Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys Off the Coast of Delaware, 30278-30280 [2023-09947]
Download as PDF
<![CDATA[
ddrumheller on DSK120RN23PROD with NOTICES1
30278
Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Notices
FURTHER INFORMATION CONTACT) to
request an invitation providing webinar
access information. Please request
webinar invitations at least 24 hours in
advance of each webinar.
SEDAR address: 4055 Faber Place
Drive, Suite 201, North Charleston, SC
29405.
FOR FURTHER INFORMATION CONTACT: Julie
A. Neer, SEDAR Coordinator; phone:
(843) 571–4366; email: Julie.neer@
safmc.net.
SUPPLEMENTARY INFORMATION: The Gulf
of Mexico, South Atlantic, and
Caribbean Fishery Management
Councils, in conjunction with NOAA
Fisheries and the Atlantic and Gulf
States Marine Fisheries Commissions
have implemented the Southeast Data,
Assessment and Review (SEDAR)
process, a multi-step method for
determining the status of fish stocks in
the Southeast Region. SEDAR is a multistep process including: (1) Data
Workshop; (2) Assessment Process
utilizing webinars; and (3) Review
Workshop. The product of the Data
Workshop is a data report that compiles
and evaluates potential datasets and
recommends which datasets are
appropriate for assessment analyses.
The product of the Assessment Process
is a stock assessment report that
describes the fisheries, evaluates the
status of the stock, estimates biological
benchmarks, projects future population
conditions, and recommends research
and monitoring needs. The assessment
is independently peer reviewed at the
Review Workshop. The product of the
Review Workshop is a Summary
documenting panel opinions regarding
the strengths and weaknesses of the
stock assessment and input data.
Participants for SEDAR Workshops are
appointed by the Gulf of Mexico, South
Atlantic, and Caribbean Fishery
Management Councils and NOAA
Fisheries Southeast Regional Office,
HMS Management Division, and
Southeast Fisheries Science Center.
Participants include data collectors and
database managers; stock assessment
scientists, biologists, and researchers;
constituency representatives including
fishermen, environmentalists, and
NGO’s; International experts; and staff
of Councils, Commissions, and state and
federal agencies.
The items of discussion for the
webinar are as follows:
Participants will discuss modeling
approaches for use in the assessment of
Gulf of Mexico red snapper.
Although non-emergency issues not
contained in this agenda may come
before this group for discussion, those
issues may not be the subject of formal
VerDate Sep<11>2014
17:07 May 10, 2023
Jkt 259001
action during this meeting. Action will
be restricted to those issues specifically
identified in this notice and any issues
arising after publication of this notice
that require emergency action under
section 305(c) of the Magnuson-Stevens
Fishery Conservation and Management
Act, provided the public has been
notified of the intent to take final action
to address the emergency.
Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to the
Council office (see ADDRESSES) at least
10 business days prior to each
workshop.
Note: The times and sequence specified in
this agenda are subject to change.
Authority: 16 U.S.C. 1801 et seq.
Dated: May 8, 2023.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–10079 Filed 5–10–23; 8:45 am]
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XC892]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Marine Site
Characterization Surveys Off the Coast
of Delaware
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from ;rsted Wind Power North
America, LLC (;rsted) and its
designees, Garden State Offshore
Energy, LLC (Garden State) and Skipjack
Offshore Energy, LLC (Skipjack), for the
re-issuance of a previously issued
incidental harassment authorization
(IHA) with the only change being
effective dates. The initial IHA
authorized take of marine mammals
incidental to marine site
characterization surveys in coastal
waters off of Delaware and New Jersey.
The project has been delayed and none
of the work covered in the initial IHA
has been conducted. The scope of the
activities and anticipated effects remain
the same, authorized take numbers are
SUMMARY:
PO 00000
Frm 00003
Fmt 4703
not changed, and the required
mitigation, monitoring, and reporting
remains the same as included in the
initial IHA. NMFS is, therefore, issuing
a second identical IHA to cover the
incidental take analyzed and authorized
in the initial IHA.
DATES: This authorization is effective
from May 10, 2023, through May 9,
2024. The initial IHA was effective from
May 10, 2022, through May 9, 2023.
;rsted has requested issuance with new
effective dates of May 10, 2023, through
May 9, 2024.
ADDRESSES: An electronic copy of the
final 2022 IHA previously issued to
;rsted, ;rsted’s application, and the
Federal Register notices proposing and
issuing the initial IHA may be obtained
by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-orstedwind-power-north-america-llc-marinesite. In case of problems accessing these
documents, please call the contact listed
below (see FOR FURTHER INFORMATION
CONTACT).
Sfmt 4703
Alyssa Clevenstine, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (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 authorization for incidental
takings 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.
E:\FR\FM\11MYN1.SGM
11MYN1
Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Notices
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).
ddrumheller on DSK120RN23PROD with NOTICES1
Summary of Request
On September 16, 2021, NMFS
published final notice of our issuance of
an IHA authorizing take of 16 species of
marine mammals incidental to marine
site characterization surveys in coastal
waters off of Delaware in the areas of the
Bureau of Ocean Energy Management
(BOEM) Commercial Lease of
Submerged Lands for Renewable Energy
Development on the Outer Continental
Shelf (OCS)-A 0482 and 0519 and along
potential export cable routes to landfall
locations in Delaware and New Jersey
(87 FR 30182). The effective dates of
that IHA were May 10, 2022, through
May 9, 2023. On February 23, 2023,
;rsted informed NMFS that the project
was delayed. None of the work
identified in the initial IHA (i.e.,
geophysical, geotechnical, and
geohazard data collection) has occurred.
;rsted submitted a request to re-issue
the IHA, which would be effective from
May 10, 2023, through May 9, 2024, in
order to conduct the marine site
characterization survey work that was
analyzed and authorized through the
previously issued IHA.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
As part of their overall marine site
characterization survey operations,
;rsted plans to conduct high-resolution
geophysical (HRG) and geotechnical
surveys in Lease Areas OCS–A 0482 and
0519, and the associated export cable
route areas. The purpose of the marine
site characterization surveys is to collect
data concerning seabed (geophysical,
geotechnical, and geohazard),
ecological, and archeological conditions
VerDate Sep<11>2014
17:07 May 10, 2023
Jkt 259001
within the footprint of offshore wind
facility development. Surveys are also
conducted to support engineering
design and to map Unexploded
Ordnance (UXO).
The location, timing, and nature of
the activities, including the types of
equipment planned for use, are identical
to those described for the initial IHA.
The mitigation and monitoring are also
as prescribed in the initial IHA.
Species that have the potential to be
taken by the planned activities can be
found in the initial 2022 Federal
Register notices (87 FR 15922; 87 FR
30182). A description of the methods
and inputs used to estimate take
anticipated to occur and, ultimately, the
take that was authorized is found in the
previous documents referenced above.
NMFS has reviewed recent Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
recent scientific literature, and
determined that no new information
affects our original analysis of impacts
under the initial IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2022 IHA for
;rsted’s construction work (87 FR
30182), ;rsted’s application, the
Federal Register notice of the proposed
IHA (87 FR 15922), and all associated
references and documents.
On August 1, 2022, NMFS announced
proposed changes to the existing NARW
vessel speed regulations to further
reduce the likelihood of mortalities and
serious injuries to endangered NARWs
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). 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. The
responsibility to comply with the
applicable requirements of any vessel
speed rule would become effective
immediately upon the effective date of
any final vessel speed rule and, when
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
30279
notice is published of the effective date,
NMFS would also notify COSW if the
measures in the speed rule were to
supersede any of the measures in the
MMPA authorization such that they
were no longer applicable.
Determinations
;rsted will conduct activities as
analyzed in the initial 2022 IHA. As
described above, the number of
authorized takes of the same species and
stocks of marine mammals are identical
to the numbers that were found to meet
the negligible impact and small
numbers standards and authorized
under the initial IHA and no new
information has emerged that would
change those findings. The issued 2023
IHA includes identical required
mitigation, monitoring, and reporting
measures as the initial IHA, and 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 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 authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) ;rsted’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.
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 with respect to
environmental consequences on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations 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
determined that the issuance of the
initial IHA qualified to be categorically
excluded from further NEPA review.
E:\FR\FM\11MYN1.SGM
11MYN1
30280
Federal Register / Vol. 88, No. 91 / Thursday, May 11, 2023 / Notices
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this IHA.
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 consults internally
whenever we propose to authorize take
for endangered or threatened species.
NMFS Office of Protected Resources
previously determined that issuance of
the initial 2022 IHA falls within the
scope of activities analyzed in NMFS
Greater Atlantic Regional Fisheries
Office’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).
Authorization
NMFS has issued an IHA to ;rsted for
marine site characterization survey
activities associated with the specified
activity from May 10, 2023, through
May 9, 2024. All previously described
mitigation, monitoring, and reporting
requirements from the initial 2022 IHA
are incorporated.
Dated: May 5, 2023.
Kimberley Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–09947 Filed 5–10–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
ENVIRONMENTAL PROTECTION
AGENCY
ddrumheller on DSK120RN23PROD with NOTICES1
Coastal Nonpoint Pollution Control
Program: Proposal To Find That
Michigan Has Satisfied Conditions on
Earlier Approval
National Oceanic and
Atmospheric Administration,
Department of Commerce,
Environmental Protection Agency.
ACTION: Notice of proposed finding;
request for comments.
AGENCY:
The National Oceanic and
Atmospheric Administration (NOAA)
SUMMARY:
VerDate Sep<11>2014
17:07 May 10, 2023
Jkt 259001
and the U.S. Environmental Protection
Agency (EPA) (the Federal agencies)
invite public comment on the Federal
agencies’ proposed finding that
Michigan has satisfied all conditions the
agencies established as part of their
1997 approval of the state’s coastal
nonpoint pollution control program
(coastal nonpoint program). The Coastal
Zone Act Reauthorization Amendments
(CZARA) directs states and territories
with coastal zone management programs
previously approved under section 306
of the Coastal Zone Management Act to
develop and implement coastal
nonpoint programs, which must be
submitted to the Federal agencies for
approval. Prior to making such a
finding, NOAA and the EPA invite
public input on the two Federal
agencies’ rationale for this proposed
finding.
DATES: Comments are due by June 12,
2023.
ADDRESSES: Copies of the proposed
findings document may be found on
www.regulations.gov (search for NOAA–
NOS–2022–0017) and NOAA’s Coastal
Nonpoint Pollution Control Program
website at https://coast.noaa.gov/czm/
pollutioncontrol/.
Comments may be submitted by:
• Electronic Submission: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
regulations.gov and enter NOAA–NOS–
2022–0017 in the Search box, then click
the ‘‘Comment’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Joelle Gore, Chief, Stewardship Division
(N/OCM6), Office for Coastal
Management, NOS, NOAA, 1305 EastWest Highway, Silver Spring, Maryland
20910; phone (240) 428–7096; ATTN:
Michigan Coastal Nonpoint Program.
Instructions: All comments received
are a part of the public record and will
generally be posted for public viewing
on www.regulations.gov without change.
All personally identifiable information
(for example, name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the commenter
will be publicly accessible. NOAA and
EPA will accept anonymous comments
(enter ‘‘N/A’’ in the required fields if
you wish to remain anonymous).
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The Federal agencies
will generally not consider comments or
comment contents located outside of the
PO 00000
Frm 00005
Fmt 4703
Sfmt 9990
primary submission (i.e., on the web,
cloud, or other file sharing system).
FOR FURTHER INFORMATION CONTACT:
Allison Castellan, Office for Coastal
Management, NOS, NOAA, (202) 596–
5039, allison.castellan@noaa.gov; or
Paul Thomas, U.S. EPA Region 5, Water
Division, (312) 866–7742, thomas.paul@
epa.gov.
Section
6217(a) of the Coastal Zone Act
Reauthorization Amendments (CZARA),
16 U.S.C. 1455b(a), requires that each
state (or territory) with a coastal zone
management program previously
approved under section 306 of the
Coastal Zone Management Act must
prepare and submit to the Federal
agencies a coastal nonpoint pollution
control program for approval. Because
Michigan administers a federally
approved coastal zone management
program, Michigan originally submitted
its coastal nonpoint program to the
Federal agencies for approval in 1995.
The Federal agencies provided public
notice of and invited public comment
on their proposal to approve, with
conditions, the Michigan program (61
FR 57673). The Federal agencies
approved the program by letter dated
September 24, 1997, subject to the
conditions specified in the letter (62 FR
58940). The Federal agencies propose to
find, and invite public comment on the
proposed findings, that Michigan has
satisfied the conditions associated with
the earlier approval of its coastal
nonpoint program.
The proposed findings document for
Michigan’s program is available at
www.regulations.gov (search for NOAA–
NOS–2022–0017) and information on
the Coastal Nonpoint Program in general
is available on the NOAA website at
https://coast.noaa.gov/czm/
pollutioncontrol/.
SUPPLEMENTARY INFORMATION:
Radhika Fox,
Assistant Administrator, Office of Water,
Environmental Protection Agency.
Nicole R. LeBoeuf,
Assistant Administrator for Ocean Services
and Coastal Zone Management, National
Oceanic and Atmospheric Administration.
[FR Doc. 2023–10074 Filed 5–10–23; 8:45 am]
BILLING CODE 3510–08–P
E:\FR\FM\11MYN1.SGM
11MYN1
]]>Agencies
[Federal Register Volume 88, Number 91 (Thursday, May 11, 2023)]
[Notices]
[Pages 30278-30280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-09947]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XC892]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys Off the Coast of Delaware
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from [Oslash]rsted Wind Power
North America, LLC ([Oslash]rsted) and its designees, Garden State
Offshore Energy, LLC (Garden State) and Skipjack Offshore Energy, LLC
(Skipjack), for the re-issuance of a previously issued incidental
harassment authorization (IHA) with the only change being effective
dates. The initial IHA authorized take of marine mammals incidental to
marine site characterization surveys in coastal waters off of Delaware
and New Jersey. The project has been delayed and none of the work
covered in the initial IHA has been conducted. The scope of the
activities and anticipated effects remain the same, authorized take
numbers are not changed, and the required mitigation, monitoring, and
reporting remains the same as included in the initial IHA. NMFS is,
therefore, issuing a second identical IHA to cover the incidental take
analyzed and authorized in the initial IHA.
DATES: This authorization is effective from May 10, 2023, through May
9, 2024. The initial IHA was effective from May 10, 2022, through May
9, 2023. [Oslash]rsted has requested issuance with new effective dates
of May 10, 2023, through May 9, 2024.
ADDRESSES: An electronic copy of the final 2022 IHA previously issued
to [Oslash]rsted, [Oslash]rsted's application, and the Federal Register
notices proposing and issuing the initial IHA may be obtained by
visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-orsted-wind-power-north-america-llc-marine-site. In case
of problems accessing these documents, please call the contact listed
below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(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 authorization for incidental takings 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.
[[Page 30279]]
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 September 16, 2021, NMFS published final notice of our issuance
of an IHA authorizing take of 16 species of marine mammals incidental
to marine site characterization surveys in coastal waters off of
Delaware in the areas of the Bureau of Ocean Energy Management (BOEM)
Commercial Lease of Submerged Lands for Renewable Energy Development on
the Outer Continental Shelf (OCS)-A 0482 and 0519 and along potential
export cable routes to landfall locations in Delaware and New Jersey
(87 FR 30182). The effective dates of that IHA were May 10, 2022,
through May 9, 2023. On February 23, 2023, [Oslash]rsted informed NMFS
that the project was delayed. None of the work identified in the
initial IHA (i.e., geophysical, geotechnical, and geohazard data
collection) has occurred. [Oslash]rsted submitted a request to re-issue
the IHA, which would be effective from May 10, 2023, through May 9,
2024, in order to conduct the marine site characterization survey work
that was analyzed and authorized through the previously issued IHA.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
As part of their overall marine site characterization survey
operations, [Oslash]rsted plans to conduct high-resolution geophysical
(HRG) and geotechnical surveys in Lease Areas OCS-A 0482 and 0519, and
the associated export cable route areas. The purpose of the marine site
characterization surveys is to collect data concerning seabed
(geophysical, geotechnical, and geohazard), ecological, and
archeological conditions within the footprint of offshore wind facility
development. Surveys are also conducted to support engineering design
and to map Unexploded Ordnance (UXO).
The location, timing, and nature of the activities, including the
types of equipment planned for use, are identical to those described
for the initial IHA. The mitigation and monitoring are also as
prescribed in the initial IHA.
Species that have the potential to be taken by the planned
activities can be found in the initial 2022 Federal Register notices
(87 FR 15922; 87 FR 30182). A description of the methods and inputs
used to estimate take anticipated to occur and, ultimately, the take
that was authorized is found in the previous documents referenced
above. NMFS has reviewed recent Stock Assessment Reports, information
on relevant Unusual Mortality Events, and recent scientific literature,
and determined that no new information affects our original analysis of
impacts under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2022 IHA for [Oslash]rsted's construction work (87 FR 30182),
[Oslash]rsted's application, the Federal Register notice of the
proposed IHA (87 FR 15922), and all associated references and
documents.
On August 1, 2022, NMFS announced proposed changes to the existing
NARW vessel speed regulations to further reduce the likelihood of
mortalities and serious injuries to endangered NARWs 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).
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. The responsibility to comply with
the applicable requirements of any vessel speed rule would become
effective immediately upon the effective date of any final vessel speed
rule and, when notice is published of the effective date, NMFS would
also notify COSW if the measures in the speed rule were to supersede
any of the measures in the MMPA authorization such that they were no
longer applicable.
Determinations
[Oslash]rsted will conduct activities as analyzed in the initial
2022 IHA. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHA and no new information
has emerged that would change those findings. The issued 2023 IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial IHA, and 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 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 authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4)
[Oslash]rsted'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.
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 with respect to environmental
consequences on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations 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 determined that the issuance of the
initial IHA qualified to be categorically excluded from further NEPA
review.
[[Page 30280]]
NMFS has determined that the application of this categorical exclusion
remains appropriate for this IHA.
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 consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS Office of Protected Resources previously determined that
issuance of the initial 2022 IHA falls within the scope of activities
analyzed in NMFS Greater Atlantic Regional Fisheries Office'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).
Authorization
NMFS has issued an IHA to [Oslash]rsted for marine site
characterization survey activities associated with the specified
activity from May 10, 2023, through May 9, 2024. All previously
described mitigation, monitoring, and reporting requirements from the
initial 2022 IHA are incorporated.
Dated: May 5, 2023.
Kimberley Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-09947 Filed 5-10-23; 8:45 am]
BILLING CODE 3510-22-P
