Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Coastal Virginia Offshore Wind Commercial Project Offshore of Virginia, 9127-9129 [2024-02689]
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Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
activities should be directed to Matt
Dunlap, Fishery Policy Analyst, West
Coast Regional Office, 7600 Sand Point
Way NE, Seattle, WA 98115, (206) 526–
6119, or matthew.dunlap@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
This submission is a renewal of an
existing package. The program was
developed through Amendment 20 to
the Groundfish Fishery Management
Plan (FMP), under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act (16
U.S.C. 1801 et seq.) and consists of an
individual fishing quota (IFQ) program
for the shore based trawl fleet (including
whiting and non-whiting fisheries); and
cooperative (coop) programs for the atsea mothership (MS) and catcher/
processor (C/P) trawl fleets (whiting
only). As part of its fishery management
responsibilities, the National Marine
Fisheries Service (NMFS) collects
information to determine the amount
and type of catch taken by fishing
vessels. This collection supports
monitoring requirements including
scale test requirements for first receivers
in the Pacific Coast groundfish fishery’s
shore based individual fishery quota
(IFQ) program; and mothership and
catcher/processors in the at-sea whiting
fisheries. The collection also supports
permits for businesses that provide
certified observer and certified catch
monitor services. The respondents are
principally shore-based first receivers,
catch monitor and observer service
providers, mothership processors, and
catcher/processors which are
companies/partnerships.
ddrumheller on DSK120RN23PROD with NOTICES1
II. Method of Collection
This collection utilizes both
electronic and paper forms, depending
on the specific item. Methods of
submittal include email of electronic
forms, and mail and facsimile
transmission of paper forms.
Additionally, this collection utilizes
interviews for some information
collection and phone calls for
transmission of other information.
III. Data
OMB Control Number: 0648–0619.
Form Number(s): None.
Type of Review: Regular submission
(extension of a current information
collection).
Affected Public: Business or other forprofit organizations.
Estimated Number of Respondents:
150.
Estimated Time Per Response: For 2
existing observer providers: 2 hours for
preparation and submission of the
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annual observer provider permit
renewal application. For 1 new observer
provider: 10 hours for observer provider
permit application preparation and
submission. For 1 observer provider: 4
hours for a written response and
submission of an appeal if an observer
provider permit is denied. For 45 catch
monitors: 1 hour for submission of
qualifications to work as a catch
monitor. For 5 catch monitors: 4 hours
for a written response and submission of
an appeal if a catch monitor permit is
denied. For 16 vessels in the
Mothership or Catcher/Processor fleet,
30 minutes or less for satisfying
requirements for use of at-sea scales,
including daily testing reports (30
minutes), daily catch and cumulative
weight reports (10 minutes), audit trail
(1 minute), calibration log (2 minutes),
and fault log (3 minutes).
Estimated Total Annual Burden
Hours: 441 hours (83 hours for observer
and catch monitor providers and 358
hours for Motherships or Catcher/
Processors).
Estimated Total Annual Cost to
Public: $3,678. Annualized capital costs
for computer hardware are $3,510.
Annualized reporting/recordkeeping
costs are $168.
Respondent’s Obligation: Mandatory.
Legal Authority: The regulations at
§§ 660.140(h), 660.150(j), and
660.160(g), specify observer coverage
requirements for trawl vessels and
define the responsibilities for observer
providers, including reporting
requirements. Regulations at
§ 660.140(i) specify requirements for
catch monitor coverage for first
receivers. Regulations at § 660.15
specify equipment, performance and
technical requirements for scales used
to weigh catch at sea.
IV. Request for Comments
We are soliciting public comments to
permit the Department/Bureau to: (a)
Evaluate whether the proposed
information collection is necessary for
the proper functions of the Department,
including whether the information will
have practical utility; (b) Evaluate the
accuracy of our estimate of the time and
cost burden for this proposed collection,
including the validity of the
methodology and assumptions used; (c)
Evaluate ways to enhance the quality,
utility, and clarity of the information to
be collected; and (d) Minimize the
reporting burden on those who are to
respond, including the use of automated
collection techniques or other forms of
information technology.
Comments that you submit in
response to this notice are a matter of
public record. We will include or
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9127
summarize each comment in our request
to OMB to approve this ICR. Before
including your address, phone number,
email address, or other personal
identifying information in your
comment, you should be aware that
your entire comment—including your
personal identifying information—may
be made publicly available at any time.
While you may ask us in your comment
to withhold your personal identifying
information from public review, we
cannot guarantee that we will be able to
do so.
Sheleen Dumas,
Department PRA Clearance Officer, Office of
the Under Secretary for Economic Affairs,
Commerce Department.
[FR Doc. 2024–02673 Filed 2–8–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD633]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Coastal
Virginia Offshore Wind Commercial
Project Offshore of Virginia
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
Notice; issuance of Letter of
Authorization.
ACTION:
In accordance with the
Marine Mammal Protection Act
(MMPA) as amended, and implementing
regulations, notification is hereby given
that a Letter of Authorization (LOA) has
been issued to the Virginia Electric and
Power Company, doing business as
Dominion Energy Virginia (Dominion
Energy), for the taking of marine
mammals incidental to the construction
of the Coastal Virginia Offshore Wind
Commercial (CVOW–C) Project
(hereafter known as the ‘‘CVOW–C
Project’’ or the ‘‘Project’’).
SUMMARY:
The LOA is effective from
February 5, 2024 through February 4,
2029.
DATES:
The LOA and supporting
documentation are available online at:
https://www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
ADDRESSES:
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9128
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
FOR FURTHER INFORMATION CONTACT:
Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
ddrumheller on DSK120RN23PROD with NOTICES1
Background
The MMPA prohibits the ‘‘take’’ of
marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and
(D) of the MMPA (16 U.S.C. 1361 et
seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon
request, the incidental, but not
intentional, taking of small numbers of
marine mammals by U.S. citizens who
engage in a specified activity (other than
commercial fishing) within a specified
geographical region if certain findings
are made, regulations are promulgated
(when applicable), and public notice
and an opportunity for public comment
are provided.
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) and
will not have an unmitigable adverse
impact on the availability of the species
or stock(s) for taking for subsistence
uses (where relevant). If such findings
are made, NMFS must prescribe the
permissible methods of taking; ‘‘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
the species or stocks for taking for
certain subsistence uses (referred to as
‘‘mitigation’’); and requirements
pertaining to the monitoring and
reporting of such takings. The MMPA
defines ‘‘take’’ to mean harass, hunt,
capture, or kill, or attempt to harass,
hunt, capture, or kill any marine
mammal (16 U.S.C. 1362(13); 50 CFR
216.103). Level A harassment is defined
as any act of pursuit, torment, or
annoyance which has the potential to
injure a marine mammal or marine
mammal stock in the wild (16 U.S.C.
1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of
pursuit, torment, or annoyance which
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 (16 U.S.C.
1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the
implementing regulations at 50 CFR part
216, subpart I authorize NMFS to
propose and, if appropriate, promulgate
regulations and issue associated LOA(s).
NMFS promulgated regulations on
VerDate Sep<11>2014
17:20 Feb 08, 2024
Jkt 262001
January 23, 2024 (89 FR 4370) for the
taking of marine mammals incidental to
the construction of the CVOW–C Project
offshore of Virginia. The LOA
authorizes Dominion Energy and those
persons it authorizes or funds to
conduct activities on its behalf to take
marine mammals incidental to specified
activities during the construction of the
Project and requires them to implement
mitigation, monitoring, and reporting
requirements.
exposed to elevated noise levels during
impact and vibratory pile driving and
HRG site characterization surveys may
be taken by Level B harassment. No
mortality or serious injury of any marine
mammal is anticipated or authorized.
The number of takes, by species,
authorized may be found in table 1 in
the LOA, which is available at https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act.
Summary of Request
On January 23, 2024, NMFS
promulgated a final rule (89 FR 4370)
responding to a request from Dominion
Energy for authorization to take marine
mammals (21 species comprising 22
stocks) by Level B harassment (all 22
stocks) and by Level A harassment (7
stocks) incidental to construction
activities occurring in Federal and State
waters off of Virginia, specifically
within and around the Bureau of Ocean
Energy Management (BOEM)
Commercial Lease of Submerged Lands
for Renewable Energy Development on
the Outer Continental Shelf (OCS) Lease
Area OCS–A 0483 (Lease Area) and
along an export cable route to sea-toshore transition points (collectively
referred to as the ‘‘Project Area’’), over
the course of 5 years (February 5, 2024
through February 4, 2029). The final
rule included the following specified
activities: the installation of 176 wind
turbine generators (WTGs) on monopile
foundations (through a maximum of 183
separate piling events) and 3 offshore
substations (OSSs) on jacket
foundations using pin piles by vibratory
and impact pile driving; nearshore cable
landfall work comprising of the
installation and subsequent removal of
nearshore temporary cofferdams by
vibratory pile driving and the
installation and subsequent removal of
temporary goal posts by impact pile
driving at the sea-to-shore transition
point located at the State Military
Reservation in Virginia Beach, Virginia;
high-resolution geophysical (HRG)
marine site characterization surveys
using active acoustic sources; fishery
and ecological monitoring surveys; the
placement of scour protection; the
installation of the export cable route
from OSSs to shore-based converter
stations and inter-array cables between
turbines by trenching, laying, and burial
activities; vessel transit within the
specified geographical region to
transport crew, supplies, and materials;
and WTG operation.
Marine mammals exposed to elevated
noise levels during foundation impact
pile driving may be taken by Level A
harassment, and marine mammals
Authorization
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Fmt 4703
Sfmt 4703
In accordance with the final rule (89
FR 4370, January 23, 2024; see 50 CFR
217.296), NMFS has issued a LOA to
Dominion Energy authorizing the take,
by harassment, of marine mammals
incidental to specified activities within
the specified geographical region. As
previously stated, no mortality or
serious injury of any marine mammal
species is anticipated or authorized. The
incidental takes authorized herein are
the same as those analyzed and
authorized in the final rule (89 FR 4370,
January 23, 2024). Takes of marine
mammals will be minimized through
the following planned mitigation and
monitoring measures, as applicable for
each specified activity: (1)
implementation of spatio-temporal
seasonal/time of day work restrictions;
(2) use of multiple NMFS-approved
Protected Species Observers (PSOs) to
visually observe for marine mammals
(with any detection within specifically
designated zones triggering a delay or
shutdown, as applicable); (3) use of
NMFS-approved passive acoustic
monitoring (PAM) operators to
acoustically detect marine mammals,
with a focus on detecting baleen whales
(with any detection within designated
zones triggering a delay or shutdown, as
applicable); (4) implementation of
clearance and shutdown zones; (5) use
of soft-start upon commencement of
impact pile driving and ramp-up of
acoustic sources during HRG surveys;
(6) use of noise attenuation technology
during foundation pile driving; (7) use
of situational awareness monitoring for
marine mammal presence; (8) use of
sound field verification monitoring; (9)
use of PAM within the vessel transit
corridor for Project vessels to travel over
10 knots (11.5 miles per hour); and (10)
implementation of several vessel strike
avoidance measures to avoid vessel
strikes, including but not limited to,
vessel separation zones between marine
mammals and project vessels.
Additionally, NMFS may modify the
LOA’s mitigation, monitoring, or
reporting measures, based on new
information. Dominion Energy is also
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09FEN1
Federal Register / Vol. 89, No. 28 / Friday, February 9, 2024 / Notices
required to submit reports, as specified
in the final rule.
Based on the findings discussed in the
preamble of the final rule, NMFS has
determined that the take authorized in
the LOA is of small numbers, will have
a negligible impact on marine mammal
stocks, will not have an unmitigable
adverse impact on the availability of the
affected marine mammal stock for
subsistence uses, and the mitigation
measures provide a means of affecting
the least practicable adverse impact on
the affected stocks and their habitat.
Dated: February 6, 2024.
Shannon Bettridge,
Acting Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–02689 Filed 2–8–24; 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; Tornado Watch/Warning
Post-Event Evaluation
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 April 9, 2024.
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–
0797 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
ddrumheller on DSK120RN23PROD with NOTICES1
SUMMARY:
VerDate Sep<11>2014
17:20 Feb 08, 2024
Jkt 262001
activities should be directed to Dr.
Makenzie Krocak, Research Scientist,
NOAA NSSL, 120 David L. Boren Blvd.,
Norman, OK 73071, 405–325–0805,
makenzie.krocak@noaa.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
Each year over 1,000 tornadoes affect
communities across the United States,
yet little is known about how
individuals receive, interpret, and
respond to information from NOAA
relating to this hazard. In fact, only a
small sample of tornadoes ever receive
study, and most often those are only the
most violent tornadoes. No
generalizable, or even relatively largescale information on tornado forecast
and warning response after real-world
events exists. The NOAA National
Weather Service (NWS) and National
Severe Storms Laboratory (NSSL)
designed the data collection instrument
to allow for more routine collection of
this information. Respondents include
members of the United States public
who have been in or near a tornado,
received a tornado warning, or were in
or near a strong storm that made them
concerned about tornadoes. They
answer questions about the ways they
received, understood, and responded to
information about the event, including
NWS watch and warning information.
This survey is delivered through a web
application hosted by NSSL called
Tornado Tales, available online at
https://inside.nssl.noaa.gov/tornadotales/.
After approval of our initial data
collection instrument (that shown on
the website), the OU Cooperative
Institute for Severe and High-Impact
Weather Research and Operations
(CIWRO) and NOAA NSSL Behavioral
Insights Unit carried out post-event data
collections for multiple tornado events,
validating the questions and identifying
issues for improvement. This fieldwork
led to several needed improvements,
including the addition of questions
about the event more broadly, changing
some response types, rephrasing some
questions that were interpreted too
broadly, and including questions about
efficacy and the availability of forecast
information to individuals. While the
revisions have added questions to the
survey, their improved clarity should
allow for faster response times per
question. We estimate the time to
complete the survey is five to ten
minutes on average. Subject recruitment
will primarily be done by NOAA NSSL
and its partners advertising the survey
via websites and social media outlets. In
addition to these efforts, there is also the
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9129
possibility that during post-storm
damage assessment activities NWS
forecasters may direct impacted
individuals to the Tornado Tales
website.
In addition to the changes to the
survey instrument, researchers at NOAA
NSSL and at the OU CIWRO Behavioral
Insights Unit would like to conduct
interviews with emergency managers,
broadcast meteorologists, and members
of the public after certain tornado
events. These more in-depth interviews
will collect similar information to the
survey instrument from members of the
public, broadcast meteorologists, and
Emergency Management personnel who
recently experienced a tornado event.
The interviews will walk respondents
through a timeline of events leading up
to the tornado event. Researchers will
use a skip-logic approach, meaning
participants will only answer questions
about the time periods relevant to their
personal experience. The purpose of
these interviews will be to more
thoroughly explore how residents,
broadcast meteorologists, and
Emergency Managers received,
understood, and responded to tornado
forecasts and warnings. Given the inperson nature of these interviews, we
expect them to take between 15 and 30
minutes on average.
II. Method of Collection
The method of data collection
currently gathers tornado survivor
stories through a web-based interface
(https://inside.nssl.noaa.gov/tornadotales). Specific questions in the webbased application are aimed at
discovering whether and how
information about potential tornado
threats was received across time,
including tornado watches and
warnings, and what action citizens did
or did not take as the event unfolded.
We use a ‘skip-logic’ method in the
survey so that individuals only answer
questions that are relevant to their
experiences.
The interviews will be conducted inperson or via video call with
individuals who recently experienced a
tornado event. Researchers will also use
a skip-logic approach during the
interviews such that respondents will
not be asked questions that are not
relevant to their experience (i.e.,
questions about time periods before
respondents received any forecast or
warning information). Consent will be
obtained to take notes and record the
interviews.
III. Data
OMB Control Number: 0648–0797.
Form Number(s): None.
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]]>Agencies
[Federal Register Volume 89, Number 28 (Friday, February 9, 2024)]
[Notices]
[Pages 9127-9129]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-02689]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD633]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Coastal Virginia Offshore Wind
Commercial Project Offshore of Virginia
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of Letter of Authorization.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA) as
amended, and implementing regulations, notification is hereby given
that a Letter of Authorization (LOA) has been issued to the Virginia
Electric and Power Company, doing business as Dominion Energy Virginia
(Dominion Energy), for the taking of marine mammals incidental to the
construction of the Coastal Virginia Offshore Wind Commercial (CVOW-C)
Project (hereafter known as the ``CVOW-C Project'' or the ``Project'').
DATES: The LOA is effective from February 5, 2024 through February 4,
2029.
ADDRESSES: The LOA and supporting documentation are available online
at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems
accessing these documents, please call the contact listed below (see
FOR FURTHER INFORMATION CONTACT).
[[Page 9128]]
FOR FURTHER INFORMATION CONTACT: Kelsey Potlock, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The MMPA prohibits the ``take'' of marine mammals, with certain
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to
allow, upon request, the incidental, but not intentional, taking of
small numbers of marine mammals by U.S. citizens who engage in a
specified activity (other than commercial fishing) within a specified
geographical region if certain findings are made, regulations are
promulgated (when applicable), and public notice and an opportunity for
public comment are provided.
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) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). If such findings are made, NMFS must prescribe the
permissible methods of taking; ``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
the species or stocks for taking for certain subsistence uses (referred
to as ``mitigation''); and requirements pertaining to the monitoring
and reporting of such takings. The MMPA defines ``take'' to mean
harass, hunt, capture, or kill, or attempt to harass, hunt, capture, or
kill any marine mammal (16 U.S.C. 1362(13); 50 CFR 216.103). Level A
harassment is defined as any act of pursuit, torment, or annoyance
which has the potential to injure a marine mammal or marine mammal
stock in the wild (16 U.S.C. 1362(18); 50 CFR 216.3). Level B
harassment is defined as any act of pursuit, torment, or annoyance
which 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 (16 U.S.C. 1362(18); 50 CFR 216.3). Section
101(a)(5)(A) of the MMPA and the implementing regulations at 50 CFR
part 216, subpart I authorize NMFS to propose and, if appropriate,
promulgate regulations and issue associated LOA(s). NMFS promulgated
regulations on January 23, 2024 (89 FR 4370) for the taking of marine
mammals incidental to the construction of the CVOW-C Project offshore
of Virginia. The LOA authorizes Dominion Energy and those persons it
authorizes or funds to conduct activities on its behalf to take marine
mammals incidental to specified activities during the construction of
the Project and requires them to implement mitigation, monitoring, and
reporting requirements.
Summary of Request
On January 23, 2024, NMFS promulgated a final rule (89 FR 4370)
responding to a request from Dominion Energy for authorization to take
marine mammals (21 species comprising 22 stocks) by Level B harassment
(all 22 stocks) and by Level A harassment (7 stocks) incidental to
construction activities occurring in Federal and State waters off of
Virginia, specifically within and around the Bureau of Ocean Energy
Management (BOEM) Commercial Lease of Submerged Lands for Renewable
Energy Development on the Outer Continental Shelf (OCS) Lease Area OCS-
A 0483 (Lease Area) and along an export cable route to sea-to-shore
transition points (collectively referred to as the ``Project Area''),
over the course of 5 years (February 5, 2024 through February 4, 2029).
The final rule included the following specified activities: the
installation of 176 wind turbine generators (WTGs) on monopile
foundations (through a maximum of 183 separate piling events) and 3
offshore substations (OSSs) on jacket foundations using pin piles by
vibratory and impact pile driving; nearshore cable landfall work
comprising of the installation and subsequent removal of nearshore
temporary cofferdams by vibratory pile driving and the installation and
subsequent removal of temporary goal posts by impact pile driving at
the sea-to-shore transition point located at the State Military
Reservation in Virginia Beach, Virginia; high-resolution geophysical
(HRG) marine site characterization surveys using active acoustic
sources; fishery and ecological monitoring surveys; the placement of
scour protection; the installation of the export cable route from OSSs
to shore-based converter stations and inter-array cables between
turbines by trenching, laying, and burial activities; vessel transit
within the specified geographical region to transport crew, supplies,
and materials; and WTG operation.
Marine mammals exposed to elevated noise levels during foundation
impact pile driving may be taken by Level A harassment, and marine
mammals exposed to elevated noise levels during impact and vibratory
pile driving and HRG site characterization surveys may be taken by
Level B harassment. No mortality or serious injury of any marine mammal
is anticipated or authorized. The number of takes, by species,
authorized may be found in table 1 in the LOA, which is available at
https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act.
Authorization
In accordance with the final rule (89 FR 4370, January 23, 2024;
see 50 CFR 217.296), NMFS has issued a LOA to Dominion Energy
authorizing the take, by harassment, of marine mammals incidental to
specified activities within the specified geographical region. As
previously stated, no mortality or serious injury of any marine mammal
species is anticipated or authorized. The incidental takes authorized
herein are the same as those analyzed and authorized in the final rule
(89 FR 4370, January 23, 2024). Takes of marine mammals will be
minimized through the following planned mitigation and monitoring
measures, as applicable for each specified activity: (1) implementation
of spatio-temporal seasonal/time of day work restrictions; (2) use of
multiple NMFS-approved Protected Species Observers (PSOs) to visually
observe for marine mammals (with any detection within specifically
designated zones triggering a delay or shutdown, as applicable); (3)
use of NMFS-approved passive acoustic monitoring (PAM) operators to
acoustically detect marine mammals, with a focus on detecting baleen
whales (with any detection within designated zones triggering a delay
or shutdown, as applicable); (4) implementation of clearance and
shutdown zones; (5) use of soft-start upon commencement of impact pile
driving and ramp-up of acoustic sources during HRG surveys; (6) use of
noise attenuation technology during foundation pile driving; (7) use of
situational awareness monitoring for marine mammal presence; (8) use of
sound field verification monitoring; (9) use of PAM within the vessel
transit corridor for Project vessels to travel over 10 knots (11.5
miles per hour); and (10) implementation of several vessel strike
avoidance measures to avoid vessel strikes, including but not limited
to, vessel separation zones between marine mammals and project vessels.
Additionally, NMFS may modify the LOA's mitigation, monitoring, or
reporting measures, based on new information. Dominion Energy is also
[[Page 9129]]
required to submit reports, as specified in the final rule.
Based on the findings discussed in the preamble of the final rule,
NMFS has determined that the take authorized in the LOA is of small
numbers, will have a negligible impact on marine mammal stocks, will
not have an unmitigable adverse impact on the availability of the
affected marine mammal stock for subsistence uses, and the mitigation
measures provide a means of affecting the least practicable adverse
impact on the affected stocks and their habitat.
Dated: February 6, 2024.
Shannon Bettridge,
Acting Director, Office of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024-02689 Filed 2-8-24; 8:45 am]
BILLING CODE 3510-22-P
