Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off of Coastal Virginia, 71881-71886 [2020-25034]
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Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices
harassment authorization (IHA) that was
issued on August 28, 2020. This initial
IHA allowed Dominion to take nine
species of marine mammals, by Level B
harassment, incidental to marine site
characterization surveys conducted in
the areas of the Commercial Lease of
Submerged Lands for Renewable Energy
Development on the Outer Continental
Shelf (OCS) Offshore Virginia (Lease No.
OCS–A–0483) as well as in coastal
waters where an export cable corridor
will be established in support of the
Coastal Virginia Offshore Wind
Commercial (CVOW Commercial)
Project. Dominion was recording take of
Atlantic spotted dolphin (Stenella
frontalis) by Level B harassment at a rate
that would exceed the authorized limit
on this species and therefore, NMFS is
proposing to modify the IHA to increase
authorized take by Level B harassment
of spotted dolphin. The mitigation,
monitoring, and reporting measures
remain the same as prescribed in the
initial IHA and no additional take was
requested for other species. NMFS will
consider public comments on the
requested modification prior to making
any final decision and agency responses
will be summarized in the final notice
of our decision.
DATES: Comments and information must
be received no later than November 27,
2020.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Sheleen Dumas,
Permits and Conservation Division,
Department PRA Clearance Officer, Office of
Office of Protected Resources, National
the Chief Information Officer, Commerce
Marine Fisheries Service. Written
Department.
comments should be submitted via
[FR Doc. 2020–25041 Filed 11–10–20; 8:45 am]
email to ITP.pauline@noaa.gov.
Instructions: NMFS is not responsible
BILLING CODE 3510–22–P
for comments sent by any other method,
to any other address or individual, or
DEPARTMENT OF COMMERCE
received after the end of the comment
period. Comments, including all
National Oceanic and Atmospheric
attachments, must not exceed a 25Administration
megabyte file size. Attachments to
comments will be accepted in Microsoft
[RTID 0648–XA605]
Word or Excel or Adobe PDF file
Takes of Marine Mammals Incidental to formats only. All comments received are
Specified Activities; Taking Marine
a part of the public record and will
Mammals Incidental to Marine Site
generally be posted online at https://
Characterization Surveys Off of
www.fisheries.noaa.gov/permit/
Coastal Virginia
incidental-take-authorizations-undermarine-mammal-protection-act without
AGENCY: National Marine Fisheries
change. All personal identifying
Service (NMFS), National Oceanic and
information (e.g., name, address)
Atmospheric Administration (NOAA),
voluntarily submitted by the commenter
Commerce.
may be publicly accessible. Do not
ACTION: Notice; modification of an
submit confidential business
incidental harassment authorization;
information or otherwise sensitive or
request for comments.
protected information.
SUMMARY: NMFS received a request from FOR FURTHER INFORMATION CONTACT:
Dominion Energy Virginia (Dominion)
Robert Pauline, Office of Protected
on September 29, 2020, for a
Resources, NMFS, (301) 427–8401.
modification to the incidental
Electronic copies of the original
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fishing reports are due at the end of
each month in which no fishing occurs,
and annual expenditure reports are
submitted annually.
Respondent’s Obligation: Mandatory.
Legal Authority: Under the provisions
of the Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.), the National Marine
Fisheries Service (NMFS) is responsible
for management of the Nation’s marine
fisheries. NMFS must also promulgate
regulations, as necessary and
appropriate, to carry out obligations the
United States (U.S.) undertakes
internationally regarding tuna
management through the Atlantic Tunas
Convention Act (ATCA, 16 U.S.C. 971 et
seq.).
This information collection request
may be viewed at reginfo.gov. Follow
the instructions to view Department of
Commerce collections currently under
review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0371.
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application 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: https://
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
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 may be
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 in shorthand as
‘‘mitigation’’); and requirements
pertaining to the mitigation, monitoring
and reporting of such takings are set
forth.
History of Request
On February 7, 2020, NMFS received
a request from Dominion for an IHA to
take marine mammals incidental to
marine site characterization surveys in
the areas of the Commercial Lease of
Submerged Lands for Renewable Energy
Development on the OCS Offshore
Virginia (Lease No. OCS–A–0483) as
well as in coastal waters where an
export cable corridor will be established
in support of the offshore wind project.
Dominion’s planned marine site
characterization surveys include high-
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Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices
resolution geophysical (HRG) and
geotechnical survey activities.
Geophysical and shallow geotechnical
survey activities are anticipated to be
supported by up to four vessels. The
vessels will transit a combined
estimated total of 121.54 kilometers
(km) of survey lines per day.
Dominion’s request was for incidental
take of a small number of nine marine
mammal species by Level B harassment
only. The application was deemed
adequate and complete on May 12,
2020. We published a notice of
proposed IHA and request for comments
in the Federal Register on June 17, 2020
(85 FR 36562). We subsequently
published the final notice of our
issuance of the IHA in the Federal
Register on September 8, 2020 (85 FR
55415), with effective dates from August
28, 2020, to August 27, 2021. The
specified activities were expected to
result in the take by Level B harassment
of 9 species (10 stocks) of marine
mammals including bottlenose dolphin
(Tursiops truncatus), pilot whale
(Globicephala spp.), common dolphin
(Delphinus delphis), Atlantic white
sided dolphin (Lagenorhynchus acutus),
Atlantic spotted dolphin (Stenella
frontalis), Risso’s dolphin (Grampus
griseus), harbor porpoise (Phocoena
phocoena), harbor seal (Phoca vitulina),
and gray seal (Halichoerus grypus),
On September 29, 2020, NMFS
received a request from Dominion for a
modification to the IHA that was issued
on August 28, 2020 (85 FR 55415;
September 8, 2020). Since the issuance
of the initial IHA, Dominion has been
recording large pods of Atlantic spotted
dolphin within the Level B harassment
zone such that they were approaching
the authorized take limit for this
species. Dominion felt that without an
increase in authorized take of spotted
dolphins they would be forced to
repeatedly shut down whenever animals
entered into specified Level B
harassment zones. This would likely
prolong the duration of survey and add
increased costs to the project. Therefore,
Dominion is requesting, and NMFS is
proposing to modify the IHA to increase
authorized take of spotted dolphin by
Level B harassment. The mitigation,
monitoring, and reporting measures
remain the same as prescribed in the
initial IHA and no additional take is
requested or proposed for species other
than spotted dolphin. Moreover, the
IHA would still expire on August 27,
2021.
Description of the Proposed Activity
and Anticipated Impacts
The modified IHA would include the
same HRG and geotechnical surveys in
the same locations that were described
in the initial IHA. The mitigation,
monitoring, and reporting measures
remain the same as prescribed in the
initial IHA. NMFS refers the reader to
the documents related to the initial IHA
issued on August 28, 2020, for more
detailed description of the project
activities. These previous documents
include the notice of proposed IHA and
request for comments (85 FR 36562;
June 17, 2020) and notice of our
issuance of the IHA in the Federal
Register (85 FR 55415; September 8,
2020).
Detailed Description of the Action
A detailed description of the survey
activities is found in these previous
documents. The location, timing, and
nature of the activities, including the
types of HRG equipment planned for
use, daily trackline distances and
number of survey vessels (four) are
identical to those described in the
previous notices.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities is found in
these previous documents, which
remains applicable to this modified IHA
as well. In addition, NMFS has
reviewed recent draft 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 under the initial
IHA.
Potential Effects of Specified Activities
on Marine Mammals and Their Habitat
A description of the potential effects
of the specified activities on marine
mammals and their habitat may be
found in the documents supporting the
initial IHA, which remains applicable to
the issuance of this modified IHA. There
is no new information on potential
effects.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the notice
of IHA for the initial authorization (85
FR 55415; September 8, 2020). 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. The
proposed number of authorized takes is
also identical with the exception of
spotted dolphin.
During the one month period from the
effective date of the initial IHA (August
28, 2020) through September 29, 2020,
a total of 19 spotted dolphins had been
observed within the Level B harassment
zone distances and recorded as takes.
This was largely due to a single pod of
15 dolphins sighted in the zone.
Another 24 dolphins were observed
over three survey days but they were not
located in the Level B harassment zone.
Prior to the issuance of the initial IHA,
Dominion operated only during daylight
hours under a Letter of Concurrence
(LoC) issued by NMFS. As such,
Dominion committed to shutting down
whenever a marine mammal
approached or entered a Level B
harassment zone in order to avoid all
incidental take. In the weeks prior to the
issuance of the initial IHA, Dominion
had observed pods containing up to 17
individuals in the Level B harassment
zone. However, these pods were not
recorded as incidental takes since
mitigation measures were employed,
i.e., the acoustic source was shut down
and the animals were not exposed to
source levels associated with
harassment. The estimated take in the
initial IHA was based on the best
available density data from Roberts et
al. (2016, 2017, 2018), however, the
multiple occurrences of the large pod in
the vicinity of the survey was
unexpected and not reflected in the take
estimate. Table 1 shows spotted dolphin
detection events when Dominion was
operating under both the LoC (before
August 28, 2020) as well as the initial
IHA (on or after August 28, 2020).
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TABLE 1—ATLANTIC SPOTTED DOLPHIN OBSERVATIONS DURING DOMINION ENERGY HRG SURVEY ACTIVITIES
Vessel name
Date of detection
Sarah Bordelon ............................................................................................
Marcelle Bordelon ........................................................................................
Marcelle Bordelon ........................................................................................
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Number of animals
observed in the group
9/16/2020
9/9/2020
9/7/2020
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15
4
6
12NON1
Level B takes
accumulated
15
4
................................
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TABLE 1—ATLANTIC SPOTTED DOLPHIN OBSERVATIONS DURING DOMINION ENERGY HRG SURVEY ACTIVITIES—
Continued
Vessel name
Date of detection
Sarah Bordelon ............................................................................................
Sarah Bordelon ............................................................................................
Marcelle Bordelon ........................................................................................
Sarah Bordelon ............................................................................................
Given that large pods of spotted
dolphin were recorded on multiple
occasions, Dominion became concerned
that the authorized number of takes by
Level B harassment would be exceeded,
necessitating the frequent shutdown of
HRG survey equipment to avoid
additional take of this species. On
October 3, 2020, Dominion reached the
authorized take amount for spotted
dolphins. Since that time, they have
been shutting down whenever spotted
dolphins are sighted approaching or
entering the harassment zone. Dominion
Number of animals
observed in the group
9/4/2020
9/4/2020
8/23/2020
8/17/2020
now requests that NMFS authorize
additional take of this species to
conservatively allow 20 authorized
takes per day. NMFS concurs that this
take amount is reasonable in case
observed dolphin pods are larger than
what has been recorded to date. While
NMFS does not expect that larger
spotted dolphin pods would occur every
day, it cannot be ruled out. With
approximately 120 survey days
remaining, NMFS is proposing to
increase authorized spotted dolphin
take by Level B harassment from 27 to
7
11
5
17
Level B takes
accumulated
................................
................................
................................
................................
2,427 ((20 animals/day * 120 survey
days) + initial 27 authorized takes). This
represents 4.38 percent of the western
North Atlantic stock of spotted dolphin.
Take by Level A harassment was not
requested, nor does NMFS anticipate it.
NMFS did not authorize Level A
harassment in the initial IHA and is not
proposing to do so in this modified IHA.
The total numbers of incidental takes
by Level B harassment, including
proposed updated spotted dolphin
takes, and as a percentage of population,
is shown in Table 2 below.
TABLE 2—TOTAL NUMBERS OF AUTHORIZED TAKES BY LEVEL B HARASSMENT AND AS A PERCENTAGE OF POPULATION
Totals
Species
Take authorization
(No.)
Short-finned pilot whale ...........................................................................................................................
Bottlenose dolphin (Offshore) ..................................................................................................................
Bottlenose dolphin (Southern Migratory Coastal) ...................................................................................
Common dolphin ......................................................................................................................................
Atlantic white-sided dolphin .....................................................................................................................
Spotted dolphin (adjusted) .......................................................................................................................
Risso’s dolphin .........................................................................................................................................
Harbor porpoise .......................................................................................................................................
Harbor seal 2 ............................................................................................................................................
Gray Seal 2 ...............................................................................................................................................
12
511
224
68
44
2,427
6
39
35
Instances of take
as percentage of
population 1
0.06
0.81
6.5
0.08
0.12
4.38
0.08
0.09
0.02
0.06
1 Calculations of percentage of stock taken are based on the best available abundance estimate as shown in Table 2 in Federal Register final
notice of issuance of the IHA (85 FR 55415; September 8, 2020). In most cases the best available abundance estimate is provided by Roberts et
al. (2016, 2017, 2018), when available, to maintain consistency with density estimates derived from Roberts et al. (2016, 2017, 2018. For
bottlenose dolphins, Roberts et al. (2016, 2017, 2018) provides only a single abundance estimate and does not provide abundance estimates at
the stock or species level (respectively), so abundance estimates used to estimate percentage of stock taken for bottlenose dolphins are derived
from NMFS SARs (Hayes et al. 2019).
2 Pinniped density values reported as ‘‘seals’’ and not species-specific.
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Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures described here are
identical to those included in the
Federal Register notice announcing the
initial IHA and the discussion of the
least practicable adverse impact
included in that document remains
accurate (85 FR 55415; September 8,
2020).
Establishment of Exclusion Zones
(EZs)—Marine mammal EZs must be
established around the HRG survey
equipment and monitored by protected
species observers (PSOs) during HRG
surveys as follows:
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• 500-m EZ is required for North
Atlantic right whales;
• During use of the GeoMarine Dual
400 Sparker 800J, a 100-m EZ is
required for all other marine mammals
except delphinid(s) from the genera
Delphinus, Lagenorhynchus, Stenella or
Tursiops and seals; and
• When only the Triple Plate Boomer
1000J is in use, a 25-m EZ is required
for all other marine mammals except
delphinid(s) from the genera Delphinus,
Lagenorhynchus, Stenella or Tursiops
and seals; 200-m buffer zone is required
for all marine mammals except those
species otherwise excluded (i.e., North
Atlantic right whale).
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If a marine mammal is detected
approaching or entering the EZs during
the survey, the vessel operator must
adhere to the shutdown procedures
described below. In addition to the EZs
described above, PSOs must visually
monitor a 200-m buffer zone for the
purposes of pre-clearance. During use of
acoustic sources with the potential to
result in marine mammal harassment
(i.e., anytime the acoustic source is
active, including ramp-up), occurrences
of marine mammals within the
monitoring zone (but outside the EZs)
must be communicated to the vessel
operator to prepare for potential
shutdown of the acoustic source. The
buffer zone is not applicable when the
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EZ is greater than 100 m. PSOs are also
required to observe a 500-m monitoring
zone and record the presence of all
marine mammals within this zone.
Visual Monitoring—Monitoring must
be conducted by qualified protected
PSOs who are trained biologists, with
minimum qualifications described in
the Federal Register notice of the
issuance of the initial IHA (85 FR 55415;
September 8, 2020). Dominion must
have one PSO on duty during the day
and has committed that a minimum of
two NMFS-approved PSOs must be on
duty and conducting visual observations
when HRG equipment is in use at night.
Visual monitoring must begin no less
than 30 minutes prior to ramp-up of
HRG equipment and continue until 30
minutes after use of the acoustic source.
PSOs must establish and monitor the
applicable EZs, Buffer Zone and
Monitoring Zone as described above.
PSOs must coordinate to ensure 360°
visual coverage around the vessel from
the most appropriate observation posts,
and must conduct observations while
free from distractions and in a
consistent, systematic, and diligent
manner. PSOs are required to estimate
distances to observed marine mammals.
It is the responsibility of the Lead PSO
on duty to communicate the presence of
marine mammals as well as to
communicate action(s) that are
necessary to ensure mitigation and
monitoring requirements are
implemented as appropriate.
Pre-Clearance of the Exclusion
Zones—Prior to initiating HRG survey
activities, Dominion must implement a
30-minute pre-clearance period. During
pre-clearance monitoring (i.e., before
ramp-up of HRG equipment begins), the
Buffer Zone also acts as an extension of
the 100-m EZ in that observations of
marine mammals within the 200-m
Buffer Zone would also preclude HRG
operations from beginning. During this
period, PSOs must ensure that no
marine mammals are observed within
200 m of the survey equipment (500 m
in the case of North Atlantic right
whales). HRG equipment must not start
up until this 200-m zone (or, 500-m
zone in the case of North Atlantic right
whales) is clear of marine mammals for
at least 30 minutes. The vessel operator
must notify a designated PSO of the
proposed start of HRG survey
equipment as agreed upon with the lead
PSO; the notification time must not be
less than 30 minutes prior to the
planned initiation of HRG equipment in
order to allow the PSOs time to monitor
the EZs and Buffer Zone for the 30
minutes of pre-clearance.
If a marine mammal is observed
within the relevant EZs or Buffer Zone
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during the pre-clearance period,
initiation of HRG survey equipment
must not begin until the animal(s) has
been observed exiting the respective EZ
or Buffer Zone, or, until an additional
time period has elapsed with no further
sighting (i.e., minimum 15 minutes for
porpoises, and 30 minutes for all other
species). The pre-clearance requirement
includes small delphinoids. PSOs must
also continue to monitor the zone for 30
minutes after survey equipment is shut
down or survey activity has concluded.
Ramp-Up of Survey Equipment—
When technically feasible, a ramp-up
procedure must be used for geophysical
survey equipment capable of adjusting
energy levels at the start or re-start of
survey activities. The ramp-up
procedure must 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 detect the presence of
the survey and vacate the area prior to
the commencement of survey
equipment operation at full power.
Ramp-up of the survey equipment must
not begin until the relevant EZs and
Buffer Zone has been cleared by the
PSOs, as described above. HRG
equipment must be initiated at their
lowest power output and would be
incrementally increased to full power. If
any marine mammals are detected
within the EZs or Buffer Zone prior to
or during ramp-up, the HRG equipment
must be shut down (as described
below).
Shutdown Procedures—If an HRG
source is active and a marine mammal
is observed within or entering a relevant
EZ (as described above) an immediate
shutdown of the HRG survey equipment
is required. When shutdown is called
for by a PSO, the acoustic source must
be immediately deactivated and any
dispute resolved only following
deactivation. Any PSO on duty has the
authority to delay the start of survey
operations or to call for shutdown of the
acoustic source if a marine mammal is
detected within the applicable EZ. The
vessel operator must establish and
maintain clear lines of communication
directly between PSOs on duty and
crew controlling the HRG source(s) to
ensure that shutdown commands are
conveyed swiftly while allowing PSOs
to maintain watch. Subsequent restart of
the HRG equipment must only occur
after the marine mammal has either
been observed exiting the relevant EZ,
or, until an additional time period has
elapsed with no further sighting of the
animal within the relevant EZ.
Upon implementation of shutdown,
the HRG source may be reactivated after
the marine mammal that triggered the
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shutdown has been observed exiting the
applicable EZ (i.e., the animal is not
required to fully exit the Buffer Zone
where applicable) or, following a
clearance period of 15 minutes for small
odontocetes and seals and 30 minutes
for all other species with no further
observation of the marine mammal(s)
within the relevant EZ. If the HRG
equipment shuts down for brief periods
(i.e., less than 30 minutes) for reasons
other than mitigation (e.g., mechanical
or electronic failure) the equipment may
be re-activated as soon as is practicable
at full operational level, without 30
minutes of pre-clearance, only if PSOs
have maintained constant visual
observation during the shutdown and
no visual detections of marine mammals
occurred within the applicable EZs and
Buffer Zone during that time. For a
shutdown of 30 minutes or longer, or if
visual observation was not continued
diligently during the pause, preclearance observation is required, as
described above.
The shutdown requirement is waived
for certain genera of small delphinids
(i.e., Delphinus, Lagenorhynchus,
Stenella (which includes Atlantic
spotted dolphins), or Tursiops) under
certain circumstances. If a delphinid(s)
from these genera is visually detected
within the EZ shutdown would not be
required. If there is uncertainty
regarding identification of a marine
mammal species (i.e., whether the
observed marine mammal(s) belongs to
one of the delphinid genera for which
shutdown is waived), PSOs must use
best professional judgment in making
the decision to call for a shutdown.
If a species for which authorization
has not been granted, or a species for
which authorization has been granted
but the authorized number of takes have
been met, approaches or is observed
within the area encompassing the Level
B harassment isopleth (100 m or 25 m),
shutdown must occur.
Vessel Strike Avoidance—Dominion
must comply with vessel strike
avoidance measures as described in the
Federal Register notice of the issuance
of the initial IHA (85 FR 55415;
September 8, 2020).
Seasonal Operating Requirements—
Dominion will conduct HRG survey
activities in the vicinity of the North
Atlantic right whale Mid-Atlantic
seasonal management area (SMA) near
Norfolk and the mouth of the
Chesapeake Bay. Activities conducted
prior to May 1 must comply with the
seasonal mandatory speed restriction
period for this SMA (November 1
through April 30) for any survey work
or transit within this area.
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Throughout all phases of the survey
activities, Dominion must monitor
NOAA Fisheries North Atlantic right
whale reporting systems for the
establishment of a dynamic
management area (DMA). If NMFS
establishes a DMA in the Lease Area or
cable route corridor being surveyed,
within 24 hours of the establishment of
the DMA, Dominion is required to work
with NMFS to shut down and/or alter
activities to avoid the DMA.
Training—Project-specific training is
required for all vessel crew prior to the
start of survey activities. Confirmation
of the training and understanding of the
requirements must 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 activities.
Reporting—PSOs must record specific
information on the sighting forms as
described in the Federal Register notice
of the issuance of the initial IHA (85 FR
55415; September 8, 2020). Within 90
days after completion of survey
activities, Dominion must provide
NMFS with a monitoring report which
includes summaries of recorded takes
and estimates of the number of marine
mammals that may have been harassed.
In the event of a ship strike or
discovery of an injured or dead marine
mammal, Dominion must report the
incident to the Office of Protected
Resources, NMFS and to the New
England/Mid-Atlantic Regional
Stranding Coordinator as soon as
feasible. The report must include the
information listed in the Federal
Register notice of the issuance of the
initial IHA (85 FR 55415; September 8,
2020).
Based on our evaluation of the
applicant’s measures in consideration of
the increased estimated take for spotted
dolphins, NMFS has re-affirmed the
determination that the required
mitigation measures provide the means
effecting the least practicable impact on
spotted dolphins and their habitat.
Preliminary Determinations
Dominion’s HRG survey activities and
the mitigation, monitoring, and
reporting requirements are unchanged
from those covered in the initial IHA.
The effects of the activity, taking into
consideration the mitigation and related
monitoring measures, remain
unchanged from those stated in the
initial IHA, notwithstanding the
increase to the authorized amount of
spotted dolphin take. Specifically, the
Level B harassment authorized for
spotted dolphins is expected to be of
lower severity, predominantly in the
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17:07 Nov 10, 2020
Jkt 253001
form of avoidance of the sound source
and potential occasional interruption of
foraging. With approximately 120
survey days remaining, NMFS is
proposing to increase authorized
spotted dolphin take by Level B
harassment to 2,427. Even in
consideration of the increased estimated
numbers of take by Level B harassment,
the impacts of these lower severity
exposures are not expected to accrue to
the degree that the fitness of any
individuals is impacted, and, therefore
no impacts on annual rates of
recruitment or survival will result.
Further, and separately, the proposed
take amount of spotted dolphin would
be of small numbers of spotted dolphins
relative to the population size (less than
5 percent), as take that is less than one
third of the species or stock abundance
is considered by NMFS to be small
numbers. In conclusion, there is no new
information suggesting that our effects
analysis or negligible impact finding for
Atlantic spotted dolphins should
change.
Based on the information contained
here and in the referenced documents,
NMFS has preliminarily reaffirmed the
following: (1) The required mitigation
measures will effect the least practicable
impact on marine mammal species or
stocks and their habitat; (2) the
proposed authorized takes will have a
negligible impact on the affected marine
mammal species or stocks; (3) the
proposed authorized takes represent
small numbers of marine mammals
relative to the affected stock
abundances; (4) Dominion’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 (ESA)
No incidental take of ESA-listed
species is authorized or expected to
result from this activity. Therefore,
NMFS has determined that formal
consultation under section 7 of the ESA
is not required for 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 (i.e., the modification
of an IHA) with respect to potential
impacts on the human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (IHAs with no
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
71885
anticipated serious injury or mortality)
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. Accordingly, NMFS has
preliminarily determined that the
issuance of the modified IHA qualifies
to be categorically excluded from
further NEPA review.
We will review all comments
submitted in response to this notice
prior to concluding our NEPA process
or making a final decision on the IHA
request.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to
modify the IHA to Dominion for
conducting marine site characterization
surveys in the areas of the Commercial
Lease of Submerged Lands for
Renewable Energy Development on the
Outer Continental Shelf Offshore
Virginia (Lease No. OCS–A–0483) as
well as in coastal waters where an
export cable corridor will be established
in support of the CVOW Commercial
Project effective until August 27, 2021.
The only change is an increase in the
authorized take of Atlantic spotted
dolphins from 27 to 2,427. A draft of the
proposed modified IHA can be found at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable.
Request for Public Comments
We request comment on our proposed
modification of the IHA for Dominion’s
marine site characterization surveys. We
also request comment on the potential
for renewal of this modified IHA as
described in the paragraph below.
Please include with your comments any
supporting data or literature citations to
help inform our final decision on the
request for MMPA authorization or
subsequent Renewal IHA.
On a case-by-case basis, NMFS may
issue a one-time, one-year Renewal IHA
following notice to the public providing
an additional 15 days for public
comments when (1) up to another year
of identical or nearly identical, or nearly
identical, activities as described in the
Description of the Proposed Activity
and Anticipated Impacts section of this
notice is planned or (2) the activities as
described in the Description of the
Proposed Activity and Anticipated
Impacts section of this notice would not
be completed by the time the IHA
E:\FR\FM\12NON1.SGM
12NON1
71886
Federal Register / Vol. 85, No. 219 / Thursday, November 12, 2020 / Notices
expires and a Renewal would allow for
completion of the activities beyond
those described previously in this
notice, provided all of the following
conditions are met:
• A request for renewal is received no
later than 60 days prior to the needed
Renewal IHA effective date (recognizing
that the Renewal IHA expiration date
cannot extend beyond one year from
expiration of the initial IHA).
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted under the requested
Renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take).
(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
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: November 6, 2020.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2020–25034 Filed 11–10–20; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
jbell on DSKJLSW7X2PROD with NOTICES
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Gulf of Alaska Catcher
Vessel and Processor Trawl (CVPT)
Economic Data Report (EDR)
The Department of Commerce will
submit the following information
collection request to the Office of
Management and Budget (OMB) for
review and clearance in accordance
with the Paperwork Reduction Act of
1995, on or after the date of publication
VerDate Sep<11>2014
17:07 Nov 10, 2020
Jkt 253001
of this notice. We invite the general
public and other Federal agencies to
comment on proposed, and continuing
information collections, which helps us
assess the impact of our information
collection requirements and minimize
the public’s reporting burden. Public
comments were previously requested
via the Federal Register on July 23,
2020 (85 FR 44523), during a 60-day
comment period. This notice allows for
an additional 30 days for public
comments.
Agency: National Oceanic and
Atmospheric Administration (NOAA).
Title: Gulf of Alaska Catcher Vessel
and Processor Trawl (CVPT) Economic
Data Report (EDR).
OMB Control Number: 0648–0700.
Form Number(s): None.
Type of Request: Regular submission
(extension of a current information
collection).
Number of Respondents: 117.
Average Hours per Response: Annual
Trawl Catcher Vessel EDR, 15 hours;
Annual Shoreside Processor EDR, 15
hours.
Total Annual Burden Hours: 1,755
hours.
Needs and Uses: The National Marine
Fisheries Services (NMFS), Alaska
Regional Office, is requesting extension
of the currently approved information
collection for the Annual Trawl Catcher
Vessel Economic Data Report (EDR) and
the Annual Shoreside Processor EDR.
The EDRs collect economic data on
the information for the Gulf of Alaska
Trawl Groundfish Economic Data
Report Program (GOA Trawl EDR
Program). The Gulf of Alaska Trawl
Groundfish Economic Data Report
Program evaluates the economic effects
of current and future groundfish
management measures for Gulf of
Alaska (GOA) trawl fisheries. This
program provides NMFS and the North
Pacific Fishery Management Council
with baseline information on affected
harvesters, crew, processors, and
communities in the GOA. Data collected
through the EDRs include labor
information, revenues received, capital
and operational expenses, and other
operational or financial data. NMFS and
the Council use this information to
assess the impacts of major changes in
the groundfish management regime,
including catch share program
implementation.
The Trawl Catcher Vessel EDR is
submitted annually by owners or
leaseholders of catcher vessels that
harvest groundfish using trawl gear from
the GOA or parallel fisheries. This EDR
focuses on vessel identifiers,
employment data, and variable cost data
(associated with fuel usage and gear
PO 00000
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Fmt 4703
Sfmt 4703
purchases). The Shoreside Processor
EDR is submitted annually by owners or
leaseholders of shoreside processors or
stationary floating processors that
receive deliveries from vessels that
harvest groundfish using trawl gear from
the GOA or parallel fisheries. This EDR
focuses on employment and labor costs
and for processors located in Kodiak,
utility consumption and cost.
Requirements for the EDRS are
located at 50 CFR 679.110.
Affected Public: Individuals or
households; Business or other for-profit
organizations; Not-for-profit
institutions.
Frequency: Annually.
Respondent’s Obligation: Mandatory.
Legal Authority: Magnuson-Stevens
Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
This information collection request
may be viewed at www.reginfo.gov.
Follow the instructions to view the
Department of Commerce collections
currently under review by OMB.
Written comments and
recommendations for the proposed
information collection should be
submitted within 30 days of the
publication of this notice on the
following website www.reginfo.gov/
public/do/PRAMain. Find this
particular information collection by
selecting ‘‘Currently under 30-day
Review—Open for Public Comments’’ or
by using the search function and
entering either the title of the collection
or the OMB Control Number 0648–0700.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Chief Information Officer, Commerce
Department.
[FR Doc. 2020–25040 Filed 11–10–20; 8:45 am]
BILLING CODE 3510–22–P
BUREAU OF CONSUMER FINANCIAL
PROTECTION
[Docket No. CFPB–2020–0035]
Agency Information Collection
Activities: Comment Request
Bureau of Consumer Financial
Protection.
ACTION: Notice and request for comment.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995
(PRA), the Bureau of Consumer
Financial Protection (Bureau) is
publishing this notice seeking comment
on a Generic Information Collection
titled, ‘‘Payday Loan Disclosure
Testing’’ under the Generic Information
Collection Plan entitled, ‘‘Generic
Information Collection Plan for the
SUMMARY:
E:\FR\FM\12NON1.SGM
12NON1
]]>Agencies
[Federal Register Volume 85, Number 219 (Thursday, November 12, 2020)]
[Notices]
[Pages 71881-71886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25034]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA605]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys Off of Coastal Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; modification of an incidental harassment authorization;
request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Dominion Energy Virginia
(Dominion) on September 29, 2020, for a modification to the incidental
harassment authorization (IHA) that was issued on August 28, 2020. This
initial IHA allowed Dominion to take nine species of marine mammals, by
Level B harassment, incidental to marine site characterization surveys
conducted in the areas of the Commercial Lease of Submerged Lands for
Renewable Energy Development on the Outer Continental Shelf (OCS)
Offshore Virginia (Lease No. OCS-A-0483) as well as in coastal waters
where an export cable corridor will be established in support of the
Coastal Virginia Offshore Wind Commercial (CVOW Commercial) Project.
Dominion was recording take of Atlantic spotted dolphin (Stenella
frontalis) by Level B harassment at a rate that would exceed the
authorized limit on this species and therefore, NMFS is proposing to
modify the IHA to increase authorized take by Level B harassment of
spotted dolphin. The mitigation, monitoring, and reporting measures
remain the same as prescribed in the initial IHA and no additional take
was requested for other species. NMFS will consider public comments on
the requested modification prior to making any final decision and
agency responses will be summarized in the final notice of our
decision.
DATES: Comments and information must be received no later than November
27, 2020.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written comments should be submitted
via email 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, including all attachments, must
not exceed a 25-megabyte file size. Attachments to 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 https://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: Robert Pauline, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application 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: https://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 may be 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 in shorthand as
``mitigation''); and requirements pertaining to the mitigation,
monitoring and reporting of such takings are set forth.
History of Request
On February 7, 2020, NMFS received a request from Dominion for an
IHA to take marine mammals incidental to marine site characterization
surveys in the areas of the Commercial Lease of Submerged Lands for
Renewable Energy Development on the OCS Offshore Virginia (Lease No.
OCS-A-0483) as well as in coastal waters where an export cable corridor
will be established in support of the offshore wind project. Dominion's
planned marine site characterization surveys include high-
[[Page 71882]]
resolution geophysical (HRG) and geotechnical survey activities.
Geophysical and shallow geotechnical survey activities are anticipated
to be supported by up to four vessels. The vessels will transit a
combined estimated total of 121.54 kilometers (km) of survey lines per
day. Dominion's request was for incidental take of a small number of
nine marine mammal species by Level B harassment only. The application
was deemed adequate and complete on May 12, 2020. We published a notice
of proposed IHA and request for comments in the Federal Register on
June 17, 2020 (85 FR 36562). We subsequently published the final notice
of our issuance of the IHA in the Federal Register on September 8, 2020
(85 FR 55415), with effective dates from August 28, 2020, to August 27,
2021. The specified activities were expected to result in the take by
Level B harassment of 9 species (10 stocks) of marine mammals including
bottlenose dolphin (Tursiops truncatus), pilot whale (Globicephala
spp.), common dolphin (Delphinus delphis), Atlantic white sided dolphin
(Lagenorhynchus acutus), Atlantic spotted dolphin (Stenella frontalis),
Risso's dolphin (Grampus griseus), harbor porpoise (Phocoena phocoena),
harbor seal (Phoca vitulina), and gray seal (Halichoerus grypus),
On September 29, 2020, NMFS received a request from Dominion for a
modification to the IHA that was issued on August 28, 2020 (85 FR
55415; September 8, 2020). Since the issuance of the initial IHA,
Dominion has been recording large pods of Atlantic spotted dolphin
within the Level B harassment zone such that they were approaching the
authorized take limit for this species. Dominion felt that without an
increase in authorized take of spotted dolphins they would be forced to
repeatedly shut down whenever animals entered into specified Level B
harassment zones. This would likely prolong the duration of survey and
add increased costs to the project. Therefore, Dominion is requesting,
and NMFS is proposing to modify the IHA to increase authorized take of
spotted dolphin by Level B harassment. The mitigation, monitoring, and
reporting measures remain the same as prescribed in the initial IHA and
no additional take is requested or proposed for species other than
spotted dolphin. Moreover, the IHA would still expire on August 27,
2021.
Description of the Proposed Activity and Anticipated Impacts
The modified IHA would include the same HRG and geotechnical
surveys in the same locations that were described in the initial IHA.
The mitigation, monitoring, and reporting measures remain the same as
prescribed in the initial IHA. NMFS refers the reader to the documents
related to the initial IHA issued on August 28, 2020, for more detailed
description of the project activities. These previous documents include
the notice of proposed IHA and request for comments (85 FR 36562; June
17, 2020) and notice of our issuance of the IHA in the Federal Register
(85 FR 55415; September 8, 2020).
Detailed Description of the Action
A detailed description of the survey activities is found in these
previous documents. The location, timing, and nature of the activities,
including the types of HRG equipment planned for use, daily trackline
distances and number of survey vessels (four) are identical to those
described in the previous notices.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
is found in these previous documents, which remains applicable to this
modified IHA as well. In addition, NMFS has reviewed recent draft 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 under the initial
IHA.
Potential Effects of Specified Activities on Marine Mammals and Their
Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat may be found in the documents
supporting the initial IHA, which remains applicable to the issuance of
this modified IHA. There is no new information on potential effects.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the notice of IHA for the
initial authorization (85 FR 55415; September 8, 2020). 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. The proposed number of authorized takes is also
identical with the exception of spotted dolphin.
During the one month period from the effective date of the initial
IHA (August 28, 2020) through September 29, 2020, a total of 19 spotted
dolphins had been observed within the Level B harassment zone distances
and recorded as takes. This was largely due to a single pod of 15
dolphins sighted in the zone. Another 24 dolphins were observed over
three survey days but they were not located in the Level B harassment
zone. Prior to the issuance of the initial IHA, Dominion operated only
during daylight hours under a Letter of Concurrence (LoC) issued by
NMFS. As such, Dominion committed to shutting down whenever a marine
mammal approached or entered a Level B harassment zone in order to
avoid all incidental take. In the weeks prior to the issuance of the
initial IHA, Dominion had observed pods containing up to 17 individuals
in the Level B harassment zone. However, these pods were not recorded
as incidental takes since mitigation measures were employed, i.e., the
acoustic source was shut down and the animals were not exposed to
source levels associated with harassment. The estimated take in the
initial IHA was based on the best available density data from Roberts
et al. (2016, 2017, 2018), however, the multiple occurrences of the
large pod in the vicinity of the survey was unexpected and not
reflected in the take estimate. Table 1 shows spotted dolphin detection
events when Dominion was operating under both the LoC (before August
28, 2020) as well as the initial IHA (on or after August 28, 2020).
Table 1--Atlantic Spotted Dolphin Observations During Dominion Energy HRG Survey Activities
----------------------------------------------------------------------------------------------------------------
Number of animals Level B takes
Vessel name Date of detection observed in the group accumulated
----------------------------------------------------------------------------------------------------------------
Sarah Bordelon................................. 9/16/2020 15 15
Marcelle Bordelon.............................. 9/9/2020 4 4
Marcelle Bordelon.............................. 9/7/2020 6 ..................
[[Page 71883]]
Sarah Bordelon................................. 9/4/2020 7 ..................
Sarah Bordelon................................. 9/4/2020 11 ..................
Marcelle Bordelon.............................. 8/23/2020 5 ..................
Sarah Bordelon................................. 8/17/2020 17 ..................
----------------------------------------------------------------------------------------------------------------
Given that large pods of spotted dolphin were recorded on multiple
occasions, Dominion became concerned that the authorized number of
takes by Level B harassment would be exceeded, necessitating the
frequent shutdown of HRG survey equipment to avoid additional take of
this species. On October 3, 2020, Dominion reached the authorized take
amount for spotted dolphins. Since that time, they have been shutting
down whenever spotted dolphins are sighted approaching or entering the
harassment zone. Dominion now requests that NMFS authorize additional
take of this species to conservatively allow 20 authorized takes per
day. NMFS concurs that this take amount is reasonable in case observed
dolphin pods are larger than what has been recorded to date. While NMFS
does not expect that larger spotted dolphin pods would occur every day,
it cannot be ruled out. With approximately 120 survey days remaining,
NMFS is proposing to increase authorized spotted dolphin take by Level
B harassment from 27 to 2,427 ((20 animals/day * 120 survey days) +
initial 27 authorized takes). This represents 4.38 percent of the
western North Atlantic stock of spotted dolphin. Take by Level A
harassment was not requested, nor does NMFS anticipate it. NMFS did not
authorize Level A harassment in the initial IHA and is not proposing to
do so in this modified IHA.
The total numbers of incidental takes by Level B harassment,
including proposed updated spotted dolphin takes, and as a percentage
of population, is shown in Table 2 below.
Table 2--Total Numbers of Authorized Takes by Level B Harassment and as
a Percentage of Population
------------------------------------------------------------------------
Totals
---------------------------------------
Species Instances of take
Take authorization as percentage of
(No.) population \1\
------------------------------------------------------------------------
Short-finned pilot whale........ 12 0.06
Bottlenose dolphin (Offshore)... 511 0.81
Bottlenose dolphin (Southern 224 6.5
Migratory Coastal).............
Common dolphin.................. 68 0.08
Atlantic white-sided dolphin.... 44 0.12
Spotted dolphin (adjusted)...... 2,427 4.38
Risso's dolphin................. 6 0.08
Harbor porpoise................. 39 0.09
Harbor seal \2\................. 35 0.02
Gray Seal \2\................... 0.06
------------------------------------------------------------------------
\1\ Calculations of percentage of stock taken are based on the best
available abundance estimate as shown in Table 2 in Federal Register
final notice of issuance of the IHA (85 FR 55415; September 8, 2020).
In most cases the best available abundance estimate is provided by
Roberts et al. (2016, 2017, 2018), when available, to maintain
consistency with density estimates derived from Roberts et al. (2016,
2017, 2018. For bottlenose dolphins, Roberts et al. (2016, 2017, 2018)
provides only a single abundance estimate and does not provide
abundance estimates at the stock or species level (respectively), so
abundance estimates used to estimate percentage of stock taken for
bottlenose dolphins are derived from NMFS SARs (Hayes et al. 2019).
\2\ Pinniped density values reported as ``seals'' and not species-
specific.
Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures described here
are identical to those included in the Federal Register notice
announcing the initial IHA and the discussion of the least practicable
adverse impact included in that document remains accurate (85 FR 55415;
September 8, 2020).
Establishment of Exclusion Zones (EZs)--Marine mammal EZs must be
established around the HRG survey equipment and monitored by protected
species observers (PSOs) during HRG surveys as follows:
500-m EZ is required for North Atlantic right whales;
During use of the GeoMarine Dual 400 Sparker 800J, a 100-m
EZ is required for all other marine mammals except delphinid(s) from
the genera Delphinus, Lagenorhynchus, Stenella or Tursiops and seals;
and
When only the Triple Plate Boomer 1000J is in use, a 25-m
EZ is required for all other marine mammals except delphinid(s) from
the genera Delphinus, Lagenorhynchus, Stenella or Tursiops and seals;
200-m buffer zone is required for all marine mammals except those
species otherwise excluded (i.e., North Atlantic right whale).
If a marine mammal is detected approaching or entering the EZs
during the survey, the vessel operator must adhere to the shutdown
procedures described below. In addition to the EZs described above,
PSOs must visually monitor a 200-m buffer zone for the purposes of pre-
clearance. During use of acoustic sources with the potential to result
in marine mammal harassment (i.e., anytime the acoustic source is
active, including ramp-up), occurrences of marine mammals within the
monitoring zone (but outside the EZs) must be communicated to the
vessel operator to prepare for potential shutdown of the acoustic
source. The buffer zone is not applicable when the
[[Page 71884]]
EZ is greater than 100 m. PSOs are also required to observe a 500-m
monitoring zone and record the presence of all marine mammals within
this zone.
Visual Monitoring--Monitoring must be conducted by qualified
protected PSOs who are trained biologists, with minimum qualifications
described in the Federal Register notice of the issuance of the initial
IHA (85 FR 55415; September 8, 2020). Dominion must have one PSO on
duty during the day and has committed that a minimum of two NMFS-
approved PSOs must be on duty and conducting visual observations when
HRG equipment is in use at night. Visual monitoring must begin no less
than 30 minutes prior to ramp-up of HRG equipment and continue until 30
minutes after use of the acoustic source. PSOs must establish and
monitor the applicable EZs, Buffer Zone and Monitoring Zone as
described above. PSOs must coordinate to ensure 360[deg] visual
coverage around the vessel from the most appropriate observation posts,
and must conduct observations while free from distractions and in a
consistent, systematic, and diligent manner. PSOs are required to
estimate distances to observed marine mammals. It is the responsibility
of the Lead PSO on duty to communicate the presence of marine mammals
as well as to communicate action(s) that are necessary to ensure
mitigation and monitoring requirements are implemented as appropriate.
Pre-Clearance of the Exclusion Zones--Prior to initiating HRG
survey activities, Dominion must implement a 30-minute pre-clearance
period. During pre-clearance monitoring (i.e., before ramp-up of HRG
equipment begins), the Buffer Zone also acts as an extension of the
100-m EZ in that observations of marine mammals within the 200-m Buffer
Zone would also preclude HRG operations from beginning. During this
period, PSOs must ensure that no marine mammals are observed within 200
m of the survey equipment (500 m in the case of North Atlantic right
whales). HRG equipment must not start up until this 200-m zone (or,
500-m zone in the case of North Atlantic right whales) is clear of
marine mammals for at least 30 minutes. The vessel operator must notify
a designated PSO of the proposed start of HRG survey equipment as
agreed upon with the lead PSO; the notification time must not be less
than 30 minutes prior to the planned initiation of HRG equipment in
order to allow the PSOs time to monitor the EZs and Buffer Zone for the
30 minutes of pre-clearance.
If a marine mammal is observed within the relevant EZs or Buffer
Zone during the pre-clearance period, initiation of HRG survey
equipment must not begin until the animal(s) has been observed exiting
the respective EZ or Buffer Zone, or, until an additional time period
has elapsed with no further sighting (i.e., minimum 15 minutes for
porpoises, and 30 minutes for all other species). The pre-clearance
requirement includes small delphinoids. PSOs must also continue to
monitor the zone for 30 minutes after survey equipment is shut down or
survey activity has concluded.
Ramp-Up of Survey Equipment--When technically feasible, a ramp-up
procedure must be used for geophysical survey equipment capable of
adjusting energy levels at the start or re-start of survey activities.
The ramp-up procedure must 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 detect the presence of the
survey and vacate the area prior to the commencement of survey
equipment operation at full power. Ramp-up of the survey equipment must
not begin until the relevant EZs and Buffer Zone has been cleared by
the PSOs, as described above. HRG equipment must be initiated at their
lowest power output and would be incrementally increased to full power.
If any marine mammals are detected within the EZs or Buffer Zone prior
to or during ramp-up, the HRG equipment must be shut down (as described
below).
Shutdown Procedures--If an HRG source is active and a marine mammal
is observed within or entering a relevant EZ (as described above) an
immediate shutdown of the HRG survey equipment is required. When
shutdown is called for by a PSO, the acoustic source must be
immediately deactivated and any dispute resolved only following
deactivation. Any PSO on duty has the authority to delay the start of
survey operations or to call for shutdown of the acoustic source if a
marine mammal is detected within the applicable EZ. The vessel operator
must establish and maintain clear lines of communication directly
between PSOs on duty and crew controlling the HRG source(s) to ensure
that shutdown commands are conveyed swiftly while allowing PSOs to
maintain watch. Subsequent restart of the HRG equipment must only occur
after the marine mammal has either been observed exiting the relevant
EZ, or, until an additional time period has elapsed with no further
sighting of the animal within the relevant EZ.
Upon implementation of shutdown, the HRG source may be reactivated
after the marine mammal that triggered the shutdown has been observed
exiting the applicable EZ (i.e., the animal is not required to fully
exit the Buffer Zone where applicable) or, following a clearance period
of 15 minutes for small odontocetes and seals and 30 minutes for all
other species with no further observation of the marine mammal(s)
within the relevant EZ. If the HRG equipment shuts down for brief
periods (i.e., less than 30 minutes) for reasons other than mitigation
(e.g., mechanical or electronic failure) the equipment may be re-
activated as soon as is practicable at full operational level, without
30 minutes of pre-clearance, only if PSOs have maintained constant
visual observation during the shutdown and no visual detections of
marine mammals occurred within the applicable EZs and Buffer Zone
during that time. For a shutdown of 30 minutes or longer, or if visual
observation was not continued diligently during the pause, pre-
clearance observation is required, as described above.
The shutdown requirement is waived for certain genera of small
delphinids (i.e., Delphinus, Lagenorhynchus, Stenella (which includes
Atlantic spotted dolphins), or Tursiops) under certain circumstances.
If a delphinid(s) from these genera is visually detected within the EZ
shutdown would not be required. If there is uncertainty regarding
identification of a marine mammal species (i.e., whether the observed
marine mammal(s) belongs to one of the delphinid genera for which
shutdown is waived), PSOs must use best professional judgment in making
the decision to call for a shutdown.
If a species for which authorization has not been granted, or a
species for which authorization has been granted but the authorized
number of takes have been met, approaches or is observed within the
area encompassing the Level B harassment isopleth (100 m or 25 m),
shutdown must occur.
Vessel Strike Avoidance--Dominion must comply with vessel strike
avoidance measures as described in the Federal Register notice of the
issuance of the initial IHA (85 FR 55415; September 8, 2020).
Seasonal Operating Requirements--Dominion will conduct HRG survey
activities in the vicinity of the North Atlantic right whale Mid-
Atlantic seasonal management area (SMA) near Norfolk and the mouth of
the Chesapeake Bay. Activities conducted prior to May 1 must comply
with the seasonal mandatory speed restriction period for this SMA
(November 1 through April 30) for any survey work or transit within
this area.
[[Page 71885]]
Throughout all phases of the survey activities, Dominion must
monitor NOAA Fisheries North Atlantic right whale reporting systems for
the establishment of a dynamic management area (DMA). If NMFS
establishes a DMA in the Lease Area or cable route corridor being
surveyed, within 24 hours of the establishment of the DMA, Dominion is
required to work with NMFS to shut down and/or alter activities to
avoid the DMA.
Training--Project-specific training is required for all vessel crew
prior to the start of survey activities. Confirmation of the training
and understanding of the requirements must 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 activities.
Reporting--PSOs must record specific information on the sighting
forms as described in the Federal Register notice of the issuance of
the initial IHA (85 FR 55415; September 8, 2020). Within 90 days after
completion of survey activities, Dominion must provide NMFS with a
monitoring report which includes summaries of recorded takes and
estimates of the number of marine mammals that may have been harassed.
In the event of a ship strike or discovery of an injured or dead
marine mammal, Dominion must report the incident to the Office of
Protected Resources, NMFS and to the New England/Mid-Atlantic Regional
Stranding Coordinator as soon as feasible. The report must include the
information listed in the Federal Register notice of the issuance of
the initial IHA (85 FR 55415; September 8, 2020).
Based on our evaluation of the applicant's measures in
consideration of the increased estimated take for spotted dolphins,
NMFS has re-affirmed the determination that the required mitigation
measures provide the means effecting the least practicable impact on
spotted dolphins and their habitat.
Preliminary Determinations
Dominion's HRG survey activities and the mitigation, monitoring,
and reporting requirements are unchanged from those covered in the
initial IHA. The effects of the activity, taking into consideration the
mitigation and related monitoring measures, remain unchanged from those
stated in the initial IHA, notwithstanding the increase to the
authorized amount of spotted dolphin take. Specifically, the Level B
harassment authorized for spotted dolphins is expected to be of lower
severity, predominantly in the form of avoidance of the sound source
and potential occasional interruption of foraging. With approximately
120 survey days remaining, NMFS is proposing to increase authorized
spotted dolphin take by Level B harassment to 2,427. Even in
consideration of the increased estimated numbers of take by Level B
harassment, the impacts of these lower severity exposures are not
expected to accrue to the degree that the fitness of any individuals is
impacted, and, therefore no impacts on annual rates of recruitment or
survival will result. Further, and separately, the proposed take amount
of spotted dolphin would be of small numbers of spotted dolphins
relative to the population size (less than 5 percent), as take that is
less than one third of the species or stock abundance is considered by
NMFS to be small numbers. In conclusion, there is no new information
suggesting that our effects analysis or negligible impact finding for
Atlantic spotted dolphins should change.
Based on the information contained here and in the referenced
documents, NMFS has preliminarily reaffirmed the following: (1) The
required mitigation measures will effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the proposed
authorized takes will have a negligible impact on the affected marine
mammal species or stocks; (3) the proposed authorized takes represent
small numbers of marine mammals relative to the affected stock
abundances; (4) Dominion'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 (ESA)
No incidental take of ESA-listed species is authorized or expected
to result from this activity. Therefore, NMFS has determined that
formal consultation under section 7 of the ESA is not required for 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 (i.e., the modification of an IHA)
with respect to potential impacts on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (IHAs with no anticipated serious injury or
mortality) 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. Accordingly, NMFS has
preliminarily determined that the issuance of the modified IHA
qualifies to be categorically excluded from further NEPA review.
We will review all comments submitted in response to this notice
prior to concluding our NEPA process or making a final decision on the
IHA request.
Proposed Authorization
As a result of these preliminary determinations, NMFS proposes to
modify the IHA to Dominion for conducting marine site characterization
surveys in the areas of the Commercial Lease of Submerged Lands for
Renewable Energy Development on the Outer Continental Shelf Offshore
Virginia (Lease No. OCS-A-0483) as well as in coastal waters where an
export cable corridor will be established in support of the CVOW
Commercial Project effective until August 27, 2021. The only change is
an increase in the authorized take of Atlantic spotted dolphins from 27
to 2,427. A draft of the proposed modified IHA can be found at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.
Request for Public Comments
We request comment on our proposed modification of the IHA for
Dominion's marine site characterization surveys. We also request
comment on the potential for renewal of this modified IHA as described
in the paragraph below. Please include with your comments any
supporting data or literature citations to help inform our final
decision on the request for MMPA authorization or subsequent Renewal
IHA.
On a case-by-case basis, NMFS may issue a one-time, one-year
Renewal IHA following notice to the public providing an additional 15
days for public comments when (1) up to another year of identical or
nearly identical, or nearly identical, activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice is planned or (2) the activities as described in the
Description of the Proposed Activity and Anticipated Impacts section of
this notice would not be completed by the time the IHA
[[Page 71886]]
expires and a Renewal would allow for completion of the activities
beyond those described previously in this notice, provided all of the
following conditions are met:
A request for renewal is received no later than 60 days
prior to the needed Renewal IHA effective date (recognizing that the
Renewal IHA expiration date cannot extend beyond one year from
expiration of the initial IHA).
The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested Renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take).
(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 will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: November 6, 2020.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2020-25034 Filed 11-10-20; 8:45 am]
BILLING CODE 3510-22-P
