Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Offshore From Massachusetts to New Jersey for Vineyard Northeast, LLC, 40212-40220 [2023-13118]
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
with the best available abundance
estimates (see discussion at 86 FR 5391,
January 19, 2021). For this comparison,
NMFS’ approach is to use the maximum
theoretical population, determined
through review of current stock
assessment reports (SAR; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marine-
mammal-stock-assessments) and modelpredicted abundance information
(https://seamap.env.duke.edu/models/
Duke/GOM/). For the latter, for taxa
where a density surface model could be
produced, we use the maximum mean
seasonal (i.e., 3-month) abundance
prediction for purposes of comparison
as a precautionary smoothing of month-
to-month fluctuations and in
consideration of a corresponding lack of
data in the literature regarding seasonal
distribution of marine mammals in the
GOM. Information supporting the small
numbers determinations is provided in
Table 1.
TABLE 1—TAKE ANALYSIS
Authorized
take
Species
Rice’s whale 3 ...................................................................................................
Sperm whale ....................................................................................................
Kogia spp. ........................................................................................................
Beaked whales ................................................................................................
Rough-toothed dolphin ....................................................................................
Bottlenose dolphin ...........................................................................................
Clymene dolphin ..............................................................................................
Atlantic spotted dolphin ...................................................................................
Pantropical spotted dolphin .............................................................................
Spinner dolphin ................................................................................................
Striped dolphin .................................................................................................
Fraser’s dolphin ...............................................................................................
Risso’s dolphin .................................................................................................
Melon-headed whale .......................................................................................
Pygmy killer whale ...........................................................................................
False killer whale .............................................................................................
Killer whale ......................................................................................................
Short-finned pilot whale ...................................................................................
0
371
4 206
3,338
590
5 21
1,533
0
15,216
357
796
257
252
1,014
488
553
7
80
Scaled take 1
n/a
156.9
60.0
337.2
169.3
6.0
439.9
n/a
4,366.9
102.5
228.5
73.8
74.3
299.3
144.0
163.0
n/a
23.7
Abundance 2
51
2,207
4,373
3,768
4,853
176,108
11,895
74,785
102,361
25,114
5,229
1,665
3,764
7,003
2,126
3,204
267
1,981
Percent
abundance
n/a
7.1
1.8
8.9
3.5
0.0
3.7
n/a
4.3
0.4
4.4
4.4
2.0
4.3
6.8
5.1
2.6
1.2
1 Scalar ratios were applied to ‘‘Authorized Take’’ values as described at 86 FR 5322, 5404 (January 19, 2021) to derive scaled take numbers
shown here.
2 Best abundance estimate. For most taxa, the best abundance estimate for purposes of comparison with take estimates is considered here to
be the model-predicted abundance (Roberts et al., 2016). For those taxa where a density surface model predicting abundance by month was
produced, the maximum mean seasonal abundance was used. For those taxa where abundance is not predicted by month, only mean annual
abundance is available. For Rice’s whale and killer whale, the larger estimated SAR abundance estimate is used.
3 The final rule refers to the GOM Bryde’s whale (Balaenoptera edeni). These whales were subsequently described as a new species, Rice’s
whale (Balaenoptera ricei) (Rosel et al., 2021).
4 Includes 19 takes by Level A harassment and 187 takes by Level B harassment. Scalar ratio is applied to takes by Level B harassment only;
small numbers determination made on basis of scaled Level B harassment take plus authorized Level A harassment take.
5 Modeled take of 16 increased to account for potential encounter with group of average size (Maze-Foley and Mullin, 2006).
Based on the analysis contained
herein of Chevron’s proposed survey
activity described in its LOA
application and the anticipated take of
marine mammals, NMFS finds that
small numbers of marine mammals will
be taken relative to the affected species
or stock sizes (i.e., less than one-third of
the best available abundance estimate)
and therefore the taking is of no more
than small numbers.
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Authorization
NMFS has determined that the level
of taking for this LOA request is
consistent with the findings made for
the total taking allowable under the
incidental take regulations and that the
amount of take authorized under the
LOA is of no more than small numbers.
Accordingly, we have issued an LOA to
Chevron authorizing the take of marine
mammals incidental to its geophysical
survey activity, as described above.
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Dated: June 15, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–13195 Filed 6–20–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD032]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Site
Characterization Surveys Offshore
From Massachusetts to New Jersey for
Vineyard Northeast, LLC
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Notice; proposed incidental
harassment authorization (IHA); request
for comments on proposed
authorization and possible renewal.
ACTION:
NMFS has received a request
from Vineyard Northeast, LLC (Vineyard
Northeast) for authorization to take
marine mammals incidental to marine
site characterization surveys offshore
from Massachusetts to New Jersey in the
Bureau of Ocean Energy Management
(BOEM) Commercial Lease of
Submerged Lands for Renewable Energy
Development on the Outer Continental
Shelf Lease Areas OCS–A 0522 and
OCS–A 0544 (Lease Areas) and
associated offshore export cable corridor
(OECC) routes.
DATES: Comments and information must
be received no later than July 21, 2023.
ADDRESSES: Comments should be
addressed to Jolie Harrison, Chief,
Permits and Conservation Division,
Office of Protected Resources, National
Marine Fisheries Service. Written
SUMMARY:
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
comments should be submitted via
email to ITP.Taylor@noaa.gov.
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 25megabyte file size. 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-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit confidential business
information or otherwise sensitive or
protected information.
FOR FURTHER INFORMATION CONTACT:
Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427–8401.
Electronic copies of the original
application and supporting documents
(including NMFS Federal Register
notices of the original proposed and
final authorizations, and the previous
IHA), as well as a list of the references
cited in this document, may be obtained
online at: https://www.fisheries.
noaa.gov/national/marine-mammalprotection/incidental-takeauthorizations-other-energy-activitiesrenewable. In case of problems
accessing these documents, please call
the contact listed above.
SUPPLEMENTARY INFORMATION:
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Background
The activities described in Vineyard
Northeast’s request and the acoustic
sources proposed for use are identical to
what was previously analyzed in
support of the IHA issued by NMFS to
Vineyard Northeast for 2022 site
characterization surveys (2022 IHA) (87
FR 30872, May 20, 2022; 87 FR 52913,
August 30, 2022), although the survey
duration and project area will be a
subset of the survey effort authorized for
the 2022 IHA as a portion of this effort
has been completed. All proposed
mitigation, monitoring, and reporting
requirements remain the same. While
Vineyard Northeast’s planned activity
would qualify for renewal of the 2022
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 to proceed
with a new IHA process rather than a
renewal, providing a 30-day period for
the public to comment on this proposed
action.
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Pursuant to the Marine Mammal
Protection Act (MMPA), NMFS is
requesting comments on its proposal to
issue an IHA to allow Vineyard
Northeast 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 authorization and
agency responses will be summarized in
the final notice of our decision.
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
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(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.
Summary of Request
On April 17, 2023, NMFS received a
request from Vineyard Northeast for an
IHA to take marine mammals incidental
to high resolution geophysical (HRG)
marine site characterization surveys
offshore from Massachusetts to New
Jersey in the areas of BOEM Commercial
Lease of Submerged Lands for
Renewable Energy Development on the
OCS–A 0522 (Lease Area), OCS–A 0544
(Lease Area), and associated offshore
export cable corridor (OECC) routes.
Following NMFS’ review of the
application, Vineyard Northeast
submitted a revised request on May 25,
2023. The application (the 2023 request)
was deemed adequate and complete on
May 25, 2023. Vineyard Northeast’s
request is for take of 19 species
(comprising 20 stocks) of marine
mammals, by Level B harassment only.
Neither Vineyard Northeast nor NMFS
expect serious injury or mortality to
result from this activity and, therefore,
an IHA is appropriate. Take by Level A
harassment (injury) is unlikely, even
absent mitigation, based on the
characteristics of the signals produced
by the acoustic sources planned for use.
NMFS has previously issued a similar
IHA to Vineyard Northeast. On
December 17, 2021, NMFS received a
request from Vineyard Northeast for an
IHA to take marine mammals incidental
to marine site characterization surveys
offshore from Massachusetts to New
Jersey, in the area of Commercial Lease
of Submerged Lands for Renewable
Energy Development on the Outer
Continental Shelf Lease Areas OCS–A
0522 and OCS–A 0544 (Lease Areas)
and potential OECC routes to landfall
locations. Vineyard Northeast requested
authorization to take small numbers of
19 species (comprising 20 stocks) of
marine mammals by Level B harassment
only. NMFS published a notice of the
proposed IHA in the Federal Register
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Federal Register / Vol. 88, No. 118 / Wednesday, June 21, 2023 / Notices
on May 20, 2022 (87 FR 30872). After
a 30-day public comment period and
consideration of all public comments
received, we subsequently issued the
2022 IHA, which is effective from July
27, 2022, to July 26, 2023 (87 FR 52913,
August 30, 2022).
Vineyard Northeast completed a
subset of the survey work under the
2022 IHA and submitted a preliminary
monitoring report, which demonstrates
that they conducted the required marine
mammal mitigation and monitoring, and
did not exceed the authorized levels of
take under the previous IHA issued for
surveys offshore from Massachusetts to
New Jersey (See 87 FR 52913, August
30, 2022). These monitoring results are
available to the public on our website:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-take-authorizations-otherenergy-activities-renewable.
The 2023 request is nearly identical to
the 2022 IHA, with the exception that
the survey effort is a subset of the
original effort authorized for the 2022
IHA. However, Duke University’s
Marine Geospatial Ecology Laboratory
released updated marine mammal
density information (June 20, 2022) for
all species in the project area (https://
seamap.env.duke.edu/models/Duke/
EC/) after issuance of the 2022 IHA, and
NMFS determined it would issue a
proposed IHA rather than undertake the
renewal process. In evaluating the 2023
request and to the extent deemed
appropriate, NMFS also relies on the
information presented in notices
associated with issuance of the 2022
IHA (87 FR 30872, May 30 2022; 87 FR
52913, August 30, 2022).
Description of the Proposed Activity
and Anticipated Impacts
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Overview
Vineyard Northeast proposes to
conduct HRG surveys in the BOEM
Lease Areas OCS–A 0522 and 0544 and
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along potential submarine OECC’s from
southern Massachusetts to southern
New Jersey. The purpose of the
proposed surveys is to obtain an
assessment of seabed (geophysical,
geotechnical, and geohazard),
ecological, and archeological conditions
within the footprint of the planned
offshore wind facility development area.
Surveys are also conducted to inform
and support engineering design and to
map unexploded ordnance. Survey
equipment would be deployed from
multiple vessels during site
characterization activities in the project
area, and up to two vessels would
operate at a time in the lease areas and
along the OECCs. During survey effort,
the vessel would operate at a maximum
speed of 4 knots (4.6 miles or 7.4 km per
hour). Underwater sound, resulting from
Vineyard Northeast’s activities, has the
potential to result in incidental take of
marine mammals in the form of Level B
harassment.
Dates and Duration
The proposed activity is estimated to
require 467 survey days (37,360 km of
trackline) using a maximum of 4
concurrently operating survey vessels,
and is expected to be carried out over
the course of the 1-year period
beginning from the date of issuance of
this IHA. A ‘‘survey day’’ is defined as
a 24-hour (hr) activity period in which
active HRG acoustic sources are used.
This schedule is inclusive of any
inclement weather downtime and crew
transfers. The number of survey days
was calculated as the number of days
needed to reach the overall level of
effort required to meet survey objectives
assuming any single vessel covers, on
average, 80 km (49.7 miles) of survey
trackline per 24 hours of operations. By
the time the 2022 IHA expires, Vineyard
Northeast expects to have completed
302 vessel days (24,160 km of trackline)
of the original planned survey effort
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(869 vessel days; 69,520 km of
trackline). Vineyard Northeast has
estimated survey effort to require 100
vessel days (8,000 km of trackline) less
than originally anticipated in
association with the 2022 IHA (87 FR
52913, August 30, 2022).
Specific Geographic Region
Vineyard Northeast’s proposed
activities would occur in both Federal
offshore waters (including Lease Areas
OCS–A 0522 and OCS–A 0544) and
along potential OECCs in both Federal
and State nearshore waters of
Massachusetts, Rhode Island,
Connecticut, New York, and New Jersey,
as shown in Figure 1. As compared to
the 2022 IHA (87 FR 52913, August 30,
2022), Vineyard Northeast revised their
project area to be more representative of
the actual area in which HRG surveys
would occur. The revised project area
description is based upon updated
information received from the Vineyard
Northeast site investigation team.
The Lease Area OCS–A 0522 is
approximately 536 square kilometers
(km2) (132,370 acres) and located 24
kilometers (km) (15 miles; mi) from the
southeast corner of Martha’s Vineyard,
within the Massachusetts Wind Energy
Area (WEA). The 174 km2 (43,056 acre)
Lease Area OCS–A 0544 is located
approximately 38 km (24 mi) from Long
Island, New York, within BOEM’s MidAtlantic Planning Area. Surveys outside
of the Lease Areas would extend from
southern Massachusetts to southern
New Jersey, including the
Massachusetts/Rhode Island WEA as
well as the northern portion of the MidAtlantic planning area. Total survey
area would be approximately 33,814
km2 (8,355,621.4 acres). Water depth
across the proposed survey area ranges
from approximately 35 to 60 meters (m)
(115 to 197 feet [ft]) in the Lease Areas.
Average water depth along the proposed
OECCs is approximately 38 m (123.8 ft).
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Detailed Description of the Action
Description of Marine Mammals
A detailed description of the
proposed survey activities can be found
in the previous Federal Register notices
(87 FR 30872, May 20, 2022; 87 FR
52913, August 30, 2022) and
supplementary documents, available
online at: https://www.fisheries.
noaa.gov/action/incidental-takeauthorization-vineyard-northeast-llcmarine-site-characterization-surveys.
The specific geographic region and
nature of the activities, including the
types of HRG equipment planned for
use (side scan sonar, multibeam
echosounder, magnetometers and
gradiometers, parametric sub-bottom
profiler (SBP), compressed high
intensity radar pulse (CHIRP) SBP,
boomers, and sparkers; daily trackline
distances (80 km per day); and the
number of survey vessels (up to two in
a Lease Area and up to two along OECC
routes, including nearshore survey
areas) are identical or nearly identical to
those described in those previous
notices.
A description of the marine mammals
in the proposed survey area can be
found in the previous documents and
notices for the 2022 IHA (87 FR 30872,
May 20, 2022; 87 FR 52913, August 30,
2022), which remains applicable to this
proposed IHA. NMFS reviewed the most
recent draft Stock Assessment Reports
(SARs, found on NMFS’ website at
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
marine-mammal-stock-assessments, upto-date information on relevant Unusual
Mortality Events (UMEs; https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/marinemammal-unusual-mortality-events), and
recent scientific literature and
determined that no new information
affects our original analysis of impacts
under the 2022 IHA.
NMFS notes that, since issuance of
the 2022 IHA, a new SAR is available
for the North Atlantic right whale.
Estimated abundance for the species
declined from 368 to 338. However, this
change does not affect our analysis of
impacts, as described under the 2022
IHA.
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Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activities on marine
mammals and their habitat can be found
in the documents supporting the 2022
IHA (87 FR 30872, May 20, 2022; 87 FR
52913, August 30, 2022). At present,
there is no new information on potential
effects that would influence our
analysis.
Estimated Take
A detailed description of the methods
used to estimate take anticipated to
occur incidental to the project is found
in the previous Federal Register notices
(87 FR 30872, May 20, 2022; 87 FR
52913, August 30, 2022). The methods
of estimating take are identical to those
used in the 2022 IHA. Vineyard
Northeast updated the marine mammal
densities based on new information
(Roberts et al., 2016; Roberts et al.,
2023), available online at: https://
seamap.env.duke.edu/models/Duke/
EC/. We refer the reader to Table 8 in
Vineyard Northeast’s 2023 IHA request
for the specific density values used in
the analysis. The IHA request is
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available online at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-other-energyactivities-renewable.
The take that NMFS proposes to
authorize can be found in Table 1,
which presents the results of Vineyard
Northeast’s density-based calculations
for the survey area. For comparative
purposes, we have provided the 2022
IHA authorized Level B harassment take
(87 FR 52913, August 30, 2022). 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.
Mortality or serious injury is neither
anticipated to occur nor proposed for
authorization.
TABLE 1—SUMMARY OF TAKE NUMBERS PROPOSED FOR AUTHORIZATION
2023 Proposed IHA
Species
Scientific name
Stock
Blue whale ...............................
North Atlantic Right Whale ......
Humpback Whale ....................
Fin Whale ................................
Sei Whale ................................
Minke whale .............................
Sperm whale ............................
Long-finned pilot whale 1 .........
Killer whale 2 ............................
False killer whale 2 ...................
Atlantic spotted dolphin 3 .........
Atlantic white-sided dolphin .....
Bottlenose dolphin ...................
Balaenoptera musculus ..........
Eubalaena glacialis ................
Megaptera novaeangliae ........
Balaenoptera physalus ...........
Balaenoptera borealis ............
Balaenoptera acutorostrata ....
Physeter macrocephalus ........
Globicephala melas ................
Orcinus orca ...........................
Pseudorca crassidens ............
Stenella frontalis .....................
Lagenorhynchus acutus .........
Tursiops truncatus ..................
Western North Atlantic ...........
Western North Atlantic ...........
Gulf of Maine ..........................
Western North Atlantic ...........
Nova Scotia ............................
Canadian Eastern Coastal .....
North Atlantic ..........................
Western North Atlantic ...........
Western North Atlantic ...........
Western North Atlantic ...........
Western North Atlantic ...........
Western North Atlantic ...........
Western North Atlantic Northern Migratory Coastal.
Western North Atlantic Offshore.
Western North Atlantic ...........
Western North Atlantic ...........
Western North Atlantic ...........
Gulf of Maine/Bay of Fundy ...
Western North Atlantic ...........
Western North Atlantic ...........
Common dolphin .....................
Risso’s dolphin ........................
White-beaked dolphin 2 ............
Harbor porpoise .......................
Harbor seal 5 ............................
Gray seal 5 ...............................
Delphinus delphis ...................
Grampus griseus ....................
Lagenorhynchus albirostris ....
Phocoena phocoena ..............
Phoca vitulina .........................
Halichoerus grypus ................
2022 IHA
authorized
take
Abundance
Take
proposed for
authorization 1
Max percent
population
402
338
1,396
6,802
6,292
21,968
4,349
39,215
UNK
1,791
39,921
93,233
6,639
1
40
47
77
5
42
12
405
2
5
29
1,124
151
1
12
12
20
5
46
2
17
34
5
29
129
45
0.25
3.6
0.86
0.29
0.08
0.21
0.05
0.04
4 5.9
0.28
0.07
0.14
0.68
62,851
569
169
0.27
172,974
35,215
536,016
95,543
61,336
6 27,300
13,904
101
30
2,033
939
418
7,472
9
30
347
939
418
4.3
0.03
0.006
0.36
1.5
1.5
1 Roberts et al. (2023) only provides density estimates for pilot whales as a guild. Given the project’s location, NMFS assumes that all take will be of long-finned
pilot whales.
2 Rare (or unlikely to occur) species.
3 Adjusted according to average group size (Kraus et al., 2016; Palka et al., 2017).
4 Based upon minimum population estimate of 67 individual killer whales identified in the Northwestern Atlantic Ocean (Lawson and Stevens, 2014).
5 Roberts et al. (2023) only provides density estimates for seals without differentiating by species. In order to determine the species-specific density-based exposure
estimates for seals, Vineyard Northeast used the following approach. Vineyard Northeast summed the SAR Nbest abundance estimates (Hayes et al., 2022) for the 2
seal species and divided the total by the estimate for each species to get the proportion of the total for each species. Vineyard Northeast then multiplied these proportions by the total estimated exposure for the seal guild density (Roberts et al., 2023) to get the species-specific density-based exposure estimates. NMFS accepts this
approach.
6 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.
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Description of Proposed Mitigation,
Monitoring and Reporting Measures
The mitigation, monitoring, and
reporting measures proposed here are
identical to those included in the
Federal Register notice announcing the
final 2022 IHA and the discussion of the
least practicable adverse impact
included in that document remains
accurate. These mitigation, monitoring,
and reporting measures are described
below. As described in the previous
Federal Register notices (87 FR 30872,
May 20, 2022; 87 FR 52913, August 30,
2022), NMFS determined that issuance
of the 2022 IHA to Vineyard Northeast
was within the scope of the NOAA
Fisheries Greater Atlantic Regional
Office (GARFO) programmatic
consultation regarding geophysical
surveys along the U.S. Atlantic coast in
the three Atlantic Renewable Energy
Regions (NOAA GARFO, 2021; https://
www.fisheries.noaa.gov/new-englandmid-atlantic/consultations/section-7-
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take-reporting-programmatics-greateratlantic#offshore-wind-site-assessmentand-site-characterization-activitiesprogrammatic-consultation). NMFS
similarly concludes that the currently
proposed survey activities are within
scope of the consultation, and thus will
require adherence to the relevant Project
Design Criteria (PDC) (specifically PDCs
4, 5, and 7).
Additionally, on August 1, 2022,
NMFS announced proposed changes to
the existing North Atlantic right whale
vessel speed regulations to further
reduce the likelihood of mortalities and
serious injuries to endangered North
Atlantic right whales 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
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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
must be followed. 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 Vineyard Northeast if
the measures in the speed rule were to
supersede any of the measures in the
MMPA authorization.
Establishment of Shutdown Zones
(SZ)—Marine mammal SZs must be
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established around the HRG survey
equipment and monitored by NMFSapproved protected species observers
(PSO) during HRG surveys as follows:
• 500-m SZ for North Atlantic right
whales during use of specified acoustic
sources (impulsive: sparkers and
boomers; non-impulsive: nonparametric sub-bottom profilers); and,
• 100-m SZ for all other marine
mammals (excluding North Atlantic
right whales) during operation of the
sparker and boomer. The only exception
for this is for pinnipeds (seals) and
small delphinids (i.e., those from the
genera Delphinus, Lagenorhynchus,
Stenella or Tursiops).
If a marine mammal is detected
approaching or entering the SZs during
the HRG survey, the vessel operator
would adhere to the shutdown
procedures described below to
minimize noise impacts on the animals.
During use of acoustic sources with the
potential to result in marine mammal
harassment (sparkers, boomers, and
non-parametric sub-bottom profilers;
i.e., anytime the acoustic source is
active, including ramp-up), occurrences
of marine mammals within the
monitoring zone (but outside the SZs)
must be communicated to the vessel
operator to prepare for potential
shutdown of the acoustic source.
Visual Monitoring—Monitoring must
be conducted by qualified PSOs who are
trained biologists, with minimum
qualifications described in the Federal
Register notices for the 2022 project (87
FR 30872, May 20, 2022; 87 FR 52913,
August 30, 2022). Vineyard Northeast
must have one PSO on duty during the
day and a minimum of two NMFSapproved PSOs must be on duty and
conducting visual observations when
HRG equipment is in use at night.
Visual monitoring must begin no less
than 30 minutes prior to ramp-up of
HRG equipment and continue until 30
minutes after use of the acoustic source.
PSOs must establish and monitor the
applicable clearance zones, SZs, and
vessel separation distances as described
in the 2022 IHA (87 FR 52913, August
30, 2022). PSOs must coordinate to
ensure 360-degree visual coverage
around the vessel from the most
appropriate observation posts, and must
conduct observations while free from
distractions and in a consistent,
systematic, and diligent manner. PSOs
are required to estimate distances to
observed marine mammals. It is the
responsibility of the Lead PSO on duty
to communicate the presence of marine
mammals as well as to communicate
action(s) that are necessary to ensure
mitigation and monitoring requirements
are implemented as appropriate.
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Pre-Start Clearance—Marine mammal
clearance zones (CZs) must be
established around the HRG survey
equipment and monitored by NMFSapproved PSOs prior to use of boomers,
sparkers, and non-parametric subbottom profilers as follows:
• 500-m CZ for all Endangered
Species Act-listed species; and
• 100-m CZ for all other marine
mammals.
Prior to initiating HRG survey
activities, Vineyard Northeast must
implement a 30-minute pre-start
clearance period. The operator must
notify a designated PSO of the planned
start of ramp-up where the notification
time should not be less than 60 minutes
prior to the planned ramp-up to allow
the PSOs to monitor the CZs for 30
minutes prior to the initiation of rampup. Prior to ramp-up beginning,
Vineyard Northeast must receive
confirmation from the PSO that the CZs
are clear prior to preceding. 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 zones.
During this 30-minute period, the
entire CZ must be visible. The exception
to this would be in situations where
ramp-up must occur during periods of
poor visibility (inclusive of nighttime)
as long as appropriate visual monitoring
has occurred with no detections of
marine mammals in 30 minutes prior to
the beginning of ramp-up.
If a marine mammal is observed
within the relevant CZs during the prestart clearance period, initiation of HRG
survey equipment must not begin until
the animal(s) has been observed exiting
the respective CZ, or, until an additional
period has elapsed with no further
sighting (i.e., minimum 15 minutes for
small odontocetes and seals; 30 minutes
for all other species). The pre-start
clearance requirement includes small
delphinids. PSOs must also continue to
monitor the zone for 30 minutes after
survey equipment is shut down or
survey activity has concluded.
Ramp-Up of Survey Equipment—
When technically feasible, a ramp-up
procedure must be used for geophysical
survey equipment capable of adjusting
energy levels at the start or re-start of
survey activities. The ramp-up
procedure must be used at the beginning
of HRG survey activities in order to
provide additional protection to marine
mammals near the project area by
allowing them to detect the presence of
the survey and vacate the area prior to
the commencement of survey
equipment operation at full power.
Ramp-up of the survey equipment must
not begin until the relevant SZs have
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40217
been cleared by the PSOs, as described
above. HRG equipment operators must
ramp up acoustic sources to half power
for 5 minutes and then proceed to full
power. If any marine mammals are
detected within the SZs prior to or
during ramp-up, the HRG equipment
must be shut down (as described
below).
Shutdown Procedures—If an HRG
source is active and a marine mammal
is observed within or entering a relevant
SZ (as described above), an immediate
shutdown of the HRG survey equipment
is required. When shutdown is called
for by a PSO, the acoustic source must
be immediately deactivated and any
dispute resolved only following
deactivation. Any PSO on duty has the
authority to delay the start of survey
operations or to call for shutdown of the
acoustic source if a marine mammal is
detected within the applicable SZ. The
vessel operator must establish and
maintain clear lines of communication
directly between PSOs on duty and
crew controlling the HRG source(s) to
ensure that shutdown commands are
conveyed swiftly while allowing PSOs
to maintain watch. Subsequent restart of
the HRG equipment may only occur
after the marine mammal has been
observed exiting the relevant SZ, or,
until an additional period has elapsed
with no further sighting of the animal
within the relevant SZ.
Upon implementation of shutdown,
the HRG source may be reactivated after
the marine mammal that triggered the
shutdown has been observed exiting the
applicable SZ or, following a clearance
period of 15 minutes for small
odontocetes (i.e., harbor porpoise) and
30 minutes for all other species with no
further observation of the marine
mammal(s) within the relevant SZ. If the
HRG equipment is shut down for brief
periods (i.e., less than 30 minutes) for
reasons other than mitigation (e.g.,
mechanical or electronic failure) the
equipment may be reactivated as soon
as is practicable at full operational level,
without 30 minutes of pre-clearance,
only if PSOs have maintained constant
visual observation during the shutdown
and no visual detections of marine
mammals occurred within the
applicable SZs during that time. For a
shutdown of 30 minutes or longer, or if
visual observation was not continued
diligently during the pause, preclearance observation is required, as
described above.
The shutdown requirement is waived
for pinnipeds (seals) and certain genera
of small delphinids (i.e., Delphinus,
Lagenorhynchus, Stenella, or Tursiops)
under certain circumstances. If a
delphinid(s) from these genera is
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visually detected within the SZ,
shutdown would not be required. If
there is uncertainty regarding
identification of a marine mammal
species (i.e., whether the observed
marine mammal(s) belongs to one of the
delphinid genera for which shutdown is
waived), PSOs must use best
professional judgment in making the
decision to call for a shutdown.
If a species for which authorization
has not been granted, or a species for
which authorization has been granted
but the authorized number of takes have
been met, approaches or is observed
within the area encompassing the Level
B harassment isopleth (178 m),
shutdown must occur.
Vessel Strike Avoidance—Vineyard
Northeast must comply with vessel
strike avoidance measures as described
in the Federal Register notice for the
2022 IHA (87 FR 52913, August 30,
2022). This includes speed restrictions
(10 knots or less) when mother/calf
pairs, pods, or large assemblages of
cetaceans are spotted near a vessel;
species-specific vessel separation
distances; appropriate vessel actions
when a marine mammal is sighted (e.g.,
avoid excessive speed, remain parallel
to animal’s course, etc.); and monitoring
of the NMFS North Atlantic Right
Whale reporting system and WhaleAlert
daily.
Throughout all phases of the survey
activities, Vineyard Northeast must
monitor NOAA Fisheries North Atlantic
right whale reporting systems for the
establishment of a dynamic
management area (DMA). If NMFS
establishes a DMA in the surrounding
area, including the project area or export
cable routes being surveyed, Vineyard
Northeast is required to abide by the 10knot speed restriction.
Training—Project-specific training is
required for all vessel crew prior to the
start of survey activities.
Reporting—PSOs must record specific
information as described in the Federal
Register notice of the issuance of the
2022 IHA (87 FR 52913, August 30,
2022). Within 90 days after completion
of survey activities, Vineyard Northeast
must provide NMFS with a monitoring
report, which must include summaries
of recorded takes and estimates of the
number of marine mammals that may
have been harassed.
In the event of a ship strike or
discovery of an injured or dead marine
mammal, Vineyard Northeast must
report the incident to the Office of
Protected Resources (OPR), NMFS and
to the New England/Mid-Atlantic
Regional Stranding Coordinator as soon
as feasible. The report must include the
information listed in the Federal
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Register notice of the issuance of the
initial IHA (87 FR 52913, August 30,
2022).
Preliminary Determinations
Vineyard Northeast’s HRG survey
activities are a subset but otherwise
unchanged from those analyzed in
support of the 2022 IHA. The effects of
the activity, taking into consideration
the proposed mitigation and related
monitoring measures, remain
unchanged from those evaluated in
support of the 2022 IHA, regardless of
the minor increase in estimated take for
one species (minke whale). NMFS
expects that all potential takes would be
short-term Level B behavioral
harassment in the form of temporary
avoidance of the area or decreased
foraging, reactions that are considered to
be of low severity and with no lasting
biological consequences (e.g., Southall
et al., 2007). In addition to being
temporary, the maximum harassment
zone around a survey vessel is 178 m
from use of the Applied Acoustics
AA251 Boomer. Although this distance
is assumed for all survey activity
evaluated here and in estimating take
numbers proposed for authorization, in
reality, much of the survey activity
would involve use of acoustic sources
with a reduced acoustic harassment
zone (4 m for the Edge Tech Chirp 216
or 141 m for the GeoMarine Geo Spark
2000), producing expected effects of
particularly low severity. Therefore, the
ensonified area surrounding each vessel
is relatively small compared to the
overall distribution of the animals in the
area and the available habitat.
The proposed survey area overlaps or
is in close proximity to feeding
biologically important areas (BIA)s for
North Atlantic right whales (Cape Cod
Bay and Massachusetts Bay BIA,
February-April/Great South Channel
and Georges Bank Shelf Break BIA,
April-June), humpback whales (MarchDecember), fin whales (year-round/
March-October), sei whales (MayNovember), and minke whales (MarchNovember), as well as overlaps the
migratory BIA for North Atlantic right
whales (November 1-April 30)
(LaBrecque et al., 2015). In addition, the
proposed survey area overlaps with the
area south of Martha’s Vineyard and
Nantucket, referred to as ‘‘South of the
Islands,’’ which has been identified as
relatively new year-round core North
Atlantic right whale foraging habitat
(Oleson et al., 2020; Quintana-Rizzo et
al., 2021). As prey species are mobile
and broadly distributed throughout the
survey area, marine mammals that are
temporarily displaced during survey
activities are expected to be able to
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resume foraging once they have moved
away from areas with disturbing levels
of underwater noise, thus we do not
expect biologically significant impacts
to feeding behavior. In addition, most of
these feeding BIAs are extensive and
sufficiently large (e.g., 3,149 km2 and
12,247 km2 for North Atlantic right
whales; 47,701 km2 for humpback
whales; 18,015 km2 and 2,933 km2 for
fin whales; 56,609 km2 for sei whales;
54,341 for minke whales), and the
acoustic footprint of the proposed
survey is sufficiently small that feeding
opportunities for these species would
not be reduced appreciably. Due to the
temporary nature of the disturbance and
the availability of similar habitat and
resources in the surrounding area, the
impacts to marine mammals and the
food sources that they utilize are not
expected to cause significant or longterm consequences for individual
marine mammals or their populations.
Even considering the increased
estimated take for one species (minke
whales), 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 previously discussed in the 2022
IHA (87 FR 52913, August 30, 2022),
impacts from the survey are expected to
be localized to the specific area of
activity and only during periods when
Vineyard Northeast’s acoustic sources
are active. There are no rookeries,
mating or calving grounds known to be
biologically important to marine
mammals within the proposed survey
area.
As noted for the 2022 IHA (87 FR
52913, August 30, 2022), the proposed
survey area overlaps a migratory
corridor BIA and migratory route SMAs
(Port of New Jersey/New York and Block
Island) for North Atlantic right whales.
As the survey activities would be
temporary and the spatial acoustic
footprint produced by the survey would
be very small relative to the spatial
extent of the available migratory habitat
in the BIA (269,448 km2), NMFS does
not expect North Atlantic right whale
migration to be impacted by the survey.
Required vessel strike avoidance
measures would also decrease risk of
ship strike during migration; no ship
strike is expected to occur during
Vineyard Northeast’s proposed
activities. Vineyard Northeast would be
required to comply with seasonal speed
restrictions of these SMAs, and in any
dynamic management area (DMA),
should NMFS establish one (or more) in
the proposed survey area. Additionally,
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Vineyard Northeast requested and
NMFS proposes to authorize only 12
takes by Level B harassment of NARWs.
This amount is less than the 40 Level B
harassment takes authorized in the 2022
IHA due to the updated Duke University
density data (Roberts et al., 2023) and
reduced survey area.
Although take by Level B harassment
of North Atlantic right whales has been
proposed for authorization by NMFS,
we anticipate a very low level of
harassment, should it occur, because
Vineyard Northeast is required to
maintain a shutdown zone of 500 m if
a North Atlantic right whale is observed.
The takes proposed for authorization
account for any missed animals wherein
the survey equipment is not shut down
immediately. As shutdown would be
called for immediately upon detection
(if the whale is within 500 m), it is
likely the exposure time would be very
limited and received levels would not
be much above the harassment
threshold. Further, the 500-m shutdown
zone for right whales is conservative,
considering the distance to the Level B
harassment isopleth for the most
impactful acoustic source (i.e., Applied
Acoustics AA251 Boomer—which may
not be used on all survey days) is
estimated to be 178 m, and thereby
minimizes the potential for behavioral
harassment of this species. As noted
previously, Level A harassment is not
expected due to the small permanent
threshold shift (PTS) zones associated
with HRG equipment types proposed for
use. NMFS does not anticipate North
Atlantic right whale takes that would
result from Vineyard Northeast’s
activities would impact annual rates of
recruitment or survival. Thus, any takes
that occur would not result in
population level impacts.
We also note that our findings for
other species with active UMEs that
were previously described for the 2022
IHA (87 FR 52913, August 30, 2022)
remain applicable to this project. In
addition, our analysis of survey effects
on species with BIAs that overlap with
the proposed survey area remains
unchanged. 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 would effect the least
practicable impact on marine mammal
species or stocks and their habitat; (2)
the proposed authorized takes would
have a negligible impact on the affected
marine mammal species or stocks; (3)
the proposed authorized takes represent
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small numbers of marine mammals
relative to the affected stock
abundances; (4) Vineyard Northeast’s
activities would 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
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 OPR consults internally
whenever we propose to authorize take
for endangered or threatened species.
NMFS is proposing to authorize the
incidental take of five species of marine
mammals which are listed under the
ESA, including the North Atlantic right,
fin, sei, blue, 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 Vineyard Northeast for
conducting high-resolution geophysical
site characterization surveys offshore of
Massachusetts to southern New Jersey
for a period of 1 year, 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-undermarine-mammal-protection-act.
Request for Public Comments
We request comment on our analyses
(included in both this document and the
referenced documents supporting the
2022 IHA; Incidental Take
Authorization (ITA) application; issued
IHA; and Federal Register notices
including 87 FR 30872, May 20, 2022;
87 FR 52913, August 30, 2022), the
proposed authorization, and any other
aspect of this notice of proposed IHA for
the proposed site characterization
surveys. We also request comment on
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40219
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, 1-year renewal IHA
following notice to the public providing
an additional 15 days for public
comments when (1) up to another year
of identical or nearly identical activities
as described in the Description of 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 1 year from
expiration of the initial IHA);
• The request for renewal must
include the following:
(1) An explanation that the activities
to be conducted under the requested
renewal IHA are identical to the
activities analyzed under the initial
IHA, are a subset of the activities, or
include changes so minor (e.g.,
reduction in pile size) that the changes
do not affect the previous analyses,
mitigation and monitoring
requirements, or take estimates (with
the exception of reducing the type or
amount of take);
(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;
and
• 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.
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Dated: June 14, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–13118 Filed 6–20–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Agency Information Collection
Activities; Submission to the Office of
Management and Budget (OMB) for
Review and Approval; Comment
Request; Analysis of and Participation
in Ocean Exploration Video Products
National Oceanic &
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of Information
Collection, request for comment.
AGENCY:
The Department of
Commerce, in accordance with the
Paperwork Reduction Act of 1995
(PRA), invites the general public and
other Federal agencies to comment on
proposed, and continuing information
collections, which helps us assess the
impact of our information collection
requirements and minimize the public’s
reporting burden. The purpose of this
notice is to allow for 60 days of public
comment preceding submission of the
collection to OMB.
DATES: To ensure consideration,
comments regarding this proposed
information collection must be received
on or before August 21, 2023.
ADDRESSES: Interested persons are
invited to submit written comments to
Adrienne Thomas, NOAA PRA Officer,
at NOAA.PRA@noaa.gov. Please
reference OMB Control Number 0648–
0748 in the subject line of your
comments. Do not submit Confidential
Business Information or otherwise
sensitive or protected information.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information or
specific questions related to collection
activities should be directed to Abby
Letts, LTJG/NOAA, NOAA Ocean
Exploration, Joint Hydrographic Center,
24 Colovos Rd., Durham, NH 03824,
(301) 325–3792; abby.letts@noaa.gov.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Abstract
This request is for a revision and
extension to an existing information
collection.
NOAA Ocean Exploration (OE) is the
only federal organization dedicated to
ocean exploration. By using unique
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capabilities in terms of personnel,
technology, infrastructure, and
exploration missions, OE is reducing
unknowns in deep-ocean areas and
providing high-value environmental
intelligence needed by NOAA and the
nation to address both current and
emerging science and management
needs. Through live video and data
streams, online coverage, training
opportunities, and events, we allow
scientists, resource managers, students,
members of the general public, and
others to actively experience ocean
exploration, allowing broader scientific
participation, and cultivating the next
generation of ocean explorers, and
engaging the public in exploration
activities. To better understand our
ocean, our office makes exploration data
available to the public. This allows us,
collectively, to more effectively
maintain ocean health, sustainably
manage our marine resources, accelerate
our national economy, and build a
better appreciation of the value and
importance of the ocean in our everyday
lives. It is only through leveraging
resources internally and externally that
we can truly achieve our mission.
Since the inception of NOAA’s
exploration program in 2001, OE data
management has been guided by the
2000 President’s Panel Report
recommendations which prioritized
rapid and unrestricted data sharing as
one of five critical exploration program
components. More recently, Public Law
111–11 [Section XII Ocean Exploration]
reinforced and expanded OER data
management objectives, continuing to
stress the importance of sharing unique
exploration data and information to
improve public understanding of the
oceans, and for research and
management purposes.
Telepresence satellite communication
from the ship to shore brings the
unknown ocean to the screens of both
scientists and the general public in their
homes, schools or offices in near real
time. With technology constantly
evolving, it is important to address the
needs of the shore based scientists and
public to maintain a high level of
participation. We use voluntary surveys
to identify the needs of users of data,
best approaches to leverage expertise of
shore based participants for meaningful
public engagement focused on ocean
exploration.
The five forms used to collect
information are as follows: (1) Sailing
Contact Information. This form is sent to
the few scientists that directly sail on
NOAA Ship Okeanos Explorer. The
ship’s operational officer needs certain
information such as: if a sailing
individual has securely submitted their
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
proper medical documents to NOAA’s
Office of Marine and Aviation
Operations; if the person is up to date
with required security documents, such
as a passport, if the ship is traveling to
a foreign port; any dietary restrictions so
that the person will be served food that
is safe. (2) Okeanos Explorer
Participation Assessment. This
voluntary form is sent to the scientists
that sailed on any Okeanos Explorer
cruise funded by NOAA’s Office of
Ocean Exploration and Research to
record any feedback they wish to
provide to the office about their
experience. The office uses their
feedback in assessments for improving
the utility and experience of these
scientific guests sailing on the Okeanos
Explorer. (3) EX Collaboration Tools
Feedback. This voluntary form is sent to
members of the marine scientific
community at the beginning of a fiscal
year to ask if members would like to
participate in any of the upcoming
cruises and to what degree, such as
simply asking to be included in emailed
updates or if they want to be on a direct
line to the ship for remotely operated
vehicle dive operations. (4) Citizen
Scientist. This voluntary form is
available to general members of the
public and is used for members to
improve the annotation efforts when
watching short video clips of 30 seconds
to 5 minutes. (5) Science Lead
Solicitation. This voluntary form will be
used to solicit interest from the
scientific community to serve as a
Science Lead on one of NOAA Ocean
Exploration’s expeditions.
The first forms described above will
include minor revisions, and the fifth
form is a new addition. The Sailing
Contact Information form will be
revised to include updated
informational attachments (e.g., links to
updated COVID guidance, medical
clearance, and underwater cultural
heritage protocols) and updated
expedition names and dates for a given
calendar year. The Okeanos Explorer
Participation Assessment will be revised
to replace some technical/scientific
questions with questions that relate to
communication, leadership, and
workplace climate. The EX
Collaboration Tools form will be revised
to include updated informational
attachments (e.g., underwater cultural
heritage protocols) and updated
expedition names and dates for a
calendar year. The Citizen Scientist
form will be updated for expedition
names and dates for a calendar year.
II. Method of Collection
Information is collected
electronically.
E:\FR\FM\21JNN1.SGM
21JNN1
]]>Agencies
[Federal Register Volume 88, Number 118 (Wednesday, June 21, 2023)]
[Notices]
[Pages 40212-40220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-13118]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD032]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Site Characterization Surveys
Offshore From Massachusetts to New Jersey for Vineyard Northeast, LLC
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; proposed incidental harassment authorization (IHA);
request for comments on proposed authorization and possible renewal.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Vineyard Northeast, LLC
(Vineyard Northeast) for authorization to take marine mammals
incidental to marine site characterization surveys offshore from
Massachusetts to New Jersey in the Bureau of Ocean Energy Management
(BOEM) Commercial Lease of Submerged Lands for Renewable Energy
Development on the Outer Continental Shelf Lease Areas OCS-A 0522 and
OCS-A 0544 (Lease Areas) and associated offshore export cable corridor
(OECC) routes.
DATES: Comments and information must be received no later than July 21,
2023.
ADDRESSES: Comments should be addressed to Jolie Harrison, Chief,
Permits and Conservation Division, Office of Protected Resources,
National Marine Fisheries Service. Written
[[Page 40213]]
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. 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: Jessica Taylor, Office of Protected
Resources, NMFS, (301) 427-8401. Electronic copies of the original
application and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of problems accessing these
documents, please call the contact listed above.
SUPPLEMENTARY INFORMATION:
Background
The activities described in Vineyard Northeast's request and the
acoustic sources proposed for use are identical to what was previously
analyzed in support of the IHA issued by NMFS to Vineyard Northeast for
2022 site characterization surveys (2022 IHA) (87 FR 30872, May 20,
2022; 87 FR 52913, August 30, 2022), although the survey duration and
project area will be a subset of the survey effort authorized for the
2022 IHA as a portion of this effort has been completed. All proposed
mitigation, monitoring, and reporting requirements remain the same.
While Vineyard Northeast's planned activity would qualify for renewal
of the 2022 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 to proceed with a new IHA process rather than a renewal,
providing 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 allow Vineyard
Northeast 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
authorization and agency responses will be summarized in the final
notice of our decision.
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.
Summary of Request
On April 17, 2023, NMFS received a request from Vineyard Northeast
for an IHA to take marine mammals incidental to high resolution
geophysical (HRG) marine site characterization surveys offshore from
Massachusetts to New Jersey in the areas of BOEM Commercial Lease of
Submerged Lands for Renewable Energy Development on the OCS-A 0522
(Lease Area), OCS-A 0544 (Lease Area), and associated offshore export
cable corridor (OECC) routes. Following NMFS' review of the
application, Vineyard Northeast submitted a revised request on May 25,
2023. The application (the 2023 request) was deemed adequate and
complete on May 25, 2023. Vineyard Northeast's request is for take of
19 species (comprising 20 stocks) of marine mammals, by Level B
harassment only. Neither Vineyard Northeast nor NMFS expect serious
injury or mortality to result from this activity and, therefore, an IHA
is appropriate. Take by Level A harassment (injury) is unlikely, even
absent mitigation, based on the characteristics of the signals produced
by the acoustic sources planned for use.
NMFS has previously issued a similar IHA to Vineyard Northeast. On
December 17, 2021, NMFS received a request from Vineyard Northeast for
an IHA to take marine mammals incidental to marine site
characterization surveys offshore from Massachusetts to New Jersey, in
the area of Commercial Lease of Submerged Lands for Renewable Energy
Development on the Outer Continental Shelf Lease Areas OCS-A 0522 and
OCS-A 0544 (Lease Areas) and potential OECC routes to landfall
locations. Vineyard Northeast requested authorization to take small
numbers of 19 species (comprising 20 stocks) of marine mammals by Level
B harassment only. NMFS published a notice of the proposed IHA in the
Federal Register
[[Page 40214]]
on May 20, 2022 (87 FR 30872). After a 30-day public comment period and
consideration of all public comments received, we subsequently issued
the 2022 IHA, which is effective from July 27, 2022, to July 26, 2023
(87 FR 52913, August 30, 2022).
Vineyard Northeast completed a subset of the survey work under the
2022 IHA and submitted a preliminary monitoring report, which
demonstrates that they conducted the required marine mammal mitigation
and monitoring, and did not exceed the authorized levels of take under
the previous IHA issued for surveys offshore from Massachusetts to New
Jersey (See 87 FR 52913, August 30, 2022). These monitoring results are
available to the public on our website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.
The 2023 request is nearly identical to the 2022 IHA, with the
exception that the survey effort is a subset of the original effort
authorized for the 2022 IHA. However, Duke University's Marine
Geospatial Ecology Laboratory released updated marine mammal density
information (June 20, 2022) for all species in the project area
(https://seamap.env.duke.edu/models/Duke/EC/ EC/) after issuance of the
2022 IHA, and NMFS determined it would issue a proposed IHA rather than
undertake the renewal process. In evaluating the 2023 request and to
the extent deemed appropriate, NMFS also relies on the information
presented in notices associated with issuance of the 2022 IHA (87 FR
30872, May 30 2022; 87 FR 52913, August 30, 2022).
Description of the Proposed Activity and Anticipated Impacts
Overview
Vineyard Northeast proposes to conduct HRG surveys in the BOEM
Lease Areas OCS-A 0522 and 0544 and along potential submarine OECC's
from southern Massachusetts to southern New Jersey. The purpose of the
proposed surveys is to obtain an assessment of seabed (geophysical,
geotechnical, and geohazard), ecological, and archeological conditions
within the footprint of the planned offshore wind facility development
area. Surveys are also conducted to inform and support engineering
design and to map unexploded ordnance. Survey equipment would be
deployed from multiple vessels during site characterization activities
in the project area, and up to two vessels would operate at a time in
the lease areas and along the OECCs. During survey effort, the vessel
would operate at a maximum speed of 4 knots (4.6 miles or 7.4 km per
hour). Underwater sound, resulting from Vineyard Northeast's
activities, has the potential to result in incidental take of marine
mammals in the form of Level B harassment.
Dates and Duration
The proposed activity is estimated to require 467 survey days
(37,360 km of trackline) using a maximum of 4 concurrently operating
survey vessels, and is expected to be carried out over the course of
the 1-year period beginning from the date of issuance of this IHA. A
``survey day'' is defined as a 24-hour (hr) activity period in which
active HRG acoustic sources are used. This schedule is inclusive of any
inclement weather downtime and crew transfers. The number of survey
days was calculated as the number of days needed to reach the overall
level of effort required to meet survey objectives assuming any single
vessel covers, on average, 80 km (49.7 miles) of survey trackline per
24 hours of operations. By the time the 2022 IHA expires, Vineyard
Northeast expects to have completed 302 vessel days (24,160 km of
trackline) of the original planned survey effort (869 vessel days;
69,520 km of trackline). Vineyard Northeast has estimated survey effort
to require 100 vessel days (8,000 km of trackline) less than originally
anticipated in association with the 2022 IHA (87 FR 52913, August 30,
2022).
Specific Geographic Region
Vineyard Northeast's proposed activities would occur in both
Federal offshore waters (including Lease Areas OCS-A 0522 and OCS-A
0544) and along potential OECCs in both Federal and State nearshore
waters of Massachusetts, Rhode Island, Connecticut, New York, and New
Jersey, as shown in Figure 1. As compared to the 2022 IHA (87 FR 52913,
August 30, 2022), Vineyard Northeast revised their project area to be
more representative of the actual area in which HRG surveys would
occur. The revised project area description is based upon updated
information received from the Vineyard Northeast site investigation
team.
The Lease Area OCS-A 0522 is approximately 536 square kilometers
(km\2\) (132,370 acres) and located 24 kilometers (km) (15 miles; mi)
from the southeast corner of Martha's Vineyard, within the
Massachusetts Wind Energy Area (WEA). The 174 km\2\ (43,056 acre) Lease
Area OCS-A 0544 is located approximately 38 km (24 mi) from Long
Island, New York, within BOEM's Mid-Atlantic Planning Area. Surveys
outside of the Lease Areas would extend from southern Massachusetts to
southern New Jersey, including the Massachusetts/Rhode Island WEA as
well as the northern portion of the Mid-Atlantic planning area. Total
survey area would be approximately 33,814 km\2\ (8,355,621.4 acres).
Water depth across the proposed survey area ranges from approximately
35 to 60 meters (m) (115 to 197 feet [ft]) in the Lease Areas. Average
water depth along the proposed OECCs is approximately 38 m (123.8 ft).
[[Page 40215]]
[GRAPHIC] [TIFF OMITTED] TN21JN23.042
Detailed Description of the Action
A detailed description of the proposed survey activities can be
found in the previous Federal Register notices (87 FR 30872, May 20,
2022; 87 FR 52913, August 30, 2022) and supplementary documents,
available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-vineyard-northeast-llc-marine-site-characterization-surveys. The specific geographic region and nature of the activities,
including the types of HRG equipment planned for use (side scan sonar,
multibeam echosounder, magnetometers and gradiometers, parametric sub-
bottom profiler (SBP), compressed high intensity radar pulse (CHIRP)
SBP, boomers, and sparkers; daily trackline distances (80 km per day);
and the number of survey vessels (up to two in a Lease Area and up to
two along OECC routes, including nearshore survey areas) are identical
or nearly identical to those described in those previous notices.
Description of Marine Mammals
A description of the marine mammals in the proposed survey area can
be found in the previous documents and notices for the 2022 IHA (87 FR
30872, May 20, 2022; 87 FR 52913, August 30, 2022), which remains
applicable to this proposed IHA. NMFS reviewed the most recent draft
Stock Assessment Reports (SARs, found on NMFS' website at https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments, up-to-date information on relevant Unusual Mortality
Events (UMEs; https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-unusual-mortality-events), and recent
scientific literature and determined that no new information affects
our original analysis of impacts under the 2022 IHA.
NMFS notes that, since issuance of the 2022 IHA, a new SAR is
available for the North Atlantic right whale. Estimated abundance for
the species declined from 368 to 338. However, this change does not
affect our analysis of impacts, as described under the 2022 IHA.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activities
on marine mammals and their habitat can be found in the documents
supporting the 2022 IHA (87 FR 30872, May 20, 2022; 87 FR 52913, August
30, 2022). At present, there is no new information on potential effects
that would influence our analysis.
Estimated Take
A detailed description of the methods used to estimate take
anticipated to occur incidental to the project is found in the previous
Federal Register notices (87 FR 30872, May 20, 2022; 87 FR 52913,
August 30, 2022). The methods of estimating take are identical to those
used in the 2022 IHA. Vineyard Northeast updated the marine mammal
densities based on new information (Roberts et al., 2016; Roberts et
al., 2023), available online at: https://seamap.env.duke.edu/models/Duke/EC/ EC/. We refer the reader to Table 8 in Vineyard Northeast's 2023
IHA request for the specific density values used in the analysis. The
IHA request is
[[Page 40216]]
available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable.
The take that NMFS proposes to authorize can be found in Table 1,
which presents the results of Vineyard Northeast's density-based
calculations for the survey area. For comparative purposes, we have
provided the 2022 IHA authorized Level B harassment take (87 FR 52913,
August 30, 2022). 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.
Mortality or serious injury is neither anticipated to occur nor
proposed for authorization.
Table 1--Summary of Take Numbers Proposed for Authorization
--------------------------------------------------------------------------------------------------------------------------------------------------------
2023 Proposed IHA
-------------------------------
2022 IHA Take proposed
Species Scientific name Stock Abundance authorized for Max percent
take authorization population
\1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue whale........................... Balaenoptera musculus... Western North Atlantic. 402 1 1 0.25
North Atlantic Right Whale........... Eubalaena glacialis..... Western North Atlantic. 338 40 12 3.6
Humpback Whale....................... Megaptera novaeangliae.. Gulf of Maine.......... 1,396 47 12 0.86
Fin Whale............................ Balaenoptera physalus... Western North Atlantic. 6,802 77 20 0.29
Sei Whale............................ Balaenoptera borealis... Nova Scotia............ 6,292 5 5 0.08
Minke whale.......................... Balaenoptera Canadian Eastern 21,968 42 46 0.21
acutorostrata. Coastal.
Sperm whale.......................... Physeter macrocephalus.. North Atlantic......... 4,349 12 2 0.05
Long-finned pilot whale \1\.......... Globicephala melas...... Western North Atlantic. 39,215 405 17 0.04
Killer whale \2\..................... Orcinus orca............ Western North Atlantic. UNK 2 \3\ 4 \4\ 5.9
False killer whale \2\............... Pseudorca crassidens.... Western North Atlantic. 1,791 5 5 0.28
Atlantic spotted dolphin \3\......... Stenella frontalis...... Western North Atlantic. 39,921 29 29 0.07
Atlantic white-sided dolphin......... Lagenorhynchus acutus... Western North Atlantic. 93,233 1,124 129 0.14
Bottlenose dolphin................... Tursiops truncatus...... Western North Atlantic 6,639 151 45 0.68
Northern Migratory
Coastal.
Western North Atlantic 62,851 569 169 0.27
Offshore.
Common dolphin....................... Delphinus delphis....... Western North Atlantic. 172,974 13,904 7,472 4.3
Risso's dolphin...................... Grampus griseus......... Western North Atlantic. 35,215 101 9 0.03
White-beaked dolphin \2\............. Lagenorhynchus Western North Atlantic. 536,016 30 30 0.006
albirostris.
Harbor porpoise...................... Phocoena phocoena....... Gulf of Maine/Bay of 95,543 2,033 347 0.36
Fundy.
Harbor seal \5\...................... Phoca vitulina.......... Western North Atlantic. 61,336 939 939 1.5
Gray seal \5\........................ Halichoerus grypus...... Western North Atlantic. \6\ 27,300 418 418 1.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Roberts et al. (2023) only provides density estimates for pilot whales as a guild. Given the project's location, NMFS assumes that all take will be
of long-finned pilot whales.
\2\ Rare (or unlikely to occur) species.
\3\ Adjusted according to average group size (Kraus et al., 2016; Palka et al., 2017).
\4\ Based upon minimum population estimate of 67 individual killer whales identified in the Northwestern Atlantic Ocean (Lawson and Stevens, 2014).
\5\ Roberts et al. (2023) only provides density estimates for seals without differentiating by species. In order to determine the species-specific
density-based exposure estimates for seals, Vineyard Northeast used the following approach. Vineyard Northeast summed the SAR Nbest abundance
estimates (Hayes et al., 2022) for the 2 seal species and divided the total by the estimate for each species to get the proportion of the total for
each species. Vineyard Northeast then multiplied these proportions by the total estimated exposure for the seal guild density (Roberts et al., 2023)
to get the species-specific density-based exposure estimates. NMFS accepts this approach.
\6\ 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.
Description of Proposed Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures proposed here
are identical to those included in the Federal Register notice
announcing the final 2022 IHA and the discussion of the least
practicable adverse impact included in that document remains accurate.
These mitigation, monitoring, and reporting measures are described
below. As described in the previous Federal Register notices (87 FR
30872, May 20, 2022; 87 FR 52913, August 30, 2022), NMFS determined
that issuance of the 2022 IHA to Vineyard Northeast was within the
scope of the NOAA Fisheries Greater Atlantic Regional Office (GARFO)
programmatic consultation regarding geophysical surveys along the U.S.
Atlantic coast in the three Atlantic Renewable Energy Regions (NOAA
GARFO, 2021; 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). NMFS similarly concludes that
the currently proposed survey activities are within scope of the
consultation, and thus will require adherence to the relevant Project
Design Criteria (PDC) (specifically PDCs 4, 5, and 7).
Additionally, on August 1, 2022, NMFS announced proposed changes to
the existing North Atlantic right whale vessel speed regulations to
further reduce the likelihood of mortalities and serious injuries to
endangered North Atlantic right whales 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 must be
followed. 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 Vineyard
Northeast if the measures in the speed rule were to supersede any of
the measures in the MMPA authorization.
Establishment of Shutdown Zones (SZ)--Marine mammal SZs must be
[[Page 40217]]
established around the HRG survey equipment and monitored by NMFS-
approved protected species observers (PSO) during HRG surveys as
follows:
500-m SZ for North Atlantic right whales during use of
specified acoustic sources (impulsive: sparkers and boomers; non-
impulsive: non-parametric sub-bottom profilers); and,
100-m SZ for all other marine mammals (excluding North
Atlantic right whales) during operation of the sparker and boomer. The
only exception for this is for pinnipeds (seals) and small delphinids
(i.e., those from the genera Delphinus, Lagenorhynchus, Stenella or
Tursiops).
If a marine mammal is detected approaching or entering the SZs
during the HRG survey, the vessel operator would adhere to the shutdown
procedures described below to minimize noise impacts on the animals.
During use of acoustic sources with the potential to result in marine
mammal harassment (sparkers, boomers, and non-parametric sub-bottom
profilers; i.e., anytime the acoustic source is active, including ramp-
up), occurrences of marine mammals within the monitoring zone (but
outside the SZs) must be communicated to the vessel operator to prepare
for potential shutdown of the acoustic source.
Visual Monitoring--Monitoring must be conducted by qualified PSOs
who are trained biologists, with minimum qualifications described in
the Federal Register notices for the 2022 project (87 FR 30872, May 20,
2022; 87 FR 52913, August 30, 2022). Vineyard Northeast must have one
PSO on duty during the day and a minimum of two NMFS-approved PSOs must
be on duty and conducting visual observations when HRG equipment is in
use at night. Visual monitoring must begin no less than 30 minutes
prior to ramp-up of HRG equipment and continue until 30 minutes after
use of the acoustic source. PSOs must establish and monitor the
applicable clearance zones, SZs, and vessel separation distances as
described in the 2022 IHA (87 FR 52913, August 30, 2022). PSOs must
coordinate to ensure 360-degree visual coverage around the vessel from
the most appropriate observation posts, and must conduct observations
while free from distractions and in a consistent, systematic, and
diligent manner. PSOs are required to estimate distances to observed
marine mammals. It is the responsibility of the Lead PSO on duty to
communicate the presence of marine mammals as well as to communicate
action(s) that are necessary to ensure mitigation and monitoring
requirements are implemented as appropriate.
Pre-Start Clearance--Marine mammal clearance zones (CZs) must be
established around the HRG survey equipment and monitored by NMFS-
approved PSOs prior to use of boomers, sparkers, and non-parametric
sub-bottom profilers as follows:
500-m CZ for all Endangered Species Act-listed species;
and
100-m CZ for all other marine mammals.
Prior to initiating HRG survey activities, Vineyard Northeast must
implement a 30-minute pre-start clearance period. The operator must
notify a designated PSO of the planned start of ramp-up where the
notification time should not be less than 60 minutes prior to the
planned ramp-up to allow the PSOs to monitor the CZs for 30 minutes
prior to the initiation of ramp-up. Prior to ramp-up beginning,
Vineyard Northeast must receive confirmation from the PSO that the CZs
are clear prior to preceding. 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 zones.
During this 30-minute period, the entire CZ must be visible. The
exception to this would be in situations where ramp-up must occur
during periods of poor visibility (inclusive of nighttime) as long as
appropriate visual monitoring has occurred with no detections of marine
mammals in 30 minutes prior to the beginning of ramp-up.
If a marine mammal is observed within the relevant CZs during the
pre-start clearance period, initiation of HRG survey equipment must not
begin until the animal(s) has been observed exiting the respective CZ,
or, until an additional period has elapsed with no further sighting
(i.e., minimum 15 minutes for small odontocetes and seals; 30 minutes
for all other species). The pre-start clearance requirement includes
small delphinids. PSOs must also continue to monitor the zone for 30
minutes after survey equipment is shut down or survey activity has
concluded.
Ramp-Up of Survey Equipment--When technically feasible, a ramp-up
procedure must be used for geophysical survey equipment capable of
adjusting energy levels at the start or re-start of survey activities.
The ramp-up procedure must be used at the beginning of HRG survey
activities in order to provide additional protection to marine mammals
near the project area by allowing them to detect the presence of the
survey and vacate the area prior to the commencement of survey
equipment operation at full power. Ramp-up of the survey equipment must
not begin until the relevant SZs have been cleared by the PSOs, as
described above. HRG equipment operators must ramp up acoustic sources
to half power for 5 minutes and then proceed to full power. If any
marine mammals are detected within the SZs prior to or during ramp-up,
the HRG equipment must be shut down (as described below).
Shutdown Procedures--If an HRG source is active and a marine mammal
is observed within or entering a relevant SZ (as described above), an
immediate shutdown of the HRG survey equipment is required. When
shutdown is called for by a PSO, the acoustic source must be
immediately deactivated and any dispute resolved only following
deactivation. Any PSO on duty has the authority to delay the start of
survey operations or to call for shutdown of the acoustic source if a
marine mammal is detected within the applicable SZ. The vessel operator
must establish and maintain clear lines of communication directly
between PSOs on duty and crew controlling the HRG source(s) to ensure
that shutdown commands are conveyed swiftly while allowing PSOs to
maintain watch. Subsequent restart of the HRG equipment may only occur
after the marine mammal has been observed exiting the relevant SZ, or,
until an additional period has elapsed with no further sighting of the
animal within the relevant SZ.
Upon implementation of shutdown, the HRG source may be reactivated
after the marine mammal that triggered the shutdown has been observed
exiting the applicable SZ or, following a clearance period of 15
minutes for small odontocetes (i.e., harbor porpoise) and 30 minutes
for all other species with no further observation of the marine
mammal(s) within the relevant SZ. If the HRG equipment is shut down for
brief periods (i.e., less than 30 minutes) for reasons other than
mitigation (e.g., mechanical or electronic failure) the equipment may
be reactivated as soon as is practicable at full operational level,
without 30 minutes of pre-clearance, only if PSOs have maintained
constant visual observation during the shutdown and no visual
detections of marine mammals occurred within the applicable SZs during
that time. For a shutdown of 30 minutes or longer, or if visual
observation was not continued diligently during the pause, pre-
clearance observation is required, as described above.
The shutdown requirement is waived for pinnipeds (seals) and
certain genera of small delphinids (i.e., Delphinus, Lagenorhynchus,
Stenella, or Tursiops) under certain circumstances. If a delphinid(s)
from these genera is
[[Page 40218]]
visually detected within the SZ, shutdown would not be required. If
there is uncertainty regarding identification of a marine mammal
species (i.e., whether the observed marine mammal(s) belongs to one of
the delphinid genera for which shutdown is waived), PSOs must use best
professional judgment in making the decision to call for a shutdown.
If a species for which authorization has not been granted, or a
species for which authorization has been granted but the authorized
number of takes have been met, approaches or is observed within the
area encompassing the Level B harassment isopleth (178 m), shutdown
must occur.
Vessel Strike Avoidance--Vineyard Northeast must comply with vessel
strike avoidance measures as described in the Federal Register notice
for the 2022 IHA (87 FR 52913, August 30, 2022). This includes speed
restrictions (10 knots or less) when mother/calf pairs, pods, or large
assemblages of cetaceans are spotted near a vessel; species-specific
vessel separation distances; appropriate vessel actions when a marine
mammal is sighted (e.g., avoid excessive speed, remain parallel to
animal's course, etc.); and monitoring of the NMFS North Atlantic Right
Whale reporting system and WhaleAlert daily.
Throughout all phases of the survey activities, Vineyard Northeast
must monitor NOAA Fisheries North Atlantic right whale reporting
systems for the establishment of a dynamic management area (DMA). If
NMFS establishes a DMA in the surrounding area, including the project
area or export cable routes being surveyed, Vineyard Northeast is
required to abide by the 10-knot speed restriction.
Training--Project-specific training is required for all vessel crew
prior to the start of survey activities.
Reporting--PSOs must record specific information as described in
the Federal Register notice of the issuance of the 2022 IHA (87 FR
52913, August 30, 2022). Within 90 days after completion of survey
activities, Vineyard Northeast must provide NMFS with a monitoring
report, which must include summaries of recorded takes and estimates of
the number of marine mammals that may have been harassed.
In the event of a ship strike or discovery of an injured or dead
marine mammal, Vineyard Northeast must report the incident to the
Office of Protected Resources (OPR), NMFS and to the New England/Mid-
Atlantic Regional Stranding Coordinator as soon as feasible. The report
must include the information listed in the Federal Register notice of
the issuance of the initial IHA (87 FR 52913, August 30, 2022).
Preliminary Determinations
Vineyard Northeast's HRG survey activities are a subset but
otherwise unchanged from those analyzed in support of the 2022 IHA. The
effects of the activity, taking into consideration the proposed
mitigation and related monitoring measures, remain unchanged from those
evaluated in support of the 2022 IHA, regardless of the minor increase
in estimated take for one species (minke whale). NMFS expects that all
potential takes would be short-term Level B behavioral harassment in
the form of temporary avoidance of the area or decreased foraging,
reactions that are considered to be of low severity and with no lasting
biological consequences (e.g., Southall et al., 2007). In addition to
being temporary, the maximum harassment zone around a survey vessel is
178 m from use of the Applied Acoustics AA251 Boomer. Although this
distance is assumed for all survey activity evaluated here and in
estimating take numbers proposed for authorization, in reality, much of
the survey activity would involve use of acoustic sources with a
reduced acoustic harassment zone (4 m for the Edge Tech Chirp 216 or
141 m for the GeoMarine Geo Spark 2000), producing expected effects of
particularly low severity. Therefore, the ensonified area surrounding
each vessel is relatively small compared to the overall distribution of
the animals in the area and the available habitat.
The proposed survey area overlaps or is in close proximity to
feeding biologically important areas (BIA)s for North Atlantic right
whales (Cape Cod Bay and Massachusetts Bay BIA, February-April/Great
South Channel and Georges Bank Shelf Break BIA, April-June), humpback
whales (March-December), fin whales (year-round/March-October), sei
whales (May-November), and minke whales (March-November), as well as
overlaps the migratory BIA for North Atlantic right whales (November 1-
April 30) (LaBrecque et al., 2015). In addition, the proposed survey
area overlaps with the area south of Martha's Vineyard and Nantucket,
referred to as ``South of the Islands,'' which has been identified as
relatively new year-round core North Atlantic right whale foraging
habitat (Oleson et al., 2020; Quintana-Rizzo et al., 2021). As prey
species are mobile and broadly distributed throughout the survey area,
marine mammals that are temporarily displaced during survey activities
are expected to be able to resume foraging once they have moved away
from areas with disturbing levels of underwater noise, thus we do not
expect biologically significant impacts to feeding behavior. In
addition, most of these feeding BIAs are extensive and sufficiently
large (e.g., 3,149 km\2\ and 12,247 km\2\ for North Atlantic right
whales; 47,701 km\2\ for humpback whales; 18,015 km\2\ and 2,933 km\2\
for fin whales; 56,609 km\2\ for sei whales; 54,341 for minke whales),
and the acoustic footprint of the proposed survey is sufficiently small
that feeding opportunities for these species would not be reduced
appreciably. Due to the temporary nature of the disturbance and the
availability of similar habitat and resources in the surrounding area,
the impacts to marine mammals and the food sources that they utilize
are not expected to cause significant or long-term consequences for
individual marine mammals or their populations. Even considering the
increased estimated take for one species (minke whales), 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 previously discussed in the 2022 IHA (87 FR 52913, August 30,
2022), impacts from the survey are expected to be localized to the
specific area of activity and only during periods when Vineyard
Northeast's acoustic sources are active. There are no rookeries, mating
or calving grounds known to be biologically important to marine mammals
within the proposed survey area.
As noted for the 2022 IHA (87 FR 52913, August 30, 2022), the
proposed survey area overlaps a migratory corridor BIA and migratory
route SMAs (Port of New Jersey/New York and Block Island) for North
Atlantic right whales. As the survey activities would be temporary and
the spatial acoustic footprint produced by the survey would be very
small relative to the spatial extent of the available migratory habitat
in the BIA (269,448 km\2\), NMFS does not expect North Atlantic right
whale migration to be impacted by the survey. Required vessel strike
avoidance measures would also decrease risk of ship strike during
migration; no ship strike is expected to occur during Vineyard
Northeast's proposed activities. Vineyard Northeast would be required
to comply with seasonal speed restrictions of these SMAs, and in any
dynamic management area (DMA), should NMFS establish one (or more) in
the proposed survey area. Additionally,
[[Page 40219]]
Vineyard Northeast requested and NMFS proposes to authorize only 12
takes by Level B harassment of NARWs. This amount is less than the 40
Level B harassment takes authorized in the 2022 IHA due to the updated
Duke University density data (Roberts et al., 2023) and reduced survey
area.
Although take by Level B harassment of North Atlantic right whales
has been proposed for authorization by NMFS, we anticipate a very low
level of harassment, should it occur, because Vineyard Northeast is
required to maintain a shutdown zone of 500 m if a North Atlantic right
whale is observed. The takes proposed for authorization account for any
missed animals wherein the survey equipment is not shut down
immediately. As shutdown would be called for immediately upon detection
(if the whale is within 500 m), it is likely the exposure time would be
very limited and received levels would not be much above the harassment
threshold. Further, the 500-m shutdown zone for right whales is
conservative, considering the distance to the Level B harassment
isopleth for the most impactful acoustic source (i.e., Applied
Acoustics AA251 Boomer--which may not be used on all survey days) is
estimated to be 178 m, and thereby minimizes the potential for
behavioral harassment of this species. As noted previously, Level A
harassment is not expected due to the small permanent threshold shift
(PTS) zones associated with HRG equipment types proposed for use. NMFS
does not anticipate North Atlantic right whale takes that would result
from Vineyard Northeast's activities would impact annual rates of
recruitment or survival. Thus, any takes that occur would not result in
population level impacts.
We also note that our findings for other species with active UMEs
that were previously described for the 2022 IHA (87 FR 52913, August
30, 2022) remain applicable to this project. In addition, our analysis
of survey effects on species with BIAs that overlap with the proposed
survey area remains unchanged. 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 would effect the least practicable impact
on marine mammal species or stocks and their habitat; (2) the proposed
authorized takes would 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) Vineyard Northeast's activities would 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
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 OPR consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS is proposing to authorize the incidental take of five species
of marine mammals which are listed under the ESA, including the North
Atlantic right, fin, sei, blue, 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 Vineyard Northeast for conducting high-resolution
geophysical site characterization surveys offshore of Massachusetts to
southern New Jersey for a period of 1 year, 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 2022 IHA; Incidental Take
Authorization (ITA) application; issued IHA; and Federal Register
notices including 87 FR 30872, May 20, 2022; 87 FR 52913, August 30,
2022), the 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, 1-year renewal
IHA following notice to the public providing an additional 15 days for
public comments when (1) up to another year of identical or nearly
identical activities as described in the Description of 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 1 year from expiration
of the initial IHA);
The request for renewal must include the following:
(1) An explanation that the activities to be conducted under the
requested renewal IHA are identical to the activities analyzed under
the initial IHA, are a subset of the activities, or include changes so
minor (e.g., reduction in pile size) that the changes do not affect the
previous analyses, mitigation and monitoring requirements, or take
estimates (with the exception of reducing the type or amount of take);
(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; and
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.
[[Page 40220]]
Dated: June 14, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-13118 Filed 6-20-23; 8:45 am]
BILLING CODE 3510-22-P
