Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to Marine Site Characterization Surveys in the New York Bight, 67592-67596 [2024-18608]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
[RTID 0648–XE150]
Takes of Marine Mammals Incidental to
Specified Activities; Taking Marine
Mammals Incidental to Marine Site
Characterization Surveys in the New
York Bight
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
AGENCY:
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Notice; request for comments on
proposed renewal incidental harassment
authorization.
ACTION:
NMFS received a request from
Community Offshore Wind, LLC
(COSW) for the renewal of their
incidental harassment authorization
(IHA) (hereinafter, the ‘‘initial IHA’’) to
take marine mammals incidental to
marine site characterization surveys in
coastal waters off of New Jersey and
New York 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 0539 (Lease Area) and
associated Export Cable Route (ECR)
survey area (ECR Area). 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 that were not
previously provided during the initial
30-day comment period.
DATES: Comments and information must
be received no later than September 5,
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 ITP.hilt@
noaa.gov.
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 25megabyte 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-undermarine-mammal-protection-act without
change. All personal identifying
information (e.g., name, address, etc.)
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
SUMMARY:
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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-otherenergy-activities-renewable. In case of
problems accessing these documents,
please call the contact listed below.
FOR FURTHER INFORMATION CONTACT:
Rachel Hilt, Office of Protected
Resources, NMFS, (301) 427–8401.
SUPPLEMENTARY INFORMATION:
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Background
The Marine Mammal Protection Act
(MMPA) prohibits the ‘‘take’’ of marine
mammals, with certain exceptions.
Sections 101(a)(5)(A) and (D) of the
MMPA (16 U.S.C. 1361 et seq.) direct
the Secretary of Commerce (as delegated
to NMFS) to allow, upon request, the
incidental, but not intentional, taking of
small numbers of marine mammals by
U.S. citizens who engage in a specified
activity (other than commercial fishing)
within a specified geographical region if
certain findings are made and either
regulations are promulgated or, if the
taking is limited to harassment, an
incidental harassment authorization is
issued.
Authorization for incidental takings
shall be granted if NMFS finds that the
taking will have a negligible impact on
the species or stock(s) and will not have
an unmitigable adverse impact on the
availability of the species or stock(s) for
taking for subsistence uses (where
relevant). Further, NMFS must prescribe
the permissible methods of taking and
other ‘‘means of effecting the least
practicable adverse impact’’ on the
affected species or stocks and their
habitat, paying particular attention to
rookeries, mating grounds, and areas of
similar significance, and on the
availability of such species or stocks for
taking for certain subsistence uses
(referred to here as ‘‘mitigation
measures’’). NMFS must also prescribe
requirements pertaining to monitoring
and reporting of such takings. The
definition of key terms such as ‘‘take,’’
‘‘harassment,’’ and ‘‘negligible impact’’
can be found in the MMPA and the
NMFS’s implementing regulations (see
16 U.S.C. 1362; 50 CFR 216.103).
NMFS’ regulations implementing the
MMPA at 50 CFR 216.107(e) indicate
that IHAs may be renewed for
additional periods of time not to exceed
1 year for each reauthorization. In the
notice of proposed IHA for the initial
IHA, NMFS described the circumstances
under which we would consider issuing
a renewal for this activity, and
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requested public comment on a
potential renewal under those
circumstances. Specifically, on a caseby-case basis, NMFS may issue a onetime 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
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.
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/
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67593
incidental-harassment-authorizationrenewals. 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 National
Environmental Policy Act review.
NMFS has preliminarily determined
that the application of this categorical
exclusion remains appropriate for this
renewal IHA.
History of Request
On June 30, 2023, NMFS issued an
IHA to COSW to take marine mammals
incidental to Marine Site
Characterization Surveys in the New
York Bight, specifically within the
BOEM Commercial Lease of Submerged
Lands for Renewable Energy
Development on the OCS Lease Area
and associated ECR Area (88 FR 42322),
effective from July 1, 2023, through June
30, 2024. On June 14, 2024, NMFS
received an application for the renewal
of that initial IHA. COSW has met all
the conditions for a renewal.As
described in the application for renewal
IHA, the activities for which incidental
take is requested consist of activities
that are covered by the initial
authorization but were not completed
prior to its expiration. As required, the
COSW also provided a preliminary
monitoring report which confirms that
the applicant has implemented the
required mitigation and monitoring, and
which also shows that no impacts of a
scale or nature not previously analyzed
or authorized have occurred as a result
of the activities conducted. NMFS has
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decided to waive the 60 days renewal
requirement, recognizing that the
renewal IHA, if issued, will expire one
year from the expiration date of the
initial IHA, on June 30, 2025, and
having ensured that COSW understands
that there is a lapse in MMPA
authorization coverage between the
expiration of the initial IHA and the
issuance of any renewal.
Description of the Specified Activities
and Anticipated Impacts
COSW proposes to conduct marine
site characterization surveys with highresolution geophysical (HRG) surveys
and geotechnical sampling from August
6, 2024 through June 30, 2025. Only
HRG surveys are expected to have the
potential to cause incidental take of
small numbers of marine mammals.
Specifically, the initial IHA consisted of
up to 30,467 kilometers of trackline in
waters off the coast of New Jersey and
New York in the New York Bight, which
is within the BOEM Lease Area OCS–A
0539 and associated ECR Area.
Hereafter, both the areas are referred to
as the Survey Area. Of note, the
trackline was broken down by Lease
Area survey and ECR survey area.
Approximately 28,290 km was planned
for the Lease Area and 2,177 km for the
ECR Area. The effort for bottlenose
dolphins was differentiated to account
for the two stocks present in the Survey
Area. In the ECR Area trackline, 400
kilometers is in waters <20 m deep
where the Western North Atlantic
Migratory Coastal Stock (Coastal Stock)
of bottlenose dolphins may be present,
whereas the remaining 1,777 km is in
waters >20 meters deep where the
Western North Atlantic Offshore Stock
(Offshore Stock) of bottlenose dolphins
may be present. In the Lease Area, all
28,290 km of trackline are in waters >20
meters deep. COSW was unable to
complete the full survey effort planned
under the initial IHA and, for this
renewal, COSW requests authorization
for take incidental to completion of the
remaining HRG survey tracklines.
The purpose of COSW’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. COSW will have a
maximum of three vessels surveying
concurrently. Underwater sounds
produced from sparkers during COSW’s
surveys have the potential to result in
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Level B harassment for 15 species and
16 stocks of marine mammals. With the
exception of a slight change in the
remaining survey trackline kilometers
and reduction in the take estimates,
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 42322 June 30,
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 24574, April 21, 2023).
During the initial IHA, COSW surveyed
a total of 11,775 kilometers (120
kilometers of trackline in waters <20
meters deep) of trackline using a 3sparker array (Applied Acoustics DuraSpark UHD 400+400). As noted above,
COSW was unable to complete the total
30,467 kilometers of tracklines included
in the initial IHA, and have requested a
renewal to authorize take incidental to
the remaining 19,092 kilometers (280
kilometers in waters <20 meters) of
tracklines. 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. As a result of a
miscommunication, COSW’s initial IHA
authorized 400 km less trackline than
they intended (i.e., 30,467 km versus
30,867 km) and, therefore, COSW asked
that the renewal IHA include the 400
km (19,092 km vs. 18,692) of trackline
that was inadvertently omitted from the
initial IHA. NMFS has determined that
this correction to the remaining
trackline is a minor change that does not
affect the previous analyses, mitigation
or monitoring requirements, or take
estimates (except, of course, for the
reduction in the take estimates). The
percent of trackline left to survey and
estimated take that may occur has been
updated accordingly. The proposed
renewal would be effective from the
date of issuance through June 30, 2025
(one year after the expiration of the
initial IHA).
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 24574, April
21, 2023) for the initial IHA. NMFS has
reviewed the monitoring data from the
initial IHA, the draft 2023 Stock
Assessment Reports (SARs), which
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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
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 authorization of
incidental take is proposed here may be
found in the Notices of the Proposed
and Final IHAs 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
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specified activity are found in the
Federal Register Notice of the Final IHA
(88 FR 42322, June 30, 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.
To estimate the number of marine
mammals predicted to be exposed to
sound levels that would result in
harassment of the initial IHA, radial
distances to predicted isopleths
corresponding to Level B harassment
thresholds were calculated. The
distance (i.e., 141 meters distance
associated with both sparker systems) to
the Level B harassment criterion and the
total length of the survey trackline were
then used to calculate the total
ensonified area, or harassment zone,
around the survey vessel. The number
of marine mammals expected to be
incidentally taken during the total
survey was then calculated by
estimating the number of each species
predicted to occur within the ensonified
area (animals/km2), incorporating the
greatest seasonal estimated marine
mammal densities. The product was
then rounded to generate an estimate of
the total number of instances of
harassment expected for each species
over the duration of the survey (up to
293 days). A summary of this method is
illustrated in the following formula,
where the Harassment Zone is
multiplied by the highest seasonal mean
density (D) of each species or stock
(animals/km2; except for pilot whales
where annual density was used based
on data availability).
Estimated Take = Harassment Zone × D
The number of takes proposed for
authorization in this renewal are a
subset of the initial authorized takes
that better represent the amount of the
remaining activity COSW has left to
complete. For all species but bottlenose
dolphins, estimated takes were
calculated by multiplying the
authorized take in the initial IHA by the
percent of the initial total trackline
considered (30,467 kilometers)
represented by the requested remaining
trackline (19,092 km), which is 63
percent (see Table 1). As noted above,
the effort for bottlenose dolphins was
differentiated to account for the two
stocks present in the Survey Area.
Tracklines in the Survey Area in waters
<20 meters and >20 meters deep were
differentiated to account for differences
in density between the two stocks of
bottlenose dolphins, and the
appropriate percentages of tracklines (70
and 62, respectively) are also indicated
in Table 1.
TABLE 1—PROPOSED NUMBER OF TAKES BY LEVEL B HARASSMENT BY SPECIES AND STOCK AND PERCENT OF TAKE BY
STOCK 1
2024 proposed renewal IHA
Species
Scientific name
North Atlantic Right Whale ............
Eubalaena
glacialis.
Fin whale ....................................... Balaenoptera
physalus.
Sei whale ....................................... Balaenoptera borealis.
Minke whale ................................... Balaenoptera
acutorostrata.
Humpback whale ........................... Megaptera
novaeangliae.
Sperm whale .................................. Physeter
macrocephalus.
Risso’s dolphin ............................... Grampus griseus
Long-finned pilot whale .................. Globicephala
melas.
Atlantic white-sided dolphin ........... Lagenorhynchus
acutus.
Common dolphin ............................ Delphinus delphis.
Atlantic spotted dolphin ................. Stenella frontalis
Common bottlenose dolphin, OffTursiops trunshore Stock.
cates.
Common bottlenose dolphin,
Tursiops trunNorthern migratory coastal stock.
cates.
Harbor porpoise .............................
Harbor seal ....................................
Gray seal 3 .....................................
Phocoena
phocoena.
Phoca vitulina ....
Halichoerus
grypus.
Stock
Abundance
2023 IHA
authorized
take
Percentage
of
trackline
requested
in renewal
Estimate of
take for
requested
trackline
Max percent
population
Western Atlantic ............................
340
24
63
15
2 4.4
Western North Atlantic ..................
6,802
76
63
48
0.7
Nova Scotia ..................................
6,292
24
63
15
0.2
Canadian East Coastal .................
21,968
304
63
192
0.9
West Indies DPS ..........................
1,396
46
63
29
2.1
North Atlantic ................................
4,349
10
63
6
0.1
Western North Atlantic ..................
Western North Atlantic ..................
35,215
39,215
59
78
63
63
37
49
0.1
0.1
Western North Atlantic ..................
93,233
427
63
269
0.3
Western North Atlantic ..................
172,974
5,572
63
3,510
2.0
Western North Atlantic ..................
Western North Atlantic Offshore
(occurs within >20 meters deep).
Western North Atlantic Northern
Migratory Coastal (occurs within
<20 meters deep).
Gulf of Maine/Bay of Fundy Stock
39,921
62,851
320
1,316
63
62
202
816
0.5
1.3
6,639
115
70
81
1.2
95,543
1,912
63
1,205
1.3
Western North Atlantic ..................
Western North Atlantic ..................
61,336
27,300
1,955
1,955
63
63
1,232
1,232
2.0
4.5
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1 Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy’s Committee on Taxonomy
(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)).
2 Based on the 2023 draft marine mammal stock assessment reports (SAR).
3 NMFS’s stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada) is approximately 451,600. The annual mortality/serious injury given is for the total stock.
Description of Proposed Mitigation,
Monitoring and Reporting Measures
The proposed mitigation, monitoring,
and reporting measures included as
requirements in this proposed IHA are
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identical to those included in the
Federal Register notice announcing the
issuance of the initial IHA (88 FR 42322,
June 30, 2023) and the discussion of the
least practicable adverse impact
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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
24574, April 21, 2023) and solicited
public comments on both our proposal
to issue the initial IHA for marine site
characterization surveys in coastal
waters off of New Jersey and New York
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 42322, June 30,
2023) and none of the comments
specifically pertained to the renewal of
the 2024 IHA.
lotter on DSK11XQN23PROD with NOTICES1
Preliminary Determinations
NMFS proposes to authorize
incidental take of small numbers of
marine mammals from specified
activities that are a subset of, but
otherwise 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 less than that
authorized in the initial IHA. In the
initial IHA, NMFS determined that
COSW’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 one stock increasing
slightly. Specifically, NMFS is
proposing to authorize 15 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. 15 takes of
North Atlantic right whales equates to
approximately 4.4 percent of the stock
abundance, if each incident of take is
assumed to accrue to a separate
individual whale.
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
VerDate Sep<11>2014
17:17 Aug 20, 2024
Jkt 262001
takes represent small numbers of marine
mammals relative to the affected stock
abundances; (4) COSW’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.
Dated: August 14, 2024.
Catherine Marzin,
Director, Office of Protected Resources,
National Marine Fisheries Service.
Endangered Species Act
National Oceanic and Atmospheric
Administration
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 Greater Atlantic Regional
Fisheries Office 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).
Proposed Renewal IHA and Request for
Public Comment
As a result of these preliminary
determinations, NMFS proposes to issue
a renewal IHA to COSW for conducting
marine site characterization with HRG
surveys off the coast of New Jersey and
New York in the New York Bight from
July 1, 2024, through June 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.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
[FR Doc. 2024–18608 Filed 8–20–24; 8:45 am]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
[RTID 0648–XE197]
Pacific Island Fisheries; Western
Pacific Stock Assessment Review;
Public Meeting
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; public meeting.
AGENCY:
The Western Pacific Fishery
Management Council (Council) and
NMFS will convene a Western Pacific
Stock Assessment Review (WPSAR) of
the main Hawaiian Islands Aprion
virescens (locally known as uku or gray/
green jobfish) stock assessment update.
DATES: The WPSAR meeting will be
held September 9–10, 2024 from 9 a.m.
to 4 p.m. Hawaii Standard Time (HST).
See SUPPLEMENTARY INFORMATION for
meeting dates and times and the daily
agenda.
ADDRESSES: The meeting will be open to
the public and held at the NOAA
Honolulu Service Center at Pier 38,
1139 N. Nimitz Hwy, Suite 220,
Honolulu, HI 96817. Audio and visual
portions for all of the web conferences
can be accessed at: https://
wprfmc.webex.com/wprfmc/
j.php?MTID=m984f90
622bc0a35cd0ffb038eb5103a5. Webinar
number: 2633 952 7361. Webinar
password: ukuWPSAR0909mtg.
FOR FURTHER INFORMATION CONTACT: T.
Todd Jones, Director, Pacific Islands
Fisheries Science Center (PIFSC)
Fisheries Research and Monitoring
Division (FRMD), telephone: (808) 725–
5713, or todd.jones@noaa.gov.
SUPPLEMENTARY INFORMATION: The
NMFS PIFSC developed a single-species
stock assessment update of the gray
jobfish (uku, Aprion virescens) in the
main Hawaiian Islands. PIFSC
previously conducted a stock
assessment for uku in 2020 using the
Stock Synthesis (v. 3.30) framework to
integrate catch per unit effort indices,
size frequency, diver survey, and catch
data into a single age-structured model.
PIFSC used this integrated model to
estimate biomass and stock status
SUMMARY:
E:\FR\FM\21AUN1.SGM
21AUN1
Agencies
[Federal Register Volume 89, Number 162 (Wednesday, August 21, 2024)]
[Notices]
[Pages 67592-67596]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18608]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
[RTID 0648-XE150]
Takes of Marine Mammals Incidental to Specified Activities;
Taking Marine Mammals Incidental to Marine Site Characterization
Surveys in the New York Bight
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments on proposed renewal incidental
harassment authorization.
-----------------------------------------------------------------------
SUMMARY: NMFS received a request from Community Offshore Wind, LLC
(COSW) for the renewal of their incidental harassment authorization
(IHA) (hereinafter, the ``initial IHA'') to take marine mammals
incidental to marine site characterization surveys in coastal waters
off of New Jersey and New York 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 0539 (Lease Area) and
associated Export Cable Route (ECR) survey area (ECR Area). 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 that were not previously
provided during the initial 30-day comment period.
DATES: Comments and information must be received no later than
September 5, 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, etc.)
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
[[Page 67593]]
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: Rachel Hilt, Office of Protected
Resources, NMFS, (301) 427-8401.
SUPPLEMENTARY INFORMATION:
Background
The Marine Mammal Protection Act (MMPA) prohibits the ``take'' of
marine mammals, with certain exceptions. Sections 101(a)(5)(A) and (D)
of the MMPA (16 U.S.C. 1361 et seq.) direct the Secretary of Commerce
(as delegated to NMFS) to allow, upon request, the incidental, but not
intentional, taking of small numbers of marine mammals by U.S. citizens
who engage in a specified activity (other than commercial fishing)
within a specified geographical region if certain findings are made and
either regulations are promulgated or, if the taking is limited to
harassment, an incidental harassment authorization is issued.
Authorization for incidental takings shall be granted if NMFS finds
that the taking will have a negligible impact on the species or
stock(s) and will not have an unmitigable adverse impact on the
availability of the species or stock(s) for taking for subsistence uses
(where relevant). Further, NMFS must prescribe the permissible methods
of taking and other ``means of effecting the least practicable adverse
impact'' on the affected species or stocks and their habitat, paying
particular attention to rookeries, mating grounds, and areas of similar
significance, and on the availability of such species or stocks for
taking for certain subsistence uses (referred to here as ``mitigation
measures''). NMFS must also prescribe requirements pertaining to
monitoring and reporting of such takings. The definition of key terms
such as ``take,'' ``harassment,'' and ``negligible impact'' can be
found in the MMPA and the NMFS's implementing regulations (see 16
U.S.C. 1362; 50 CFR 216.103).
NMFS' regulations implementing the MMPA at 50 CFR 216.107(e)
indicate that IHAs may be renewed for additional periods of time not to
exceed 1 year for each reauthorization. In the notice of proposed IHA
for the initial IHA, NMFS described the circumstances under which we
would consider issuing a renewal for this activity, and requested
public comment on a potential renewal under those circumstances.
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year
renewal 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 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.
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
National Environmental Policy Act review. NMFS has preliminarily
determined that the application of this categorical exclusion remains
appropriate for this renewal IHA.
History of Request
On June 30, 2023, NMFS issued an IHA to COSW to take marine mammals
incidental to Marine Site Characterization Surveys in the New York
Bight, specifically within the BOEM Commercial Lease of Submerged Lands
for Renewable Energy Development on the OCS Lease Area and associated
ECR Area (88 FR 42322), effective from July 1, 2023, through June 30,
2024. On June 14, 2024, NMFS received an application for the renewal of
that initial IHA. COSW has met all the conditions for a renewal.As
described in the application for renewal IHA, the activities for which
incidental take is requested consist of activities that are covered by
the initial authorization but were not completed prior to its
expiration. As required, the COSW also provided a preliminary
monitoring report which confirms that the applicant has implemented the
required mitigation and monitoring, and which also shows that no
impacts of a scale or nature not previously analyzed or authorized have
occurred as a result of the activities conducted. NMFS has
[[Page 67594]]
decided to waive the 60 days renewal requirement, recognizing that the
renewal IHA, if issued, will expire one year from the expiration date
of the initial IHA, on June 30, 2025, and having ensured that COSW
understands that there is a lapse in MMPA authorization coverage
between the expiration of the initial IHA and the issuance of any
renewal.
Description of the Specified Activities and Anticipated Impacts
COSW proposes to conduct marine site characterization surveys with
high-resolution geophysical (HRG) surveys and geotechnical sampling
from August 6, 2024 through June 30, 2025. Only HRG surveys are
expected to have the potential to cause incidental take of small
numbers of marine mammals. Specifically, the initial IHA consisted of
up to 30,467 kilometers of trackline in waters off the coast of New
Jersey and New York in the New York Bight, which is within the BOEM
Lease Area OCS-A 0539 and associated ECR Area. Hereafter, both the
areas are referred to as the Survey Area. Of note, the trackline was
broken down by Lease Area survey and ECR survey area. Approximately
28,290 km was planned for the Lease Area and 2,177 km for the ECR Area.
The effort for bottlenose dolphins was differentiated to account for
the two stocks present in the Survey Area. In the ECR Area trackline,
400 kilometers is in waters <20 m deep where the Western North Atlantic
Migratory Coastal Stock (Coastal Stock) of bottlenose dolphins may be
present, whereas the remaining 1,777 km is in waters >20 meters deep
where the Western North Atlantic Offshore Stock (Offshore Stock) of
bottlenose dolphins may be present. In the Lease Area, all 28,290 km of
trackline are in waters >20 meters deep. COSW was unable to complete
the full survey effort planned under the initial IHA and, for this
renewal, COSW requests authorization for take incidental to completion
of the remaining HRG survey tracklines.
The purpose of COSW'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. COSW will have a maximum of three vessels surveying
concurrently. Underwater sounds produced from sparkers during COSW's
surveys have the potential to result in Level B harassment for 15
species and 16 stocks of marine mammals. With the exception of a slight
change in the remaining survey trackline kilometers and reduction in
the take estimates, 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 42322 June 30,
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 24574, April 21, 2023). During the initial
IHA, COSW surveyed a total of 11,775 kilometers (120 kilometers of
trackline in waters <20 meters deep) of trackline using a 3-sparker
array (Applied Acoustics Dura-Spark UHD 400+400). As noted above, COSW
was unable to complete the total 30,467 kilometers of tracklines
included in the initial IHA, and have requested a renewal to authorize
take incidental to the remaining 19,092 kilometers (280 kilometers in
waters <20 meters) of tracklines. 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. As a result of a
miscommunication, COSW's initial IHA authorized 400 km less trackline
than they intended (i.e., 30,467 km versus 30,867 km) and, therefore,
COSW asked that the renewal IHA include the 400 km (19,092 km vs.
18,692) of trackline that was inadvertently omitted from the initial
IHA. NMFS has determined that this correction to the remaining
trackline is a minor change that does not affect the previous analyses,
mitigation or monitoring requirements, or take estimates (except, of
course, for the reduction in the take estimates). The percent of
trackline left to survey and estimated take that may occur has been
updated accordingly. The proposed renewal would be effective from the
date of issuance through June 30, 2025 (one year after the expiration
of the initial IHA).
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 24574, April 21,
2023) for the initial IHA. NMFS has reviewed the monitoring data from
the initial IHA, the draft 2023 Stock Assessment Reports (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
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
authorization of incidental take is proposed here may be found in the
Notices of the Proposed and Final IHAs 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
[[Page 67595]]
specified activity are found in the Federal Register Notice of the
Final IHA (88 FR 42322, June 30, 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.
To estimate the number of marine mammals predicted to be exposed to
sound levels that would result in harassment of the initial IHA, radial
distances to predicted isopleths corresponding to Level B harassment
thresholds were calculated. The distance (i.e., 141 meters distance
associated with both sparker systems) to the Level B harassment
criterion and the total length of the survey trackline were then used
to calculate the total ensonified area, or harassment zone, around the
survey vessel. The number of marine mammals expected to be incidentally
taken during the total survey was then calculated by estimating the
number of each species predicted to occur within the ensonified area
(animals/km\2\), incorporating the greatest seasonal estimated marine
mammal densities. The product was then rounded to generate an estimate
of the total number of instances of harassment expected for each
species over the duration of the survey (up to 293 days). A summary of
this method is illustrated in the following formula, where the
Harassment Zone is multiplied by the highest seasonal mean density (D)
of each species or stock (animals/km\2\; except for pilot whales where
annual density was used based on data availability).
Estimated Take = Harassment Zone x D
The number of takes proposed for authorization in this renewal are
a subset of the initial authorized takes that better represent the
amount of the remaining activity COSW has left to complete. For all
species but bottlenose dolphins, estimated takes were calculated by
multiplying the authorized take in the initial IHA by the percent of
the initial total trackline considered (30,467 kilometers) represented
by the requested remaining trackline (19,092 km), which is 63 percent
(see Table 1). As noted above, the effort for bottlenose dolphins was
differentiated to account for the two stocks present in the Survey
Area. Tracklines in the Survey Area in waters <20 meters and >20 meters
deep were differentiated to account for differences in density between
the two stocks of bottlenose dolphins, and the appropriate percentages
of tracklines (70 and 62, respectively) are also indicated in Table 1.
Table 1--Proposed Number of Takes by Level B Harassment by Species and Stock and Percent of Take by Stock \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
2024 proposed renewal IHA
--------------------------------------
2023 IHA Percentage
Species Scientific name Stock Abundance authorized of Estimate of
take trackline take for Max percent
requested requested population
in renewal trackline
--------------------------------------------------------------------------------------------------------------------------------------------------------
North Atlantic Right Whale......... Eubalaena glacialis... Western Atlantic.......... 340 24 63 15 \2\ 4.4
Fin whale.......................... Balaenoptera physalus. Western North Atlantic.... 6,802 76 63 48 0.7
Sei whale.......................... Balaenoptera borealis. Nova Scotia............... 6,292 24 63 15 0.2
Minke whale........................ Balaenoptera Canadian East Coastal..... 21,968 304 63 192 0.9
acutorostrata.
Humpback whale..................... Megaptera novaeangliae West Indies DPS........... 1,396 46 63 29 2.1
Sperm whale........................ Physeter macrocephalus North Atlantic............ 4,349 10 63 6 0.1
Risso's dolphin.................... Grampus griseus....... Western North Atlantic.... 35,215 59 63 37 0.1
Long-finned pilot whale............ Globicephala melas.... Western North Atlantic.... 39,215 78 63 49 0.1
Atlantic white-sided dolphin....... Lagenorhynchus acutus. Western North Atlantic.... 93,233 427 63 269 0.3
Common dolphin..................... Delphinus delphis..... Western North Atlantic.... 172,974 5,572 63 3,510 2.0
Atlantic spotted dolphin........... Stenella frontalis.... Western North Atlantic.... 39,921 320 63 202 0.5
Common bottlenose dolphin, Offshore Tursiops truncates.... Western North Atlantic 62,851 1,316 62 816 1.3
Stock. Offshore (occurs within
>20 meters deep).
Common bottlenose dolphin, Northern Tursiops truncates.... Western North Atlantic 6,639 115 70 81 1.2
migratory coastal stock. Northern Migratory
Coastal (occurs within
<20 meters deep).
Harbor porpoise.................... Phocoena phocoena..... Gulf of Maine/Bay of Fundy 95,543 1,912 63 1,205 1.3
Stock.
Harbor seal........................ Phoca vitulina........ Western North Atlantic.... 61,336 1,955 63 1,232 2.0
Gray seal \3\...................... Halichoerus grypus.... Western North Atlantic.... 27,300 1,955 63 1,232 4.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Information on the classification of marine mammal species can be found on the web page for The Society for Marine Mammalogy's Committee on Taxonomy
(https://marinemammalscience.org/science-and-publications/list-marine-mammal-species-subspecies/; Committee on Taxonomy (2022)).
\2\ Based on the 2023 draft marine mammal stock assessment reports (SAR).
\3\ NMFS's stock abundance estimate (and associated PBR value) applies to the U.S. population only. Total stock abundance (including animals in Canada)
is approximately 451,600. The annual mortality/serious injury given is for the total stock.
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 42322, June 30, 2023) and the discussion of the
least practicable adverse impact determination included in that
document remains applicable and accurate.
[[Page 67596]]
Comments and Responses
As noted previously, NMFS published a notice of a proposed IHA (88
FR 24574, April 21, 2023) and solicited public comments on both our
proposal to issue the initial IHA for marine site characterization
surveys in coastal waters off of New Jersey and New York 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 42322, June 30, 2023) and none of
the comments specifically pertained to the renewal of the 2024 IHA.
Preliminary Determinations
NMFS proposes to authorize incidental take of small numbers of
marine mammals from specified activities that are a subset of, but
otherwise 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 less than that authorized in the initial IHA. In
the initial IHA, NMFS determined that COSW'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 one stock increasing slightly. Specifically,
NMFS is proposing to authorize 15 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. 15 takes of North Atlantic right whales
equates to approximately 4.4 percent of the stock abundance, if each
incident of take is assumed to accrue to a separate individual whale.
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) COSW'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 Greater Atlantic Regional Fisheries Office
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).
Proposed Renewal IHA and Request for Public Comment
As a result of these preliminary determinations, NMFS proposes to
issue a renewal IHA to COSW for conducting marine site characterization
with HRG surveys off the coast of New Jersey and New York in the New
York Bight from July 1, 2024, through June 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: August 14, 2024.
Catherine Marzin,
Director, Office of Protected Resources, National Marine Fisheries
Service.
[FR Doc. 2024-18608 Filed 8-20-24; 8:45 am]
BILLING CODE 3510-22-P