Taking and Importing Marine Mammals; Taking Marine Mammals Incidental to Construction of the Maryland Offshore Wind Project Offshore of Maryland, 27463-27464 [2023-09194]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 88, Number 84 (Tuesday, May 2, 2023)]
[Notices]
[Pages 27463-27464]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09194]



[[Page 27463]]

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

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XC748]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Construction of the Maryland Offshore Wind Project 
Offshore of Maryland

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

ACTION: Notice; receipt of application for letter of authorization; 
request for comments and information.

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

SUMMARY: NMFS has received a request from US Wind, Inc. (US Wind) for 
authorization to take small numbers of marine mammals incidental to the 
development of the Maryland Offshore Wind Project (Project) in the 
Bureau of Ocean Energy Management (BOEM) Commercial Lease on the Outer 
Continental Shelf OCS-A 0490 off of Maryland over the course of 5 years 
beginning on January 1, 2025. Pursuant to regulations implementing the 
Marine Mammal Protection Act (MMPA), NMFS is announcing receipt of US 
Wind's request for regulations governing the incidental taking of 
marine mammals. NMFS invites the public to provide information, 
suggestions, and comments on US Wind's application and request.

DATES: Comments and information must be received no later than June 1, 
2023.

ADDRESSES: Comments on the applications should be addressed to Jolie 
Harrison, Chief, Permits and Conservation Division, Office of Protected 
Resources, National Marine Fisheries Service. Physical comments should 
be sent to 1315 East-West Highway, Silver Spring, MD 20910 and 
electronic comments should be sent 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 received electronically, including 
all attachments, must not exceed a 25-megabyte file size. Attachments 
to electronic 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/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable 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. An electronic copy of US Wind's 
application 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

    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 
authorization is provided to the public for review.
    An incidental take authorization shall be granted if NMFS finds 
that the taking will have a negligible impact on the species or 
stock(s), will not have an unmitigable adverse impact on the 
availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth.
    NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an 
impact resulting from the specified activity that cannot be reasonably 
expected to, and is not reasonably likely to, adversely affect the 
species or stock through effects on annual rates of recruitment or 
survival.
    The MMPA states that the term ``take'' means to harass, hunt, 
capture, kill or attempt to harass, hunt, capture, or kill any marine 
mammal.
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance, which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild (Level A harassment); or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering (Level B harassment).

Summary of Request

    On August 31, 2022, NMFS received an application from US Wind 
requesting authorization to take marine mammals incidental to the 
development of the Project in the BOEM Lease Area OCS-A-0490 off of 
Maryland. In response to our comments, and following an extensive 
information exchange with NMFS, US Wind submitted a final revised 
application on March 31, 2023, which we deemed adequate and complete on 
April 3, 2023. US Wind requests the regulations and subsequent Letter 
of Authorization (LOA) be valid for 5 years, beginning on January 1, 
2025.
    US Wind plans to construct the Project in three phases. Maryland 
Wind (phase 1; MarWin) is scheduled to be constructed in 2025; Momentum 
Wind (phase 2) is scheduled to be constructed in 2026; and Future 
Development (phase 3) is scheduled to be constructed in 2027. Each 
phase would include impact installation of wind turbine generators 
(WTG) and offshore substation (OSS) foundations, and inter-array and 
export cable trenching, laying, and burial. In addition, a single 
meteorological (met) tower would be installed during Momentum Wind 
construction. Site characterization surveys would be conducted only 
during the Momentum Wind and Future Development phases. Vessels would 
be used to transport crew, supplies, and materials to the project area 
to support construction. US Wind has determined that a subset of these 
activities (i.e., installing piles using impact pile driving and site 
characterization surveys) may result in the take, by Level A harassment 
and Level B harassment, of marine mammals. Therefore, US Wind requests 
authorization to incidentally take marine mammals.

Specified Activities

    Through a competitive leasing process under 30 CFR 585.211, US Wind 
was awarded Commercial Lease OCS-A 0490, offshore of Maryland, and the 
exclusive rights to submit a construction and operations plan (COP) for 
activities within the lease area. US Wind has submitted a COP to BOEM 
proposing the construction, operation, maintenance, and conceptual 
decommissioning of the Project, which is a commercial-scale offshore 
wind energy facilities within a Lease Area covering approximately 
80,000 acres (323.75 square kilometers (km\2\)) and located 
approximately 18.5 km off the

[[Page 27464]]

coast of Maryland. The Project would consist of a total capacity of up 
to two gigawatts (GW) and US Wind has secured power purchase agreements 
(PPAs) with the state of Maryland for 1,108 megawatts (MW). The Project 
would include MarWin, a wind farm of approximately 300 MW, Momentum 
Wind, consisting of approximately 808 MW, and future development in the 
remainder of the lease area. The Project would consist of up to 114 
wind turbine generators, 4 OSSs, 1 met tower, 2 transmission cables to 
shore making landfall in Delaware, and up to 4 export cables.
    US Wind anticipates the following activities may potentially result 
in the harassment of marine mammals during the effective period of the 
requested regulations and associated LOA:
     Installing up to 114 WTG monopile foundations with a 
maximum diameter of 11 meters (m) using a 4,400 kJ impact hammer;
     Installing up to four OSSs foundation using 11-m monopiles 
driven with a 4,400 kJ impact hammer or jacket foundation comprised of 
3-m pin piles driven with a 1,500 kJ impact hammer, or suction bucket 
foundations;
     Installing one permanent met tower supported by three 1.8-
m pin piles using a 500 kJ impact hammer; and
     Using HRG equipment to survey the Lease Area over 28 days.

Information Solicited

    Interested persons may submit information, suggestions, and 
comments concerning US Wind's request (see ADDRESSES). NMFS will 
consider all information, suggestions, and comments related to the 
request during the development of proposed regulations governing the 
incidental taking of marine mammals by US Wind, if appropriate.

    Dated: April 26, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2023-09194 Filed 5-1-23; 8:45 am]
BILLING CODE 3510-22-P