Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off of Coastal Virginia, 13695-13700 [2021-04905]
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Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Notices
order on large vertical shaft engines
from China.1 In the Amended Final and
Order, Commerce misidentified January
4, 2021, as the date of expiration of the
provisional measures period. The
correct date of expiration of the
provisional measures period is February
15, 2021.
We are hereby correcting the
Amended Final and Order to reflect the
correct date of expiration of the
provisional measures period of February
15, 2021. Commerce intends to instruct
CBP to terminate the suspension of
liquidation and to liquidate, without
regard to antidumping duties,
unliquidated entries of large vertical
shaft engines from China entered, or
withdrawn from warehouse, for
consumption after February 15, 2021,
the final day on which the provisional
measures were in effect, until and
through the day preceding the date of
publication of the International Trade
Commission’s final affirmative injury
determination in the Federal Register.
This notice serves as a correction and
is published in accordance with section
777(i) of the Tariff Act of 1930, as
amended.
issued on August 28, 2020 and
subsequently modified and issued on
December 11, 2020. The initial IHA as
now modified 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. Dominion has recently been
recording take of common dolphin
(Delphinus Delphis) by Level B
harassment at a rate that would exceed
their authorized take limit. Therefore,
NMFS is proposing to modify the IHA
to increase authorized take by Level B
harassment of common 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.
Dated: March 4, 2021.
DATES: Comments and information must
Christian Marsh,
be received no later than March 25,
Acting Assistant Secretary for Enforcement
2021.
and Compliance.
[FR Doc. 2021–04994 Filed 3–9–21; 8:45 am]
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
BILLING CODE 3510–DS–P
Permits and Conservation Division,
Office of Protected Resources, National
DEPARTMENT OF COMMERCE
Marine Fisheries Service. Written
comments should be submitted via
National Oceanic and Atmospheric
email to ITP.pauline@noaa.gov.
Administration
Instructions: NMFS is not responsible
for comments sent by any other method,
[RTID 0648–XA899]
to any other address or individual, or
Takes of Marine Mammals Incidental
received after the end of the comment
To Specified Activities; Taking Marine
period. Comments, including all
Mammals Incidental to Marine Site
attachments, must not exceed a 25Characterization Surveys Off of
megabyte file size. Attachments to
Coastal Virginia
comments will be accepted in Microsoft
Word or Excel or Adobe PDF file
AGENCY: National Marine Fisheries
formats only. All comments received are
Service (NMFS), National Oceanic and
a part of the public record and will
Atmospheric Administration (NOAA),
generally be posted online at https://
Commerce.
www.fisheries.noaa.gov/permit/
ACTION: Notice; proposed modification
incidental-take-authorizations-underof an incidental harassment
marine-mammal-protection-act without
authorization; request for comments.
change. All personal identifying
SUMMARY: NMFS received a request from information (e.g., name, address)
voluntarily submitted by the commenter
Dominion Energy Virginia (Dominion)
may be publicly accessible. Do not
on February 5, 2021, for a modification
submit confidential business
to the incidental harassment
information or otherwise sensitive or
authorization (IHA) that was initially
protected information.
1 See Certain Large Vertical Shaft Engines
FOR FURTHER INFORMATION CONTACT:
Between 225cc and 999cc, and Parts Thereof, from
Robert Pauline, Office of Protected
the People’s Republic of China: Amended Final
Resources, NMFS, (301) 427–8401.
Antidumping Duty Determination and
Electronic copies of the original
Antidumping Duty Order, 86 FR 12623 (March 4,
2021) (Amended Final and Order).
application and supporting documents
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(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 includes highresolution geophysical (HRG) survey
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activities. 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. NMFS
authorized 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 had 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. Therefore, NMFS published a
notice of proposed IHA modification
that included a 15-day public comment
period (85 FR 71881; November 12,
2020). NMFS subsequently issued a
modified IHA to Dominion that
increased authorized take of spotted
dolphin by Level B harassment (85 FR
81879; December 12, 2020). The
mitigation, monitoring, and reporting
measures remain the same as prescribed
in the initial IHA. The expiration date
of the IHA remained the same (August
27, 2021) as in the initial IHA.
On February 5, 2021, NMFS received
a subsequent request from Dominion for
a modification to the IHA that had
previously been modified and issued
(85 FR 81879; December 12, 2020).
Dominion informed NMFS that they
were recording take of common dolphin
(Delphinus Delphis) by Level B
harassment at a rate that would exceed
the authorized limit for this species.
Therefore, NMFS is proposing to again
modify the IHA to increase authorized
take by Level B harassment of common
dolphin. The mitigation, monitoring,
and reporting measures remain the same
as prescribed in the initial IHA and
recently issued modified IHA. No
additional take was requested for other
species.
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Description of the Proposed Activity
and Anticipated Impacts
is no new information on potential
effects.
The modified IHA as proposed would
include the same HRG surveys in the
same locations that were described in
the initial IHA and recently modified
IHA. The mitigation, monitoring, and
reporting measures remain the same.
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). Additional information may be
found in the notice of issuance of the
recently modified IHA (85 FR 81879;
December 12, 2020).
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). Revised
estimated take numbers of spotted
dolphin may be found in the previously
issued modified IHA (85 FR 81879;
December 12, 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 initial and recently modified IHA.
The proposed number of authorized
takes is identical to those found in the
recently modified IHA with the
exception of spotted dolphin.
NMFS had authorized 68 takes of
common dolphin by Level B harassment
in the initial IHA (85 FR 55415;
September 8, 2020) and recently
modified IHA (85 FR 81879; December
12, 2020). Since January 17, 2021,
Dominion has recorded a total of 65
common dolphins within the Level B
harassment zone. Sighting events have
ranged from a single dolphin to a group
of up to 42 individuals. It appears that
the sudden increase in Level B take for
common dolphins is due to the animals’
approach to the vessel for both bow
riding and swimming alongside. The
duration of these events has varied from
several minutes to many hours. Their
behavior may be due to curiosity and
perhaps an enhanced feeding
opportunity provided (after dusk) by the
lighted vessels. The increase in common
dolphins appears to be seasonal, with
most (62) of the Level B harassment
takes occurring between January 17 and
January 27, 2021, as well as three
additional takes recorded in February.
There was no observed take of common
dolphin during the preceding phases of
the survey in the summer and fall of
2020. Dominion has directed vessels to
shut-down at night, during periods of
low visibility, or whenever common
dolphins are sighted to avoid further
accumulation of take. The need for
frequent, lengthy shut-downs has the
potential to severely impact the overall
project schedule. That would result in
the need for additional survey days on
the water as well as increased cost and
risks associated with extending the
project schedule.
Dominion observed common dolphins
over eight operational survey days as
shown in Table 1. Note that many of
these animals were sighted outside of
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 (4) 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 proposed
modified IHA as well. In addition,
NMFS has reviewed recent draft Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
recent scientific literature. Note that in
the 2020 Draft U.S. Atlantic and Gulf of
Mexico Draft Marine Mammal Stock
Assessment Report (https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-stock-assessment-reports) the
abundance of the Western North
Atlantic stock of common dolphin has
increased slightly from 172,825 to
172,974 while the Annual Mortality/
Serious Injury value has decreased
slightly from 419 to 399. NMFS has
determined that this information does
not affect our analysis of impacts under
the initial IHA and recently modified
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 and recently modified IHA. There
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the Level B harassment zone and,
therefore, were not recorded as takes.
The 62 takes over eight days averages
out to just under eight takes per day.
Given this information Dominion has
conservatively requested the take of one
pod of 10 animals every day for the
remaining 60 survey days. NMFS
concurs and is proposing 600 additional
takes of common dolphin by Level B
harassment beyond the 68 takes
authorized in the initial IHA and
recently modified IHA. The expiration
date of the IHA would remain
unchanged as August 27, 2021.
TABLE 1—COMMON DOLPHIN DETECTION EVENTS DURING DOMINION ENERGY HRG SURVEY ACTIVITIES
Vessel name
R/V
R/V
R/V
R/V
R/V
R/V
R/V
R/V
Minerva
Minerva
Minerva
Minerva
Minerva
Minerva
Minerva
Minerva
Number of
common dolphin
detection events
Number of
events that
resulted in Level
B harassment
takes
2
4
4
3
4
2
3
2
0
2
0
1
2
2
1
0
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
.....................................................
The total number of incidental takes
by Level B harassment, including
proposed modified common dolphin
takes, are shown in Table 2. The
proposed take represents 0.39 percent of
Total number
of Level B
harassment
takes
Min pod size
0
14
0
10
15
19
4
0
the western North Atlantic stock of
common dolphin. Take by Level A
harassment was not requested, nor does
NMFS anticipate it. NMFS did not
authorize Level A harassment in the
Max pod size
7
6
6
1
4
7
1
4
15
12
12
10
10
42
6
15
initial or recently modified IHA and is
not proposing to do so as part of this
proposed modification.
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 (proposed adjusted) ....................................................................................
Atlantic white-sided dolphin .....................................................................................................
Spotted dolphin ........................................................................................................................
Risso’s dolphin .........................................................................................................................
Harbor porpoise .......................................................................................................................
Harbor seal 2 ............................................................................................................................
Gray Seal 2 ...............................................................................................................................
12
511
224
668
44
2,427
6
39
35
........................................
Instances of take
as percentage of
population 1
0.06
0.81
6.5
0.39
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.
Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures described here are
identical to those included in the
Federal Register notices announcing the
issuance of the initial IHA (85 FR 55415;
September 8, 2020) and the recently
modified IHA (85 FR 81879; December
12, 2020) as well as the discussions of
the least practicable adverse impact
included in those documents remain
accurate.
Establishment of Exclusion Zones
(EZs)—Marine mammal EZs must be
established around the HRG survey
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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;
• 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
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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
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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
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) and the recently
modified IHA (85 FR 81879; December
12, 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 meters (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, 500m 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
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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
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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, preclearance observation is required, as
described above.
The shutdown requirement is waived
for certain genera of small delphinids
(i.e., Delphinus, Lagenorhynchus,
Stenella, 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 notices of the issuance
of initial IHA (85 FR 55415; September
8, 2020) and recently modified IHA (85
FR 81879; December 12, 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
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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.
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.
Reporting—PSOs must record specific
information on the sighting forms as
described in the Federal Register
notices of the issuance of the initial IHA
(85 FR 55415; September 8, 2020) and
the recently modified IHA (85 FR 81879;
December 12, 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 OPR, 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 notices of the issuance of the
initial IHA (85 FR 55415; September 8,
2020) and the recently modified IHA (85
FR 81879; December 12, 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
common dolphin take. Specifically, the
Level B harassment authorized for
VerDate Sep<11>2014
17:22 Mar 09, 2021
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common 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 60 survey
days remaining, NMFS is proposing to
increase authorized spotted dolphin
take by Level B harassment to 668 from
68. 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 common
dolphin still would be of small numbers
of spotted dolphins relative to the
population size (less than one 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
common 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; and (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
PO 00000
Frm 00014
Fmt 4703
Sfmt 4703
13699
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 by Level B harassment
of common dolphins from 68 to 668. A
draft of the proposed modified IHA can
be found at https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-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 Proposed Activities and
Anticipated Impacts section of this
notice is planned or (2) the activities as
described in the Description of
Proposed Activities and Anticipated
E:\FR\FM\10MRN1.SGM
10MRN1
13700
Federal Register / Vol. 86, No. 45 / Wednesday, March 10, 2021 / Notices
Impacts section of this notice would not
be completed by the time the IHA
expires and a Renewal would allow for
completion of the activities beyond that
described in the Dates and Duration
section of 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); and
(2) A preliminary monitoring report
showing the results of the required
monitoring to date and an explanation
showing that the monitoring results do
not indicate impacts of a scale or nature
not previously analyzed or authorized.
Upon review of the request for
Renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: March 4, 2021.
Donna S. Wieting,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2021–04905 Filed 3–9–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA857]
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
AGENCY:
VerDate Sep<11>2014
17:22 Mar 09, 2021
Jkt 253001
The Assistant Regional
Administrator for Sustainable Fisheries,
Greater Atlantic Region, NMFS, has
made a preliminary determination that
an Exempted Fishing Permit application
contains all of the required information
and warrants further consideration. The
Exempted Fishing Permit would allow
commercial fishing vessels to fish
outside of scallop regulations in support
of funding research under the Scallop
Research Set-Aside Program by
conducting compensation fishing.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed Exempted
Fishing Permits.
DATES: Comments must be received on
or before March 25, 2021.
ADDRESSES: You may submit written
comments by email to nmfs.gar.efp@
noaa.gov. Include in the subject line
‘‘ME DMR Compensation Fishing EFP.’’
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fisheries Management
Specialist, 978–282–8456.
SUPPLEMENTARY INFORMATION: Maine
Department of Marine Resources (ME
DMR) submitted a complete application
for an Exempted Fishing Permit (EFP)
on December 23, 2020, requesting an
exemption for vessels with Federal
Northern Gulf of Maine (NGOM)
permits fishing under their 2020 Scallop
Research Set-Aside (RSA) Letters of
Authorization to fish their allocation
outside of the NGOM management area.
Under the Scallop RSA program,
projects are awarded a set amount of
pounds of scallops for vessels to harvest
that pays for the research component of
the project. Compensation fishing under
the Scallop RSA Program is not
restricted to the NGOM management
area; however, vessels with a NGOM
scallop permit are restricted to only
fishing for and possessing scallops
within this area.
ME DMR needs this exemption in
order to provide vessels the most
flexibility to harvest all of the pounds it
was allocated under the Scallop RSA
Program. Allowing the exemption
would not create additional fishing
pressure in other areas because it is
already assumed that vessels
participating in compensation fishing
have access to any areas that are
allowed under Framework Adjustment
32 to the Atlantic Sea Scallop Fishery
Management Plan. This EFP would be
valid through the 2020 Scallop RSA
compensation fishing season and must
be used in conjunction with a valid
compensation fishing Letter of
SUMMARY:
PO 00000
Frm 00015
Fmt 4703
Sfmt 4703
Authorization. All compensation fishing
trips would otherwise be consistent
with normal compensation fishing
activity and catch would be retained for
sale.
If approved, the applicant may
request minor modifications and
extensions to the EFP throughout the
year. EFP modifications and extensions
may be granted without further notice if
they are deemed essential to facilitate
completion of the proposed research
and have minimal impacts that do not
change the scope or impact of the
initially approved EFP request. Any
fishing activity conducted outside the
scope of the exempted fishing activity
would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: March 4, 2021.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2021–04908 Filed 3–9–21; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XA919]
Marine Mammals and Endangered
Species
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of permits and
permit amendments.
AGENCY:
Notice is hereby given that
permits and permit amendments have
been issued to the following entities
under the Marine Mammal Protection
Act (MMPA) and the Endangered
Species Act (ESA), as applicable.
ADDRESSES: The permits and related
documents are available for review
upon written request via email to
NMFS.Pr1Comments@noaa.gov.
FOR FURTHER INFORMATION CONTACT:
Shasta McClenahan, Ph.D. (Permit Nos.
19257–01 and 20341–01), Carrie Hubard
(Permit No. 23078), Jennifer Skidmore
(Permit No. 23447), Sara Young (Permit
Nos. 23554 and 23858), Malcolm
Mohead (Permit Nos. 24016 and 24020),
and Jordan Rutland (Permit No. 25417)
at (301) 427–8401.
SUPPLEMENTARY INFORMATION: Notices
were published in the Federal Register
on the dates listed below that requests
for a permit or permit amendment had
been submitted by the below-named
applicants. To locate the Federal
SUMMARY:
E:\FR\FM\10MRN1.SGM
10MRN1
]]>Agencies
[Federal Register Volume 86, Number 45 (Wednesday, March 10, 2021)]
[Notices]
[Pages 13695-13700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-04905]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XA899]
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; proposed modification of an incidental harassment
authorization; request for comments.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Dominion Energy Virginia
(Dominion) on February 5, 2021, for a modification to the incidental
harassment authorization (IHA) that was initially issued on August 28,
2020 and subsequently modified and issued on December 11, 2020. The
initial IHA as now modified 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. Dominion has recently been recording take of common
dolphin (Delphinus Delphis) by Level B harassment at a rate that would
exceed their authorized take limit. Therefore, NMFS is proposing to
modify the IHA to increase authorized take by Level B harassment of
common 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 March
25, 2021.
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 includes high-resolution
geophysical (HRG) survey
[[Page 13696]]
activities. 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. NMFS authorized 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 had 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. Therefore, NMFS published a
notice of proposed IHA modification that included a 15-day public
comment period (85 FR 71881; November 12, 2020). NMFS subsequently
issued a modified IHA to Dominion that increased authorized take of
spotted dolphin by Level B harassment (85 FR 81879; December 12, 2020).
The mitigation, monitoring, and reporting measures remain the same as
prescribed in the initial IHA. The expiration date of the IHA remained
the same (August 27, 2021) as in the initial IHA.
On February 5, 2021, NMFS received a subsequent request from
Dominion for a modification to the IHA that had previously been
modified and issued (85 FR 81879; December 12, 2020). Dominion informed
NMFS that they were recording take of common dolphin (Delphinus
Delphis) by Level B harassment at a rate that would exceed the
authorized limit for this species. Therefore, NMFS is proposing to
again modify the IHA to increase authorized take by Level B harassment
of common dolphin. The mitigation, monitoring, and reporting measures
remain the same as prescribed in the initial IHA and recently issued
modified IHA. No additional take was requested for other species.
Description of the Proposed Activity and Anticipated Impacts
The modified IHA as proposed would include the same HRG surveys in
the same locations that were described in the initial IHA and recently
modified IHA. The mitigation, monitoring, and reporting measures remain
the same. 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). Additional information may be found in the notice
of issuance of the recently modified IHA (85 FR 81879; December 12,
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 (4) 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
proposed modified IHA as well. In addition, NMFS has reviewed recent
draft Stock Assessment Reports, information on relevant Unusual
Mortality Events, and recent scientific literature. Note that in the
2020 Draft U.S. Atlantic and Gulf of Mexico Draft Marine Mammal Stock
Assessment Report (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports) the abundance
of the Western North Atlantic stock of common dolphin has increased
slightly from 172,825 to 172,974 while the Annual Mortality/Serious
Injury value has decreased slightly from 419 to 399. NMFS has
determined that this information does not affect our analysis of
impacts under the initial IHA and recently modified 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 and recently 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). Revised
estimated take numbers of spotted dolphin may be found in the
previously issued modified IHA (85 FR 81879; December 12, 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 initial and recently modified IHA. The proposed number of
authorized takes is identical to those found in the recently modified
IHA with the exception of spotted dolphin.
NMFS had authorized 68 takes of common dolphin by Level B
harassment in the initial IHA (85 FR 55415; September 8, 2020) and
recently modified IHA (85 FR 81879; December 12, 2020). Since January
17, 2021, Dominion has recorded a total of 65 common dolphins within
the Level B harassment zone. Sighting events have ranged from a single
dolphin to a group of up to 42 individuals. It appears that the sudden
increase in Level B take for common dolphins is due to the animals'
approach to the vessel for both bow riding and swimming alongside. The
duration of these events has varied from several minutes to many hours.
Their behavior may be due to curiosity and perhaps an enhanced feeding
opportunity provided (after dusk) by the lighted vessels. The increase
in common dolphins appears to be seasonal, with most (62) of the Level
B harassment takes occurring between January 17 and January 27, 2021,
as well as three additional takes recorded in February. There was no
observed take of common dolphin during the preceding phases of the
survey in the summer and fall of 2020. Dominion has directed vessels to
shut-down at night, during periods of low visibility, or whenever
common dolphins are sighted to avoid further accumulation of take. The
need for frequent, lengthy shut-downs has the potential to severely
impact the overall project schedule. That would result in the need for
additional survey days on the water as well as increased cost and risks
associated with extending the project schedule.
Dominion observed common dolphins over eight operational survey
days as shown in Table 1. Note that many of these animals were sighted
outside of
[[Page 13697]]
the Level B harassment zone and, therefore, were not recorded as takes.
The 62 takes over eight days averages out to just under eight takes per
day. Given this information Dominion has conservatively requested the
take of one pod of 10 animals every day for the remaining 60 survey
days. NMFS concurs and is proposing 600 additional takes of common
dolphin by Level B harassment beyond the 68 takes authorized in the
initial IHA and recently modified IHA. The expiration date of the IHA
would remain unchanged as August 27, 2021.
Table 1--Common Dolphin Detection Events During Dominion Energy HRG Survey Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of events
Number of that resulted Total number of
Vessel name common dolphin in Level B Level B Min pod size Max pod size
detection events harassment takes harassment takes
--------------------------------------------------------------------------------------------------------------------------------------------------------
R/V Minerva................................................... 2 0 0 7 15
R/V Minerva................................................... 4 2 14 6 12
R/V Minerva................................................... 4 0 0 6 12
R/V Minerva................................................... 3 1 10 1 10
R/V Minerva................................................... 4 2 15 4 10
R/V Minerva................................................... 2 2 19 7 42
R/V Minerva................................................... 3 1 4 1 6
R/V Minerva................................................... 2 0 0 4 15
--------------------------------------------------------------------------------------------------------------------------------------------------------
The total number of incidental takes by Level B harassment,
including proposed modified common dolphin takes, are shown in Table 2.
The proposed take represents 0.39 percent of the western North Atlantic
stock of common dolphin. Take by Level A harassment was not requested,
nor does NMFS anticipate it. NMFS did not authorize Level A harassment
in the initial or recently modified IHA and is not proposing to do so
as part of this proposed modification.
Table 2--Total Numbers of Authorized Takes by Level B Harassment and as a Percentage of Population
----------------------------------------------------------------------------------------------------------------
Totals
-------------------------------------------------
Species Instances of take as
Take authorization percentage of
(No.) population \1\
----------------------------------------------------------------------------------------------------------------
Short-finned pilot whale...................................... 12 0.06
Bottlenose dolphin (Offshore)................................. 511 0.81
Bottlenose dolphin (Southern Migratory Coastal)............... 224 6.5
Common dolphin (proposed adjusted)............................ 668 0.39
Atlantic white-sided dolphin.................................. 44 0.12
Spotted dolphin............................................... 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 notices
announcing the issuance of the initial IHA (85 FR 55415; September 8,
2020) and the recently modified IHA (85 FR 81879; December 12, 2020) as
well as the discussions of the least practicable adverse impact
included in those documents remain accurate.
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;
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
[[Page 13698]]
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 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) and the recently modified IHA (85
FR 81879; December 12, 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
meters (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, 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 notices of the
issuance of initial IHA (85 FR 55415; September 8, 2020) and recently
modified IHA (85 FR 81879; December 12, 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
[[Page 13699]]
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.
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.
Reporting--PSOs must record specific information on the sighting
forms as described in the Federal Register notices of the issuance of
the initial IHA (85 FR 55415; September 8, 2020) and the recently
modified IHA (85 FR 81879; December 12, 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 OPR, 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 notices of the issuance of the initial IHA (85 FR
55415; September 8, 2020) and the recently modified IHA (85 FR 81879;
December 12, 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 common dolphin take. Specifically, the Level B
harassment authorized for common 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
60 survey days remaining, NMFS is proposing to increase authorized
spotted dolphin take by Level B harassment to 668 from 68. 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 common dolphin still would be of small numbers of spotted dolphins
relative to the population size (less than one 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
common 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; and (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 by Level B harassment of common
dolphins from 68 to 668. 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 Proposed Activities and Anticipated Impacts section of
this notice is planned or (2) the activities as described in the
Description of Proposed Activities and Anticipated
[[Page 13700]]
Impacts section of this notice would not be completed by the time the
IHA expires and a Renewal would allow for completion of the activities
beyond that described in the Dates and Duration section of 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);
and
(2) A preliminary monitoring report showing the results of the
required monitoring to date and an explanation showing that the
monitoring results do not indicate impacts of a scale or nature not
previously analyzed or authorized.
Upon review of the request for Renewal, the status of the affected
species or stocks, and any other pertinent information, NMFS determines
that there are no more than minor changes in the activities, the
mitigation and monitoring measures will remain the same and
appropriate, and the findings in the initial IHA remain valid.
Dated: March 4, 2021.
Donna S. Wieting,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2021-04905 Filed 3-9-21; 8:45 am]
BILLING CODE 3510-22-P
