Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys off the Coast of New Jersey, 31562-31575 [2017-14260]
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
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
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of an Incidental
Harassment Authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA) as
amended, notification is hereby given
that NMFS has issued an incidental
harassment authorization (IHA) to
Ocean Wind, LLC (Ocean Wind), to
incidentally harass, by Level B
harassment only, marine mammals
during 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).
DATES: This Authorization is effective
from June 8, 2017, through June 7, 2018.
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:
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SUMMARY:
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
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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
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 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 planned geophysical survey
activities will occur for 42 days
beginning in early June 2017, and
geotechnical survey activities will take
place in September 2017 and last for
approximately 12 days. The following
specific aspects of the planned activities
are likely to result in the take of marine
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mammals: shallow and mediumpenetration sub-bottom profilers
(chirper and sparker) used during the
HRG survey, and dynamicallypositioned (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 plans 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 wind farm. Surveys will include the
use of the following equipment: multibeam depth sounder, side-scan sonar,
sub-bottom profiler, and cone
penetration tests (CPTs). A detailed
description of the planned marine site
characterization project was provided in
the Federal Register notice for the
proposed IHA (82 FR 20563; May 3,
2017). Since that time, no changes have
been made to the planned activities.
Therefore, a detailed description is not
provided here. Please refer to that
Federal Register notice for the
description of the specific activity.
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
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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).
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
HRG equipment
Operating
frequencies
Source
level (manufacturer)
(dBpeak; dBrms)
Sonardyne Ranger 2 USBL ....................
35–50 kHz ..............
200 dBPeak; n/a .......
Klein 3000H Sidescan Sonar ..................
445/900 kHz ...........
GeoPulse Sub-bottom Profiler (chirper)
1.5 to 18 kHz .........
Geo-Source 600/800 (sparker) ...............
50 to 5000 Hz ........
245 dBPeak; 242
dBrms.
223.5 dBPeak; 208
dBrms.
222/223 dBPeak; 221/
223 dBrms.
SeaBat 7125 Multibeam Sonar ...............
200/400 kHz ...........
220 dBPeak; 213
dBrms.
Source level
(bay state wind
survey) *
(dBpeak; dBrms)
Pulse
duration
(millisec)
Beamwidth
(degree)
194 dBPeak; 166.10
dBrms.
n/a; n/a ....................
180
1.
0.2
0.0025 to 0.4.
203 dBPeak; 172.45
dBrms.
206/212 dBPeak;
182.10/188.15
dBrms.
n/a; n/a ....................
55
0.1 to 22.
110
2
1 to 10.
0.03 to 0.3.
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* Gardline 2016, 2017.
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 will 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.
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
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sub-bottom profiler operation). Subbottom 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 GeoSource 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 10
millisecond (ms) at an operating
frequency of 50 to 5000 Hertz (Hz).
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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 250ft 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.
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Operations will take place over a 24hour 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 will be
approximately 12 days excluding
weather downtime. Estimated weather
downtime is approximately 10 days.
Please see the previously referenced
Federal Register notice (82 FR 20563;
May 3, 2017) for a more detailed
description of the specified activity.
Comments and Responses
A notice of NMFS’ proposal to issue
an IHA to Ocean Wind was published
in the Federal Register on May 3, 2017
(82 FR 20563). That notice described, in
detail, Ocean Wind’s activity, the
marine mammal species that may be
affected by the activity and the
anticipated effects on marine mammals.
During the 30-day public comment
period, NMFS received comments from
the Marine Mammal Commission
(Commission) and the Center for
Regulatory Effectiveness (CRE).
Comment 1: The Commission
recommends that, until the behavior
thresholds are updated, NMFS require
applicants to use the 120- rather than
160-dB re 1 mPa threshold for acoustic,
non-impulsive sources (e.g., chirp-type
sub-bottom profilers, echosounders, and
other sonars including side-scan and
fish-finding).
Response: NMFS considers subbottom profilers to be impulsive
sources; therefore, 160 dB threshold will
continue to be used. Additionally,
BOEM listed sparkers as impulsive
sources (BOEM 2016). The 120-dB
threshold is typically associated with
continuous sources. Continuous sounds
are those whose sound pressure level
remains above that of the ambient
sound, with negligibly small
fluctuations in level (NIOSH, 1998;
ANSI, 2005). Intermittent sounds are
defined as sounds with interrupted
levels of low or no sound (NIOSH,
1998). Sub-bottom profiler signals are
intermittent sounds. Intermittent sounds
can further be defined as either
impulsive or non-impulsive. Impulsive
sounds have been defined as sounds
which are typically transient, brief (<1
sec), broadband, and consist of a high
peak pressure with rapid rise time and
rapid decay (ANSI, 1986; NIOSH, 1998).
Non-impulsive sounds typically have
more gradual rise times and longer
decays (ANSI, 1995; NIOSH, 1998). Subbottom profiler signals have durations
that are typically very brief (<1 sec),
with temporal characteristics that more
closely resemble those of impulsive
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sounds than non-impulsive sounds.
With regard to behavioral thresholds,
we consider the temporal and spectral
characteristics of sub-bottom profiler
signals to more closely resemble those
of an impulse sound rather than a
continuous sound. The 160-dB
threshold is typically associated with
impulsive sources. Therefore, the 160dB threshold (typically associated with
impulsive sources) is more appropriate
than the 120-dB threshold (typically
associated with continuous sources) for
estimating takes by behavioral
harassment incidental to use of such
sources.
Comment 2: The Commission
recommends that NMFS work with the
BOEM Office of Renewable Energy to
determine the circumstances under
which adoption of mutually agreedupon mitigation measures would avoid
the potential for taking marine
mammals and the need for an IHA. The
Commission further recommends that
NMFS use a consistent approach for
reducing (or not reducing) the numbers
of estimated takes based on the
requirement to implement mitigation
measures to preclude taking in the
respective Level B harassment zones.
Response: NMFS appreciates the
Commission’s recommendations to
streamline our incidental take
authorization (ITA) process. NMFS
believes that for this project with
activities occurring at night and over a
long duration, we are not comfortable
assuming we can avoid all takes with
mitigation measures in place. Ocean
Wind’s application included
conservative monitoring measures,
which will help reduce take of marine
mammals, but may not completely
eliminate the possibility for take.
In regards to the Commission’s
recommendation for using a consistent
approach to reducing the number of
estimated take, they referenced our ITAs
involving Cook Inlet beluga whales.
First, Ocean Wind’s project is not the
same situation as in Cook Inlet. In Cook
Inlet there is a small resident population
of beluga whales, and applicants have
proposed shutting down when a certain
number of total belugas observed within
the Level B zone is reached to help
ensure that no more than small numbers
(an MMPA requirement) of belugas are
taken during their activity. Second,
regarding consistency, NMFS generally
applies standard minimum mitigation
requirements to different activity types.
However, if an applicant proposes
measures that are more protective than
the standard minimum in their
application (and NMFS believes that
those measures will effect a reduction of
impacts beyond the standard minimum
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measures), it suggests that those
measures are practicable for the
applicant may be appropriate for NMFS
to include them to meet our least
practicable adverse impact standard.
Though standard minimum measures
are helpful and generally used, the
overall suite of mitigation measures is
determined on a case-by-case basis, is
dependent upon multiple factors
specific to the activity, environment,
and affected species, and may vary some
between projects.
Comment 3: CRE does not oppose
NMFS’ issuance of the IHA, but they do
oppose NMFS’ use of the acoustic
Guidance in the IHA. Given the
Executive Order (EO) 13795, CRE
commented that NMFS does not have
the authority to use the Guidance until
the Commerce Secretary has completed
his review and made a decision as to
whether to revise or rescind the
Guidance. They further recommend that
NMFS remove any claim that OMB had
approved an Information Collection
Request (ICR) for the Guidance, and
NMFS should correct information
disseminations that suggest or require
that the Guidance may be used for any
regulatory purpose.
Response: As described in our May
31, 2017 Federal Register notice (82 FR
24950), NMFS is soliciting public
comment on the Guidance in
accordance with EO 13795. NMFS will
also consult the appropriate Federal
agencies to assist the Secretary of
Commerce in reviewing the Technical
Guidance for consistency with the
policy in section 2 of EO 13795. As
mandated by the EO, at the conclusion
of the review the Secretary of Commerce
will make a determination of how to
proceed. At that point, NMFS will
determine what information will be
provided on our information
disseminations. EO 13795 does not state
that the Guidance cannot be used during
the review process; therefore, the
Guidance remains applicable during
this time. The Guidance explicitly states
that ITA applicants are not required to
use it and that, if an alternative
approach is likely to produce a more
accurate estimate of auditory impact for
the project being evaluated, the
applicant may propose such an alternate
approach (NMFS 2016).NMFS is
currently in compliance under the
Paperwork Reduction Act (PRA) for the
ICR.
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
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species are pelagic and/or northern
species, or are so rarely sighted that
their presence in the Lease Area is
unlikely. Five species are considered to
have the potential to co-occur with the
planned survey activities: fin whale
(Balaenoptera physalus), bottlenose
dolphin (Tursiops truncatus), shortbeaked common dolphin (Delphinus
delphis), harbor porpoise (Phocoena
phocoena), and harbor seal (Phoca
vitulina) (Right Whale Consortium
2016). Table 2 lists all species with
expected potential for occurrence in the
NE Atlantic OCS and summarizes
information related to the population or
stock. For status of species, we provide
information regarding U.S. regulatory
status under the MMPA and ESA. 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. A detailed description
of the of the species likely to be affected
by the marine site characterization
project, including brief introductions to
the species and relevant stocks as well
as available information regarding
population trends and threats, and
information regarding local occurrence,
were provided in the Federal Register
notice for the proposed IHA (82 FR
20563; May 3, 2017). Since that time, we
are not aware of any changes in the
status of these species and stocks;
therefore, detailed descriptions are not
provided here. Please refer to that
Federal Register notice for these
descriptions. Please also refer to NMFS’
Web site (www.nmfs.noaa.gov/pr/
species/mammals/) for generalized
species accounts.
TABLE 2—MARINE MAMMALS KNOWN TO OCCUR IN THE WATERS OFF THE NORTHWEST ATLANTIC OCS
Common name
NMFS
MMPA and
ESA status;
strategic
(Y/N) 1
Stock
Stock Abundance
(CV,Nmin, most recent
abundance survey) 2
PBR 3
Occurrence and
seasonality in the NW
Atlantic OCS
Toothed whale (Odontoceti)
Atlantic
white-sided
dolphin
(Lagenorhynchus acutus).
Atlantic spotted dolphin (Stenella
frontalis).
Bottlenose
dolphin
(Tursiops
truncatus).
Clymene Dolphin (Stenella clymene)
Pantropical
Spotted
Dolphin
(Stenella attenuata).
Risso’s dolphin (Grampus griseus) ...
W. North Atlantic ...........
-; N
48,819 (0.61; 30,403; n/
a).
44,715 (0.43; 31,610; n/
a).
77,532 (0.40; 56,053;
2011).
Unknown (unk; unk; n/a)
3,333 (0.91; 1,733; n/a)
W. North Atlantic ...........
-; N
W. North Atlantic, Offshore.
W. North Atlantic ...........
W. North Atlantic ...........
-; N
-; N
-; N
W. North Atlantic ...........
-; N
Short-beaked
common
dolphin
(Delphinus delphis).
Striped
dolphin
(Stenella
coeruleoalba).
Spinner
Dolphin
(Stenella
longirostris).
White-beaked
dolphin
(Lagenorhynchus albirostris).
Harbor
porpoise
(Phocoena
phocoena).
Killer whale (Orcinus orca) ................
False
killer
whale
(Pseudorca
crassidens).
Long-finned
pilot
whale
(Globicephala melas).
Short-finned
pilot
whale
(Globicephala macrorhynchus).
Sperm
whale
(Physeter
macrocephalus).
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
18,250 (0.46; 12,619; n/
a).
70,184 (0.28; 55,690;
2011).
54,807 (0.3; 42,804; n/
a).
Unknown (unk; unk; n/a)
W. North Atlantic ...........
-; N
Gulf of Maine/Bay of
Fundy.
W. North Atlantic ...........
W. North Atlantic ...........
-; N
304
rare.
316
rare.
561
Common year round.
rare.
rare.
126
rare.
557
Common year round.
428
rare.
Undet
rare.
2,003 (0.94; 1,023; n/a)
10
rare.
706
-; N
-;Y
79,833 (0.32; 61,415;
2011).
Unknown (unk; unk; n/a)
442 (1.06; 212; n/a) ......
W. North Atlantic ...........
-;Y
W. North Atlantic ...........
-;Y
North Atlantic ................
E; Y
Pygmy
sperm
whale
(Kogia
breviceps).
Dwarf sperm whale (Kogia sima) ......
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Undet
17
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
Cuvier’s beaked whale (Ziphius
cavirostris).
Blainville’s
beaked
whale
(Mesoplodon densirostris).
Gervais’ beaked whale (Mesoplodon
europaeus).
True’s beaked whale (Mesoplodon
mirus).
Sowerby’s
Beaked
Whale
(Mesoplodon bidens).
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
W. North Atlantic ...........
-; N
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Common year round.
Undet
2.1
rare.
rare.
5,636 (0.63; 3,464; n/a)
35
rare.
21,515 (0.37; 15,913; n/
a).
2,288 (0.28; 1,815; n/a)
159
rare.
3.6
3,785 b/(0.47; 2,598; n/
a).
3,785 b/(0.47; 2,598; n/
a).
6,532 (0.32; 5,021; n/a)
26
Year round in continental shelf and slope
waters, occur seasonally to forage.
rare.
26
rare.
50
rare.
7,092
a).
7,092
a).
7,092
a).
7,092
a).
Sfmt 4703
c/(0.54;
4,632; n/
46
rare.
c/(0.54;
4,632; n/
46
rare.
c/(0.54;
4,632; n/
46
rare.
c/(0.54;
4,632; n/
46
rare.
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TABLE 2—MARINE MAMMALS KNOWN TO OCCUR IN THE WATERS OFF THE NORTHWEST ATLANTIC OCS—Continued
Common name
Melon-headed
(Peponocephala electra).
NMFS
MMPA and
ESA status;
strategic
(Y/N) 1
Stock
whale
W. North Atlantic ...........
-; N
Stock Abundance
(CV,Nmin, most recent
abundance survey) 2
Occurrence and
seasonality in the NW
Atlantic OCS
PBR 3
Unknown (unk; unk; n/a)
Undet
rare.
Baleen whales (Mysticeti)
Minke
whale
acutorostrata).
(Balaenoptera
Canadian East Coast ....
-; N
2,591 (0.81; 1,425; n/a)
162
Blue whale (Balaenoptera musculus)
W. North Atlantic ...........
E; Y
Unknown (unk; 440; n/a)
0.9
Fin whale (Balaenoptera physalus) ...
W. North Atlantic ...........
E; Y
1,618 (0.33; 1,234; n/a)
2.5
Humpback
whale
(Megaptera
novaeangliae).
North Atlantic right whale (Eubalaena
glacialis).
Gulf of Maine ................
-; N
823 (0; 823; n/a) ...........
2.7
W. North Atlantic ...........
E; Y
440 (0; 440; n/a) ...........
1
Sei whale (Balaenoptera borealis) ....
Nova Scotia ..................
E; Y
357 (0.52; 236; n/a) ......
0.5
Year round in continental shelf and slope
waters, occur seasonally to forage.
Year round in continental shelf and slope
waters, occur seasonally to forage.
Year round in continental shelf and slope
waters, occur seasonally to forage.
Common year round.
Year round in continental shelf and slope
waters, occur seasonally to forage.
Year round in continental shelf and slope
waters, occur seasonally to forage.
Earless seals (Phocidae)
Gray seals (Halichoerus grypus) .......
Harbor seals (Phoca vitulina) ............
North Atlantic ................
W. North Atlantic ...........
-; N
-; N
Hooded seals (Cystophora cristata) ..
Harp seal (Phoca groenlandica) .......
W. North Atlantic ...........
North Atlantic ................
-; N
-; N
505,000 (unk; unk; n/a)
75,834 (0.15; 66,884;
2012).
Unknown (unk; unk; n/a)
Unknown (unk; unk; n/a)
Undet
2,006
Unlikely.
Common year round.
Undet
Undet
rare.
rare.
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; N
min 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).
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Potential Effects of the Specified
Activity on Marine Mammals and Their
Habitat
The effects of underwater noise from
HRG and geotechnical activities for the
marine site characterization project have
the potential to result in behavioral
harassment of marine mammals in the
vicinity of the action area. The Federal
Register notice for the proposed IHA (82
FR 20563; May 3, 2017) included a
discussion of the effects of
anthropogenic noise on marine
mammals, therefore that information is
not repeated here. Please refer to the
Federal Register notice (82 FR 20563;
May 3, 2017) for that information.
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Estimated Take
This section provides an estimate of
the number of incidental takes
authorized in this IHA, which informed
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,
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including, but not limited to, migration,
breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Authorized takes will 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
authorized. The death of a marine
mammal is also a type of incidental
take. However, as described previously,
no mortality is anticipated or authorized
for this activity. Below we describe how
the take is estimated for this project.
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Project activities that have the
potential to harass marine mammals, as
defined by the MMPA, include
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 will be in
the form of behavioral harassment, and
no take by injury, serious injury, or
mortality is authorized.
The basis for the take estimate is the
number of marine mammals that will be
exposed to sound levels in excess of
NMFS’ Level B harassment criteria for
impulsive noise (160 dB re 1 mPa (rms)
and continuous noise (120 dB re 1 mPa
(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 3
below.
TABLE 3—NMFS’S ACOUSTIC EXPOSURE CRITERIA
Definition
Threshold
Level B harassment (underwater) .....................
Behavioral disruption ........................................
Level B harassment (airborne) ..........................
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Criterion
Behavioral disruption ........................................
160 dB (impulsive source)/120 dB (continuous
source) (rms).
90 dB (harbor seals)/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
mPa (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 mPa (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 for HRG equipment, 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 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 will 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 (NMFS Northeast Fisheries
Science Center (NEFSC), New Jersey
Department of Environmental Protection
(NJDEP), 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
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Sfmt 4703
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):
pr2
• Mobile source (e.g. sparkers):
(distance/day * 2r) + pr2
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 nonimpulsive sources) isopleths. The
isopleths were calculated using
practical spreading.
Estimated takes were calculated by
multiplying the species density (animals
per km2) 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 Measures
section below).
Ocean Wind used a ZOI of 26.757 km2
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
planned HRG survey schedule (June
2017), take calculations were based on
the summer 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
E:\FR\FM\07JYN1.SGM
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(rounded to the nearest whole number)
are presented in Table 4.
TABLE 4—ESTIMATED LEVEL B HARASSMENT TAKES FOR HRG SURVEY ACTIVITIES
Density for
summer
(No./km2)
Species
Fin Whale .........................................................................................................
Bottlenose Dolphin ...........................................................................................
Short beaked common Dolphin .......................................................................
Harbor Porpoise ...............................................................................................
Calculated
take
(No.)
.0008
.2534
.0282
.0012
Requested
take
authorization
(No.)
0.89
284.7
31.69
1.34
*5
285
32
*4
Percentage
of stock
potentially
affected
0.061
0.385
0.047
0.006
* 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 m2
(0.79 km2) 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 planned geotechnical
survey schedule (September 2017), take
calculations were based on the fall
seasonal species density estimates
(Roberts et al., 2016; DoN, 2007) (Table
5). 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
5. 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).
TABLE 5—ESTIMATED LEVEL B HARASSMENT TAKES FOR GEOTECHNICAL SURVEY ACTIVITIES
Density for fall
(No./100 km2)
Species
Bottlenose Dolphin ...........................................................................................
Harbor seal ......................................................................................................
Calculated
take
(No.)
11.44
9.74
1.08
0.92
Requested
take
authorization
(No.)
*1
1
Percentage
of stock
potentially
affected
0.001
0.001
asabaliauskas on DSKBBXCHB2PROD with NOTICES
* It is understood that typical pod size for bottlenose dolphins can be 2 to 15 individuals (NOAA 2015b). Given that take for this species has
been requested to cover HRG survey activities, in conjunction with mitigation measures, the Applicant has determined that increasing take to account for group size is not necessary.
Ocean Wind’s requested take numbers
are provided in Tables 4 and 5 and are
also the number of takes NMFS is
authorizing. 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 4 and 5 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 will 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.
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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 6 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 were
requested. The Geo-Source sparker
model used the following parameters:
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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 were 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 were requested. No level A take is
requested or authorized for any of the
sources used during HRG and
geotechnical surveys.
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TABLE 6—SUMMARY OF PTS ONSET ACOUSTIC THRESHOLDS
PTS onset acoustic thresholds1
(Received level)
Hearing group
Impulsive
Low-frequency cetaceans .......................................................................
Mid-frequency cetaceans ........................................................................
High-frequency cetaceans .......................................................................
Phocid Pinnipeds (underwaters) .............................................................
Otariid Pinnipeds (underwater) ...............................................................
1 NMFS
219
dB;
Cell 2: LE,LF,24h: 199 dB.
230
dB;
Cell 4: LE,MF,24h: 198 dB.
202
dB;
Cell 6: LE,HF,24h: 173 dB.
218
dB;
Cell 8: LE,PW,24h: 201 dB.
232
dB;
Cell 10: LE,OW,24h: 219 dB.
2016.
Mitigation Measures
asabaliauskas on DSKBBXCHB2PROD with NOTICES
Cell
1:
Lpk,flat:
LE,LF,24h: 183 dB.
Cell
3:
Lpk,flat:
LE,MF,24h: 185 dB.
Cell
5:
Lpk,flat:
LE,HF,24h: 155 dB.
Cell
7:
Lpk,flat:
LE,PW,24h: 185 dB.
Cell
9:
Lpk,flat:
LE,OW,24h: 203 dB.
Non-impulsive
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
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effectiveness of the military readiness
activity.
With NMFS’ input during the
application process, and as per the
BOEM Lease, Ocean Wind will
implement 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 fieldverified 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
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Sfmt 4703
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 PSOvessel. 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
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asabaliauskas on DSKBBXCHB2PROD with NOTICES
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
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 will
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 sitespecific 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.
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• 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 sighted 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 nondelphinoid 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 planned survey
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activities however, will occur outside of
the SMA located off the coasts of
Delaware and New Jersey. The planned
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 lowfrequency 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 plans to use 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
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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.
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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 will begin with the
power of the smallest acoustic HRG
equipment at its lowest practical power
output appropriate for the survey. The
power will then be gradually turned up
and other acoustic sources added such
that the source level will 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 nondelphinoid (i.e., mysticetes and sperm
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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 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 rampup 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
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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 will
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 planned measures, as well as
other measures considered by NMFS,
NMFS has determined that the planned
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.
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 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).
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• 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
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 are described below.
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
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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 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
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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.
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., shipstrike, gear interaction, and/or
entanglement), Ocean Wind will
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 will 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;
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• 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 will not resume until NMFS
is able to review the circumstances of
the event. NMFS will work with Ocean
Wind to minimize reoccurrence of such
an event in the future. Ocean Wind will
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 will immediately report the
incident to the Chief of the Permits and
Conservation Division, Office of
Protected Resources and the GARFO
Stranding Coordinator. The report will
include the same information identified
in the paragraph above. Activities will
be able to continue while NMFS reviews
the circumstances of the incident.
NMFS will 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 will report the incident to
the Chief of the Permits and
Conservation Division, Office of
Protected Resources, and the GARFO
Regional Stranding Coordinator, within
24 hours of the discovery. Ocean Wind
will 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
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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 humancaused mortality, or ambient noise
levels).
As discussed in the Potential Effects
of the Specified Activity on Marine
Mammals and their Habitat 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
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31573
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 planned 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; NovemberDecember) and the planned survey
activities (June-July; September). There
is one ESA-listed species for which
takes are authorized: The fin whale.
There are currently insufficient data to
determine population trends for fin
whale (Waring et al., 2015); however,
we are authorizing five takes for this
species, therefore, we do not expect
population-level impacts. There is no
designated critical habitat for any ESAlisted marine mammals within the Lease
Area, and none of the stocks for nonlisted species taken are considered
‘‘depleted’’ or ‘‘strategic’’ by NMFS
under the MMPA.
The planned 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
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to marine mammals during vessel
transit to and within the Study Area.
Ocean Wind did not request, and
NMFS is not authorizing, take of marine
mammals by injury, serious injury, or
mortality. NMFS expects that most takes
will be in the form of short-term Level
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
planned activities, the low source levels
and intermittent nature of many of the
technologies planned to be used, as well
as the required mitigation measures.
NMFS concludes that exposures to
marine mammal species and stocks due
to Ocean Wind’s HRG and geotechnical
survey activities will 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 will 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 number of takes 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
monitoring and mitigation measures,
NMFS finds that the total marine
mammal take from the planned 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 7—SUMMARY OF POTENTIAL MARINE MAMMAL TAKES AND PERCENTAGE OF STOCKS AFFECTED
Requested
take
authorization
(number)
Species
Fin Whale (Balaenoptera physalus) ............................................................................................
Bottlenose Dolphin (Tursiops truncatus) .....................................................................................
Short beaked common Dolphin (Delphinus delphis) ...................................................................
Harbor Porpoise (Phocoena phocoena) ......................................................................................
Harbor Seal (Phoca vitulina) .......................................................................................................
*5
286
32
*4
1
Stock
abundance
estimate
Percentage
of stock
potentially
affected
1,618
77,532
70,184
79,883
75,834
0.31
0.368
0.045
0.005
0.001
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* Modeled take of this species was increased to account for average group size.
The authorized takes 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 (Table 7). 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 planned activity (including
the mitigation and monitoring
measures) and the anticipated take of
marine mammals, NMFS 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
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20:56 Jul 06, 2017
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the total taking of affected species or
stocks will not have an unmitigable
adverse impact on the availability of
such species or stocks for taking for
subsistence purposes.
Endangered Species Act
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
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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 prepared an Environmental
Assessment (EA) in accordance with the
National Environmental Policy Act
(NEPA) and signed a Finding of No
Significant Impact (FONSI) in June
2017. The EA and FONSI can be found
at https://www.nmfs.noaa.gov/pr/
permits/incidental/energy_other.htm.
Authorization
NMFS has issued an IHA to Ocean
Wind for the potential harassment of
small numbers of five marine mammal
species incidental to the marine site
characterization project 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), provided the previously
mentioned mitigation, monitoring and
reporting.
E:\FR\FM\07JYN1.SGM
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Federal Register / Vol. 82, No. 129 / Friday, July 7, 2017 / Notices
Dated: June 30, 2017.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2017–14260 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF519
Fisheries of the Gulf of Mexico;
Southeast Data, Assessment, and
Review (SEDAR); Post Data-Workshop
Webinar Gulf of Mexico Gray Snapper;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of SEDAR 51 assessment
webinar I for Gulf of Mexico gray
snapper.
AGENCY:
The SEDAR 51 assessment
process of Gulf of Mexico gray snapper
will consist of a Data Workshop, a series
of Assessment webinars, and a Review
Workshop. See SUPPLEMENTARY
INFORMATION.
DATES: The SEDAR 51 Assessment
Webinar I will be held July 26, 2017,
from 1 p.m. to 3 p.m., Eastern Time.
ADDRESSES: The meeting will be held
via webinar. The webinar is open to
members of the public. Those interested
in participating should contact Julie A.
Neer at SEDAR (see FOR FURTHER
INFORMATION CONTACT) to request an
invitation providing webinar access
information. Please request webinar
invitations at least 24 hours in advance
of each webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; phone:
(843) 571–4366; email: Julie.neer@
safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data
Workshop, (2) a series of assessment
webinars, and (3) A Review Workshop.
asabaliauskas on DSKBBXCHB2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
20:56 Jul 06, 2017
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The product of the Data Workshop is a
report that compiles and evaluates
potential datasets and recommends
which datasets are appropriate for
assessment analyses. The assessment
webinars produce a report that describes
the fisheries, evaluates the status of the
stock, estimates biological benchmarks,
projects future population conditions,
and recommends research and
monitoring needs. The product of the
Review Workshop is an Assessment
Summary documenting panel opinions
regarding the strengths and weaknesses
of the stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
HMS Management Division, and
Southeast Fisheries Science Center.
Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
The items of discussion during the
Assessment 1 webinar are as follows:
1. Using datasets and initial
assessment analysis recommended from
the Data Webinar, panelists will employ
assessment models to evaluate stock
status, estimate population benchmarks
and management criteria, and project
future conditions.
2. Participants will recommend the
most appropriate methods and
configurations for determining stock
status and estimating population
parameters.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to the
Council office (see ADDRESSES) at least 5
business days prior to each workshop.
Note: The times and sequence specified in
this agenda are subject to change.
PO 00000
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Fmt 4703
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31575
Authority: 16 U.S.C. 1801 et seq.
Dated: July 3, 2017.
Tracey L. Thompson,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2017–14266 Filed 7–6–17; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XF515
Fisheries of the South Atlantic; South
Atlantic Fishery Management Council;
Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of meetings of the South
Atlantic Fishery Management Council’s
Citizen Science Advisory Panel Action
Teams.
AGENCY:
The South Atlantic Fishery
Management Council (Council) will
hold three meetings of its Citizen
Science Advisory Panel Action Teams
via webinar.
DATES: The meetings will be held July
24, 2017 at 7 p.m., July 27, 2017 at 10
a.m., and July 27, 2017 at 1 p.m. Each
meeting is scheduled to last
approximately 90 minutes.
ADDRESSES:
Meeting address: The meetings will be
held via webinar and are open to
members of the public to listen.
Webinar registration is required and
registration links will be posted to the
Council’s Web site at www.safmc.net.
Council address: South Atlantic
Fishery Management Council, 4055
Faber Place Drive, Suite 201, N.
Charleston, SC 29405.
FOR FURTHER INFORMATION CONTACT:
Amber Von Harten, Citizen Science
Program Manager, SAFMC; phone: (843)
302–8433 or toll free (866) SAFMC–10;
fax: (843) 769–4520; email:
amber.vonharten@safmc.net.
SUPPLEMENTARY INFORMATION: The South
Atlantic Fishery Management Council is
developing a Citizen Science Program.
In March 2016, the Council adopted the
Citizen Science Program Blueprint
outlining specific program components
needed to develop the Citizen Science
Program. In the Citizen Science Program
Blueprint, development of Action
Teams in the areas of Volunteers, Data
Management, Projects/Topics
Management, Finance, and
Communication/Outreach/Education
SUMMARY:
E:\FR\FM\07JYN1.SGM
07JYN1
Agencies
[Federal Register Volume 82, Number 129 (Friday, July 7, 2017)]
[Notices]
[Pages 31562-31575]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-14260]
[[Page 31562]]
-----------------------------------------------------------------------
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; issuance of an Incidental Harassment Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA) as amended, notification is hereby given
that NMFS has issued an incidental harassment authorization (IHA) to
Ocean Wind, LLC (Ocean Wind), to incidentally harass, by Level B
harassment only, marine mammals during 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).
DATES: This Authorization is effective from June 8, 2017, through June
7, 2018.
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 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 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 planned geophysical survey activities will occur for 42 days
beginning in early June 2017, and geotechnical survey activities will
take place in September 2017 and last for approximately 12 days. The
following specific aspects of the planned 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 plans 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 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). A detailed description of the planned marine site
characterization project was provided in the Federal Register notice
for the proposed IHA (82 FR 20563; May 3, 2017). Since that time, no
changes have been made to the planned activities. Therefore, a detailed
description is not provided here. Please refer to that Federal Register
notice for the description of the specific activity.
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
[[Page 31563]]
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).
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
(manufacturer) state wind survey) * Beamwidth Pulse duration
HRG equipment Operating frequencies (dBpeak; dBrms) (dBpeak; dBrms) (degree) (millisec)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sonardyne Ranger 2 USBL............. 35-50 kHz.............. 200 dBPeak; n/a....... 194 dBPeak; 166.10 180 1.
dBrms.
Klein 3000H Sidescan Sonar.......... 445/900 kHz............ 245 dBPeak; 242 dBrms. n/a; n/a.............. 0.2 0.0025 to 0.4.
GeoPulse Sub-bottom Profiler 1.5 to 18 kHz.......... 223.5 dBPeak; 208 203 dBPeak; 172.45 55 0.1 to 22.
(chirper). dBrms. dBrms.
Geo-Source 600/800 (sparker)........ 50 to 5000 Hz.......... 222/223 dBPeak; 221/ 206/212 dBPeak; 182.10/ 110 1 to 10.
223 dBrms. 188.15 dBrms.
SeaBat 7125 Multibeam Sonar......... 200/400 kHz............ 220 dBPeak; 213 dBrms. n/a; n/a.............. 2 0.03 to 0.3.
--------------------------------------------------------------------------------------------------------------------------------------------------------
* Gardline 2016, 2017.
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 will 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.
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 10 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.
[[Page 31564]]
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 will be
approximately 12 days excluding weather downtime. Estimated weather
downtime is approximately 10 days.
Please see the previously referenced Federal Register notice (82 FR
20563; May 3, 2017) for a more detailed description of the specified
activity.
Comments and Responses
A notice of NMFS' proposal to issue an IHA to Ocean Wind was
published in the Federal Register on May 3, 2017 (82 FR 20563). That
notice described, in detail, Ocean Wind's activity, the marine mammal
species that may be affected by the activity and the anticipated
effects on marine mammals. During the 30-day public comment period,
NMFS received comments from the Marine Mammal Commission (Commission)
and the Center for Regulatory Effectiveness (CRE).
Comment 1: The Commission recommends that, until the behavior
thresholds are updated, NMFS require applicants to use the 120- rather
than 160-dB re 1 [mu]Pa threshold for acoustic, non-impulsive sources
(e.g., chirp-type sub-bottom profilers, echosounders, and other sonars
including side-scan and fish-finding).
Response: NMFS considers sub-bottom profilers to be impulsive
sources; therefore, 160 dB threshold will continue to be used.
Additionally, BOEM listed sparkers as impulsive sources (BOEM 2016).
The 120-dB threshold is typically associated with continuous sources.
Continuous sounds are those whose sound pressure level remains above
that of the ambient sound, with negligibly small fluctuations in level
(NIOSH, 1998; ANSI, 2005). Intermittent sounds are defined as sounds
with interrupted levels of low or no sound (NIOSH, 1998). Sub-bottom
profiler signals are intermittent sounds. Intermittent sounds can
further be defined as either impulsive or non-impulsive. Impulsive
sounds have been defined as sounds which are typically transient, brief
(<1 sec), broadband, and consist of a high peak pressure with rapid
rise time and rapid decay (ANSI, 1986; NIOSH, 1998). Non-impulsive
sounds typically have more gradual rise times and longer decays (ANSI,
1995; NIOSH, 1998). Sub-bottom profiler signals have durations that are
typically very brief (<1 sec), with temporal characteristics that more
closely resemble those of impulsive sounds than non-impulsive sounds.
With regard to behavioral thresholds, we consider the temporal and
spectral characteristics of sub-bottom profiler signals to more closely
resemble those of an impulse sound rather than a continuous sound. The
160-dB threshold is typically associated with impulsive sources.
Therefore, the 160-dB threshold (typically associated with impulsive
sources) is more appropriate than the 120-dB threshold (typically
associated with continuous sources) for estimating takes by behavioral
harassment incidental to use of such sources.
Comment 2: The Commission recommends that NMFS work with the BOEM
Office of Renewable Energy to determine the circumstances under which
adoption of mutually agreed-upon mitigation measures would avoid the
potential for taking marine mammals and the need for an IHA. The
Commission further recommends that NMFS use a consistent approach for
reducing (or not reducing) the numbers of estimated takes based on the
requirement to implement mitigation measures to preclude taking in the
respective Level B harassment zones.
Response: NMFS appreciates the Commission's recommendations to
streamline our incidental take authorization (ITA) process. NMFS
believes that for this project with activities occurring at night and
over a long duration, we are not comfortable assuming we can avoid all
takes with mitigation measures in place. Ocean Wind's application
included conservative monitoring measures, which will help reduce take
of marine mammals, but may not completely eliminate the possibility for
take.
In regards to the Commission's recommendation for using a
consistent approach to reducing the number of estimated take, they
referenced our ITAs involving Cook Inlet beluga whales. First, Ocean
Wind's project is not the same situation as in Cook Inlet. In Cook
Inlet there is a small resident population of beluga whales, and
applicants have proposed shutting down when a certain number of total
belugas observed within the Level B zone is reached to help ensure that
no more than small numbers (an MMPA requirement) of belugas are taken
during their activity. Second, regarding consistency, NMFS generally
applies standard minimum mitigation requirements to different activity
types. However, if an applicant proposes measures that are more
protective than the standard minimum in their application (and NMFS
believes that those measures will effect a reduction of impacts beyond
the standard minimum measures), it suggests that those measures are
practicable for the applicant may be appropriate for NMFS to include
them to meet our least practicable adverse impact standard. Though
standard minimum measures are helpful and generally used, the overall
suite of mitigation measures is determined on a case-by-case basis, is
dependent upon multiple factors specific to the activity, environment,
and affected species, and may vary some between projects.
Comment 3: CRE does not oppose NMFS' issuance of the IHA, but they
do oppose NMFS' use of the acoustic Guidance in the IHA. Given the
Executive Order (EO) 13795, CRE commented that NMFS does not have the
authority to use the Guidance until the Commerce Secretary has
completed his review and made a decision as to whether to revise or
rescind the Guidance. They further recommend that NMFS remove any claim
that OMB had approved an Information Collection Request (ICR) for the
Guidance, and NMFS should correct information disseminations that
suggest or require that the Guidance may be used for any regulatory
purpose.
Response: As described in our May 31, 2017 Federal Register notice
(82 FR 24950), NMFS is soliciting public comment on the Guidance in
accordance with EO 13795. NMFS will also consult the appropriate
Federal agencies to assist the Secretary of Commerce in reviewing the
Technical Guidance for consistency with the policy in section 2 of EO
13795. As mandated by the EO, at the conclusion of the review the
Secretary of Commerce will make a determination of how to proceed. At
that point, NMFS will determine what information will be provided on
our information disseminations. EO 13795 does not state that the
Guidance cannot be used during the review process; therefore, the
Guidance remains applicable during this time. The Guidance explicitly
states that ITA applicants are not required to use it and that, if an
alternative approach is likely to produce a more accurate estimate of
auditory impact for the project being evaluated, the applicant may
propose such an alternate approach (NMFS 2016).NMFS is currently in
compliance under the Paperwork Reduction Act (PRA) for the ICR.
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
[[Page 31565]]
species are pelagic and/or northern species, or are so rarely sighted
that their presence in the Lease Area is unlikely. Five species are
considered to have the potential to co-occur with the planned 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). Table 2 lists all species with expected
potential for occurrence in the NE Atlantic OCS and summarizes
information related to the population or stock. For status of species,
we provide information regarding U.S. regulatory status under the MMPA
and ESA. 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. A
detailed description of the of the species likely to be affected by the
marine site characterization project, including brief introductions to
the species and relevant stocks as well as available information
regarding population trends and threats, and information regarding
local occurrence, were provided in the Federal Register notice for the
proposed IHA (82 FR 20563; May 3, 2017). Since that time, we are not
aware of any changes in the status of these species and stocks;
therefore, detailed descriptions are not provided here. Please refer to
that Federal Register notice for these descriptions. Please also refer
to NMFS' Web site (www.nmfs.noaa.gov/pr/species/mammals/) for
generalized species accounts.
Table 2--Marine Mammals Known To Occur in the Waters off the Northwest Atlantic OCS
----------------------------------------------------------------------------------------------------------------
NMFS MMPA and Stock Abundance Occurrence and
ESA status; (CV,Nmin, most seasonality in
Common name Stock strategic (Y/ recent abundance PBR \3\ the NW Atlantic
N) \1\ survey) \2\ 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).
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/(0.47; 26 rare.
breviceps). Atlantic. 2,598; n/a).
Dwarf sperm whale (Kogia sima) W. North -; N 3,785 b/(0.47; 26 rare.
Atlantic. 2,598; n/a).
Cuvier's beaked whale (Ziphius W. North -; N 6,532 (0.32; 50 rare.
cavirostris). Atlantic. 5,021; n/a).
Blainville's beaked whale W. North -; N 7,092 c/(0.54; 46 rare.
(Mesoplodon densirostris). Atlantic. 4,632; n/a).
Gervais' beaked whale W. North -; N 7,092 c/(0.54; 46 rare.
(Mesoplodon europaeus). Atlantic. 4,632; n/a).
True's beaked whale W. North -; N 7,092 c/(0.54; 46 rare.
(Mesoplodon mirus). Atlantic. 4,632; n/a).
Sowerby's Beaked Whale W. North -; N 7,092 c/(0.54; 46 rare.
(Mesoplodon bidens). Atlantic. 4,632; n/a).
[[Page 31566]]
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; n/a). continental
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.
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 groenlandica) North Atlantic.. -; N Unknown (unk; Undet rare.
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).
Potential Effects of the Specified Activity on Marine Mammals and Their
Habitat
The effects of underwater noise from HRG and geotechnical
activities for the marine site characterization project have the
potential to result in behavioral harassment of marine mammals in the
vicinity of the action area. The Federal Register notice for the
proposed IHA (82 FR 20563; May 3, 2017) included a discussion of the
effects of anthropogenic noise on marine mammals, therefore that
information is not repeated here. Please refer to the Federal Register
notice (82 FR 20563; May 3, 2017) for that information.
Estimated Take
This section provides an estimate of the number of incidental takes
authorized in this IHA, which informed 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 will 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 authorized. The death of a marine mammal is
also a type of incidental take. However, as described previously, no
mortality is anticipated or authorized for this activity. Below we
describe how the take is estimated for this project.
[[Page 31567]]
Project activities that have the potential to harass marine
mammals, as defined by the MMPA, include 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 will be in the form of behavioral
harassment, and no take by injury, serious injury, or mortality is
authorized.
The basis for the take estimate is the number of marine mammals
that will 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 3 below.
Table 3--NMFS's Acoustic Exposure Criteria
------------------------------------------------------------------------
Criterion Definition Threshold
------------------------------------------------------------------------
Level B harassment (underwater). Behavioral 160 dB (impulsive
disruption. source)/120 dB
(continuous
source) (rms).
Level B harassment (airborne)... Behavioral 90 dB (harbor
disruption. seals)/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 for HRG equipment, 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 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 will 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 (NMFS Northeast Fisheries Science Center (NEFSC), New
Jersey Department of Environmental Protection (NJDEP), 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
Measures 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 planned
HRG survey schedule (June 2017), take calculations were based on the
summer 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
[[Page 31568]]
(rounded to the nearest whole number) are presented in Table 4.
Table 4--Estimated Level B Harassment Takes for HRG Survey Activities
----------------------------------------------------------------------------------------------------------------
Percentage of
Density for Calculated Requested take stock
Species summer (No./ take (No.) authorization potentially
km[sup2]) (No.) affected
----------------------------------------------------------------------------------------------------------------
Fin Whale....................................... .0008 0.89 *5 0.061
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
----------------------------------------------------------------------------------------------------------------
* 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 planned geotechnical survey schedule (September 2017),
take calculations were based on the fall seasonal species density
estimates (Roberts et al., 2016; DoN, 2007) (Table 5). 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 5. 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).
Table 5--Estimated Level B Harassment Takes for Geotechnical Survey Activities
----------------------------------------------------------------------------------------------------------------
Percentage of
Density for Calculated Requested take stock
Species fall (No./100 take (No.) authorization potentially
km[sup2]) (No.) affected
----------------------------------------------------------------------------------------------------------------
Bottlenose Dolphin.............................. 11.44 1.08 *1 0.001
Harbor seal..................................... 9.74 0.92 1 0.001
----------------------------------------------------------------------------------------------------------------
* It is understood that typical pod size for bottlenose dolphins can be 2 to 15 individuals (NOAA 2015b). Given
that take for this species has been requested to cover HRG survey activities, in conjunction with mitigation
measures, the Applicant has determined that increasing take to account for group size is not necessary.
Ocean Wind's requested take numbers are provided in Tables 4 and 5
and are also the number of takes NMFS is authorizing. 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 4 and 5 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 will 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 6
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 were
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 were 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 were requested. No level A take is requested or authorized
for any of the sources used during HRG and geotechnical surveys.
[[Page 31569]]
Table 6--Summary of PTS Onset Acoustic Thresholds
------------------------------------------------------------------------
PTS onset acoustic thresholds\1\
(Received level)
Hearing group ---------------------------------------
Impulsive Non-impulsive
------------------------------------------------------------------------
Low-frequency cetaceans......... Cell 1: Lpk,flat: Cell 2: LE,LF,24h:
219 dB; 199 dB.
LE,LF,24h: 183 dB.
Mid-frequency cetaceans......... Cell 3: Lpk,flat: Cell 4: LE,MF,24h:
230 dB; 198 dB.
LE,MF,24h: 185 dB.
High-frequency cetaceans........ Cell 5: Lpk,flat: Cell 6: LE,HF,24h:
202 dB; 173 dB.
LE,HF,24h: 155 dB.
Phocid Pinnipeds (underwaters).. Cell 7: Lpk,flat: Cell 8: LE,PW,24h:
218 dB; 201 dB.
LE,PW,24h: 185 dB.
Otariid Pinnipeds (underwater).. Cell 9: Lpk,flat: Cell 10:
232 dB; LE,OW,24h: 219
LE,OW,24h: 203 dB. dB.
------------------------------------------------------------------------
\1\ NMFS 2016.
Mitigation Measures
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 will implement 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
[[Page 31570]]
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 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 will 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 sighted 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
planned survey activities however, will occur outside of the SMA
located off the coasts of Delaware and New Jersey. The planned 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 plans to use 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
[[Page 31571]]
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.
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 will begin with the power of the smallest
acoustic HRG equipment at its lowest practical power output appropriate
for the survey. The power will then be gradually turned up and other
acoustic sources added such that the source level will 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 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 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 will 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 planned measures, as
well as other measures considered by NMFS, NMFS has determined that the
planned 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.
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 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).
[[Page 31572]]
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 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 are described
below.
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 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.
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
will 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 will 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;
[[Page 31573]]
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 will not resume until NMFS is able to review the
circumstances of the event. NMFS will work with Ocean Wind to minimize
reoccurrence of such an event in the future. Ocean Wind will 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 will immediately report the incident to
the Chief of the Permits and Conservation Division, Office of Protected
Resources and the GARFO Stranding Coordinator. The report will include
the same information identified in the paragraph above. Activities will
be able to continue while NMFS reviews the circumstances of the
incident. NMFS will 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 will report the incident to the Chief of
the Permits and Conservation Division, Office of Protected Resources,
and the GARFO Regional Stranding Coordinator, within 24 hours of the
discovery. Ocean Wind will 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 of the Specified Activity on
Marine Mammals and their Habitat 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 planned 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 planned survey activities (June-July;
September). There is one ESA-listed species for which takes are
authorized: The fin whale. There are currently insufficient data to
determine population trends for fin whale (Waring et al., 2015);
however, we are authorizing five takes 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 taken are considered
``depleted'' or ``strategic'' by NMFS under the MMPA.
The planned 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
[[Page 31574]]
to marine mammals during vessel transit to and within the Study Area.
Ocean Wind did not request, and NMFS is not authorizing, take of
marine mammals by injury, serious injury, or mortality. NMFS expects
that most takes will be in the form of short-term Level 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 planned activities,
the low source levels and intermittent nature of many of the
technologies planned to be used, as well as the required mitigation
measures.
NMFS concludes that exposures to marine mammal species and stocks
due to Ocean Wind's HRG and geotechnical survey activities will 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 will 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 number of takes 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 monitoring and mitigation
measures, NMFS finds that the total marine mammal take from the planned
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 7--Summary of Potential Marine Mammal Takes and Percentage of Stocks Affected
----------------------------------------------------------------------------------------------------------------
Percentage of
Requested take Stock stock
Species authorization abundance potentially
(number) estimate 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 (Phoca vitulina).................................... 1 75,834 0.001
----------------------------------------------------------------------------------------------------------------
* Modeled take of this species was increased to account for average group size.
The authorized takes 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 (Table 7). 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 planned activity
(including the mitigation and monitoring measures) and the anticipated
take of marine mammals, NMFS 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 will 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 prepared an Environmental Assessment (EA) in accordance with
the National Environmental Policy Act (NEPA) and signed a Finding of No
Significant Impact (FONSI) in June 2017. The EA and FONSI can be found
at https://www.nmfs.noaa.gov/pr/permits/incidental/energy_other.htm.
Authorization
NMFS has issued an IHA to Ocean Wind for the potential harassment
of small numbers of five marine mammal species incidental to the marine
site characterization project 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), provided the
previously mentioned mitigation, monitoring and reporting.
[[Page 31575]]
Dated: June 30, 2017.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2017-14260 Filed 7-6-17; 8:45 am]
BILLING CODE 3510-22-P