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]
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Federal Register / Vol. 89, No. 137 / Wednesday, July 17, 2024 / Notices
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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,
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to any other address or individual, or
received after the end of the comment
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comments will be accepted in Microsoft
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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
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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.
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DATES:
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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
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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.
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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
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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
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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.
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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.
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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
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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
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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
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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
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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).
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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
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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
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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.
-----------------------------------------------------------------------
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