Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's Marine Site Characterization Surveys in the New York Bight, 58124-58128 [2024-15706]

Download as PDF 58124 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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. Comments and information must be received no later than August 1, 2024. ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, Permits and Conservation Division, Office of Protected Resources, National Sheleen Dumas, Marine Fisheries Service, and should be Department PRA Clearance Officer, Office of submitted via email to ITP.demarest@ the Under Secretary for Economic Affairs, noaa.gov. Commerce Department. Instructions: NMFS is not responsible [FR Doc. 2024–15686 Filed 7–16–24; 8:45 am] for comments sent by any other method, BILLING CODE 3510–22–P to any other address or individual, or received after the end of the comment period. Comments, including all DEPARTMENT OF COMMERCE attachments, must not exceed a 25National Oceanic and Atmospheric megabyte file size. Attachments to Administration comments will be accepted in Microsoft Word, Excel or Adobe PDF file formats [RTID 0648–XE042] only. All comments received are a part Takes of Marine Mammals Incidental to of the public record and will generally be posted online at https:// Specified Activities; Taking Marine Mammals Incidental to Invenergy Wind www.fisheries.noaa.gov/permit/ incidental-take-authorizations-underOffshore, LLC’s Marine Site marine-mammal-protection-act without Characterization Surveys in the New change. All personal identifying York Bight information (e.g., name, address) voluntarily submitted by the commenter AGENCY: National Marine Fisheries may be publicly accessible. Do not Service (NMFS), National Oceanic and submit confidential business Atmospheric Administration (NOAA), information or otherwise sensitive or Commerce. protected information. ACTION: Notice; proposed incidental Electronic copies of the initial IHA harassment authorization renewal; application, renewal request, and request for comments on proposed supporting documents, including authorization. Federal Register notices of the initial SUMMARY: NMFS received a request from proposed and final IHA, the initial IHA, Invenergy Wind Offshore, LLC (IWO) for and a list of the references cited in this document, may be obtained online at: the renewal of their currently active https://www.fisheries.noaa.gov/ incidental harassment authorization national/marine-mammal-protection/ (IHA) (hereinafter, the ‘‘initial IHA’’) to incidental-take-authorizations-othertake marine mammals incidental to energy-activities-renewable. In case of marine site characterization surveys in the New York Bight, specifically within problems accessing these documents, please call the contact listed below. the Bureau of Ocean Energy Management (BOEM) Commercial Lease FOR FURTHER INFORMATION CONTACT: of Submerged Lands for Renewable Austin Demarest, Office of Protected Energy Development on the Outer Resources, NMFS, (301) 427–8401. Continental Shelf (OCS) Lease Area SUPPLEMENTARY INFORMATION: OCS–A 0542 (Lease Area) and Background associated Export Cable Route (ECR) survey area (ECR Area) . IWO’s specified The Marine Mammal Protection Act activities are identical to those included (MMPA) prohibits the ‘‘take’’ of marine in the initial IHA. The initial IHA mammals, with certain exceptions. expires on July 30, 2024. Pursuant to the Sections 101(a)(5)(A) and (D) of the Marine Mammal Protection Act, prior to MMPA (16 U.S.C. 1361 et seq.) direct issuing the initial IHA, NMFS requested the Secretary of Commerce (as delegated comments on both the proposed IHA to NMFS) to allow, upon request, the and the potential for renewing the incidental, but not intentional, taking of initial authorization if certain small numbers of marine mammals by requirements were satisfied. The U.S. citizens who engage in a specified renewal requirements have been activity (other than commercial fishing) satisfied, and NMFS is now providing within a specified geographical region if an additional 15-day comment period to certain findings are made and either allow for any additional comments on regulations are promulgated or, if the the proposed renewal not previously taking is limited to harassment, an provided during the initial 30-day incidental harassment authorization is comment period. issued. VerDate Sep<11>2014 19:21 Jul 16, 2024 Jkt 262001 DATES: PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 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). 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 216.3; 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 one 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 of an 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: 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 E:\FR\FM\17JYN1.SGM 17JYN1 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices ddrumheller on DSK120RN23PROD with NOTICES1 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); and • A preliminary monitoring report showing the results of the required monitoring to date and an explanation showing that the monitoring results do not indicate impacts of a scale or nature not previously analyzed or authorized; and 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/incidentalharassment-authorization-renewals. Any comments received on the potential renewal, along with relevant comments on the initial IHA, have been considered in the development of this proposed IHA renewal and a summary of agency responses to applicable comments is included in this notice. NMFS will consider any additional public comments prior to making any final decision on the issuance of the requested renewal, and agency responses will be summarized in the final notice of our decision. 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 to be categorically excluded from further NEPA review. VerDate Sep<11>2014 19:21 Jul 16, 2024 Jkt 262001 NMFS has preliminarily determined that the application of this categorical exclusion remains appropriate for this renewal IHA. History of Request On July 19, 2023, NMFS issued the initial IHA to IWO to take small numbers of marine mammals incidental to site characterization surveys off the coast of New York and New Jersey in the New York Bight (88 FR 47846, July 25, 2023), effective from July 31, 2023 through July 30, 2024. On May 3, 2024, NMFS received a request for the renewal of the initial IHA, which was deemed adequate and complete on May 24, 2024. As described in the application for renewal IHA, the specified activities for which incidental take is requested are identical to those included in the initial authorization. As required, IWO provided a preliminary monitoring report, which shows that it has implemented the required mitigation and monitoring measures and no impacts of a scale or nature not previously analyzed or authorized have occurred as a result of the activities conducted. Description of the Specified Activities and Anticipated Impacts IWO requested to conduct an additional year of marine site characterization surveys with highresolution geophysical (HRG) surveys and geotechnical sampling from July 31, 2024 through July 30, 2025. Only HRG surveys are expected to have the potential to cause incidental take of small numbers of marine mammals. The survey will consist of up to 12,818 km of trackline in waters off the coast of New Jersey and New York in the New York Bight, which is within the Bureau of Ocean Energy Management (BOEM) lease area OCS–A 0542 and the associated Export Cable Route (ECR) Area. Hereafter, both the areas are referred to as the Survey Area. The purpose of IWO’s proposed surveys is to provide sufficient data to meet BOEM guidelines and support the development of offshore wind facilities in the Survey Area. Specifically, data collected would support site characterization, siting, and engineering design of offshore wind facilities including turbine generators, offshore substations, submarine cables and data necessary for project review requirements. IWO will have a maximum of 3 vessels surveying concurrently. Underwater sounds produced from sparkers and boomers during IWO’s surveys has the potential to result in Level B harassment of 15 species and 16 stocks of marine PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 58125 mammals. Activities proposed for the IHA renewal are identical in scope, effort, potential harassment to marine mammals, and mitigation measures as the final proposed IHA (88 FR 47846, July 25, 2023). Detailed Description of the Activity A detailed description of the surveys for which incidental take is proposed here may be found in the Federal Register Notices of the initial Proposed IHA (88 FR 32735, May 22, 2023). The location, duration, and nature of the activities, including the types of equipment planned for use, are identical to those described in the previous notices. The proposed renewal would be effective for a period not exceeding 1 year from July 30, 2024. Description of Marine Mammals A description of the marine mammals in the area of the activities for which authorization of take is proposed here, including information on abundance, status, distribution, and hearing, may be found in the Federal Register notice of the proposed IHAs (88 FR 32735, May 22, 2023) for the initial IHA. NMFS has reviewed the monitoring data from the initial IHA, the draft 2023 SARs, which included updates to certain stock abundances since the initial IHA was issued, information on relevant unusual mortality events (UME), and other scientific literature. The draft 2023 SAR updated the population estimate (Nbest) of North Atlantic right whales from 338 to 340 and annual mortality and serious injury from 31.2 to 27.2. The updated population estimate in the draft 2023 SAR is based upon sighting history through December 2021 (89 FR 5495, January 29, 2024). Total annual average observed North Atlantic right whale mortality during the period 2017–2021 was 7.1 animals and annual average observed fishery mortality was 4.6 animals, however, estimates of 27.2 total mortality and 17.6 fishery mortality account for undetected mortality and serious injury (89 FR 5495, January 29, 2024). 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). The population estimates (Nbest) also increased for the North Atlantic stock of sperm whales, the Western North Atlantic Offshore stock of common bottlenose dolphins, Western North Atlantic stocks of Risso’s dolphins, Atlantic spotted dolphins, and gray seals. However, abundance estimates slightly decreased for the Western North E:\FR\FM\17JYN1.SGM 17JYN1 58126 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices Atlantic stocks of common dolphins and harbor porpoises. NMFS has determined there is no new information that affects which species or stocks have the potential to be affected or the pertinent information in the Description of the Marine Mammals in the Area of Specified Activities contained in the supporting documents for the initial IHA. 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 an IHA is proposed here may be found in the Notice of the proposed IHA (88 FR 32735, May 22, 2023) for the initial IHA. NMFS has reviewed the monitoring data from the initial IHA, recent draft stock assessment reports, information on relevant UMEs and other scientific literature and determined that there is no new information that 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 Federal Register Notice of the Final IHA (88 FR 47846, July 25, 2023) for the initial IHA. Specifically, the source levels, days of operation, and marine mammal density/occurrence data applicable to this authorization remain unchanged from the initial IHA. Similarly, the stocks taken, methods of take, and type of take remain unchanged from the initial IHA, as do the number of takes, which are indicated below in table 1. TABLE 1—ESTIMATED TAKE NUMBER AND TOTAL PROPOSED TAKE BY LEVEL B HARASSMENT Ensonified area (km2) Species North Atlantic right whale ............................................................................................ Humpback whale ......................................................................................................... Fin whale ..................................................................................................................... Sei whale ..................................................................................................................... Minke whale ................................................................................................................ Sperm whale ............................................................................................................... Risso’s dolphin ............................................................................................................ Long-finned pilot whale ............................................................................................... Atlantic white-sided dolphin ........................................................................................ Common dolphin ......................................................................................................... Atlantic spotted dolphin ............................................................................................... Harbor porpoise .......................................................................................................... Common bottlenose dolphin (Offshore Stock) B ......................................................... Common bottlenose dolphin (Northern Migratory Coastal Stock) C ........................... Gray seal ..................................................................................................................... Harbor seal .................................................................................................................. 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,615 3,164 452 3,615 3,615 Density (animals/km2) Estimated take 0.001748 0.003657 0.004856 0.001813 0.025476 0.000371 0.002841 0.003363 0.027836 0.245719 0.011683 0.262904 0.193127 1.758553 D 0.262904 D 0.262904 6 13 18 7 92 1 10 12 101 888 42 950 611 795 950 950 Total take authorized 6 13 18 7 92 2 10 15 101 888 42 950 611 795 950 950 Percent of abundance A 1.76 0.93 0.26 0.11 0.42 A 0.03 A 0.02 0.03 0.11 A 0.95 A 0.13 A 1.11 A 0.95 11.97 A E 0.26 1.55 Note: Take request based on average group size using sightings data from (CETAP, 1982, Palka et al., 2017, Palka et al., 2021) (see Attachment 3 of the application for the initial IHA). A Based on the 2023 draft marine mammal stock assessment reports (SAR). B The ensonified area for the offshore stock is for greater than 20 m water depth includes all the lease area and portions of the ECR. C The ensonified area for the migratory coastal stock is only the areas of less than 20 m water depth (found only in portions of the ECR). D These each represent 50 percent of a generic seal density value. E This abundance estimate is based on the total stock abundance (including animals in Canada). The NMFS stock abundance estimate for U.S. population is 27,911. Description of Proposed Mitigation, Monitoring and Reporting Measures The proposed mitigation, monitoring, and reporting measures included as requirements in this proposed IHA are identical to those included in the Federal Register notice announcing the issuance of the initial IHA (88 FR 47846, July 25, 2023) and the discussion of the least practicable adverse impact determination included in that document remains applicable and accurate. ddrumheller on DSK120RN23PROD with NOTICES1 Comments and Responses As noted previously, NMFS published a notice of a proposed IHA (88 FR 32735; May 22, 2023) and solicited public comments on both our proposal to issue the initial IHA for marine site characterization surveys off the coast of New York and New Jersey in the New York Bight and on the potential for a renewal IHA, should certain requirements be met. VerDate Sep<11>2014 19:21 Jul 16, 2024 Jkt 262001 All public comments were addressed in the notice announcing the issuance of the initial IHA (88 FR 47846, July 25, 2023). Below, we describe how we have addressed, with updated information where appropriate, any comments received that specifically pertain to the renewal of the 2024 IHA. Comment: Oceana raised objections to NMFS’ proposed renewal process for potential extension of the 1-year IHA with an abbreviated 15-day public comment period. Oceana recommended that an additional 30-day public comment period is necessary for any IHA renewal request. Response: NMFS’ IHA renewal process meets all statutory requirements. In prior responses to comments about IHA renewals (e.g., 84 FR 52464, October 2, 2019; 85 FR 53342, August 28, 2020), NMFS explained the IHA renewal process is consistent with the statutory requirements contained in section 101(a)(5)(D) of the MMPA, and further, promotes NMFS’ goals of PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 improving conservation of marine mammals and increasing efficiency in the MMPA compliance process. Therefore, we intend to continue to implement the existing renewal process. All IHAs issued, whether an initial IHA or a renewal, are valid for a period of not more than 1 year. The public has 30 days to comment on proposed IHAs, with a cumulative total of 45 days for IHA renewals. The notice of the proposed IHA published in the Federal Register on May 22, 2023 (88 FR 32735) provided a 30-day public comment period and made clear that NMFS was seeking comment on the proposed IHA and the potential issuance of an IHA renewal for this survey. As detailed in the Federal Register notice for the proposed IHA and on the agency’s website, eligibility for renewal is determined on a case-by-case basis, renewals are subject to an additional 15day public comment period, and the renewal is limited to up to another year of identical or nearly identical activities E:\FR\FM\17JYN1.SGM 17JYN1 ddrumheller on DSK120RN23PROD with NOTICES1 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices as described in the Description of Proposed Activities section of the proposed IHA notice or the activities described in the Description of Proposed Activities section of the proposed IHA notice would not be completed by the time the IHA expires and a renewal would allow for completion of the activities beyond that described in the Dates and Duration section of this notice. NMFS’ analysis of the anticipated impacts on marine mammals caused by the applicant’s activities covers both the initial IHA period and the possibility of a 1-year renewal. Therefore, a member of the public considering commenting on a proposed initial IHA also knows exactly what activities (or subset of activities) would be included in a proposed renewal IHA, the potential impacts of those activities, the maximum amount and type of take that could be caused by those activities, the mitigation and monitoring measures that would be required, and the basis for the agency’s negligible impact determinations, least practicable adverse impact findings, small numbers findings, and (if applicable) the no unmitigable adverse impact on subsistence use finding—all the information needed to provide complete and meaningful comments on a possible renewal at the time of considering the proposed initial IHA. Reviewers have the information needed to meaningfully comment on both the immediate proposed IHA and a possible 1-year renewal, should the IHA holder choose to request one. While there would be additional documents submitted with a renewal request, for a qualifying renewal these would be limited to documentation that NMFS would make available and use to verify that the activities are identical to those in the initial IHA, are nearly identical such that the changes would have either no effect on impacts to marine mammals or decrease those impacts, or are a subset of activities already analyzed and authorized but not completed under the initial IHA. NMFS would also need to confirm, among other things, that the activities would occur in the same location; involve the same species and stocks; provide for continuation of the same mitigation, monitoring, and reporting requirements; and that no new information has been received that would alter the prior analysis. The renewal request would also contain a preliminary monitoring report, in order to verify that effects from the activities do not indicate impacts of a scale or nature not previously analyzed. The additional 15day public comment period, which VerDate Sep<11>2014 19:21 Jul 16, 2024 Jkt 262001 includes NMFS’ direct notice to anyone who commented on the proposed initial IHA, provides the public an opportunity to review these few documents, provide any additional pertinent information, and comment on whether they think the criteria for a renewal have been met. Combined together, the 30-day public comment period on the initial IHA and the additional 15-day public comment period on the renewal of the same or nearly identical activities, provides the public with a total of 45 days to comment on the potential for renewal of the IHA. In addition to the IHA renewal process being consistent with all requirements under section 101(a)(5)(D) of the MMPA, it is also consistent with Congress’ intent for issuance of IHAs to the extent reflected in statements in the legislative history of the MMPA. Through the description of the process and express invitation to comment on specific potential renewals in the Request for Public Comments section of each proposed IHA, the description of the process on NMFS’ website, further elaboration on the process through responses to comments such as these, posting of substantive documents on the agency’s website, and provision of 30 or 45 days for public review and comment on all proposed initial IHAs and renewals respectively, NMFS has ensured that the public is ‘‘invited and encouraged to participate fully in the agency’s decision-making process,’’ as Congress intended. For more information, NMFS has published a description of the Renewal process on our website (available at https://www.fisheries.noaa.gov/ national/marine-mammal-protection/ incidental-harassment-authorizationrenewals). Preliminary Determinations NMFS proposes to authorize incidental take of small numbers of marine mammals from specified activities that are identical to those analyzed in the initial IHA and to require mitigation, monitoring, and reporting measures that are also identical to those in the initial IHA. The number of takes by Level B harassment proposed is equal to that authorized in the initial IHA. In the initial IHA, NMFS determined that IWO’s specified activities would have a negligible impact on the affected species and/or stocks and the authorized take for each stock would be small relative to individual stock abundance (less than one third). NMFS has preliminarily concluded that there is no new information suggesting that our analysis or findings PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 58127 should change from those reached for the initial IHA. This includes consideration of the estimated abundance of seven stocks decreasing/ increasing slightly. Specifically, NMFS is proposing to authorize six takes of North Atlantic right whales by Level B harassment only, and the impacts resulting from the project’s activities are neither reasonably expected nor reasonably likely to adversely affect the stock through effects on annual rates of recruitment or survival. Additionally, approximately 1.76 percent of the stock abundance is proposed for take by Level B harassment. 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 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) IWO’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. Endangered Species Act Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) requires that each Federal agency insure that any action it authorizes, funds, or carries out is not likely to jeopardize the continued existence of any endangered or threatened species or result in the destruction or adverse modification of designated critical habitat. To ensure ESA compliance for the issuance of IHAs, NMFS consults internally whenever we propose to authorize take for endangered or threatened species. NMFS’ Office of Protected Resources is proposing to authorize take of four species of marine mammals that are listed under the ESA (i.e., North Atlantic right whale, fin whale, sei whale, and sperm whale) and has determined these activities fall within the scope of activities analyzed in the NMFS GARFO programmatic consultation regarding geophysical surveys along the U.S. Atlantic coast in the 3 Atlantic renewable energy regions (completed June 29, 2021; revised September 2021). E:\FR\FM\17JYN1.SGM 17JYN1 58128 Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices Proposed Renewal IHA and Request for Public Comment As a result of these preliminary determinations, NMFS proposes to issue a renewal IHA to IWO for conducting marine site characterization with HRG surveys off the coast of New York and New Jersey in the New York Bight from July 31, 2024, through July 30, 2025, provided the previously described mitigation, monitoring, and reporting requirements are incorporated. A draft of the proposed and final initial IHA can be found at https:// www.fisheries.noaa.gov/permit/ incidental-take-authorizations-undermarine-mammal-protection-act. We request comment on our analyses, the proposed renewal IHA, and any other aspect of this notice. Please include with your comments any supporting data or literature citations to help inform our final decision on the request for MMPA authorization. Dated: July 12, 2024. Kimberly Damon-Randall, Director, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–15706 Filed 7–16–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [RTID 0648–XE079] Marine Mammals; File No. 28080 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice; receipt of application. AGENCY: Notice is hereby given that the Oregon Coast Aquarium, 2820 SE Ferry Slip Rd., Newport, Oregon 97365 (Responsible Party: James Burke), has applied in due form for a permit to import up to six Pacific harbor seals (Phoca vitulina richardsi) for public display. DATES: Written comments must be received on or before August 16, 2024. ADDRESSES: These documents are available upon written request via email to NMFS.Pr1Comments@noaa.gov. Written comments on this application should be submitted via email to NMFS.Pr1Comments@noaa.gov. Please include File No. 28080 in the subject line of the email comment. Those individuals requesting a public hearing should submit a written request via email to NMFS.Pr1Comments@ noaa.gov. The request should set forth ddrumheller on DSK120RN23PROD with NOTICES1 SUMMARY: VerDate Sep<11>2014 19:21 Jul 16, 2024 Jkt 262001 the specific reasons why a hearing on this application would be appropriate. FOR FURTHER INFORMATION CONTACT: Jennifer Skidmore or Courtney Smith, Ph.D., (301) 427–8401. SUPPLEMENTARY INFORMATION: The subject permit is requested under the authority of the Marine Mammal Protection Act of 1972, as amended (MMPA; 16 U.S.C. 1361 et seq.), the regulations governing the taking and importing of marine mammals (50 CFR part 216). The applicant is proposing to import up to six Pacific harbor seals (two males; four females; life-stages ranging from pup to adult) from the Vancouver Aquarium’s Marine Mammal Rescue Center, Vancouver, British Columbia, Canada, for public display purposes at the Oregon Coast Aquarium. In all cases, the seals to be imported will be nonreleasable, rehabilitated seals that were found ill and stranded or abandoned within British Columbia, Canada, and deemed non-releasable to the wild. The requested duration of the permit is 5 years. In compliance with the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), an initial determination has been made that the activity proposed is categorically excluded from the requirement to prepare an environmental assessment or environmental impact statement. Concurrent with the publication of this notice in the Federal Register, NMFS is forwarding copies of the application to the Marine Mammal Commission and its Committee of Scientific Advisors. Dated: July 10, 2024. Amy Sloan, Acting Chief, Permits and Conservation Division, Office of Protected Resources, National Marine Fisheries Service. [FR Doc. 2024–15698 Filed 7–16–24; 8:45 am] BILLING CODE 3510–22–P DEPARTMENT OF COMMERCE Patent and Trademark Office [Docket No.: PTO–P–2024–0026] 2024 Guidance Update on Patent Subject Matter Eligibility, Including on Artificial Intelligence Patent and Trademark Office, Department of Commerce. ACTION: Examination guidance. AGENCY: In accordance with Executive Order 14110 on the ‘‘Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence’’ (October 30, SUMMARY: PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 2023) (Executive Order), the United States Patent and Trademark Office (USPTO) is issuing a guidance update on patent subject matter eligibility to address innovation in critical and emerging technologies (ET), especially artificial intelligence (AI). This guidance update will assist USPTO personnel and stakeholders in evaluating the subject matter eligibility of claims in patent applications and patents involving inventions related to AI technology (AI inventions). This update also announces a new set of examples that are intended to assist USPTO personnel in applying the USPTO’s subject matter eligibility guidance to AI inventions during patent examination, appeal, and post-grant proceedings. In addition to addressing issues especially relevant to AI inventions, this guidance update addresses feedback from our stakeholders and includes discussions of recent Federal Circuit decisions on patent subject matter eligibility. This guidance update, together with the guidance provided in the Manual of Patent Examining Procedure (MPEP), is to be used by USPTO personnel when applying subject matter eligibility law. DATES: Applicability date: This guidance is effective on July 17, 2024. Comment deadline date: Written comments must be received on or before September 16, 2024. ADDRESSES: Comments must be submitted through the Federal eRulemaking Portal at www.regulations.gov. To submit comments via the portal, enter docket number PTO–P–2024–0026 on the homepage and select ‘‘Search.’’ The site will provide a search results page listing all documents associated with this docket. Find a reference to this document and select the ‘‘Comment’’ icon, complete the required fields, and enter or attach your comments. Attachments to electronic comments will be accepted in Adobe® portable document format (PDF) or Microsoft Word® format. Because comments will be made available for public inspection, information that the submitter does not desire to make public, such as an address or phone number, should not be included in the comments. Visit the Federal eRulemaking Portal for additional instructions on providing comments via the portal. If electronic submission of comments is not feasible due to a lack of access to a computer and/or the internet, please contact the USPTO using the contact information below for special instructions. FOR FURTHER INFORMATION CONTACT: Carolyn Kosowski, Senior Legal E:\FR\FM\17JYN1.SGM 17JYN1

Agencies

[Federal Register Volume 89, Number 137 (Wednesday, July 17, 2024)]
[Notices]
[Pages 58124-58128]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-15706]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE042]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Invenergy Wind Offshore, LLC's 
Marine Site Characterization Surveys in the New York Bight

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Notice; proposed incidental harassment authorization renewal; 
request for comments on proposed authorization.

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SUMMARY: NMFS received a request from Invenergy Wind Offshore, LLC 
(IWO) for the renewal of their currently active incidental harassment 
authorization (IHA) (hereinafter, the ``initial IHA'') to take marine 
mammals incidental to marine site characterization surveys 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 (OCS) Lease Area OCS-A 0542 
(Lease Area) and associated Export Cable Route (ECR) survey area (ECR 
Area) . IWO's specified activities are identical to those included in 
the initial IHA. The initial IHA expires on July 30, 2024. Pursuant to 
the Marine Mammal Protection Act, prior to issuing the initial IHA, 
NMFS requested comments on both the proposed IHA and the potential for 
renewing the initial authorization if certain requirements were 
satisfied. The renewal requirements have been satisfied, and NMFS is 
now providing an additional 15-day comment period to allow for any 
additional comments on the proposed renewal not previously provided 
during the initial 30-day comment period.

DATES: Comments and information must be received no later than August 
1, 2024.

ADDRESSES: Comments should be addressed to Jolie Harrison, Chief, 
Permits and Conservation Division, Office of Protected Resources, 
National Marine Fisheries Service, and should be submitted via email to 
[email protected].
    Instructions: NMFS is not responsible for comments sent by any 
other method, to any other address or individual, or received after the 
end of the comment period. Comments, including all attachments, must 
not exceed a 25-megabyte file size. Attachments to comments will be 
accepted in Microsoft Word, Excel or Adobe PDF file formats only. All 
comments received are a part of the public record and will generally be 
posted online at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act without change. All 
personal identifying information (e.g., name, address) voluntarily 
submitted by the commenter may be publicly accessible. Do not submit 
confidential business information or otherwise sensitive or protected 
information.
    Electronic copies of the initial IHA application, renewal request, 
and supporting documents, including Federal Register notices of the 
initial proposed and final IHA, the initial IHA, and a list of the 
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of 
problems accessing these documents, please call the contact listed 
below.

FOR FURTHER INFORMATION CONTACT: Austin Demarest, 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). 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 216.3; 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 one 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 of an 
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:
    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

[[Page 58125]]

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); and
     A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized; and
    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. 
Any comments received on the potential renewal, along with relevant 
comments on the initial IHA, have been considered in the development of 
this proposed IHA renewal and a summary of agency responses to 
applicable comments is included in this notice. NMFS will consider any 
additional public comments prior to making any final decision on the 
issuance of the requested renewal, and agency responses will be 
summarized in the final notice of our decision.

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 to be categorically excluded from further NEPA 
review. NMFS has preliminarily determined that the application of this 
categorical exclusion remains appropriate for this renewal IHA.

History of Request

    On July 19, 2023, NMFS issued the initial IHA to IWO to take small 
numbers of marine mammals incidental to site characterization surveys 
off the coast of New York and New Jersey in the New York Bight (88 FR 
47846, July 25, 2023), effective from July 31, 2023 through July 30, 
2024. On May 3, 2024, NMFS received a request for the renewal of the 
initial IHA, which was deemed adequate and complete on May 24, 2024. As 
described in the application for renewal IHA, the specified activities 
for which incidental take is requested are identical to those included 
in the initial authorization. As required, IWO provided a preliminary 
monitoring report, which shows that it has implemented the required 
mitigation and monitoring measures and no impacts of a scale or nature 
not previously analyzed or authorized have occurred as a result of the 
activities conducted.

Description of the Specified Activities and Anticipated Impacts

    IWO requested to conduct an additional year of marine site 
characterization surveys with high-resolution geophysical (HRG) surveys 
and geotechnical sampling from July 31, 2024 through July 30, 2025. 
Only HRG surveys are expected to have the potential to cause incidental 
take of small numbers of marine mammals. The survey will consist of up 
to 12,818 km of trackline in waters off the coast of New Jersey and New 
York in the New York Bight, which is within the Bureau of Ocean Energy 
Management (BOEM) lease area OCS-A 0542 and the associated Export Cable 
Route (ECR) Area. Hereafter, both the areas are referred to as the 
Survey Area.
    The purpose of IWO's proposed surveys is to provide sufficient data 
to meet BOEM guidelines and support the development of offshore wind 
facilities in the Survey Area. Specifically, data collected would 
support site characterization, siting, and engineering design of 
offshore wind facilities including turbine generators, offshore 
substations, submarine cables and data necessary for project review 
requirements. IWO will have a maximum of 3 vessels surveying 
concurrently. Underwater sounds produced from sparkers and boomers 
during IWO's surveys has the potential to result in Level B harassment 
of 15 species and 16 stocks of marine mammals. Activities proposed for 
the IHA renewal are identical in scope, effort, potential harassment to 
marine mammals, and mitigation measures as the final proposed IHA (88 
FR 47846, July 25, 2023).

Detailed Description of the Activity

    A detailed description of the surveys for which incidental take is 
proposed here may be found in the Federal Register Notices of the 
initial Proposed IHA (88 FR 32735, May 22, 2023). The location, 
duration, and nature of the activities, including the types of 
equipment planned for use, are identical to those described in the 
previous notices. The proposed renewal would be effective for a period 
not exceeding 1 year from July 30, 2024.

Description of Marine Mammals

    A description of the marine mammals in the area of the activities 
for which authorization of take is proposed here, including information 
on abundance, status, distribution, and hearing, may be found in the 
Federal Register notice of the proposed IHAs (88 FR 32735, May 22, 
2023) for the initial IHA. NMFS has reviewed the monitoring data from 
the initial IHA, the draft 2023 SARs, which included updates to certain 
stock abundances since the initial IHA was issued, information on 
relevant unusual mortality events (UME), and other scientific 
literature. The draft 2023 SAR updated the population estimate 
(Nbest) of North Atlantic right whales from 338 to 340 and 
annual mortality and serious injury from 31.2 to 27.2. The updated 
population estimate in the draft 2023 SAR is based upon sighting 
history through December 2021 (89 FR 5495, January 29, 2024). Total 
annual average observed North Atlantic right whale mortality during the 
period 2017-2021 was 7.1 animals and annual average observed fishery 
mortality was 4.6 animals, however, estimates of 27.2 total mortality 
and 17.6 fishery mortality account for undetected mortality and serious 
injury (89 FR 5495, January 29, 2024). 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).
    The population estimates (Nbest) also increased for the 
North Atlantic stock of sperm whales, the Western North Atlantic 
Offshore stock of common bottlenose dolphins, Western North Atlantic 
stocks of Risso's dolphins, Atlantic spotted dolphins, and gray seals. 
However, abundance estimates slightly decreased for the Western North

[[Page 58126]]

Atlantic stocks of common dolphins and harbor porpoises. NMFS has 
determined there is no new information that affects which species or 
stocks have the potential to be affected or the pertinent information 
in the Description of the Marine Mammals in the Area of Specified 
Activities contained in the supporting documents for the initial IHA.

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 an IHA is 
proposed here may be found in the Notice of the proposed IHA (88 FR 
32735, May 22, 2023) for the initial IHA. NMFS has reviewed the 
monitoring data from the initial IHA, recent draft stock assessment 
reports, information on relevant UMEs and other scientific literature 
and determined that there is no new information that 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 Federal Register 
Notice of the Final IHA (88 FR 47846, July 25, 2023) for the initial 
IHA. Specifically, the source levels, days of operation, and marine 
mammal density/occurrence data applicable to this authorization remain 
unchanged from the initial IHA. Similarly, the stocks taken, methods of 
take, and type of take remain unchanged from the initial IHA, as do the 
number of takes, which are indicated below in table 1.

                  Table 1--Estimated Take Number and Total Proposed Take by Level B Harassment
----------------------------------------------------------------------------------------------------------------
                                        Ensonified
               Species                     area         Density       Estimated     Total take      Percent of
                                         (km\2\)    (animals/km\2\)      take       authorized       abundance
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale...........        3,615         0.001748            6               6        \A\ 1.76
Humpback whale.......................        3,615         0.003657           13              13            0.93
Fin whale............................        3,615         0.004856           18              18            0.26
Sei whale............................        3,615         0.001813            7               7            0.11
Minke whale..........................        3,615         0.025476           92              92            0.42
Sperm whale..........................        3,615         0.000371            1               2        \A\ 0.03
Risso's dolphin......................        3,615         0.002841           10              10        \A\ 0.02
Long-finned pilot whale..............        3,615         0.003363           12              15            0.03
Atlantic white-sided dolphin.........        3,615         0.027836          101             101            0.11
Common dolphin.......................        3,615         0.245719          888             888        \A\ 0.95
Atlantic spotted dolphin.............        3,615         0.011683           42              42        \A\ 0.13
Harbor porpoise......................        3,615         0.262904          950             950        \A\ 1.11
Common bottlenose dolphin (Offshore          3,164         0.193127          611             611        \A\ 0.95
 Stock) \B\..........................
Common bottlenose dolphin (Northern            452         1.758553          795             795           11.97
 Migratory Coastal Stock) \C\........
Gray seal............................        3,615     \D\ 0.262904          950             950        A E 0.26
Harbor seal..........................        3,615     \D\ 0.262904          950             950            1.55
----------------------------------------------------------------------------------------------------------------
Note: Take request based on average group size using sightings data from (CETAP, 1982, Palka et al., 2017, Palka
  et al., 2021) (see Attachment 3 of the application for the initial IHA).
\A\ Based on the 2023 draft marine mammal stock assessment reports (SAR).
\B\ The ensonified area for the offshore stock is for greater than 20 m water depth includes all the lease area
  and portions of the ECR.
\C\ The ensonified area for the migratory coastal stock is only the areas of less than 20 m water depth (found
  only in portions of the ECR).
\D\ These each represent 50 percent of a generic seal density value.
\E\ This abundance estimate is based on the total stock abundance (including animals in Canada). The NMFS stock
  abundance estimate for U.S. population is 27,911.

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this proposed IHA are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (88 FR 47846, July 25, 2023) and the discussion of the 
least practicable adverse impact determination included in that 
document remains applicable and accurate.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (88 
FR 32735; May 22, 2023) and solicited public comments on both our 
proposal to issue the initial IHA for marine site characterization 
surveys off the coast of New York and New Jersey in the New York Bight 
and on the potential for a renewal IHA, should certain requirements be 
met.
    All public comments were addressed in the notice announcing the 
issuance of the initial IHA (88 FR 47846, July 25, 2023). Below, we 
describe how we have addressed, with updated information where 
appropriate, any comments received that specifically pertain to the 
renewal of the 2024 IHA.
    Comment: Oceana raised objections to NMFS' proposed renewal process 
for potential extension of the 1-year IHA with an abbreviated 15-day 
public comment period. Oceana recommended that an additional 30-day 
public comment period is necessary for any IHA renewal request.
    Response: NMFS' IHA renewal process meets all statutory 
requirements. In prior responses to comments about IHA renewals (e.g., 
84 FR 52464, October 2, 2019; 85 FR 53342, August 28, 2020), NMFS 
explained the IHA renewal process is consistent with the statutory 
requirements contained in section 101(a)(5)(D) of the MMPA, and 
further, promotes NMFS' goals of improving conservation of marine 
mammals and increasing efficiency in the MMPA compliance process. 
Therefore, we intend to continue to implement the existing renewal 
process.
    All IHAs issued, whether an initial IHA or a renewal, are valid for 
a period of not more than 1 year. The public has 30 days to comment on 
proposed IHAs, with a cumulative total of 45 days for IHA renewals. The 
notice of the proposed IHA published in the Federal Register on May 22, 
2023 (88 FR 32735) provided a 30-day public comment period and made 
clear that NMFS was seeking comment on the proposed IHA and the 
potential issuance of an IHA renewal for this survey. As detailed in 
the Federal Register notice for the proposed IHA and on the agency's 
website, eligibility for renewal is determined on a case-by-case basis, 
renewals are subject to an additional 15-day public comment period, and 
the renewal is limited to up to another year of identical or nearly 
identical activities

[[Page 58127]]

as described in the Description of Proposed Activities section of the 
proposed IHA notice or the activities described in the Description of 
Proposed Activities section of the proposed IHA notice would not be 
completed by the time the IHA expires and a renewal would allow for 
completion of the activities beyond that described in the Dates and 
Duration section of this notice. NMFS' analysis of the anticipated 
impacts on marine mammals caused by the applicant's activities covers 
both the initial IHA period and the possibility of a 1-year renewal. 
Therefore, a member of the public considering commenting on a proposed 
initial IHA also knows exactly what activities (or subset of 
activities) would be included in a proposed renewal IHA, the potential 
impacts of those activities, the maximum amount and type of take that 
could be caused by those activities, the mitigation and monitoring 
measures that would be required, and the basis for the agency's 
negligible impact determinations, least practicable adverse impact 
findings, small numbers findings, and (if applicable) the no 
unmitigable adverse impact on subsistence use finding--all the 
information needed to provide complete and meaningful comments on a 
possible renewal at the time of considering the proposed initial IHA. 
Reviewers have the information needed to meaningfully comment on both 
the immediate proposed IHA and a possible 1-year renewal, should the 
IHA holder choose to request one.
    While there would be additional documents submitted with a renewal 
request, for a qualifying renewal these would be limited to 
documentation that NMFS would make available and use to verify that the 
activities are identical to those in the initial IHA, are nearly 
identical such that the changes would have either no effect on impacts 
to marine mammals or decrease those impacts, or are a subset of 
activities already analyzed and authorized but not completed under the 
initial IHA. NMFS would also need to confirm, among other things, that 
the activities would occur in the same location; involve the same 
species and stocks; provide for continuation of the same mitigation, 
monitoring, and reporting requirements; and that no new information has 
been received that would alter the prior analysis. The renewal request 
would also contain a preliminary monitoring report, in order to verify 
that effects from the activities do not indicate impacts of a scale or 
nature not previously analyzed. The additional 15- day public comment 
period, which includes NMFS' direct notice to anyone who commented on 
the proposed initial IHA, provides the public an opportunity to review 
these few documents, provide any additional pertinent information, and 
comment on whether they think the criteria for a renewal have been met. 
Combined together, the 30-day public comment period on the initial IHA 
and the additional 15-day public comment period on the renewal of the 
same or nearly identical activities, provides the public with a total 
of 45 days to comment on the potential for renewal of the IHA.
    In addition to the IHA renewal process being consistent with all 
requirements under section 101(a)(5)(D) of the MMPA, it is also 
consistent with Congress' intent for issuance of IHAs to the extent 
reflected in statements in the legislative history of the MMPA. Through 
the description of the process and express invitation to comment on 
specific potential renewals in the Request for Public Comments section 
of each proposed IHA, the description of the process on NMFS' website, 
further elaboration on the process through responses to comments such 
as these, posting of substantive documents on the agency's website, and 
provision of 30 or 45 days for public review and comment on all 
proposed initial IHAs and renewals respectively, NMFS has ensured that 
the public is ``invited and encouraged to participate fully in the 
agency's decision-making process,'' as Congress intended.
    For more information, NMFS has published a description of the 
Renewal process on our website (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals).

Preliminary Determinations

    NMFS proposes to authorize incidental take of small numbers of 
marine mammals from specified activities that are identical to those 
analyzed in the initial IHA and to require mitigation, monitoring, and 
reporting measures that are also identical to those in the initial IHA. 
The number of takes by Level B harassment proposed is equal to that 
authorized in the initial IHA. In the initial IHA, NMFS determined that 
IWO's specified activities would have a negligible impact on the 
affected species and/or stocks and the authorized take for each stock 
would be small relative to individual stock abundance (less than one 
third).
    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. This includes consideration of the 
estimated abundance of seven stocks decreasing/increasing slightly. 
Specifically, NMFS is proposing to authorize six takes of North 
Atlantic right whales by Level B harassment only, and the impacts 
resulting from the project's activities are neither reasonably expected 
nor reasonably likely to adversely affect the stock through effects on 
annual rates of recruitment or survival. Additionally, approximately 
1.76 percent of the stock abundance is proposed for take by Level B 
harassment.
    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 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) IWO'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.

Endangered Species Act

    Section 7(a)(2) of the Endangered Species Act of 1973 (16 U.S.C. 
1531 et seq.) requires that each Federal agency insure that any action 
it authorizes, funds, or carries out is not likely to jeopardize the 
continued existence of any endangered or threatened species or result 
in the destruction or adverse modification of designated critical 
habitat. To ensure ESA compliance for the issuance of IHAs, NMFS 
consults internally whenever we propose to authorize take for 
endangered or threatened species.
    NMFS' Office of Protected Resources is proposing to authorize take 
of four species of marine mammals that are listed under the ESA (i.e., 
North Atlantic right whale, fin whale, sei whale, and sperm whale) and 
has determined these activities fall within the scope of activities 
analyzed in the NMFS GARFO programmatic consultation regarding 
geophysical surveys along the U.S. Atlantic coast in the 3 Atlantic 
renewable energy regions (completed June 29, 2021; revised September 
2021).

[[Page 58128]]

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to IWO for conducting marine site characterization 
with HRG surveys off the coast of New York and New Jersey in the New 
York Bight from July 31, 2024, through July 30, 2025, provided the 
previously described mitigation, monitoring, and reporting requirements 
are incorporated. A draft of the proposed and final initial IHA can be 
found at https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. We request comment 
on our analyses, the proposed renewal IHA, and any other aspect of this 
notice. Please include with your comments any supporting data or 
literature citations to help inform our final decision on the request 
for MMPA authorization.

    Dated: July 12, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-15706 Filed 7-16-24; 8:45 am]
BILLING CODE 3510-22-P


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