Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Site Characterization Surveys Offshore From Massachusetts to New Jersey for Vineyard Northeast, LLC, 61088-61096 [2024-16734]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 146 (Tuesday, July 30, 2024)]
[Notices]
[Pages 61088-61096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-16734]



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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE095]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Site Characterization Surveys 
Offshore From Massachusetts to New Jersey for Vineyard Northeast, LLC

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA) as amended, notification is hereby given 
that NMFS has issued a renewal incidental harassment authorization 
(IHA) to Vineyard Northeast, LLC (Vineyard Northeast) to incidentally 
harass marine mammals incidental to marine site characterization 
surveys offshore from Massachusetts to New Jersey in the Bureau of 
Ocean Energy Management (BOEM) Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf Lease Areas 
OCS-A 0522 and OCS-A 0544 (Lease Areas) and associated offshore export 
cable corridor (OECC) routes.

DATES: This renewal IHA is effective from July 27, 2024, through July 
26, 2025.

ADDRESSES: Electronic copies of the original application, renewal 
request, and supporting documents (including NMFS Federal Register 
notices of the original proposed and final authorizations, and the 
previous IHA), as well as a list of the references cited in this 
document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of problems accessing these 
documents, see FOR FURTHER INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Jessica Taylor, Office of Protected 
Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION: 

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are issued or, if the taking is limited to harassment, an IHA is 
issued.
    Authorization for incidental takings shall be granted if NMFS finds 
the taking will have a negligible impact on the species or stock(s) and 
will not have an unmitigable adverse impact on the availability of the 
species or stock(s) for taking for subsistence uses (where relevant). 
Further, NMFS must prescribe the permissible methods of taking and 
other ``means of effecting the least practicable adverse impact'' on 
the affected species or stocks and their habitat, paying particular 
attention to rookeries, mating grounds, and areas of similar 
significance, and on the availability of such species or stocks for 
taking for certain subsistence uses (referred to here as ``mitigation 
measures''). Monitoring and reporting of such takings are also 
required. The meaning of key terms such as ``take,'' ``harassment,'' 
and ``negligible impact'' can be found in section 3 of the MMPA (16 
U.S.C. 1362) and the agency's regulations at 50 CFR 216.103.
    NMFS' regulations implementing the MMPA at 50 CFR 216.107(e) 
indicate that IHAs may be renewed for additional periods of time not to 
exceed 1 year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year 
renewal IHA following notice to the public providing an additional 15 
days for public comments when (1) up to another year of identical, or 
nearly identical, activities as described in the Detailed Description 
of Specified Activities section of the initial IHA issuance notice is 
planned or (2) the activities as described in the Description of the 
Specified Activities and Anticipated Impacts section of the initial IHA 
issuance notice would not be completed by the time the initial IHA 
expires and a renewal would allow for completion of the activities 
beyond that described in the DATES section of the notice of issuance of 
the initial IHA, provided all of the following conditions are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal IHA effective date (recognizing that the renewal IHA 
expiration date cannot extend beyond 1 year from expiration of the 
initial IHA).
    2. The request for renewal must include the following:
     An explanation that the activities to be conducted under 
the requested renewal IHA are identical to the activities analyzed 
under the initial IHA, are a subset of the activities, or include 
changes so minor (e.g., reduced effort) that the changes do not affect 
the previous analyses, mitigation and monitoring requirements, or take 
estimates (with the exception of reducing the type or amount of take).
     A preliminary monitoring report showing the results of the 
required monitoring to date and an explanation showing that the 
monitoring results do not indicate impacts of a scale or nature not 
previously analyzed or authorized.
    Upon review of the request for renewal, the status of the affected 
species or stocks, and any other pertinent information, NMFS determines 
that there are no more than minor changes in the activities, the 
mitigation and monitoring measures will remain the same and 
appropriate, and the findings in the initial IHA remain valid.
    An additional public comment period of 15 days (for a total of 45 
days), with direct notice by email, phone, or postal service to 
commenters on the initial IHA, is provided to allow for any additional 
comments on the proposed renewal. A description of the renewal process 
may be found on our website at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals.

History of Request

    On July 27, 2022, NMFS issued an IHA (hereafter, referred to as the 
2022 IHA) to Vineyard Northeast to take marine mammals incidental to 
marine site characterization surveys offshore from Massachusetts to New 
Jersey, in the Lease Areas and potential OECC routes to landfall 
locations, effective from July 27, 2022, through July 26, 2023 (87 FR 
52913, August 30, 2022). On April 23, 2023, NMFS received a request 
from Vineyard Northeast to issue an IHA to take marine mammals 
incidental to continued marine site characterization surveys offshore 
from Massachusetts to New Jersey, in the BOEM Lease Areas and potential 
OECC routes. Although the IHA renewal requirements were otherwise 
satisfied, NMFS determined that the availability of updated marine 
mammal density data (Roberts et al., 2023), upon which the

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take estimates were based, for all species in the Project Area 
warranted updated analysis and, therefore, the issuance of a new IHA 
(hereafter, referred to as the 2023 IHA) instead of a renewal IHA, as 
described in the Federal Register notice for the proposed 2023 IHA (88 
FR 40212, June 21, 2023). The 2023 IHA, i.e., the initial IHA was 
issued to Vineyard Northeast with effective dates of July 27, 2023 
through July 26, 2024 (88 FR 50117, August 1, 2023).
    On April 29, 2024, NMFS received a request from Vineyard Northeast 
for the renewal of the 2023 IHA. Due to unanticipated delays, Vineyard 
Northeast will not be able to complete the surveys before the 
expiration date of the 2023 IHA. The activities for which incidental 
take was requested consisted of a subset of the identical activities 
associated with the 2023 IHA. As required, Vineyard Northeast also 
provided a preliminary monitoring report, which demonstrated that they 
implemented the required marine mammal mitigation and monitoring and 
did not exceed the levels of take authorized under the 2023 IHA. These 
monitoring results are available to the public on our website: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. The notice of 
the proposed renewal IHA was published for public comment on June 18, 
2024 (89 FR 51501).

Description of the Specified Activity and Anticipated Impacts

    Vineyard Northeast's 2023 IHA authorized take of marine mammals 
incidental to marine site characterization surveys, including high-
resolution geophysical (HRG) surveys, offshore from Massachusetts to 
southern New Jersey, specifically within the Lease Areas and along 
potential submarine OECCs. The purpose of these surveys are to obtain 
an assessment of seabed (geophysical, geotechnical, and geohazard), 
ecological, and archeological conditions within the footprint of the 
planned offshore wind facility development area. Surveys are also 
conducted to inform and support engineering design and to map 
unexploded ordnance. While actively surveying, the vessel operates at a 
maximum speed of 4 knots (4.6 miles per hour (mph) or 7.4 kilometers 
per hour (km/h)). Vineyard Northeast's 2023 survey plan included 37,360 
km of track line over 467 planned survey days. However Vineyard 
Northeast actually completed only 860 km of track line over 11 survey 
days prior to the request for renewal, representing approximately 2 
percent of the total planned survey effort.
    Under the renewal IHA, Vineyard Northeast plans to continue to 
conduct survey activities over the remaining approximately 36,500 km of 
track line that was not completed in 2023. These surveys will be 
conducted over up to approximately 456 survey days using a maximum of 
four vessels operating concurrently within the Lease Areas and OECCs. A 
``survey day'' is defined as a 24-hour (hr) activity period in which 
active HRG acoustic sources are used. This schedule is inclusive of any 
inclement weather downtime and crew transfers. The number of survey 
days is calculated as the number of days needed to reach the overall 
level of effort required to meet survey objectives assuming any single 
vessel covers, on average, 80 km (49.7 miles) of survey track line per 
24 hours of operations.
    The potential impacts of Vineyard Northeast's planned activities on 
marine mammals involve potential acoustic stressors and are unchanged 
from the impacts described in the Federal Register notice for the 
proposed 2023 IHA (88 FR 40212, June 21, 2023), which relies upon 
information in the notice of the proposed 2022 IHA (87 FR 30872, May 
20, 2022). Underwater sound, resulting from particular components of 
Vineyard Northeast's HRG survey activities, has the potential to result 
in incidental take of marine mammals, in the form of Level B harassment 
only, in the specified geographic region.
    This renewal IHA is for the remainder of work that will not be 
completed by the expiration date of the 2023 IHA. The renewal IHA 
authorizes incidental take, by Level B harassment, only of 19 species 
(comprising 20 stocks) of marine mammals for a subset of marine site 
characterization survey activities to be completed in 1 year, in the 
same area, using survey methods identical to those conducted under the 
2023 IHA. Neither Vineyard Northeast nor NMFS expect serious injury or 
mortality to result from this activity and, therefore, an IHA is 
appropriate. Take by Level A harassment (injury) is unlikely, even 
absent mitigation, based on the characteristics of the signals produced 
by the acoustic sources planned for use. Therefore, the anticipated 
effects on marine mammals and the affected stocks also remain the same. 
All mitigation, monitoring, and reporting measures would remain exactly 
as described in the Federal Register notice for the issued 2023 IHA (88 
FR 50117, August 1, 2023) and the notice of the proposed 2022 IHA (87 
FR 52913, August 30, 2022).

Detailed Description of the Activity

    A detailed description of the marine site characterization survey 
activities for which incidental take is authorized here may be found in 
the Federal Register notice of the proposed 2023 IHA (88 FR 40212, June 
21, 2023), which relies upon information in the notice of the proposed 
2022 IHA (87 FR 30872, May 20, 2022). The specific geographic region 
and specified activities, including the types of survey equipment and 
number of survey vessels planned for use, are identical to those 
described in the previous notices, with the exception of the reduction 
in the size of the survey area since a small subset of the survey work 
planned under the 2022 IHA was completed. The renewal would be 
effective for a period not exceeding 1 year from the date of expiration 
of the initial IHA.

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to Vineyard 
Northeast was published in the Federal Register on June 18, 2024 (89 FR 
51501). That notice either described, or referenced descriptions of, 
Vineyard Northeast's survey activity, the marine mammal species that 
may be affected by the activity, the anticipated effects on marine 
mammals and their habitat, estimated amount and manner of take, and 
proposed mitigation, monitoring and reporting measures.
    During the 15-day public comment period, NMFS received 4 public 
comment letters from three individuals and one from a non-governmental 
organization (NGO), Clean Ocean Action (COA). NMFS has reviewed all 
public comments received on the Vineyard Northeast HRG renewal IHA. All 
relevant, substantive comments, and NMFS' responses, are provided 
below. Comments indicating general support for or opposition to 
offshore wind construction or impacts to other non-marine mammal 
species, except inasmuch as they may be relevant to impacts to marine 
mammal prey, are not relevant to the proposed action and therefore were 
not considered and are not addressed here. The comments and 
recommendations are available online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. Please see the 
comment submissions for full details regarding the recommendations and 
supporting rationale.
    Comment 1: A commenter recommended that NMFS increase the

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size of all pre-start clearance, separation, and shutdown zones to 500 
meters (m) for all ESA-listed baleen whales.
    Response: NMFS does not concur with this recommendation, and does 
not adopt it. The NMFS Greater Atlantic Regional Fisheries Office 
(GARFO) 2021 Offshore Wind Site Assessment Survey Programmatic ESA 
consultation (see https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation) determined that a 500-m shutdown 
zone for North Atlantic right whales or unidentified large whales and a 
100-m shutdown zone for all other ESA-listed whales is sufficient to 
minimize exposure to noise from HRG acoustic sources that could be 
disturbing. Accordingly, NMFS has adopted this shutdown zone size for 
all baleen whale species, other than the North Atlantic right whale. 
The commenter does not provide additional scientific information for 
NMFS to consider to support the recommendation to expand the shutdown 
zone for baleen whales. Given that these surveys are relatively low 
impact, NMFS has determined that an increase in the size of the 
shutdown zone for ESA-listed baleen whales (excluding North Atlantic 
right whales) during HRG surveys is not warranted, and the commenter 
provides no evidence to the contrary.
    Comment 2: Several commenters expressed general concern for North 
Atlantic right whales and impacts from the proposed survey activities, 
and specifically concern that the proposed renewal IHA and its 
associated specified activities would lead to mortality (death) of 
marine mammals.
    Response: NMFS appreciates the commenters' general concern for 
North Atlantic right whales. NMFS emphasizes that there is no credible 
scientific evidence available suggesting that mortality and/or serious 
injury or Level A harassment is a potential outcome of the planned 
survey activity. NMFS notes there have never been reports of any 
serious injuries or mortalities of any marine mammal associated with 
site characterization surveys. The best available science indicates 
that Level B harassment, or disruption of behavioral patterns, may 
occur as a result of Vineyard Northeast's specified activities. We also 
refer to the GARFO 2021 Programmatic Consultation, which finds that 
these survey activities are in general not likely to adversely affect 
marine mammal species listed under the ESA (i.e., GARFO's analysis 
conducted pursuant to the ESA finds that marine mammals are not likely 
to be taken at all (as that term is defined under the ESA), much less 
be taken by serious injury or mortality). That document is found at: 
https://www.fisheries.noaa.gov/new-england-mid-atlantic/consultations/section-7-take-reporting-programmatics-greater-atlantic#offshore-wind-site-assessment-and-site-characterization-activities-programmatic-consultation. Additionally, NMFS cannot authorize mortality or serious 
injury via an IHA, and such taking is prohibited under Condition 3(c) 
of the IHA and may result in modification, suspension, or revocation of 
the IHA. The impacts of Level B harassment (i.e., behavioral 
disturbance) are expected to have a negligible impact on the North 
Atlantic right whale population as well as other potentially impacted 
marine mammal populations. NMFS has made the required findings based on 
the best scientific information available and has included mitigation 
measures to effect the least practicable adverse impact on North 
Atlantic right whales and other potentially impacted marine mammals.
    Comment 3: A commenter claims that NMFS should be required to 
conduct further NEPA analysis for the project, considering the 
cumulative effects of the proposed IHA relative to other authorized 
takes in the area and adjust permitted activities accordingly. The 
commenter further indicated that NMFS does not justify why 
extraordinary circumstances do not apply and indicates that lack of 
this justification warrants NEPA analysis further than a Categorical 
Exclusion.
    Response: NMFS does not agree with the commenter. A CE is a 
category of actions that an agency has determined does not individually 
or cumulatively have a significant effect on the quality of the human 
environment, and is appropriately applied for such categories of 
actions so long as there are no extraordinary circumstances present 
that would indicate that the effects of the action may be significant. 
Extraordinary circumstances are situations for which NOAA has 
determined further NEPA analysis is required because they are 
circumstances in which a normally excluded action may have significant 
effects. A determination of whether an action that is normally excluded 
requires additional evaluation because of extraordinary circumstances 
focuses on the action's potential effects and considers the 
significance of those effects in terms of both context (consideration 
of the affected region, interests, and resources) and intensity 
(severity of impacts). Potential extraordinary circumstances relevant 
to this action include (1) adverse effects on species or habitats 
protected by the MMPA that are not negligible; (2) highly controversial 
environmental effects; (3) environmental effects that are uncertain, 
unique, or unknown; and (4) the potential for significant cumulative 
impacts when the proposed action is combined with other past, present, 
and reasonably foreseeable future actions.
    The relevant NOAA CE associated with issuance of incidental take 
authorizations is CE B4, ``Issuance of incidental harassment 
authorizations under section 101(a)(5)(A) and (D) of the MMPA for the 
incidental, but not intentional, take by harassment of marine mammals 
during specified activities and for which no serious injury or 
mortality is anticipated.'' This action falls within CE B4. In 
determining whether a CE is appropriate for a given incidental take 
authorization, NMFS considers the applicant's specified activity and 
the potential extent and magnitude of takes of marine mammals 
associated with that activity along with the extraordinary 
circumstances listed in the Companion Manual for NOAA Administrative 
Order (NAO) 216-6A and summarized above.
    The issuance of this IHA will not result in highly controversial 
environmental effects or result in environmental effects that are 
uncertain, unique, or unknown because numerous entities have been 
engaged in site characterization surveys that result in Level B 
harassment of marine mammals in the United States. This type of 
activity is well documented; prior authorizations and analysis 
demonstrate issuance of an IHA for this type of action only affects the 
marine mammals that are the subject of the specific authorization and, 
thus, no potential for significant cumulative impacts are expected, 
regardless of past, present, or reasonably foreseeable actions, even 
though the impacts of the action may not be significant by itself. 
Based on this evaluation, we concluded that the issuance of the IHA 
qualifies to be categorically excluded from further NEPA review.
    The evaluation of whether extraordinary circumstances (if present) 
have the potential for significant environmental effects is limited to 
the decision NMFS is responsible for, which is issuance of the 
incidental take authorization. While there may be environmental effects 
associated with the underlying action, potential effects of NMFS' 
action are limited to those that would occur due to the authorization 
of incidental take of

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marine mammals. NMFS prepared numerous EAs analyzing the environmental 
impacts of the categories of activities encompassed by CE B4 which 
resulted in Findings of No Significant Impacts (FONSIs) and, in 
particular, numerous EAs prepared in support of issuance of IHAs 
related to similar survey actions are part of NMFS' administrative 
record supporting CE B4. These EAs demonstrate the issuance of a given 
IHA does not affect other aspects of the human environment because the 
action only affects the marine mammals that are the subject of the IHA. 
These EAs also addressed factors in 40 CFR 1508.27 regarding the 
potential for significant impacts and demonstrate the issuance of IHA 
for the categories of activities encompassed by CE B4 do not 
individually or cumulatively have a significant effect on the human 
environment.
    Specifically for this action, NMFS plans to rely upon the 
previously issued CE for the 2023 IHA. NMFS independently evaluated the 
use of the CE for issuance of Vineyard Northeast's 2023 IHA, which 
included consideration of extraordinary circumstances. As part of that 
analysis, NMFS considered whether the 2023 IHA issuance would result in 
cumulative impacts that could be significant. The issuance of the 2023 
IHA to Vineyard Northeast is expected to result in minor, short-term 
behavioral effects on marine mammal species due to exposure to 
underwater sound from site characterization survey activities, and this 
determination remains relevant for the current IHA. Behavioral 
disturbance is possible to occur intermittently in the vicinity of 
Vineyard Northeast's survey area during the 1-year timeframe. Level B 
harassment will be reduced through use of mitigation measures described 
herein. Additionally, as discussed elsewhere, NMFS has determined that 
Vineyard Northeast's activities fall within the scope of activities 
analyzed in GARFO's programmatic consultation regarding geophysical 
surveys along the U.S. Atlantic coast in the three Atlantic Renewable 
Energy Regions (completed June 29, 2021; revised September 2021), which 
concluded surveys such as those planned by Vineyard Northeast are not 
likely to adversely affect endangered listed species or adversely 
modify or destroy critical habitat. Accordingly, NMFS has determined 
that the issuance of this renewal IHA will result in no more than 
negligible (as that term is defined by the Companion Manual for NAO 
216-6A) adverse effects on species protected by the ESA and the MMPA.
    Comment 4: A commenter suggested that a Letter of Authorization 
(LOA) would be more appropriate than an IHA for the proposed survey 
activities as the survey activities have spanned more than one year and 
``it is not clear how long the proposed activities would span given 
past delays.''
    Response: NMFS disagrees with the commenter that an LOA would be 
more appropriate for the planned survey activities than an IHA. All 
IHAs issued, whether an initial IHA or a renewal, are valid for a 
period of not more than 1 year. Vineyard Northeast's request for the 
initial IHA indicated a project duration of 1 year. As delays may be 
encountered, applicants may apply for a renewal IHA if the work under 
the initial IHA is not able to be completed within the effective period 
of the authorization. In order to qualify for a renewal IHA, the 
proposed renewal must consist of up to another year of identical, or 
nearly identical, activities as were covered by the initial IHA or a 
subset of the activities covered by the initial IHA. Vineyard 
Northeast's request falls under the latter requirements and the 
necessary preliminary monitoring data collected under the initial IHA 
were provided. Therefore, Vineyard Northeast's request is appropriate 
for a renewal IHA.
    Regarding clarification on authorizations, as described on our 
website, IHAs are 1-year authorizations and Incidental Take Regulations 
(ITR) are 5-year regulations that allow for the issuance of LOA. An ITR 
must be used if authorization of take by mortality is necessary. 
However, both options are available for applicants requesting 
authorization of harassment only. While applicants may request a 5-year 
regulation for HRG survey activities, NMFS has not received any such 
requests to date and there is no expectation presented in the MMPA or 
Congressional record that activities continuing for more than 1 year 
must seek ITR and authorization under 101(a)(5)(A) of the MMPA. 
Therefore, a determination of which option to take is not dependent on 
any expectation regarding whether the activity will continue for more 
than 1 year or not.
    Comment 5: Multiple commenters provided general concerns regarding 
recent marine mammal stranding events on the Atlantic Coast, including 
speculation that the strandings may be related to wind energy 
development-related activities. Commenters further urged NMFS to 
``reject Vineyard Northeast's application to renew its IHA'' and 
postpone issuing IHAs for any wind energy development-related 
activities until NMFS can ``definitively'' determine the cause of the 
recent strandings.
    Response: NMFS authorizes take of marine mammals incidental to 
construction activities and marine site characterization surveys, 
provided the necessary findings are made, but does not authorize the 
activities themselves. Therefore, while NMFS has the authority to 
modify, suspend, or revoke an IHA if the IHA holder fails to abide by 
the conditions prescribed therein (e.g., failure to comply with 
monitoring or reporting requirements), or if NMFS determines that (1) 
the authorized taking is having or is likely to have more than a 
negligible impact on the species or stocks of affected marine mammals, 
or (2) the prescribed measures are likely not or are not effecting the 
least practicable adverse impact on the affected species or stocks and 
their habitat, it is not within NMFS' jurisdiction to delay offshore 
wind development or to require activities to cease.
    NMFS reiterates that there is no evidence that acoustic noise 
resulting from offshore wind development-related activities could 
potentially cause marine mammal stranding, and there is no evidence 
linking recent marine mammal mortalities and currently ongoing offshore 
wind development activities. This point has been well supported by 
other agencies, including BOEM and the Marine Mammal Commission (Marine 
Mammal Commission Newsletter, Spring 2023). In addition, a recent study 
(Thorne and Wiley, 2024) reviewed spatiotemporal patterns of 
strandings, mortalities, and serious injuries of humpback whales along 
the US east coast from 2016-2022 and found vessel strikes to be the 
major driver in the increase of humpback whale strandings, mortalities, 
and serious injury. Based upon the spatiotemporal analysis, no evidence 
was found that offshore wind development played a role in the increased 
number of strandings over time; for example, spatiotemporal patterns 
between strandings and site assessment surveys did not seem associated. 
In fact, the potential for vessel strike increased from 2016-2022 in 
association with increased container vessel traffic that overlapped 
with whales in new and shallow foraging areas. This potential for 
vessel strike also seemed to increase with the increased presence of 
juvenile humpback whales foraging off the Mid-Atlantic States. Under 
the renewal IHA, NMFS would require Vineyard Northeast to abide by 
vessel speed restrictions and maintain separation distances between 
vessels and marine

[[Page 61092]]

mammals that would minimize the risk of any potential vessel strikes.
    There is an ongoing Unusual Mortality Event (UME) for humpback 
whales along the Atlantic coast from Maine to Florida, which includes 
animals stranded since 2016. Partial or full necropsy examinations were 
conducted on approximately half of the whales. Necropsies were not 
conducted on other carcasses because they were too decomposed, not 
brought to land, or stranded on protected lands (e.g., national and 
state parks) where responders had limited or no access to the 
carcasses. Of the roughly 90 whales examined, about 40 percent had 
evidence of human interaction (i.e., vessel strike or entanglement). 
The remaining 50 necropsied whales either had an undetermined cause of 
death due to a limited examination or decomposition of the carcass, or 
had other causes of death (e.g., parasite-caused organ damage and 
starvation). Ongoing UMEs are also occurring for North Atlantic right 
whales and minke whales, both since 2017. NMFS will continue to gather 
data to help us determine the cause of death for these stranded whales. 
Vessel strikes and entanglement in fishing gear continue to be the 
greatest human threats to large whales.
    Comment 6: A commenter claims that issuance of the renewal IHA 
violates the Endangered Species Act (ESA) as the planned survey 
activities would result in ``impacts on the ecology'' of the area.
    Response: NMFS disagrees with commenters that the renewal IHA 
violates the ESA. Under section 7(a)(2) of the ESA, Federal agencies 
are required to consult with NMFS or the U.S. Fish and Wildlife 
Service, as appropriate, to ensure that the actions they fund, permit, 
authorize, or otherwise carry out will not jeopardize the continued 
existence of any listed species or result in the destruction or adverse 
modification of designated critical habitats. NMFS has determined that 
Vineyard Northeast's planned survey activities fall within the scope of 
activities analyzed in NMFS GARFO's programmatic consultation regarding 
geophysical surveys along the U.S. Atlantic coast in the three Atlantic 
Renewable Energy Regions (completed June 29, 2021; revised September 
2021). This consultation found that these survey activities are in 
general not likely to adversely affect any ESA-listed species listed or 
critical habitat.

Changes From Proposed to Final Renewal IHA

    No changes were made from the proposed renewal IHA to the final 
renewal IHA.

Description of Marine Mammals

    A description of the marine mammals in the proposed survey area may 
be found in the Federal Register notice for the proposed 2023 IHA (88 
FR 40212, June 21, 2023), which relies upon information in the notice 
of the proposed 2022 IHA (87 FR 30872, May 20, 2022). After the 2023 
IHA was issued, NMFS released its draft 2023 stock assessment reports 
(SARs). NMFS has reviewed the draft 2023 SARs, which included updates 
to certain stock abundance estimates, 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). NMFS conservatively 
relies in this circumstance on the lower SAR abundance estimate. NMFS 
has determined that neither this nor any other new information affects 
which species or stocks have the potential to be affected or any other 
pertinent information in the Description of the Marine Mammals in the 
Area of Specified Activities contained in the supporting documents for 
the 2023 and 2022 IHAs.
    On August 1, 2022, NMFS announced proposed changes to the existing 
North Atlantic right whale vessel speed regulations to further reduce 
the likelihood of mortalities and serious injuries to endangered North 
Atlantic right whales from vessel collisions, which are a leading cause 
of the species' decline and a primary factor in an ongoing UME (87 FR 
46921, August 1, 2022). Should a final vessel speed rule be issued and 
become effective during the effective period of this renewal IHA (or 
any other MMPA incidental take authorization), the authorization holder 
would be required to comply with any and all applicable requirements 
contained within the final rule. Specifically, where measures in any 
final vessel speed rule are more protective or restrictive than those 
in this or any other MMPA authorization, authorization holders would be 
required to comply with the requirements of the rule. Alternatively, 
where measures in this or any other MMPA authorization are more 
restrictive or protective than those in any final vessel speed rule, 
the measures in the MMPA authorization would remain in place. These 
changes would become effective immediately upon the effective date of 
any final vessel speed rule and would not require any further action on 
NMFS's part.

Potential Effects on Marine Mammals and Their Habitat

    A description of the potential effects of the specified activity on 
marine mammals and their habitat for the activities for which 
incidental take is authorized here may be found in the notice of the 
proposed IHA for the 2022 IHA (87 FR 30872, May 20, 2022), which is 
relied upon in the notice for the proposed 2023 IHA (88 FR 40212, June 
21, 2023). NMFS has reviewed the monitoring data from the 2023 IHA, 
recent draft SARs, 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 used to estimate take for the 
specified activity are found in the notices of the proposed and final 
IHA for the 2022 IHA (87 FR 30872, May 20, 2022; 87 FR 52913, August 
30, 2022) and summarized in the notices of the proposed and final IHA 
for the 2023 IHA (88 FR 40212, June 21, 2023; 88 FR 50117, August 1, 
2023). The methods of estimating take are identical to those used in 
the 2022 IHA and 2023 IHA (88 FR 40212, June 21, 2023). Specifically, 
the source levels, stocks taken, methods of take, and types of take 
remain unchanged from the 2022 IHA and 2023 IHA. In 2023, Vineyard 
Northeast updated the marine mammal densities based on new information 
(Roberts et al., 2016; Roberts et al., 2023), available online at: 
https://seamap.env.duke.edu/models/Duke/EC/. We refer the reader to 
table 8 in Vineyard Northeast's 2023

[[Page 61093]]

IHA request for the specific density values used in the analysis. The 
IHA request is available online at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-vineyard-northeast-llcs-marine-site-characterization-survey. The marine mammal density/occurrence data 
applicable to this renewal authorization remains unchanged from the 
2023 IHA. The number of takes authorized are a subset of the initial 
authorized takes that better represent the amount of the remaining 
activity Vineyard Northeast has left to complete. These estimated 
takes, which reflect the remaining survey days, are indicated below in 
table 1.

                       Table 1--Authorized Number of Takes by Level B Harassment by Species and Stock and Percent of Take by Stock
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                 2024 renewal IHA
                                                                                                            2023 IHA     -------------------------------
              Species                  Scientific name            Stock               Abundance         authorized take     Authorized      Max percent
                                                                                                                             take \1\       population
--------------------------------------------------------------------------------------------------------------------------------------------------------
Blue whale........................  Balaenoptera          Western North         402                                    1               1            0.25
                                     musculus.             Atlantic.
North Atlantic right whale........  Eubalaena glacialis.  Western North         340                                   12              12            3.52
                                                           Atlantic.
Humpback whale....................  Megaptera             Gulf of Maine.......  1,396                                 12              12            0.86
                                     novaeangliae.
Fin whale.........................  Balaenoptera          Western North         6,802                                 20              20            0.29
                                     physalus.             Atlantic.
Sei whale.........................  Balaenoptera          Nova Scotia.........  6,292                                  5               5            0.08
                                     borealis.
Minke whale.......................  Balaenoptera          Canadian Eastern      21,968                                46              45            0.21
                                     acutorostrata.        Coastal.
Sperm whale.......................  Physeter              North Atlantic......  5,895                                  2               2            0.03
                                     macrocephalus.
Long-finned pilot whale \1\.......  Globicephala melas..  Western North         39,215                                17              17            0.04
                                                           Atlantic.
Killer whale \2\ \3\..............  Orcinus orca........  Western North         UNK                                    4               4        \4\ 5.97
                                                           Atlantic.
False killer whale \2\............  Pseudorca crassidens  Western North         1,298                                  5               5            0.39
                                                           Atlantic.
Atlantic spotted dolphin \3\......  Stenella frontalis..  Western North         31,506                                29              29            0.09
                                                           Atlantic.
Atlantic white-sided dolphin......  Lagenorhynchus        Western North         93,233                               129             126            0.14
                                     acutus.               Atlantic.
Bottlenose dolphin................  Tursiops truncatus..  Western North         6,639                                 45              44            0.66
                                                           Atlantic Northern
                                                           Migratory Coastal.
                                    ....................  Western North         64,587                               169             165            0.26
                                                           Atlantic Offshore.
Common dolphin....................  Delphinus delphis...  Western North         93,100                             7,472           7,296            7.84
                                                           Atlantic.
Risso's dolphin...................  Grampus griseus.....  Western North         44,067                                 9               9            0.02
                                                           Atlantic.
White-beaked dolphin \2\ \3\......  Lagenorhynchus        Western North         536,016                               30              30           0.006
                                     albirostris.          Atlantic.
Harbor porpoise...................  Phocoena phocoena...  Gulf of Maine/Bay of  85,765                               347             339            0.40
                                                           Fundy.
Harbor seal \5\...................  Phoca vitulina......  Western North         61,336                               939             917            1.49
                                                           Atlantic.
Gray seal \5\.....................  Halichoerus grypus..  Western North         \6\ 27,911                           418             408            0.09
                                                           Atlantic.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Roberts et al. (2023) only provides density estimates for pilot whales as a guild. Given the project's location, NMFS assumes that all take will be
  of long-finned pilot whales.
\2\ Rare (or unlikely to occur) species.
\3\ Adjusted according to average group size (Kraus et al., 2016; Palka et al., 2017).
\4\ Based upon minimum population estimate of 67 individual killer whales identified in the Northwestern Atlantic Ocean (Lawson and Stevens, 2014).
\5\ Roberts et al. (2023) only provides a density estimate for seals as a guild. Vineyard Wind used Protected Species Observer (PSO) data collected
  during site characterization surveys within the survey area (2019, 2022-2024) to scale density-based exposure estimates for the seal guild for harbor
  and gray seals.
\6\ NMFS' stock abundance estimate (and associated PBR value) applies to U.S. population only. Total stock abundance (including animals in Canada) is
  approximately 451,600.

Description of Mitigation, Monitoring and Reporting Measures

    These required mitigation, monitoring, and reporting measures are 
identical to those included in the Federal Register notices announcing 
the issuance of the 2023 IHA (88 FR 50117, August 1, 2023) and the 2022 
IHA (87 FR 52913, August 30, 2022). In addition, the discussion of the 
least practicable adverse impact included in those documents as well as 
the notice of the proposed IHAs for 2022 (87 FR 30872, May 20, 2022) 
and 2023 (88 FR 40212, August 1, 2023) remains accurate. NMFS will 
require the following measures for this renewal IHA:
    Establishment of Shutdown Zones--Marine mammal shutdown zones must 
be established around the HRG survey equipment and monitored by NMFS-
approved PSOs during HRG surveys as follows:
     500-m shutdown zone for North Atlantic right whales during 
use of specified acoustic sources (impulsive: sparkers and boomers; 
non-impulsive: non-parametric sub-bottom profilers); and
     100-m shutdown zone for all other marine mammals 
(excluding North Atlantic right whales) during operation of the sparker 
and boomer. The only exception for this is for pinnipeds (seals) and 
small delphinids (i.e., those from the genera Delphinus, 
Lagenorhynchus, Stenella or Tursiops).
    If a marine mammal is detected approaching or entering the shutdown 
zones during the HRG survey, the vessel operator will adhere to the 
shutdown procedures described below to minimize noise impacts on the 
animals. During use of acoustic sources with the potential to result in 
marine mammal harassment (sparkers, boomers, and non-parametric sub-
bottom profilers; i.e., anytime the acoustic source is active, 
including ramp-up), occurrences of marine mammals outside the shutdown 
zones must be communicated to the vessel operator to prepare for 
potential shutdown of the acoustic source.
    Visual Monitoring--Monitoring must be conducted by NMFS-approved 
PSOs with minimum qualifications described in the Federal Register 
notices for the 2023 Proposed and Final IHAs (88 FR 40212, June 21, 
2023; 88 FR 50117, August 1, 2023). Vineyard Northeast must have one 
PSO on duty during the day and a minimum of two PSOs must be on duty 
and conducting visual observations when HRG equipment is in use at 
night. Visual monitoring must begin no less than 30 minutes prior to 
ramp-up of HRG equipment and continue until 30 minutes after use of the 
acoustic source. PSOs must establish and monitor the applicable 
clearance zones, shutdown zones, and vessel separation distances as 
described in the 2022 IHA (87 FR 52913, August 30, 2022). PSOs must 
coordinate to ensure 360-degree visual coverage around the vessel from 
the most appropriate observation posts, and must conduct observations 
while free from distractions and in a consistent, systematic, and 
diligent manner. PSOs are required to estimate distances to

[[Page 61094]]

observed marine mammals. It is the responsibility of the Lead PSO on 
duty to communicate the presence of marine mammals as well as to 
communicate action(s) that are necessary to ensure mitigation and 
monitoring requirements are implemented as appropriate.
    Pre-Start Clearance--Marine mammal clearance zones must be 
established around the HRG survey equipment and monitored by NMFS-
approved PSOs prior to use of boomers, sparkers, and non-parametric 
sub-bottom profilers as follows:
     500-m clearance zone for all ESA-listed species; and
     100-m clearance zone for all other marine mammals.
    Prior to initiating HRG survey activities, Vineyard Northeast must 
implement a 30-minute pre-start clearance period. The operator must 
notify a designated PSO of the planned start of ramp-up where the 
notification time should not be less than 60 minutes prior to the 
planned ramp-up to allow the PSOs to monitor the clearance zones for 30 
minutes prior to the initiation of ramp-up. Prior to ramp-up beginning, 
Vineyard Northeast must receive confirmation from the PSO that the 
clearance zones are clear prior to preceding. Any PSO on duty has the 
authority to delay the start of survey operations if a marine mammal is 
detected within the applicable pre-start clearance zones.
    During this 30-minute period, the entire clearance zone must be 
visible. The exception to this would be in situations where ramp-up 
must occur during periods of poor visibility (inclusive of nighttime) 
as long as appropriate visual monitoring has occurred with no 
detections of marine mammals in 30 minutes prior to the beginning of 
ramp-up.
    If a marine mammal is observed within the relevant clearance zones 
during the pre-start clearance period, initiation of HRG survey 
equipment must not begin until the animal(s) has been observed exiting 
the respective clearance zone, or, until an additional period has 
elapsed with no further sighting (i.e., minimum 15 minutes for small 
odontocetes and seals; 30 minutes for all other species). The pre-start 
clearance requirement includes small delphinids. PSOs must also 
continue to monitor the zone for 30 minutes after survey equipment is 
shut down or survey activity has concluded.
    Ramp-Up of Survey Equipment--When technically feasible, a ramp-up 
procedure must be used for geophysical survey equipment capable of 
adjusting energy levels at the start or re-start of survey activities. 
The ramp-up procedure must be used at the beginning of HRG survey 
activities in order to provide additional protection to marine mammals 
near the project area by allowing them to detect the presence of the 
survey and vacate the area prior to the commencement of survey 
equipment operation at full power. Ramp-up of the survey equipment must 
not begin until the relevant shutdown zones have been cleared by the 
PSOs, as described above. HRG equipment operators must ramp up acoustic 
sources to half power for 5 minutes and then proceed to full power. If 
any marine mammals are detected within the shutdown zones prior to or 
during ramp-up, the HRG equipment must be shut down (as described 
below).
    Shutdown Procedures--If an HRG source is active and a marine mammal 
is observed within or entering a relevant shutdown zone (as described 
above), an immediate shutdown of the HRG survey equipment is required. 
When shutdown is called for by a PSO, the acoustic source must be 
immediately deactivated and any dispute resolved only following 
deactivation. Any PSO on duty has the authority to delay the start of 
survey operations or to call for shutdown of the acoustic source if a 
marine mammal is detected within the applicable shutdown zone. The 
vessel operator must establish and maintain clear lines of 
communication directly between PSOs on duty and crew controlling the 
HRG source(s) to ensure that shutdown commands are conveyed swiftly 
while allowing PSOs to maintain watch. Subsequent restart of the HRG 
equipment may only occur after the marine mammal has been observed 
exiting the relevant shutdown zone, or, until an additional period has 
elapsed with no further sighting of the animal within the relevant 
shutdown zone.
    Upon implementation of shutdown, the HRG source may be reactivated 
after the marine mammal that triggered the shutdown has been observed 
exiting the applicable shutdown zone or, following a clearance period 
of 15 minutes for small odontocetes (i.e., harbor porpoise) and 30 
minutes for all other species with no further observation of the marine 
mammal(s) within the relevant shutdown zone. If the HRG equipment is 
shut down for brief periods (i.e., less than 30 minutes) for reasons 
other than mitigation (e.g., mechanical or electronic failure) the 
equipment may be reactivated as soon as is practicable at full 
operational level, without 30 minutes of pre-clearance, only if PSOs 
have maintained constant visual observation during the shutdown and no 
visual detections of marine mammals occurred within the applicable 
shutdown zones during that time. For a shutdown of 30 minutes or 
longer, or if visual observation was not continued diligently during 
the pause, pre-clearance observation is required, as described above.
    The shutdown requirement is waived for pinnipeds (seals) and 
certain genera of small delphinids (i.e., Delphinus, Lagenorhynchus, 
Stenella, or Tursiops) under certain circumstances. If a delphinid(s) 
from these genera is visually detected within the shutdown zone, 
shutdown would not be required. If there is uncertainty regarding 
identification of a marine mammal species (i.e., whether the observed 
marine mammal(s) belongs to one of the delphinid genera for which 
shutdown is waived), PSOs must use best professional judgment in making 
the decision to call for a shutdown.
    If a species for which authorization has not been granted, or a 
species for which authorization has been granted but the authorized 
number of takes have been met, approaches or is observed within the 
area encompassing the Level B harassment isopleth (178 m), shutdown 
must occur.
    Vessel Strike Avoidance--Vineyard Northeast must comply with vessel 
strike avoidance measures as summarized in the Federal Register notice 
for the 2023 IHA (88 FR 50117, August 1, 2023). For a detailed 
description of vessel strike avoidance measures, please see the Federal 
Register notice for the 2022 IHA (87 FR 52913, August 30, 2022). This 
includes speed restrictions (10 knots or less) when mother/calf pairs, 
pods, or large assemblages of cetaceans are spotted near a vessel; 
species-specific vessel separation distances; appropriate vessel 
actions when a marine mammal is sighted (e.g., avoid excessive speed, 
remain parallel to animal's course, etc.); and monitoring of the NMFS 
North Atlantic Right Whale reporting system and WhaleAlert daily.
    Throughout all phases of the survey activities, Vineyard Northeast 
must monitor NOAA Fisheries North Atlantic right whale reporting 
systems for the establishment of a dynamic management area (DMA). If 
NMFS establishes a DMA in the surrounding area, including the project 
area or export cable routes being surveyed, Vineyard Northeast is 
required to abide by the 10-knot speed restriction.
    Training--Project-specific training is required for all vessel crew 
prior to the start of survey activities.
    Reporting--PSOs must record specific information as described in 
the Federal Register notice of the issuance of the 2023 IHA (88 FR 
50117, August 1,

[[Page 61095]]

2023). Within 90 days after completion of survey activities, Vineyard 
Northeast must provide NMFS with a monitoring report, which must 
include summaries of recorded takes and estimates of the number of 
marine mammals that may have been harassed.
    In the event of a ship strike or discovery of an injured or dead 
marine mammal, Vineyard Northeast must report the incident to the NMFS 
Office of Protected Resources ([email protected]) and 
to the NMFS Greater Atlantic Stranding Hotline (866-755-6622) as soon 
as feasible. The incident must also be reported to the NMFS GARFO 
([email protected]). The report must include the 
information listed in the Federal Register notice of the issuance of 
the 2022 IHA (87 FR 52913, August 30, 2022).

Determinations

    Vineyard Northeast's HRG survey activities are a subset but 
otherwise unchanged from those analyzed in support of the 2023 IHA. The 
effects of the activity, taking into consideration the required 
mitigation and related monitoring measures, remain unchanged from those 
evaluated in support of the 2023 IHA. NMFS expects that all potential 
takes would be short-term Level B harassment in the form of temporary 
avoidance of the area or decreased foraging, reactions that are 
considered to be of low severity and with no lasting biological 
consequences (e.g., Southall et al., 2007). In addition to being 
temporary, the maximum harassment zone around a survey vessel is 178 m 
from use of the Applied Acoustics AA251 Boomer. Although this distance 
is assumed for all survey activity evaluated here and in estimating 
authorized take numbers, in reality, much of the survey activity would 
involve use of acoustic sources with a reduced acoustic harassment zone 
(4 m for the Edge Tech Chirp 216 or 141 m for the GeoMarine Geo Spark 
2000), producing expected effects of particularly low severity. 
Therefore, the ensonified area surrounding each vessel is relatively 
small compared to the overall distribution of the animals in the area 
and the available habitat.
    The survey area overlaps or is in close proximity to feeding 
biologically important areas (BIA) for North Atlantic right whales 
(Cape Cod Bay and Massachusetts Bay BIA, February-April/Great South 
Channel and Georges Bank Shelf Break BIA, April-June), humpback whales 
(March-December), fin whales (year-round/March-October), sei whales 
(May-November), and minke whales (March-November), as well as overlaps 
the migratory BIA for North Atlantic right whales (November 1-April 30) 
(LaBrecque et al., 2015). Most of these feeding BIAs are extensive and 
sufficiently large (e.g., 3,149 km\2\ and 12,247 km\2\ for North 
Atlantic right whales; 47,701 km\2\ for humpback whales; 18,015 km\2\ 
and 2,933 km\2\ for fin whales; 56,609 km\2\ for sei whales; 54,341 for 
minke whales), and the acoustic footprint of the proposed survey is 
sufficiently small that feeding opportunities for these species would 
not be reduced appreciably. In addition, the survey area also overlaps 
with the area south of Martha's Vineyard and Nantucket, primarily along 
the western side of Nantucket Shoals, which has been identified as 
year-round core North Atlantic right whale foraging habitat (Leiter et 
al., 2017; O'Brien et al., 2022; Quintana-Rizzo et al., 2021; Van 
Parijs et al., 2023). As prey species are mobile and broadly 
distributed throughout the survey area, marine mammals that are 
temporarily displaced during survey activities are expected to be able 
to resume foraging once they have moved away from areas with disturbing 
levels of underwater noise, thus we do not expect biologically 
significant impacts to feeding behavior. Due to the temporary nature of 
the disturbance, the availability of similar habitat and resources in 
the surrounding area, and required mitigation measures, the impacts to 
marine mammals and the food sources that they utilize are not expected 
to cause significant or long-term consequences for individual marine 
mammals or their populations. The impacts of these lower severity 
exposures are not expected to accrue to a degree that the fitness of 
any individuals would be impacted and, therefore, no impacts on the 
annual rates of recruitment or survival would result.
    As previously discussed in the 2023 IHA (88 FR 50117, August 1, 
2023), impacts from the survey are expected to be localized to the 
specific area of activity and only during periods when Vineyard 
Northeast's acoustic sources are active. There are no rookeries, mating 
or calving grounds known to be biologically important to marine mammals 
within the survey area.
    As noted for the 2023 IHA (88 FR 50117, August 1, 2023), the survey 
area overlaps a migratory corridor BIA and migratory route seasonal 
management areas (SMAs) (Port of New Jersey/New York and Block Island) 
for North Atlantic right whales. As the survey activities would be 
temporary and the spatial acoustic footprint produced by the survey 
would be very small relative to the spatial extent of the available 
migratory habitat in the BIA (269,448 km\2\), NMFS does not expect 
North Atlantic right whale migration to be impacted by the survey. 
Required vessel strike avoidance measures would also decrease risk of 
ship strike during migration; no ship strike is expected to occur 
during Vineyard Northeast's activities. Vineyard Northeast would be 
required to comply with seasonal speed restrictions of these SMAs, and 
in any DMA, should NMFS establish one (or more) in the proposed survey 
area. The 2022 IHA included the Cape Cod Bay SMA in the survey area, 
however, in 2023 the survey area was reduced and no longer overlapped 
with this SMA. The survey area for this renewal IHA also does not 
include the Cape Cod Bay SMA.
    Although take by Level B harassment of North Atlantic right whales 
has been authorized by NMFS, we anticipate a very low level of 
harassment, should it occur, because Vineyard Northeast is required to 
maintain a shutdown zone of 500 m if a North Atlantic right whale is 
observed. The authorized takes account for any missed animals wherein 
the survey equipment is not shut down immediately. As shutdown would be 
called for immediately upon detection (if the whale is within 500 m), 
it is likely the exposure time would be very limited and received 
levels would not be much above the harassment threshold. Further, the 
500-m shutdown zone for right whales is conservative, considering the 
distance to the Level B harassment isopleth for the most impactful 
acoustic source (i.e., Applied Acoustics AA251 Boomer--which may not be 
used on all survey days) is estimated to be 178 m, and thereby 
minimizes the potential for behavioral harassment of this species. As 
noted previously, Level A harassment is not expected due to the small 
permanent threshold shift zones associated with HRG equipment types 
planned for use. NMFS does not anticipate North Atlantic right whale 
takes that would result from Vineyard Northeast's activities would 
impact annual rates of recruitment or survival. Thus, any takes that 
occur would not result in population level impacts.
    We also note that our findings for other species with active UMEs 
that were previously described for the 2023 IHA (88 FR 50117, August 1, 
2023) remain applicable to this project. In addition, our analysis of 
survey effects on species with BIAs that overlap with the survey area 
remains unchanged. Therefore, in conclusion, there is no new 
information suggesting that our analysis or findings should change.

[[Page 61096]]

    NMFS has concluded that there is no new information suggesting that 
our analysis or findings should change from those reached for the 2023 
IHA. This includes consideration of the slight increase in estimated 
abundance of six stocks and slight decrease in estimated abundance of 
three stocks. Based on the information contained here and in the 
referenced documents, NMFS has determined the following: (1) the 
required mitigation measures would effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the 
authorized takes would 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) Vineyard Northeast's activities would not have an unmitigable 
adverse impact on taking for subsistence purposes as no relevant 
subsistence uses of marine mammals are implicated by this action; and 
(5) appropriate monitoring and reporting requirements are included.

National Environmental Policy Act

    This action is consistent with categories of activities identified 
in Categorical Exclusion B4 (incidental take authorizations with no 
anticipated serious injury or mortality) of the Companion Manual for 
NOAA Administrative Order 216-6A, which do not individually or 
cumulatively have the potential for significant impacts on the quality 
of the human environment and for which we have not identified any 
extraordinary circumstances that would preclude this categorical 
exclusion. Accordingly, NMFS determined that the issuance of the 
initial IHA qualified to be categorically excluded from further NEPA 
review. NMFS has determined that the application of this categorical 
exclusion remains appropriate for this renewal IHA.

Endangered Species Act

    Section 7(a)(2) of the ESA 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 Office of 
Protected Resources consults internally whenever we propose to 
authorize take for endangered or threatened species.
    NMFS has authorized the incidental take of five species of marine 
mammals which are listed under the ESA, including the North Atlantic 
right, fin, sei, blue, and sperm whale, and has determined that this 
activity falls within the scope of activities analyzed in NMFS GARFO's 
programmatic consultation regarding geophysical surveys along the U.S. 
Atlantic coast in the three Atlantic Renewable Energy Regions 
(completed June 29, 2021; revised September 2021).

Renewal

    NMFS has issued a renewal IHA to Vineyard Northeast for the take of 
marine mammals incidental to conducting marine site characterization 
surveys offshore from Massachusetts to New Jersey in the BOEM Lease 
Areas OCS-A 0522 and OCS-A 0544 and associated OECC routes, from July 
27, 2024, through July 26, 2025.

    Dated: July 25, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-16734 Filed 7-29-24; 8:45 am]
BILLING CODE 3510-22-P