Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Offshore of North Carolina and South Carolina, 78050-78072 [2022-27722]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 87, Number 244 (Wednesday, December 21, 2022)]
[Notices]
[Pages 78050-78072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27722]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC456]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Marine Site Characterization 
Surveys Offshore of North Carolina and South Carolina

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization; request 
for comments on proposed authorization and possible renewal.

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[[Page 78051]]

SUMMARY: NMFS has received a request from TerraSond Limited (TerraSond) 
for authorization to take marine mammals incidental to marine site 
characterization surveys in federal waters offshore of North Carolina 
and South Carolina in the Bureau of Ocean Energy Management (BOEM) 
Commercial Lease of Submerged Lands for Renewable Energy Development on 
the Outer Continental Shelf (Lease) Areas OCS-A 0545 and OCS-A 0546 
(also referred to [by BOEM] as the ``Carolina Long Bay Lease Areas.'' 
Pursuant to the Marine Mammal Protection Act (MMPA), NMFS is requesting 
comments on its proposal to issue an incidental harassment 
authorization (IHA) to incidentally take marine mammals during the 
specified activities. NMFS is also requesting comments on a possible 
one-time, one-year renewal that could be issued under certain 
circumstances and if all requirements are met, as described in Request 
for Public Comments at the end of this notice. NMFS will consider 
public comments prior to making any final decision on the issuance of 
the requested MMPA authorization and agency responses will be 
summarized in the final notice of our decision.

DATES: Comments and information must be received no later than January 
20, 2023.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service and 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. All comments received are a part of 
the public record and will generally be posted online at 
www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All personal identifying 
information (e.g., name, address) voluntarily submitted by the 
commenter may be publicly accessible. Do not submit confidential 
business information or otherwise sensitive or protected information.

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the application 
and supporting documents, as well as a list of the references cited in 
this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. 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 proposed or, if the taking is limited to harassment, a notice of a 
proposed IHA is provided to the public for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of the 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 the takings are set forth. The definitions 
of all applicable MMPA statutory terms cited above are included in the 
relevant sections below.

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 issuance 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 proposed 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.

Summary of Request

    On September 19, 2022, NMFS received a request from TerraSond for 
an IHA to take marine mammals incidental to marine site 
characterization surveys in federal waters offshore of North Carolina 
and South Carolina in the Bureau of Ocean Energy Management (BOEM) 
Lease Areas OCS-A 0545 and 0546. Following NMFS' review of the 
application, TerraSond submitted revised applications on October 14, 
2022 and October 17, 2022. The application was deemed adequate and 
complete on November 9, 2022. TerraSond's request is for take of small 
numbers of 18 species of marine mammals by Level B harassment only. 
Neither TerraSond nor NMFS expect serious injury or mortality to result 
from this activity and, therefore, an IHA is appropriate.

Description of Proposed Activity

Overview

    TerraSond proposes to conduct marine site characterization surveys 
in the BOEM Lease Areas OCS-A 0545 and 0546 in federal waters offshore 
of North Carolina and South Carolina to support the development of 
offshore wind farm technology. TerraSond's proposed site 
characterization survey activities, specifically high-resolution 
geophysical (HRG) surveys, have the potential to result in incidental 
take of marine mammals in the form of Level B behavioral harassment.

Dates and Duration

    HRG surveys are planned to commence as early as February 1, 2023 
and last for a minimum of 6-8 months (or through January 31, 2024) for 
a total of approximately 180 active survey days (Table 1) over the 
course of the 1 year period of effectiveness for the proposed IHA. A 
``survey day'' is defined as a 24-hour (hr) activity period in which 
active acoustic sound sources are used. This schedule is inclusive of 
any inclement weather downtime and crew transfers. Up to 2 HRG survey 
vessels may be active at one time. The number of anticipated active 
survey days in a phase (see Table 1) was calculated by

[[Page 78052]]

dividing the total vessel trackline length by the approximate vessel 
survey distance per day with active HRG equipment. It is expected that 
each vessel would cover approximately 100 kilometers (km) per day at a 
speed of 1.8 meters/second (m/s). The project would consist of three 
phases, including up to 3 possible tow configurations (Table 1).

                    Table 1--Proposed Number of Survey Days and Distances for Each Phase \1\
----------------------------------------------------------------------------------------------------------------
                                                        Total approximate    Approximate vessel
                     Survey phase                        vessel trackline     distance per day     Active survey
                                                               (km)                 (km)               days
----------------------------------------------------------------------------------------------------------------
Phase 1..............................................                4,054                   100              41
Phase 2..............................................                1,400                   100              14
Phase 3..............................................               12,488                   100             125
----------------------------------------------------------------------------------------------------------------
\1\ Up to two survey vessels may actively survey over a 24-hour period.

Specific Geographic Region

    TerraSond's survey activities would occur in BOEM Lease Areas OCS-A 
0545 and 0546, approximately 34-56 km offshore of Cape Fear, North 
Carolina (Figure 1). The proposed survey area is offshore of North 
Carolina and South Carolina in federal waters, and covers an area of 
approximately 445.4 square kilometers (km\2\). Water depths within the 
proposed survey area range from 20-35 meters (m) (66-115 feet (ft)).
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TN21DE22.029

BILLING CODE 3510-22-C

[[Page 78053]]

Detailed Description of Specific Activity

    TerraSond proposes to conduct HRG surveys to acquire data on the 
bathymetry, seafloor morphology, subsurface geology, environmental/
biological sites, seafloor obstructions, soil conditions, and locations 
of any man-made, historical, or archaeological resources in BOEM Lease 
Areas OCS-A 0545 and 0546 to support offshore wind energy development. 
HRG surveys will include the use of seafloor mapping equipment with 
operating frequencies above 180 kilohertz (kHz) (e.g., side-scan sonar 
(SSS), multibeam echosounders (MBES)); magnetometers and gradiometers 
that have no acoustic output; and shallow- to medium-penetration sub-
bottom profiling (SBP) equipment (e.g., parametric sonars, sparkers) 
with operating frequencies below 180 kHz. No deep-penetration SBP 
surveys (e.g., airgun or bubble gun surveys) will be conducted.
    TerraSond also proposes to conduct geotechnical surveys, including 
the use of vibracores and seabed core penetrations tests (CPTs). 
Vibracoring and CPT may be conducted from the geophysical survey vessel 
or by an additional geotechnical vessel. NMFS does not expect 
geotechnical sampling activities to present reasonably anticipated risk 
of causing incidental take of marine mammals, and these activities are 
not discussed further in this notice.
    As described earlier, TerraSond's proposed HRG surveys will consist 
of three phases consisting of differing tow configurations of the 
sparker. Phase 1 may take place concurrently with Phases 2 and 3, and 
multiple vessels may be used for each stage. Phase 1 would involve the 
use of a single source vessel towing one sparker source composed of two 
``decks'' of 400 electrode tips each stacked on top of each other. 
Phase 2 would be a brief period of survey work for Research and 
Development (R&D) purposes, involving the use of a single source vessel 
towing three of the same sparker sources with a horizontal separation 
between the sources of 150 m. The three sources would operate 
independently while collecting geophysical data along separate lines. 
Phase 3 would involve a single vessel towing two of the same sparker 
sources described in Phase 1 with a horizontal separation between the 
sources of 30 m. As described in Phase 2, the two sources would operate 
independently of each other while collecting geophysical data along two 
separate lines. Phase 3 activities may occur simultaneously with Phase 
1 and 2 activities.
    TerraSond proposes to use the following acoustic source during HRG 
survey activities at sounds levels that have the potential to result in 
Level B harassment of marine mammals:
     Medium penetration SBPs (sparkers) are used to map deep 
subsurface stratigraphy as needed. Sparkers create acoustic pulses from 
50 Hz to 4 kHz omnidirectionally from the source, and are considered to 
be impulsive sources. Sparkers are typically towed behind the vessel 
with adjacent hydrophone arrays to receive the return signals.
    Operation of the following survey equipment types is not reasonably 
expected to result in take of marine mammals and will not be discussed 
further beyond the brief summaries provided below:
     Parametric SBPs are used to provide high data density in 
sub-bottom profiles that are typically required for cable routes, very 
shallow water, and archaeological surveys. Parametric SPBs are usually 
mounted on a pole, either over the side of the vessel or through a moon 
pool in the bottom of the hull. Crocker and Fratantonio (2016) does not 
provide relevant measurements or source data for parametric SBPs, 
however, some source information is provided by the manufacturer. For 
the proposed project, the SBP used would generate short, very narrow-
beam sound pulses at relatively high frequencies (generally around 85 
to 115 kHz). The narrow beam width significantly reduces the potential 
for exposure while the high frequencies of the source are rapidly 
attenuated in seawater. Given the narrow beam width and relatively high 
frequency. NMFS does not reasonably expect there to be potential for 
marine mammals to be exposed to the signal;
     Ultra-short baseline (USBL) positioning systems are used 
to provide high accuracy ranges by measuring the time between the 
acoustic pulses transmitted by vessel transceiver and a transponder (or 
beacon) necessary to produce the acoustic profile. USBLs are expected 
to produce extremely small acoustic propagation distances in their 
typical operating configuration, and therefore marine mammals are 
highly unlikely to be exposed;
     Multibeam echosounders (MBES) are used to determine water 
depths and general bottom topography. MBES sonar systems project sonar 
pulses in several angled beams from a transducer mounted to a ship's 
hull. The beams radiate out from the transducer in a fan-shaped pattern 
orthogonally to the ship's direction. The proposed MBES (Reson T50 Dual 
Head) has an operating frequency >180 kHz (200-400 kHz) and, therefore, 
is outside the general hearing range of marine mammals; and
     Side scan sonars (SSS) are used for seabed sediment 
classification purposes and to identify natural and man-made acoustic 
targets on the seafloor. The sonar device emits conical or fan-shaped 
pulses down toward the seafloor in multiple beams at a wide angle, 
perpendicular to the path of the sensor through the water column. The 
proposed SSS has an operating frequency >180 kHz (300-600 kHz) and, 
therefore, is outside the general hearing range of marine mammals.
    Table 2 identifies representative survey equipment with the 
potential to result in exposure and take of marine mammals. TerraSond 
plans to use the Applied Acoustics UHRS 400 + 400, which is essentially 
two of the same Applied Acoustic Dura-Spark sources (Crocker and 
Fratantonio, 2016) stacked on top of each other creating two ``decks'' 
to the sparker. The decks will not be discharged simultaneously. 
Instead, they will be used in an alternating ``flip-flop'' pattern. 
Thus, for all of the described source configurations, the maximum power 
expected when discharging the sparker source (single deck) will be 800 
Joules (J). Crocker and Fratantonio (2016) measured the Applied 
Acoustics Dura-Spark, but did not provide data for an energy setting 
near 800 J (for a 400-tip configuration, Crocker and Fratantonio (2016) 
provide measurements at 500 and 2,000 J). Therefore, TerraSond proposes 
to use a similar alternative system, which was measured with an input 
voltage of 750 J, as a surrogate. NMFS concurs with this selection, 
which is described in Table 2.

[[Page 78054]]



                                  Table 2--Representative Survey Equipment Expected to Result in Take of Marine Mammals
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Operating                                                                                   Pulse
      Equipment type               System          frequency    Source level    Source level   Pulse duration     Beamwidth (degrees)       repetition
                                                  range (kHz)      (dB Pk)        (dB RMS)          (ms)                                  rate (seconds)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sparker...................  Applied Acoustics         0.3-1.2             213             203             1.1  180 (Omni)...............            0.25
                             Dura-Spark UHRS 400
                             + 400, 800 tips
                             total, up to 1,400
                             J \1\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
kHz = kilohertz; dB = decibel; Pk = peak; RMS = root mean square; J = joule
\1\ SIG ELC 820 sparker 750 J used as a proxy (Crocker and Fratantonio, 2016) as the AA Dura-spark was not measured with an energy of 800 J

    Proposed mitigation, monitoring, and reporting measures are 
described in detail later in this document (please see Proposed 
Mitigation and Proposed Monitoring and Reporting sections).

Description of Marine Mammals in the Area of Specified Activities

    Sections 3 and 4 of the application summarize available information 
regarding status and trends, distribution and habitat preferences, and 
behavior and life history of the potentially affected species. NMFS 
fully considered all of this information, and we refer the reader to 
these descriptions, incorporated here by reference, instead of 
reprinting the information. Additional information regarding population 
trends and threats may be found in NMFS' Stock Assessment Reports 
(SARs; www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments) and more general information about these 
species (e.g., physical and behavioral descriptions) may be found on 
NMFS' website (https://www.fisheries.noaa.gov/find-species).
    Table 3 lists all species or stocks for which take is expected and 
proposed to be authorized for this activity, and summarizes information 
related to the population or stock, including regulatory status under 
the MMPA and Endangered Species Act (ESA) and potential biological 
removal (PBR), where known. PBR is defined by the MMPA as the maximum 
number of animals, not including natural mortalities, that may be 
removed from a marine mammal stock while allowing that stock to reach 
or maintain its optimum sustainable population (as described in NMFS' 
SARs). While no serious injury or mortality is anticipated or proposed 
to be authorized here, PBR and annual serious injury and mortality from 
anthropogenic sources are included here as gross indicators of the 
status of the species or stocks and other threats.
    Marine mammal abundance estimates presented in this document 
represent the total number of individuals that make up a given stock or 
the total number estimated within a particular study or survey area. 
NMFS' stock abundance estimates for most species represent the total 
estimate of individuals within the geographic area, if known, that 
comprises that stock. For some species, this geographic area may extend 
beyond U.S. waters. All stocks managed under the MMPA in this region 
are assessed in NMFS' U.S. Atlantic and Gulf of Mexico SARs. All values 
presented in Table 3 are the most recent available at the time of 
publication (2021 SARs) and are available online at: 
www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments).

                                     Table 3--Marine Mammal Species \6\ Likely Impacted by the Specified Activities
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        ESA/ MMPA  status;   Stock  abundance (CV,
             Common name                  Scientific name               Stock             strategic  (Y/N)    Nmin, most  recent       PBR     Annual  M/
                                                                                                \1\          abundance survey) \2\               SI \3\
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                                    Order Artiodactyla Cetartiodactyla--Infraorder Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae:
    North Atlantic right whale......  Eubalaena glacialis....  Western Atlantic.......  E, D, Y             368 (0; 364; 2019) \5\        0.7        7.7
Family Balaenopteridae (rorquals):
    Fin whale.......................  Balaenoptera physalus..  Western North Atlantic.  E, D, Y             6,802 (0.24; 5,573;            11        1.8
                                                                                                             2016).
    Humpback whale..................  Megaptera novaeangliae.  Gulf of Maine..........  -, -, Y             1,396 (0; 1,380; 2016)         22      12.15
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
    Sperm whale.....................  Physeter macrocephalus.  North Atlantic.........  E, D, Y             4,349 (0.28; 3,451;           3.9          0
                                                                                                             2016).
Family Ziphiidae (beaked whales):
    Cuvier's beaked whale...........  Ziphius cavirostris....  Western North Atlantic.  -, -, N             5,744 (0.36, 4,282,            43        0.2
                                                                                                             2019).
    Mesoplodont whales..............  Mesoplodon spp.........  Western North Atlantic.  -, -, N             3,513 (0.63, UNK,             UNK          7
                                                                                                             2004).
Family Delphinidae:
    Short-finned pilot whale........  Globicephala             Western North Atlantic.  -, -, Y             28,924 (0.24; 23,637;         236        136
                                       macrorhynchus.                                                        2016).
    Long-finned pilot whale.........  Globicephala melas.....  Western North Atlantic.  -, -, N             39,215 (0.30; 30,627;         306         29
                                                                                                             2016).
    Atlantic spotted dolphin........  Stenella frontalis.....  Western North Atlantic.  -, -, N             39,921 (0.27; 32,032;         320          0
                                                                                                             2016).
    Bottlenose dolphin..............  Tursiops truncatus.....  Southern Migratory       -, -, Y             3,751 (0.6, 2,353,             23     0-18.3
                                                                Coastal.                                     2016).
    Bottlenose dolphin..............  Tursiops truncatus.....  Western North Atlantic   -, -, N             62,851 (0.23; 51,914;         519         28
                                                                Offshore.                                    2016).
    Common dolphin..................  Delphinus delphis......  Western North Atlantic.  -, -, N             172,974 (0.21;              1,452        390
                                                                                                             145,216; 2016).
    Rough-toothed dolphin...........  Steno bredanensis......  Western North Atlantic.  -, -, N             136 (1, 67, 2016).....        172          0

[[Page 78055]]

 
Family Phocoenidae (porpoises):
    Harbor porpoise.................  Phocoena phocoena......  Gulf of Maine/Bay of     -, -, N             95,543 (0.31; 74,034;         851        164
                                                                Fundy.                                       2016).
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                                                               Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals):
    Harbor seal.....................  Phoca vitulina.........  Western North Atlantic.  -, -, N             61,336 (0.08; 57,637;       1,729        339
                                                                                                             2018).
    Gray seal \4\...................  Halichoerus grypus.....  Western North Atlantic.  -, -, N             27,300 (0.22; 22,785;       1,389      4,453
                                                                                                             2016).
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\1\ ESA status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed under the ESA or
  designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality exceeds PBR or
  which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed under the ESA is
  automatically designated under the MMPA as depleted and as a strategic stock.
\2\ NMFS marine mammal stock assessment reports online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments assessments. CV is the coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\3\ These values, found in NMFS' SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g., commercial
  fisheries, ship strike).
\4\ NMFS' stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada)
  is approximately 451,431. The annual M/SI value given is for the total stock.
\5\ The draft 2022 SARs have yet to be released; however, NMFS has updated its species web page to recognize the population estimate for North Atlantic
  right whales (NARW) is now below 350 animals (https://www.fisheries.noaa.gov/species/north-atlantic-right-whale).
\6\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
  (https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)).

    As indicated above, all 18 species (with 19 managed stocks) in 
Table 3 temporally and spatially co-occur with the activity to the 
degree that take is reasonably likely to occur. All species that could 
potentially occur in the proposed survey area are included in Table 5 
of the IHA application. While the blue whale (Balaenoptera musculus), 
minke whale (Balaenoptera acutorostrata), sei whale (Balaenoptera 
borealis), Risso's dolphin (Grampus griseus), Atlantic white-sided 
dolphin (Lagenorhynchus acutus), Clymene dolphin (Stenella Clymene), 
dwarf sperm whale (Kogia sima), pygmy sperm whale (Kogia breviceps), 
false killer whale (Pseudorca crassidens), Fraser's dolphin 
(Lagenodelphis hosei), killer whale (Orcinus orca), melon-headed whale 
(Peponocephala electra), northern bottlenose whale (hyperoodon 
ampullatus), pantropical spotted dolphin (Stenella attenuate), Risso's 
Dolphin (Grampus griseus), pygmy killer whale (Feresa attenuate), 
spinner dolphin (Stenella longirostris), striped dolphin (Stenella 
coeruleoalba), white-beaked dolphin (Lagenorhynchus albirotris), harp 
seal (Pagophilus groenlandicus), and hooded seal (Cystophora cristata) 
have been reported in the area, the temporal and/or spatial occurrence 
of these species is such that take is not expected to occur, and they 
are not discussed further.
    Below is a description of the species that have the highest 
likelihood of occurring in the project area and are, thus, expected to 
potentially be taken by the proposed activities as well as further 
detail informing the baseline for select species (i.e., information 
regarding current Unusual Mortality Events (UMEs) and important habitat 
areas).

North Atlantic Right Whale

    The North Atlantic right whale (NARW) ranges from calving grounds 
in the southeastern United States to feeding grounds in New England 
waters and into Canadian waters (Hayes et al., 2022). Surveys have 
demonstrated the existence of seven areas where NARWs congregate 
seasonally: the coastal waters of the southeastern United States, the 
Great South Channel, Jordan Basin, Georges Basin along the northeastern 
edge of Georges Bank, Cape Cod and Massachusetts Bays, the Bay of 
Fundy, and the Roseway Basin on the Scotian Shelf (Hayes et al., 2018). 
NMFS has designated two critical habitat areas for the NARW under the 
ESA: The Gulf of Maine/Georges Bank region, and the southeast calving 
grounds from Cape Fear, North Carolina to Cape Canaveral, Florida (81 
FR 4837, January 27, 2016). The southeast calving grounds critical 
habitat overlaps with the proposed survey area.
    New England and Canadian waters are important feeding habitats for 
NARWs. Since 2010, NARWs have reduced their use of summer feeding 
habitats in the Great South Channel and Bay of Fundy, while increasing 
their use of habitat within Cape Cod Bay as well as a region south of 
Martha's Vineyard and Nantucket Islands (Stone et al., 2017; Mayo et 
al., 2018; Ganley et al., 2019; Record et al., 2019; Meyer-Gutbrod et 
al., 2021). This shift is likely due to changes in oceanographic 
conditions and food supply as dense patches of zooplankton are 
necessary for efficient foraging (Mayo and Marx, 1990; Record et al., 
2019). NARW use of habitats such as in the Gulf of St. Lawrence, 
southern New England waters, and the mid-Atlantic waters of the United 
States have also increased over time (Davis et al., 2017; Davis and 
Brillant, 2019; Crowe et al., 2021; Quintana-Rizzo et al., 2021).
    In the late fall months (e.g., October), NARWs are generally 
thought to depart from the feeding grounds in the North Atlantic and 
move south to their calving grounds off Georgia and Florida. However, 
recent research indicates our understanding of their movement patterns 
remains incomplete, and not all of the population undergoes a 
consistent annual migration (Davis et al., 2017). Females may remain in 
the feeding grounds during the winter in the years preceding and 
following the birth of a calf to increase their energy stores while 
juvenile and adult males may move to southern wintering grounds after 
years of abundant prey in northern feeding areas (Gowan et al., 2019). 
Passive acoustic studies have demonstrated the year-round presence of 
NARWs in New Jersey (Whitt et al., 2013) and Virginia (Salisbury et 
al., 2016), and Hodge et al. (2015) made acoustic detections of NARWs 
off of Georgia and North Carolina in seven months of the year.

[[Page 78056]]

NARWs are most common in the proposed survey area in the spring (late 
March) during their northern migration and in the fall (October and 
November) during their southern migration (NMFS, 2017).
    NARW movements within and between habitats are extensive. A NARW 
Biologically Important Area (BIA) for migration overlaps the proposed 
survey area and spans approximately 269,488 km\2\ in size from Florida 
through Massachusetts, encompassing the waters of the continental shelf 
offshore the east coast of the United States (LaBrecque et al., 2015). 
NARW movements may include seasonal migrations between northern feeding 
grounds and southern breeding grounds as well as movements between 
feeding habitats (Quintana-Rizzo et al., 2021). NARWs generally use the 
offshore waters of North Carolina and South Carolina during seasonal 
movements north and south between their feeding and breeding grounds 
(Knowlton et al., 2002; Firestone et al., 2008), and have been observed 
in waters offshore North Carolina from October through December, as 
well as February and March, a timeframe that aligns with the migratory 
timeframe for this species (Knowlton et al., 2002). The Right Whale 
Sightings Advisory System reports shows 12 visual records of NARWs 
offshore of North Carolina and South Carolina since January 2020 (NMFS, 
2022c).
    Since 2010, the western NARW population has been in decline (Pace 
et al., 2017), with a 40 percent decrease in calving rate (Kraus et 
al., 2016). In 2018, no new NARW calves were documented in their 
calving grounds; this represented the first time since annual NOAA 
aerial surveys began in 1989 that no new right whale calves were 
observed. Eighteen right whale calves were documented in 2021. For the 
2022 calving season, 15 NARW calves have been documented. Presently, 
the best available peer-reviewed population estimate for NARWs is 368 
per the 2021 SARs (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments). The draft 2022 SARs 
have yet to be released; however, NMFS has updated its species web page 
to recognize the population estimate for NARWs is below 350 animals 
(https://www.fisheries.noaa.gov/species/north-atlantic-right-whale).
    NMFS vessel speed regulations for NARWs at 50 CFR 224.105 
designated nearshore waters of the Mid-Atlantic Bight as Mid-Atlantic 
U.S. Seasonal Management Areas (SMA) in 2008. SMAs were developed to 
reduce the threat of collisions between ships and NARWs around their 
migratory route, feeding grounds, and calving grounds. In an active 
SMA, vessels 65 ft or longer must travel at a speed of 10 knots (kn) or 
less to reduce the threat of vessel collisions unless an exception 
applies. The North Carolina-Georgia coast SMA, spanning 20 nm from 
shore from Wilmington, NC to Brunswick, GA, overlaps spatially with the 
proposed survey area (https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales#seasonal-management-areas---mid-atlantic). The SMA is 
active from November 1 through April 30 of each year and may be used by 
NARWs for migrating or calving. In addition, a NARW reproductive BIA 
(LaBrecque et al., 2015) overlaps the northwestern corners of both 
lease areas.
    On August 1, 2022, NMFS announced proposed changes to the existing 
North Atlantic right whale vessel speed regulations to further reduce 
the likelihood of mortalities and serious injuries to endangered NARW 
from vessel collisions, which are a leading cause of the species' 
decline and a primary factor in an ongoing Unusual Mortality Event (87 
FR 46921, August 1, 2022). Should a final vessel speed rule be issued 
and become effective during the effective period of this IHA (or any 
other MMPA incidental take authorization), the authorization holder 
would be required to comply with any and all applicable requirements 
contained within the final rule. Specifically, where measures in any 
final vessel speed rule are more protective or restrictive than those 
in this or any other MMPA authorization, authorization holders would be 
required to comply with the requirements of the rule. Alternatively, 
where measures in this or any other MMPA authorization are more 
restrictive or protective than those in any final vessel speed rule, 
the measures in the MMPA authorization would remain in place. These 
changes would become effective immediately upon the effective date of 
any final vessel speed rule and would not require any further action on 
NMFS's part.
    Right Whale Slow Zones are established when NARWs are detected both 
visually (i.e., Dynamic Management Area) and acoustically (i.e., 
Acoustic Slow Zone). These are areas where mariners are encouraged to 
avoid and/or reduce speeds to 10 kn (5.1 m/s) to avoid vessel 
collisions with NARWs. Slow Zones typically persist for 15 days. More 
information on these right whale Slow Zones can be found on NMFS' 
website (https://www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-vessel-strikes-north-atlantic-right-whales).
    Elevated NARW mortalities have occurred since June 7, 2017 along 
the U.S. and Canadian coasts. As of October 2022, a total of 34 
confirmed dead stranded whales (21 in Canada; 13 in the United States) 
have been documented. This event has been declared an Unusual Mortality 
Event (UME), with human interactions, including entanglement in fixed 
fishing gear and vessel strikes, implicated in at least 16 of the 
mortalities thus far. More information is available online at: 
www.fisheries.noaa.gov/national/marine-life-distress/2017-2019-north-atlantic-right-whale-unusual-mortality-event.

Humpback Whale

    Humpback whales are found worldwide in all oceans. Humpback whales 
were listed as endangered under the Endangered Species Conservation Act 
(ESCA) in June 1970. In 1973, the ESA replaced the ESCA, and humpback 
whales continued to be listed as endangered. On September 8, 2016, NMFS 
divided the species into 14 distinct population segments (DPS), removed 
the current species-level listing, and in its place, listed four DPSs 
as endangered and one DPS as threatened (81 FR 62259; September 8, 
2016). The remaining nine DPSs were not listed. The West Indies DPS, 
which is not listed under the ESA, is the only DPS of humpback whales 
that is expected to occur in the proposed survey area. Whales occurring 
in the proposed survey area are not necessarily from the Gulf of Maine 
feeding population managed as a stock by NMFS. Bettridge et al. (2015) 
estimated the size of the West Indies DPS population at 12,312 (95 
percent CI 8,688-15,954) whales in 2004-05, which is consistent with 
previous population estimates of approximately 10,000-11,000 whales 
(Stevick et al., 2003; Smith et al., 1999) and the increasing trend for 
the West Indies DPS (Bettridge et al., 2015).
    Humpback whales are highly migratory, traveling between mid to high 
latitude waters to feed from spring through fall and lower latitude 
wintering grounds to calve and breed. Humpback whales may traverse 
deep, pelagic areas while migrating (Baker et al., 1998; Calambokidis 
et al., 2001; Garrigue et al., 2002). Not all humpback whales from the 
Gulf of Maine stock migrate to breeding areas during the winter as 
Swingle et al. (1993) noted significant numbers of humpback

[[Page 78057]]

whales in mid and high latitude regions during this time.
    The proposed survey areas offshore North Carolina and South 
Carolina are part of a humpback whale migration pathway between the 
calving/breeding grounds in the south and the feeding grounds in the 
north (Hayes et al., 2020). Since 1989, juvenile humpback whales have 
been sighted in the mid-Atlantic coast and offshore North Carolina and 
South Carolina more frequently during the winter months, with sightings 
peaking between January and March (Swingle et al., 1993). The mid-
Atlantic region likely represents a supplemental winter feeding ground 
for non-reproductive animals that are not participating in reproductive 
behavior at the breeding grounds (Barco et al., 2002; Swingle et al., 
1993).
    The most significant anthropogenic causes of mortality of humpback 
whales include incidental fishery entanglements, responsible for 
roughly eight whale mortalities, and vessel collisions, responsible for 
four mortalities both on average annually from 2013 to 2017 (Hayes et 
al., 2020). Since January 2016, elevated humpback whale mortalities 
have occurred along the Atlantic coast from Maine to Florida. This 
event has been declared a UME. Partial or full necropsy examinations 
have been conducted on approximately half of the 161 known cases (as of 
October 7, 2022). Of the whales examined, approximately 50 percent had 
evidence of human interaction, either ship strike or entanglement. 
While a portion of the whales have shown evidence of pre-mortem vessel 
strike, this finding is not consistent across all whales examined and 
more research is needed. A total of 22 strandings have occurred in 
North Carolina since 2016. Three previous UMEs involving humpback 
whales have occurred since 2000, in 2003, 2005, and 2006. More 
information is available at: www.fisheries.noaa.gov/national/marine-life-distress/2016-2021-humpback-whale-unusual-mortality-event-along-atlantic-coast.

Fin Whale

    Fin whales have a common occurrence in waters of the U.S. Atlantic 
Exclusive Economic Zone (EEZ), principally from Cape Hatteras northward 
with a distribution in both continental shelf and deep water habitats 
(Hayes et al., 2022). Fin whales are present north of 35-degree 
latitude in every season and are broadly distributed throughout the 
western North Atlantic for most of the year although densities vary 
seasonally (Edwards et al., 2015; Hayes et al., 2022).
    Western North Atlantic fin whales typically feed in the Gulf of 
Maine and the waters surrounding New England, but mating and calving 
(and general wintering) areas are largely unknown (Hain et al., 1992; 
Hayes et al., 2022). Calving likely takes place from October through 
January in the mid-Atlantic region (Hain et al., 1992). New England and 
Gulf of St. Lawrence waters represent major feeding grounds for fin 
whales (Hayes et al., 2022). Fin whales can be found offshore of North 
Carolina and South Carolina year-round, although sighting data indicate 
that they are most abundant during spring, winter, and summer (Hayes et 
al., 2022).
    The fin whale is federally listed under the ESA as an endangered 
species and is designated as a strategic stock under the MMPA due to 
its endangered status under the ESA, uncertain human-caused mortality, 
and incomplete survey coverage of the stock's defined range. The main 
threats to fin whales are fishery interactions and vessel collisions 
(Hayes et al., 2022).

Sperm Whale

    The distribution of the sperm whale in the U.S. EEZ occurs on the 
continental shelf edge, over the continental slope, and into mid-ocean 
regions (Hayes et al., 2020). The offshore distribution is likely 
associated with Gulf Stream features (Waring et al., 1993). During the 
winter, sperm whales are concentrated to the east and northeast of Cape 
Hatteras (Hayes et al., 2020). In the spring, the distribution shifts 
northward to east of Delaware and Virginia as well as throughout the 
central region of the mid-Atlantic Bight and the southern region of 
George's Bank (Hayes et al., 2020). In summer, the distribution 
continues to shift northward to the area east and north of George's 
Bank and the continental shelf south of New England. Sperm whales are 
most abundant along the continental shelf of the mid-Atlantic during 
fall (Hayes et al., 2020).
    Geographic distribution of sperm whales is likely linked to their 
social structure and low reproductive rate. The basic social unit of 
the sperm whale appears to be the mixed school of adult females plus 
their calves and some juveniles of both sexes, and social bonds may 
persist for many years (Christal et al., 1998). Other social groupings 
include nursery, juvenile, bachelor, and bull schools as well as 
solitary bulls (Best, 1979; Whitehead et al., 1991; Christal et al., 
1998). Groupings have distinct geographical ranges with females and 
juveniles occurring in tropical and sub-tropical waters, and males 
being more wide-ranging and occurring in northern latitudes (Hayes et 
al., 2020). The peak breeding season in the northern hemisphere for 
sperm whales occurs between April and June (Best et al., 1984), and 
calving grounds likely exist around Cape Hatteras, North Carolina 
(Costidis et al., 2017). Sperm whale distribution can also vary in 
response to prey availability, such as squid (Jacquet and Gendron, 
2002).
    Sperm whales are listed as an endangered species under the ESA, and 
the North Atlantic stock is considered strategic under the MMPA. The 
greatest threats to sperm whales include ship strikes (McGillivary et 
al., 2009; Carrillo and Ritter, 2010), anthropogenic sound (Nowacek et 
al., 2015), and the potential for climate change to influence 
variations in spatial distribution and abundance of prey (Hayes et al., 
2020).

Cuvier's Beaked Whale

    Cuvier's beaked whales occur mainly along the continental shelf 
edge of the Mid-Atlantic region of the U.S. east coast (CETAP, 1982; 
Waring et al., 1992; Waring et al., 2001; Hamazaki, 2002; Palka, 2006). 
They are known to prefer deep, pelagic waters along the continental 
slope edge, and favor steep underwater geological features such as 
banks, seamounts, and submarine canyons (NOAA Fisheries, 2022a). 
Offshore of Cape Hatteras, North Carolina, satellite-tagged beaked 
whales have demonstrated restricted movement patterns suggesting a 
resident population (Foley, 2018). Cuvier's beaked whales can be found 
year-round offshore of North Carolina (Hayes et al., 2020; McLellan et 
al., 2018; Stainstreet et al., 2017) with a potential to offshore of 
North Carolina and South Carolina (Roberts et al., 2016). Mass 
strandings of beaked whales globally have been associated with naval 
activities (Cox et al., 2006; D'Amico et al., 2009; Fernandez et al., 
2005; Filadelfo et al., 2009).

Mesoplodont Whales

    The genus, Mesoplodon, includes four species of beaked whales: 
True's beaked whale (Mesoplodon mirus), Gervais' beaked whale (M. 
europaeus), Blainville's beaked whale (M. densirostris) and Sowerby's 
beaked whale (M. bidens) (Mead, 1989). As these species are difficult 
to distinguish at sea, much of the available information on the 
distribution of beaked whales is specific to the genus level (Waring et 
al., 2008b). Along the U.S. Atlantic coast, Mesoplodon beaked whale 
sightings occur primarily along the continental shelf edge and deeper

[[Page 78058]]

oceanic waters (CETAP, 1982; Waring et al., 1992; Tove, 1995; Waring et 
al., 2001; Hamazaki, 2002; Palka, 2006). As with Cuvier's beaked 
whales, Mesoplon beaked whale distributions have been linked to 
physical features such as continental slope, canyons, escarpments, and 
oceanic islands (DoN, 2008; Pitman, 2018). Key areas for Mesoplodon 
whales have been identified along the continental edge of the western 
North Atlantic with depths down to 5,000 m from Cape Hatteras north to 
southern Nova Scotia (DoN, 2008). Distribution of individual Mesoplodon 
beaked whale species may vary by water temperature with Blainville's 
and Gervais' beaked whales occurring in warmer southern waters and 
Sowerby's and True's beaked whales occurring in cooler northern waters 
(DoN, 2008). Blainville's, Gervais', and True's beaked whales are 
expected to occur within the proposed survey area, based upon previous 
sighting and stranding records (Hayes et al., 2008; Hayes et al., 
2010).

Pilot Whale

    Two species of pilot whales, long-finned and short-finned, occur in 
the Western North Atlantic and may be sighted within the proposed study 
area. These species are difficult to differentiate at sea, and cannot 
be reliably distinguished during most surveys (Rone and Pace, 2012; 
Hayes et al., 2021). Pilot whales tend to occur in areas of high relief 
or submerged banks, and may be associated with the Gulf Stream wall and 
thermal fronts along the continental shelf edge (Waring et al., 1992). 
Both species of pilot whale are more generally found along the edge of 
the continental shelf at depths of 100 to 1,000 m (330 to 3,300 ft) in 
winter and early spring (CETAP, 1982; Payne and Heinemann, 1993; Abend 
and Smith 1999; Hamazaki, 2002). During late spring through late fall, 
they frequently travel into the central and northern Georges Bank, 
Great South Channel, and northward into the Gulf of Maine (CETAP, 1982; 
Payne and Heinemann, 1993; Hayes et al. 2021). Spatial distributions of 
long-finned and short-finned pilot whales overlap along the central 
Atlantic shelf break between New Jersey and southern Georges Bank 
(Payne and Heinemann, 1993; Hayes et al., 2021). Long-finned pilot 
whales are more pelagic, and have occasionally stranded as far south as 
Florida (Hayes et al., 2021).
    Short-finned pilot whales prefer tropical, subtropical, and warm 
temperate waters (Jefferson et al. 2015). South of Cape Hatteras, NC, 
most pilot whale sightings are expected to be short-finned pilot whales 
(Hayes et al., 2021). The continental shelf break is an important 
foraging habitat for short-finned pilot whales in the Western North 
Atlantic. A satellite tagging study of short-finned pilot whales showed 
whales to concentrate along the shelf break from Cape Hatteras, NC 
north to Hudson Canyon as well as in shelf break waters south of Cape 
Lookout, NC (Thorne et al., 2017).

Atlantic Spotted Dolphin

    Atlantic spotted dolphins are found in tropical and warm temperate 
waters along the continental shelf from 10 to 200 m (33 to 650 ft) deep 
to slope waters greater than 500 m (1,640 ft) (Leatherwood et al., 
1976; Hayes et al., 2020). Their range extends from southern New 
England, south to Gulf of Mexico and the Caribbean to Venezuela 
(Leatherwood et al., 1976; Perrin et al., 1994; Hayes et al., 2020). 
This stock regularly occurs in continental shelf waters south of Cape 
Hatteras and in continental shelf edge and continental slope waters 
north of this region (Hayes et al. 2020).
    Two forms, or ecotypes, occur in the Western North Atlantic. A 
large and heavily spotted ecotype inhabits the continental shelf, 
usually found inside or near the 200 m isobaths in continental shelf 
waters south of Cape Hatteras. A smaller, less spotted and offshore 
ecotype occurs in the continental slope waters of the Western North 
Atlantic, typically north of Cape Hatteras, North Carolina (Mullin and 
Fulling, 2003; Hayes et al., 2020). The offshore ecotype and the 
pantropical spotted dolphin (Stenella attenuata) are difficult to 
differentiate at sea (Hayes et al., 2020). Atlantic spotted dolphins 
have been observed during 2021 HRG surveys offshore northern North 
Carolina during the months of September-December (Marine-Ventures, 
2022). Spotted dolphins were also observed during all seasons except 
winter during 2019 digital aerial baseline surveys in a nearby survey 
area (Normandeau-APEM, 2020).

Bottlenose Dolphin

    The bottlenose dolphin populations in the U.S. North Atlantic 
consist of a complex mosaic of dolphin stocks (Hayes et al., 2021). Two 
morphologically and genetically distinct bottlenose dolphin ecotypes, 
coastal and offshore, exist along the North Atlantic coast. The coastal 
ecotype typically resides in waters less than 20 m (65.6 ft) deep, 
along the inner continental shelf (within 7.5 km (4.6 miles) of shore) 
and is further subdivided into seven stocks based largely upon spatial 
distribution (Hayes et al. 2021). North of Cape Hatteras, the offshore 
and coastal ecotypes are separated by bathymetric contours during the 
summer. Torres et al., (2003) found dolphins corresponding to the 
offshore ecotype to typically be found in waters greater than 34 m in 
depth and greater than 34 km from shore.
    Two stocks of bottlenose dolphins may be found in the vicinity of 
the proposed survey area--the western North Atlantic Offshore Stock 
(WNAOS), which is comprised of the offshore ecotype, and the Southern 
Coastal Migratory Stock (SCMS). The SCMS is one of two stocks thought 
to make broad-scale seasonal migrations in the coastal waters of the 
Western North Atlantic and occurs from Assateague, Virginia, south to 
northern Florida (Hayes et al., 2021). Seasonally, SCMS movements 
indicate they are mostly found in southern North Carolina (Cape 
Lookout) from October to December; they continue to move farther south 
from January to March to as far south as northern Florida and move back 
north to coastal North Carolina from April to June. SCMS bottlenose 
dolphins occupy waters north of Cape Lookout, North Carolina, to as far 
north as Chesapeake Bay from July to August. An observed shift in 
spatial distribution during a summer 2004 survey indicated that the 
northern boundary for the SCMS may vary from year to year (Hayes et al. 
2021).
    The offshore population consists of one stock (WNAOS) in the 
western North Atlantic Ocean, is distributed primarily along the outer 
continental shelf and continental slope, and occurs widely during the 
spring and summer from Georges Bank to the Florida Keys with late 
summer and fall incursions as far north the Gulf of Maine depending on 
water temperatures (Kenney, 1990; Hayes et al., 2020). Although WNAOS 
dolphins are typically found beyond 34 km from shore, sightings may 
occur at close at 7.3 km from shore in depths as shallow as 13 m 
(Garrison et al., 2003; Hayes et al., 2020).
    Both the SCMS and WNAOS may occur year-round within the proposed 
survey area. Bottlenose dolphins were observed during the months of 
July-November during 2019 HRG surveys offshore of Kitty Hawk, North 
Carolina, north of the proposed survey area (Tetra-Tech, 2022). 
Additional digital aerial baseline surveys offshore of Kitty Hawk, 
North Carolina observed bottlenose dolphins in the months of January 
and March (Normandeau-APEM, 2020).

[[Page 78059]]

Common Dolphin

    The common dolphin is found world-wide in temperate to subtropical 
seas. In the Western North Atlantic, common dolphins are commonly found 
over the continental shelf between the 200 m and 2,000 m isobaths and 
over prominent underwater topography and east to the mid-Atlantic Ridge 
(Doksaeter et al., 2008; Waring et al., 2008a). Common dolphins have 
been noted to be associated with Gulf Stream features (CETAP, 1982; 
Selzer and Payne, 1988; Waring et al. 1992). The species exhibits 
seasonal movements, occurring between Cape Hatteras and Georges Bank 
from mid-January to May, then migrating onto Georges Bank and the 
Scotian Shelf between mid-summer and fall. During fall, large 
aggregations occur on Georges Bank (Hain et al., 1981; CETAP, 1982; 
Payne et al., 1984; Selzer and Payne, 1988; Hayes et al. 2020). The 
species is less common south of Cape Hatteras, although sightings have 
been reported as far south as the Georgia/South Carolina border 
(Jefferson et al., 2009; Hayes et al. 2020). Common dolphins were also 
observed off the northern coast of North Carolina during HRG surveys 
during the months of March and January 2019 (Normandeau-APEM, 2020).

Rough-Toothed Dolphin

    Rough-toothed dolphins occur worldwide in warm temperate, 
subtropical, or tropical waters in a wide range of water depths (West 
et al., 2011; Hayes et al., 2019). Along the Western Atlantic coast, 
rough toothed dolphins have been observed from Virginia through Florida 
with occasional sightings on the continental shelf off North Carolina 
and Florida (DoN, 2008; OBIS, 2021). Although most vessel sightings of 
rough-toothed dolphins along the Western Atlantic have occurred in 
oceanic waters at depths greater than 1,000 m (Hayes et al., 2019), a 
tagging study conducted by Wells et al. (2008) showed rough-toothed 
dolphins to transit through both deep and shallow waters as well as 
exhibit dives reaching a maximum of 50 m.
    Off North Carolina, rough-toothed dolphins are expected to occur 
beyond the continental shelf break along the western edge of the Gulf 
Stream and occasionally more coastal waters (DoN, 2008; OBIS, 2021). 
According to the Roberts et al. (2022) density models, potential 
occurrence of rough-toothed dolphins increases south of Virginia.

Harbor Porpoise

    The harbor porpoise inhabits shallow, coastal waters, often found 
in bays, estuaries, and harbors. In the western Atlantic, they occur 
from Cape Hatteras north to Greenland. During summer (July to 
September), harbor porpoises are concentrated in the northern Gulf of 
Maine and southern Bay of Fundy region, generally in waters less than 
150 m deep with a few sightings in the upper Bay of Fundy and on 
Georges Bank. During fall (October-December) and spring (April-June), 
harbor porpoises are widely dispersed from New Jersey to Maine, with 
lower densities farther north and south (Hayes et al., 2022). They 
occur from the coastline to deep waters (>1,800 m), although the 
majority of the population occurs over the continental shelf. The 
harbor porpoise is likely to occur in the waters of the mid-Atlantic, 
including North Carolina, during winter months, as this species prefers 
cold temperate and subarctic waters (Hayes et al. 2022). Harbor 
porpoise generally move out of the Mid-Atlantic during spring, 
migrating north to the Gulf of Maine. There does not appear to be a 
temporally coordinated migration or a specific migratory route to and 
from the Bay of Fundy region (Hayes et al. 2022).
    Harbor porpoises may occur in the proposed study area during the 
winter months. One harbor porpoise was sighted in January off the coast 
of northern North Carolina during HRG surveys in 2019 (Normandeau-APEM, 
2020).

Harbor Seal

    Harbor seals are the most abundant seals in the waters of the 
eastern United States and are commonly found in all nearshore waters of 
the Atlantic Ocean from Newfoundland, Canada southward to northern 
Florida (Hayes et al. 2022). While harbor seals occur year-round north 
of Cape Cod, they only occur south of Cape Cod (southern New England to 
New Jersey) during winter migration, typically September through May 
(Kenney and Vigness-Raposa 2010; Hayes et al. 2022). During the summer, 
most harbor seals can be found north of Massachusetts within the 
coastal waters of central and northern Maine as well as the Bay of 
Fundy (Hayes et al. 2022).
    In recent years, this species has been seen regularly as far south 
as North Carolina, and regular seasonal haul-out sites of up to 40-60 
animals have been documented on the eastern shore of Virginia and the 
Chesapeake Bay (Jones and Rees 2020). Winter haul-out sites for harbor 
seals have been identified within the Chesapeake Bay region and Outer 
Banks, NC beaches; however, sightings as far south as the Carolinas are 
only occasionally recorded (Hayes et al. 2022).

Gray Seal

    Gray seals occur on both coasts of the Northern Atlantic Ocean and 
are divided into three major populations (Hayes et al. 2021). The 
western north Atlantic stock occurs in eastern Canada and the 
northeastern United States, occasionally as far south as North 
Carolina. Gray seals inhabit rocky coasts and islands, sandbars, ice 
shelves and icebergs (Hayes et al. 2021). In the United States, gray 
seals congregate in the summer to give birth at four established 
colonies in Massachusetts and Maine (Hayes et al. 2021). From September 
through May, they disperse and can be abundant as far south as New 
Jersey.
    Historically, gray seals were absent from North Carolina and South 
Carolina, however, the range of gray seals appears to be shifting south 
along the U.S. Atlantic coast (DiGiovanni et al., 2011; Johnson et al., 
2015; DiGiovanni et al., 2018). Harbor and gray seals are seen 
regularly between the fall and spring within the central Atlantic (DoN, 
2018; Jones and Rees, 2020). Seals may occur within the proposed study 
area from November through May (Roberts et al., 2016; Roberts and 
Halpin, 2022).
    Since June 2022, an Unusual Mortality Event (UME) has been declared 
for Northeast pinnipeds in which elevated numbers of sick and dead 
harbor seals and gray seals have been documented along the southern and 
central coast of Maine (NOAA Fisheries, 2022b). Currently, 22 grays 
seals and 258 harbor seals have stranded. Preliminary sample testing 
results suggest many affected seals to test positive for avian 
influenza (NOAA Fisheries, 2022b). NMFS is collaborating with local, 
state, Federal, international, and tribal partners to gain a better 
understanding of the cause of this UME. Information on this UME is 
available online at: https://www.fisheries.noaa.gov/2022-pinniped-unusual-mortality-event-along-maine-coast.
    The above event was preceded by a different UME occurring between 
2018-2020 (closure of the 2018-2020 UME is pending). Additionally, 
stranded seals have shown clinical signs as far south as Virginia, 
although not in elevated numbers. Therefore, the UME investigation 
encompasses all seal strandings from Maine to Virginia. As of March 
2020, there has been a total of 3,152 reported strandings (of all 
species), though only 10 occurred in Virginia while 8 were recorded in 
Maryland. Full or partial necropsy examinations have been conducted on

[[Page 78060]]

some of the seals and samples have been collected for testing. Based on 
tests conducted thus far, the main pathogen found in the seals is 
phocine distemper virus. NMFS is performing additional testing to 
identify any other factors that may be involved in this UME. This UME 
is non-active and pending closure, and therefore, it is not discussed 
further in this notice. Information on this UME is available online at: 
www.fisheries.noaa.gov/new-england-mid-atlantic/marine-life-distress/2018-2020-pinniped-unusual-mortality-event-along.

Marine Mammal Hearing

    Hearing is the most important sensory modality for marine mammals 
underwater, and exposure to anthropogenic sound can have deleterious 
effects. To appropriately assess the potential effects of exposure to 
sound, it is necessary to understand the frequency ranges marine 
mammals are able to hear. Not all marine mammal species have equal 
hearing capabilities (e.g., Richardson et al., 1995; Wartzok and 
Ketten, 1999; Au and Hastings, 2008). To reflect this, Southall et al. 
(2007, 2019) recommended that marine mammals be divided into hearing 
groups based on directly measured (behavioral or auditory evoked 
potential techniques) or estimated hearing ranges (behavioral response 
data, anatomical modeling, etc.). Note that no direct measurements of 
hearing ability have been successfully completed for mysticetes (i.e., 
low-frequency cetaceans). Subsequently, NMFS (2018) described 
generalized hearing ranges for these marine mammal hearing groups. 
Generalized hearing ranges were chosen based on the approximately 65 
decibel (dB) threshold from the normalized composite audiograms, with 
the exception for lower limits for low-frequency cetaceans where the 
lower bound was deemed to be biologically implausible and the lower 
bound from Southall et al. (2007) retained. Marine mammal hearing 
groups and their associated hearing ranges are provided in Table 4.

                  Table 4--Marine Mammal Hearing Groups
                              [NMFS, 2018]
------------------------------------------------------------------------
              Hearing group                 Generalized hearing range *
------------------------------------------------------------------------
Low-frequency (LF) cetaceans (baleen       7 Hz to 35 kHz.
 whales).
Mid-frequency (MF) cetaceans (dolphins,    150 Hz to 160 kHz.
 toothed whales, beaked whales,
 bottlenose whales).
High-frequency (HF) cetaceans (true        275 Hz to 160 kHz.
 porpoises, Kogia, river dolphins,
 Cephalorhynchid, Lagenorhynchus cruciger
 & L. australis).
Phocid pinnipeds (PW) (underwater) (true   50 Hz to 86 kHz.
 seals).
Otariid pinnipeds (OW) (underwater) (sea   60 Hz to 39 kHz.
 lions and fur seals).
------------------------------------------------------------------------
* Represents the generalized hearing range for the entire group as a
  composite (i.e., all species within the group), where individual
  species' hearing ranges are typically not as broad. Generalized
  hearing range chosen based on ~65 dB threshold from normalized
  composite audiogram, with the exception for lower limits for LF
  cetaceans (Southall et al., 2007) and PW pinniped (approximation).

    The pinniped functional hearing group was modified from Southall et 
al. (2007) on the basis of data indicating that phocid species have 
consistently demonstrated an extended frequency range of hearing 
compared to otariids, especially in the higher frequency range 
(Hemil[auml] et al., 2006; Kastelein et al., 2009; Reichmuth and Holt, 
2013).
    For more detail concerning these groups and associated frequency 
ranges, please see NMFS (2018) for a review of available information.

Potential Effects of Specified Activities on Marine Mammals and Their 
Habitat

    This section provides a discussion of the ways in which components 
of the specified activity may impact marine mammals and their habitat. 
Detailed descriptions of the potential effects of similar specified 
activities have been provided in other recent Federal Register notices, 
including for survey activities using the same methodology, over a 
similar amount of time, and occurring in the southeast Atlantic region, 
including the southeast Virginia and North Carolina areas (e.g., 84 FR 
31032, June 28, 2019; 85 FR 55415, September 8, 2020; 86 FR 43212, 
August 6, 2021; 87 FR 25452, April 29, 2022). No significant new 
information is available, and we incorporate by reference the detailed 
discussions in those documents rather than repeating the details here. 
The Estimated Take section later in this document includes a 
quantitative analysis of the number of individuals that are expected to 
be taken by this activity. The Negligible Impact Analysis and 
Determination section considers the content of this section, the 
Estimated Take section, and the Proposed Mitigation section, to draw 
conclusions regarding the likely impacts of these activities on the 
reproductive success or survivorship of individuals and whether those 
impacts are reasonably expected to, or reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.

Summary on Specific Potential Effects of Acoustic Sound Sources

    For general information on sound, its interaction with the marine 
environment, and a description of acoustic terminology, please see, 
e.g., ANSI (1986, 1995), Au and Hastings (2008); Hastings and Popper 
(2005); Mitson (1995), NIOSH (1998) Richardson et al. (1995); Southall 
et al., (2007), and Urick (1983). Underwater sound from active acoustic 
sources can include one or more of the following: Temporary or 
permanent hearing impairment, behavioral disturbance, masking, stress, 
and non-auditory physical effects. The degree of effect is 
intrinsically related to the signal characteristics, received level, 
distance from the source, and duration of the sound exposure. Marine 
mammals exposed to high-intensity sound, or to lower-intensity sound 
for prolonged periods, can experience hearing threshold shift (TS), 
which is the loss of hearing sensitivity at certain frequency ranges 
(Finneran, 2015). TS can be permanent (PTS; permanent threshold shift), 
in which case the loss of hearing sensitivity is not fully recoverable, 
or temporary (TTS; temporary threshold shift), in which case the 
animal's hearing threshold would recover over time (Southall et al. 
2007).
    When PTS occurs, there is physical damage to the sound receptors in 
the ear (i.e., tissue damage), whereas TTS represents primarily tissue 
fatigue and is reversible (Southall et al., 2007). In addition, other 
investigators have suggested that TTS is within the normal bounds of 
physiological variability and tolerance and does not represent physical 
injury (e.g., Ward, 1997).

[[Page 78061]]

Therefore, NMFS does not consider TTS to constitute auditory injury.
    Animals in the vicinity of TerraSond's proposed HRG survey 
activites are unlikely to incur even TTS due to the characteristics of 
the sound sources, which include a relatively low source level (203 dB 
re 1 [micro]Pa m), and generally very short pulses and potential 
duration of exposure. These characteristics mean that instantaneous 
exposure is unlikely to cause TTS because it is unlikely that exposure 
would occur close enough to the vessel for received levels to exceed 
peak pressure TTS criteria, and the cumulative duration of exposure 
would be insufficient to exceed cumulative sound exposure level (SEL) 
criteria. Even for high-frequency cetacean species (e.g., harbor 
porpoises), which have the greatest sensitivity to potential TTS, 
individuals would have to make a very close approach and remain very 
close to vessels operating these sources in order to receive multiple 
exposures at relatively high levels necessary to cause TTS. 
Intermittent exposures--as would occur due to the brief, transient 
signals produced by these sources--require a higher cumulative SEL to 
induce TTS than would continuous exposures of the same duration (i.e., 
intermittent exposure results in lower levels of TTS). Moreover, most 
marine mammals would more likely avoid a loud sound source rather than 
swim in such close proximity as to result in TTS. Kremser et al. (2005) 
noted that the probability of a cetacean swimming through the area of 
exposure when a sub-bottom profiler emits a pulse is small--because if 
the animal was in the area, it would have to pass the transducer at 
close range in order to be subjected to sound levels that could cause 
TTS and would likely exhibit avoidance behavior to the area near the 
transducer rather than swim through at such a close range.
    Behavioral disturbance may include a variety of effects, including 
subtle changes in behavior (e.g., minor or brief avoidance of an area 
or changes in vocalizations), more conspicuous changes in similar 
behavioral activities, and more sustained and/or potentially severe 
reactions, such as displacement from or abandonment of high-quality 
habitat. Behavioral responses to sound are highly variable and context-
specific and any reactions depend on numerous intrinsic and extrinsic 
factors (e.g., species, state of maturity, experience, current 
activity, reproductive state, auditory sensitivity, time of day), as 
well as the interplay between factors (e.g., Richardson et al., 1995; 
Wartzok et al., 2003; Southall et al., 2007; Weilgart, 2007; Archer et 
al., 2010; Southall et al., 2021). Available studies show wide 
variation in response to underwater sound; therefore, it is difficult 
to predict specifically how any given sound in a particular instance 
might affect marine mammals perceiving the signal. If a marine mammal 
does react briefly to an underwater sound by changing its behavior or 
moving a small distance, the impacts of the change are unlikely to be 
significant to the individual, the stock, or population. However, if a 
sound source displaces marine mammals from an important feeding or 
breeding area for a prolonged period, impacts on individuals and 
populations could be significant (e.g., Lusseau and Bejder, 2007; 
Weilgart, 2007; NRC, 2003). As mentioned earlier, the proposed survey 
area overlaps with a NARW migration BIA and is located adjacent to ESA-
designated critical calving habitat and a reproduction BIA. Due to the 
mobile nature and short duration of the proposed acoustic sources as 
well as proposed mitigation measures further described in the Proposed 
Mitigation section, we expect minimal impacts to NARW mother calf 
pairs.
    In addition, sound can disrupt behavior through masking, or 
interfering with, an animal's ability to detect, recognize, or 
discriminate between acoustic signals of interest (e.g., those used for 
intraspecific communication and social interactions, prey detection, 
predator avoidance, navigation). Masking occurs when the receipt of a 
sound is interfered with by another coincident sound at similar 
frequencies and at similar or higher intensity and may occur whether 
the sound is natural (e.g., snapping shrimp, wind, waves, 
precipitation) or anthropogenic (e.g., shipping, sonar, seismic 
exploration) in origin. Marine mammal communications would not likely 
be masked appreciably by the acoustic signals given the directionality 
of the signals for the HRG survey equipment planned for use (Table 2) 
and the brief period for when an individual mammal would likely be 
exposed.
    An animal's perception of a threat may be sufficient to trigger 
stress responses consisting of some combination of behavioral 
responses, autonomic nervous system responses, neuroendocrine 
responses, or immune responses (e.g., Seyle, 1950; Moberg, 2000). In 
many cases, an animal's first and sometimes most economical (in terms 
of energetic costs) response is behavioral avoidance of the potential 
stressor. Autonomic nervous system responses to stress typically 
involve changes in heart rate, blood pressure, and gastrointestinal 
activity. These responses have a relatively short duration and may or 
may not have a significant long-term effect on an animal's fitness.
    The primary distinction between stress (which is adaptive and does 
not normally place an animal at risk) and ``distress'' is the cost of 
the response. During a stress response, an animal uses glycogen stores 
that can be quickly replenished once the stress is alleviated. In such 
circumstances, the cost of the stress response would not pose serious 
fitness consequences. However, when an animal does not have sufficient 
energy reserves to satisfy the energetic costs of a stress response, 
energy resources must be diverted from other functions. This state of 
distress will last until the animal replenishes its energetic reserves 
sufficient to restore normal function. We expect minimal stress 
responses to result from marine mammals due to the short-term duration 
of activities and proposed mitigation measures.
    Sound may affect marine mammals through impacts on the abundance, 
behavior, or distribution of prey species (e.g., crustaceans, 
cephalopods, fish, and zooplankton) (i.e., effects to marine mammal 
habitat). Prey species exposed to sound might move away from the sound 
source, experience TTS, experience masking of biologically relevant 
sounds, or show no obvious direct effects. The most likely impacts (if 
any) for most prey species in a given area would be temporary avoidance 
of the area. Surveys using active acoustic sound sources move through 
an area relatively quickly, limiting exposure to multiple pulses. In 
all cases, sound levels would return to ambient once a survey ends and 
the noise source is shut down and, when exposure to sound ends, 
behavioral and/or physiological responses are expected to end 
relatively quickly. Finally, the HRG survey equipment will not have 
significant impacts to the seafloor and does not represent a source of 
pollution.

Vessel Strike

    Vessel collisions with marine mammals, or ship strikes, can result 
in death or serious injury of the animal. These interactions are 
typically associated with large whales, which are less maneuverable 
than are smaller cetaceans or pinnipeds in relation to large vessels. 
Ship strikes generally involve commercial shipping vessels, which are 
normally larger and of which there is much more traffic in the ocean 
than geophysical survey vessels. Jensen and Silber (2004) summarized 
ship strikes of large whales worldwide from 1975-2003 and found that 
most collisions occurred in the open ocean and involved large vessels 
(e.g.,

[[Page 78062]]

commercial shipping). For vessels used in geophysical survey 
activities, vessel speed while towing gear is typically only 4-5 knots. 
At these speeds, both the possibility of striking a marine mammal and 
the possibility of a strike resulting in serious injury or mortality 
are so low as to be discountable. At average transit speed for 
geophysical survey vessels, the probability of serious injury or 
mortality resulting from a strike is less than 50 percent. However, the 
likelihood of a strike actually happening is again low given the 
smaller size of these vessels and generally slower speeds. Notably in 
the Jensen and Silber study, no strike incidents were reported for 
geophysical survey vessels during that time period.
    The potential effects of TerraSond's specified survey activity are 
expected to be limited to Level B behavioral harassment. No permanent 
or temporary auditory effects, or significant impacts to marine mammal 
habitat, including prey, are expected.

Estimated Take

    This section provides an estimate of the number of incidental takes 
proposed for authorization through this IHA, which will inform both 
NMFS' consideration of ``small numbers,'' and the negligible impact 
determinations.
    Harassment is the only type of take expected to result from these 
activities. Except with respect to certain activities not pertinent 
here, section 3(18) of the MMPA defines ``harassment'' as any act of 
pursuit, torment, or annoyance, which (i) has the potential to injure a 
marine mammal or marine mammal stock in the wild (Level A harassment); 
or (ii) has the potential to disturb a marine mammal or marine mammal 
stock in the wild by causing disruption of behavioral patterns, 
including, but not limited to, migration, breathing, nursing, breeding, 
feeding, or sheltering (Level B harassment).
    Authorized takes would be by Level B harassment only, in the form 
of disruption of behavioral patterns for individual marine mammals 
resulting from exposure to sound produced by the sparker. Based 
primarily on the characteristics of the signals produced by the 
acoustic source planned for use, Level A harassment is neither 
anticipated (even absent mitigation), nor proposed to be authorized. As 
described previously, no serious injury or mortality is anticipated or 
proposed to be authorized for this activity. Below we describe how the 
proposed take numbers are estimated.
    For acoustic impacts, generally speaking, we estimate take by 
considering: (1) acoustic thresholds above which NMFS believes the best 
available science indicates marine mammals will be behaviorally 
harassed or incur some degree of permanent hearing impairment; (2) the 
area or volume of water that will be ensonified above these levels in a 
day; (3) the density or occurrence of marine mammals within these 
ensonified areas; and, (4) the number of days of activities. We note 
that while these factors can contribute to a basic calculation to 
provide an initial prediction of potential takes, additional 
information that can qualitatively inform take estimates is also 
sometimes available (e.g., previous monitoring results or average group 
size). Below, we describe the factors considered here in more detail 
and present the proposed take estimates.

Acoustic Thresholds

    NMFS recommends the use of acoustic thresholds that identify the 
received level of underwater sound above which exposed marine mammals 
would be reasonably expected to be behaviorally harassed (equated to 
Level B harassment) or to incur PTS of some degree (equated to Level A 
harassment).
    Level B Harassment--Though significantly driven by received level, 
the onset of behavioral disturbance from anthropogenic noise exposure 
is also informed to varying degrees by other factors related to the 
source or exposure context (e.g., frequency, predictability, duty 
cycle, duration of the exposure, signal-to-noise ratio, distance to the 
source), the environment (e.g., bathymetry, other noises in the area, 
predators in the area), and the receiving animals (hearing, motivation, 
experience, demography, life stage, depth) and can be difficult to 
predict (e.g., Southall et al., 2007, 2021; Ellison et al., 2012). 
Based on what the available science indicates and the practical need to 
use a threshold based on a metric that is both predictable and 
measurable for most activities, NMFS typically uses a generalized 
acoustic threshold based on received level to estimate the onset of 
behavioral harassment. NMFS generally predicts that marine mammals are 
likely to be behaviorally harassed in a manner considered to be Level B 
harassment when exposed to underwater anthropogenic noise above root-
mean-squared pressure received levels (RMS SPL) of 160 dB re 1 [mu]Pa 
for impulsive (e.g., seismic airguns) or intermittent (e.g., scientific 
sonar) sources. Generally speaking, Level B harassment take estimates 
based on these behavioral harassment thresholds are expected to include 
any likely takes by TTS as, in most cases, the likelihood of TTS occurs 
at distances from the source less than those at which behavioral 
harassment is likely. TTS of a sufficient degree can manifest as 
behavioral harassment, as reduced hearing sensitivity and the potential 
reduced opportunities to detect important signals (conspecific 
communication, predators, prey) may result in changes in behavior 
patterns that would not otherwise occur.
    TerraSond's proposed activity includes the use of impulsive (i.e., 
sparkers) sources, and therefore, the RMS SPL thresholds of 160 dB re 1 
[mu]Pa is applicable.
    Level A harassment--NMFS' Technical Guidance for Assessing the 
Effects of Anthropogenic Sound on Marine Mammal Hearing (Version 2.0) 
(Technical Guidance, 2018) identifies dual criteria to assess auditory 
injury (Level A harassment) to five different marine mammal groups 
(based on hearing sensitivity) as a result of exposure to noise from 
two different types of sources (impulsive or non-impulsive).
    The references, analysis, and methodology used in the development 
of the thresholds are described in NMFS' 2018 Technical Guidance, which 
may be accessed at: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-acoustic-technical-guidance.
    TerraSond's proposed activity includes the use of impulsive (i.e., 
sparkers) sources. However, as discussed above, NMFS has concluded that 
Level A harassment is not a reasonably likely outcome for marine 
mammals exposed to noise through use of the sources proposed for use 
here, and the potential for Level A harassment is not evaluated further 
in this document. Please see TerraSond's application (Section 6.3.1 
Level A) for details of a quantitative exposure analysis exercise, 
i.e., calculated Level A harassment isopleths and estimated Level A 
harassment exposures. TerraSond did not request authorization of take 
by Level A harassment, and no take by Level A harassment is proposed 
for authorization by NMFS.

Ensonified Area

    Here, we describe operational and environmental parameters of the 
activity that are used in estimating the area ensonified above the 
acoustic thresholds, including source levels and transmission loss 
coefficient.
    NMFS has developed a user-friendly methodology for estimating the 
extent of the Level B harassment isopleths associated with relevant HRG 
survey equipment (NMFS, 2020). This methodology incorporates frequency

[[Page 78063]]

and directionality (when relevant) to refine estimated ensonified 
zones. The sparkers proposed for use by TerraSond are omnidirectional 
and, therefore, beamwidth does not factor into the calculations.
    NMFS considers the data provided by Crocker and Fratantonio (2016) 
to represent the best available information on source levels associated 
with HRG survey equipment and, therefore, recommends that source levels 
provided by Crocker and Fratantonio (2016) be incorporated in the 
method described above to estimate distances to harassment isopleths. 
In cases where the source level for a specific type of HRG equipment is 
not provided in Crocker and Fratantonio (2016), NMFS recommends either 
the source levels provided by the manufacturer be used, or, in 
instances where source levels provided by the manufacturer are 
unavailable or unreliable, a proxy from Crocker and Fratantonio (2016) 
be used instead. TerraSond plans to use the Applied Acoustics Dura-
spark sparker UHRS 400 + 400. For all source configurations (Table 1), 
the maximum power expected to be discharged from the sparker source is 
800 J. However, Crocker and Fratantonio (2016) did not measure the 
Applied Acoustics Dura-spark with an energy near 800 J and the 
manufacturer does not provide these specifications. A similar 
alternative system, the SIG ELC 820 sparker, was measured by Crocker 
and Fratantonio (2016) with an input voltage of 750 J, and these 
measurements were used as a proxy for the Applied Acoustics Dura-spark 
sparker. Table 2 shows the source parameters associated with this 
proxy. Using the measured source level of 203 dB RMS of the proxy, SIG 
ELC 820 sparker with an input voltage of 750 J, modeling results of 
modeling indicated that the Applied Acoustics Dura-spark UHRS 400 + 400 
would produce a distance of 141 m to the Level B harassment isopleth.
    Daily ensonified area for each of the three survey phases (Table 1) 
was calculated by using the following equation: Daily survey distance 
(km) x 2 x (Level B isopleth (km) + separation distance between 
sparkers (km)) + area of a circle with a radius of Level B isopleth 
(km). For each phase, the daily survey distance is estimated to be 
approximately 100 km (Table 6). Phases 2 and 3 would include multiple 
sparker sources in their tow configurations (Table 1). Table 5 shows 
the daily ensonified area for each survey phase. In order to calculate 
the monthly ensonified area for each phase, the daily ensonified area 
was multiplied by the number of estimated survey days per month for 
each phase. Monthly ensonified area for each phase is shown in Table 5.

                                                     Table 5--Ensonified Area for Each Survey Phase
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                   Daily       Monthly
                                                                 Total survey    Average daily    Survey days      Number of     ensonified   ensonified
                             Phase                               distance (km)      survey         per month        sparker         area         area
                                                                                 distance (km)                      sources       (km\2\)      (km\2\)
--------------------------------------------------------------------------------------------------------------------------------------------------------
1.............................................................           4,054             100             3.4               1         28.3         95.5
2.............................................................           1,300             100             1.2           \1\ 3         58.5         68.2
3.............................................................          12,488             100            10.4           \2\ 2         31.3        325.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ 150 m horizontal separation distance between sparkers.
\2\ 30 m horizontal separation distance between sparkers.

Marine Mammal Occurrence

    In this section we provide information about the occurrence of 
marine mammals, including density or other relevant information that 
will inform the take calculations.
    Habitat-based density models produced by the Duke University Marine 
Geospatial Ecology Laboratory (Roberts et al., 2016; Roberts and 
Halpin, 2022) represent the best available information regarding marine 
mammal densities in the proposed survey area. The density data 
presented by Roberts and Halpin (2022) incorporates aerial and 
shipboard line-transect survey data from NMFS and other organizations 
and incorporates data from 8 physiographic and 16 dynamic oceanographic 
and biological covariates, and controls for the influence of sea state, 
group size, availability bias, and perception bias on the probability 
of making a sighting. These density models were originally developed 
for all cetacean taxa in the U.S. Atlantic (Roberts et al., 2016). In 
subsequent years, certain models have been updated based on additional 
data as well as certain methodological improvements. More information 
is available online at https://seamap.env.duke.edu/models/Duke/EC/.
    The Roberts and Halpin (2022) density-based habitat models provided 
density estimates for species or species guilds within 5 km x 5 km 
grids cells on a monthly or annual basis, depending upon the species. 
TerraSond selected a representative sample of grid cells in and near 
the proposed survey area by creating a 5 km wide perimeter around the 
survey area using GIS (ESRI, 2017), and intersecting the perimeter with 
the density grid cells to select those nearest to the proposed survey 
area. The average density of each species per month was then calculated 
from the selected grid cells. Density estimates for each species 
derived from this method are shown in Table 10 of TerraSond's 
application. After careful review of this methodology, NMFS agrees with 
this approach.
    Seal species were represented as a single guild by the Roberts 
density-based habitat models (Roberts et al., 2016; Roberts and Halpin, 
2022). In order to determine seal density by species, the proportion of 
abundance for each seal species was calculated using the stock 
abundance estimate from the most recent NMFS stock assessment report 
(Hayes et al., 2022). For example, the stock abundance estimate for 
harbor seals (61,336) was divided by the sum of the stock abundance 
estimates for harbor seals (61,336) and gray seals (27,300). This 
proportion was calculated for harbor seals and gray seals. The 
proportion was then multiplied by the density estimate for seals as a 
guild to determine a density-based estimate for each seal species. NMFS 
has reviewed this methodology for deriving density-based estimates for 
each seal species from a seal guild estimate, and agrees with this 
approach.

Take Estimation

    Here we describe how the information provided above is synthesized 
to produce a quantitative estimate of the take that is reasonably 
likely to occur and proposed for authorization. In order to estimate 
the number of marine mammals predicted to be exposed to sound levels 
that would result in Level B harassment, estimated take was first 
calculated by month for each phase. The monthly density for each 
species in the proposed survey area (Table 10 of the

[[Page 78064]]

application) was multiplied by the respective monthly ensonified area 
for each phase (Table 5) according to the following equation: Estimated 
monthly take = average monthly density (individuals/km\2\) x monthly 
ensonified area (km\2\). Estimated monthly take for each phase was 
summed across twelve months and is shown for each phase by species in 
Table 6. Density-based take estimates for each phase were added 
together for each species to receive a total requested take estimate 
(Table 6). The percent of each stock abundance requested for take was 
calculated using the most updated abundance estimates from the NMFS 
stock assessment report (Hayes et al., 2022) (Table 6).
    As the Roberts density-based habitat models (Roberts et al., 2016; 
Roberts and Halpin, 2022) did not distinguish between short-finned and 
long-finned pilot whales, the requested take estimate in Table 6 
represents both species of pilot whale. NMFS calculated the percent of 
stock abundance requested assuming all take was from the stock of 
short-finned pilot whales. NMFS also calculated the percent of stock 
abundance requested assuming all take was from the stock of long-finned 
pilot whales. NMFS then compared these calculations to determine which 
percentage was greater, and found that the calculation assuming all 
take was from the stock of short-finned pilot whales represented a 
larger percentage. The percent of take that represents the greatest 
impact (short-finned pilot whale) is displayed in Table 6. A similar 
approach was used when calculating percent of take requested for 
bottlenose dolphins, as two stocks (southern migratory coastal stock 
and offshore Western North Atlantic stock) may occur within the 
proposed study area. The percent of take that represents the greatest 
impact (southern migratory coastal stock) is shown in Table 6.
    When determining requested take numbers, TerraSond also considered 
mean group size estimates for each species based upon available 
sighting data collected through recent aerial/vessel-based surveys in 
the southwest Atlantic region (Kraus et al., 2016; Palka et al., 2017). 
Mean group size estimates were compared to density-based estimates. If 
the mean group size was greater than the density-based estimate, the 
requested estimated take was increased to the mean group size value. 
Requested take was adjusted for mean group size for the following 
species, as shown in Table 6: Fin whale, humpback whale, NARW, sperm 
whale, common dolphin, Cuvier's beaked whale, pilot whales, Mesoplodont 
whales, rough-toothed dolphin, harbor porpoise, harbor seal, and gray 
seal.
    The estimated density-based exposure value was calculated to be 
and/or rounded to zero for the fin whale, humpback whale, sperm whale, 
Cuvier's beaked whale, harbor porpoise, Mesoplodont beaked whales, gray 
seal, and harbor seal. Therefore, TerraSond has requested a small 
amount of take for these species in the event that they do occur during 
project activities. The North Carolina coast is part of a migratory 
pathway for humpback whales moving seasonally between winter foraging 
grounds and summer breeding grounds (Hayes et al., 2022). Juvenile 
humpback whales are typically sighted off the Virginia and North 
Carolina coasts during the winter months (Swingle et al., 1993), and 
therefore, may potentially occur within the proposed study area. Fin 
and sperm whale sightings have occurred off of Cape Hatteras, North 
Carolina, just north of the proposed study area. Fin whales may use the 
Central Atlantic coast as a calving area, while sperm whales likely 
calve near Cape Hatteras, NC (Hayes et al., 2022). In addition, 
Cuvier's beaked whale and harbor porpoise sightings have occurred off 
of Cape Hatteras, NC (Hayes et al., 2022). Due to the relatively close 
proximity of Cape Hatteras to the proposed study area, it is possible 
these species may occur off Carolina Long Bay as well. Based upon 
documented stranding records, Mesoplodont whale strandings may occur 
within the proposed study area as well. Mesoplodont strandings have 
been documented as far south as Florida, and True's, Gervais', and 
Sowerby's beaked whales are considered temperature species. Over time, 
harbor seals and gray seals have expanded their range further south 
along the U.S. Atlantic coast with harbor seal sightings occurring off 
North Carolina during the fall and spring (Hayes et al., 2022). Harbor 
seals may also occasionally haul out in northern North Carolina during 
the winter. Due to documented sighting and stranding records, it is 
also possible that harbor and gray seals may occur with the proposed 
study area as well. NMFS has carefully reviewed TerraSond's methodology 
for calculating estimated requested take and adjusting estimated take 
based upon mean group size estimates. NMFS agrees with this approach 
and proposes to authorize the requested take numbers.

                    Table 6--Estimated Take Numbers and Total Take Proposed for Authorization
----------------------------------------------------------------------------------------------------------------
                                                Density-based take estimates                      Percent stock
                                             ---------------------------------  Total proposed      abundance
                   Species                                                           take          proposed for
                                               Phase 1    Phase 2    Phase 3                           take
----------------------------------------------------------------------------------------------------------------
Fin whale...................................          0          0          0               * 2             0.03
Humpback whale..............................          0          0          0               * 2             0.14
North Atlantic right whale..................        0.1          0          0               * 3             0.82
Sperm whale.................................          0          0          0               * 1             0.02
Pilot whale \1\.............................        0.1        0.1          0              * 26             0.09
Cuvier's beaked whale.......................          0          0          0               * 3             0.05
Mesoplodont whales..........................          0          0          0               * 3             0.09
Bottlenose dolphin \2\......................      130.6       93.3        445               669             17.8
Atlantic spotted dolphin....................      122.4       87.5        417               628             1.57
Common dolphin..............................        0.8        0.6          3              * 49             0.03
Rough-toothed dolphin.......................        1.5          1          5              * 19               14
Harbor porpoise.............................          0          0          0               * 3            0.003
Harbor seal.................................          0          0          0               * 2            0.003
Gray seal...................................          0          0          0               * 2            0.007
----------------------------------------------------------------------------------------------------------------
*Adjusted for group size.
\1\ Represents short-finned and long-finned pilot whales.
\2\ Represents offshore and southern migratory coastal stocks of bottlenose dolphins.


[[Page 78065]]

Proposed Mitigation

    In order to issue an IHA under section 101(a)(5)(D) of the MMPA, 
NMFS must set forth the permissible methods of taking pursuant to the 
activity, and other means of effecting the least practicable impact on 
the species or stock and its habitat, paying particular attention to 
rookeries, mating grounds, and areas of similar significance, and on 
the availability of the species or stock for taking for certain 
subsistence uses (latter not applicable for this action). NMFS 
regulations require applicants for incidental take authorizations to 
include information about the availability and feasibility (economic 
and technological) of equipment, methods, and manner of conducting the 
activity or other means of effecting the least practicable adverse 
impact upon the affected species or stocks, and their habitat (50 CFR 
216.104(a)(11)).
    In evaluating how mitigation may or may not be appropriate to 
ensure the least practicable adverse impact on species or stocks and 
their habitat, as well as subsistence uses where applicable, NMFS 
considers two primary factors:
    (1) The manner in which, and the degree to which, the successful 
implementation of the measure(s) is expected to reduce impacts to 
marine mammals, marine mammal species or stocks, and their habitat. 
This considers the nature of the potential adverse impact being 
mitigated (likelihood, scope, range). It further considers the 
likelihood that the measure will be effective if implemented 
(probability of accomplishing the mitigating result if implemented as 
planned), the likelihood of effective implementation (probability 
implemented as planned), and;
    (2) The practicability of the measures for applicant 
implementation, which may consider such things as cost and impact on 
operations.
    NMFS proposes the following mitigation measures be implemented 
during TerraSond's proposed HRG surveys. Pursuant to section 7 of the 
ESA, TerraSond would also be required to adhere to relevant Project 
Design Criteria (PDC) of the NMFS' Greater Atlantic Regional Fisheries 
Office (GARFO) programmatic consultation (specifically PDCs 4, 5, and 
7) regarding geophysical surveys along the U.S. Atlantic coast (https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation).

Visual Monitoring and Shutdown Zones

    TerraSond must employ independent, dedicated, trained PSOs, meaning 
that the PSOs must (1) be employed by a third-party observer provider, 
(2) have no tasks other than to conduct observational effort, collect 
data, and communicate with and instruct relevant vessel crew with 
regard to the presence of marine mammals and mitigation requirements 
(including brief alerts regarding maritime hazards), and (3) have 
successfully completed an approved PSO training course appropriate for 
geophysical surveys. Visual monitoring must be performed by qualified, 
NMFS-approved PSOs. PSO resumes must be provided to NMFS for review and 
approval prior to the start of survey activities.
    During survey operations (e.g., any day on which use of the sparker 
source is planned to occur, and whenever the sparker source is in the 
water, whether activated or not), a minimum of one visual marine mammal 
observer (PSO) must be on duty on each source vessel and conducting 
visual observations at all times during daylight hours (i.e., from 30 
minutes prior to sunrise through 30 minutes following sunset). A 
minimum of two PSOs must be on duty on each source vessel during 
nighttime hours. Visual monitoring must begin no less than 30 minutes 
prior to ramp-up (described below) and must continue until one hour 
after use of sparker source ceases.
    Visual PSOs shall coordinate to ensure 360[deg] visual coverage 
around the vessel from the most appropriate observation posts and shall 
conduct visual observations using binoculars and the naked eye while 
free from distractions in a consistent, systematic, and diligent 
manner. PSOs shall establish and monitor application shutdown zones 
(see below). These zones shall be based upon the radial distance from 
the sparker source (rather than being based around the vessel itself).
    Two shutdown zones are defined, depending on the species and 
context. Here, an extended shutdown zone encompassing the area at and 
below the sea surface out to a radius of 500 meters from the sparker 
source (0-500 m) is defined for NARWs. For all other marine mammals, 
the shutdown zone encompasses a standard distance of 100 meters (0-100 
m). Any observations of marine mammals by crew members aboard any 
vessel associated with the survey shall be relayed to the PSO team.
    Visual PSOs may be on watch for a maximum of four consecutive hours 
followed by a break of at least one hour between watches and may 
conduct a maximum of 12 hours of observation per 24-hour period

Pre-Start Clearance and Ramp-Up

    A ramp-up procedure, involving a gradual increase in source level 
output, is required at all times as part of the activation of the 
sparker source when technically feasible. Operators should ramp up 
sparkers to half power for 5 minutes and then proceed to full power. A 
30-minute pre-start clearance observation period must occur prior to 
the start of ramp-up. The intent of the 30-minute pre-start clearance 
observation period is to ensure no marine mammals are within the 
shutdown zones prior to the beginning of ramp-up. The intent of ramp-up 
is to warn marine mammals of pending operations and to allow sufficient 
time for those animals to leave the immediate vicinity. All operators 
must adhere to the following pre-start clearance and ramp-up 
requirements:
     The operator must notify a designated PSO of the planned 
start of ramp-up as agreed upon with the lead PSO; the notification 
time should not be less than 60 minutes prior to the planned ramp-up in 
order to allow the PSOs time to monitor the shutdown zones for 30 
minutes prior to the initiation of ramp-up (pre-start clearance). 
During this 30-minute pre-start clearance period, the entire shutdown 
zone must be visible, except as indicated below.
     Ramp-ups shall be scheduled so as to minimize the time 
spent with the source activated.
     A visual PSO conducting pre-start clearance observations 
must be notified again immediately prior to initiating ramp-up 
procedures and the operator must receive confirmation from the PSO to 
proceed.
     Any PSO on duty has the authority to delay the start of 
survey operations if a marine mammal is detected within the applicable 
pre-start clearance zone.
     The operator must establish and maintain clear lines of 
communication directly between PSOs on duty and crew controlling the 
acoustic source to ensure that mitigation commands are conveyed swiftly 
while allowing PSOs to maintain watch.
     The pre-start clearance requirement is waived for small 
delphinids and pinnipeds. Detection of a small delphinid (individuals 
belonging to the following genera of the Family Delphinidae: Steno, 
Delphinus, Lagenorhynchus, Stenella, and Tursiops) or pinniped within 
the shutdown zone does not preclude beginning of ramp-up, unless the 
PSO

[[Page 78066]]

confirms the individual to be of a genus other than those listed, in 
which case normal pre-clearance requirements apply.
     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 the pre-clearance 
requirement is waived), PSOs may use the best professional judgment in 
making the decision to call for a shutdown.
     Ramp-up may not be initiated if any marine mammal to which 
the pre-start clearance requirement applies is within the shutdown 
zone. If a marine mammal is observed within the shutdown zone during 
the 30-minute pre-start clearance period, ramp up may not begin until 
the animal(s) has been observed exiting the zones or until an 
additional time period has elapsed with no further sightings (30 
minutes for all baleen whale species and sperm whales and 15 minutes 
for all other species).
     PSOs must monitor the shutdown zones 30 minutes before and 
during ramp-up, and ramp-up must cease and the source must be shut down 
upon observation of a marine mammal within the applicable shutdown 
zone.
     Ramp-up may occur at times of poor visibility, including 
nighttime, if appropriate visual monitoring has occurred with no 
detections of marine mammals in the 30 minutes prior to beginning ramp-
up. Sparker activation may only occur at night where operational 
planning cannot reasonably avoid such circumstances.
     If the acoustic source is shut down for brief periods 
(i.e., less than 30 minutes) for reasons other than implementation of 
prescribed mitigation (e.g., mechanical difficulty), it may be 
activated again without ramp-up if PSOs have maintained constant visual 
observation and no detections of marine mammals have occurred within 
the applicable shutdown zone. For any longer shutdown, pre-start 
clearance observation and ramp-up are required.

Shutdown Procedures

    All operators must adhere to the following shutdown requirements:
     Any PSO on duty has the authority to call for shutdown of 
the sparker source if a marine mammal is detected within the applicable 
shutdown zone.
     The operator must establish and maintain clear lines of 
communication directly between PSOs on duty and crew controlling the 
source to ensure that shutdown commands are conveyed swiftly while 
allowing PSOs to maintain watch.
     When the sparker source is active and a marine mammal 
appears within or enters the applicable shutdown zone, the source must 
be shut down. When shutdown is instructed by a PSO, the source must be 
immediately deactivated and any dispute resolved only following 
deactivation.
     The shutdown requirement is waived for small delphinids 
and pinnipeds. If a small delphinid (individual belonging to the 
following genera of the Family Delphinidae: Steno, Delphinus, 
Lagenorhynchus, Stenella, and Tursiops) or pinniped is visually 
detected within the shutdown zone, no shutdown is required unless the 
PSO confirms the individual to be of a genus other than those listed, 
in which case a shutdown is 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 or 
one of the species with a larger shutdown zone), PSOs may use best 
professional judgment in making the decision to call for a shutdown.
     Upon implementation of shutdown, the source may be 
reactivated after the marine mammal has been observed exiting the 
applicable shutdown zone or following a clearance period (30 minutes 
for all baleen whale species and sperm whales and 15 minutes for all 
other species) with no further detection of the marine mammal.
    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 
Level B harassment zone, shutdown must occur.

Vessel Strike Avoidance

    Crew and supply vessel personnel should use an appropriate 
reference guide that includes identifying information on all marine 
mammals that may be encountered. Vessel operators must comply with the 
below measures except under extraordinary circumstances when the safety 
of the vessel or crew is in doubt or the safety of life at sea is in 
question. These requirements do not apply in any case where compliance 
would create an imminent and serious threat to a person or vessel or to 
the extent that a vessel is restricted in its ability to maneuver and, 
because of the restriction, cannot comply.
     Vessel operators and crews must maintain a vigilant watch 
for all marine mammals and slow down, stop their vessel(s), or alter 
course, as appropriate and regardless of vessel size, to avoid striking 
any marine mammals. A visual observer aboard the vessel must monitor a 
vessel strike avoidance zone based on the appropriate separation 
distance around the vessel (distances stated below). Visual observers 
monitoring the vessel strike avoidance zone may be third-party 
observers (i.e., PSOs) or crew members, but crew members responsible 
for these duties must be provided sufficient training to (1) 
distinguish protected species from other phenomena and (2) broadly to 
identify a marine mammal as a NARW, other whale (defined in this 
context as sperm whales or baleen whales other than NARW), or other 
marine mammal.
     All survey vessels, regardless of size, must observe a 10-
knot speed restriction in specific areas designated by NMFS for the 
protection of NARWs from vessel strikes. These include all Seasonal 
Management Areas (SMA) under 50 CFR 224.105 (when in effect), any 
dynamic management areas (DMA) (when in effect), and Slow Zones. See 
www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-ship-strikes-north-atlantic-right-whales for specific detail 
regarding these areas.
     All vessels must reduce their speed to 10 knots or less 
when mother/calf pairs, pods, or large assemblages of cetaceans are 
observed near a vessel;
     All vessels must maintain a minimum separation distance of 
500 m from NARWs. If a NARW is sighted within the relevant separation 
distance, the vessel must steer a course away at 10 knots or less until 
the 500-m separation distance has been established. If a whale is 
observed but cannot be confirmed as a species other than a right whale, 
the vessel operator must assume that it is a right whale and take 
appropriate action.
     All vessels must maintain a minimum separation distance of 
100 m from sperm whales and all other baleen whales.
     All vessels must, to the maximum extent practicable, 
attempt to maintain a minimum separation distance of 50 m from all 
other marine mammals, with an understanding that at times this may not 
be possible (e.g., for animals that approach the vessel).
     When marine mammals are sighted while a vessel is 
underway, the vessel must take action as necessary to avoid violating 
the relevant separation distance (e.g., attempt to remain parallel to 
the animal's course, avoid excessive speed or abrupt changes in 
direction until the animal has left the area, reduce speed and shift 
the engine to neutral). This does not apply to any vessel

[[Page 78067]]

towing gear or any vessel that is navigationally constrained.
    Members of the monitoring team would consult NMFS NARW reporting 
system and Whale Alert, daily and as able, for the presence of NARWs 
throughout survey operations, and for the establishment of DMAs and/or 
Slow Zones. It is TerraSond's responsibility to maintain awareness of 
the establishment and location of any such areas and to abide by these 
requirements accordingly.
    Based on our evaluation of TerraSond's proposed measures, as well 
as other measures considered by NMFS, NMFS has preliminarily determined 
that the proposed mitigation measures provide the means of effecting 
the least practicable impact on the affected species or stocks and 
their habitat, paying particular attention to rookeries, mating 
grounds, and areas of similar significance.

Proposed Monitoring and Reporting

    In order to issue an IHA for an activity, section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth requirements pertaining to the 
monitoring and reporting of such taking. The MMPA implementing 
regulations at 50 CFR 216.104(a)(13) indicate that requests for 
authorizations must include the suggested means of accomplishing the 
necessary monitoring and reporting that will result in increased 
knowledge of the species and of the level of taking or impacts on 
populations of marine mammals that are expected to be present while 
conducting the activities. Effective reporting is critical both to 
compliance as well as ensuring that the most value is obtained from the 
required monitoring.
    Monitoring and reporting requirements prescribed by NMFS should 
contribute to improved understanding of one or more of the following:
     Occurrence of marine mammal species or stocks in the area 
in which take is anticipated (e.g., presence, abundance, distribution, 
density);
     Nature, scope, or context of likely marine mammal exposure 
to potential stressors/impacts (individual or cumulative, acute or 
chronic), through better understanding of: (1) action or environment 
(e.g., source characterization, propagation, ambient noise); (2) 
affected species (e.g., life history, dive patterns); (3) co-occurrence 
of marine mammal species with the activity; or (4) biological or 
behavioral context of exposure (e.g., age, calving or feeding areas);
     Individual marine mammal responses (behavioral or 
physiological) to acoustic stressors (acute, chronic, or cumulative), 
other stressors, or cumulative impacts from multiple stressors;
     How anticipated responses to stressors impact either: (1) 
long-term fitness and survival of individual marine mammals; or (2) 
populations, species, or stocks;
     Effects on marine mammal habitat (e.g., marine mammal prey 
species, acoustic habitat, or other important physical components of 
marine mammal habitat); and,
     Mitigation and monitoring effectiveness.
    TerraSond must submit PSO resumes for NMFS review and approval 
prior to commencement of the survey. Resumes should include dates of 
training and any prior NMFS approval, as well as dates and description 
of last experience, and must be accompanied by information documenting 
successful completion of an acceptable training course. For prospective 
PSOs not previously approved, or for PSOs whose approval is not 
current, NMFS must review and approve PSO qualifications. Resumes must 
be accompanied by relevant documentation of successful completion of 
necessary training.
    NMFS may approve PSOs as conditional or unconditional. A 
conditionally-approved PSO may be one who is trained but has not yet 
attained the requisite experience. An unconditionally-approved PSO is 
one who has attained the necessary experience. For unconditional 
approval, the PSO must have a minimum of 90 days at sea performing the 
role during a geophysical survey, with the conclusion of the most 
recent relevant experience not more than 18 months previous.
    At least one of the visual PSOs aboard the vessel must be 
unconditionally-approved. One unconditionally-approved visual PSO shall 
be designated as the lead for the entire PSO team. This lead should 
typically be the PSO with the most experience, who would coordinate 
duty schedules and roles for the PSO team and serve as primary point of 
contact for the vessel operator. To the maximum extent practicable, the 
duty schedule shall be planned such that unconditionally-approved PSOs 
are on duty with conditionally-approved PSOs.
    At least one PSO aboard each acoustic source vessel must have a 
minimum of 90 days at-sea experience working in the role, with no more 
than eighteen months elapsed since the conclusion of the at-sea 
experience. One PSO with such experience must be designated as the lead 
for the entire PSO team and serve as the primary point of contact for 
the vessel operator. (Note that the responsibility of coordinating duty 
schedules and roles may instead be assigned to a shore-based, third-
party monitoring coordinator.) To the maximum extent practicable, the 
lead PSO must devise the duty schedule such that experienced PSOs are 
on duty with those PSOs with appropriate training but who have not yet 
gained relevant experience.
    PSOs must successfully complete relevant training, including 
completion of all required coursework and passing (80 percent or 
greater) a written and/or oral examination developed for the training 
program.
    PSOs must have successfully attained a bachelor's degree from an 
accredited college or university with a major in one of the natural 
sciences, a minimum of 30 semester hours or equivalent in the 
biological sciences, and at least one undergraduate course in math or 
statistics. The educational requirements may be waived if the PSO has 
acquired the relevant skills through alternate experience. Requests for 
such a waiver shall be submitted to NMFS and must include written 
justification. Alternate experience that may be considered includes, 
but is not limited to (1) secondary education and/or experience 
comparable to PSO duties; (2) previous work experience conducting 
academic, commercial, or government-sponsored marine mammal surveys; 
and (3) previous work experience as a PSO (PSO must be in good standing 
and demonstrate good performance of PSO duties).
    TerraSond must work with the selected third-party PSO provider to 
ensure PSOs have all equipment (including backup equipment) needed to 
adequately perform necessary tasks, including accurate determination of 
distance and bearing to observed marine mammals, and to ensure that 
PSOs are capable of calibrating equipment as necessary for accurate 
distance estimates and species identification. Such equipment, at a 
minimum, shall include:
     At least one thermal (infrared) imagine device suited for 
the marine environment;
     Reticle binoculars (e.g., 7 x 50) of appropriate quality 
(at least one per PSO, plus backups);
     Global Positioning Units (GPS) (at least one plus 
backups);
     Digital cameras with a telephoto lens that is at least 
300-mm or equivalent on a full-frame single lens reflex (SLR) (at least 
one plus backups). The camera or lens should also have an image 
stabilization system;

[[Page 78068]]

     Compass (at least one plus backups);
     Means of communication among vessel crew and PSOs; and
     Any other tools deemed necessary to adequately and 
effectively perform PSO tasks.
    The equipment specified above may be provided by an individual PSO, 
the third-party PSO provider, or the operator, but TerraSond is 
responsible for ensuring PSOs have the proper equipment required to 
perform the duties specified in the IHA.
    The PSOs will be responsible for monitoring the waters surrounding 
the survey vessel to the farthest extent permitted by sighting 
conditions, including shutdown zones, during all HRG survey operations. 
PSOs will visually monitor and identify marine mammals, including those 
approaching or entering the established shutdown zones during survey 
activities. It will be the responsibility of the PSO(s) on duty to 
communicate the presence of marine mammals as well as to communicate 
the action(s) that are necessary to ensure mitigation and monitoring 
requirements are implemented as appropriate.
    PSOs must be equipped with binoculars and have the ability to 
estimate distance and bearing to detect marine mammals, particularly in 
proximity to shutdown zones. Reticulated binoculars must also be 
available to PSOs for use as appropriate based on conditions and 
visibility to support the sighting and monitoring of marine mammals. 
During nighttime operations, night-vision goggles with thermal clip-ons 
and infrared technology must be available for use. Position data would 
be recorded using hand-held or vessel GPS units for each sighting.
    During good conditions (e.g., daylight hours; Beaufort sea state 
(BSS) 3 or less), to the maximum extent practicable, PSOs must also 
conduct observations when the acoustic source is not operating for 
comparison of sighting rates and behavior with and without use of the 
active acoustic sources and between acquisition periods. Any 
observations of marine mammals by crew members aboard the vessel 
associated with the survey would be relayed to the PSO team. Data on 
all PSO observations would be recorded based on standard PSO collection 
requirements (see Proposed Reporting Measures). This would include 
dates, times, and locations of survey operations; dates and times of 
observations, location and weather; details of marine mammal sightings 
(e.g., species, numbers, behavior); and details of any observed marine 
mammal behavior that occurs (e.g., noted behavioral disturbances). 
Members of the PSO team shall consult the NMFS NARW reporting system 
and Whale Alert, daily and as able, for the presence of NARWs 
throughout survey operations.

Proposed Reporting Measures

    TerraSond shall submit a draft summary report to NMFS on all 
activities and monitoring results within 90 days of the completion of 
survey activities or expiration of the IHA, whichever comes sooner. The 
report must describe all activities conducted and sightings of marine 
mammals, must provide full documentation of methods, results, and 
interpretation pertaining to all monitoring, and must summarize the 
dates and locations of survey operations and all marine mammals 
sightings (dates, times, locations, activities, associated survey 
activities). The draft report shall also include geo-referenced, time-
stamped vessel tracklines for all time periods during which acoustic 
sources were operating. Tracklines should include points recording any 
change in acoustic source status (e.g., when the sources began 
operating, when they were turned off, or when they changed operational 
status such as from full array to single gun or vice versa). GIS files 
shall be provided in ESRI shapefile format and include the UTC date and 
time, latitude in decimal degrees, and longitude in decimal degrees. 
All coordinates shall be referenced to the WGS84 geographic coordinate 
system. In addition to the report, all raw observational data shall be 
made available. The report must summarize the information. A final 
report must be submitted within 30 days following resolution of any 
comments on the draft report. All draft and final marine mammal 
monitoring reports must be submitted to 
[email protected] and [email protected].
    PSOs must use standardized electronic data forms to record data. 
PSOs shall record detailed information about any implementation of 
mitigation requirements, including the distance of marine mammal to the 
acoustic source and description of specific actions that ensued, the 
behavior of the animal(s), any observed changes in behavior before and 
after implementation of mitigation, and if shutdown was implemented, 
the length of time before any subsequent ramp-up of the acoustic 
source. If required mitigation was not implemented, PSOs should record 
a description of the circumstances. At a minimum, the following 
information must be recorded:
    1. Vessel name (source vessel), vessel size and type, maximum speed 
capability of vessel;
    2. PSO names and affiliations;
    3. Dates of departures and returns to port with port name;
    4. Date and participants of PSO briefings;
    5. Visual monitoring equipment used;
    6. PSO location on vessel and height of observation location above 
water surface;
    7. Dates and times (Greenwich Mean Time) of survey on/off effort 
and times corresponding with PSO on/off effort;
    8. Vessel location (latitude/longitude) when survey effort begins 
and ends, and vessel location at beginning and end of visual PSO duty 
shifts;
    9. Vessel location at 30-second intervals if obtainable from data 
collection software, otherwise at practical regular interval;
    10. Vessel heading and speed at beginning and end of visual PSO 
duty shifts and upon any line change;
    11. Water depth (if obtainable from data collection software);
    12. Environmental conditions while on visual survey (at beginning 
and end of PSO shift and whenever conditions change significantly), 
including wind speed and direction, Beaufort sea state, Beaufort wind 
force, swell height, weather conditions, cloud cover, sun glare, and 
overall visibility to the horizon;
    13. Factors that may be contributing to impaired observations 
during each PSO shift change or as needed as environmental conditions 
change (e.g., vessel traffic, equipment malfunctions); and
    14. Survey activity information (and changes thereof), such as 
acoustic source power output while in operation, number and volume of 
airguns operating in an array, tow depth of an acoustic source, and any 
other notes of significance (i.e., pre-start clearance, ramp-up, 
shutdown, testing, shooting, ramp-up completion, end of operations, 
streamers, etc.).
    Upon visual observation of any marine mammal, the following 
information must be recorded:
    1. Watch status (sighting made by PSO on/off effort, opportunistic, 
crew, alternate vessel/platform);
    2. Vessel/survey activity at time of sighting (e.g., deploying, 
recovering, testing, shooting, data acquisition, other);
    3. PSO who sighted the animal;
    4. Time of sighting;
    5. Initial detection method;
    6. Sightings cue;
    7. Vessel location at time of sighting (decimal degrees);

[[Page 78069]]

    8. Direction of vessel's travel (compass direction);
    9. Speed of the vessel(s) from which the observation was made;
    10. Identification of the animal (e.g., genus/species, lowest 
possible taxonomic level, or unidentified); also note the composition 
of the group if there is a mix of species;
    11. Species reliability (an indicator of confidence in 
identification);
    12. Estimated distance to the animal and method of estimating 
distance;
    13. Estimated number of animals (high/low/best);
    14. Estimated number of animals by cohort (adults, yearlings, 
juveniles, calves, group composition, etc.);
    15. Description (as many distinguishing features as possible of 
each individual seen, including length, shape, color, pattern, scars or 
markings, shape and size of dorsal fin, shape of head, and blow 
characteristics);
    16. Detailed behavior observations (e.g., number of blows, number 
of surfaces, breaching, spyhopping, diving, feeding, traveling; as 
explicit and detailed as possible; note any observed changes in 
behavior before and after point of closest approach);
    17. Mitigation actions; description of any actions implemented in 
response to the sighting (e.g., delays, shutdowns, ramp-up, speed or 
course alteration, etc.) and time and location of the action;
    18. Equipment operating during sighting;
    19. Animal's closes point of approach and/or closest distance from 
the center point of the acoustic source; and
    20. Description of any actions implemented in response to the 
sighting (e.g., delays, shutdown, ramp-up) and time and location of the 
action.
    If a NARW is observed at any time by PSOs or personnel on any 
project vessels, during surveys or during vessel transit, TerraSond 
must report sighting information to the NMFS North Atlantic Right Whale 
Sighting Advisory System (866-755-6622) within two hours of occurrence, 
when practicable, or no later than 24 hours after occurrence. NARW 
sightings in any location may also be reported to the U.S. Coast Guard 
via channel 16 and through the Whale Alert app (www.whalealert.org).
    In the event that personnel involved in the survey activities 
discover an injured or dead marine mammal, the incident must be 
reported to NMFS as soon as feasible by phone (877-942-5343) and by 
email ([email protected] and 
[email protected]). The report must include the 
following information:
    1. Time, date, and location (latitude/longitude) of the first 
discovery (and updated location information if known and applicable);
    2. Species identification (if known) or description of the 
animal(s) involved;
    3. Condition of the animal(s) (including carcass condition if the 
animal is dead);
    4. Observed behaviors of the animal(s), if alive;
    5. If available, photographs or video footage of the animal(s); and
    6. General circumstances under which the animal was discovered.
    In the event of a ship strike of a marine mammal by any vessel 
involved in the activities covered by the IHA, TerraSond must report 
the incident to the NMFS by phone (877-942-5343) and by email 
([email protected] and [email protected]) as 
soon as feasible. The report would include the following information:
    1. Time, date, and location (latitude/longitude) of the incident;
    2. Species identification (if known) or description of the 
animal(s) involved;
    3. Vessel's speed during and leading up to the incident;
    4. Vessel's course/heading and what operations were being conducted 
(if applicable);
    5. Status of all sound sources in use;
    6. Description of avoidance measures/requirements that were in 
place at the time of the strike and what additional measures were 
taken, if any, to avoid strike;
    7. Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, visibility) immediately preceding the 
strike;
    8. Estimated size and length of animal that was struck;
    9. Description of the behavior of the marine mammal immediately 
preceding and following the strike;
    10. If available, description of the presence and behavior of any 
other marine mammals immediately preceding the strike;
    11. Estimated fate of the animal (e.g., dead, injured but alive, 
injured and moving, blood or tissue observed in the water, status 
unknown, disappeared); and
    12. To the extent practicable, photographs or video footage of the 
animal(s).

Negligible Impact Analysis and Determination

    NMFS has defined negligible impact as an impact resulting from the 
specified activity that cannot be reasonably expected to, and is not 
reasonably likely to, adversely affect the species or stock through 
effects on annual rates of recruitment or survival (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of takes alone is not enough 
information on which to base an impact determination. In addition to 
considering estimates of the number of marine mammals that might be 
``taken'' through harassment, NMFS considers other factors, such as the 
likely nature of any impacts or responses (e.g., intensity, duration), 
the context of any impacts or responses (e.g., critical reproductive 
time or location, foraging impacts affecting energetics), as well as 
effects on habitat, and the likely effectiveness of the mitigation. We 
also assess the number, intensity, and context of estimated takes by 
evaluating this information relative to population status. Consistent 
with the 1989 preamble for NMFS' implementing regulations (54 FR 40338; 
September 29, 1989), the impacts from other past and ongoing 
anthropogenic activities are incorporated into this analysis via their 
impacts on the baseline (e.g., as reflected in the regulatory status of 
the species, population size and growth rate where known, ongoing 
sources of human-caused mortality, or ambient noise levels).
    To avoid repetition, the majority of our analysis applies to all 
the species listed in Table 3, given that many of the anticipated 
effects of this activity on different marine mammal stocks are expected 
to be relatively similar in nature. Where there are meaningful 
differences between species or stocks, as in the case of the NARW, they 
are included as separate sub-sections below. NMFS does not anticipate 
that serious injury or mortality would occur as a result from HRG 
surveys, even in the absence of mitigation, and no serious injury or 
mortality is proposed to be authorized. As discussed in the Potential 
Effects of Specified Activities on Marine Mammals and Their Habitat 
section, non-auditory physical effects, auditory physical effects, and 
vessel strike are not expected to occur. NMFS expects that all 
potential Level B harassment takes would be in the form of temporary 
avoidance of the area or decreased foraging (if such activity was 
occurring), reactions that are considered to be of low severity and 
with no lasting biological consequences (e.g., Southall et al., 2007; 
Ellison et al., 2012). Even repeated Level B harassment of some small 
subset of an overall stock is unlikely to result in any significant

[[Page 78070]]

realized decrease in viability for the affected individuals, and thus 
would not result in any adverse impact to the stock as a whole. As 
described above, Level A harassment is not expected to occur, even 
absent mitigation, given the nature of the operations and the estimated 
size of the Level A harassment zones. In addition to being temporary, 
the ensonified area surrounding the acoustic source is relatively 
small, with a behavioral harassment zone radius of 141 m associated 
with the sparker, as compared to the overall distribution of the 
animals in the area and their use of the habitat.

North Atlantic Right Whales

    The status of the NARW population is of heightened concern and, 
therefore, merits additional analysis. As noted previously, elevated 
NARW mortalities began in June 2017 and there is currently an active 
UME. Overall, preliminary findings support human interactions, 
specifically vessel strikes and entanglements, as the cause of death 
for the majority of NARWs.
    As mentioned earlier, the proposed survey area is within the NARW 
migratory BIA (November 1-April 30), which extends from Massachusetts 
to Florida, from the coast to beyond the shelf break. (LaBrecque et 
al., 2015). This BIA is extensive and sufficiently large (approximately 
269,448 km\2\), and the acoustic footprint of the proposed survey is 
sufficiently small (445.4 km\2\) that NARW migration would not be 
impacted by the proposed survey. If NARWs are temporarily displaced, 
they are expected to be able to resume their migration activities after 
moving away from areas with disturbing levels of noise. Required vessel 
strike avoidance measures in addition to the slow survey speed of the 
vessel (approximately 1.8 m/s or 3.5 knots) would also decrease risk of 
ship strike during migration such that no ship strike is expected to 
occur during TerraSond's proposed activities. Additionally, TerraSond 
would be required to adhere to a 10-knot speed restriction in an active 
SMA, and any DMA(s), should NMFS establish one (or more) in the 
proposed survey area.
    A small portion of the northwest corner of the proposed survey area 
overlaps with the NARW reproduction BIA and the Wilmington, NC to 
Brunswick, GA SMA (November 1 through April). The reproductive BIA is 
large in size (43,783 km\2\) in comparison to the acoustic footprint of 
the proposed survey (454.4 km\2\), thus reproductive opportunities 
would not be reduced appreciably. In addition, TerraSond would adhere 
to the 10-knot speed restriction within the boundaries of the SMA. Due 
to the temporary nature of the disturbance and the availability of 
similar habitat and resources in the surrounding area, the impacts to 
NARWs are not expected to cause significant or long-term consequences 
for individuals of the population. Furthermore, the 500-m shutdown zone 
for NARWs is conservative (considering the distance to the Level B 
harassment isopleth for the acoustic source is estimated to be 141 m), 
and thereby minimizes the potential for behavioral harassment of this 
species.
    Again, Level A harassment is not expected due to the small PTS 
zones associated with HRG equipment type proposed for use. The proposed 
behavioral harassment takes of NARW are not expected to exacerbate or 
compound upon the ongoing UME. The limited NARW behavioral harassment 
takes proposed for authorization are expected to be of a short 
duration, and given the number of estimated takes, repeated exposures 
of the same individual are not expected. As stated previously, it is 
unlikely that NARW migration or reproduction would be adversely 
affected given the relatively small size of the ensonified area during 
TerraSond's proposed survey activities as well as the small degree of 
overlap between the proposed survey area and NARW reproduction BIA. 
Accordingly, NMFS does not anticipate potential take of NARWs that 
would result from TerraSond's proposed activities would impact annual 
rates of recruitment or survival nor result in population level 
impacts.

Other Marine Mammal Species With Active UMEs

    As noted above, there are several active UMEs occurring in the 
vicinity of TerraSond's proposed survey area. Elevated humpback whale 
mortalities have occurred along the Atlantic coast from Maine through 
Florida since January 2016. Of the cases examined, approximately half 
had evidence of human interaction (ship strike or entanglement). The 
UME does not yet provide cause for concern regarding population-level 
impacts. Despite the UME, the relevant population of humpback whales 
(the West Indies breeding population, or DPS) remains stable at 
approximately 12,000 individuals (Hayes et al., 2022).
    As mentioned earlier, a UME has been declared for Northeast 
pinnipeds (including harbor seals and gray seals). However, we do not 
expect takes that may be authorized to exacerbate the ongoing UME. No 
injury, serious injury, or mortality is expected or will be authorized, 
and Level B harassment of humpback whales, harbor seals, and gray seals 
will be reduced through the incorporation of the required mitigation 
measures. For the Western North Atlantic stock of harbor seals, the 
estimated abundance is 61,336 individuals, and the annual M/SI (339) 
for harbor seals is well below PBR (1,729) (Hayes et al., 2022). The 
estimated stock abundance for the U.S. portion of the Western North 
Atlantic gray seal stock is 27,300 animals, and the abundance of gray 
seals is likely increasing in both the U.S. Atlantic as well as in 
Canada (Hayes et al., 2022). Given that only two takes by Level B 
harassment may be authorized for each of these stocks, we do not expect 
these proposed takes to compound upon the ongoing UME.
    The required mitigation measures are expected to reduce the number 
and/or severity of proposed takes for all species listed in Table 3, 
including those with active UMEs, to the level of least practicable 
adverse impact. In particular, ramp-up procedures would provide animals 
in the vicinity of the survey vessel the opportunity to move away from 
the sound source before HRG survey equipment reaches full energy, thus 
preventing them from being exposed to sound levels that have the 
potential to cause injury (Level A harassment) or more severe type of 
Level B harassment. As discussed previously, take by Level A harassment 
(injury) is considered unlikely, even absent mitigation, based on the 
characteristics of the signals produced by the acoustic source planned 
for use. Implementation of the required mitigation would further reduce 
this potential. Therefore, NMFS is not proposing any Level A harassment 
for authorization.
    NMFS expects that takes would be in the form of short-term 
behavioral harassment by way of temporary vacating of the area, or 
decreased foraging (if such activity was occurring)--reactions that (at 
the scale and intensity anticipated here) are considered to be of low 
severity, with no lasting biological consequences. Since both the 
sources and marine mammals are mobile, animals would only be exposed 
briefly to a small ensonified area that might result in take. 
Additionally, required mitigation measures would further reduce 
exposure to sound that could result in more severe behavioral 
harassment.
    In summary and as described above, the following factors primarily 
support our preliminary determination that the impacts resulting from 
this activity are not expected to adversely affect any of

[[Page 78071]]

the species or stocks through effects on annual rates of recruitment or 
survival:
     No serious injury or mortality is anticipated or 
authorized;
     No Level A harassment (PTS) is anticipated, even in the 
absence of mitigation measures, or proposed for authorization;
     Any displacement or avoidance of the survey area is 
expected to be short-term and unlikely to cause significant impacts to 
any populations;
     Impacts on marine mammal habitat are expected to be 
minimal, and alternate areas of similar habitat value are readily 
available;
     Take is anticipated to be by Level B harassment only, 
consisting of brief startling reactions and/or temporary avoidance of 
the survey area;
     Survey activities would occur in such a comparatively 
small portion of the BIA for the NARW migration, including a small 
portion of the reproduction BIA and SMA, that any avoidance of the area 
due to survey activities would not affect migration or reproduction. In 
addition, the mitigation measure to shut down at 500 m to minimize 
potential for Level B harassment would limit both the number and 
severity of take of the species.
     Proposed mitigation measures, including visual monitoring 
and shutdowns, are expected to minimize the intensity of potential 
impacts to marine mammals.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the proposed monitoring and 
mitigation measures, NMFS preliminarily finds that the total marine 
mammal take from the proposed activity will have a negligible impact on 
all affected marine mammal species or stocks.

Small Numbers

    As noted previously, only take of small numbers of marine mammals 
may be authorized under sections 101(a)(5)(A) and (D) of the MMPA for 
specified activities other than military readiness activities. The MMPA 
does not define small numbers and so, in practice, where estimated 
numbers are available, NMFS compares the number of individuals taken to 
the most appropriate estimation of abundance of the relevant species or 
stock in our determination of whether an authorization is limited to 
small numbers of marine mammals. When the predicted number of 
individuals to be taken is fewer than one-third of the species or stock 
abundance, the take is considered to be of small numbers. Additionally, 
other qualitative factors may be considered in the analysis, such as 
the temporal or spatial scale of the activities.
    NMFS proposes to authorize incidental take (by Level B harassment 
only) of 18 marine mammal species (with 19 managed stocks). The total 
amount of takes proposed for authorization relative to the best 
available population abundance is less than 20 percent for all stocks, 
less than 15 percent for 18 stocks, and less than 2 percent for 17 
stocks. Based on the analysis contained herein of the proposed activity 
(including the proposed mitigation and monitoring measures) and the 
anticipated take of marine mammals, NMFS preliminarily finds that small 
numbers of marine mammals would be taken relative to the population 
size of the affected species or stocks.

Unmitigable Adverse Impact Analysis and Determination

    There are no relevant subsistence uses of the affected marine 
mammal stocks or species implicated by this action. Therefore, NMFS has 
determined that the total taking of affected species or stocks would 
not have an unmitigable adverse impact on the availability of such 
species or stocks for taking for subsistence purposes.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (ESA: 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally whenever we propose to authorize take for 
endangered or threatened species.
    NMFS Office of Protected Resources is proposing to authorize take 
of four species of marine mammals which are listed under the ESA, 
including the NARW, humpback whale, fin whale, and sperm whale, and has 
determined that this activity falls within the scope of activities 
analyzed in NMFS GARFO's programmatic consultation regarding 
geophysical surveys along the U.S. Atlantic coast in the three Atlantic 
Renewable Energy Regions (completed June 29, 2021; revised September 
2021).

Proposed Authorization

    As a result of these preliminary determinations, NMFS proposes to 
issue an IHA to TerraSond for conducting marine site characterization 
surveys in federal waters offshore of North Carolina and South Carolina 
in the BOEM Lease Areas OCS-A 0545 and 0546 from February 1, 2023 to 
January 31, 2024, provided the previously mentioned mitigation, 
monitoring, and reporting requirements are incorporated. A draft of the 
proposed 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 analyses, the proposed authorization, and 
any other aspect of this notice of the proposed IHA. We also request 
comment on the potential renewal of this proposed IHA as described in 
the paragraph below. Please include with your comments any supporting 
data or literature citations to help inform decisions on the request 
for this IHA or a 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 activities as described in the Description of Proposed 
Activities section of this notice is planned or (2) the activities as 
described in the Description of Proposed Activities 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); and
     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

[[Page 78072]]

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: December 16, 2022.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2022-27722 Filed 12-20-22; 8:45 am]
BILLING CODE 3510-22-P