Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to New England Wind, Phase 1 Park City Wind Marine Site Characterization Surveys, 88892-88894 [2023-28404]
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88892
Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
there are no relevant subsistence uses of
marine mammals adversely impacted by
this action. The proposed project is not
likely to adversely impact the
availability of any marine mammal
species or stocks that are commonly
used for subsistence purposes or to
impact subsistence harvest of marine
mammals in the region.
Based on the description of the
specified activity, the measures
described to minimize adverse effects
on the availability of marine mammals
for subsistence purposes, and the
proposed mitigation and monitoring
measures, NMFS has preliminarily
determined that there will not be an
unmitigable adverse impact on
subsistence uses from Trident’s
proposed activities.
khammond on DSKJM1Z7X2PROD with NOTICES
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species, in
this case with the Alaska Regional
Office.
NMFS is proposing to authorize take
of western DPS of Steller sea lions,
which are listed under the ESA. The
Permits and Conservation Division has
requested initiation of section 7
consultation with the Alaska Regional
Office for the issuance of this IHA.
NMFS will conclude the ESA
consultation prior to reaching a
determination regarding the proposed
issuance of the authorization.
Proposed Authorization
As a result of these preliminary
determinations, NMFS proposes to issue
an IHA to Trident for conducting
Bunkhouse Dock replacement project in
Kodiak, Alaska between March 1, 2024
and February 29, 2025, provided the
previously mentioned mitigation,
monitoring, and reporting requirements
are incorporated. A draft of the
proposed IHA can be found at: https://
www.fisheries.noaa.gov/national/
marine-mammal-protection/incidentaltake-authorizations-constructionactivities.
Request for Public Comments
We request comment on our analyses,
the proposed authorization, and any
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20:25 Dec 22, 2023
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other aspect of this notice of proposed
IHA for the proposed construction
project. We also request comment on the
potential renewal of this proposed IHA
as described in the paragraph below.
Please include with your comments any
supporting data or literature citations to
help inform decisions on the request for
this IHA or a subsequent renewal IHA.
On a case-by-case basis, NMFS may
issue a one-time, 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
Proposed Activity section of this notice
is planned or (2) the activities as
described in the Description of
Proposed Activity 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.
Upon review of the request for
renewal, the status of the affected
species or stocks, and any other
pertinent information, NMFS
determines that there are no more than
minor changes in the activities, the
mitigation and monitoring measures
will remain the same and appropriate,
and the findings in the initial IHA
remain valid.
Dated: December 19, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–28336 Filed 12–22–23; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD546]
Takes of Marine Mammals Incidental
To Specified Activities; Taking Marine
Mammals Incidental to New England
Wind, Phase 1 Park City Wind Marine
Site Characterization Surveys
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of incidental
harassment authorization.
AGENCY:
NMFS has received a request
from Park City Wind, LLC (Park City
Wind), for the re-issuance of a
previously issued incidental harassment
authorization (IHA) with the only
change being effective dates. The initial
IHA authorized take of marine mammals
incidental to marine site
characterization surveys in coastal
waters off of Massachusetts, Rhode
Island, Connecticut, and New York. The
project has been delayed and none of
the work covered in the initial IHA has
been conducted. The scope of the
activities and anticipated effects remain
the same, authorized take numbers are
not changed, and the required
mitigation, monitoring, and reporting
remains the same as included in the
initial IHA. NMFS is, therefore, issuing
a second identical IHA to cover the
incidental take analyzed and authorized
in the initial IHA.
DATES: This authorization is effective
from March 1, 2024, through February
28, 2025.
ADDRESSES: An electronic copy of the
final 2022 IHA previously issued to Park
City Wind, Park City Wind’s
application, and the Federal Register
notices proposing and issuing the initial
IHA may be obtained by visiting https://
www.fisheries.noaa.gov/action/
incidental-take-authorization-park-citywind-llc-new-england-wind-projectphase-1-marine. In case of problems
accessing these documents, please call
the contact listed below (see FOR
FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT:
Alyssa Clevenstine, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Sections 101(a)(5)(A) and (D) of the
Marine Mammal Protection Act (MMPA;
16 U.S.C. 1361 et seq.) direct the
Secretary of Commerce (as delegated to
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
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NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are issued or, if the taking is
limited to harassment, a notice of a
proposed authorization is provided to
the public for review.
An authorization for incidental
takings shall be granted if NMFS finds
that the taking will have a negligible
impact on the species or stock(s), will
not have an unmitigable adverse impact
on the availability of the species or
stock(s) for subsistence uses (where
relevant), and if the permissible
methods of taking and requirements
pertaining to the mitigation, monitoring,
and reporting of such takings are set
forth.
NMFS has defined ‘‘negligible
impact’’ in 50 CFR 216.103 as an impact
resulting from the specified activity that
cannot be reasonably expected to, and is
not reasonably likely to, adversely affect
the species or stock through effects on
annual rates of recruitment or survival.
The MMPA states that the term ‘‘take’’
means to harass, hunt, capture, kill or
attempt to harass, hunt, capture, or kill
any marine mammal.
Except with respect to certain
activities not pertinent here, the MMPA
defines ‘‘harassment’’ as any act of
pursuit, torment, or annoyance which (i)
has the potential to injure a marine
mammal or marine mammal stock in the
wild (Level A harassment); or (ii) has
the potential to disturb a marine
mammal or marine mammal stock in the
wild by causing disruption of behavioral
patterns, including, but not limited to,
migration, breathing, nursing, breeding,
feeding, or sheltering (Level B
harassment).
Summary of Request
On September 1, 2022, NMFS
published final notice of our issuance of
an IHA authorizing take of 16 species of
marine mammals incidental to marine
site characterization surveys in coastal
waters off of Massachusetts, Rhode
Island, Connecticut, and New York in
the area of the Bureau of Ocean Energy
Management (BOEM) Commercial Lease
of Submerged Lands for Renewable
Energy Development on the Outer
Continental Shelf (OCS)-A 0543 and
along potential offshore export cable
corridors (OECC) to landfall locations
(87 FR 44087). The effective dates of
that IHA were September 1, 2022,
through August 31, 2023. On October
30, 2023, Park City Wind informed
NMFS that the project was delayed.
VerDate Sep<11>2014
20:25 Dec 22, 2023
Jkt 262001
None of the work identified in the
initial IHA (i.e., geophysical,
geotechnical, and geohazard data
collection) has occurred. Park City Wind
submitted a request to re-issue the IHA,
with effective dates from March 1, 2024,
through February 28, 2025, in order to
conduct the marine site characterization
survey work that was analyzed and
authorized through the previously
issued IHA. The initial IHA was
effective from September 1, 2022,
through August 31, 2023. Park City
Wind has requested issuance with new
effective dates of March 1, 2024,
through February 28, 2025.
Summary of Specified Activity and
Anticipated Impacts
The planned activities (including
mitigation, monitoring, and reporting),
authorized incidental take, and
anticipated impacts on the affected
stocks are the same as those analyzed
and authorized through the previously
issued IHA.
As part of their overall marine site
characterization survey operations, Park
City Wind plans to conduct highresolution geophysical (HRG) and
geotechnical surveys in Lease Area
OCS–A 0543, and the associated OECC.
The purpose of the marine site
characterization surveys is to collect
data concerning seabed (geophysical,
geotechnical, and geohazard),
ecological, and archeological conditions
within the footprint of offshore wind
facility development. Surveys are also
conducted to map potential unexploded
ordnance (UXO) and benthic habitat
studies.
The location, timing, and nature of
the activities, including the types of
equipment planned for use, are identical
to those described for the initial IHA.
The mitigation and monitoring are also
as prescribed in the initial IHA.
Species that have the potential to be
taken by the planned activities can be
found in the initial 2022 Federal
Register notices (87 FR 32123, 87 FR
44087). A description of the methods
and inputs used to estimate take
anticipated to occur and, ultimately, the
take that was authorized is found in the
previous documents referenced above.
NMFS has reviewed recent Stock
Assessment Reports, information on
relevant Unusual Mortality Events, and
recent scientific literature, and
determined that no new information
affects our original analysis of impacts
under the initial IHA.
We refer to the documents related to
the previously issued IHA, which
include the Federal Register notice of
the issuance of the initial 2022 IHA for
Park City Wind’s survey work (87 FR
PO 00000
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88893
44087), Park City Wind’s application,
the Federal Register notice of the
proposed IHA (87 FR 32123), and all
associated references and documents.
On August 1, 2022, NMFS announced
proposed changes to the existing NARW
vessel speed regulations to further
reduce the likelihood of mortalities and
serious injuries to endangered NARWs
from vessel collisions, which are a
leading cause of the species’ decline and
a primary factor in an ongoing Unusual
Mortality Event (87 FR 46921, August 1,
2022). Should a final vessel speed rule
be issued and become effective during
the effective period of this IHA (or any
other MMPA incidental take
authorization), the authorization holder
would be required to comply with any
and all applicable requirements
contained within the final rule.
Specifically, where measures in any
final vessel speed rule are more
protective or restrictive than those in
this or any other MMPA authorization,
authorization holders would be required
to comply with the requirements of the
rule. Alternatively, where measures in
this or any other MMPA authorization
are more restrictive or protective than
those in any final vessel speed rule, the
measures in the MMPA authorization
would remain in place. These changes
would become effective immediately
upon the effective date of any final
vessel speed rule and would not require
any further action on NMFS’s part.
Determinations
Park City Wind will conduct activities
as analyzed in the initial 2022 IHA. As
described above, the number of
authorized takes of the same species and
stocks of marine mammals are identical
to the numbers that were found to meet
the negligible impact and small
numbers standards and authorized
under the initial IHA and no new
information has emerged that would
change those findings. The issued 2024
IHA includes identical required
mitigation, monitoring, and reporting
measures as the initial 2022 IHA, and
there is no new information suggesting
that our analysis or findings should
change.
Based on the information contained
here and in the referenced documents,
NMFS has determined the following: (1)
the required mitigation measures will
effect the least practicable impact on
marine mammal species or stocks and
their habitat; (2) the authorized takes
will have a negligible impact on the
affected marine mammal species or
stocks; (3) the authorized takes
represent small numbers of marine
mammals relative to the affected stock
abundances; and (4) Park City Wind’s
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Federal Register / Vol. 88, No. 246 / Tuesday, December 26, 2023 / Notices
activities will not have an unmitigable
adverse impact on taking for subsistence
purposes as no relevant subsistence uses
of marine mammals are implicated by
this action.
khammond on DSKJM1Z7X2PROD with NOTICES
National Environmental Policy Act
To comply with the National
Environmental Policy Act of 1969
(NEPA; 42 U.S.C. 4321 et seq.) and
NOAA Administrative Order (NAO)
216–6A, NMFS must review our
proposed action with respect to
environmental consequences on the
human environment.
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NAO 216–6A,
which do not individually or
cumulatively have the potential for
significant impacts on the quality of the
human environment and for which we
have not identified any extraordinary
circumstances that would preclude this
categorical exclusion. Accordingly,
NMFS determined that the issuance of
the initial IHA qualified to be
categorically excluded from further
NEPA review. NMFS has determined
that the application of this categorical
exclusion remains appropriate for this
IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered
Species Act of 1973 (ESA; 16 U.S.C.
1531 et seq.) requires that each Federal
agency insure that any action it
authorizes, funds, or carries out is not
likely to jeopardize the continued
existence of any endangered or
threatened species or result in the
destruction or adverse modification of
designated critical habitat. To ensure
ESA compliance for the issuance of
IHAs, NMFS consults internally
whenever we propose to authorize take
for endangered or threatened species.
NMFS Office of Protected Resources
previously determined that issuance of
the initial 2022 IHA falls within the
scope of activities analyzed in NMFS
Greater Atlantic Regional Fisheries
Office’s programmatic consultation
regarding geophysical surveys along the
U.S. Atlantic coast in the 3 Atlantic
Renewable Energy Regions (completed
June 29, 2021; revised September 2021).
Authorization
NMFS has issued an IHA to Park City
Wind for marine site characterization
survey activities associated with the
specified activity from March 1, 2024,
through February 28, 2025. All
previously described mitigation,
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20:25 Dec 22, 2023
Jkt 262001
monitoring, and reporting requirements
from the initial 2022 IHA are
incorporated.
Dated: December 20, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2023–28404 Filed 12–22–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD600]
New England Fishery Management
Council; Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meeting.
AGENCY:
The New England Fishery
Management Council (Council) is
scheduling a public hybrid meeting of
its Risk Policy Working Group to
consider actions affecting New England
fisheries in the exclusive economic zone
(EEZ). This meeting will be held inperson with a webinar option.
Recommendations from this group will
be brought to the full Council for formal
consideration and action, if appropriate.
DATES: This meeting will be held on
Wednesday, January 10, 2024, at 9 a.m.
Webinar registration URL information:
https://zoom.us/webinar/register/WN_
6ehbb-P8RgeAUDQjhvC_Zg.
ADDRESSES: This meeting will be held at
the Fairfield Inn & Suites, 185
MacArthur Drive, New Bedford, MA
02740; telephone: (774) 634–2000.
Council address: New England
Fishery Management Council, 50 Water
Street, Mill 2, Newburyport, MA 01950.
FOR FURTHER INFORMATION CONTACT:
Thomas A. Nies, Executive Director,
New England Fishery Management
Council; telephone: (978) 465–0492.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Agenda
The Risk Policy Working Group
(RPWG) will address the terms of
reference (TORs) approved by the New
England Fishery Management Council
(Council), including progress made in
reviewing the Council’s current Risk
Policy, and Risk Policy Road Map (TOR
1). They will continue to consider
possible changes to the risk policy (TOR
2), focusing on how to structure a
revised risk policy, including
discussions on a decision tree approach
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and a tiered approach. The RPWG will
receive presentations on how other
regional fishery management Councils
approach risk in decision making. Other
business will be discussed, if necessary.
Although non-emergency issues not
contained on the agenda may come
before this Council for discussion, those
issues may not be the subject of formal
action during this meeting. Council
action will be restricted to those issues
specifically listed in this notice and any
issues arising after publication of this
notice that require emergency action
under section 305(c) of the MagnusonStevens Act, provided the public has
been notified of the Council’s intent to
take final action to address the
emergency. The public also should be
aware that the meeting will be recorded.
Consistent with 16 U.S.C. 1852, a copy
of the recording is available upon
request.
Special Accommodations
This meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aids should be directed to Cate
O’Keefe, Ph.D., Executive Director, at
(978) 465–0492, at least 5 days prior to
the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: December 20, 2023.
Alyssa Lynn Weigers,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–28409 Filed 12–22–23; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF EDUCATION
[Docket No.: ED–2023–SCC–0216]
Agency Information Collection
Activities; Comment Request; Process
for FSA ID Account Creation for
Individuals Without a Social Security
Number in Connection With Person
Authentication Service (PAS)
Federal Student Aid (FSA),
Department of Education (ED).
ACTION: Notice.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, ED
requested the Office of Management and
Budget (OMB) to conduct an emergency
review of a new information collection.
DATES: The Department requested
emergency processing from OMB for
this information collection request on
December 20, 2023. As a result, the
Department is providing the public with
the opportunity to comment under the
full comment period. Interested persons
SUMMARY:
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]]>Agencies
[Federal Register Volume 88, Number 246 (Tuesday, December 26, 2023)]
[Notices]
[Pages 88892-88894]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28404]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD546]
Takes of Marine Mammals Incidental To Specified Activities;
Taking Marine Mammals Incidental to New England Wind, Phase 1 Park City
Wind Marine Site Characterization Surveys
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of incidental harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS has received a request from Park City Wind, LLC (Park
City Wind), for the re-issuance of a previously issued incidental
harassment authorization (IHA) with the only change being effective
dates. The initial IHA authorized take of marine mammals incidental to
marine site characterization surveys in coastal waters off of
Massachusetts, Rhode Island, Connecticut, and New York. The project has
been delayed and none of the work covered in the initial IHA has been
conducted. The scope of the activities and anticipated effects remain
the same, authorized take numbers are not changed, and the required
mitigation, monitoring, and reporting remains the same as included in
the initial IHA. NMFS is, therefore, issuing a second identical IHA to
cover the incidental take analyzed and authorized in the initial IHA.
DATES: This authorization is effective from March 1, 2024, through
February 28, 2025.
ADDRESSES: An electronic copy of the final 2022 IHA previously issued
to Park City Wind, Park City Wind's application, and the Federal
Register notices proposing and issuing the initial IHA may be obtained
by visiting https://www.fisheries.noaa.gov/action/incidental-take-authorization-park-city-wind-llc-new-england-wind-project-phase-1-marine. In case of problems accessing these documents, please call the
contact listed below (see FOR FURTHER INFORMATION CONTACT).
FOR FURTHER INFORMATION CONTACT: Alyssa Clevenstine, Office of
Protected Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act
(MMPA; 16 U.S.C. 1361 et seq.) direct the Secretary of Commerce (as
delegated to
[[Page 88893]]
NMFS) to allow, upon request, the incidental, but not intentional,
taking of small numbers of marine mammals by U.S. citizens who engage
in a specified activity (other than commercial fishing) within a
specified geographical region if certain findings are made and either
regulations are issued or, if the taking is limited to harassment, a
notice of a proposed authorization is provided to the public for
review.
An authorization for incidental takings shall be granted if NMFS
finds that the taking will have a negligible impact on the species or
stock(s), will not have an unmitigable adverse impact on the
availability of the species or stock(s) for subsistence uses (where
relevant), and if the permissible methods of taking and requirements
pertaining to the mitigation, monitoring, and reporting of such takings
are set forth.
NMFS has defined ``negligible impact'' in 50 CFR 216.103 as an
impact resulting from the specified activity that cannot be reasonably
expected to, and is not reasonably likely to, adversely affect the
species or stock through effects on annual rates of recruitment or
survival.
The MMPA states that the term ``take'' means to harass, hunt,
capture, kill or attempt to harass, hunt, capture, or kill any marine
mammal.
Except with respect to certain activities not pertinent here, the
MMPA defines ``harassment'' as any act of pursuit, torment, or
annoyance which (i) has the potential to injure a marine mammal or
marine mammal stock in the wild (Level A harassment); or (ii) has the
potential to disturb a marine mammal or marine mammal stock in the wild
by causing disruption of behavioral patterns, including, but not
limited to, migration, breathing, nursing, breeding, feeding, or
sheltering (Level B harassment).
Summary of Request
On September 1, 2022, NMFS published final notice of our issuance
of an IHA authorizing take of 16 species of marine mammals incidental
to marine site characterization surveys in coastal waters off of
Massachusetts, Rhode Island, Connecticut, and New York in the area of
the Bureau of Ocean Energy Management (BOEM) Commercial Lease of
Submerged Lands for Renewable Energy Development on the Outer
Continental Shelf (OCS)-A 0543 and along potential offshore export
cable corridors (OECC) to landfall locations (87 FR 44087). The
effective dates of that IHA were September 1, 2022, through August 31,
2023. On October 30, 2023, Park City Wind informed NMFS that the
project was delayed. None of the work identified in the initial IHA
(i.e., geophysical, geotechnical, and geohazard data collection) has
occurred. Park City Wind submitted a request to re-issue the IHA, with
effective dates from March 1, 2024, through February 28, 2025, in order
to conduct the marine site characterization survey work that was
analyzed and authorized through the previously issued IHA. The initial
IHA was effective from September 1, 2022, through August 31, 2023. Park
City Wind has requested issuance with new effective dates of March 1,
2024, through February 28, 2025.
Summary of Specified Activity and Anticipated Impacts
The planned activities (including mitigation, monitoring, and
reporting), authorized incidental take, and anticipated impacts on the
affected stocks are the same as those analyzed and authorized through
the previously issued IHA.
As part of their overall marine site characterization survey
operations, Park City Wind plans to conduct high-resolution geophysical
(HRG) and geotechnical surveys in Lease Area OCS-A 0543, and the
associated OECC. The purpose of the marine site characterization
surveys is to collect data concerning seabed (geophysical,
geotechnical, and geohazard), ecological, and archeological conditions
within the footprint of offshore wind facility development. Surveys are
also conducted to map potential unexploded ordnance (UXO) and benthic
habitat studies.
The location, timing, and nature of the activities, including the
types of equipment planned for use, are identical to those described
for the initial IHA. The mitigation and monitoring are also as
prescribed in the initial IHA.
Species that have the potential to be taken by the planned
activities can be found in the initial 2022 Federal Register notices
(87 FR 32123, 87 FR 44087). A description of the methods and inputs
used to estimate take anticipated to occur and, ultimately, the take
that was authorized is found in the previous documents referenced
above. NMFS has reviewed recent Stock Assessment Reports, information
on relevant Unusual Mortality Events, and recent scientific literature,
and determined that no new information affects our original analysis of
impacts under the initial IHA.
We refer to the documents related to the previously issued IHA,
which include the Federal Register notice of the issuance of the
initial 2022 IHA for Park City Wind's survey work (87 FR 44087), Park
City Wind's application, the Federal Register notice of the proposed
IHA (87 FR 32123), and all associated references and documents.
On August 1, 2022, NMFS announced proposed changes to the existing
NARW vessel speed regulations to further reduce the likelihood of
mortalities and serious injuries to endangered NARWs from vessel
collisions, which are a leading cause of the species' decline and a
primary factor in an ongoing Unusual Mortality Event (87 FR 46921,
August 1, 2022). Should a final vessel speed rule be issued and become
effective during the effective period of this IHA (or any other MMPA
incidental take authorization), the authorization holder would be
required to comply with any and all applicable requirements contained
within the final rule. Specifically, where measures in any final vessel
speed rule are more protective or restrictive than those in this or any
other MMPA authorization, authorization holders would be required to
comply with the requirements of the rule. Alternatively, where measures
in this or any other MMPA authorization are more restrictive or
protective than those in any final vessel speed rule, the measures in
the MMPA authorization would remain in place. These changes would
become effective immediately upon the effective date of any final
vessel speed rule and would not require any further action on NMFS's
part.
Determinations
Park City Wind will conduct activities as analyzed in the initial
2022 IHA. As described above, the number of authorized takes of the
same species and stocks of marine mammals are identical to the numbers
that were found to meet the negligible impact and small numbers
standards and authorized under the initial IHA and no new information
has emerged that would change those findings. The issued 2024 IHA
includes identical required mitigation, monitoring, and reporting
measures as the initial 2022 IHA, and there is no new information
suggesting that our analysis or findings should change.
Based on the information contained here and in the referenced
documents, NMFS has determined the following: (1) the required
mitigation measures will effect the least practicable impact on marine
mammal species or stocks and their habitat; (2) the authorized takes
will have a negligible impact on the affected marine mammal species or
stocks; (3) the authorized takes represent small numbers of marine
mammals relative to the affected stock abundances; and (4) Park City
Wind's
[[Page 88894]]
activities will not have an unmitigable adverse impact on taking for
subsistence purposes as no relevant subsistence uses of marine mammals
are implicated by this action.
National Environmental Policy Act
To comply with the National Environmental Policy Act of 1969 (NEPA;
42 U.S.C. 4321 et seq.) and NOAA Administrative Order (NAO) 216-6A,
NMFS must review our proposed action with respect to environmental
consequences on the human environment.
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NAO 216-6A, which do not individually or cumulatively have the
potential for significant impacts on the quality of the human
environment and for which we have not identified any extraordinary
circumstances that would preclude this categorical exclusion.
Accordingly, NMFS determined that the issuance of the initial IHA
qualified to be categorically excluded from further NEPA review. NMFS
has determined that the application of this categorical exclusion
remains appropriate for this IHA.
Endangered Species Act
Section 7(a)(2) of the Endangered Species Act of 1973 (ESA; 16
U.S.C. 1531 et seq.) requires that each Federal agency insure that any
action it authorizes, funds, or carries out is not likely to jeopardize
the continued existence of any endangered or threatened species or
result in the destruction or adverse modification of designated
critical habitat. To ensure ESA compliance for the issuance of IHAs,
NMFS consults internally whenever we propose to authorize take for
endangered or threatened species.
NMFS Office of Protected Resources previously determined that
issuance of the initial 2022 IHA falls within the scope of activities
analyzed in NMFS Greater Atlantic Regional Fisheries Office's
programmatic consultation regarding geophysical surveys along the U.S.
Atlantic coast in the 3 Atlantic Renewable Energy Regions (completed
June 29, 2021; revised September 2021).
Authorization
NMFS has issued an IHA to Park City Wind for marine site
characterization survey activities associated with the specified
activity from March 1, 2024, through February 28, 2025. All previously
described mitigation, monitoring, and reporting requirements from the
initial 2022 IHA are incorporated.
Dated: December 20, 2023.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2023-28404 Filed 12-22-23; 8:45 am]
BILLING CODE 3510-22-P
