 2007).
    Available studies show wide variation in response to underwater 
sound; therefore, it is difficult to predict specifically how any given 
sound in a particular instance might affect marine mammals perceiving 
the signal. If a marine mammal does react briefly to an underwater 
sound by changing its behavior or moving a small distance, the impacts 
of the change are unlikely to be significant to the individual, let 
alone the stock or population. However, if a sound source displaces 
marine mammals from an important feeding or breeding area for a 
prolonged period, impacts on individuals and populations could be 
significant (e.g., Lusseau and Bejder, 2007; Weilgart 2007; NRC 2005). 
However, there are broad categories of potential response, which we 
describe in greater detail here, that include alteration of dive 
behavior, alteration of foraging behavior, effects to breathing, 
interference with or alteration of vocalization, avoidance, and flight.
    Changes in dive behavior can vary widely and may consist of 
increased or decreased dive times and surface intervals as well as 
changes in the rates of ascent and descent during a dive (e.g., Frankel 
and Clark 2000; Costa et al., 2003; Ng and Leung 2003; Nowacek et al., 
2004; Goldbogen et al., 2013a,b). Variations in dive behavior may 
reflect interruptions in biologically significant activities (e.g., 
foraging) or they may be of little biological significance. The impact 
of an alteration to dive behavior resulting from an acoustic exposure 
depends on what the animal is doing at the time of the exposure and the 
type and magnitude of the response.
    Disruption of feeding behavior can be difficult to correlate with 
anthropogenic sound exposure, so it is usually inferred by observed 
displacement from known foraging areas, the appearance of secondary 
indicators (e.g., bubble nets or sediment plumes), or changes in dive 
behavior. As for other types of behavioral response, the frequency, 
duration, and temporal pattern of signal presentation, as well as 
differences in species sensitivity, are likely contributing factors to 
differences in response in any given circumstance (e.g., Croll et al., 
2001; Nowacek et al.; 2004; Madsen et al., 2006; Yazvenko et al., 
2007). A determination of whether foraging disruptions incur fitness 
consequences would require information on or estimates of the energetic 
requirements of the affected individuals and the relationship between 
prey availability, foraging effort and success, and the life history 
stage of the animal.
    Variations in respiration naturally vary with different behaviors 
and alterations to breathing rate as a function of acoustic exposure 
can be expected to co-occur with other behavioral reactions, such as a 
flight response or an alteration in diving. However, respiration rates 
in and of themselves may be representative of annoyance or an acute 
stress response. Various studies have shown that respiration rates may 
either be unaffected or could increase, depending on the species and 
signal characteristics, again highlighting the importance in 
understanding species differences in the tolerance of underwater noise 
when determining the potential for impacts resulting from anthropogenic 
sound exposure (e.g., Kastelein et al., 2001, 2005b, 2006; Gailey et 
al., 2007).
    Marine mammals vocalize for different purposes and across multiple 
modes, such as whistling, echolocation click production, calling, and 
singing. Changes in vocalization behavior in response to anthropogenic 
noise can occur for any of these modes and may result from a need to 
compete with an increase in background noise or may reflect increased 
vigilance or a startle response. For example, in the presence of 
potentially masking signals, humpback whales and killer whales have 
been observed to increase the length of their songs (Miller et al., 
2000; Fristrup et al., 2003; Foote et al., 2004), while right whales 
have been observed to shift the frequency content of their calls upward 
while reducing the rate of calling in areas of increased anthropogenic 
noise (Parks et al., 2007b). In some cases, animals may cease sound 
production during production of aversive signals (Bowles et al., 1994).
    Avoidance is the displacement of an individual from an area or 
migration path as a result of the presence of a sound or other 
stressors, and is one of the most obvious manifestations of disturbance 
in marine mammals (Richardson et al., 1995). For example, gray whales 
are known to change direction--deflecting from customary migratory 
paths--in order to avoid noise from seismic surveys (Malme et al., 
1984). Avoidance may be short-term,

[[Page 20574]]

with animals returning to the area once the noise has ceased (e.g., 
Bowles et al., 1994; Goold 1996; Stone et al., 2000; Morton and 
Symonds, 2002; Gailey et al., 2007). Longer-term displacement is 
possible, however, which may lead to changes in abundance or 
distribution patterns of the affected species in the affected region if 
habituation to the presence of the sound does not occur (e.g., 
Blackwell et al., 2004; Bejder et al., 2006; Teilmann et al., 2006).
    A flight response is a dramatic change in normal movement to a 
directed and rapid movement away from the perceived location of a sound 
source. The flight response differs from other avoidance responses in 
the intensity of the response (e.g., directed movement, rate of 
travel). Relatively little information on flight responses of marine 
mammals to anthropogenic signals exist, although observations of flight 
responses to the presence of predators have occurred (Connor and 
Heithaus, 1996). The result of a flight response could range from 
brief, temporary exertion and displacement from the area where the 
signal provokes flight to, in extreme cases, marine mammal strandings 
(Evans and England, 2001). However, it should be noted that response to 
a perceived predator does not necessarily invoke flight (Ford and 
Reeves, 2008) and whether individuals are solitary or in groups may 
influence the response.
    Behavioral disturbance can also impact marine mammals in more 
subtle ways. Increased vigilance may result in costs related to 
diversion of focus and attention (i.e., when a response consists of 
increased vigilance, it may come at the cost of decreased attention to 
other critical behaviors such as foraging or resting). These effects 
have generally not been demonstrated for marine mammals, but studies 
involving fish and terrestrial animals have shown that increased 
vigilance may substantially reduce feeding rates (e.g., Beauchamp and 
Livoreil, 1997; Fritz et al., 2002; Purser and Radford, 2011). In 
addition, chronic disturbance can cause population declines through 
reduction of fitness (e.g., decline in body condition) and subsequent 
reduction in reproductive success, survival, or both (e.g., Harrington 
and Veitch, 1992; Daan et al., 1996; Bradshaw et al., 1998). However, 
Ridgway et al. (2006) reported that increased vigilance in bottlenose 
dolphins exposed to sound over a five-day period did not cause any 
sleep deprivation or stress effects.
    Many animals perform vital functions, such as feeding, resting, 
traveling, and socializing, on a diel cycle (24-hour cycle). Disruption 
of such functions resulting from reactions to stressors such as sound 
exposure are more likely to be significant if they last more than one 
diel cycle or recur on subsequent days (Southall et al., 2007). 
Consequently, a behavioral response lasting less than one day and not 
recurring on subsequent days is not considered particularly severe 
unless it could directly affect reproduction or survival (Southall et 
al., 2007). Note that there is a difference between multi-day 
substantive behavioral reactions and multi-day anthropogenic 
activities. For example, just because an activity lasts for multiple 
days does not necessarily mean that individual animals are either 
exposed to activity-related stressors for multiple days or, further, 
exposed in a manner resulting in sustained multi-day substantive 
behavioral responses.
    Marine mammals are likely to avoid the HRG survey activity, 
especially the naturally shy harbor porpoise, while the harbor seals 
might be attracted to them out of curiosity. However, because the sub-
bottom profilers and other HRG survey equipment operate from a moving 
vessel, and the maximum radius to the 160 dB harassment threshold is 
less than 200 m, the area and time that this equipment would be 
affecting a given location is very small. Further, once an area has 
been surveyed, it is not likely that it will be surveyed again, 
therefore reducing the likelihood of repeated HRG-related impacts 
within the survey area. And while the drill ship using DP thrusters 
will generally remain stationary during geotechnical survey activities, 
the short duration (up to 12 days) of the DP thruster use would likely 
result in only short-term and temporary avoidance of the area, rather 
than permanent abandonment, by marine mammals.
    We have also considered the potential for severe behavioral 
responses such as stranding and associated indirect injury or mortality 
from Ocean Wind's use of HRG survey equipment, on the basis of a 2008 
mass stranding of approximately one hundred melon-headed whales in a 
Madagascar lagoon system. An investigation of the event indicated that 
use of a high-frequency mapping system (12-kHz multibeam echosounder) 
was the most plausible and likely initial behavioral trigger of the 
event, while providing the caveat that there is no unequivocal and 
easily identifiable single cause (Southall et al., 2013). The 
investigatory panel's conclusion was based on (1) very close temporal 
and spatial association and directed movement of the survey with the 
stranding event; (2) the unusual nature of such an event coupled with 
previously documented apparent behavioral sensitivity of the species to 
other sound types (Southall et al., 2006; Brownell et al., 2009); and 
(3) the fact that all other possible factors considered were determined 
to be unlikely causes. Specifically, regarding survey patterns prior to 
the event and in relation to bathymetry, the vessel transited in a 
north-south direction on the shelf break parallel to the shore, 
ensonifying large areas of deep-water habitat prior to operating 
intermittently in a concentrated area offshore from the stranding site; 
this may have trapped the animals between the sound source and the 
shore, thus driving them towards the lagoon system. The investigatory 
panel systematically excluded or deemed highly unlikely nearly all 
potential reasons for these animals leaving their typical pelagic 
habitat for an area extremely atypical for the species (i.e., a shallow 
lagoon system). Notably, this was the first time that such a system has 
been associated with a stranding event. The panel also noted several 
site- and situation-specific secondary factors that may have 
contributed to the avoidance responses that led to the eventual 
entrapment and mortality of the whales. Specifically, shoreward-
directed surface currents and elevated chlorophyll levels in the area 
preceding the event may have played a role (Southall et al., 2013). The 
report also notes that prior use of a similar system in the general 
area may have sensitized the animals and also concluded that, for 
odontocete cetaceans that hear well in higher frequency ranges where 
ambient noise is typically quite low, high-power active sonars 
operating in this range may be more easily audible and have potential 
effects over larger areas than low frequency systems that have more 
typically been considered in terms of anthropogenic noise impacts. It 
is, however, important to note that the relatively lower output 
frequency, higher output power, and complex nature of the system 
implicated in this event, in context of the other factors noted here, 
likely produced a fairly unusual set of circumstances that indicate 
that such events would likely remain rare and are not necessarily 
relevant to use of lower-power, higher-frequency systems more commonly 
used for HRG survey applications. The risk of similar events recurring 
may be very low, given the extensive use of active acoustic systems 
used for scientific and navigational purposes worldwide on a daily 
basis and the lack of direct evidence of such responses previously 
reported.

[[Page 20575]]

Tolerance

    Numerous studies have shown that underwater sounds from industrial 
activities are often readily detectable by marine mammals in the water 
at distances of many km. However, other studies have shown that marine 
mammals at distances more than a few km away often show no apparent 
response to industrial activities of various types (Miller et al., 
2005). This is often true even in cases when the sounds must be readily 
audible to the animals based on measured received levels and the 
hearing sensitivity of that mammal group. Although various baleen 
whales, toothed whales, and (less frequently) pinnipeds have been shown 
to react behaviorally to underwater sound from sources such as airgun 
pulses or vessels under some conditions, at other times, mammals of all 
three types have shown no overt reactions (e.g., Malme et al., 1986; 
Richardson et al., 1995; Madsen and Mohl 2000; Croll et al., 2001; 
Jacobs and Terhune 2002; Madsen et al., 2002; Miller et al., 2005). In 
general, pinnipeds seem to be more tolerant of exposure to some types 
of underwater sound than are baleen whales. Richardson et al. (1995) 
found that vessel sound does not seem to strongly affect pinnipeds that 
are already in the water. Richardson et al. (1995) went on to explain 
that seals on haul-outs sometimes respond strongly to the presence of 
vessels and at other times appear to show considerable tolerance of 
vessels, and Brueggeman et al. (1992) observed ringed seals (Pusa 
hispida) hauled out on ice pans displaying short-term escape reactions 
when a ship approached within 0.16-0.31 mi (0.25-0.5 km). Due to the 
relatively high vessel traffic in the Lease Area it is possible that 
marine mammals are habituated to noise (e.g., DP thrusters) from 
project vessels in the area.

Vessel Strike

    Ship strikes of marine mammals can cause major wounds, which may 
lead to the death of the animal. An animal at the surface could be 
struck directly by a vessel, a surfacing animal could hit the bottom of 
a vessel, or a vessel's propeller could injure an animal just below the 
surface. The severity of injuries typically depends on the size and 
speed of the vessel (Knowlton and Kraus 2001; Laist et al., 2001; 
Vanderlaan and Taggart 2007).
    The most vulnerable marine mammals are those that spend extended 
periods of time at the surface in order to restore oxygen levels within 
their tissues after deep dives (e.g., the sperm whale). In addition, 
some baleen whales, such as the North Atlantic right whale, seem 
generally unresponsive to vessel sound, making them more susceptible to 
vessel collisions (Nowacek et al., 2004). These species are primarily 
large, slow moving whales. Smaller marine mammals (e.g., bottlenose 
dolphin) move quickly through the water column and are often seen 
riding the bow wave of large ships. Marine mammal responses to vessels 
may include avoidance and changes in dive pattern (NRC 2003).
    An examination of all known ship strikes from all shipping sources 
(civilian and military) indicates vessel speed is a principal factor in 
whether a vessel strike results in death (Knowlton and Kraus 2001; 
Laist et al., 2001; Jensen and Silber 2003; Vanderlaan and Taggart 
2007). In assessing records with known vessel speeds, Laist et al. 
(2001) found a direct relationship between the occurrence of a whale 
strike and the speed of the vessel involved in the collision. The 
authors concluded that most deaths occurred when a vessel was traveling 
in excess of 24.1 km/h (14.9 mph; 13 kn). Given the slow vessel speeds 
and predictable course necessary for data acquisition, ship strike is 
unlikely to occur during the geophysical and geotechnical surveys. 
Marine mammals would be able to easily avoid the applicant's vessel due 
to the slow speeds and are likely already habituated to the presence of 
numerous vessels in the area. Further, Ocean Wind shall implement 
measures (e.g., vessel speed restrictions and separation distances; see 
Proposed Mitigation Measures) set forth in the BOEM Lease to reduce the 
risk of a vessel strike to marine mammal species in the Lease Area.
    There are no rookeries or mating grounds known to be biologically 
important to marine mammals within the proposed project area. The area 
is an important feeding area for fin whales. There is no designated 
critical habitat for any ESA-listed marine mammals. NMFS' regulations 
at 50 CFR part 224 designated the nearshore waters of the Mid-Atlantic 
Bight as the Mid-Atlantic U.S. Seasonal Management Area (SMA) for right 
whales in 2008. Mandatory vessel speed restrictions (less than 10 
knots) 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.
    Bottom disturbance associated with the HRG survey activities may 
include grab sampling to validate the seabed classification obtained 
from the multibeam echosounder/sidescan sonar data. This will typically 
be accomplished using a Mini-Harmon Grab with 0.1 m\2\ sample area or 
the slightly larger Harmon Grab with a 0.2 m\2\ sample area. Bottom 
disturbance associated with the geotechnical survey activities will 
consist of the 8 deep bore holes of approximately 3 to 4 inches (in; 
7.6 to 10.1 centimeters (cm)) diameter, the 30 shallow CPTs of up to 
approximately 2 in (5 cm) in diameter, and the 8 deep CPTs of 
approximately 2 in (5 cm) in diameter. Impact on marine mammal habitat 
from these activities will be temporary, insignificant, and 
discountable.
    Because of the temporary nature of the disturbance, the 
availability of similar habitat and resources (e.g., prey species) 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.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of whether the number of takes is ``small'' and the 
negligible impact determination.
    Harassment is the only type of take expected to result from these 
activities. 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).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to HRG and geotechnical surveys. Based on the 
nature of the activity, the short duration of activities, and the small 
Level A isopleths (less than 3 m for all sources), Level A harassment 
is neither anticipated nor proposed to be authorized. The death of a 
marine mammal is also a type of incidental take. However, as described 
previously, no mortality is anticipated or proposed to be authorized 
for this activity. Below we describe how the take is estimated for this 
project.
    Project activities that have the potential to harass marine 
mammals, as defined by the MMPA, include

[[Page 20576]]

underwater noise from operation of the HRG survey sub-bottom profilers 
and noise propagation associated with the use of DP thrusters during 
geotechnical survey activities that require the use of a DP drill ship. 
NMFS anticipates that impacts to marine mammals would be in the form of 
behavioral harassment, and no take by injury, serious injury, or 
mortality is proposed.
    The basis for the take estimate is the number of marine mammals 
that would be exposed to sound levels in excess of NMFS' Level B 
harassment criteria for impulsive noise (160 dB re 1 [mu]Pa (rms) and 
continuous noise (120 dB re 1 [mu]Pa (rms)), which is generally 
determined by overlaying the area ensonified above NMFS acoustic 
thresholds for harassment within a day with the density of marine 
mammals, and multiplying by the number of days. NMFS' current acoustic 
thresholds for estimating take are shown in Table 4 below.

               Table 4--NMFS's Acoustic Exposure Criteria
------------------------------------------------------------------------
           Criterion                Definition           Threshold
------------------------------------------------------------------------
Level B harassment              Behavioral         160 dB (impulsive
 (underwater).                   disruption.        source)/120 dB
                                                    (continuous source)
                                                    (rms).
Level B harassment (airborne).  Behavioral         90 dB (harbor seals)/
                                 disruption.        100 dB (other
                                                    pinnipeds)
                                                    (unweighted).
------------------------------------------------------------------------

    Modeling took into consideration sound sources using the potential 
operational parameters, bathymetry, geoacoustic properties of the Lease 
Area, time of year, and marine mammal hearing ranges. Results from the 
hydroacoustic modeling and measurements showed that estimated maximum 
distance to the 160 dB re 1 [mu]Pa (rms) MMPA threshold for all water 
depths for the HRG survey sub-bottom profilers (the HRG survey 
equipment with the greatest potential for effect on marine mammal) was 
approximately 75.28 m from the source using practical spreading 
(Subacoustech 2016), and the estimated maximum critical distance to the 
120 dB re 1 [mu]Pa (rms) MMPA threshold for all water depths for the 
drill ship DP thruster was approximately 500 m from the source 
(Subacoustech 2016). Ocean Wind and NMFS believe that these estimates 
represent the a conservative scenario and that the actual distances to 
the Level B harassment threshold may be shorter, as practical spreading 
(15logR) was used to estimate the ensonified area here and there are 
some sound measurements taken in the Northeast that suggest a higher 
spreading coefficient (which would result in a shorter distance) may be 
applicable.
    Ocean Wind estimated species densities within the proposed project 
area in order to estimate the number of marine mammal exposures to 
sound levels above the 120 dB Level B harassment threshold for 
continuous noise (i.e., DP thrusters) and the 160 dB Level B harassment 
threshold for intermittent, impulsive noise (i.e., sub-bottom 
profiler). Research indicates that marine mammals generally have 
extremely fine auditory temporal resolution and can detect each signal 
separately (e.g., Au et al., 1988; Dolphin et al., 1995; Supin and 
Popov 1995; Mooney et al., 2009b), especially for species with 
echolocation capabilities. Therefore, it is likely that marine mammals 
would perceive the acoustic signals associated with the HRG survey 
equipment as being intermittent rather than continuous, and we base our 
takes from these sources on exposures to the 160 dB threshold.
    The data used as the basis for estimating cetacean density (``D'') 
for the Lease Area are sightings per unit effort (SPUE) derived by Duke 
University (Roberts et al., 2016). For pinnipeds, the only available 
comprehensive data for seal abundance is the Northeast Navy Operations 
Area (OPAREA) Density Estimates (DoN 2007). SPUE (or, the relative 
abundance of species) 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 (Shoop and Kenney, 1992). The Duke University (Roberts et 
al., 2016) cetacean density data represent models derived from 
aggregating line-transect surveys conducted over 23 years by 5 
institutions (NOAA NMFS Northeast Fisheries Science Center (NEFSC), New 
Jersey Department of Environmental Protection (NJDEP), NOAA NMFS 
Southeast Fisheries Science Center (SEFSC), University of North 
Carolina Wilmington (UNCW), Virginia Aquarium & Marine Science Center 
(VAMSC)), the results of which are freely available online at the Ocean 
Biogeographic Information System Spatial Ecological Analysis of 
Megavertebrate Populations (OBIS-SEAMAP) repository. Monthly density 
values were within the survey area were averaged by season to provide 
seasonal density estimates. The OPAREA Density Estimates (DoN 2007) 
used for pinniped densities were based on data collected through NMFS 
NWFSC aerial surveys conducted between 1998 and 2005.
    The Zone of influence (ZOI) is the extent of the ensonified zone in 
a given day. The ZOI was calculated using the following equations:

 Stationary source (e.g. DP thruster): [pi]r\2\
 Mobile source (e.g. sparkers): (distance/day * 2r) + [pi]r\2\

    Where distance is the maximum survey trackline per day (177.6 km) 
and r is the distance to the 160 dB (for impulsive sources) and 120 dB 
(for non-impulsive sources) isopleths. The isopleths were calculated 
using practical spreading.
    Estimated takes were calculated by multiplying the species density 
(animals per km\2\) by the appropriate ZOI, multiplied by the number of 
appropriate days (e.g. 42 for HRG activities or 12 for geotechnical 
activities) of the specified activity. A detailed description of the 
acoustic modeling used to calculate zones of influence is provided in 
Ocean Wind's IHA application (also see the discussion in the Mitigation 
section below).
    Ocean Wind used a ZOI of 26.757 km\2\ and a survey period of 42 
days, which includes estimated weather downtime, to estimate take from 
use of the HRG survey equipment during geophysical survey activities. 
The ZOI is based on the worst case (since it assumes the higher powered 
GeoSource 800 sparker will be operating all the time) and a maximum 
survey trackline of 110.4 mi (177.6 km) per day. Based on the proposed 
HRG survey schedule (June 2017), take calculations were based on the 
spring seasonal species density as derived from Roberts et al. (2016) 
for cetaceans and seasonal OPAREA density estimates (DoN, 2007) for 
pinnipeds. The resulting take estimates (rounded to the nearest whole 
number) are presented in Table 6.

[[Page 20577]]



                      Table 6--Estimated Level B Harassment Takes for HRG Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                  Percentage  of
                                                Density for    Calculated take   Requested take       stock
                   Species                    spring  (number/     (number)      authorization     potentially
                                                   km\2\)                           (number)         affected
----------------------------------------------------------------------------------------------------------------
North Atlantic Right Whale..................            .0000             0.00                0                0
Humpback Whale..............................            .0001             0.11                0                0
Fin Whale...................................            .0008             0.89              * 5            0.061
Sperm whale.................................            .0001             0.11                0                0
Minke Whale.................................            .0002             0.22                0                0
Bottlenose Dolphin..........................            .2534            284.7              285            0.385
Short beaked common Dolphin.................            .0282            31.69               32            0.047
Harbor Porpoise.............................            .0012             1.34              * 4            0.006
Harbor Seal.................................           0.0000             0.00                0                0
----------------------------------------------------------------------------------------------------------------
* Requested take authorization was increased to account for average group size of fin whales (5) and harbor
  porpoise (4).

    Ocean Wind used a ZOI of 0.31 m\2\ (0.79 km\2\) and a maximum DP 
thruster use period of 12 days to estimate take from use of the DP 
thruster during geotechnical survey activities. The ZOI represents the 
field-verified distance to the 120 dB isopleth for DP thruster use. 
Based on the proposed geotechnical survey schedule (September 2017), 
take calculations were based on the fall seasonal species density 
estimates (Roberts et al., 2016; DoN, 2007) (Table 7). The resulting 
take estimates (rounded to the nearest whole number) based upon these 
conservative assumptions for bottlenose dolphins and harbor seals are 
presented in Table 7. These numbers are based on 12 days and represent 
only 0.001 percent of the stock for each of these 2 species. Take 
estimates were increased to take into account average group size where 
needed (fin whale and harbor porpoise). Take calculations for North 
Atlantic right whale, humpback whale, sperm whale, and minke whale are 
at or near zero (refer to the Ocean Wind application); therefore, no 
takes for these species are requested or proposed for authorization.

                 Table 7--Estimated Level B Harassment Takes for Geotechnical Survey Activities
----------------------------------------------------------------------------------------------------------------
                                                                                                  Percentage  of
                                                Density for    Calculated take   Requested take       stock
                   Species                     fall  (number/      (number)      authorization     potentially
                                                 100 km\2\)                         (number)         affected
----------------------------------------------------------------------------------------------------------------
Bottlenose Dolphin..........................            11.44             1.08                1            0.001
Harbor seal.................................             9.74             0.92                1            0.001
----------------------------------------------------------------------------------------------------------------

    Ocean Wind's requested take numbers are provided in Tables 6 and 7 
and are also the number of takes NMFS is proposing to authorize. Ocean 
Wind'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 Tables 6 and 7 are the maximum number of 
animals that may be harassed during the HRG and geotechnical surveys 
(i.e., Ocean Wind assumes that each exposure event is a different 
animal). These estimates do not account for prescribed mitigation 
measures that Ocean Wind would implement during the specified 
activities and the fact that shutdown/powerdown procedures shall be 
implemented if an animal enters within 200 m of the vessel during HRG 
activities, and 500 m during geotechnical activities, further reducing 
the potential for any takes to occur during these activities.
    Ocean Wind used NMFS' Guidance (NMFS 2016) to determine sound 
exposure thresholds to determine when an activity that produces sound 
might result in impacts to a marine mammal such that a take by injury, 
in the form of PTS, might occur. The functional hearing groups and the 
associated PTS onset acoustic thresholds are indicated in Table 8 
below. Ocean Wind used the user spreadsheet to calculate the isopleth 
for the loudest source (sparker, sub-bottom profiler). The sub-bottom 
profiler was calculated with the following conditions: Source level at 
172.4 rms, vessel velocity of 2.058 m/s, repetition rate of 0.182, 
pulse duration of 22 ms and a weighting factor adjustment of 10 based 
on the spectrogram for this equipment (Gardline 2016). Isopleths were 
less than 3 m for all hearing groups; therefore, no Level A takes are 
requested. The Geo-source sparker model used the following parameters: 
source level at 188.7 rms Source level, vessel velocity of 2.058 meters 
per second (m/s), repetition rate of 0.25 seconds, pulse duration of 10 
ms and weighting factor adjustment of 3 based on the spectrograms for 
this equipment. Isopleths were less than 2 m for all hearing groups; 
therefore, no Level A takes are requested. The DP thruster was defined 
as non-impulsive static continuous source with an extrapolated source 
level of 150 dB rms based on far field measurements (Subacoustech 
2016), an activity duration of 4 hours and weighting factor adjustment 
of 2. The transmission loss coefficient of 11.1 was used based on the 
slope of best fit from field measurements (Subacoustech 2016). 
Isopleths were less than 1 m for all hearing groups; therefore, no 
Level A take are requested. No level A take is requested or proposed to 
be authorized for any of the sources used during HRG and geotechnical 
surveys.

[[Page 20578]]



                              Table 8--Summary of PTS onset Acoustic Thresholds \1\
----------------------------------------------------------------------------------------------------------------
                                                   PTS onset acoustic thresholds * (received level)
           Hearing group            ----------------------------------------------------------------------------
                                              Impulsive                            Non-impulsive
----------------------------------------------------------------------------------------------------------------
Low-frequency cetaceans............  Cell: 1 Lpk,flat: 219 dB;    Cell: 2 LE,LF,24h: 199 dB.
                                      LE,LF,24h: 183 dB.
Mid-frequency cetaceans............  Cell: 3 Lpk,flat: 230 dB;    Cell: 4 LE,MF,24h: 198 dB.
                                      LE,MF,24h: 185 dB.
High-frequency cetaceans...........  Cell: 5 Lpk,flat: 202 dB;    Cell: 6 LE,HF,24h: 173 dB.
                                      LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwaters).....  Cell: 7 Lpk,flat: 218 dB;    Cell: 8 LE,PW,24h: 201 dB.
                                      LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater).....  Cell: 9 Lpk,flat: 232 dB;    Cell: 10 LE,OW,24h: 219 dB.
                                      LE,OW,24h: 203 dB.
----------------------------------------------------------------------------------------------------------------
\1\ NMFS 2016.

Proposed Mitigation

    In order to issue an IHA under Section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to 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 (latter not applicable for this action). NMFS 
regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting such 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, we 
carefully balance two primary factors: (1) The manner in which, and the 
degree to which, the successful implementation of the measure(s) is 
expected to reduce impacts to marine mammals, marine mammal species or 
stocks, and their habitat, which considers the nature of the potential 
adverse impact being mitigated (likelihood, scope, range), as well as 
the likelihood that the measure will be effective if implemented; and 
the likelihood of effective implementation, and; (2) the practicability 
of the measures for applicant implementation, which may consider such 
things as cost, impact on operations, and, in the case of a military 
readiness activity, personnel safety, practicality of implementation, 
and impact on the effectiveness of the military readiness activity.
    With NMFS' input during the application process, and as per the 
BOEM Lease, Ocean Wind is proposing the following mitigation measures 
during site characterization surveys utilizing HRG survey equipment and 
use of the DP thruster. The mitigation measures outlined in this 
section are based on protocols and procedures that have been 
successfully implemented and resulted in no observed take of marine 
mammals for similar offshore projects and previously approved by NMFS 
(ESS 2013; Dominion 2013 and 2014).

Marine Mammal Exclusion Zones

    Protected species observers (PSOs) will monitor the following 
exclusion/monitoring zones for the presence of marine mammals:
     A 200-m exclusion zone during HRG surveys (this exceeds 
the estimated Level B harassment isopleth).
     A 500-m monitoring zone during the use of DP thrusters 
during geotechnical survey activities (this is equal to the Level B 
harassment isopleth).
    The 200 m exclusion zone is the default exclusion zone specified in 
stipulation 4.4.6.1 of the New Jersey OCS-A 0498 Lease Agreement. The 
500 m exclusion zone is based on field-verified distances established 
during similar survey work conducted within the Bay State Wind Lease 
Area (Subacoustech 2016).

Visual Monitoring

    Visual monitoring of the established exclusion zone(s) for the HRG 
and geotechnical surveys will be performed by qualified and NMFS-
approved PSOs, the resumes of whom will be provided to NMFS for review 
and approval prior to the start of survey activities. An observer team 
comprising a minimum of four NMFS-approved PSOs and two certified 
Passive Acoustic Monitoring (PAM) operators (PAM operators will not 
function as PSOs), operating in shifts, will be stationed aboard either 
the survey vessel or a dedicated PSO-vessel. PSOs and PAM operators 
will work in shifts such that no one monitor will work more than 4 
consecutive hours without a 2-hour break or longer than 12 hours during 
any 24-hour period. During daylight hours the PSOs will rotate in 
shifts of one on and three off, while during nighttime operations PSOs 
will work in pairs. The PAM operators will also be on call as necessary 
during daytime operations should visual observations become impaired. 
Each PSO will monitor 360 degrees of the field of vision.
    PSOs will be responsible for visually monitoring and identifying 
marine mammals approaching or within the established exclusion zone(s) 
during survey activities. It will be the responsibility of the Lead PSO 
on duty to communicate the presence of marine mammals as well as to 
communicate and enforce the action(s) that are necessary to ensure 
mitigation and monitoring requirements are implemented as appropriate. 
PAM operators will communicate detected vocalizations to the Lead PSO 
on duty, who will then be responsible for implementing the necessary 
mitigation procedures. A mitigation and monitoring communications flow 
diagram has been included as Appendix A in the IHA application.
    PSOs will be equipped with binoculars and have the ability to 
estimate distances to marine mammals located in proximity to the vessel 
and/or exclusion zone using range finders. Reticulated binoculars will 
also be available to PSOs for use as appropriate based on conditions 
and visibility to support the siting and monitoring of marine species. 
Digital single-lens reflex camera equipment will be used to record 
sightings and verify species identification. During night operations, 
PAM (see Passive Acoustic Monitoring requirements below) and night-
vision equipment in combination with infrared technology will be used 
(Additional details and specifications are provided in Ocean Wind's 
application in Appendix B for night-vision devices and Appendix C for 
infrared video monitoring technology). Position data will be recorded 
using hand-held or

[[Page 20579]]

vessel global positioning system (GPS) units for each sighting.
    The PSOs will begin observation of the exclusion zone(s) at least 
60 minutes prior to ramp-up of HRG survey equipment. Use of noise-
producing equipment will not begin until the exclusion zone is clear of 
all marine mammals for at least 60 minutes, as per the requirements of 
the BOEM Lease.
    If a marine mammal is detected approaching or entering the 200-m 
exclusion zones during the HRG survey, or the 500-m monitoring zone 
during DP thrusters use, the vessel operator would adhere to the 
shutdown (during HRG survey) or powerdown (during DP thruster use) 
procedures described below to minimize noise impacts on the animals.
    At all times, the vessel operator will maintain a separation 
distance of 500 m from any sighted North Atlantic right whale as 
stipulated in the Vessel Strike Avoidance procedures described below. 
These stated requirements will be included in the site-specific 
training to be provided to the survey team.

Vessel Strike Avoidance

    The Applicant will ensure that vessel operators and crew maintain a 
vigilant watch for cetaceans and pinnipeds and slow down or stop their 
vessels to avoid striking these species. Survey vessel crew members 
responsible for navigation duties will receive site-specific training 
on marine mammal and sea turtle sighting/reporting and vessel strike 
avoidance measures. Vessel strike avoidance measures will include the 
following, except under extraordinary circumstances when complying with 
these requirements would put the safety of the vessel or crew at risk:
     All vessel operators will comply with 10 knot (<18.5 km 
per hour [km/h]) speed restrictions in any Dynamic Management Area 
(DMA). In addition, all vessels operating from November 1 through July 
31 will operate at speeds of 10 knots (<18.5 km/h) or less.
     All survey vessels will maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines will not be engaged until the North Atlantic 
right whale has moved outside of the vessel's path and beyond 100 m. If 
stationary, the vessel must not engage engines until the North Atlantic 
right whale has moved beyond 100 m.
     All vessels will maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid (i.e., mysticetes and sperm 
whales) cetaceans. If sighted, the vessel underway must reduce speed 
and shift the engine to neutral and must not engage the engines until 
the non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel will not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels will maintain a separation distance of 50 m or 
greater from any sighted delphinoid cetacean. Any vessel underway will 
remain parallel to a sighted delphinoid cetacean's course whenever 
possible and avoid excessive speed or abrupt changes in direction. Any 
vessel underway reduces vessel speed to 10 knots or less when pods 
(including mother/calf pairs) or large assemblages of delphinoid 
cetaceans are observed. Vessels may not adjust course and speed until 
the delphinoid cetaceans have moved beyond 50 m and/or abeam (i.e., 
moving away and at a right angle to the centerline of the vessel) of 
the underway vessel.
     All vessels will maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    The training program will be provided to NMFS for review and 
approval prior to the start of surveys. Confirmation of the training 
and understanding of the requirements will be documented on a training 
course log sheet. Signing the log sheet will certify that the crew 
members understand and will comply with the necessary requirements 
throughout the survey event.

Seasonal Operating Requirements

    Between watch shifts, members of the monitoring team will consult 
the NMFS North Atlantic right whale reporting systems for the presence 
of North Atlantic right whales throughout survey operations. The 
proposed survey activities will, however, occur outside of the SMA 
located off the coasts of Delaware and New Jersey. The proposed survey 
activities will also occur in June/July and September, which is outside 
of the seasonal mandatory speed restriction period for this SMA 
(November 1 through April 30).
    Throughout all survey operations, Ocean Wind will monitor the NMFS 
North Atlantic right whale reporting systems for the establishment of a 
DMA. If NMFS should establish a DMA in the Lease Area under survey, 
within 24 hours of the establishment of the DMA Ocean Wind will work 
with NMFS to shut down and/or alter the survey activities to avoid the 
DMA.

Passive Acoustic Monitoring

    As per the BOEM Lease, alternative monitoring technologies (e.g., 
active or passive acoustic monitoring) are required if a Lessee intends 
to conduct geophysical surveys at night or when visual observation is 
otherwise impaired. To support 24-hour HRG survey operations, Ocean 
Wind will use certified PAM operators with experience reviewing and 
identifying recorded marine mammal vocalizations, as part of the 
project monitoring during nighttime operations to provide for optimal 
acquisition of species detections at night, or as needed during periods 
when visual observations may be impaired. In addition, PAM systems 
shall be employed during daylight hours to support system calibration 
and PSO and PAM team coordination, as well as in support of efforts to 
evaluate the effectiveness of the various mitigation techniques (i.e., 
visual observations during day and night, compared to the PAM 
detections/operations).
    Given the range of species that could occur in the Lease Area, the 
PAM system will consist of an array of hydrophones with both broadband 
(sampling mid-range frequencies of 2 kHz to 200 kHz) and at least one 
low-frequency hydrophone (sampling range frequencies of 75 Hz to 30 
kHz). Monitoring of the PAM system will be conducted from a customized 
processing station aboard the HRG survey vessel. The on-board 
processing station provides the interface between the PAM system and 
the operator. The PAM operator(s) will monitor the hydrophone signals 
in real time both aurally (using headphones) and visually (via the 
monitor screen displays). Ocean Wind proposes the use of PAMGuard 
software for ``target motion analysis'' to support localization in 
relation to the identified exclusion zone. PAMGuard is an open source 
and versatile software/hardware interface to enable flexibility in the 
configuration of in-sea equipment (number of hydrophones, 
sensitivities, spacing, and geometry). PAM operators will immediately 
communicate detections/vocalizations to the Lead PSO on duty who will 
ensure the implementation of the appropriate mitigation measure (e.g., 
shutdown) even if visual observations by PSOs have not been made.

[[Page 20580]]

Ramp-Up

    As per the BOEM Lease, a ramp-up procedure will be used for HRG 
survey equipment capable of adjusting energy levels at the start or re-
start of HRG survey activities. A ramp-up procedure will be used at the 
beginning of HRG survey activities in order to provide additional 
protection to marine mammals near the Lease Area by allowing them to 
vacate the area prior to the commencement of survey equipment use. The 
ramp-up procedure will not be initiated during daytime, night time, or 
periods of inclement weather if the exclusion zone cannot be adequately 
monitored by the PSOs using the appropriate visual technology (e.g., 
reticulated binoculars, night vision equipment) and/or PAM for a 60-
minute period. A ramp-up would begin with the power of the smallest 
acoustic HRG equipment at its lowest practical power output appropriate 
for the survey. The power would then be gradually turned up and other 
acoustic sources added such that the source level would increase in 
steps not exceeding 6 dB per 5-minute period. If marine mammals are 
detected within the HRG survey exclusion zone prior to or during the 
ramp-up, activities will be delayed until the animal(s) has moved 
outside the monitoring zone and no marine mammals are detected for a 
period of 60 minutes.
    The DP vessel thrusters will be engaged to support the safe 
operation of the vessel and crew while conducting geotechnical survey 
activities and require use as necessary. Therefore, there is no 
opportunity to engage in a ramp-up procedure.

Shutdown and Powerdown

    HRG Survey--The exclusion zone(s) around the noise-producing 
activities (HRG survey equipment) will be monitored, as previously 
described, by PSOs and at night by PAM operators for the presence of 
marine mammals before, during, and after any noise-producing activity. 
The vessel operator must comply immediately with any call for shutdown 
by the Lead PSO. Any disagreement should be discussed only after 
shutdown.
    As per the BOEM Lease, if a non-delphinoid (i.e., mysticetes and 
sperm whales) cetacean is detected at or within the established 
exclusion zone (200-m exclusion zone), an immediate shutdown of the HRG 
survey equipment is required. Subsequent restart of the 
electromechanical survey equipment must use the ramp-up procedures 
described above and may only occur following clearance of the exclusion 
zone for 60 minutes. These are extremely conservative shutdown zones, 
as the 200-m exclusion radii exceed the distances to the estimated 
Level B harassment isopleths (75.28 m.).
    As per the BOEM Lease, if a delphinoid cetacean or pinniped is 
detected at or within the exclusion zone, the HRG survey equipment 
(including the sub-bottom profiler) must be powered down to the lowest 
power output that is technically feasible. Subsequent power up of the 
survey equipment must use the ramp-up procedures described above and 
may occur after (1) the exclusion zone is clear of a delphinoid 
cetacean and/or pinniped for 60 minutes or (2) a determination by the 
PSO after a minimum of 10 minutes of observation that the delphinoid 
cetacean or pinniped is approaching the vessel or towed equipment at a 
speed and vector that indicates voluntary approach to bow-ride or chase 
towed equipment.
    If the HRG sound source (including the sub-bottom profiler) shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment 
(including the sub-bottom profiler) is required using the full ramp-up 
procedures and clearance of the exclusion zone of all cetaceans and 
pinnipeds for 60 minutes. If the pause is less than 20 minutes, the 
equipment may be restarted as soon as practicable at its operational 
level as long as visual surveys were continued diligently throughout 
the silent period and the exclusion zone remained clear of cetaceans 
and pinnipeds. If the visual surveys were not continued diligently 
during the pause of 20 minutes or less, a restart of the HRG survey 
equipment (including the sub-bottom profiler) is required using the 
full ramp-up procedures and clearance of the exclusion zone for all 
cetaceans and pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities, a constant position over the drill or CPT site must be 
maintained to ensure the integrity of the survey equipment. Any 
stoppage of DP thruster during the proposed geotechnical activities has 
the potential to result in significant damage to survey equipment. 
Therefore, during geotechnical survey activities, if marine mammals 
enter or approach the established exclusion and monitoring zone, Ocean 
Wind shall reduce DP thruster to the maximum extent possible, except 
under circumstances when reducing DP thruster use would compromise 
safety (both human health and environmental) and/or the integrity of 
the equipment. Reducing thruster energy will effectively reduce the 
potential for exposure of marine mammals to sound energy. After 
decreasing thruster energy, PSOs will continue to monitor marine mammal 
behavior and determine if the animal(s) is moving towards or away from 
the established monitoring zone. If the animal(s) continues to move 
towards the sound source then DP thruster use would remain at the 
reduced level. Normal use will resume when PSOs report that the marine 
mammals have moved away from and remained clear of the monitoring zone 
for a minimum of 60 minutes since the last sighting.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has preliminarily 
determined that the proposed mitigation measures provide the means of 
effecting the least practicable impact on the affected species or 
stocks and their habitat, paying particular attention to rookeries, 
mating grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth, ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for 
incidental take authorizations (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 proposed action area. Effective reporting is critical 
both to compliance as well as ensuring that the most value is obtained 
from the required monitoring.
    Monitoring measures prescribed by NMFS should contribute to 
improved understanding of one or more of the following general goals:
     Occurrence of marine mammal species or stocks in the 
action area (e.g., presence, abundance, distribution, density).
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) Action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life

[[Page 20581]]

history, dive patterns); (3) co-occurrence of marine mammal species 
with the action; or (4) biological or behavioral context of exposure 
(e.g., age, calving or feeding areas).
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors.
     How anticipated responses to stressors impact either: (1) 
Long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks.
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat).
     Mitigation and monitoring effectiveness.
    Ocean Wind submitted marine mammal monitoring and reporting 
measures as part of the IHA application. These measures may be modified 
or supplemented based on comments or new information received from the 
public during the public comment period.
    Visual Monitoring--Visual monitoring of the established Level B 
harassment zones (200-m radius during HRG surveys (note that this is 
the same as the mitigation exclusion/shutdown zones established for HRG 
survey sound sources); 500-m radius during DP thruster use (note that 
this is the same as the mitigation powerdown zone established for DP 
thruster sound sources)) will be performed by qualified and NMFS-
approved PSOs (see discussion of PSO qualifications and requirements in 
Marine Mammal Exclusion Zones above).
    The PSOs will begin observation of the monitoring zone during all 
HRG survey activities and all geotechnical operations where DP 
thrusters are employed. Observations of the monitoring zone will 
continue throughout the survey activity and/or while DP thrusters are 
in use. PSOs will be responsible for visually monitoring and 
identifying marine mammals approaching or entering the established 
monitoring zone during survey activities.
    Observations will take place from the highest available vantage 
point on the survey vessel. General 360-degree scanning will occur 
during the monitoring periods, and target scanning by the PSO will 
occur when alerted of a marine mammal presence.
    Data on all PSO observations will be recorded based on standard PSO 
collection requirements. This will include dates and locations of 
construction operations; time of observation, location and weather; 
details of the sightings (e.g., species, age classification (if known), 
numbers, behavior); and details of any observed ``taking'' (behavioral 
disturbances or injury/mortality). The data sheet will be provided to 
both NMFS and BOEM for review and approval prior to the start of survey 
activities. In addition, prior to initiation of survey work, all crew 
members will undergo environmental training, a component of which will 
focus on the procedures for sighting and protection of marine mammals. 
A briefing will also be conducted between the survey supervisors and 
crews, the PSOs, and Ocean Wind. The purpose of the briefing will be to 
establish responsibilities of each party, define the chains of command, 
discuss communication procedures, provide an overview of monitoring 
purposes, and review operational procedures.
    Acoustic Field Verification--As per the requirements of the BOEM 
Lease, field verification of the exclusion/monitoring zones will be 
conducted to determine whether the proposed zones correspond accurately 
to the relevant isopleths and are adequate to minimize impacts to 
marine mammals. The details of the field verification strategy will be 
provided in a Field Verification Plan no later than 45 days prior to 
the commencement of field verification activities.
    Ocean Wind must conduct field verification of the exclusion zone 
(the 160 dB isopleth) for HRG survey equipment and the powerdown zone 
(the 120 dB isopleth) for DP thruster use for all equipment operating 
below 200 kHz. Ocean Wind must take acoustic measurements at a minimum 
of two reference locations and in a manner that is sufficient to 
establish source level (peak at 1 meter) and distance to the 160 dB 
isopleth (the Level B harassment zones for HRG surveys) and 120 dB 
isopleth (the Level B harassment zone) for DP thruster use. Sound 
measurements must be taken at the reference locations at two depths 
(i.e., a depth at mid-water and a depth at approximately 1 meter (3.28 
ft) above the seafloor).
    Ocean Wind may use the results from its field-verification efforts 
to request modification of the exclusion/monitoring zones for the HRG 
or geotechnical surveys. Any new exclusion/monitoring zone radius 
proposed by Ocean Wind must be based on the most conservative 
measurements (i.e., the largest safety zone configuration) of the 
target Level A or Level B harassment acoustic threshold zones. The 
modified zone must be used for all subsequent use of field-verified 
equipment. Ocean Wind must obtain approval from NMFS and BOEM of any 
new exclusion/monitoring zone before it may be implemented and the IHA 
shall be modified accordingly.

Proposed Reporting Measures

    The Applicant will provide the following reports as necessary 
during survey activities:
     The Applicant will contact NMFS and BOEM within 24 hours 
of the commencement of survey activities and again within 24 hours of 
the completion of the activity.
     As per the BOEM Lease: Any observed significant behavioral 
reactions (e.g., animals departing the area) or injury or mortality to 
any marine mammals must be reported to NMFS and BOEM within 24 hours of 
observation. Dead or injured protected species are reported to the NMFS 
Greater Atlantic Regional Fisheries Office (GARFO) Stranding Hotline 
(800-900-3622) within 24 hours of sighting, regardless of whether the 
injury is caused by a vessel. In addition, if the injury of death was 
caused by a collision with a project related vessel, Ocean Wind must 
ensure that NMFS and BOEM are notified of the strike within 24 hours. 
Additional reporting requirements for injured or dead animals are 
described below (Notification of Injured or Dead Marine Mammals).
     Notification of Injured or Dead Marine Mammals--In the 
unanticipated event that the specified HRG and geotechnical activities 
lead to an injury of a marine mammal (Level A harassment) or mortality 
(e.g., ship-strike, gear interaction, and/or entanglement), Ocean Wind 
would immediately cease the specified activities and report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources and the NOAA GARFO Stranding Coordinator. The 
report would 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;

[[Page 20582]]

     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).
    Activities would not resume until NMFS is able to review the 
circumstances of the event. NMFS would work with Ocean Wind to minimize 
reoccurrence of such an event in the future. Ocean Wind would not 
resume activities until notified by NMFS.
    In the event that Ocean Wind discovers an injured or dead marine 
mammal and 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), Ocean Wind would immediately report the incident to 
the Chief of the Permits and Conservation Division, Office of Protected 
Resources and the GARFO Stranding Coordinator. The report would include 
the same information identified in the paragraph above. Activities 
would be able to continue while NMFS reviews the circumstances of the 
incident. NMFS would work with Ocean Wind to determine if modifications 
in the activities are appropriate.
    In the event that Ocean Wind discovers an injured or dead marine 
mammal and determines that the injury or death is not associated with 
or related to the activities authorized in the IHA (e.g., previously 
wounded animal, carcass with moderate to advanced decomposition, or 
scavenger damage), Ocean Wind would report the incident to the Chief of 
the Permits and Conservation Division, Office of Protected Resources, 
NMFS, and the NMFS GARFO Regional Stranding Coordinator, within 24 
hours of the discovery. Ocean Wind would provide photographs or video 
footage (if available) or other documentation of the stranded animal 
sighting to NMFS. Ocean Wind can continue its operations under such a 
case.
     Within 90 days after completion of the marine site 
characterization survey activities, a technical report will be provided 
to NMFS and BOEM that fully documents the methods and monitoring 
protocols, summarizes the data recorded during monitoring, estimates 
the number of marine mammals that may have been taken during survey 
activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
must be addressed in the final report prior to acceptance by NMFS.
     In addition to the Applicant's reporting requirements 
outlined above, Ocean Wind will provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This will be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.

Negligible Impact Analysis and Determinations

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival. A negligible impact 
finding is based on the lack of likely adverse effects on annual rates 
of recruitment or survival (i.e., population-level effects). An 
estimate of the number of takes, alone, is not enough information on 
which to base an impact determination. In addition to considering the 
authorized number of marine mammals that might be ``taken'' through 
harassment, NMFS considers other factors, such as the likely nature of 
any responses (e.g., intensity, duration), the context of any responses 
(e.g., critical reproductive time or location, migration, etc.), as 
well as effects on habitat, the status of the affected stocks, and the 
likely effectiveness of the mitigation. Consistent with the 1989 
preamble for NMFS' implementing regulations (54 FR 40338; September 29, 
1989), the impacts from other past and ongoing anthropogenic activities 
are incorporated into these analyses via their impacts on the 
environmental baseline (e.g., as reflected in the regulatory status of 
the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    As discussed in the Potential Effects section, permanent threshold 
shift, masking, non-auditory physical effects, and vessel strike are 
not expected to occur. Further, once an area has been surveyed, it is 
not likely that it will be surveyed again, thereby reducing the 
likelihood of repeated impacts within the project area.
    Potential impacts to marine mammal habitat were discussed 
previously in this document (see the Potential Effects of the Specified 
Activity on Marine Mammals and their Habitat section). Marine mammal 
habitat may be impacted by elevated sound levels and some sediment 
disturbance, but these impacts would be temporary. Feeding behavior is 
not likely to be significantly impacted, as marine mammals appear to be 
less likely to exhibit behavioral reactions or avoidance responses 
while engaged in feeding activities (Richardson et al., 1995). Prey 
species are mobile and are broadly distributed throughout the Lease 
Area; therefore, marine mammals that may be temporarily displaced 
during survey activities are expected to be able to resume foraging 
once they have moved away from areas with disturbing levels of 
underwater noise. Because of the temporary nature of the disturbance, 
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. Furthermore, there are 
no rookeries or mating grounds known to be biologically important to 
marine mammals within the proposed project area. A biologically 
important feeding area for North Atlantic right whale encompasses the 
Lease Area (LaBrecque et al., 2015); however, there is no temporal 
overlap between the biologically important area (BIA) (effective March-
April; November-December) and the proposed survey activities (May-June; 
October). There is one ESA-listed species for which takes are proposed 
for the fin whale. There are currently insufficient data to determine 
population trends for fin whale (Waring et al., 2015); however, we are 
proposing to authorize a single take for this species, therefore, we do 
not expect population-level impacts. There is no designated critical 
habitat for any ESA-listed marine mammals within the Lease Area, and 
none of the stocks for non-listed species proposed to be taken are 
considered ``depleted'' or ``strategic'' by NMFS under the MMPA.
    The proposed 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 HRG survey equipment reaches full 
energy and (2) reducing the intensity of exposure within a certain 
distance by reducing the DP thruster power. Additional vessel strike 
avoidance requirements will further mitigate potential impacts to 
marine mammals during vessel transit to and within the Study Area.
    Ocean Wind did not request, and NMFS is not proposing, take of 
marine mammals by injury, serious injury, or mortality. NMFS expects 
that most takes would be in the form of short-term Level

[[Page 20583]]

B behavioral harassment in the form of brief startling reaction and/or 
temporary avoidance of the area or decreased foraging (if such activity 
were occurring)--reactions that are considered to be of low severity 
and with no lasting biological consequences (e.g., Southall et al., 
2007). This is largely due to the short time scale of the proposed 
activities, the low source levels and intermittent nature of many of 
the technologies proposed to be used, as well as the required 
mitigation.
    NMFS concludes that exposures to marine mammal species and stocks 
due to Ocean Wind's HRG and geotechnical survey activities would result 
in only short-term (temporary and short in duration) and relatively 
infrequent effects to individuals exposed and not of the type or 
severity that would be expected to be additive for the very small 
portion of the stocks and species likely to be exposed. Given the 
duration and intensity of the activities (including the mitigation) 
NMFS does not anticipate the proposed take estimates to impact annual 
rates of recruitment or survival. Animals may temporarily avoid the 
immediate area, but are not expected to permanently abandon the area. 
Major shifts in habitat use, distribution, or foraging success, are not 
expected.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted above, only small numbers of incidental take may be 
authorized under Section 101(a)(5)(D) of the MMPA for specified 
activities other than military readiness activities. The MMPA does not 
define small numbers and so, in practice, NMFS compares the number of 
individuals taken to the most appropriate estimation of the relevant 
species or stock size in our determination of whether an authorization 
is limited to small numbers of marine mammals.

               Table 9--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
----------------------------------------------------------------------------------------------------------------
                                                                                                  Percentage of
                                                                Requested take  Stock abundance       stock
                           Species                              authorization       estimate       potentially
                                                                   (number)                          affected
----------------------------------------------------------------------------------------------------------------
Fin Whale (Balaenoptera physalus)............................                5            1,618             0.31
Bottlenose Dolphin (Tursiops truncatus)......................              286           77,532            0.368
Short beaked common Dolphin (Delphinus delphis)..............               32           70,184            0.045
Harbor Porpoise (Phocoena phocoena)..........................              * 4           79,883            0.005
Harbor Seal \1\ (Phoca vitulina).............................                1           75,834            0.001
----------------------------------------------------------------------------------------------------------------
* Modeled take of this species was increased to account for average group size.

    The requested takes proposed to be authorized for the HRG and 
geotechnical surveys represent 0.31 percent of the WNA stock of fin 
whale, 0.045 percent of the WNA stock of short-beaked common dolphin, 
0.368 percent of the Western north Atlantic, offshore stock of 
bottlenose dolphin, 0.005 percent of the Gulf of Maine/Bay of Fundy 
stock of harbor porpoise, and 0.001 percent of the WNA stock of harbor 
seal (Tables 9). These take estimates represent the percentage of each 
species or stock that could be taken by Level B behavioral harassment 
and are extremely small numbers (less than 1 percent) relative to the 
affected species or stock sizes.
    Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals will be taken relative to the population size 
of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

Endangered Species Act

    Issuance of an MMPA authorization requires compliance with the ESA. 
Within the project area, fin, humpback, and North Atlantic right whale 
are listed as endangered under the ESA. Under section 7 of the ESA, 
BOEM consulted with NMFS on commercial wind lease issuance and site 
assessment activities on the Atlantic Outer Continental Shelf in 
Massachusetts, Rhode Island, New York and New Jersey Wind Energy Areas. 
NOAA's GARFO issued a Biological Opinion concluding that these 
activities may adversely affect but are not likely to jeopardize the 
continued existence of fin whale, humpback whale, or North Atlantic 
right whale. The Biological Opinion can be found online at https://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm. NMFS is also 
consulting internally on the issuance of an IHA under section 
101(a)(5)(D) of the MMPA for this activity. Following issuance of the 
Ocean Wind's IHA, the Biological Opinion may be amended to include an 
incidental take exemption for these marine mammal species, as 
appropriate.

National Environmental Policy Act (NEPA)

    NMFS is preparing an Environmental Assessment (EA) in accordance 
with the National Environmental Policy Act (NEPA) and will consider 
comments submitted in response to this notice as part of that process. 
The EA will be posted at https://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm once it is finalized.

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to Ocean Wind for conducting HRG survey activities and use 
of DP vessel thrusters during geotechnical survey activities from June 
2017 through May 2018, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated. This section 
contains a draft of the IHA itself. The wording contained in this 
section is proposed for inclusion in the IHA (if issued).
    Ocean Wind, LLC (Ocean Wind) is hereby authorized under section 
101(a)(5)(D) of the Marine Mammal Protection Act (16 U.S.C. 
1371(a)(5)(D)) and 50 CFR 216.107, to harass marine

[[Page 20584]]

mammals incidental to high-resolution geophysical (HRG) and 
geotechnical survey investigations associated with marine site 
characterization activities off the coast of New Jersey in the area of 
the Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf (OCS-A 0498) (the Lease 
Area).
    1. This Authorization is valid from June 1, 2017 through May 31, 
2018.
    2. This Authorization is valid only for HRG and geotechnical survey 
investigations associated with marine site characterization activities, 
as described in the Incidental Harassment Authorization (IHA) 
application.
    3. The holder of this authorization (Holder) is hereby authorized 
to take, by Level B harassment only, 32 short-beaked common dolphins 
(Delphinus delphis), 286 bottlenose dolphin (Tursiops truncatus), 4 
harbor porpoise (Phocoena phocoena), 5 fin whale (Balaenoptera 
physalus), and 1 harbor seal (Phoca vitulina) incidental to HRG survey 
activities and dynamic positioning (DP) vessel thruster use during 
geotechnical activities.
    4. The taking of any marine mammal in a manner prohibited under 
this IHA must be reported immediately to NMFS' Greater Atlantic 
Regional Fisheries Office (GARFO).
    5. The Holder or designees must notify NMFS GARFO and Office of 
Protected Resources (OPR) at least 24 hours prior to the seasonal 
commencement of the specified activity.
    6. The holder of this Authorization must notify the Chief of the 
Permits and Conservation Division, Office of Protected Resources, or 
her designee at least 24 hours prior to the start of survey activities 
(unless constrained by the date of issuance of this Authorization in 
which case notification shall be made as soon as possible) at 301-427-
8401 or to laura.mccue@noaa.gov.
7. Mitigation Requirements
    The Holder is required to abide by the following mitigation 
conditions listed in 7(a)-(f). Failure to comply with these conditions 
may result in the modification, suspension, or revocation of this IHA.
    (a) Marine Mammal Exclusion Zones: Protected species observers 
(PSOs) shall monitor the following zones for the presence of marine 
mammals:
     A 200-m exclusion zone during HRG surveys is in operation.
     A 500-m monitoring zone during the use of DP thrusters 
during geotechnical survey.
     At all times, the vessel operator shall maintain a 
separation distance of 500 m from any sighted North Atlantic right 
whale as stipulated in the Vessel Strike Avoidance procedures described 
below.

Visual monitoring of the established exclusion zone(s) shall be 
performed by qualified and NMFS-approved protected species observers 
(PSOs). An observer team comprising a minimum of four NMFS-approved 
PSOs and two certified Passive Acoustic Monitoring (PAM) operators, 
operating in shifts, shall be stationed aboard either the survey vessel 
or a dedicated PSO-vessel. PSOs shall be equipped with binoculars and 
have the ability to estimate distances to marine mammals located in 
proximity to the vessel and/or exclusion zone using range finders. 
Reticulated binoculars will also be available to PSOs for use as 
appropriate based on conditions and visibility to support the siting 
and monitoring of marine species. Digital single-lens reflex camera 
equipment shall be used to record sightings and verify species 
identification. During night operations, PAM (see Passive Acoustic 
Monitoring requirements below) and night-vision equipment in 
combination with infrared video monitoring shall be used. The PSOs 
shall begin observation of the exclusion zone(s) at least 60 minutes 
prior to ramp-up of HRG survey equipment. Use of noise-producing 
equipment shall not begin until the exclusion zone is clear of all 
marine mammals for at least 60 minutes. If a marine mammal is seen 
approaching or entering the 200-m exclusion zones during the HRG 
survey, or the 500-m monitoring zone during DP thrusters use, the 
vessel operator shall adhere to the shutdown/powerdown procedures 
described below to minimize noise impacts on the animals.
    (b) Ramp-Up: A ramp-up procedure shall be used for HRG survey 
equipment capable of adjusting energy levels at the start or re-start 
of HRG survey activities. The ramp-up procedure shall not be initiated 
during daytime, night time, or periods of inclement weather if the 
exclusion zone cannot be adequately monitored by the PSOs using the 
appropriate visual technology (e.g., reticulated binoculars, night 
vision equipment) and/or PAM for a 60-minute period. A ramp-up shall 
begin with the power of the smallest acoustic HRG equipment at its 
lowest practical power output appropriate for the survey. The power 
shall then be gradually turned up and other acoustic sources added such 
that the source level would increase in steps not exceeding 6 dB per 5-
minute period. If a marine mammal is sighted within the HRG survey 
exclusion zone prior to or during the ramp-up, activities shall be 
delayed until the animal(s) has moved outside the monitoring zone and 
no marine mammals are sighted for a period of 60 minutes.

(c) Shutdown and Powerdown

    HRG Survey--The exclusion zone(s) around the noise-producing 
activities HRG survey equipment will be monitored, as previously 
described, by PSOs and at night by PAM operators for the presence of 
marine mammals before, during, and after any noise-producing activity. 
The vessel operator must comply immediately with any call for shutdown 
by the Lead PSO. If a non-delphinoid (i.e., mysticetes and sperm 
whales) cetacean is detected at or within the established exclusion 
zone (200-m exclusion zone during HRG surveys), an immediate shutdown 
of the HRG survey equipment is required. Subsequent restart of the 
electromechanical survey equipment must use the ramp-up procedures 
described above and may only occur following clearance of the exclusion 
zone for 60 minutes. If a delphinoid cetacean or pinniped is detected 
at or within the exclusion zone, the HRG survey equipment must be 
powered down to the lowest power output that is technically feasible. 
Subsequent power up of the survey equipment must use the ramp-up 
procedures described above and may occur after (1) the exclusion zone 
is clear of a delphinoid cetacean and/or pinniped for 60 minutes or (2) 
a determination by the PSO after a minimum of 10 minutes of observation 
that the delphinoid cetacean or pinniped is approaching the vessel or 
towed equipment at a speed and vector that indicates voluntary approach 
to bow-ride or chase towed equipment. If the HRG sound source shuts 
down for reasons other than encroachment into the exclusion zone by a 
marine mammal including but not limited to a mechanical or electronic 
failure, resulting in in the cessation of sound source for a period 
greater than 20 minutes, a restart for the HRG survey equipment is 
required using the full ramp-up procedures and clearance of the 
exclusion zone of all cetaceans and pinnipeds for 60 minutes. If the 
pause is less than 20 minutes, the equipment may be restarted as soon 
as practicable at its operational level as long as visual surveys were 
continued diligently throughout the silent period and the exclusion 
zone remained clear of cetaceans and pinnipeds. If the visual surveys 
were not continued diligently during the pause of 20 minutes or less, a 
restart of the HRG survey equipment is required using the full ramp-up 
procedures and clearance of the

[[Page 20585]]

exclusion zone for all cetaceans and pinnipeds for 60 minutes.
    Geotechnical Survey (DP Thrusters)--During geotechnical survey 
activities if marine mammals enter or approach the established 120 dB 
isopleth monitoring zone, the Holder shall reduce DP thruster to the 
maximum extent possible, except under circumstances when reducing DP 
thruster use would compromise safety (both human health and 
environmental) and/or the integrity of the equipment. After decreasing 
thruster energy, PSOs shall continue to monitor marine mammal behavior 
and determine if the animal(s) is moving towards or away from the 
established monitoring zone. If the animal(s) continues to move towards 
the sound source then DP thruster use shall remain at the reduced 
level. Normal use shall resume when PSOs report that the marine mammals 
have moved away from and remained clear of the monitoring zone for a 
minimum of 60 minutes since the last sighting.
    (d) Vessel Strike Avoidance: The Holder shall ensure that vessel 
operators and crew maintain a vigilant watch for cetaceans and 
pinnipeds and slow down or stop their vessels to avoid striking these 
protected species. Survey vessel crew members responsible for 
navigation duties shall receive site-specific training on marine mammal 
sighting/reporting and vessel strike avoidance measures. Vessel strike 
avoidance measures shall include the following, except under 
extraordinary circumstances when complying with these requirements 
would put the safety of the vessel or crew at risk:
     All vessel operators shall comply with 10 knot (<18.5 km 
per hour (km/h)) speed restrictions in any Dynamic Management Area 
(DMA). In addition, all vessels operating from November 1 through July 
31 shall operate at speeds of 10 knots (<18.5 km/h) or less.
     All survey vessels shall maintain a separation distance of 
500 m or greater from any sighted North Atlantic right whale.
     If underway, vessels must steer a course away from any 
sited North Atlantic right whale at 10 knots (<18.5 km/h) or less until 
the 500 m minimum separation distance has been established. If a North 
Atlantic right whale is sited in a vessel's path, or within 100 m to an 
underway vessel, the underway vessel must reduce speed and shift the 
engine to neutral. Engines shall not be engaged until the North 
Atlantic right whale has moved outside of the vessel's path and beyond 
100 m. If stationary, the vessel must not engage engines until the 
North Atlantic right whale has moved beyond 100 m.
     All vessels shall maintain a separation distance of 100 m 
or greater from any sighted non-delphinoid (i.e., mysticetes and sperm 
whales) cetacean. If sighted, the vessel underway must reduce speed and 
shift the engine to neutral, and must not engage the engines until the 
non-delphinoid cetacean has moved outside of the vessel's path and 
beyond 100 m. If a survey vessel is stationary, the vessel shall not 
engage engines until the non-delphinoid cetacean has moved out of the 
vessel's path and beyond 100 m.
     All vessels shall maintain a separation distance of 50 m 
or greater from any sighted delphinoid cetacean. Any vessel underway 
shall remain parallel to a sighted delphinoid cetacean's course 
whenever possible, and avoid excessive speed or abrupt changes in 
direction. Any vessel underway shall reduce vessel speed to 10 knots or 
less when pods (including mother/calf pairs) or large assemblages of 
delphinoid cetaceans are observed. Vessels may not adjust course and 
speed until the delphinoid cetaceans have moved beyond 50 m and/or 
abeam of the underway vessel.
     All vessels shall maintain a separation distance of 50 m 
(164 ft) or greater from any sighted pinniped.
    (e) Seasonal Operating Requirements: Between watch shifts members 
of the monitoring team shall consult the NMFS North Atlantic right 
whale reporting systems for the presence of North Atlantic right whales 
throughout survey operations. The proposed survey activities shall 
occur outside of the seasonal management area (SMA) located off the 
coast of New Jersey and Delaware and outside of the seasonal mandatory 
speed restriction period for this SMA (November 1 through April 30). 
Throughout all survey operations, the Holder shall monitor the NMFS 
North Atlantic right whale reporting systems for the establishment of a 
DMA. If NMFS should establish a DMA in the Lease Area under survey, 
within 24 hours of the establishment of the DMA the Holder shall work 
with NMFS to shut down and/or alter the survey activities to avoid the 
DMA.
    (f) Passive Acoustic Monitoring: To support 24-hour survey 
operations, the Holder shall include PAM as part of the project 
monitoring during the geophysical survey during nighttime operations, 
or as needed during periods when visual observations may be impaired. 
In addition, PAM systems shall be employed during daylight hours to 
support system calibration and PSO and PAM team coordination, as well 
as in support of efforts to evaluate the effectiveness of the various 
mitigation techniques (i.e., visual observations during day and night, 
compared to the PAM detections/operations).
    The PAM system shall consist of an array of hydrophones with both 
broadband (sampling mid-range frequencies of 2 kHz to 200 kHz) and at 
least one low-frequency hydrophone (sampling range frequencies of 75 Hz 
to 30 kHz). The PAM operator(s) shall monitor the hydrophone signals in 
real time both aurally (using headphones) and visually (via the monitor 
screen displays). PAM operators shall communicate detections/
vocalizations to the Lead PSO on duty who shall ensure the 
implementation of the appropriate mitigation measure.
8. Monitoring Requirements
    The Holder is required to abide by the following monitoring 
conditions listed in 8(a)-(b). Failure to comply with these conditions 
may result in the modification, suspension, or revocation of this IHA.
    (a) Visual Monitoring--Protected species observers (refer to the 
PSO qualifications and requirements for Marine Mammal Exclusion Zones 
above) shall visually monitor the established Level B harassment zones 
(200-m radius during HRG surveys; 500-m radius during DP thruster use). 
The observers shall be stationed on the highest available vantage point 
on the associated operating platform. PSOs shall estimate distance to 
marine mammals visually, using laser range finders or by using 
reticulated binoculars during daylight hours. During night operations, 
PSOs shall use night-vision binoculars and infrared technology. Data on 
all PSO observations will be recorded based on standard PSO collection 
requirements. This will include dates and locations of survey 
operations; time of observation, location and weather; details of the 
sightings (e.g., species, age classification (if known), numbers, 
behavior); and details of any observed ``taking'' (behavioral 
disturbances or injury/mortality). In addition, prior to initiation of 
survey work, all crew members will undergo environmental training, a 
component of which will focus on the procedures for sighting and 
protection of marine mammals
    (b) Acoustic Field Verification--Field verification of the 
exclusion/monitoring zones shall be conducted to determine whether the 
proposed zones correspond accurately to the relevant isopleths and are 
adequate to minimize impacts to marine mammals. The Holder shall 
conduct field verification of the exclusion/monitoring zone (the 160 dB 
isolpleth) for HRG survey equipment

[[Page 20586]]

and the monitoring/powerdown zone (the 120 dB isopleth) for DP thruster 
use for all equipment operating below 200 kHz. The Holder shall take 
acoustic measurements at a minimum of two reference locations and in a 
manner that is sufficient to establish source level (peak at 1 meter) 
and distance to the 160 dB isopleth (the Level B harassment zones for 
HRG surveys) and 120 dB isopleth (the Level B harassment zone) for DP 
thruster use. Sound measurements shall be taken at the reference 
locations at two depths (i.e., a depth at mid-water and a depth at 
approximately 1 meter (3.28 ft) above the seafloor). The Holder may use 
the results from its field-verification efforts to request modification 
of the exclusion/monitoring zones for the HRG or geotechnical surveys. 
Any new exclusion/monitoring zone radius proposed by the Holder shall 
be based on the most conservative measurements (i.e., the largest 
safety zone configuration) of the target Level A or Level B harassment 
acoustic threshold zones. The modified zone shall be used for all 
subsequent use of field-verified equipment. The Holder shall obtain 
approval from NMFS and BOEM of any new exclusion/monitoring zone before 
it may be implemented and the IHA shall be modified accordingly.
9. Reporting Requirements
    The Holder shall provide the following reports as necessary during 
survey activities:
    (a) The Holder shall contact NMFS (301-427-8401) and BOEM (703-787-
1300) within 24 hours of the commencement of survey activities and 
again within 24 hours of the completion of the activity.
    (b) Any observed significant behavioral reactions (e.g., animals 
departing the area) or injury or mortality to any marine mammals shall 
be reported to NMFS and BOEM within 24 hours of observation. Dead or 
injured protected species shall be reported to the NMFS GARFO Stranding 
Hotline (800-900-3622) within 24 hours of sighting, regardless of 
whether the injury is caused by a vessel. In addition, if the injury of 
death was caused by a collision with a project related vessel, the 
Holder shall ensure that NMFS and BOEM are notified of the strike 
within 24 hours. The Holder shall use the form included as Appendix A 
to Addendum C of the Lease to report the sighting or incident. If the 
Holder is responsible for the injury or death, the vessel must assist 
with any salvage effort as requested by NMFS.
    Additional reporting requirements for injured or dead animals are 
described below (Notification of Injured or Dead Marine Mammals).

(c) Notification of Injured or Dead Marine Mammals

    (i) In the unanticipated event that the specified HRG and 
geotechnical survey activities lead to an injury of a marine mammal 
(Level A harassment) or mortality (e.g., ship-strike, gear interaction, 
and/or entanglement), the Holder shall immediately cease the specified 
activities and report the incident to the Chief of the Permits and 
Conservation Division, Office of Protected Resources, 301-427-8401, and 
the NOAA GARFO Stranding Coordinator, 978-281-9300. The report shall 
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).
    Activities shall not resume until NMFS is able to review the 
circumstances of the event. NMFS would work with the Holder to minimize 
reoccurrence of such an event in the future. The Holder shall not 
resume activities until notified by NMFS.
    (ii) In the event that the Holder discovers an injured or dead 
marine mammal and 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), the Holder shall immediately report 
the incident to the Chief of the Permits and Conservation Division, 
Office of Protected Resources, 301-427-8401, and the GARFO Stranding 
Coordinator, 978-281-9300. The report shall include the same 
information identified in the paragraph above. Activities would be able 
to continue while NMFS reviews the circumstances of the incident. NMFS 
would work with the Holder to determine if modifications in the 
activities are appropriate.
    (iii) In the event that the Holder discovers an injured or dead 
marine mammal and determines that the injury or death is not associated 
with or related to the activities authorized in the IHA (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), the Holder shall report the 
incident to the Chief of the Permits and Conservation Division, Office 
of Protected Resources, NMFS, 301-427-8401, and the NMFS GARFO Regional 
Stranding Coordinator, 978-281-9300, within 24 hours of the discovery. 
The Holder shall provide photographs or video footage (if available) or 
other documentation of the stranded animal sighting.
    (d) Within 90 days after completion of the marine site 
characterization survey activities, a technical report shall be 
provided to NMFS and BOEM that fully documents the methods and 
monitoring protocols, summarizes the data recorded during monitoring, 
estimates the number of marine mammals that may have been taken during 
survey activities, and provides an interpretation of the results and 
effectiveness of all monitoring tasks. Any recommendations made by NMFS 
shall be addressed in the final report prior to acceptance by NMFS.
    (e) In addition to the Holder's reporting requirements outlined 
above, the Holder shall provide an assessment report of the 
effectiveness of the various mitigation techniques, i.e. visual 
observations during day and night, compared to the PAM detections/
operations. This shall be submitted as a draft to NMFS and BOEM 30 days 
after the completion of the HRG and geotechnical surveys and as a final 
version 60 days after completion of the surveys.
    10. This Authorization may be modified, suspended, or withdrawn if 
the Holder fails to abide by the conditions prescribed herein or if 
NMFS determines the authorized taking is having more than a negligible 
impact on the species or stock of affected marine mammals.
    11. A copy of this Authorization and the Incidental Take Statement 
must be in the possession of each vessel operator taking marine mammals 
under the authority of this Incidental Harassment Authorization.
    12. The Holder is required to comply with the Terms and Conditions 
of the Incidental Take Statement corresponding to NMFS' Biological 
Opinion.

Request for Public Comments

    We request comment on our analyses, the draft authorization, and 
any other aspect of this Notice of Proposed IHA for the proposed HRG 
and geotechnical

[[Page 20587]]

survey investigation. Please include with your comments any supporting 
data or literature citations to help inform our final decision on the 
request for MMPA authorization.

    Dated: April 27, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2017-08918 Filed 4-28-17; 4:15 pm]
 BILLING CODE 3510-22-P