Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Off the Coast of New York, 13246-13252 [2019-06598]
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Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Notices
opportunities as identified by ITA.
Previous international attendance at the
show may be used as an indicator of
such interest.
(c) Scope of the Show: The show
offers a broad spectrum of U.S. made
products and services for the subject
industry. Trade shows with a majority
of U.S. firms as exhibitors will be given
priority.
(d) U.S. Content of Show Exhibitors:
Trade shows with exhibitors featuring a
high percentage of products produced in
the United States or products with a
high degree of U.S. content will be
preferred.
(e) Stature of the Show: The trade
show is clearly recognized by the
industry it covers as a leading show for
the promotion of that industry’s
products and services both domestically
and internationally, and as a showplace
for the latest technology or services in
that industry.
(f) Level of Exhibitor Interest: U.S.
exhibitors have expressed interest in
receiving international business visitors
during the trade show. A significant
number of U.S. exhibitors should be
seeking to begin exporting or to expand
their sales into additional export
markets.
(g) Level of Overseas Marketing: There
has been a demonstrated effort by the
applicant to market this show and prior
related shows. For this criterion, the
applicant should describe in detail,
among other information, the
international marketing program to be
conducted for the show, and explain
how efforts should increase individual
and group international attendance.
(h) Logistics: The trade show site,
facilities, transportation services, and
availability of accommodations at the
site of the exhibition (i.e., International
Trade Center, interpreters) are capable
of accommodating large numbers of
attendees whose native language will
not be English.
(i) Level of Cooperation: The
applicant demonstrates a willingness to
cooperate with the ITA to fulfill the
program’s goals and adhere to the target
dates set out in the MOA and in the
show timetables, both of which are
available from the program office (see
the FOR FURTHER INFORMATION CONTACT
section above). Past experience in the
IBP will be taken into account in
evaluating the applications received.
(j) Delegation Incentives: The IBP
Office will be evaluating the level and/
or range of incentives offered to
delegations and/or delegation leaders
recruited by U.S. overseas Embassies
and Consulates. Examples of incentives
to international visitors and to
organized delegations include: Special
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organized events, such as receptions,
meetings with association executives,
briefings, and site tours; and
complimentary accommodations for
delegation leaders (beyond those
required in the MOA).
Review Process: ITA will evaluate all
applications received based on the
criteria set out in this notice. Vetting
will focus primarily on the export
potential, level of international interest,
and stature of the show. In reviewing
applications, ITA will also consider
scheduling and sector balance in terms
of the need to allocate resources to
support selected shows.
Application Requirements: Show
organizers submitting applications for
quarter 4 of calendar year 2019 IBP are
requested to submit: (1) A narrative
statement addressing each question in
the application, Form OMB 0625–0143
(found at www.export.gov/ibp); (2) a
signed statement that ‘‘The information
submitted in this application is correct
and the applicant will abide by the
terms set forth in the Call for
Applications for the 2019 International
Buyer Program (October 1, 2019,
through December 31, 2019);’’ and (3)
two copies of the application: One copy
of the application printed on company
letterhead, and one electronic copy of
the application emailed to IBP2019@
trade.gov in Microsoft Word® format, on
or before the deadline noted above.
There is no fee required to apply.
Applications for the IBP must be
received by May 20, 2019. ITA expects
to issue the results of its review process
in June 2019.
Legal Authority: The statutory
program authority for the ITA to
conduct the International Buyer
Program is 15 U.S.C. 4724. The DOC has
the legal authority to enter into MOAs
with show organizers under the
provisions of the Mutual Educational
and Cultural Exchange Act of 1961
(MECEA), as amended (22 U.S.C. 2455(f)
and 2458(c)). MECEA allows ITA to
accept contributions of funds and
services from firms for the purposes of
furthering its mission.
The Office of Management and Budget
(OMB) has approved the information
collection requirements of the
application to this program (Form OMB
0625–0143) under the provisions of the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.) (OMB Control No.
0625–0143). Notwithstanding any other
provision of law, no person is required
to respond to, nor shall a person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act, unless that collection of
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information displays a currently valid
OMB Control Number.
For further information please
contact: Vidya Desai, Senior Advisor for
Trade Events, Trade Promotion
Programs (IBP2019@trade.gov).
Gemal Brangman,
Team Leader, Trade Promotion Programs.
[FR Doc. 2019–06538 Filed 4–3–19; 8:45 am]
BILLING CODE 3510–DR–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG879
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys Off the Coast
of New York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; incidental harassment
authorization; request for comments on
proposed Renewal.
AGENCY:
NMFS received a request from
Equinor Wind US LLC (formerly Statoil
Wind US LLC; Equinor) for the Renewal
of their currently active incidental
harassment authorization (IHA) to take
marine mammals incidental to marine
site characterization surveys off the
coast of New York in the area of the
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS–A
0512) and coastal waters where cable
route corridors will be established.
These activities are identical to those
covered in the current authorization.
Pursuant to the Marine Mammal
Protection Act (MMPA), prior to issuing
the currently active IHA, NMFS
requested comments on both the
proposed IHA and the potential for
renewing the initial authorization if
certain requirements were satisfied. The
Renewal requirements have been
satisfied, and NMFS is now providing
an additional 15-day comment period to
allow for any additional comments on
the proposed Renewal not previously
provided during the initial 30-day
comment period. Any comments
received on the potential Renewal,
along with relevant comments on the
initial IHA, have been considered in the
development of this proposed IHA
Renewal, and a summary of agency
responses to applicable comments is
included in this notice. NMFS will
SUMMARY:
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consider any additional public
comments prior to making any final
decision on the issuance of the
requested Renewal, and agency
responses will be summarized in the
final notice of our decision.
DATES: Comments and information must
be received no later than April 19, 2019.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Physical
comments should be sent to 1315 EastWest Highway, Silver Spring, MD 20910
and electronic comments should be sent
to ITP.Carduner@noaa.gov.
Instructions: NMFS is not responsible
for comments sent by any other method,
to any other address or individual, or
received after the end of the comment
period. Comments received
electronically, including all
attachments, must not exceed a 25megabyte file size. Attachments to
electronic comments will be accepted in
Microsoft Word or Excel or Adobe PDF
file formats only. All comments
received are a part of the public record
and will generally be posted online at
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application, Renewal request, and
supporting documents (including NMFS
Federal Register notices of the original
proposed and final authorizations, and
the previous IHA), as well as a list of the
references cited in this document, may
be obtained online at
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
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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
incidental take authorization is
provided to the public for review.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). Monitoring and reporting of
such takings are also required. The
meaning of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in section 3 of the MMPA
(16 U.S.C. 1362) and the agency’s
regulations at 50 CFR 216.103.
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
one year for each reauthorization. In the
notice of proposed IHA for the initial
authorization, NMFS described the
circumstances under which we would
consider issuing a Renewal for this
activity, and requested public comment
on a potential Renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a oneyear IHA Renewal when (1) another year
of identical or nearly identical activities
as described in the Specified Activities
section is planned or (2) the activities
would not be completed by the time the
IHA expires and a second IHA would
allow for completion of the activities
beyond that described in the Dates and
Duration section of the initial IHA. All
of the follwing conditions must be met
in order to issue a Renewal:
• A request for Renewal is received
no later than 60 days prior to expiration
of the current IHA.
• The request for Renewal must
include the following:
(1) An explanation that the activities
to be conducted beyond the initial dates
either are identical to the previously
analyzed activities or include changes
so minor (e.g., reduction in pile size)
that the changes do not affect the
previous analyses, take estimates, or
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mitigation and monitoring
requirements; and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
• Upon review of the request for
Renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
remain the same and appropriate, and
the initial findings remain valid.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
Renewal. A description of the Renewal
process may be found on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
The NDAA (Pub. L. 108–136)
removed the ‘‘small numbers’’ and
‘‘specified geographical region’’
limitations indicated above and
amended the definition of ‘‘harassment’’
as it applies to a ‘‘military readiness
activity.’’
National Environmental Policy Act
In compliance with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), as implemented by
the regulations published by the
Council on Environmental Quality (40
CFR parts 1500–1508), NMFS prepared
an Environmental Assessment (EA) to
consider the direct, indirect and
cumulative effects to the human
environment resulting from the issuance
of the initial IHA in 2018. NMFS made
the EA available to the public for review
and comment. Also in compliance with
NEPA and the CEQ regulations, NMFS
signed a Finding of No Significant
Impact (FONSI) on April 24, 2018. The
2018 NEPA documents are available at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york. We have reviewed
Equinor’s application for a Renewal of
the 2018 IHA and the 2018 monitoring
report. Based on that review, we have
determined that the proposed action
follows closely the IHA issued and
implemented in 2018 and does not
present any substantial changes, or
significant new circumstances or
information relevant to environmental
concerns which would require a
supplement to the 2018 EA or
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preparation of a new NEPA document.
Therefore, we have preliminarily
determined that a new or supplemental
EA or Environmental Impact Statement
is unnecessary, and will, after review of
public comments determine whether or
not to rely on the existing EA and
FONSI.
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History of Request
On April 24, 2018, NMFS issued an
IHA to Statoil Wind US LLC, to take
marine mammals incidental to marine
site characterization surveys off the
coast of New York in the area of the
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS–A
0512) and coastal waters where cable
route corridors will be established,
effective from April 24, 2018, through
April 23, 2019 (83 FR 19532; May 3,
2018). On February 21, 2019, NMFS
received an application for the Renewal
of that IHA. As described in the
application for Renewal, the activities
authorized in the initial IHA would not
be completed by the time that IHA
expires and a second IHA would allow
for completion of the activities beyond
that described in the Dates and Duration
section of the initial IHA. As required,
the applicant also provided a
preliminary monitoring report (available
at www.fisheries.noaa.gov/action/
incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york) which confirms that
the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted. Since the
initial IHA was issued, Statoil Wind US
LLC has changed the name under which
the company operates to Equinor Wind
US LLC (Equinor).
Description of the Specified Activities
and Anticipated Impacts
Equinor proposes to continue their
marine site characterization surveys in
the approximately 79,350-acre Lease
Area located approximately 11.5
nautical miles (nm) from Jones Beach,
New York and along cable route
corridors between the Lease Area and
New York. Water depths across the
Lease Area range from approximately 22
to 41 meters (m) (72 to 135 feet (ft))
while the cable route corridors extend to
shallow water areas near landfall
locations. The specified activities
described for this renewal are an
identical subset of the activities covered
by the initial 2018 IHA. The purpose of
the surveys are to support the siting,
design, and deployment of up to three
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meteorological data buoy deployment
areas and to obtain a baseline
assessment of seabed/sub-surface soil
conditions in the Lease Area and cable
route corridors to support the siting of
a proposed offshore wind farm. NMFS
previously published notices of
proposed IHA (83 FR 7655; February 22,
2018) and issued IHA (83 FR 19532;
May 3, 2018). These documents, as well
as Equinor’s initial IHA application and
the preliminary monitoring report for
the previously issued IHA, are available
at: www.fisheries.noaa.gov/action/
incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york.
Similarly, the anticipated impacts are
identical to those described in the initial
IHA. Specifically, we anticipate the take
of 11 marine mammal stocks (including
nine cetacean and two pinniped stocks),
by Level B harassment only, incidental
to the site characterization surveys due
to exposure to noise resulting from high
resolution geophysical (HRG) survey
equipment. Equinor was not able to
complete the site characterization
surveys analyzed in the initial IHA by
the date that IHA is set to expire and
anticipates the need for an additional 56
operational survey days to complete the
survey campaign in 2019.
The following documents are
referenced in this notice and include
important supporting information, and
may be found at the indicated location:
• Initial Proposed IHA: Takes of
Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys off of New
York (83 FR 7655; February 22, 2018).
Available at: www.fisheries.noaa.gov/
action/incidental-take-authorizationstatoil-wind-site-characterizationsurveys-offshore-new-york;
• Initial Final IHA. Takes of Marine
Mammals Incidental to Specified
Activities; Taking Marine Mammals
Incidental to Site Characterization
Surveys off of New York (83 FR 19532;
May 3, 2018). Available at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york;
• Preliminary Monitoring Report from
Initial IHA. Available at:
www.fisheries.noaa.gov/action/
incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york; and
• Environmental Assessment (EA).
Issuance of an Incidental Harassment
Authorization to Statoil Wind U.S. LLC
for Site Characterization Surveys off the
Coast of New York. Available at:
www.fisheries.noaa.gov/action/
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incidental-take-authorization-statoilwind-site-characterization-surveysoffshore-new-york.
Detailed Description of the Activity
As described above, Equinor was not
able to complete the surveys analyzed in
the initial IHA by the date that IHA is
set to expire (April 23, 2019). As such,
the surveys Equinor proposes to
conduct in 2019 would be a
continuation of the surveys as described
in the initial 2018 IHA and would be
identical to the activities analyzed in
the initial IHA (same location,
equipment, methods, and seasonality).
The initial IHA analyzed the potential
impacts to marine mammals from a total
of 142 survey days. Equinor completed
a total of 86 operational survey days in
2018, and anticipates a total of 56
operational survey days will be required
to complete the survey campaign in
2019 following issuance of the IHA
Renewal, if renewed. Thus the total
duration of the surveys conducted in
2018 and 2019 combined would not
exceed the total duration described and
analyzed in the previously issued IHA
(142 days total). The proposed Renewal
would be effective for a period of one
year from the date of issuance.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
authorization of take is proposed here,
including information on abundance,
status, distribution, and hearing, may be
found in the Notice of issued IHA (83
FR 19532; May 3, 2018) for the initial
authorization. NMFS has reviewed the
monitoring data from the initial IHA,
recent draft Stock Assessment Reports,
information on relevant Unusual
Mortality Events, and other scientific
literature, and determined that neither
this nor any other new information
affects which species or stocks have the
potential to be affected or the pertinent
information in the Description of the
Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is proposed
here may be found in the Notice of
issued IHA for the initial authorization.
NMFS has reviewed the monitoring data
from the initial IHA, recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
other scientific literature, and
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determined that neither this nor any
other new information affects our initial
analysis of impacts on marine mammals
and their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
Notices of issued IHA for the initial
authorization. The HRG equipment that
may result in take, as well as the source
levels, marine mammal stocks taken,
marine mammal density data and the
methods of take estimation applicable to
this authorization remain unchanged
from the previously issued IHA.
As described above, Equinor
completed 86 survey days in 2018 and
anticipates the need for an additional 56
survey days in 2019 to complete their
survey. As the number of survey days
remaining is less than the number of
survey days analyzed in the previous
IHA, the number of takes estimated to
occur in 2019, and proposed for
authorization, has changed from the
number of takes authorized in the initial
IHA (Table 7 in the initial IHA).
Equinor has already completed 60.5
percent of the planned total survey days
that were analyzed in the initials IHA
(i.e., 86 of a total of 142 total survey
days). Thus 39.5 percent of the total
survey days analyzed in the previous
IHA remain to be completed in 2019
(i.e., 56 of a total of 142 total survey
days). We therefore anticipate that the
number of takes that may occur as a
result of the remaining survey days in
2019 will represent 39.5 percent of the
total take that was expected to occur
during the entire duration of the survey
(total 142 days) and was authorized in
the initial IHA. The number of takes
expected to occur during the remaining
56 survey days in 2019, and proposed
for authorization, are shown in Table 1.
TABLE 1—NUMBER OF TAKES EXPECTED TO OCCUR AND PROPOSED
FOR AUTHORIZATION DURING THE
REMAINING 56 SURVEY DAYS IN
2019, AND PROPOSED FOR AUTHORIZATION
Level B
takes
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Species
North Atlantic right
whale .....................
Humpback whale ......
Fin whale ..................
Sperm whale .............
Minke whale ..............
Bottlenose dolphin ....
Common dolphin ......
Atlantic white-sided
dolphin ...................
Harbor porpoise ........
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Total
takes
7
9
38
2
15
615
668
7
9
38
2
15
615
668
169
892
169
892
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TABLE 1—NUMBER OF TAKES EXPECTED TO OCCUR AND PROPOSED
FOR AUTHORIZATION DURING THE
REMAINING 56 SURVEY DAYS IN
2019, AND PROPOSED FOR AUTHORIZATION—Continued
Level B
takes
Species
Harbor seal ...............
Gray seal ..................
Total
takes
1144
1144
1144
1144
Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this authorization are
identical to those included in the Notice
announcing the issuance of the initial
IHA, and the discussion of the least
practicable adverse impact included in
that document remains accurate. The
following measures are proposed for
this renewal:
Marine Mammal Exclusion and Watch
Zones
As required in the BOEM lease,
marine mammal exclusion zones (EZ)
will be established around the HRG
survey equipment and monitored by
protected species observers (PSO)
during HRG surveys as follows:
• 50 m EZ for pinnipeds and
delphinids (except harbor porpoises);
• 100 m EZ for large whales including
sperm whales and mysticetes (except
North Atlantic right whales) and harbor
porpoises;
• 500 m EZ for North Atlantic right
whales.
In addition, PSOs will visually
monitor for all marine mammals to the
extent of a 500 m ‘‘Watch Zone’’ or as
far as possible if the extent of the Watch
Zone is not fully visible.
Visual Monitoring
As per the BOEM lease, visual and
acoustic monitoring of the established
exclusion and monitoring zones will be
performed by qualified and NMFSapproved PSOs. 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. 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
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13249
conditions and visibility to support the
siting and monitoring of marine species.
Digital single-lens reflex camera
equipment will be used to record
sightings and verify species
identification. During surveys
conducted at night, night-vision
equipment and infrared technology will
be available for PSO use, and PAM
(described below) will be used.
Pre-Clearance of the Exclusion Zone
For all HRG survey activities, Statoil
will implement a 30-minute preclearance period of the relevant EZs
prior to the initiation of HRG survey
equipment. During this period the EZs
will be monitored by PSOs, using the
appropriate visual technology for a 30minute period. HRG survey equipment
will not be initiated if marine mammals
are observed within or approaching the
relevant EZs during this pre-clearance
period. If a marine mammal is observed
within or approaching the relevant EZ
during the pre-clearance period, rampup will not begin until the animal(s) has
been observed exiting the EZ or until an
additional time period has elapsed with
no further sighting of the animal (15
minutes for small delphinoid cetaceans
and pinnipeds and 30 minutes for all
other species). This pre-clearance
requirement will include small
delphinoids that approach the vessel
(e.g., bow ride). PSOs will also continue
to monitor the zone for 30 minutes after
survey equipment is shut down or
survey activity has concluded.
Passive Acoustic Monitoring
As required in the BOEM lease, PAM
will be required during HRG surveys
conducted at night. In addition, PAM
systems would be employed during
daylight hours as needed 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). PAM operators will also be
on call as necessary during daytime
operations should visual observations
become impaired. BOEM’s lease
stipulations require the use of PAM
during nighttime operations. However,
these requirements do not require that
any mitigation action be taken upon
acoustic detection of marine mammals.
Given the range of species that could
occur in the survey 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). The
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PAM operator would monitor the
hydrophone signals in real time both
aurally (using headphones) and visually
(via the monitor screen displays). The
PAM operator would communicate
detections to the Lead PSO on duty who
will ensure the implementation of the
appropriate mitigation procedures. A
mitigation and monitoring
communications flow diagram has been
included as Appendix C of the IHA
application.
diligently throughout the silent period
and the EZs remained clear of marine
mammals during that entire period. If
visual surveys were not continued
diligently during the pause of 20
minutes or less, a 30-minute preclearance period (as described above)
will precede the re-start of the HRG
survey equipment. Following a
shutdown, HRG survey equipment may
be restarted following pre-clearance of
the zones as described above.
Ramp-Up of Survey Equipment
As required in the BOEM lease, where
technically feasible, 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. The ramp-up
procedure will be used at the beginning
of HRG survey activities in order to
provide additional protection to marine
mammals near the survey area by
allowing them to vacate the area prior
to the commencement of survey
equipment use at full energy. A rampup will begin with the power of the
smallest acoustic equipment at its
lowest practical power output
appropriate for the survey. When
technically feasible the power will then
be gradually turned up and other
acoustic sources added in a way such
that the source level would increase
gradually.
Vessel Strike Avoidance
Statoil will ensure that vessel
operators and crew maintain a vigilant
watch for cetaceans and pinnipeds by
slowing down or stopping the vessel to
avoid striking marine mammals. Survey
vessel crew members responsible for
navigation duties will receive sitespecific training on marine mammal
sighting/reporting and vessel strike
avoidance measures. Vessel strike
avoidance measures will include, but
are not limited to, the following, as
required in the BOEM lease, except
under circumstances when complying
with these requirements would put the
safety of the vessel or crew at risk:
• All vessel operators and crew will
maintain vigilant watch for cetaceans
and pinnipeds, and slow down or stop
their vessel to avoid striking these
protected species;
• All vessel operators will comply
with 10 knot (18.5 kilometers (km)/hr)
or less speed restrictions in any SMA
per NOAA guidance. This applies to all
vessels operating at any time of year;
• All vessel operators will reduce
vessel speed to 10 knots (18.5 km/hr) or
less when any large whale, any mother/
calf pairs, pods, or large assemblages of
non-delphinoid cetaceans are observed
near (within 100 m (330 ft)) an
underway vessel;
• All survey vessels will maintain a
separation distance of 500 m (1640 ft) or
greater from any sighted North Atlantic
right whale;
• If underway, vessels must steer a
course away from any sighted North
Atlantic right whale at 10 knots (18.5
km/hr) or less until the 500 m (1640 ft)
minimum separation distance has been
established. If a North Atlantic right
whale is sighted in a vessel’s path, or
within 100 m (330 ft) 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 (330 ft) or
Shutdown Procedures
As required in the BOEM lease, if a
marine mammal is observed within or
approaching the relevant EZ (as
described above) an immediate
shutdown of the survey equipment is
required. Subsequent restart of the
survey equipment may only occur after
the animal(s) has either been observed
exiting the relevant EZ or until an
additional time period has elapsed with
no further sighting of the animal (e.g.,15
minutes for delphinoid cetaceans and
pinnipeds and 30 minutes for all other
species). HRG survey equipment may
continue operating if small delphinids
voluntarily approach the vessel (e.g., to
bow ride) when HRG survey equipment
is operating.
As required in the BOEM lease, if the
HRG equipment shuts down for reasons
other than mitigation (i.e., mechanical
or electronic failure) resulting in the
cessation of the survey equipment for a
period greater than 20 minutes, a 30
minute pre-clearance period (as
described above) will precede the restart
of the HRG survey equipment. If the
pause is less than 20 minutes, the
equipment may be restarted as soon as
practicable at its full operational level
only if visual surveys were continued
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greater from any sighted non-delphinoid
cetacean. 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 (164 ft) 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 will reduce vessel speed to 10
knots (18.5 km/hr) 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 the abeam of the underway
vessel;
• All vessels underway will not
divert or alter course in order to
approach any whale, delphinoid
cetacean, or pinniped. Any vessel
underway will avoid excessive speed or
abrupt changes in direction to avoid
injury to the sighted cetacean or
pinniped; and
• All vessels will maintain a
separation distance of 50 m (164 ft) or
greater from any sighted pinniped.
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 NMFS’
North Atlantic right whale reporting
systems for the presence of North
Atlantic right whales throughout survey
operations. However, the survey
activities will occur outside of the SMA
located off the coasts of New Jersey and
New York. Members of the monitoring
team will monitor the NMFS North
Atlantic right whale reporting systems
for the establishment of a Dynamic
Management Area (DMA). If NMFS
should establish a DMA in the survey
area, within 24 hours of the
establishment of the DMA Statoil will
work with NMFS to shut down and/or
alter the survey activities to avoid the
DMA.
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The mitigation measures are designed
to avoid the already low potential for
injury in addition to some Level B
harassment, and to minimize the
potential for vessel strikes. There are no
known marine mammal feeding areas,
rookeries, or mating grounds in the
survey area that would otherwise
potentially warrant increased mitigation
measures for marine mammals or their
habitat (or both). The survey will occur
in an area that has been identified as a
biologically important area for migration
for North Atlantic right whales.
However, given the small spatial extent
of the survey area relative to the
substantially larger spatial extent of the
right whale migratory area, the survey is
not expected to appreciably reduce
migratory habitat nor to negatively
impact the migration of North Atlantic
right whales, thus mitigation to address
the survey’s occurrence in North
Atlantic right whale migratory habitat is
not warranted. Further, we believe the
mitigation measures are practicable for
the applicant to implement.
Based on our evaluation of the
applicant’s proposed measures, NMFS
has determined that the 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.
Public Comments
As noted previously, NMFS published
a notice of proposed IHA (83 FR 7655;
February 22, 2018) and solicited public
comments on both our proposal to issue
the initial IHA and on the potential for
a Renewal, should certain requirements
be met. All public comments were
addressed in the notice announcing the
issuance of the initial IHA. Below, we
describe how we have addressed, with
updated information where appropriate,
any comments received that specifically
pertain to the Renewal of the 2018 IHA.
Comment: The Marine Mammal
Commission (Commission) requested
clarification of certain issues associated
with NMFS’s notice that one-year
Renewals can be issued in certain
limited circumstances and expressed
concern that the process would bypass
the public notice and comment
requirements. The Commission also
suggested that NMFS should discuss the
possibility of Renewals through a more
general route, such as a rulemaking,
instead of notice in a specific
authorization. The Commission further
recommended that if NMFS did not
pursue a more general route, that the
agency provide the Commission and the
public with a legal analysis supporting
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our conclusion that this process is
consistent with the requirements of
section 101(a)(5)(D) of the MMPA.
Response: The notice of the proposed
initial IHA expressly notified and
invited comment from the public on the
possibility that under certain, limited
conditions the applicant could seek a
Renewal IHA for an additional year. The
notice described the conditions under
which such a Renewal request could be
considered and expressly sought public
comment in the event such a Renewal
were sought. Further, since issuance of
the initial IHA NMFS has modified the
Renewal process to provide notice
through the Federal Register and an
additional 15-day public comment
period at the time the Renewal IHA is
requested. NMFS also will provide
direct notice of the proposed Renewal to
those who commented on the initial
IHA, to provide an opportunity to
submit any additional comments.
We appreciate the Commission’s
suggestion that NMFS discuss the
potential for IHA Renewals through a
more general route, such as a
rulemaking. However, utilizing the
public comment process associated with
IHAs is more efficient for the agency,
while still providing for appropriate
public input into NMFS’ decisionmaking. Further, NMFS’ recent
modification to the Renewal process
(i.e., soliciting additional public
comment at the time of a Renewal
request) should alleviate the
Commission’s concern about the lack of
additional public comment and need for
a more general rulemaking.
For more information, NMFS has
published a description of the Renewal
process on our website at:
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentalharassment-authorization-renewals.
Preliminary Determinations
Equinor’s proposed activity is
identical to the activity analyzed in our
previously issued notices of proposed
IHA (83 FR 7655; February 22, 2018)
and issued IHA (83 FR 19532; May 3,
2018) (with the exception of the
duration of the survey, which is less
than the duration analyzed in those
documents). We concluded that the
initial IHA would have a negligible
impact on all marine mammal stocks
and species and that the taking would
be small relative to population sizes.
The marine mammal information,
potential effects, and the mitigation and
monitoring measures remain the same
as those analyzed in the previously
issued notices of proposed IHA and
issued IHA, therefore the extensive
analysis, as well as the associated
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13251
findings, included in the prior
documents remain applicable.
The only differences between the
initial IHA and this proposed Renewal
is that the duration of the survey and
the numbers of incidental marine
mammal take expected to occur are
lower than the numbers analyzed and
authorized in the previously issued
IHA. As both the duration of the survey
and the number of takes expected to
occur, and proposed to be authorized,
are lower than in the initial IHA, we
have concluded that the effects of the
proposed Renewal would be the same or
less than those that were analyzed in the
notices of the initial proposed IHA and
issued IHA.
NMFS has preliminarily concluded
that there is no new information
suggesting that our analysis or findings
should change from those reached for
the initial IHA. Based on the
information and analysis contained here
and in the referenced documents, NMFS
has determined the following: (1) The
required mitigation measures will effect
the least practicable impact on marine
mammal species or stocks and their
habitat; (2) the authorized takes will
have a negligible impact on the affected
marine mammal species or stocks; (3)
the authorized takes represent small
numbers of marine mammals relative to
the affected stock abundances; (4)
Equinor’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action, and; (5)
appropriate monitoring and reporting
requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (16 U.S.C. 1531 et
seq.) requires that each Federal agency
insure that any action it authorizes,
funds, or carries out is not likely to
jeopardize the continued existence of
any endangered or threatened species or
result in the destruction or adverse
modification of designated critical
habitat. To ensure ESA compliance for
the issuance of IHAs, NMFS consults
internally, in this case with the NMFS
Greater Atlantic Regional Fisheries
Office (GARFO), whenever we propose
to authorize take for endangered or
threatened species.
The NMFS Office of Protected
Resources is proposing to authorize the
incidental take of three species of
marine mammals which are listed under
the ESA: The North Atlantic right, fin,
and sperm whale. BOEM consulted with
NMFS GARFO under section 7 of the
ESA on commercial wind lease issuance
and site assessment activities on the
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Atlantic Outer Continental Shelf in
Massachusetts, Rhode Island, New York
and New Jersey Wind Energy Areas.
NMFS GARFO issued a programmatic
Biological Opinion in 2013 concluding
that these activities may adversely affect
but are not likely to jeopardize the
continued existence of the North
Atlantic right, fin, and sperm whale.
The Biological Opinion was later
amended to include the Office of
Protected Resources as an action agency.
The Biological Opinion can be found
online at: www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable. The
programmatic consultation established a
procedure for reviewing future actions
to determine if they and their effects fell
within the scope of the Biological
Opinion, and noted that for future
MMPA authorizations for such
activities, the Biological Opinion’s
incidental take statement (ITS) could be
amended to exempt the take of ESA
listed marine mammals. In April 2018,
NMFS GARFO amended the ITS to
exempt the take of right, sperm and fin
whales as a result of the site
characterization surveys authorized via
the previously issued IHA.
NMFS GARFO has determined that
the 2013 Biological Opinion remains
valid and that the proposed MMPA
authorization provides no new
information about the effects of the
action, nor does it change the extent of
effects of the action, or any other basis
to require reinitiation of the opinion.
The Biological Opinion meets the
requirements of section 7(a)(2) of the
ESA and implementing regulations at 50
CFR 402 for our proposed issuance of an
IHA under the MMPA, and no further
consultation is required. NMFS GARFO
will issue an amended ITS and append
it to the 2013 Biological Opinion.
Proposed Renewal and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA Renewal to Equinor for
conducting marine site characterization
surveys off the coast of New York and
coastal waters where cable route
corridors will be established, provided
the previously described mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed IHA can be found at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. We
request comment on our analyses, the
proposed Renewal, and any other aspect
of this Notice. Please include with your
comments any supporting data or
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literature citations to help inform our
final decision on the request for MMPA
authorization.
Dated: April 1, 2019.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2019–06598 Filed 4–3–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG931
Fisheries of the Exclusive Economic
Zone Off Alaska; Halibut Deck Sorting
Monitoring Requirements for Trawl
Catcher/Processors Operating in NonPollock Groundfish Fisheries off
Alaska; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
NMFS representatives will
meet with public stakeholders to
provide an overview of, and receive
public comment on, proposed
regulations to implement new catch
handling and monitoring requirements
to allow Pacific halibut bycatch to be
sorted on the deck of trawl catcher/
processors and motherships
participating in the non-pollock
groundfish fisheries off Alaska. The
proposed rule is expected to publish in
the Federal Register during the first
week of April 2019.
DATES: The meeting will be held on
April 18, 2019, from 1 p.m. to 3 p.m.,
Pacific Standard Time.
ADDRESSES: The meeting will be held at
The Mountaineers, Cascade A room,
located at 7700 Sand Point Way NE,
Seattle, WA 98115.
FOR FURTHER INFORMATION CONTACT:
Joseph Krieger, 907–586–7650.
SUPPLEMENTARY INFORMATION: The
proposed regulations to allow halibut
deck sorting would reduce halibut
mortality by allowing halibut to be
discarded and returned to the sea faster
than current monitoring requirements
allow. Reducing halibut discard
mortality could maximize prosecution
of the directed groundfish fisheries that
otherwise might be constrained by
restrictive halibut prohibited species
catch limits, and may benefit vessels
participating in the directed halibut
fishery by returning more live halibut to
the water that would then become
SUMMARY:
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available for harvest. Participation in
halibut deck sorting and monitoring
activities would be voluntary to allow
industry flexibility to assess economic
conditions and conduct halibut deck
sorting when the benefits of reduced
mortality provide valuable fishing
opportunities that outweigh the
operational cost of halibut deck sorting.
NMFS will hold an in-person meeting
in Seattle, Washington, on April 18,
2019. Meeting topics include a
description of the proposed regulations
and an opportunity for the public to
provide comments and ask questions.
Special Accommodations
This workshop will be physically
accessible to people with disabilities.
Requests for sign language
interpretation or other auxiliary aids
should be directed to Joseph Krieger,
907–586–7650, at least 5 working days
prior to the meeting date.
Dated: April 1, 2019.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2019–06594 Filed 4–3–19; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XG851
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Portsmouth
Naval Shipyard Dry Dock 1
Modification and Expansion
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; proposed incidental
harassment authorization; request for
comments on proposed authorization
and possible renewal.
AGENCY:
NMFS has received a request
from the U.S. Navy (Navy) for
authorization to take marine mammals
incidental to Portsmouth Naval
Shipyard Dry Dock 1 modification and
expansion in Kittery, Maine. Pursuant to
the Marine Mammal Protection Act
(MMPA), NMFS is requesting comments
on its proposal to issue an incidental
harassment authorization (IHA) to
incidentally take marine mammals
during the specified activities. NMFS is
also requesting comments on a possible
one-year renewal that could be issued
under certain circumstances and if all
requirements are met, as described in
SUMMARY:
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]]>Agencies
[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Notices]
[Pages 13246-13252]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06598]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XG879
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Site Characterization Surveys Off
the Coast of New York
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; incidental harassment authorization; request for
comments on proposed Renewal.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Equinor Wind US LLC (formerly
Statoil Wind US LLC; Equinor) for the Renewal of their currently active
incidental harassment authorization (IHA) to take marine mammals
incidental to marine site characterization surveys off the coast of New
York in the area of the Commercial Lease of Submerged Lands for
Renewable Energy Development on the Outer Continental Shelf (OCS-A
0512) and coastal waters where cable route corridors will be
established. These activities are identical to those covered in the
current authorization. Pursuant to the Marine Mammal Protection Act
(MMPA), prior to issuing the currently active IHA, NMFS requested
comments on both the proposed IHA and the potential for renewing the
initial authorization if certain requirements were satisfied. The
Renewal requirements have been satisfied, and NMFS is now providing an
additional 15-day comment period to allow for any additional comments
on the proposed Renewal not previously provided during the initial 30-
day comment period. Any comments received on the potential Renewal,
along with relevant comments on the initial IHA, have been considered
in the development of this proposed IHA Renewal, and a summary of
agency responses to applicable comments is included in this notice.
NMFS will
[[Page 13247]]
consider any additional public comments prior to making any final
decision on the issuance of the requested Renewal, and agency responses
will be summarized in the final notice of our decision.
DATES: Comments and information must be received no later than April
19, 2019.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Physical comments should be sent to
1315 East-West Highway, Silver Spring, MD 20910 and electronic comments
should be sent to [email protected].
Instructions: NMFS is not responsible for comments sent by any
other method, to any other address or individual, or received after the
end of the comment period. Comments received electronically, including
all attachments, must not exceed a 25-megabyte file size. Attachments
to electronic comments will be accepted in Microsoft Word or Excel or
Adobe PDF file formats only. All comments received are a part of the
public record and will generally be posted online at
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying
information (e.g., name, address) voluntarily submitted by the
commenter may be publicly accessible. Do not submit confidential
business information or otherwise sensitive or protected information.
FOR FURTHER INFORMATION CONTACT: Jordan Carduner, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application, Renewal request, and supporting documents (including NMFS
Federal Register notices of the original proposed and final
authorizations, and the previous IHA), as well as a list of the
references cited in this document, may be obtained online at
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made and either regulations
are issued or, if the taking is limited to harassment, a notice of a
proposed incidental take authorization is provided to the public for
review.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). Monitoring and reporting of such takings are also
required. The meaning of key terms such as ``take,'' ``harassment,''
and ``negligible impact'' can be found in section 3 of the MMPA (16
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed one year for each reauthorization. In the notice of proposed IHA
for the initial authorization, NMFS described the circumstances under
which we would consider issuing a Renewal for this activity, and
requested public comment on a potential Renewal under those
circumstances. Specifically, on a case-by-case basis, NMFS may issue a
one-year IHA Renewal when (1) another year of identical or nearly
identical activities as described in the Specified Activities section
is planned or (2) the activities would not be completed by the time the
IHA expires and a second IHA would allow for completion of the
activities beyond that described in the Dates and Duration section of
the initial IHA. All of the follwing conditions must be met in order to
issue a Renewal:
A request for Renewal is received no later than 60 days
prior to expiration of the current IHA.
The request for Renewal must include the following:
(1) An explanation that the activities to be conducted beyond the
initial dates either are identical to the previously analyzed
activities or include changes so minor (e.g., reduction in pile size)
that the changes do not affect the previous analyses, take estimates,
or mitigation and monitoring requirements; and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
Upon review of the request for Renewal, the status of the
affected species or stocks, and any other pertinent information, NMFS
determines that there are no more than minor changes in the activities,
the mitigation and monitoring measures remain the same and appropriate,
and the initial findings remain valid.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed Renewal. A description of the Renewal process
may be found on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
The NDAA (Pub. L. 108-136) removed the ``small numbers'' and
``specified geographical region'' limitations indicated above and
amended the definition of ``harassment'' as it applies to a ``military
readiness activity.''
National Environmental Policy Act
In compliance with the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), as implemented by the regulations published
by the Council on Environmental Quality (40 CFR parts 1500-1508), NMFS
prepared an Environmental Assessment (EA) to consider the direct,
indirect and cumulative effects to the human environment resulting from
the issuance of the initial IHA in 2018. NMFS made the EA available to
the public for review and comment. Also in compliance with NEPA and the
CEQ regulations, NMFS signed a Finding of No Significant Impact (FONSI)
on April 24, 2018. The 2018 NEPA documents are available at:
www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york. We have reviewed
Equinor's application for a Renewal of the 2018 IHA and the 2018
monitoring report. Based on that review, we have determined that the
proposed action follows closely the IHA issued and implemented in 2018
and does not present any substantial changes, or significant new
circumstances or information relevant to environmental concerns which
would require a supplement to the 2018 EA or
[[Page 13248]]
preparation of a new NEPA document. Therefore, we have preliminarily
determined that a new or supplemental EA or Environmental Impact
Statement is unnecessary, and will, after review of public comments
determine whether or not to rely on the existing EA and FONSI.
History of Request
On April 24, 2018, NMFS issued an IHA to Statoil Wind US LLC, to
take marine mammals incidental to marine site characterization surveys
off the coast of New York in the area of the Commercial Lease of
Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS-A 0512) and coastal waters where cable route
corridors will be established, effective from April 24, 2018, through
April 23, 2019 (83 FR 19532; May 3, 2018). On February 21, 2019, NMFS
received an application for the Renewal of that IHA. As described in
the application for Renewal, the activities authorized in the initial
IHA would not be completed by the time that IHA expires and a second
IHA would allow for completion of the activities beyond that described
in the Dates and Duration section of the initial IHA. As required, the
applicant also provided a preliminary monitoring report (available at
www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york) which confirms
that the applicant has implemented the required mitigation and
monitoring, and which also shows that no impacts of a scale or nature
not previously analyzed or authorized have occurred as a result of the
activities conducted. Since the initial IHA was issued, Statoil Wind US
LLC has changed the name under which the company operates to Equinor
Wind US LLC (Equinor).
Description of the Specified Activities and Anticipated Impacts
Equinor proposes to continue their marine site characterization
surveys in the approximately 79,350-acre Lease Area located
approximately 11.5 nautical miles (nm) from Jones Beach, New York and
along cable route corridors between the Lease Area and New York. Water
depths across the Lease Area range from approximately 22 to 41 meters
(m) (72 to 135 feet (ft)) while the cable route corridors extend to
shallow water areas near landfall locations. The specified activities
described for this renewal are an identical subset of the activities
covered by the initial 2018 IHA. The purpose of the surveys are to
support the siting, design, and deployment of up to three
meteorological data buoy deployment areas and to obtain a baseline
assessment of seabed/sub-surface soil conditions in the Lease Area and
cable route corridors to support the siting of a proposed offshore wind
farm. NMFS previously published notices of proposed IHA (83 FR 7655;
February 22, 2018) and issued IHA (83 FR 19532; May 3, 2018). These
documents, as well as Equinor's initial IHA application and the
preliminary monitoring report for the previously issued IHA, are
available at: www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york.
Similarly, the anticipated impacts are identical to those described
in the initial IHA. Specifically, we anticipate the take of 11 marine
mammal stocks (including nine cetacean and two pinniped stocks), by
Level B harassment only, incidental to the site characterization
surveys due to exposure to noise resulting from high resolution
geophysical (HRG) survey equipment. Equinor was not able to complete
the site characterization surveys analyzed in the initial IHA by the
date that IHA is set to expire and anticipates the need for an
additional 56 operational survey days to complete the survey campaign
in 2019.
The following documents are referenced in this notice and include
important supporting information, and may be found at the indicated
location:
Initial Proposed IHA: Takes of Marine Mammals Incidental
to Specified Activities; Taking Marine Mammals Incidental to Site
Characterization Surveys off of New York (83 FR 7655; February 22,
2018). Available at: www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york;
Initial Final IHA. Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine Mammals Incidental to Site
Characterization Surveys off of New York (83 FR 19532; May 3, 2018).
Available at: www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york;
Preliminary Monitoring Report from Initial IHA. Available
at: www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york; and
Environmental Assessment (EA). Issuance of an Incidental
Harassment Authorization to Statoil Wind U.S. LLC for Site
Characterization Surveys off the Coast of New York. Available at:
www.fisheries.noaa.gov/action/incidental-take-authorization-statoil-wind-site-characterization-surveys-offshore-new-york.
Detailed Description of the Activity
As described above, Equinor was not able to complete the surveys
analyzed in the initial IHA by the date that IHA is set to expire
(April 23, 2019). As such, the surveys Equinor proposes to conduct in
2019 would be a continuation of the surveys as described in the initial
2018 IHA and would be identical to the activities analyzed in the
initial IHA (same location, equipment, methods, and seasonality). The
initial IHA analyzed the potential impacts to marine mammals from a
total of 142 survey days. Equinor completed a total of 86 operational
survey days in 2018, and anticipates a total of 56 operational survey
days will be required to complete the survey campaign in 2019 following
issuance of the IHA Renewal, if renewed. Thus the total duration of the
surveys conducted in 2018 and 2019 combined would not exceed the total
duration described and analyzed in the previously issued IHA (142 days
total). The proposed Renewal would be effective for a period of one
year from the date of issuance.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which authorization of take is proposed here, including information
on abundance, status, distribution, and hearing, may be found in the
Notice of issued IHA (83 FR 19532; May 3, 2018) for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
determined that neither this nor any other new information affects
which species or stocks have the potential to be affected or the
pertinent information in the Description of the Marine Mammals in the
Area of Specified Activities contained in the supporting documents for
the initial IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
proposed here may be found in the Notice of issued IHA for the initial
authorization. NMFS has reviewed the monitoring data from the initial
IHA, recent draft Stock Assessment Reports, information on relevant
Unusual Mortality Events, and other scientific literature, and
[[Page 13249]]
determined that neither this nor any other new information affects our
initial analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Notices of issued IHA
for the initial authorization. The HRG equipment that may result in
take, as well as the source levels, marine mammal stocks taken, marine
mammal density data and the methods of take estimation applicable to
this authorization remain unchanged from the previously issued IHA.
As described above, Equinor completed 86 survey days in 2018 and
anticipates the need for an additional 56 survey days in 2019 to
complete their survey. As the number of survey days remaining is less
than the number of survey days analyzed in the previous IHA, the number
of takes estimated to occur in 2019, and proposed for authorization,
has changed from the number of takes authorized in the initial IHA
(Table 7 in the initial IHA).
Equinor has already completed 60.5 percent of the planned total
survey days that were analyzed in the initials IHA (i.e., 86 of a total
of 142 total survey days). Thus 39.5 percent of the total survey days
analyzed in the previous IHA remain to be completed in 2019 (i.e., 56
of a total of 142 total survey days). We therefore anticipate that the
number of takes that may occur as a result of the remaining survey days
in 2019 will represent 39.5 percent of the total take that was expected
to occur during the entire duration of the survey (total 142 days) and
was authorized in the initial IHA. The number of takes expected to
occur during the remaining 56 survey days in 2019, and proposed for
authorization, are shown in Table 1.
Table 1--Number of Takes Expected To Occur and Proposed for
Authorization During the Remaining 56 Survey Days in 2019, and Proposed
for Authorization
------------------------------------------------------------------------
Level B Total
Species takes takes
------------------------------------------------------------------------
North Atlantic right whale........................ 7 7
Humpback whale.................................... 9 9
Fin whale......................................... 38 38
Sperm whale....................................... 2 2
Minke whale....................................... 15 15
Bottlenose dolphin................................ 615 615
Common dolphin.................................... 668 668
Atlantic white-sided dolphin...................... 169 169
Harbor porpoise................................... 892 892
Harbor seal....................................... 1144 1144
Gray seal......................................... 1144 1144
------------------------------------------------------------------------
Description of Proposed Mitigation, Monitoring and Reporting Measures
The proposed mitigation, monitoring, and reporting measures
included as requirements in this authorization are identical to those
included in the Notice announcing the issuance of the initial IHA, and
the discussion of the least practicable adverse impact included in that
document remains accurate. The following measures are proposed for this
renewal:
Marine Mammal Exclusion and Watch Zones
As required in the BOEM lease, marine mammal exclusion zones (EZ)
will be established around the HRG survey equipment and monitored by
protected species observers (PSO) during HRG surveys as follows:
50 m EZ for pinnipeds and delphinids (except harbor
porpoises);
100 m EZ for large whales including sperm whales and
mysticetes (except North Atlantic right whales) and harbor porpoises;
500 m EZ for North Atlantic right whales.
In addition, PSOs will visually monitor for all marine mammals to
the extent of a 500 m ``Watch Zone'' or as far as possible if the
extent of the Watch Zone is not fully visible.
Visual Monitoring
As per the BOEM lease, visual and acoustic monitoring of the
established exclusion and monitoring zones will be performed by
qualified and NMFS-approved PSOs. 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. PSOs will be equipped with binoculars and have the ability
to estimate distances to marine mammals located in proximity to the
vessel and/or exclusion zone using range finders. Reticulated
binoculars will also be available to PSOs for use as appropriate based
on conditions and visibility to support the siting and monitoring of
marine species. Digital single-lens reflex camera equipment will be
used to record sightings and verify species identification. During
surveys conducted at night, night-vision equipment and infrared
technology will be available for PSO use, and PAM (described below)
will be used.
Pre-Clearance of the Exclusion Zone
For all HRG survey activities, Statoil will implement a 30-minute
pre-clearance period of the relevant EZs prior to the initiation of HRG
survey equipment. During this period the EZs will be monitored by PSOs,
using the appropriate visual technology for a 30-minute period. HRG
survey equipment will not be initiated if marine mammals are observed
within or approaching the relevant EZs during this pre-clearance
period. If a marine mammal is observed within or approaching the
relevant EZ during the pre-clearance period, ramp-up will not begin
until the animal(s) has been observed exiting the EZ or until an
additional time period has elapsed with no further sighting of the
animal (15 minutes for small delphinoid cetaceans and pinnipeds and 30
minutes for all other species). This pre-clearance requirement will
include small delphinoids that approach the vessel (e.g., bow ride).
PSOs will also continue to monitor the zone for 30 minutes after survey
equipment is shut down or survey activity has concluded.
Passive Acoustic Monitoring
As required in the BOEM lease, PAM will be required during HRG
surveys conducted at night. In addition, PAM systems would be employed
during daylight hours as needed 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). PAM operators will also be on call as necessary during
daytime operations should visual observations become impaired. BOEM's
lease stipulations require the use of PAM during nighttime operations.
However, these requirements do not require that any mitigation action
be taken upon acoustic detection of marine mammals. Given the range of
species that could occur in the survey 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). The
[[Page 13250]]
PAM operator would monitor the hydrophone signals in real time both
aurally (using headphones) and visually (via the monitor screen
displays). The PAM operator would communicate detections to the Lead
PSO on duty who will ensure the implementation of the appropriate
mitigation procedures. A mitigation and monitoring communications flow
diagram has been included as Appendix C of the IHA application.
Ramp-Up of Survey Equipment
As required in the BOEM lease, where technically feasible, 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. The
ramp-up procedure will be used at the beginning of HRG survey
activities in order to provide additional protection to marine mammals
near the survey area by allowing them to vacate the area prior to the
commencement of survey equipment use at full energy. A ramp-up will
begin with the power of the smallest acoustic equipment at its lowest
practical power output appropriate for the survey. When technically
feasible the power will then be gradually turned up and other acoustic
sources added in a way such that the source level would increase
gradually.
Shutdown Procedures
As required in the BOEM lease, if a marine mammal is observed
within or approaching the relevant EZ (as described above) an immediate
shutdown of the survey equipment is required. Subsequent restart of the
survey equipment may only occur after the animal(s) has either been
observed exiting the relevant EZ or until an additional time period has
elapsed with no further sighting of the animal (e.g.,15 minutes for
delphinoid cetaceans and pinnipeds and 30 minutes for all other
species). HRG survey equipment may continue operating if small
delphinids voluntarily approach the vessel (e.g., to bow ride) when HRG
survey equipment is operating.
As required in the BOEM lease, if the HRG equipment shuts down for
reasons other than mitigation (i.e., mechanical or electronic failure)
resulting in the cessation of the survey equipment for a period greater
than 20 minutes, a 30 minute pre-clearance period (as described above)
will precede the restart of the HRG survey equipment. If the pause is
less than 20 minutes, the equipment may be restarted as soon as
practicable at its full operational level only if visual surveys were
continued diligently throughout the silent period and the EZs remained
clear of marine mammals during that entire period. If visual surveys
were not continued diligently during the pause of 20 minutes or less, a
30-minute pre-clearance period (as described above) will precede the
re-start of the HRG survey equipment. Following a shutdown, HRG survey
equipment may be restarted following pre-clearance of the zones as
described above.
Vessel Strike Avoidance
Statoil will ensure that vessel operators and crew maintain a
vigilant watch for cetaceans and pinnipeds by slowing down or stopping
the vessel to avoid striking marine mammals. Survey vessel crew members
responsible for navigation duties will receive site-specific training
on marine mammal sighting/reporting and vessel strike avoidance
measures. Vessel strike avoidance measures will include, but are not
limited to, the following, as required in the BOEM lease, except under
circumstances when complying with these requirements would put the
safety of the vessel or crew at risk:
All vessel operators and crew will maintain vigilant watch
for cetaceans and pinnipeds, and slow down or stop their vessel to
avoid striking these protected species;
All vessel operators will comply with 10 knot (18.5
kilometers (km)/hr) or less speed restrictions in any SMA per NOAA
guidance. This applies to all vessels operating at any time of year;
All vessel operators will reduce vessel speed to 10 knots
(18.5 km/hr) or less when any large whale, any mother/calf pairs, pods,
or large assemblages of non-delphinoid cetaceans are observed near
(within 100 m (330 ft)) an underway vessel;
All survey vessels will maintain a separation distance of
500 m (1640 ft) or greater from any sighted North Atlantic right whale;
If underway, vessels must steer a course away from any
sighted North Atlantic right whale at 10 knots (18.5 km/hr) or less
until the 500 m (1640 ft) minimum separation distance has been
established. If a North Atlantic right whale is sighted in a vessel's
path, or within 100 m (330 ft) 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
(330 ft) or greater from any sighted non-delphinoid cetacean. If
sighted, the vessel underway must reduce speed and shift the engine to
neutral, and must not engage the engines until the non-delphinoid
cetacean has moved outside of the vessel's path and beyond 100 m. If a
survey vessel is stationary, the vessel 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
(164 ft) 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 will reduce vessel speed to 10 knots
(18.5 km/hr) 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 the abeam of the underway vessel;
All vessels underway will not divert or alter course in
order to approach any whale, delphinoid cetacean, or pinniped. Any
vessel underway will avoid excessive speed or abrupt changes in
direction to avoid injury to the sighted cetacean or pinniped; and
All vessels will maintain a separation distance of 50 m
(164 ft) or greater from any sighted pinniped.
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
NMFS' North Atlantic right whale reporting systems for the presence of
North Atlantic right whales throughout survey operations. However, the
survey activities will occur outside of the SMA located off the coasts
of New Jersey and New York. Members of the monitoring team will monitor
the NMFS North Atlantic right whale reporting systems for the
establishment of a Dynamic Management Area (DMA). If NMFS should
establish a DMA in the survey area, within 24 hours of the
establishment of the DMA Statoil will work with NMFS to shut down and/
or alter the survey activities to avoid the DMA.
[[Page 13251]]
The mitigation measures are designed to avoid the already low
potential for injury in addition to some Level B harassment, and to
minimize the potential for vessel strikes. There are no known marine
mammal feeding areas, rookeries, or mating grounds in the survey area
that would otherwise potentially warrant increased mitigation measures
for marine mammals or their habitat (or both). The survey will occur in
an area that has been identified as a biologically important area for
migration for North Atlantic right whales. However, given the small
spatial extent of the survey area relative to the substantially larger
spatial extent of the right whale migratory area, the survey is not
expected to appreciably reduce migratory habitat nor to negatively
impact the migration of North Atlantic right whales, thus mitigation to
address the survey's occurrence in North Atlantic right whale migratory
habitat is not warranted. Further, we believe the mitigation measures
are practicable for the applicant to implement.
Based on our evaluation of the applicant's proposed measures, NMFS
has determined that the 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.
Public Comments
As noted previously, NMFS published a notice of proposed IHA (83 FR
7655; February 22, 2018) and solicited public comments on both our
proposal to issue the initial IHA and on the potential for a Renewal,
should certain requirements be met. All public comments were addressed
in the notice announcing the issuance of the initial IHA. Below, we
describe how we have addressed, with updated information where
appropriate, any comments received that specifically pertain to the
Renewal of the 2018 IHA.
Comment: The Marine Mammal Commission (Commission) requested
clarification of certain issues associated with NMFS's notice that one-
year Renewals can be issued in certain limited circumstances and
expressed concern that the process would bypass the public notice and
comment requirements. The Commission also suggested that NMFS should
discuss the possibility of Renewals through a more general route, such
as a rulemaking, instead of notice in a specific authorization. The
Commission further recommended that if NMFS did not pursue a more
general route, that the agency provide the Commission and the public
with a legal analysis supporting our conclusion that this process is
consistent with the requirements of section 101(a)(5)(D) of the MMPA.
Response: The notice of the proposed initial IHA expressly notified
and invited comment from the public on the possibility that under
certain, limited conditions the applicant could seek a Renewal IHA for
an additional year. The notice described the conditions under which
such a Renewal request could be considered and expressly sought public
comment in the event such a Renewal were sought. Further, since
issuance of the initial IHA NMFS has modified the Renewal process to
provide notice through the Federal Register and an additional 15-day
public comment period at the time the Renewal IHA is requested. NMFS
also will provide direct notice of the proposed Renewal to those who
commented on the initial IHA, to provide an opportunity to submit any
additional comments.
We appreciate the Commission's suggestion that NMFS discuss the
potential for IHA Renewals through a more general route, such as a
rulemaking. However, utilizing the public comment process associated
with IHAs is more efficient for the agency, while still providing for
appropriate public input into NMFS' decision-making. Further, NMFS'
recent modification to the Renewal process (i.e., soliciting additional
public comment at the time of a Renewal request) should alleviate the
Commission's concern about the lack of additional public comment and
need for a more general rulemaking.
For more information, NMFS has published a description of the
Renewal process on our website at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
Preliminary Determinations
Equinor's proposed activity is identical to the activity analyzed
in our previously issued notices of proposed IHA (83 FR 7655; February
22, 2018) and issued IHA (83 FR 19532; May 3, 2018) (with the exception
of the duration of the survey, which is less than the duration analyzed
in those documents). We concluded that the initial IHA would have a
negligible impact on all marine mammal stocks and species and that the
taking would be small relative to population sizes. The marine mammal
information, potential effects, and the mitigation and monitoring
measures remain the same as those analyzed in the previously issued
notices of proposed IHA and issued IHA, therefore the extensive
analysis, as well as the associated findings, included in the prior
documents remain applicable.
The only differences between the initial IHA and this proposed
Renewal is that the duration of the survey and the numbers of
incidental marine mammal take expected to occur are lower than the
numbers analyzed and authorized in the previously issued IHA. As both
the duration of the survey and the number of takes expected to occur,
and proposed to be authorized, are lower than in the initial IHA, we
have concluded that the effects of the proposed Renewal would be the
same or less than those that were analyzed in the notices of the
initial proposed IHA and issued IHA.
NMFS has preliminarily concluded that there is no new information
suggesting that our analysis or findings should change from those
reached for the initial IHA. Based on the information and analysis
contained here and in the referenced documents, NMFS has determined the
following: (1) The required mitigation measures will effect the least
practicable impact on marine mammal species or stocks and their
habitat; (2) the authorized takes will have a negligible impact on the
affected marine mammal species or stocks; (3) the authorized takes
represent small numbers of marine mammals relative to the affected
stock abundances; (4) Equinor's activities will not have an unmitigable
adverse impact on taking for subsistence purposes as no relevant
subsistence uses of marine mammals are implicated by this action, and;
(5) appropriate monitoring and reporting requirements are included.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.) requires that each Federal agency insure that any action
it authorizes, funds, or carries out is not likely to jeopardize the
continued existence of any endangered or threatened species or result
in the destruction or adverse modification of designated critical
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS
consults internally, in this case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO), whenever we propose to authorize
take for endangered or threatened species.
The NMFS Office of Protected Resources is proposing to authorize
the incidental take of three species of marine mammals which are listed
under the ESA: The North Atlantic right, fin, and sperm whale. BOEM
consulted with NMFS GARFO under section 7 of the ESA on commercial wind
lease issuance and site assessment activities on the
[[Page 13252]]
Atlantic Outer Continental Shelf in Massachusetts, Rhode Island, New
York and New Jersey Wind Energy Areas. NMFS GARFO issued a programmatic
Biological Opinion in 2013 concluding that these activities may
adversely affect but are not likely to jeopardize the continued
existence of the North Atlantic right, fin, and sperm whale. The
Biological Opinion was later amended to include the Office of Protected
Resources as an action agency. The Biological Opinion can be found
online at: www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. The
programmatic consultation established a procedure for reviewing future
actions to determine if they and their effects fell within the scope of
the Biological Opinion, and noted that for future MMPA authorizations
for such activities, the Biological Opinion's incidental take statement
(ITS) could be amended to exempt the take of ESA listed marine mammals.
In April 2018, NMFS GARFO amended the ITS to exempt the take of right,
sperm and fin whales as a result of the site characterization surveys
authorized via the previously issued IHA.
NMFS GARFO has determined that the 2013 Biological Opinion remains
valid and that the proposed MMPA authorization provides no new
information about the effects of the action, nor does it change the
extent of effects of the action, or any other basis to require
reinitiation of the opinion. The Biological Opinion meets the
requirements of section 7(a)(2) of the ESA and implementing regulations
at 50 CFR 402 for our proposed issuance of an IHA under the MMPA, and
no further consultation is required. NMFS GARFO will issue an amended
ITS and append it to the 2013 Biological Opinion.
Proposed Renewal and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue an IHA Renewal to Equinor for conducting marine site
characterization surveys off the coast of New York and coastal waters
where cable route corridors will be established, provided the
previously described mitigation, monitoring, and reporting requirements
are incorporated. A draft of the proposed IHA can be found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment on our analyses, the
proposed Renewal, and any other aspect of this Notice. Please include
with your comments any supporting data or literature citations to help
inform our final decision on the request for MMPA authorization.
Dated: April 1, 2019.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2019-06598 Filed 4-3-19; 8:45 am]
BILLING CODE 3510-22-P
