Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Offshore of Massachusetts, Rhode Island, Connecticut, and New York, 42357-42359 [2020-15105]
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Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
Commerce’s Final Results of
Redetermination.7
Timken Notice
In its decision in Timken,8 as clarified
by Diamond Sawblades,9 the Court of
Appeals for the Federal Circuit (CAFC)
held that, pursuant to section 516A of
the Tariff Act of 1930, as amended (the
Act), Commerce must publish a notice
of a court decision that is not ‘‘in
harmony’’ with a Commerce
determination and must suspend
liquidation of entries pending a
‘‘conclusive’’ court decision. The CIT’s
June 25, 2020, judgment sustaining the
Final Results of Redetermination
constitutes a final decision of the CIT
that is not in harmony with Commerce’s
Final Determination, as modified by the
Amended Final Determination and
Order. This notice is published in
fulfillment of the publication
requirements of Timken.
Amended Final Determination
Because there is now a final court
decision, Commerce is amending its
Final Determination with respect to the
countervailing duty rate calculated for
Habas and the companies covered by
the all-others rate. The revised rates are
as follows:
Subsidy
rate
Exporter or producer
Habas and all other producers and
exporters of the subject merchandise,
effective July 5, 2020.
Notification to Interested Parties
This notice is issued and published in
accordance with sections 516A(c)(1) and
(e), and 777(i)(1) of the Act.
Dated: July 7, 2020.
Jeffrey I. Kessler,
Assistant Secretary for Enforcement and
Compliance.
[FR Doc. 2020–15061 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–DS–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA238]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Marine Site
Characterization Surveys Offshore of
Massachusetts, Rhode Island,
Connecticut, and New York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from Vineyard Wind, LLC (Vineyard
6.09
Wind) for the re-issuance of a
3.81 previously issued incidental harassment
4.95 authorization (IHA) with the only
change being effective dates. The initial
IHA authorized take of 14 species of
Cash Deposit Requirements
marine mammals, by Level B
Because Habas does not have a
harassment, incidental to incidental to
superseding cash deposit rate, i.e., there marine site characterization survey
have been no final results published in
activities off the coast of Massachusetts
a subsequent administrative review for
in the areas of the Commercial Lease of
the Habas, Commerce will issue revised Submerged Lands for Renewable Energy
cash deposit instructions to CBP.
Development on the Outer Continental
Commerce will instruct CBP to collect a Shelf (OCS–A 0501 and OCS–A 0522)
cash deposit for estimated
and along potential submarine cable
countervailing duties at ad valorem
routes to a landfall location in
rates equal to the estimated weightedMassachusetts, Rhode Island,
average subsidy rates listed above for
Connecticut, and New York. The project
has been delayed and none of the work
7 See Habas Sinai ve Tibbi Gazlar Istihsal
covered in the initial IHA has been
Endustrisi AS, et al. v. United States, Court No. 18–
conducted. The initial IHA was effective
00144, Slip Op. 20–87 (CIT June 25, 2020).
8 See Timken Co. v. United States, 893 F.2d 337,
from June 1, 2020 through May 31,
341 (Fed. Cir. 1990) (Timken).
2021. Due to delays, Vineyard Wind has
9 See Diamond Sawblades Mfrs. Coalition v.
requested re-issuance with new effective
United States, 626 F.3d 1374 (Fed. Cir. 2010)
dates of June 21, 2020 through June 20,
(Diamond Sawblades).
2021. The scope of the activities and
10 See Final Results of Redetermination.
anticipated effects remain the same,
11 The rate for Icdas did not change as a result of
litigation. See Carbon and Alloy Steel Wire Rod
authorized take numbers are not
From the Republic of Turkey: Final Affirmative
changed, and the required mitigation,
Countervailing Duty Determination and Final
monitoring, and reporting remains the
Affirmative Critical Circumstances Determination,
same as included in the initial IHA.
in Part, 83 FR 13239 (March 28, 2018); see also
Order, 83 FR at 23421.
NMFS is, therefore, issuing a second
Habas Sinai ve Tibbi Gazlar
Istihsal Endustrisi A.S 10 .........
Icdas Celik Enerji Tersane ve
Ulasim Sanayi A.S 11 ..............
All Others ....................................
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SUMMARY:
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42357
identical IHA to cover the incidental
take analyzed and authorized in the
initial IHA.
DATES: This authorization is effective
from June 21, 2020, through June 2020,
2021.
ADDRESSES: An electronic copy of the
final 2020 IHA previously issued to
Vineyard Wind, Vineyard Wind’s
application, and the Federal Register
notices proposing and issuing the initial
IHA may be obtained by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-vineyardwind-llc-marine-site-characterizationsurveys. In case of problems accessing
these documents, please call the contact
listed below (see FOR FURTHER
INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob
Pauline, Office of Protected Resources,
NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (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 authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
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
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42358
Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On May 6, 2020 NMFS published
final notice of our issuance of an IHA
for the take of small numbers of marine
mammals incidental to site
characterization surveys with effective
dates of June 1, 2020 through May 31,
2021 (85 FR26962). On May 27, 2020
Vineyard Wind requested that the
effective dates of the IHA be revised to
June 21, 2020 through June 20, 2021 due
to operational delays. With up to 365
vessel days planned for survey
activities, Vineyard Wind wants to be
most efficient with the one-year
duration of the IHA. The re-issued IHA
would be identical to the previously
issued IHA. Therefore, re-issuance of
the IHA is appropriate
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
The purpose of Vineyard Wind’s
marine site characterization surveys is
to obtain a baseline assessment of
seabed/sub-surface soil conditions in
the Lease Area and cable route corridors
to support the siting of potential future
offshore wind projects. Underwater
sound resulting from Vineyard Wind’s
proposed site characterization surveys,
including the use of high-resolution
geophysical (HRG) equipment, are
expected to produce sound in the
marine environment that may result in
the behavioral harassment of marine
mammals. The location, timing, and
nature of the activities, including the
types of equipment planned for use, are
within scope of those described in the
initial IHA. The mitigation and
monitoring are also as prescribed in the
initial IHA.
Fourteen marine mammal species are
expected to be taken by Level B
harassment. A description of the
methods and inputs used to estimate
take anticipated to occur and,
ultimately, the take that was authorized
is found in the previous documents
referenced above. The data inputs and
methods of estimating take are identical
VerDate Sep<11>2014
17:58 Jul 13, 2020
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to those used in the initial IHA. NMFS
has reviewed recent Stock Assessment
Reports, information on relevant
Unusual Mortality Events, and recent
scientific literature, and determined that
no new information affects our original
analysis of impacts or take estimate
under the initial IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2020 IHA for
Vineyard Wind’s site characterization
survey work (85 FR 26962), Vineyard
Wind’s application, the Federal Register
notice of the proposed IHA (85 FR
7952), and all associated references and
documents.
Determinations
Vineyard Wind will conduct activities
as analyzed in the initial 2020 IHA. As
described above, the number of
authorized takes of the same species and
stocks of marine mammals are identical
to the numbers that were found to meet
the negligible impact and small
numbers standards and authorized
under the initial IHA and no new
information has emerged that would
change those findings. The re-issued
2020 IHA includes identical required
mitigation, monitoring, and reporting
measures as the initial IHA, and there is
no new information suggesting that our
analysis or findings should change.
Based on the information 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; and (4) Vineyard Wind’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.
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.
Accordingly, NMFS has determined
that the issuance of the IHA qualifies to
be categorically excluded from further
NEPA review. This action is consistent
with categories of activities identified in
PO 00000
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CE B4 of the Companion Manual for
NOAA Administrative Order 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion.
Endangered Species Act (ESA)
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 Permits and Conservation
Division is authorizing the incidental
take of four species of marine mammals
which are listed under the ESA: The
North Atlantic right, fin, sei and sperm
whale. We requested initiation of
consultation under Section 7 of the ESA
with NMFS GARFO on February 12,
2020, for the issuance of this IHA.
BOEM consulted with NMFS GARFO
under section 7 of the ESA 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. The
NMFS GARFO issued a Biological
Opinion concluding that these activities
may adversely affect but are not likely
to jeopardize the continued existence of
the North Atlantic right, fin, sei and
sperm whale. Upon request from the
NMFS Office of Protected Resources,
NMFS GARFO issued an amended
incidental take statement associated
with this Biological Opinion to include
the take of the ESA-listed marine
mammal species authorized through
this IHA in April, 2020.
Authorization
NMFS has issued an IHA to Vineyard
Wind for marine site characterization
surveys associated with the specified
activity from June 21, 2020, through
June 20, 2021. All previously described
mitigation, monitoring, and reporting
requirements from the initial 2020 IHA
are incorporated.
E:\FR\FM\14JYN1.SGM
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Federal Register / Vol. 85, No. 135 / Tuesday, July 14, 2020 / Notices
Dated: July 8, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–15105 Filed 7–13–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA276]
Endangered Species; File No. 23148
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permit.
AGENCY:
Notice is hereby given that
NMFS has issued an Incidental Take
Permit (ITP) (No. 23148) to Exelon
Generating Company, LLC, pursuant to
the Endangered Species Act (ESA) of
1973, as amended, for the incidental
take of shortnose (Acipenser
brevirostrum) and Atlantic (Acipenser
oxyrinchus) sturgeon associated with
the otherwise lawful operation of the
Eddystone Generating Station in
Eddystone, PA. The permit is issued for
a duration of 10 years.
ADDRESSES: The incidental take permit,
final environmental assessment, and
other related documents are available on
the NMFS Office of Protected Resources
website at https://
www.fisheries.noaa.gov/action/
incidental-take-permit-eddystonegenerating-station.
FOR FURTHER INFORMATION CONTACT:
Celeste Stout, phone: (301) 427–8436;
email: Celeste.Stout@noaa.gov.
SUPPLEMENTARY INFORMATION: Section 9
of the ESA and Federal regulations
prohibits the ‘taking’ of a species listed
as endangered or threatened. The ESA
defines ‘‘take’’ to mean harass, harm,
pursue, hunt, shoot, wound, kill, trap,
capture, or collect, or to attempt to
engage in any such conduct. NMFS may
issue permits, under limited
circumstances to take listed species
when the takes are incidental to, and
not the purpose of, otherwise lawful
activities. Section 10(a)(1)(B) of the ESA
provides for authorizing incidental take
of listed species. The regulations for
issuing incidental take permits for
threatened and endangered species are
promulgated at 50 CFR 222.307.
SUMMARY:
Background
Exelon Generating Company, LLC,
owns Eddystone Generating Station (the
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17:58 Jul 13, 2020
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facility), a natural gas/fuel oil-fired
electric power generating facility that
operates as a peaking plant, (i.e.,
typically running at higher levels of
generation capacity during the summer
and winter periods). The facility is
located at 1 Industrial Highway
Eddystone, PA 19022. The facility
presently consists of two natural gas/
fuel oil-fired electric generating units
that are steam-electric generators.
Cooling water for each unit is
withdrawn from the Delaware River
through a cooling water intake structure
(CWIS), which is located along the west
shore of the River, directly in front of
the facility. Exelon conducted
entrainment sampling at the facility in
2005–2006, 2016, and 2017. One
Atlantic sturgeon yolk-sac larva was
collected in May 2017. Thus, Exelon
determined it was necessary to apply for
an ITP in accordance with the
requirements under Section 10(a)(1)(B)
of the ESA.
NMFS received a draft permit
application from Exelon on June 28,
2018. Based on our review of the draft
application, we requested further
information and clarification. On
December 21, 2018, Exelon submitted
an application. Based on review of the
updated application, NMFS and Exelon
held further discussions regarding what
needed to be incorporated in the
Conservation Plan. On June 21, 2019,
Exelon submitted a revised application
and Conservation Plan. This application
was considered complete and on July
16, 2019, NMFS published a notice of
receipt of the Exelon application for the
Eddystone facility in the Federal
Register (84 FR 33924). The comment
period ended on August 15, 2019. No
comments were received. An additional
notice was published in the Federal
Register (84 FR 65970) and was
published on December 2, 2019 to allow
other agencies and the public the
opportunity to review and comment on
the draft Environmental Assessment
(EA). The comment period closed on
January 2, 2020. Two comments were
received on the EA. One commenter was
opposed to the killing of any sturgeon.
This is not consistent with the ESA,
which allows for the incidental take of
listed species if certain criteria are met
and a permit is issued by NMFS. The
other commenter seemed confused
regarding the requirements of the ITP
and advised the Agency to select the no
action alternative in the draft EA, so that
Eddystone could continue to monitor
interactions with sturgeon. However, it
is the issuance of the ITP that will
require Eddystone to monitor
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42359
interactions with sturgeon, not the no
action alternative.
Conservation Plan
Section 10 of the ESA specifies that
no permit may be issued unless an
applicant submits an adequate
conservation plan. The conservation
plan prepared by Exelon Generation
Company, LLC, describes measures to
monitor, minimize and mitigate the
impacts of incidental takes of ESA-listed
shortnose and Atlantic sturgeon. To
avoid and minimize take of sturgeon,
Exelon will only operate Eddystone’s
circulating water pumps (CWPs): When
the station is generating electricity; for
incidental maintenance or testing
(generally once per month) (referred to
collectively as ‘‘Essential Station
Operations’’); or as required by a
governmental agency or other entity
with jurisdiction to require operations.
Depending on station generation and
ambient water temperatures, Exelon will
also limit operations to one CWP per
unit when possible. In addition, Exelon
will rely on the river water pumps
(RWPs), which intakes less water than
Eddystone’s other CWP, to provide
cooling water for other critical station
operations outside of Essential Station
Operations. These measures will avoid
and minimize the incidental take of
sturgeon due to entrainment or
impingement by eliminating or reducing
water withdrawals at times when such
withdrawals are not specifically
required for Essential Station
Operations or for governmental agencymandated use. Additionally, Exelon will
make all reasonable efforts to schedule
fuel oil deliveries outside March 15–
July 15. Continued monitoring related to
the take of shortnose and Atlantic
sturgeon will be ongoing and funding
will be provided through the facility’s
annual operating budget.
Permit 23148
NMFS authorizes the following lethal
incidental takes:
New York Bight DPS Atlantic Sturgeon
Vessel Strike: 1 sub-adult/adult over
10 years.
Entrainment: 27,000 larvae per year,
which is equivalent to 2 age-1
equivalents per year.
Impingement: 5 young of the year
(YOY)/sub-adults per year.
Total: 1 sub-adult/adult, 270,000
larvae, and 50 YOY/sub-adults over 10
years.
Shortnose Sturgeon
Impingement: 5 YOY/sub-adults per
year.
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]]>Agencies
[Federal Register Volume 85, Number 135 (Tuesday, July 14, 2020)]
[Notices]
[Pages 42357-42359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15105]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA238]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys Offshore of Massachusetts, Rhode Island, Connecticut, and New
York
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Vineyard Wind, LLC (Vineyard
Wind) for the re-issuance of a previously issued incidental harassment
authorization (IHA) with the only change being effective dates. The
initial IHA authorized take of 14 species of marine mammals, by Level B
harassment, incidental to incidental to marine site characterization
survey activities off the coast of Massachusetts in the areas of the
Commercial Lease of Submerged Lands for Renewable Energy Development on
the Outer Continental Shelf (OCS-A 0501 and OCS-A 0522) and along
potential submarine cable routes to a landfall location in
Massachusetts, Rhode Island, Connecticut, and New York. The project has
been delayed and none of the work covered in the initial IHA has been
conducted. The initial IHA was effective from June 1, 2020 through May
31, 2021. Due to delays, Vineyard Wind has requested re-issuance with
new effective dates of June 21, 2020 through June 20, 2021. The scope
of the activities and anticipated effects remain the same, authorized
take numbers are not changed, and the required mitigation, monitoring,
and reporting remains the same as included in the initial IHA. NMFS is,
therefore, issuing a second identical IHA to cover the incidental take
analyzed and authorized in the initial IHA.
DATES: This authorization is effective from June 21, 2020, through June
2020, 2021.
ADDRESSES: An electronic copy of the final 2020 IHA previously issued
to Vineyard Wind, Vineyard Wind's application, and the Federal Register
notices proposing and issuing the initial IHA may be obtained by
visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-vineyard-wind-llc-marine-site-characterization-surveys.
In case of problems accessing these documents, please call the contact
listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Rob Pauline, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 authorization is provided to the
public for review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine
[[Page 42358]]
mammal or marine mammal stock in the wild (Level A harassment); or (ii)
has the potential to disturb a marine mammal or marine mammal stock in
the wild by causing disruption of behavioral patterns, including, but
not limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On May 6, 2020 NMFS published final notice of our issuance of an
IHA for the take of small numbers of marine mammals incidental to site
characterization surveys with effective dates of June 1, 2020 through
May 31, 2021 (85 FR26962). On May 27, 2020 Vineyard Wind requested that
the effective dates of the IHA be revised to June 21, 2020 through June
20, 2021 due to operational delays. With up to 365 vessel days planned
for survey activities, Vineyard Wind wants to be most efficient with
the one-year duration of the IHA. The re-issued IHA would be identical
to the previously issued IHA. Therefore, re-issuance of the IHA is
appropriate
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
The purpose of Vineyard Wind's marine site characterization surveys
is to obtain a baseline assessment of seabed/sub-surface soil
conditions in the Lease Area and cable route corridors to support the
siting of potential future offshore wind projects. Underwater sound
resulting from Vineyard Wind's proposed site characterization surveys,
including the use of high-resolution geophysical (HRG) equipment, are
expected to produce sound in the marine environment that may result in
the behavioral harassment of marine mammals. The location, timing, and
nature of the activities, including the types of equipment planned for
use, are within scope of those described in the initial IHA. The
mitigation and monitoring are also as prescribed in the initial IHA.
Fourteen marine mammal species are expected to be taken by Level B
harassment. A description of the methods and inputs used to estimate
take anticipated to occur and, ultimately, the take that was authorized
is found in the previous documents referenced above. The data inputs
and methods of estimating take are identical to those used in the
initial IHA. NMFS has reviewed recent Stock Assessment Reports,
information on relevant Unusual Mortality Events, and recent scientific
literature, and determined that no new information affects our original
analysis of impacts or take estimate under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2020 IHA for Vineyard Wind's site characterization survey work
(85 FR 26962), Vineyard Wind's application, the Federal Register notice
of the proposed IHA (85 FR 7952), and all associated references and
documents.
Determinations
Vineyard Wind will conduct activities as analyzed in the initial
2020 IHA. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHA and no new information
has emerged that would change those findings. The re-issued 2020 IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial IHA, and there is no new information suggesting
that our analysis or findings should change.
Based on the information 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; and (4) Vineyard
Wind'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.
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.
Accordingly, NMFS has determined that the issuance of the IHA
qualifies to be categorically excluded from further NEPA review. This
action is consistent with categories of activities identified in CE B4
of the Companion Manual for NOAA Administrative Order 216-6A, which do
not individually or cumulatively have the potential for significant
impacts on the quality of the human environment and for which we have
not identified any extraordinary circumstances that would preclude this
categorical exclusion.
Endangered Species Act (ESA)
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 Permits and Conservation
Division is authorizing the incidental take of four species of marine
mammals which are listed under the ESA: The North Atlantic right, fin,
sei and sperm whale. We requested initiation of consultation under
Section 7 of the ESA with NMFS GARFO on February 12, 2020, for the
issuance of this IHA. BOEM consulted with NMFS GARFO under section 7 of
the ESA 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. The NMFS GARFO
issued a Biological Opinion concluding that these activities may
adversely affect but are not likely to jeopardize the continued
existence of the North Atlantic right, fin, sei and sperm whale. Upon
request from the NMFS Office of Protected Resources, NMFS GARFO issued
an amended incidental take statement associated with this Biological
Opinion to include the take of the ESA-listed marine mammal species
authorized through this IHA in April, 2020.
Authorization
NMFS has issued an IHA to Vineyard Wind for marine site
characterization surveys associated with the specified activity from
June 21, 2020, through June 20, 2021. All previously described
mitigation, monitoring, and reporting requirements from the initial
2020 IHA are incorporated.
[[Page 42359]]
Dated: July 8, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-15105 Filed 7-13-20; 8:45 am]
BILLING CODE 3510-22-P
