Takes of Marine Mammals Incidental To Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys in the New York Bight, 15165-15168 [2024-04391]
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Federal Register / Vol. 89, No. 42 / Friday, March 1, 2024 / Notices
to 5 p.m. See SUPPLEMENTARY
INFORMATION for agenda details.
DEPARTMENT OF COMMERCE
The meeting will take place
over webinar using the Webex platform
with a telephone-only connection
option. Details on how to connect to the
webinar by computer and by telephone
will be available at: www.mafmc.org/
ssc.
Council address: Mid-Atlantic Fishery
Management Council, 800 N State
Street, Suite 201, Dover, DE 19901;
telephone: (302) 674–2331; website:
www.mafmc.org.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Christopher M. Moore, Ph.D., Executive
Director, Mid-Atlantic Fishery
Management Council, telephone: (302)
526–5255.
During
this meeting, the SSC will review and
provide feedback on the most recent
Mid-Atlantic State of the Ecosystem
report, the Ecosystem Approach to
Fisheries Management risk assessment,
and the work plan/products of the SSC’s
Ecosystem Work Group. The SSC will
receive an overview of the Northeast
Fisheries Science Center Cooperative
Research Program activities. In addition,
the SSC will discuss the activities and
future products of the Overfishing Limit
(OFL) Coefficient of Variation (CV) subgroup. Under ‘‘Other Business’’, the SSC
will discuss a number of topics
including: the Scientific Coordination
Sub-Committee 8th National Workshop,
outcomes from a recent workshop on
defining biological reference points, the
2024–2025 stock assessment schedule,
and 2024 SSC meeting plans. The SSC
may take up any other business as
necessary.
A detailed agenda and background
documents will be made available on
the Council’s website (www.mafmc.org)
prior to the meeting.
SUPPLEMENTARY INFORMATION:
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Special Accommodations
The meeting is physically accessible
to people with disabilities. Requests for
sign language interpretation or other
auxiliary aid should be directed to
Shelley Spedden, (302) 526–5251, at
least 5 days prior to the meeting date.
Authority: 16 U.S.C. 1801 et seq.
Dated: February 27, 2024.
Rey Israel Marquez,
Acting Deputy Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2024–04348 Filed 2–29–24; 8:45 am]
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National Oceanic and Atmospheric
Administration
[RTID 0648–XD741]
Takes of Marine Mammals Incidental
To Specified Activities; Taking Marine
Mammals Incidental to Marine Site
Characterization Surveys in the New
York Bight
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; issuance of renewal
incidental harassment authorization.
AGENCY:
In accordance with the
regulations implementing the Marine
Mammal Protection Act (MMPA), as
amended, notification is hereby given
that NMFS has issued a renewal
incidental harassment authorization
(IHA) to Bluepoint Wind, LLC, (BPW) to
incidentally harass marine mammals
incidental to marine site
characterization surveys in coastal
waters off of New York and New Jersey
in the New York Bight, specifically
within the Bureau of Ocean Energy
Management (BOEM) Commercial Lease
of Submerged Lands for Renewable
Energy Development on the Outer
Continental Shelf (Lease) Area OCS–A
0537 and associated export cable route
(ECR) area.
DATES: This renewal IHA is valid from
March 1, 2024, through February 28,
2025.
ADDRESSES: Electronic copies of the
original application, renewal request,
and supporting documents (including
NMFS Federal Register notices of the
original proposed and final
authorizations, and the previous IHA),
as well as a list of the references cited
in this document, may be obtained
online at: https://
www.fisheries.noaa.gov/permit/
incidental-take-authorizations-undermarine-mammal-protection-act. In case
of problems accessing these documents,
see FOR FURTHER INFORMATION CONTACT
section.
FOR FURTHER INFORMATION CONTACT:
Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The Marine Mammal Protection Act
(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
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15165
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are promulgated or, if the
taking is limited to harassment, an
incidental harassment authorization is
issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and NMFS’s
implementing regulations (see 16 U.S.C
1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
requested public comment on a
potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 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 Detailed Description of
Specified Activities section of the initial
IHA issuance notice is planned, or (2)
the activities as described in the
Description of the Specified Activities
and Anticipated Impacts section of the
initial IHA issuance notice would not be
completed by the time the initial IHA
expires and a renewal would allow for
completion of the activities beyond that
described in the DATES section of the
notice of issuance of the initial IHA,
provided all of the following conditions
are met:
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1. 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).
2. The request for renewal must
include the following:
• 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).
• 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.
3. 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.
An additional public comment period
of 15 days (for a total of 45 days), with
direct notice by email, phone, or postal
service to commenters on the initial
IHA, is provided to allow for any
additional comments on the proposed
renewal. A description of the renewal
process may be found on our website at:
https://www.fisheries.noaa.gov/
national/marine-mammal-protection/
incidental-harassment-authorizationrenewals.
History of Request
On February 28, 2023, NMFS issued
an IHA to BPW to take marine mammals
incidental to conducting marine site
characterization surveys in coastal
waters off of New York and New Jersey
in the New York Bight, specifically
within the BOEM Lease Area OCS–A
0537 and associated ECR area (88 FR
13783, March 6, 2023), effective from
March 1, 2023, through February 29,
2024. On December 21, 2023, NMFS
received an application for the renewal
of that initial IHA. As described in the
application for renewal, the activities
for which incidental take is requested
consist of activities that are covered by
the initial authorization but will not be
completed prior to its expiration. As
required, the applicant also provided a
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preliminary monitoring report (available
at https://www.fisheries.noaa.gov/
action/incidental-take-authorizationbluepoint-wind-llc-marine-sitecharacterization-surveys-new) which
confirms that the applicant has
implemented the required mitigation
and monitoring, and which also shows
that no impacts of a scale or nature not
previously analyzed or authorized have
occurred as a result of the activities
conducted. The notice of the proposed
renewal incidental harassment
authorization was published for public
comment on January 31, 2024 (89 FR
6092).
Description of the Specified Activities
and Anticipated Impacts
BPW’s initial IHA included
conducting marine site characterization
surveys, including high-resolution
geophysical (HRG) surveys, in coastal
waters off of New Jersey and New York
in the New York Bight, specifically
within the BOEM Lease Area OCS–A
0537 and associated ECR area.
Challenges and delays with
procurement, mobilization, and
downtime contributed to less survey
effort being completed during the initial
IHA period than anticipated.
The surveys were designed to obtain
data sufficient to meet BOEM guidelines
for providing geophysical, geotechnical,
and geohazard information for site
assessment plan surveys and/or
construction and operations plan
development. The objective of the
surveys was to support the site
characterization, siting, and engineering
design of offshore wind project facilities
including wind turbine generators,
offshore substations, and submarine
cables within the Lease Area. At least
two survey vessels would operate as
part of the planned surveys with a
maximum of two nearshore (<20 meters
(m)) vessels and a maximum of two
offshore (≥20 m) vessels operating
concurrently.
BPW is planning to continue to
conduct survey activities as per the
initial IHA application up to
approximately 17,008 kilometers (km) of
trackline, which would be conducted
over up to approximately 335 days
across multiple vessels (in the same
manner as the initial IHA). This is a
subset of the survey trackline included
in the initial IHA. The initial survey
plan included 13,268 km of trackline in
the ECR survey area and 9,923 km in the
Lease Area (total of 23,191 km) using
the sparker for all survey activities as a
conservative operational scenario.
Through the expiration of the initial
IHA, BPW expects to survey 6,183 km
of trackline, leaving 17,008 km
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remaining from the initial request (up to
10,299 km in the ECR survey area and
6,709 km in the Lease Area).
The potential impacts of BPW’s
activity on marine mammals could
involve acoustic stressors and are
unchanged from the impacts described
in the notice of the proposed IHA (88 FR
2325, January 13, 2023). Acoustic
stressors include effects of the marine
site characterization surveys. The effects
of underwater disturbance from the
BPW’s activities have the potential to
result in Level B harassment of marine
mammals in the specified geographic
region.
This renewal IHA is for the remainder
of work that will not be completed by
the expiration of the initial IHA. The
renewal IHA would authorize incidental
take, by Level B harassment only (in the
form of behavioral disturbance), of 15
species (16 stocks) of marine mammals
for a subset of marine site
characterization survey activities to be
completed in 1 year, in the same area,
using survey methods identical to those
described in the initial IHA application.
Therefore, the anticipated effects on
marine mammals and the affected stocks
also remain the same. All mitigation,
monitoring, and reporting measures
would remain exactly as described in
the Federal Register notice of the issued
initial IHA (88 FR 13783, March 6,
2023).
Detailed Description of the Activity
A detailed description of the marine
site characterization survey activities for
which incidental take is authorized
here, may be found in the Federal
Register notice of the proposed IHA (88
FR 2325, January 13, 2023) for the initial
authorization. The location and nature
of the activities, including the types of
equipment planned for use, are identical
to those described in the previous
notices. The renewal would be effective
for a period not exceeding 1 year from
the date of expiration of the initial IHA.
Description of Marine Mammals
A description of the marine mammals
in the area of the activities for which
take is authorized, including
information on abundance, status,
distribution, and hearing, may be found
in the Federal Register notice of the
proposed IHA for the initial
authorization (88 FR 2325, January 13,
2023). NMFS has reviewed the finalized
2022 Stock Assessment Reports (SARs),
which included updates to certain stock
abundances since the initial IHA was
issued, information on relevant Unusual
Mortality Events, and other scientific
literature. In August 2023 after the
initial IHA was issued, NMFS released
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its final 2022 SARs, which updated the
population estimate (Nbest) of North
Atlantic right whales from 368 to 338
and annual mortality and serious injury
increased from 8.1 to 31.2. This large
increase in annual serious injury/
mortality is a result of NMFS including
undetected annual mortality and serious
injury in the total annual serious injury/
mortality, which had not been
previously included in the SARs. The
population estimate is slightly lower
than the North Atlantic Right Whale
Consortium’s 2022 Report Card, which
identifies the population estimate as 340
individuals (Pettis et al., 2023). The
2022 SAR and NARWC estimates are
based on sighting history through
November 2020 (Hayes et al., 2023). In
October 2023, NMFS released a
technical report identifying that the
North Atlantic right whale population
size based on sighting history through
2022 was 356 whales, with a 95 percent
credible interval ranging from 346 to
363 (Linden, 2023). NMFS has
determined that neither this nor any
other new information affects which
species or stocks have the potential to
be affected or any other pertinent
information in the Description of the
Marine Mammals in the Area of
Specified Activities contained in the
supporting documents for the initial
IHA.
On August 1, 2022, NMFS announced
proposed changes to the existing North
Atlantic right whale vessel speed
regulations to further reduce the
likelihood of mortalities and serious
injuries to endangered North Atlantic
right whales from vessel collisions,
which are a leading cause of the species’
decline and a primary factor in an
ongoing Unusual Mortality Event (87 FR
46921, August 1, 2022). Should a final
vessel speed rule be issued and become
effective during the effective period of
this proposed Renewal 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.
Potential Effects on Marine Mammals
and Their Habitat
A description of the potential effects
of the specified activity on marine
mammals and their habitat for the
activities for which take is authorized
here may be found in the Federal
Register notice of the proposed IHA for
the initial authorization (88 FR 2325,
January 13, 2023). NMFS has reviewed
the monitoring data from the initial
IHA, recent Stock Assessment Reports,
information on relevant Unusual
Mortality Events, other scientific
literature, and the public comments,
and determined that there is no new
information affects our initial analysis
of impacts on marine mammals and
their habitat.
Estimated Take
A detailed description of the methods
and inputs used to estimate take for the
specified activity are found in the
Notices of the Proposed and Final IHAs
for the initial authorization (88 FR 2325,
January 13, 2023; 88 FR 13783, March
6, 2023). Specifically, the source levels,
days of operation, and marine mammal
density/occurrence data applicable to
this authorization remain unchanged
from the previously issued IHA.
Similarly, the stocks taken, methods of
take, and types of take remain
unchanged from the previously issued
IHA. The number of takes authorized in
this renewal IHA are a subset of the
initial authorized takes that better
represent the amount of activity BPW
has left to complete. These estimated
takes, which reflect the remaining
survey days, are indicated below in
table 1.
TABLE 1—NUMBER OF TAKES BY LEVEL B HARASSMENT BY SPECIES AND STOCK AND PERCENT OF TAKE BY STOCK
Authorized
take
Common name
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North Atlantic right whale ............................................................................................................
Fin whale .....................................................................................................................................
Sei whale .....................................................................................................................................
Minke whale .................................................................................................................................
Humpback whale .........................................................................................................................
Sperm whale ................................................................................................................................
Atlantic white-sided dolphin .........................................................................................................
Atlantic spotted dolphin ...............................................................................................................
Bottlenose dolphin (West North Atlantic Offshore) .....................................................................
Bottlenose dolphin (Northern Migratory Coastal) ........................................................................
Long-finned pilot whale ................................................................................................................
Risso’s dolphin .............................................................................................................................
Common dolphin ..........................................................................................................................
Harbor porpoise ...........................................................................................................................
Gray seal .....................................................................................................................................
Harbor seal ..................................................................................................................................
Description of Mitigation, Monitoring
and Reporting Measures
The mitigation, monitoring, and
reporting measures included as
requirements in this authorization are
identical to those included in the
Federal Register notice announcing the
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issuance of the initial IHA (88 FR 13783,
March 6, 2023), and the discussion of
the least practicable adverse impact
included in that document and the
Notice of the proposed IHA remains
accurate (88 FR 2325, January 13, 2023).
The following measures for this renewal
include:
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11
63
15
149
27
5
316
162
204
730
50
38
3,456
958
861
861
Population
abundance
338
6,802
6,292
21,968
1,396
4,349
93,233
39,921
62,851
6,639
39,215
35,215
172,947
95,543
27,300
61,366
Percent of
population
3.3
0.9
0.2
0.7
1.9
0.1
0.3
0.4
0.3
11
0.1
0.1
2
1
3.2
1.4
• Ramp-up: A ramp-up procedure
would be used for geophysical survey
equipment capable of adjusting energy
levels at the start or re-start of survey
activities;
• Protected Species Observers: A
minimum of one NMFS-approved
Protected Species Observer (PSO) must
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be on duty and conducting visual
observations at all times during daylight
hours (i.e., from 30 minutes prior to
sunrise through 30 minutes following
sunset). Two PSOs will be on watch
during nighttime operations;
• Pre-Operation Clearance Protocols:
Prior to initiating HRG survey activities,
BPW would implement a 30-minute preoperation clearance period. If any
marine mammals are detected within
the Exclusion Zones prior to or during
ramp-up, the HRG equipment would be
shut down (as described below);
• Shutdown Zones: If an HRG source
is active and a marine mammal is
observed within or entering a relevant
shutdown zone, an immediate
shutdown of the HRG survey equipment
would be required. Note this shutdown
requirement would be waived for
certain genera of small delphinids and
pinnipeds;
• Vessel Strike Avoidance Measures:
Separation distances for large whales
(500 m for North Atlantic right whales;
100 m for sperm whales and all other
baleen whales; 50 m for all other marine
mammals); restricted vessel speeds and
operational maneuvers; and
• Reporting: BPW will submit a
marine mammal report within 90 days
following completion of the surveys.
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Comments and Responses
A notice of NMFS’ proposal to issue
a renewal IHA to BPW was published in
the Federal Register on January 31,
2024 (89 FR 6092). That notice either
described, or referenced descriptions of,
BPW’s activity, the marine mammal
species that may be affected by the
activity, the anticipated effects on
marine mammals and their habitat,
estimated amount and manner of take,
and proposed mitigation, monitoring
and reporting measures. NMFS received
no public comments.
Determinations
BPW’s activities consist of a subset of
activities analyzed in the initial IHA. In
analyzing the effects of the activities for
the initial IHA, NMFS determined that
BPW’s activities would have a negligible
impact on the affected species or stocks
and that authorized take numbers of
each species or stock were small relative
to the relevant stocks (e.g., less than
one-third the abundance of all stocks).
The mitigation measures and
monitoring and reporting requirements
as described above are identical to the
initial IHA.
NMFS has concluded that there is no
new information suggesting that our
analysis or findings should change from
those reached for the initial IHA. Based
on the information and analysis
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contained here and in the referenced
documents, NMFS has determined the
following: (1) the required mitigation
measures will effect the least practicable
adverse 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; (4)
BPW’s activities will not have an
unmitigable adverse impact on taking
for subsistence purposes as no relevant
subsistence uses of marine mammals are
implicated by this action; and (5)
appropriate monitoring and reporting
requirements are included.
National Environmental Policy Act
This action is consistent with
categories of activities identified in
Categorical Exclusion B4 (incidental
take authorizations with no anticipated
serious injury or mortality) of the
Companion Manual for NOAA
Administrative Order 216–6A, which do
not individually or cumulatively have
the potential for significant impacts on
the quality of the human environment
and for which we have not identified
any extraordinary circumstances that
would preclude this categorical
exclusion. Accordingly, NMFS
determined that the issuance of the
initial IHA qualified for categorical
exclusion from further NEPA review.
NMFS has determined that the
application of this categorical exclusion
remains appropriate for this renewal
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, in this
case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO),
whenever we propose to authorize take
for endangered or threatened species.
NMFS Office of Protected Resources
has authorized the incidental take of
four species of marine mammals which
are listed under the ESA (the North
Atlantic right, fin, sei, and sperm whale)
and has determined that these activities
fall within the scope of activities
analyzed in GARFO’s programmatic
consultation regarding geophysical
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surveys along the U.S. Atlantic coast in
the three Atlantic Renewable Energy
Regions (completed June 29, 2021;
revised September 2021). The Renewal
IHA provides no new information about
the effects of the action, nor does it
change the extent of effects of the
action, or any other basis to require
reinitiation of consultation with NMFS
GARFO; therefore, the ESA consultation
has been satisfied for the initial IHA and
remains valid for the Renewal IHA.
Renewal
NMFS has issued a renewal IHA to
BPW for the take of marine mammals
incidental to conducting marine site
characterization surveys in coastal
waters off of New York and New Jersey
in the New York Bight, from March 1,
2024, through February 28, 2025.
Dated: February 27, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources,
National Marine Fisheries Service.
[FR Doc. 2024–04391 Filed 2–29–24; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XD762]
Endangered and Threatened Species:
Expiration of Nonessential
Experimental Population Designation
for Middle Columbia River Steelhead
Upstream of Round Butte Dam,
Deschutes River Basin, Oregon
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice.
AGENCY:
NMFS hereby gives notice
that the nonessential experimental
population (NEP) designation and
accompanying protective measures for
Middle Columbia River (MCR) steelhead
occurring in all accessible reaches
upstream of Round Butte Dam on the
Deschutes River, Oregon, shall expire at
midnight (00:00 hours; Pacific Standard
Time) on January 15, 2025. Upon
expiration, all steelhead that occur
upstream of Round Butte Dam will be
designated as threatened under the
Endangered Species Act (ESA). This
notice does not extend the upstream
limit of existing critical habitat for MCR
steelhead in the Deschutes River, nor
does it designate new critical habitat.
FOR FURTHER INFORMATION CONTACT:
Scott Carlon, Portland, Oregon, (971)
322–7436, email: scott.carlon@noaa.gov.
SUMMARY:
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]]>Agencies
[Federal Register Volume 89, Number 42 (Friday, March 1, 2024)]
[Notices]
[Pages 15165-15168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04391]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XD741]
Takes of Marine Mammals Incidental To Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys in the New York Bight
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; issuance of renewal incidental harassment
authorization.
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SUMMARY: In accordance with the regulations implementing the Marine
Mammal Protection Act (MMPA), as amended, notification is hereby given
that NMFS has issued a renewal incidental harassment authorization
(IHA) to Bluepoint Wind, LLC, (BPW) to incidentally harass marine
mammals incidental to marine site characterization surveys in coastal
waters off of New York and New Jersey in the New York Bight,
specifically within the Bureau of Ocean Energy Management (BOEM)
Commercial Lease of Submerged Lands for Renewable Energy Development on
the Outer Continental Shelf (Lease) Area OCS-A 0537 and associated
export cable route (ECR) area.
DATES: This renewal IHA is valid from March 1, 2024, through February
28, 2025.
ADDRESSES: Electronic copies of the original application, renewal
request, and supporting documents (including NMFS Federal Register
notices of the original proposed and final authorizations, and the
previous IHA), as well as a list of the references cited in this
document, may be obtained online at: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. In case of problems accessing these documents, see FOR FURTHER
INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT: Jenna Harlacher, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are promulgated or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and NMFS's implementing regulations (see 16 U.S.C
1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, 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 Detailed Description
of Specified Activities section of the initial IHA issuance notice is
planned, or (2) the activities as described in the Description of the
Specified Activities and Anticipated Impacts section of the initial IHA
issuance notice would not be completed by the time the initial IHA
expires and a renewal would allow for completion of the activities
beyond that described in the DATES section of the notice of issuance of
the initial IHA, provided all of the following conditions are met:
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1. 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).
2. The request for renewal must include the following:
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).
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.
3. 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.
An additional public comment period of 15 days (for a total of 45
days), with direct notice by email, phone, or postal service to
commenters on the initial IHA, is provided to allow for any additional
comments on the proposed renewal. A description of the renewal process
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.
History of Request
On February 28, 2023, NMFS issued an IHA to BPW to take marine
mammals incidental to conducting marine site characterization surveys
in coastal waters off of New York and New Jersey in the New York Bight,
specifically within the BOEM Lease Area OCS-A 0537 and associated ECR
area (88 FR 13783, March 6, 2023), effective from March 1, 2023,
through February 29, 2024. On December 21, 2023, NMFS received an
application for the renewal of that initial IHA. As described in the
application for renewal, the activities for which incidental take is
requested consist of activities that are covered by the initial
authorization but will not be completed prior to its expiration. As
required, the applicant also provided a preliminary monitoring report
(available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-bluepoint-wind-llc-marine-site-characterization-surveys-new) which confirms that the applicant has implemented the required
mitigation and monitoring, and which also shows that no impacts of a
scale or nature not previously analyzed or authorized have occurred as
a result of the activities conducted. The notice of the proposed
renewal incidental harassment authorization was published for public
comment on January 31, 2024 (89 FR 6092).
Description of the Specified Activities and Anticipated Impacts
BPW's initial IHA included conducting marine site characterization
surveys, including high-resolution geophysical (HRG) surveys, in
coastal waters off of New Jersey and New York in the New York Bight,
specifically within the BOEM Lease Area OCS-A 0537 and associated ECR
area. Challenges and delays with procurement, mobilization, and
downtime contributed to less survey effort being completed during the
initial IHA period than anticipated.
The surveys were designed to obtain data sufficient to meet BOEM
guidelines for providing geophysical, geotechnical, and geohazard
information for site assessment plan surveys and/or construction and
operations plan development. The objective of the surveys was to
support the site characterization, siting, and engineering design of
offshore wind project facilities including wind turbine generators,
offshore substations, and submarine cables within the Lease Area. At
least two survey vessels would operate as part of the planned surveys
with a maximum of two nearshore (<20 meters (m)) vessels and a maximum
of two offshore (>=20 m) vessels operating concurrently.
BPW is planning to continue to conduct survey activities as per the
initial IHA application up to approximately 17,008 kilometers (km) of
trackline, which would be conducted over up to approximately 335 days
across multiple vessels (in the same manner as the initial IHA). This
is a subset of the survey trackline included in the initial IHA. The
initial survey plan included 13,268 km of trackline in the ECR survey
area and 9,923 km in the Lease Area (total of 23,191 km) using the
sparker for all survey activities as a conservative operational
scenario. Through the expiration of the initial IHA, BPW expects to
survey 6,183 km of trackline, leaving 17,008 km remaining from the
initial request (up to 10,299 km in the ECR survey area and 6,709 km in
the Lease Area).
The potential impacts of BPW's activity on marine mammals could
involve acoustic stressors and are unchanged from the impacts described
in the notice of the proposed IHA (88 FR 2325, January 13, 2023).
Acoustic stressors include effects of the marine site characterization
surveys. The effects of underwater disturbance from the BPW's
activities have the potential to result in Level B harassment of marine
mammals in the specified geographic region.
This renewal IHA is for the remainder of work that will not be
completed by the expiration of the initial IHA. The renewal IHA would
authorize incidental take, by Level B harassment only (in the form of
behavioral disturbance), of 15 species (16 stocks) of marine mammals
for a subset of marine site characterization survey activities to be
completed in 1 year, in the same area, using survey methods identical
to those described in the initial IHA application. Therefore, the
anticipated effects on marine mammals and the affected stocks also
remain the same. All mitigation, monitoring, and reporting measures
would remain exactly as described in the Federal Register notice of the
issued initial IHA (88 FR 13783, March 6, 2023).
Detailed Description of the Activity
A detailed description of the marine site characterization survey
activities for which incidental take is authorized here, may be found
in the Federal Register notice of the proposed IHA (88 FR 2325, January
13, 2023) for the initial authorization. The location and nature of the
activities, including the types of equipment planned for use, are
identical to those described in the previous notices. The renewal would
be effective for a period not exceeding 1 year from the date of
expiration of the initial IHA.
Description of Marine Mammals
A description of the marine mammals in the area of the activities
for which take is authorized, including information on abundance,
status, distribution, and hearing, may be found in the Federal Register
notice of the proposed IHA for the initial authorization (88 FR 2325,
January 13, 2023). NMFS has reviewed the finalized 2022 Stock
Assessment Reports (SARs), which included updates to certain stock
abundances since the initial IHA was issued, information on relevant
Unusual Mortality Events, and other scientific literature. In August
2023 after the initial IHA was issued, NMFS released
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its final 2022 SARs, which updated the population estimate
(Nbest) of North Atlantic right whales from 368 to 338 and
annual mortality and serious injury increased from 8.1 to 31.2. This
large increase in annual serious injury/mortality is a result of NMFS
including undetected annual mortality and serious injury in the total
annual serious injury/mortality, which had not been previously included
in the SARs. The population estimate is slightly lower than the North
Atlantic Right Whale Consortium's 2022 Report Card, which identifies
the population estimate as 340 individuals (Pettis et al., 2023). The
2022 SAR and NARWC estimates are based on sighting history through
November 2020 (Hayes et al., 2023). In October 2023, NMFS released a
technical report identifying that the North Atlantic right whale
population size based on sighting history through 2022 was 356 whales,
with a 95 percent credible interval ranging from 346 to 363 (Linden,
2023). NMFS has determined that neither this nor any other new
information affects which species or stocks have the potential to be
affected or any other pertinent information in the Description of the
Marine Mammals in the Area of Specified Activities contained in the
supporting documents for the initial IHA.
On August 1, 2022, NMFS announced proposed changes to the existing
North Atlantic right whale vessel speed regulations to further reduce
the likelihood of mortalities and serious injuries to endangered North
Atlantic right whales from vessel collisions, which are a leading cause
of the species' decline and a primary factor in an ongoing Unusual
Mortality Event (87 FR 46921, August 1, 2022). Should a final vessel
speed rule be issued and become effective during the effective period
of this proposed Renewal 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.
Potential Effects on Marine Mammals and Their Habitat
A description of the potential effects of the specified activity on
marine mammals and their habitat for the activities for which take is
authorized here may be found in the Federal Register notice of the
proposed IHA for the initial authorization (88 FR 2325, January 13,
2023). NMFS has reviewed the monitoring data from the initial IHA,
recent Stock Assessment Reports, information on relevant Unusual
Mortality Events, other scientific literature, and the public comments,
and determined that there is no new information affects our initial
analysis of impacts on marine mammals and their habitat.
Estimated Take
A detailed description of the methods and inputs used to estimate
take for the specified activity are found in the Notices of the
Proposed and Final IHAs for the initial authorization (88 FR 2325,
January 13, 2023; 88 FR 13783, March 6, 2023). Specifically, the source
levels, days of operation, and marine mammal density/occurrence data
applicable to this authorization remain unchanged from the previously
issued IHA. Similarly, the stocks taken, methods of take, and types of
take remain unchanged from the previously issued IHA. The number of
takes authorized in this renewal IHA are a subset of the initial
authorized takes that better represent the amount of activity BPW has
left to complete. These estimated takes, which reflect the remaining
survey days, are indicated below in table 1.
Table 1--Number of Takes by Level B Harassment by Species and Stock and Percent of Take by Stock
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Authorized Population Percent of
Common name take abundance population
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North Atlantic right whale...................................... 11 338 3.3
Fin whale....................................................... 63 6,802 0.9
Sei whale....................................................... 15 6,292 0.2
Minke whale..................................................... 149 21,968 0.7
Humpback whale.................................................. 27 1,396 1.9
Sperm whale..................................................... 5 4,349 0.1
Atlantic white-sided dolphin.................................... 316 93,233 0.3
Atlantic spotted dolphin........................................ 162 39,921 0.4
Bottlenose dolphin (West North Atlantic Offshore)............... 204 62,851 0.3
Bottlenose dolphin (Northern Migratory Coastal)................. 730 6,639 11
Long-finned pilot whale......................................... 50 39,215 0.1
Risso's dolphin................................................. 38 35,215 0.1
Common dolphin.................................................. 3,456 172,947 2
Harbor porpoise................................................. 958 95,543 1
Gray seal....................................................... 861 27,300 3.2
Harbor seal..................................................... 861 61,366 1.4
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Description of Mitigation, Monitoring and Reporting Measures
The mitigation, monitoring, and reporting measures included as
requirements in this authorization are identical to those included in
the Federal Register notice announcing the issuance of the initial IHA
(88 FR 13783, March 6, 2023), and the discussion of the least
practicable adverse impact included in that document and the Notice of
the proposed IHA remains accurate (88 FR 2325, January 13, 2023). The
following measures for this renewal include:
Ramp-up: A ramp-up procedure would be used for geophysical
survey equipment capable of adjusting energy levels at the start or re-
start of survey activities;
Protected Species Observers: A minimum of one NMFS-
approved Protected Species Observer (PSO) must
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be on duty and conducting visual observations at all times during
daylight hours (i.e., from 30 minutes prior to sunrise through 30
minutes following sunset). Two PSOs will be on watch during nighttime
operations;
Pre-Operation Clearance Protocols: Prior to initiating HRG
survey activities, BPW would implement a 30-minute pre-operation
clearance period. If any marine mammals are detected within the
Exclusion Zones prior to or during ramp-up, the HRG equipment would be
shut down (as described below);
Shutdown Zones: If an HRG source is active and a marine
mammal is observed within or entering a relevant shutdown zone, an
immediate shutdown of the HRG survey equipment would be required. Note
this shutdown requirement would be waived for certain genera of small
delphinids and pinnipeds;
Vessel Strike Avoidance Measures: Separation distances for
large whales (500 m for North Atlantic right whales; 100 m for sperm
whales and all other baleen whales; 50 m for all other marine mammals);
restricted vessel speeds and operational maneuvers; and
Reporting: BPW will submit a marine mammal report within
90 days following completion of the surveys.
Comments and Responses
A notice of NMFS' proposal to issue a renewal IHA to BPW was
published in the Federal Register on January 31, 2024 (89 FR 6092).
That notice either described, or referenced descriptions of, BPW's
activity, the marine mammal species that may be affected by the
activity, the anticipated effects on marine mammals and their habitat,
estimated amount and manner of take, and proposed mitigation,
monitoring and reporting measures. NMFS received no public comments.
Determinations
BPW's activities consist of a subset of activities analyzed in the
initial IHA. In analyzing the effects of the activities for the initial
IHA, NMFS determined that BPW's activities would have a negligible
impact on the affected species or stocks and that authorized take
numbers of each species or stock were small relative to the relevant
stocks (e.g., less than one-third the abundance of all stocks). The
mitigation measures and monitoring and reporting requirements as
described above are identical to the initial IHA.
NMFS has concluded that there is no new information suggesting that
our analysis or findings should change from those reached for the
initial IHA. Based on the information and analysis contained here and
in the referenced documents, NMFS has determined the following: (1) the
required mitigation measures will effect the least practicable adverse
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;
(4) BPW's activities will not have an unmitigable adverse impact on
taking for subsistence purposes as no relevant subsistence uses of
marine mammals are implicated by this action; and (5) appropriate
monitoring and reporting requirements are included.
National Environmental Policy Act
This action is consistent with categories of activities identified
in Categorical Exclusion B4 (incidental take authorizations with no
anticipated serious injury or mortality) of the Companion Manual for
NOAA Administrative Order 216-6A, which do not individually or
cumulatively have the potential for significant impacts on the quality
of the human environment and for which we have not identified any
extraordinary circumstances that would preclude this categorical
exclusion. Accordingly, NMFS determined that the issuance of the
initial IHA qualified for categorical exclusion from further NEPA
review. NMFS has determined that the application of this categorical
exclusion remains appropriate for this renewal 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, in this case with the NMFS Greater Atlantic
Regional Fisheries Office (GARFO), whenever we propose to authorize
take for endangered or threatened species.
NMFS Office of Protected Resources has authorized the incidental
take of four species of marine mammals which are listed under the ESA
(the North Atlantic right, fin, sei, and sperm whale) and has
determined that these activities fall within the scope of activities
analyzed in GARFO's programmatic consultation regarding geophysical
surveys along the U.S. Atlantic coast in the three Atlantic Renewable
Energy Regions (completed June 29, 2021; revised September 2021). The
Renewal IHA provides no new information about the effects of the
action, nor does it change the extent of effects of the action, or any
other basis to require reinitiation of consultation with NMFS GARFO;
therefore, the ESA consultation has been satisfied for the initial IHA
and remains valid for the Renewal IHA.
Renewal
NMFS has issued a renewal IHA to BPW for the take of marine mammals
incidental to conducting marine site characterization surveys in
coastal waters off of New York and New Jersey in the New York Bight,
from March 1, 2024, through February 28, 2025.
Dated: February 27, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-04391 Filed 2-29-24; 8:45 am]
BILLING CODE 3510-22-P
