Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to SouthCoast Wind Energy, LLC's Marine Site Characterization Surveys Off Massachusetts and Rhode Island, 14335-14347 [2023-04691]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 45 (Wednesday, March 8, 2023)]
[Notices]
[Pages 14335-14347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-04691]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC709]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to SouthCoast Wind Energy, LLC's 
Marine Site Characterization Surveys Off Massachusetts and Rhode Island

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

ACTION: Notice; proposed issuance of an Incidental Harassment 
Authorization (IHA); request for comments.

-----------------------------------------------------------------------

SUMMARY: NMFS has received a request from SouthCoast Wind Energy, LLC 
(SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) for 
authorization to take marine mammals incidental to marine site 
characterization surveys offshore of Massachusetts and Rhode Island in 
the area of Commercial Lease of Submerged Lands for Renewable Energy 
Development on the Outer Continental Shelf Lease Area (OCS)-A-0521. The 
activities described in SouthCoast Wind's request, the overall survey 
duration, the project location, and the

[[Page 14336]]

acoustic sources proposed for use are similar in scope as to what was 
previously analyzed in support of the IHA issued by NMFS to SouthCoast 
Wind for the 2021-2022 site characterization surveys (2021 IHA) (86 FR 
38033, July 19, 2021). All proposed mitigation, monitoring, and 
reporting requirements remain the same. While SouthCoast Wind's planned 
activity would qualify for renewal of the 2021 IHA, due to the 
availability of updated marine mammal density data (https://seamap.env.duke.edu/models/Duke/EC/), which NMFS has determined 
represents the best available scientific data, NMFS has determined it 
appropriate to provide a 30-day period for the public to comment on 
this proposed action. Pursuant to the Marine Mammal Protection Act 
(MMPA), NMFS is requesting comments on its proposal to issue an IHA to 
incidentally take marine mammals during the specified activities. NMFS 
is also requesting comments on a possible 1-year renewal IHA 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 authorizations and agency 
responses will be summarized in the final notice of our decision.

DATES: Comments and information must be received no later than April 7, 
2023.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service. Written comments should be submitted 
via email to [email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word or Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.

FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected 
Resources, NMFS, (301) 427-8401. Electronic copies of the original 
application and supporting documents (including NMFS Federal Register 
notices of the original proposed and final authorizations, and the 
previous IHA(s)), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, please call the 
contact listed above.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, a notice of a 
proposed incidental take authorization may be provided to the public 
for review.
    Authorization for incidental takings shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s) and will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for taking for subsistence uses 
(where relevant). Further, NMFS must prescribe the permissible methods 
of taking and other ``means of effecting the least practicable adverse 
impact'' on the affected species or stocks and their habitat, paying 
particular attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to in shorthand as 
``mitigation''); and requirements pertaining to the mitigation, 
monitoring and reporting of such takings are set forth.

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 
notification prior to concluding our NEPA process or making a final 
decision on the IHA request.

History of Request

    On October 23, 2020, NMFS received a request from SouthCoast Wind 
seeking authorization to take of marine mammals incidental to high-
resolution geophysical site characterization surveys (HRG) off 
Massachusetts and Rhode Island in the area of Commercial Lease of 
Submerged Lands for Renewable Energy Development on the Outer 
Continental Shelf Lease Area OCS-A-0521. Within this request, the 
applicant had requested authorization to harass (by Level B harassment 
only) up to 14 species of marine mammals (comprising 13 cetacean 
species and 1 collective pinniped guild). NMFS published notice of the 
proposed IHA in the Federal Register on March 1, 2021 (86 FR 11930). 
Following publication of the proposed IHA notice, SouthCoast Wind 
adjusted the proposed survey routes and submitted a modified IHA 
application to NMFS on April 19, 2021. Based on this modified 
application, an updated notice of proposed IHA was published in the 
Federal Register on May 20, 2021 (86 FR 27393). NMFS subsequently 
issued an IHA that was effective for a period of one year, from July 1, 
2021 through June 30, 2022 (86 FR 38033; July 19, 2021). SouthCoast 
Wind submitted a marine mammal monitoring report and complied with all 
the requirements (e.g., mitigation, monitoring, and reporting) of the 
previous IHA. Information regarding their monitoring results has been 
taken into consideration for the Estimated Take section. This 
monitoring report can be found on NMFS' website: https://www.fisheries.noaa.gov/action/incidental-take-authorization-mayflower-wind-energy-llc-marine-site-characterization-0.
    On November 16, 2022, SouthCoast Wind submitted an application for 
a renewal IHA in order to complete the

[[Page 14337]]

remaining subset of the planned survey activity that could not be 
completed under the 2021 IHA. This request is for take of a small 
numbers of 15 species of marine mammals, (comprising 13 cetacean and 2 
pinniped species), by Level B harassment only. Neither SouthCoast Wind, 
nor NMFS expect serious injury or mortality to result from this 
activity. Take by Level A harassment (injury) is considered unlikely, 
even absent mitigation, based on the characteristics of the signals 
produced by the acoustic sources planned for use.
    Since Duke University's Marine Geospatial Ecology Laboratory 
(https://seamap.env.duke.edu/models/Duke/EC/) finalized updated marine 
mammal density information on June 20, 2022 for all species NMFS 
determined that IHA renewal is not appropriate in this circumstance. 
However, given that the activity would otherwise qualify for a renewal 
of the initial IHA, i.e., the scope of the activities, the survey 
location, the acoustic source use, and the level of impact expected to 
occur (i.e., Level B harassment only) remain the same, NMFS relies 
substantially herein on the information previously presented in notices 
associated with issuance of the initial IHA. (86 FR 11930, March 1, 
2021; 86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 2021). Following 
additional discussions with NMFS, SouthCoast Wind submitted an updated 
request for a standard IHA on January 13, 2023 rather than a renewal 
IHA. The updated application was deemed adequate and complete on 
January 24, 2023.
    SouthCoast Wind's current request covers the same activities (using 
the same sound sources), in the same location, and the mitigation, 
monitoring, and reporting requirements are unchanged. The only changes 
are that the total number of survey days have been reduced, the number 
of vessels performing survey activities have been reduced, reduction in 
the assumed survey distance per day, and a reduction in total survey 
trackline as described in greater detail below.

Description of the Proposed Activity

Overview

    SouthCoast Wind proposes to conduct geotechnical and high-
resolution geophysical (HRG) surveys in the Lease Area OCS-A-0521 and 
along potential submarine export cable routes (ECRs) to landfall 
locations in Falmouth, Massachusetts and Narragansett Bay, Rhode 
Island. The purpose of the proposed surveys are to acquire high 
resolution geophysical (HRG) and geotechnical 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 within the Lease Area 
and along the proposed ECR corridor. Three survey vessels may operate 
concurrently as part of the proposed surveys running at a maximum speed 
of 3 to 4 knots (3.5 to 4.6 miles per hour). Additionally, a shallow-
water vessel may survey the nearshore areas of the project location, 
but this would only occur during daylight hours and for a maximum of 
12-hours daily. Underwater sound resulting from SouthCoast Wind's 
proposed activities, specifically the HRG surveys, have the potential 
to result in incidental take of marine mammals in the form of 
behavioral harassment (i.e., Level B harassment). SouthCoast is 
requesting issuance of an IHA authorizing the take, by Level B 
harassment only, of 15 species of marine mammals incidental to marine 
site characterization surveys, specifically in association with the use 
of HRG survey equipment.

Dates and Duration

    The estimated duration of the planned HRG survey activity is 114 
total survey days over the course of a year (Table 1). As multiple 
vessels (i.e., two survey vessels and a shallow-water vessel) may be 
operating concurrently across the proposed project area, each day that 
a single survey vessel is operating counts as a single survey day. For 
example, if two vessels are operating with one in a single export cable 
route and one in the Lease Area, concurrently, this would count as two 
survey days. SouthCoast Wind's survey schedule is based on 24-hours of 
operations throughout 12 months. The schedule presented here for this 
proposed project has accounted for potential down time due to inclement 
weather or other project-related delays.

Table 1--Number of Survey Days That SouthCoast Wind Plans To Perform the
                     Described HRG Survey Activities
------------------------------------------------------------------------
                                                              Number of
                                                               days of
                      Survey location                           active
                                                               acoustic
                                                              source use
------------------------------------------------------------------------
Lease Area.................................................           39
Export Cable Routes........................................           75
                                                            ------------
    Total Number of Days...................................          114
------------------------------------------------------------------------

Specific Geographic Region

    SouthCoast Wind's proposed activities would occur in the Northwest 
Atlantic Ocean within Federal and state waters off Massachusetts and 
Rhode Island (see Figure 1). Surveys would occur in the Lease Area and 
potential ECRs to landfall locations in Falmouth, Massachusetts and 
Narragansett Bay, Rhode Island in and around OCS-A-0521. The survey 
area is the same as that previously described in the application for 
the 2021 IHA (86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 2021), 
consisting of approximately 127,388 acres (515.5 square kilometers 
(km\2\)) and extends approximately 20 nautical miles (nm; 23.6 miles 
(mi); 38 kilometers (km)) offshore. Water depths in the Lease Area are 
approximately 38-62 meters (m).

[[Page 14338]]

[GRAPHIC] [TIFF OMITTED] TN08MR23.000

Detailed Description of the Action

    A detailed description of the proposed survey activities can be 
found in the previous Federal Register notices and documents associated 
with the initial issued IHA (86 FR 27393, May 20, 2021; 86 FR 38033, 
July 19, 2021). The survey location (the full area of OCS-A-0521, the 
ECRs, and some of the surrounding area) and the nature of the 
activities that could cause take of marine mammals (high-resolution 
geophysical surveys), including the types of acoustic sources planned 
for use (boomers, sparkers, and CHIRPs),

[[Page 14339]]

are identical to those described in the previous notices for the 2021 
IHA. Differences include a reduction in planned survey effort (114 
survey days versus 471 survey days in the prior survey plan), a reduced 
number of active vessels surveying concurrently (up to three vessels 
versus four vessels for the prior survey), reduction in assumed survey 
distance per day (50 km per day in the Lease Area (versus 80 km in the 
previous survey) and 20 km per day in the ECRs (versus 15-60 km per day 
in the previous survey, depending on water depth in the ECR)), and a 
reduction in total survey trackline (3,450 km versus the 15,350 from 
the previous surveys). Of the total survey trackline for this proposed 
IHA, 1,950 km would occur in the Lease Area and 1,500 km in the ECRs. 
Please see the previous notices for a detailed description of the 
planned survey activity (86 FR 27393, May 20, 2021; 86 FR 38033, July 
19, 2021).
    Geotechnical surveys are planned to occur and would consist of the 
same activities previously described by SouthCoast Wind in its 
application for the 2021 IHA (86 FR 11930, March 1, 2021; 86 FR 27393, 
May 20, 2021; 86 FR 38033, July 19, 2021; i.e., vibracores, seabed cone 
penetration tests (CPTs), and boreholes). Consistent with NMFS' 
previous analysis of these activities, no take of marine mammals is 
expected to occur as a result of geotechnical survey activities. As a 
result, these activities will not be discussed further herein.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities, 
which remains applicable to this proposed IHA, can be found in the 
previous documents and notices for the 2021 IHA (86 FR 27393, May 20, 
2021; 86 FR 38033, July 19, 2021). In addition, Atlantic spotted 
dolphin (Stenella frontalis), for which take was not previously 
authorized based on the analysis supporting issuance of SouthCoast 
Wind's 2021 IHA, is addressed in this notice. For this species, other 
IHA-holders performing HRG surveys in the region have recorded 
observations of this species (see the 2019-2020 monitoring report for 
the Orsted Wind Power North America, LLC project off New York to 
Massachusetts on NMFS' website). SouthCoast Wind's use of the new 
density data (Roberts and Halpin, 2022) also produces estimated 
exposures greater than zero for the species, which differs from the 
previous analysis supporting the 2021 IHA which did not include 
authorized takes for Atlantic spotted dolphin. Previously available 
density information indicated that the species are typically found 
further south than the Project Area (86 FR 11930, March 1, 2021).
    For all other marine mammal species likely to be found within the 
project area and upon reviewing the most recent Stock Assessment 
Reports (draft 2022 U.S. Atlantic and Gulf of Mexico Marine Mammal SAR; 
available on NMFS' website at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments), up-to-date 
information on any relevant Unusual Mortality Events (UMEs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-unusual-mortality-events), and recent scientific literature, NMFS has 
determined that no new information affects the original analysis 
supporting issuance of the 2021 IHA. This information is available in 
Table 2.

                 Table 2--Marine Mammals Likely To Occur in the Project Area That May Be Affected by SouthCoast Wind's Proposed Activity
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                         ESA/MMPA status;    Stock abundance (CV,
             Common name                  Scientific name               Stock             strategic (Y/N)      Nmin, most recent     PBR \3\   Annual M/
                                                                                                \1\          abundance survey) \2\               SI \3\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 Order Artiodactyla--Cetacea--Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae:
    North Atlantic Right Whale......  Eubalaena glacialis....  Western North Atlantic.  E, D, Y             338 (0, 332, 2020)....        0.7        8.1
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
    Minke Whale.....................  Balaenoptera             Canadian Eastern         -, -, N             21,968 (0.31; 17,002;         170       10.6
                                       acutorostrata.           Coastal.                                     2016).
    Sei Whale.......................  Balaenoptera borealis..  Nova Scotia............  E, D, Y             6,292 (1.02; 3,098;           6.2        0.8
                                                                                                             2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                  Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
    Sperm Whale.....................  Physeter macrocephalus.  North Atlantic.........  E, D, Y             4,349 (0.28; 3451;            3.9          0
                                                                                                             2016).
Family Delphinidae:
    Atlantic Spotted Dolphin........  Stenella frontalis.....  Western North Atlantic.  -, -, N             39,921 (0.27; 32,032;         320          0
                                                                                                             2016).
    Atlantic White-Sided Dolphin....  Lagenorhynchus acutus..  Western North Atlantic.  -, -, N             93,233 (0.71; 54,443;         544         27
                                                                                                             2016).
    Bottlenose Dolphin..............  Tursiops truncatus.....  Western North Atlantic-- -, -, N             62,851 b (0.23;               519         28
                                                                Offshore.                                    51,914; 2016).
    Long-Finned Pilot Whale.........  Globicephala melas.....  Western North Atlantic.  -, -, N             39,215 (0.3; 30,627;          306         29
                                                                                                             2016).
    Risso's Dolphin.................  Grampus griseus........  Western North Atlantic.  -, -, N             35,215 (0.19; 30,051;         301         34
                                                                                                             2016).
    Common Dolphin..................  Delphinus delphis......  Western North Atlantic.  -, -, N             172,947 (0.21;               1452        390
                                                                                                             145,216; 2016).
Family Phocoenidae (porpoises):
    Harbor Porpoise.................  Phocoena phocoena......  Gulf of Maine/Bay of     -, -, N             95,543 (0.31; 74,034;         851        164
                                                                Fundy.                                       2016).
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Order Carnivora--Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
  Family Phocidae (earless seals):
    Gray Seal \4\...................  Halichoerus grypus.....  Western North Atlantic.  -, -, N             27,300 (0.22; 22,785;        1389       4453
                                                                                                             2016).

[[Page 14340]]

 
    Harbor Seal.....................  Phoca vitulina.........  Western North Atlantic.  -, -, N             61,336 (0.08; 57,637;        1729        339
                                                                                                             2018).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\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 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: www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-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' gray seal stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in
  Canada) is approximately 450,000. The annual mortality and serious injury (M/SI) value given is for the total stock.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activities 
on marine mammals and their habitat may be found in the documents 
supporting the initial IHA (86 FR 11930, March 1, 2021; 86 FR 27393, 
May 20, 2021; 86 FR 38033, July 19, 2021). At present, there is no new 
information on potential effects that would impact our analysis.

Estimated Take

    A detailed description of the acoustic sources planned for use and 
the methods used to estimate take anticipated to occur incidental to 
the project is found in the previous Federal Register notices (86 FR 
11930, March 1, 2021; 86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 
2021). The acoustic sources that may result in take, as well as the 
associated source levels, estimated isopleth distances to the 160 dB 
Level B harassment threshold (maximum of 141 m), resulting estimated 
ensonified areas, and the methods of take estimation, including the use 
of group size adjustments and Protected Species Observer (PSO) data, 
remain applicable to this proposed authorization and are unchanged from 
those described for the 2021 IHA. Therefore, this information is not 
repeated here and we refer the reader to the previous notices for 
detailed descriptions (86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 
2021). The only exception to this is the incorporation of newly updated 
density information (Roberts et al., 2016; Roberts and Halpin, 2022), 
available online at: https://seamap.env.duke.edu/. We refer the reader 
to Tables 1 and 2 in the ITA Request from SouthCoast Wind for specific 
density values used in the analysis, as found on our website (https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable).
    The take that NMFS proposes for authorization can be found below in 
Table 3. Table 3 presents the results of SouthCoast's density-based 
calculations, estimated potential take numbers based on observational 
data presented in region-specific PSO reports, and mean group sizes 
from both NMFS' Atlantic Marine Assessment Program for Protected 
Species (AMAPPS) survey data and references presented by SouthCoast in 
its application. The largest value for each species, across these 
sources, is proposed for authorization. For comparative purposes, we 
have provided the take that was previously authorized in the 2021 IHA 
(86 FR 38033, July 19, 2021). NMFS notes that take by Level A 
harassment was not requested, nor does NMFS anticipate that it could 
occur. Therefore, NMFS has not proposed to authorize any take by Level 
A harassment. No mortality or serious injury is anticipated to occur or 
proposed for authorization.

[[Page 14341]]



                             Table 3--Total Estimated Take, by Level B Harassment Only, Relative to Population Size for SouthCoast Wind's Proposed 2023 HRG Surveys
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                     Total                       Mean group size          Take           Proposed 2023 IHA
                                                                                                    density-     PSO data  --------------------------  authorized ------------------------------
       Marine mammal species             Scientific name              Stock           Estimated      based         take                                  under       Take proposed    Percentage
                                                                                      population   calculated    estimate    SouthCoast     AMAPPS      previous          for          of stock
                                                                                                      take                      Wind                    2021 IHA     authorization    abundance
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Mysticetes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Fin Whale..........................  Balaenoptera physalus.  Western North Atlantic        6,802          3.0          6.5          1.8         1.25            6                 7          0.1
Humpback Whale.....................  Megaptera novaeangliae  Gulf of Maine.........        1,396          2.3         55.3          2.0          1.6           33                55         3.94
Minke Whale........................  Balaenoptera            Canadian Eastern             21,968         12.9         12.1          1.2         1.12           14                13         0.06
                                      acutorostrata.          Coastal.
North Atlantic Right Whale.........  Eubalaena glacialis...  Western North Atlantic          338          5.5          0.2          2.4         1.58            9                 6         1.78
Sei Whale..........................  Balaenoptera borealis.  Nova Scotia...........        6,292          1.3          1.0          1.6         1.21            6                 2         0.03
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                           Odontocetes
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Atlantic Spotted Dolphin...........  Stenella frontalis....  Western North Atlantic       39,921          3.5  ...........           29         24.2      \a\ n/a                29         0.07
Atlantic White-sided Dolphin.......  Lagenorhynchus acutus.  Western North Atlantic       93,233         24.4  ...........         27.9         12.2           57                28         0.03
Bottlenose Dolphin.................  Tursiops truncatus....  Western North                62,851         12.8        151.9          7.8          9.9          536               152         0.24
                                                              Atlantic--Offshore.
Common Dolphin.....................  Delphinus delphis.....  Western North Atlantic      172,947        198.8      2,093.7         34.9         30.2        1,969             2,094         1.21
Harbor Porpoise....................  Phocoena phocoena.....  Gulf of Maine/Bay of         95,543         83.2          0.2          2.7          2.5           46                83         0.09
                                                              Fundy.
Long-finned Pilot Whale............  Globicephala melas....  Western North Atlantic       39,215          1.7          4.4          8.4          8.2           27                 8         0.02
Risso's Dolphin....................  Grampus griseus.......  Western North Atlantic       35,215          2.0            -          5.4          7.3           18                 7         0.01
Sperm Whale........................  Physeter macrocephalus  N Atlantic............        4,349          0.9          0.3          1.5          1.7            6                 2         0.04
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                            Pinnipeds
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Harbor Seal........................  Phoca vitulina........  Western North Atlantic       61,336         74.2          2.3          1.4      \c\ n/a      \b\ n/a                74         0.12
Gray Seal..........................  Halichoerus grypus....  Western North Atlantic   \d\ 27,300        166.7         38.7          1.4      \c\ n/a      \b\ n/a               167     \d\ 0.04
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ No takes for this species were authorized in the 2021 IHA (86 FR 38033, July 19, 2021).
\b\ In the 2021 IHA (86 FR 38033, July 19, 2021), both seal species were combined into a single guild of 718 total authorized takes.
\c\ No AMAPPS data was available for seals.
\d\ NMFS' stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is approximately 451,600. This value was used
  in the percentage of stock abundance estimated to be taken by the proposed project.


[[Page 14342]]

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures are 
similar to those described in the Federal Register notice announcing 
issuance of the 2021 IHA (86 FR 38033, July 19, 2021; with the 
exception discussed below), and the discussion of the least practicable 
adverse impact included in that document remains accurate.
    Following issuance of the 2021 IHA to SouthCoast Wind, NMFS' 
Greater Atlantic Regional Fisheries Office (GARFO) concluded a 
programmatic informal consultation regarding wind energy development-
related surveys conducted in three Atlantic Renewable Energy Regions 
(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). Therefore, in addition to the mitigation, monitoring, 
and reporting measures prescribed through the 2021 IHA, SouthCoast Wind 
would be required to adhere to relevant Project Design Criteria (PDC) 
described in the GARFO consultation document (specifically PDCs 4, 5, 
and 7). The following measures are proposed for inclusion in this IHA: 
Visual Monitoring and Shutdown Zones.
    NMFS-approved visual observers must be used. 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 
(i.e., 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 the 
sparker source ceases.
    Visual PSOs shall coordinate to ensure 360[deg] visual coverage 
around each vessel from the most appropriate observation posts and 
shall conduct visual observations using binoculars and the naked eye 
while free from distractions and in a consistent, systematic, and 
diligent manner. PSOs shall establish and monitor applicable 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 meters) is defined for North Atlantic right whales. For 
all other marine mammals, the shutdown zone encompasses a standard 
distance of 100 meters (0-100 meters). 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 pre-start clearance observation (30 
minutes) 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 (individual 
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 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 must use best professional judgment in 
making the decision to call for a shutdown.
     Ramp-up must not be initiated if any marine mammal to 
which the prestart 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

[[Page 14343]]

applicable shutdown zone. For any longer shutdown, pre-start clearance 
observation and ramp-up are required.
Shutdown
    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 must 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 would 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, or alter 
course, as appropriate and regardless of vessel size, to avoid striking 
any marine mammal. A single marine mammal at the surface may indicate 
the presence of submerged animals in the vicinity of the vessel; 
therefore, precautionary measures should always be exercised. A visual 
observer aboard the vessel must monitor a vessel strike avoidance zone 
around the vessel (species-specific distances detailed 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 marine mammal from other phenomena and (2) broadly to 
identify a marine mammal as a right whale, other whale (defined in this 
context as sperm whales or baleen whales other than right whales), or 
other marine mammals.
     All vessels, regardless of size, must observe a 10-knot 
speed restriction in specific areas designated by NMFS for the 
protection of North Atlantic right whales from vessel strikes. These 
include all Seasonal Management Areas (SMA) (when in effect), any 
dynamic management areas (DMA) (when in effect), and Slow Zones. See 
www.fisheries.noaa.gov/national/endangered-species-conservation/reducing-shipstrikes-north-atlantic-right-whales for specific detail 
regarding these areas.
     Vessel speeds must also be reduced 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 right whales. If a right whale 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 shall 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 towing gear 
or any vessel that is navigationally constrained.
    Members of the PSO team will consult NMFS' North Atlantic right 
whale reporting system and Whale Alert, daily and as able, for the 
presence of North Atlantic right whales throughout survey operations, 
and for the establishment of DMAs and/or Slow Zones. It is SouthCoast 
Wind's responsibility to maintain awareness of the establishment and 
location of any such areas and to abide by these requirements 
accordingly.
    SouthCoast Wind must use independent, dedicated, trained PSOs, 
meaning that the PSOs must be employed by a third-party observer 
provider, must 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 mammal and mitigation 
requirements (including brief alerts regarding maritime hazards), and 
must have successfully completed an approved PSO training course 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.
    PSO names must be provided to NMFS by the operator for review and 
confirmation of their approval for specific roles prior to commencement 
of the survey. For prospective PSOs not previously approved, or for 
PSOs whose approval is not current, NMFS must review and approve PSO 
qualifications. Resumes should include information related to relevant 
education, experience, and training, including dates, duration, 
location, and description of prior PSO experience.

[[Page 14344]]

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
    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).
    SouthCoast Wind 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;
     Equipment necessary for accurate measurement of distances 
to marine mammal;
     Compasses (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 SouthCoast Wind 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 should 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. 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).
    SouthCoast Wind shall submit a draft summary report on all 
activities and monitoring results within 90 days of the completion of 
the survey 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, timestamped 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

[[Page 14345]]

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. Dates of departures and returns to port with port name;
    3. PSO names and affiliations;
    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 (decimal degrees) 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 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 BSS and any other relevant weather conditions including cloud 
cover, fog, sun glare, and overall visibility to the horizon;
    13. Factors that may contribute to impaired observations during 
each PSO shift change or as needed as environmental conditions change 
(e.g., vessel traffic, equipment malfunctions).
    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.).
    15. Upon visual observation of any marine mammal, the following 
information must be recorded:
    a. Watch status (sighting made by PSO on/off effort, opportunistic, 
crew, alternate vessel/platform);
    b. Vessel/survey activity at time of sighting (e.g., deploying, 
recovering, testing, shooting, data acquisition, other);
    c. PSO who sighted the animal;
    d. Time of sighting;
    e. Initial detection method;
    f. Sightings cue;
    g. Vessel location at time of sighting (decimal degrees);
    h. Direction of vessel's travel (compass direction);
    i. Speed of the vessel(s) from which the observation was made;
    j. 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;
    k. Species reliability (an indicator of confidence in 
identification);
    l. Estimated distance to the animal and method of estimating 
distance; m. Estimated number of animals (high/low/best);
    m. Estimated number of animals by cohort (adults, yearlings, 
juveniles, calves, group composition, etc.);
    n. 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);
    o. Detailed behavior observations (e.g., number of blows/breaths, 
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);
    p. 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;
    q. Equipment operating during sighting;
    r. Animal's closest point of approach and/or closest distance from 
the center point of the acoustic source; and
    s. 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 North Atlantic right whale is observed at any time by PSOs or 
personnel on the project vessel, during surveys or during vessel 
transit, SouthCoast Wind must report the sighting information to the 
NMFS North Atlantic Right Whale Sighting Advisory System (866-755-6622) 
within 2 hours of occurrence, when practicable, or no later than 24 
hours after occurrence. North Atlantic right whale sightings in any 
location may also be reported to the U.S. Coast Guard via channel 16 
and through the WhaleAlert 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 (866-755-6622) 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, SouthCoast Wind must report the incident to 
NMFS by phone (866-755-6622) and by email ([email protected] 
and [email protected]) as soon as feasible. The report 
must 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/or 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

[[Page 14346]]

water, status unknown, disappeared); and,
    12. To the extent practicable, photographs or video footage of the 
animal(s).

Preliminary Determinations

    SouthCoast Wind's HRG survey activities are unchanged from those 
analyzed in support of the 2021 IHA, with the exception of reductions 
in survey effort and vessels. The effects of the activity, taking into 
consideration the proposed mitigation and related monitoring measures, 
remain unchanged from those evaluated in support of the 2021 IHA, 
regardless of the minor increases in estimated take numbers for some 
marine mammal species and/or stocks. Specifically, only Level B 
harassment is proposed for authorization, which NMFS expects would be 
of a lower severity, predominately in the form of avoidance of the 
sound sources that may cause a temporary abandonment of the location 
during active source use that may result in a temporary interruption of 
foraging activities for some species. However, NMFS does not expect 
that this effect will long-term or permanent as the acoustic source 
would be mobile and leave the area within a specific amount of time for 
which the animals could return to the area. Even considering the 
increased estimated take for some species, the impacts of these lower 
severity exposures are not expected to accrue to a degree that the 
fitness of any individuals would be impacted, and therefore, no impacts 
on the annual rates of recruitment or survival would result.
    As discussed in the previous Federal Register notices (86 FR 27393, 
May 20, 2021; 86 FR 38033, July 19, 2021), SouthCoast Wind's project 
would occur approximately 50 miles (80.5 km) west of the feeding BIAs 
for North Atlantic right whales (February-April) and sei whales (May-
November) and approximately 40 miles west of feeding BIAs for humpback 
whales (March-December) and fin whales (March-October). The 
Narragansett Bay cable route corridor is located just to the north of 
another fin whale BIA (March-October) south of Martha's Vineyard. These 
BIAs are extensive and sufficiently large (705 km\2\ and 3,149 km\2\ 
for North Atlantic right whales; 47,701 km\2\ for humpback whales; 
2,933 km\2\ for fin whales; and 56,609 km\2\ for sei whales), and the 
acoustic footprint of the planned survey is sufficiently small (141 m 
using the sparker), such that feeding opportunities for these whales 
would not be reduced appreciably. Furthermore, given SouthCoast Wind's 
reduced vessel presence, the reduced daily vessel tracks, and the 
reduced number of days for the project, NMFS expects any impacts from 
this project to be less than were expected in association with the 
previous 2021-2022 project.
    NMFS has also reviewed current information regarding active UMEs 
and important habitat, and finds that the discussion provided for the 
2021 IHA remains applicable to this proposed IHA. Therefore, in 
conclusion, there is no new information suggesting that our analysis or 
findings should change.
    Based on the information contained here and in the referenced 
documents, NMFS has preliminarily determined the following: (1) the 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the proposed 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the proposed authorized takes represent 
small numbers of marine mammals relative to the affected stock 
abundances; (4) SouthCoast Wind's activities will not have an 
unmitigable adverse impact on taking for subsistence purposes as no 
relevant subsistence uses of marine mammals are implicated by this 
action, and (5) appropriate monitoring and reporting requirements are 
included.

Endangered Species Act (ESA)

    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 Office of Protected Resources (OPR) consults internally whenever 
we propose to authorize take for endangered or threatened species.
    NMFS OPR is proposing to authorize the incidental take of five 
species of marine mammals which are listed under the ESA, including the 
North Atlantic right, blue, fin, sei, 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 SouthCoast Wind for conducting HRG surveys off 
Massachusetts and Rhode Island in and around OCS-A-0521, 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/permit/incidental-take-authorizations-under-marine-mammal-protection-act.

Request for Public Comments

    We request comment on our analyses (included in both this document 
and the referenced documents supporting the 2021 IHA (86 FR 11930, 
March 1, 2021; 86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 2021)), 
this proposed authorization, and any other aspect of this notice of 
proposed IHA for the proposed site characterization surveys. We also 
request comment on the potential for 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 our final 
decision on the request for MMPA authorization.
    On a case-by-case basis, NMFS may issue a one-time, one-year 
renewal IHA following notice to the public providing an additional 15 
days for public comments when (1) up to another year of identical or 
nearly identical, or nearly identical, activities as described in the 
Description of the Proposed Activity and Anticipated Impacts section of 
this notice is planned or (2) the activities as described in the 
Description of the Proposed Activity and Anticipated Impacts section of 
this notice would not be completed by the time the IHA expires and a 
renewal would allow for completion of the activities beyond that 
described in the Dates and Duration section of this notice, provided 
all of the following conditions are met:
     A request for renewal is received no later than 60 days 
prior to the needed renewal IHA effective date (recognizing that the 
renewal IHA expiration date cannot extend beyond one year from 
expiration of the initial IHA).
     The request for renewal must include the following:
    (1) An explanation that the activities to be conducted under the 
requested renewal IHA are identical to the activities analyzed under 
the initial IHA, are a subset of the activities, or include changes so 
minor (e.g., reduction in pile size) that the changes do not affect the 
previous analyses,

[[Page 14347]]

mitigation and monitoring requirements, or take estimates (with the 
exception of reducing the type or amount of take).
    (2) A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
     Upon review of the request for renewal, the status of the 
affected species or stocks, and any other pertinent information, NMFS 
determines that there are no more than minor changes in the activities, 
the mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.

    Dated: March 2, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-04691 Filed 3-7-23; 8:45 am]
BILLING CODE 3510-22-P