Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to the Empire Wind Project, Offshore of New York, 14442-14444 [2024-03887]
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
Snodgrass Slough, the Cosumnes River
and Laguna Creek in Sacramento
County, CA prior to a large floodplain
restoration project. The study would
benefit affected species by providing
data on species presence, seasonal water
conditions and migratory windows that
will inform the restoration project.
Juveniles would be collected via
beach seine and fyke net. Juvenile fish
would be captured, handled, and
released. The researchers are not
proposing to kill any of the listed fish
being captured, but a small number of
fish may be killed as an inadvertent
result of these activities.
lotter on DSK11XQN23PROD with NOTICES1
Permit 27337
The Lower Elwha Klallam Tribe
(LEKT) is seeking a 5-year permit that
would allow them to take juvenile HCS
chum and PS Chinook and PS steelhead
during the course of research designed
to determine fish and shellfish presence
and use in a 28-acre estuarine lagoon at
the base of Ediz Hook in Port Angeles,
WA. The study would benefit affected
species by providing data on species
presence, and that information, along
with detailed habitat and water quality
data, would be used to inform future
restoration actions in the area. Those
restoration actions, in turn, would help
the LEKT people once again conduct
traditional fishing and shellfishing
activities in the lagoon.
The fish would be captured primarily
by beach seining, but some may be
captured in fukui and minnow traps.
Once captured, the fish would simply
be handled and released. The
researchers are not proposing to kill any
of the listed fish being captured, but a
small number of fish may be killed as
an inadvertent result of the proposed
activities.
Permit 27619
The Scott River Water Trust is seeking
a new permit that would authorize them
to take juvenile and adult SONCC coho
salmon in the Scott River, CA. The
purpose of this study is to assess fish
passage at Youngs Dam to determine
how and when juvenile and adult
salmon utilize the fish ladder at Youngs
Dam. The project seeks to determine an
ideal flow target through the fish ladder
in an effort to improve fish passage at
the dam as well as the fish ladder. The
study would benefit SONCC coho by
providing data to identify and inform
recommendations to improve volitional
fish passage through Youngs Dam.
Juveniles would be collected via
beach seines and observed during
snorkel surveys. Juvenile coho would be
captured, handled, and released. A
subsample of captured juveniles would
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be anesthetized, tissue sampled and
PIT-tagged prior to release. Adult coho
would be observed at weirs, fish
ladders, dam and during snorkel
surveys. The researchers are not
proposing to kill any of the listed fish
being captured, but a small number of
fish may be killed as an inadvertent
result of these activities.
Permit 27869
The U.S. Fish and Wildlife Service
(USFWS) is seeking a 5-year permit that
would allow them to take juvenile HCS
chum and PS Chinook and PS steelhead
during the course of research designed
to determine what effect the hatchery
barriers have on the distribution of
migratory sculpin (with considerations
for how these barriers may also be
affecting the distributions of strictly
fluvial sculpin species). The research
would benefit listed species by
producing data on how hatchery weirs
affect salmonid migrations in the areas
being studied. That data could then be
used to modify weir operations for the
benefit of the migrating fish.
The fish would be largely be collected
by electrofishing, but seining or
dipnetting may also be employed. All
listed fish would be immediately
released without further handling.
Sampling would cease and the activity
would be moved if adult Chinook,
chum, or steelhead (or their redds) are
encountered at any time during a
survey. The researchers are not
proposing to kill any of the listed fish
being captured, but a small number of
fish may be killed as an inadvertent
result of these activities.
Permit 27874
The California Department of Fish
and Wildlife (CDFW) is seeking a new
permit that would authorize them to
take juvenile and adult SDPS green
sturgeon in the Sacramento and San
Joaquin Rivers, CA. The purpose of this
study is to develop an indices of white
sturgeon abundance for use in species
management. Though non-listed white
sturgeon are the target species, green
sturgeon might be encountered.
Juvenile and adult SDPS green
sturgeon would be collected via long
line and hook and line sampling and
observed via camera and sonar. Juvenile
and adult fish would be captured,
handled, tagged, and released. The
researchers are not proposing to kill any
of the listed fish being captured, but a
small number of fish may be killed as
an inadvertent result of these activities.
Permit 28047
The USFWS is seeking a 5-year permit
that would allow them to take juvenile
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LCR, UWR, PS, and CC Chinook; CR and
HCS chum; LCR, PS, UWR, and NC
steelhead; and LCR, OC, and SONCC
coho. The fish would be taken during
efforts to determine the uppermost
ranges of several species of fish in more
than 20 subbasins in Western Oregon
and Washington and Northern
California. The research would produce
a large amount of presence/absence data
on listed fish and thus help managers
plan and carry out land management
actions across a broad portion of three
states.
The researchers would use backpack
electrofishing units to capture the fish.
Once captured, all listed salmonids
would simply be identified and
immediately released. In all cases, the
researchers would be operating near
what is already considered to be the
upper limit of trout distribution, so they
are unlikely to encounter many listed
fish in any case. Regardless, the
researchers are not proposing to kill any
of the listed fish being captured, but a
small number of fish may be killed as
an inadvertent result of these activities.
This notice is provided pursuant to
section 10(c) of the ESA. NMFS will
evaluate the applications, associated
documents, and comments submitted to
determine whether the applications
meet the requirements of section 10(a)
of the ESA and Federal regulations. The
final permit decisions will not be made
until after the end of the 30-day
comment period. NMFS will publish
notice of its final action in the Federal
Register.
Dated: February 21, 2024.
Angela Somma,
Chief, Endangered Species Division, Office
of Protected Resources, National Marine
Fisheries Service.
[FR Doc. 2024–03986 Filed 2–26–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD740]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to the Empire
Wind Project, Offshore of New York
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of Letter of
Authorization.
AGENCY:
In accordance with the
Marine Mammal Protection Act
SUMMARY:
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
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(MMPA) as amended, and implementing
regulations, notification is hereby given
that a Letter of Authorization (LOA) has
been issued to Empire Offshore Wind,
LLC (Empire Wind) for the taking of
marine mammals incidental to the
construction of the Empire Wind Project
(hereafter known as the ‘‘Project’’).
DATES: The LOA is effective from
February 22, 2024 through February 21,
2029.
ADDRESSES: 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.
FOR FURTHER INFORMATION CONTACT:
Jessica Taylor, 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 taking
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
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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 an associated
LOA(s). NMFS promulgated regulations
on February 14, 2024 (89 FR 11342) for
the taking of marine mammals
incidental to the construction of the
Empire Wind Project offshore of New
York. The LOA authorizes Empire Wind
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.
On February 14, 2024, NMFS
promulgated a final rule (89 FR 11342)
responding to a request from Empire
Wind for authorization to take small
numbers of marine mammals (17
species comprising 18 stocks) by Level
B harassment (all 17 stocks) and by
Level A harassment (2 of the 17 stocks)
incidental to construction activities
occurring in Federal and State waters off
of New York, 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 0512 (Lease Area) and along 2
export cable routes to sea-to-shore
transition points (collectively referred to
as the ‘‘Project Area’’), over the course
of 5 years (February 22, 2024 through
February 21, 2029). The activities
covered under the final rule include the
installation of 147 wind turbine
generators (WTGs) on monopile
foundations and 2 offshore substations
(OSSs) on jacket foundations using pin
piles by impact pile driving; nearshore
cable landfall work comprising of the
installation and subsequent removal of
nearshore temporary cofferdams by
vibratory pile driving or the installation
and subsequent removal of casing pipes
supported by goal posts by impact pile
driving at the sea-to-shore transition
points located on Long Island and
Brooklyn, New York; removal of
berthing piles and installation of marine
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14443
bulkheads inshore of Long Island, New
York; 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 pile
driving, may be taken by Level A
harassment (limited to fin whales and
minke whale), and marine mammals
exposed to elevated noise levels during
impact and vibratory pile driving during
cable landfall and marina construction
activities and/or site characterization
surveys may be taken by Level B
harassment. No mortality or serious
injury of any marine mammal is
anticipated to occur or has been
authorized.
Authorization
In accordance with the final rule (89
FR 11342, February 14, 2024, see 50
CFR 217.286), we have issued a LOA to
Empire Wind authorizing the take, by
harassment, of marine mammals
incidental to specified construction
activities within the specified
geographical region. As previously
stated, no mortality or serious injury of
any marine mammal species is
anticipated to occur or has been
authorized. The incidental takes
authorized herein are the same as those
analyzed and authorized in the final
rule (89 FR 11342, February 14, 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
prior to the start of foundation pile
driving; (6) use of noise attenuation
technology during foundation pile
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Federal Register / Vol. 89, No. 39 / Tuesday, February 27, 2024 / Notices
driving; (7) use of situational awareness
monitoring for marine mammal
presence; (8) use of sound field
verification monitoring; (9) use of rampup acoustic sources during HRG
surveys; (10) implementation of vessel
separation zones between marine
mammals and project vessels; (11) use
of PAM within the vessel transit
corridor for Project vessels to travel over
10 knots (11.5 miles per hour); and (12)
implementation of additional Vessel
Strike Avoidance measures to reduce
the risk of a vessel collision with a
marine mammal. Additionally, NMFS
may modify the LOA’s mitigation,
monitoring, or reporting measures,
based on new information, when
appropriate (see also 50 CFR
217.287(c)). Empire Wind is also
required to submit reports, as specified
in the final rule.
Based on the findings and information
discussed in the preamble of the final
rule, the take authorized in the LOA
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 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–03887 Filed 2–26–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD742]
Western Pacific Fishery Management
Council; Public Meetings
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of public meetings.
AGENCY:
The Western Pacific Fishery
Management Council (Council) will
hold its 151st Scientific and Statistical
Committee (SSC), Executive and Budget
Standing Committee (SC) and its 198th
Council meeting to take actions on
fishery management issues in the
Western Pacific Region. The Council
will also hold a joint meeting of the
Advisory Panel (AP), the Fishing
Industry Advisory Committee (FIAC),
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SUMMARY:
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and the Non-Commercial Fisheries
Advisory Committee (NCFAC).
DATES: The meetings will be held
between March 12 and March 20, 2024.
For specific times and agendas, see
SUPPLEMENTARY INFORMATION.
ADDRESSES: The 151st SSC meeting will
be held as a hybrid meeting for SSC
members and the public, with a remote
participation option available via
WebEx. In-person attendance will be
hosted at the Council office, 1164
Bishop Street, Suite 1400, Honolulu, HI
96813.
The Executive and Budget SC meeting
will be held as a hybrid meeting for
members and the public, with a remote
participation option available via
WebEx. In-person attendance will be
hosted at the Council office, 1164
Bishop Street, Suite 1400, Honolulu, HI
96813.
The Joint Meeting of the AP, FIAC,
and NCFAC, and the 198th Council
Meeting will be held as hybrid meetings
for the advisory body members, Council
members and the public, with a remote
participation option available via
Webex. In-person attendance will be
hosted at the Ala Moana Hotel, Hibiscus
Ballroom, 410 Atkinson Drive,
Honolulu, HI 96814.
Specific information on joining the
meeting, connecting to the web
conference and providing oral public
comments will be posted on the Council
website at www.wpcouncil.org. For
assistance with the web conference
connection, contact the Council office at
(808) 522–8220.
Council address: Western Pacific
Fishery Management Council, 1164
Bishop Street, Suite 1400, Honolulu, HI
96813.
FOR FURTHER INFORMATION CONTACT:
Kitty M. Simonds, Executive Director,
Western Pacific Fishery Management
Council; phone: (808) 522–8220.
SUPPLEMENTARY INFORMATION: The 151st
SSC meeting will be held between 9
a.m. and 5 p.m. Hawaii Standard Time
(HST) on March 12–13, and 9 a.m. and
1 p.m. on March 14, 2024. The
Executive and Budget SC meeting will
be held between 1 p.m. and 5 p.m. HST
on March 15, 2024. The Joint Meeting of
the AP, FIAC and NCFAC will be held
between 4:30 p.m. and 6 p.m. HST on
March 19, 2024. The 198th Council
Meeting will be held between 10 a.m.
and 5:30 p.m. HST on March 18, 2024,
8:30 a.m. and 4:30 p.m. HST on March
19, 2024 and 8:30 a.m. and 5 p.m. HST
on March 20, 2024. Public Comment on
Non-Agenda Items will be held between
5:15 p.m. and 5:30 p.m. HST on March
18, 2024. The Fishers Forum will be
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held between 6 p.m. and 9 p.m. HST on
March 18, 2024.
Agenda items noted as ‘‘Final Action’’
refer to actions that may result in
Council transmittal of a proposed
fishery management plan, proposed
plan amendment, or proposed
regulations to the U.S. Secretary of
Commerce, under Sections 304 or 305 of
the Magnuson-Stevens Fishery
Conservation and Management Act
(MSA). In addition to the agenda items
listed here, the Council and its advisory
bodies will hear recommendations from
Council advisors. An opportunity to
submit public comment will be
provided throughout the agendas. The
order in which agenda items are
addressed may change and will be
announced in advance at the Council
meeting. The meetings will run as late
as necessary to complete scheduled
business.
Background documents for the 198th
Council meeting will be available at
www.wpcouncil.org. Written public
comments on final action items at the
198th Council meeting should be
received at the Council office by 5 p.m.
HST, Thursday, March 14, 2024, and
should be sent to Kitty M. Simonds,
Executive Director; Western Pacific
Fishery Management Council, 1164
Bishop Street, Suite 1400, Honolulu, HI
96813, phone: (808) 522–8220 or fax:
(808) 522–8226; or email: info@
wpcouncil.org. Written public
comments on all other agenda items
may be submitted for the record by
email throughout the duration of the
meeting. Instructions for providing oral
public comments during the meeting
will be posted on the Council website.
This meeting will be recorded (audio
only) for the purposes of generating the
minutes of the meeting.
Agenda for the 151th SSC Meeting
Tuesday, March 12, 2024, 9 a.m. to 5 p.m.
HST
1. Introductions
2. Approval of Draft Agenda and Assignment
of Rapporteurs
3. Status of the 150th SSC Meeting
Recommendations
4. Pacific Islands Fisheries Science Center
(PIFSC) Director Report
A. Main Hawaiian Islands (MHI) Deep 7
Bottomfish Fishery Benchmark Stock
Assessment
A.1. Western Pacific Stock Assessment
Review (WPSAR) Report
A.2. Stock Assessment
B. MHI Small Boat Fisheries Project
Update
C. Guam Bottomfish Stock Assessment
Update
C.1. WPSAR Report
C.2. Stock Assessment
D. Guam Bottomfish Data WPSAR Terms of
Reference
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]]>Agencies
[Federal Register Volume 89, Number 39 (Tuesday, February 27, 2024)]
[Notices]
[Pages 14442-14444]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03887]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD740]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to the Empire Wind Project, Offshore
of New York
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
[[Page 14443]]
(MMPA) as amended, and implementing regulations, notification is hereby
given that a Letter of Authorization (LOA) has been issued to Empire
Offshore Wind, LLC (Empire Wind) for the taking of marine mammals
incidental to the construction of the Empire Wind Project (hereafter
known as the ``Project'').
DATES: The LOA is effective from February 22, 2024 through February 21,
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.
FOR FURTHER INFORMATION CONTACT: Jessica Taylor, 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 taking 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 an associated LOA(s). NMFS promulgated
regulations on February 14, 2024 (89 FR 11342) for the taking of marine
mammals incidental to the construction of the Empire Wind Project
offshore of New York. The LOA authorizes Empire Wind 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.
On February 14, 2024, NMFS promulgated a final rule (89 FR 11342)
responding to a request from Empire Wind for authorization to take
small numbers of marine mammals (17 species comprising 18 stocks) by
Level B harassment (all 17 stocks) and by Level A harassment (2 of the
17 stocks) incidental to construction activities occurring in Federal
and State waters off of New York, 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 0512 (Lease Area) and along 2 export cable
routes to sea-to-shore transition points (collectively referred to as
the ``Project Area''), over the course of 5 years (February 22, 2024
through February 21, 2029). The activities covered under the final rule
include the installation of 147 wind turbine generators (WTGs) on
monopile foundations and 2 offshore substations (OSSs) on jacket
foundations using pin piles by impact pile driving; nearshore cable
landfall work comprising of the installation and subsequent removal of
nearshore temporary cofferdams by vibratory pile driving or the
installation and subsequent removal of casing pipes supported by goal
posts by impact pile driving at the sea-to-shore transition points
located on Long Island and Brooklyn, New York; removal of berthing
piles and installation of marine bulkheads inshore of Long Island, New
York; 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
pile driving, may be taken by Level A harassment (limited to fin whales
and minke whale), and marine mammals exposed to elevated noise levels
during impact and vibratory pile driving during cable landfall and
marina construction activities and/or site characterization surveys may
be taken by Level B harassment. No mortality or serious injury of any
marine mammal is anticipated to occur or has been authorized.
Authorization
In accordance with the final rule (89 FR 11342, February 14, 2024,
see 50 CFR 217.286), we have issued a LOA to Empire Wind authorizing
the take, by harassment, of marine mammals incidental to specified
construction activities within the specified geographical region. As
previously stated, no mortality or serious injury of any marine mammal
species is anticipated to occur or has been authorized. The incidental
takes authorized herein are the same as those analyzed and authorized
in the final rule (89 FR 11342, February 14, 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
prior to the start of foundation pile driving; (6) use of noise
attenuation technology during foundation pile
[[Page 14444]]
driving; (7) use of situational awareness monitoring for marine mammal
presence; (8) use of sound field verification monitoring; (9) use of
ramp-up acoustic sources during HRG surveys; (10) implementation of
vessel separation zones between marine mammals and project vessels;
(11) use of PAM within the vessel transit corridor for Project vessels
to travel over 10 knots (11.5 miles per hour); and (12) implementation
of additional Vessel Strike Avoidance measures to reduce the risk of a
vessel collision with a marine mammal. Additionally, NMFS may modify
the LOA's mitigation, monitoring, or reporting measures, based on new
information, when appropriate (see also 50 CFR 217.287(c)). Empire Wind
is also required to submit reports, as specified in the final rule.
Based on the findings and information discussed in the preamble of
the final rule, the take authorized in the LOA 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 21, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-03887 Filed 2-26-24; 8:45 am]
BILLING CODE 3510-22-P
