Takes of Marine Mammals Incidental to Specified Activities; Taking Marine Mammals Incidental to SouthCoast Wind Energy Marine Site Characterization Surveys off the Coast of Massachusetts and Rhode Island, 76796-76804 [2024-21457]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 182 (Thursday, September 19, 2024)]
[Notices]
[Pages 76796-76804]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-21457]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE152]


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to SouthCoast Wind Energy Marine Site 
Characterization Surveys off the Coast of Massachusetts and Rhode 
Island

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

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

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SUMMARY: NMFS received a request from SouthCoast Wind Energy, LLC 
(SouthCoast Wind; formerly known as Mayflower Wind Energy, LLC) for the 
renewal of their prior incidental harassment authorization (IHA) 
(hereinafter, the ``initial IHA'') to take marine mammals incidental to 
marine site characterization surveys offshore of Massachusetts and 
Rhode Island. SouthCoast Wind's activities are identical to those 
covered in the 2023-2024 authorization, and consist of a subset of the 
initially planned activities. Pursuant to the Marine Mammal Protection 
Act (MMPA), prior to issuing the previous IHA, NMFS requested comments 
on both the proposed IHA and the potential for renewing the initial 
authorization if certain requirements were satisfied. The renewal 
requirements have been satisfied, and NMFS is now providing an 
additional 15-day comment period to allow for any additional comments 
on the proposed renewal not previously provided during the initial 30-
day comment period.

DATES: Comments and information must be received no later than October 
4, 2024.

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

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

SUPPLEMENTARY INFORMATION:

[[Page 76797]]

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 promulgated or, if the taking is limited to harassment, an IHA 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 one year for each reauthorization. In the notice of proposed IHA 
for the initial IHA, NMFS described the circumstances under which we 
would consider issuing a renewal for this activity, and requested 
public comment on a potential renewal under those circumstances. 
Specifically, on a case-by-case basis, NMFS may issue a one-time 1-year 
renewal of an IHA following notice to the public providing an 
additional 15 days for public comments when (1) up to another year of 
identical, or nearly identical, activities as described in the Detailed 
Description of Specified Activities section of the initial IHA issuance 
notice is planned or (2) the activities as described in the Description 
of the Specified Activities and Anticipated Impacts section of the 
initial IHA issuance notice would not be completed by the time the 
initial IHA expires and a renewal would allow for completion of the 
activities beyond that described in the DATES section of the notice of 
issuance of the initial IHA, provided all of the following conditions 
are met:
    1. A request for renewal is received no later than 60 days prior to 
the needed renewal IHA effective date (recognizing that the renewal IHA 
expiration date cannot extend beyond 1 year from expiration of the 
initial IHA).
    2. The request for renewal must include the following:
    [cir] 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
    [cir] 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 NEPA 
review. NMFS has preliminarily determined that the application of this 
categorical exclusion remains appropriate for this renewal IHA.

History of Request

    On October 23, 2020, NMFS received a request from SouthCoast Wind 
(formerly known as Mayflower Wind Energy) seeking authorization to take 
marine mammals by Level B harassment only incidental to high-resolution 
geophysical site characterization surveys (HRG) off Massachusetts and 
Rhode Island in the area of Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf Lease Area 
OCS-A-0521 and along potential submarine export cable routes. NMFS 
published a notice of the proposed IHA in the Federal Register on May 
20, 2021 (86 FR 27393). NMFS subsequently issued an IHA that was 
effective for a period of one year, from July 1, 2021, through June 30, 
2022, hereinafter referred to as the 2021 IHA (86 FR 38033; July 19, 
2021).
    On November 16, 2022, SouthCoast Wind submitted an application for 
a renewal IHA in order to complete the remaining subset of the planned 
survey activity that could not be completed under the 2021 IHA. After 
NMFS determined the application was ineligible for renewal due to the 
updates in marine mammal density information, on January 13, 2023, 
SouthCoast submitted an updated request for a standard IHA. That 
proposed IHA was published in the Federal Register on March 8, 2023 (88 
FR 14335). Since all other aspects of the project remained the same 
(i.e., the scope of the activities, the survey location, the acoustic 
source use, and the level of impact expected to occur (i.e., Level B 
harassment only)), NMFS relied on the information associated with the 
issuance of the 2021 IHA. On May 11, 2023, NMFS issued an

[[Page 76798]]

IHA to SouthCoast Wind to take marine mammals incidental to marine site 
characterization surveys in Massachusetts (88 FR 31678, May 18, 2023), 
effective from May 12, 2023, through May 11, 2024, and hereinafter 
referred to as the 2023 IHA. The present request for renewal is based 
on this 2023 IHA application.
    On July 1, 2024, NMFS received an application for the renewal of 
the 2023 IHA. As described in the application for renewal IHA, the 
activities for which incidental take is requested are a subset of the 
activities that are covered by the 2023 IHA but were not completed 
prior to its expiration. As required, the applicant 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 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 underlying IHA, on May 11, 2025, and having ensured that 
SouthCoast Wind 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 Proposed Activities and Anticipated Impacts

    SouthCoast Wind did not complete the planned survey scope of work 
associated with the 2023 IHA prior to its expiration and is planning to 
complete a subset of the activities during the remainder of 2024-2025. 
HRG surveys are planned between approximately September 2024 and May 
2025, using the same survey equipment, methods and types of vessels as 
those previously analyzed. The 2024-2025 surveys will also be within 
the same survey area described in the application for the 2021 and 2023 
IHAs (figure 1).
BILLING CODE 3510-22-P
[GRAPHIC] [TIFF OMITTED] TN19SE24.058

BILLING CODE 3510-22-C

[[Page 76799]]

Figure 1--Map of SouthCoast Wind Lease Area OCS-A 0521 Within the 
Massachusetts Wind Energy Area and the Proposed Export Cable Corridors 
to Falmouth, MA and to Brayton Point, Somerset, MA

    The planned survey trackline, the number of active sound source 
days (the number of days the vessels will be actively emitting sound 
into the water column), and vessel days (number of days that the 
vessels will be present in the area) will be reduced in 2024-2025 
compared to those planned under the 2023-2024 IHA. A total of up to 700 
kilometers (km) of trackline (500 km in the Lease Area [Inter-Array 
Cable (IAC) surveys] and 200 km in the Export Cable Corridors (ECC) 
[potential HDD surveys]) will be surveyed (table 1). On average, 
approximately 50 km will be surveyed per day within the Lease Area and 
15 km within the ECC, resulting in 10 active sound source days in the 
Lease Area and approximately 14 in the ECC (for a total of 
approximately 24 active sound source days in the entire project area). 
The previous IHA application described up to 4 vessels being utilized 
to conduct the surveys. The 2024-2025 surveys may use up to 4 vessels 
as well. SouthCoast Wind survey contractors and protected species 
observer (PSO) contractors will conduct all surveys in accordance with 
the requirements stipulated in the 2023-2024 IHA. This renewal IHA is 
identical to the previous IHA, with the exception that fewer trackline 
kilometers will be surveyed, there will be fewer sound source days, and 
fewer vessel days.

                Table 1--Geophysical Surveys Completed in 2023-2024 and Tracklines Remaining (km)
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                                                                                       Total
                                                                   IHA trackline     trackline        Planned
                            Location                               planned 2023-  completed 2023- trackline 2024-
                                                                       2024            2024            2025
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ECC--Potential HDD..............................................             750               0             200
Lease Area--Inter-array Cable (IAC).............................           1,950             718             500
----------------------------------------------------------------------------------------------------------------

    To facilitate public review and comment on the proposed renewal 
IHA, refer to the documents related to the previously issued 2021 and 
2023 IHAs and we discuss any new or changed information herein. The 
previous documents include: the notice of the proposed IHA published in 
the Federal Register on May 20, 2021 (86 FR 27393); the notice of 
issuance of the 2021 IHA (86 FR 38033, July 19, 2021); the notice of 
the proposed IHA published in the Federal Register on March 8, 2023 (88 
FR 14335), the notice of issuance of the 2023 IHA (88 FR 31678, May 18, 
2023), and all associated references and documents. We also refer the 
reader to previous and current applications and monitoring reports 
submitted by SouthCoast Wind and its predecessor Mayflower Wind, which 
may be found at: https://www.fisheries.noaa.gov/action/incidental-take-authorization-southcoast-wind-energy-llcs-marine-site-characterization.

Detailed Description of the Activity

    A detailed description of the marine site characterization survey 
activities for which take is proposed here may be found in previous 
Federal Register notices and documents relevant to the previous IHAs 
(86 FR 27393, May 20, 2021; 88 FR 14335, March 8, 2023). The survey 
location and nature of the activities that could result in take of 
marine mammals (HRG surveys), including the types of equipment planned 
for use, are identical to those described in these previous notices, 
with the exception that the scale of work is reduced. Only a subset of 
the planned HRG work was completed under the 2023 IHA. Between May 18 
and July 10, 2023, a total of 55 survey days and 718 km of tracklines 
were completed. For the remainder of 2024, SouthCoast Wind proposes to 
conduct a subset (700 km) of the remaining tracklines (table 1).
    The proposed renewal would be effective from the date of issuance 
through May 11, 2025 (i.e., one year after the expiration of the 2023 
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 notices of the proposed IHAs for the initial 
authorizations (86 FR 27393, May 20, 2021; 88 FR 14335, March 8, 2023). 
Since the publication of the final Federal Register notice (88 FR 
31678, May 18, 2023), NMFS has reviewed the monitoring data from the 
prior IHA, the draft 2023 Stock Assessment Report (SAR), which included 
updates to certain stock abundances since the 2023 IHA was issued, 
information on relevant Unusual Mortality Events (UMEs), 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 2017-2021 period 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 draft 2023 SARs include updates for additional marine mammal 
species and stocks (i.e., North Atlantic right whale, fin whale, sei 
whale, minke whale, sperm whale, Atlantic spotted dolphin, Atlantic 
white-sided dolphin, bottlenose dolphin (Western North Atlantic--
Offshore stock), common dolphin, long-finned pilot whales, Risso's 
dolphin, harbor porpoise, and gray seal), which are specifically 
included in table 2 below. For species for which there has been no 
change between the finalization of the final 2022 SARs to the release 
of the draft 2023 SARs, NMFS has noted that below.

[[Page 76800]]



               Table 2--Marine Mammal Species \a\ Likely To Occur Near the Project Area That May Be Taken by SouthCoast Wind's Activities
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                                                                                         ESA/MMPA status;   Stock abundance (CV, N
             Common name                  Scientific name               Stock             strategic (Y/N)      min, most recent        PBR     Annual M/
                                                                                                \b\          abundance survey) \c\               SI \d\
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                           Order Artiodactyla--Cetacea--Superfamily Mysticeti (baleen whales)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Balaenidae:
    North Atlantic right whale \e\..  Eubalaena glacialis....  Western Atlantic.......  E, D, Y             340 (0, 337, 2021)....        0.7       27.2
Family Balaenopteridae (rorquals):
    Fin whale.......................  Balaenoptera physalus..  Western North Atlantic.  E, D, Y             6,802 (0.24, 5,573,            11       2.05
                                                                                                             2021).
    Sei whale.......................  Balaenoptera borealis..  Nova Scotia............  E, D, Y             6,292 (1.02, 3,098,           6.2        0.6
                                                                                                             2021).
    Minke whale.....................  Balaenoptera             Canadian Eastern         -, -, N             21,968 (0.31, 17,002,         170        9.4
                                       acutorostrata.           Coastal.                                     2021).
    Humpback whale..................  Megaptera novaeangliae.  Gulf of Maine..........  -, -, N             1,396 (0, 1380, 2016).         22      12.15
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Superfamily Odontoceti (toothed whales, dolphins, and porpoises)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Physeteridae:
    Sperm whale.....................  Physeter macrocephalus.  North Atlantic.........  E, D, Y             5,895 (0.29, 4,639,          9.28        0.2
                                                                                                             2021).
Family Delphinidae:
    Atlantic white-sided dolphin....  Lagenorhynchus acutus..  Western North Atlantic.  -, -, N             93,233 (0.71, 54,443,         544         28
                                                                                                             2021).
    Atlantic spotted dolphin........  Stenella frontalis.....  Western North Atlantic.  -, -, N             31,506 (0.28, 25,042,         250          0
                                                                                                             2021).
    Common bottlenose dolphin.......  Tursiops truncatus.....  Western North Atlantic   -, -, N             64,587 (0.24, 52,801,         507         28
                                                                Offshore \f\.                                2021).
                                      .......................  Northern Migratory       ..................  No changes............  .........  .........
                                                                Coastal.
    Long finned pilot whale \g\.....  Globicephala melas.....  Western North Atlantic.  -, -, N             39,215 (0.30, 30,627,         306        5.7
                                                                                                             2021).
    Risso's dolphin.................  Grampus griseus........  Western North Atlantic.  -, -, N             44,067 (0.19, 30,662,         307         18
                                                                                                             2021).
    Common dolphin..................  Delphinus delphis......  Western North Atlantic.  -, -, N             93,100 (0.56, 59,897,       1,452        414
                                                                                                             2021).
Family Phocoenidae (porpoises):
    Harbor porpoise.................  Phocoena phocoena......  Gulf of Maine/Bay of     -, -, N             85,765 (0.53, 56,420,         649        145
                                                                Fundy.                                       2021).
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                                                         Order Carnivora--Superfamily Pinnipedia
--------------------------------------------------------------------------------------------------------------------------------------------------------
Family Phocidae (earless seals):
    Gray seal \h\...................  Halichoerus grypus.....  Western North Atlantic.  -, -, N             27,911 (0.20, 23,624,       1,512      4,570
                                                                                                             2021).
    Harbor seal.....................  Phoca vitulina.........  Western North Atlantic.  -, -, N             61,336 (0.08, 57,637,       1,729        339
                                                                                                             2018).
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\a\ 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).
\b\ Endangered Species Act (ESA) status: Endangered (E), Threatened (T)/MMPA status: Depleted (D). A dash (-) indicates that the species is not listed
  under the ESA or designated as depleted under the MMPA. Under the MMPA, a strategic stock is one for which the level of direct human-caused mortality
  exceeds PBR or which is determined to be declining and likely to be listed under the ESA within the foreseeable future. Any species or stock listed
  under the ESA is automatically designated under the MMPA as depleted and as a strategic stock.
\c\ NMFS' marine mammal SARs can be found online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessments.
  CV is the coefficient of variation; Nmin is the minimum estimate of stock abundance. In some cases, CV is not applicable.
\d\ These values, found in NMFS's SARs, represent annual levels of human-caused mortality plus serious injury from all sources combined (e.g.,
  commercial fisheries, ship strike). Annual M/SI often cannot be determined precisely and is in some cases presented as a minimum value or range.
\e\ The current SAR includes an estimated population (Nbest = 340) based on sighting history through December 2021 (https://www.fisheries.noaa.gov/national/marine-mammal-protection/marine-mammal-stock-assessment-reports). 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).
\f\ Estimates may include sightings of the coastal form.
\g\ Key uncertainties exist in the population size estimate for this species, including uncertain separation between short-finned and long-finned pilot
  whales, small negative bias due to lack of abundance estimate in the region between US and the Newfoundland/Labrador survey area, and uncertainty due
  to unknown precision and accuracy of the availability bias correction factor that was applied.
\h\ NMFS' stock abundance estimate (and associated Potential Biological Removal value) applies to the U.S. population only. Total stock abundance
  (including animals in Canada) is approximately 394,311. The annual M/SI value given is for the total stock.

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 
Notice of the Proposed IHA for the 2021 authorization (86 FR 27393, May 
20, 2021). This description was also incorporated by reference in the 
Notice of the Proposed IHA for the 2023 authorization (88 FR 14335, 
March 8, 2023), for which this Notice is a Proposed renewal. 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 and inputs used to estimate 
take for the specified activity are found in the Notice of the Proposed 
IHA for the initial authorization (88 FR 14335, March 8, 2023). The 
source levels applicable to this authorization remain unchanged from 
the previously issued IHA. Similarly, the stocks taken, marine mammal 
density data, methods of take, and types of take remain unchanged from 
the previously issued 2023 IHA. The number of requested takes is 
reduced (table 3), due to the smaller number of tracklines being 
surveyed, as indicated above in table 1.

[[Page 76801]]



     Table 3--Number of Takes by Level B Harassment Proposed for Authorization and Percentages of Each Stock
                                         Abundance for 2024-2025 Surveys
----------------------------------------------------------------------------------------------------------------
                                                     Combined
                                                   density based   NMFS proposed    NMFS stock     Percentage of
                     Species                        calculated      authorized       abundance      NMFS stock
                                                       takes           take                          abundance
----------------------------------------------------------------------------------------------------------------
North Atlantic right whale......................             1.2           \a\ 2             340            0.59
Fin whale.......................................             0.5           \c\ 3           6,802            0.04
Sei whale.......................................             0.3           \a\ 2           6,292            0.03
Minke whale.....................................             2.7               3          21,968            0.02
Humpback whale..................................             0.5          \b\ 11           1,396            0.86
Sperm whale.....................................             0.1           \a\ 2           5,895            0.03
Atlantic white-sided dolphin....................             5.8          \a\ 28          93,233            0.03
Atlantic spotted dolphin........................             1.0          \a\ 29          31,506            0.09
Common bottlenose dolphin.......................             3.0          \b\ 31          64,587            0.05
Long finned pilot whale.........................             0.4           \a\ 8          39,215            0.02
Risso's dolphin.................................             0.5           \a\ 5          44,067            0.02
Common dolphin..................................            49.3         \b\ 429          93,100            0.46
Harbor porpoise.................................              19              19          85,765            0.02
Gray seal.......................................            32.4              32          27,911            0.12
Harbor seal.....................................            14.4              14          61,366            0.24
----------------------------------------------------------------------------------------------------------------
\a\ Take increased to the species mean group size (86 FR 38033, July 19, 2021; 88 FR 31678, May 18, 2023).
\b\ Take increased to equal the estimate of potential take based on previous PSO data (86 FR 38033, July 19,
  2021; 88 FR 31678, May 18, 2023).
\c\ Average group size for fin whales is assumed here as 2. However, we increase the proposed authorized take
  number to 3 to equal the number of whales reported observed within the estimated harassment zone by SouthCoast
  during 2023-24 survey effort.

Description of Proposed Mitigation, Monitoring and Reporting Measures

    The proposed mitigation, monitoring, and reporting measures 
included as requirements in this authorization are identical to those 
included in the Federal Register notice announcing the issuance of the 
initial IHA (88 FR 31678, May 18, 2023), and the discussion of the 
least practicable adverse impact included in that document and the 
Notice of the proposed IHA (88 FR 14335, March 8, 2023) remains 
accurate. The following identical measures are proposed for this 
renewal:
    1. The Holder must use independent, dedicated, qualified protected 
species observers (PSOs), meaning that the PSOS must be employed by a 
third-party observer provided, must have no tasks other than to conduct 
observational effort, collect data, and communicate with and instruct 
relevant vessel crew with regard to the presence of protected species 
and mitigation requirements (including brief alerts regarding maritime 
hazards), and must be qualified pursuant to section 5(a) of the IHA.
    2. The operator must establish and maintain clear lines of 
communication directly between PSOs on duty and crew controlling the 
acoustic source to ensure that mitigation commands are conveyed swiftly 
while allowing PSOs to maintain watch.
    3. During survey operations involving use of the sparker (e.g., any 
day on which use of the sparker source is planned to occur, and 
whenever the sparker source is in the water, whether activated or not), 
a minimum of one PSO must be on duty and conducting visual observations 
at all times during daylight hours (i.e., from 30 minutes prior to 
sunrise through 30 minutes following sunset), and a minimum of two PSOs 
must be on duty and conducting visual observations at all times during 
nighttime hours.
    4. Visual monitoring must begin no less than 30 minutes prior to 
ramp-up and must continue until one hour after use of the acoustic 
source ceases.
    5. Visual PSOs shall conduct visual observations form the most 
appropriate observation posts using appropriate equipment and the naked 
eye while free from distractions and in a consistent, systematic, and 
diligent manner. When two PSOs are required, the PSOs must coordinate 
to ensure 360[deg] visual coverage around the vessel.
    6. Any observations of marine mammals by crew members aboard any 
vessel associated with the survey must be relayed to the PSO team.
    7. PSOs may be on watch for a maximum of four consecutive hours 
followed by a break of at least one hour between watches and may 
conduct a maximum of 12 hours of observations per 24-hour period.
    8. PSOS shall establish and monitor applicable shutdown zones 
during use of the sparker source (see below). These zones shall be 
based upon the radial distance from the acoustic source (rather than 
being based around the vessel itself).
    9. Shutdown zones must be as follows:
    [cir] A 500-meter (m) shutdown zone for North Atlantic right whales 
(NARWs).
    [cir] A 100-m shutdown zone for all other marine mammals (excluding 
NARWs).
    10. Pre-start clearance and ramp up--A ramp-up procedure, involving 
a gradual increase in source level output, is required at all times as 
part of the activation of the acoustic source when technically 
feasible. Operators should ramp up sources to half power for 5 minutes 
and then proceed to full power. A 30-minute pre-start clearance 
observation period of the shutdown zones must occur prior to the start 
of ramp-up. All operators must adhere to the following pre-start 
clearance and ramp-up requirements:
    [cir] The operator must notify a designated PSO of the planned 
start of ramp-up as agreed upon with the lead PSO; the notification 
time should not be less than 60 minutes prior to the planned ramp-up in 
order to allow the PSOs time to monitor the shutdown zones for 30 
minutes prior to the initiation of ramp-up (pre-start clearance). 
During this 30 minute pre-start clearance period the entire shutdown 
zone must be visible, except as indicated below.
    [cir] Ramp-ups shall be scheduled so as to minimize the time spent 
with the source activated.
    [cir] A visual PSO conducting pre-start clearance observations must 
be notified again immediately prior to initiating ramp-up procedures 
and the operator must receive confirmation from the PSO to proceed.

[[Page 76802]]

    [cir] 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 zone.
    [cir] Ramp-up may not be initiated if any marine mammal to which 
the prestart clearance requirement applies is within the shutdown zone. 
If a marine mammal is observed within the shutdown zone during the 30 
minute pre-start clearance period, ramp-up may not begin until the 
animal(s) has been observed exiting the zones or until an additional 
time period has elapsed with no further sightings (30 minutes for all 
baleen whale species and sperm whales and 15 minutes for all other 
species).
    [cir] The pre-start clearance requirement is waived for small 
delphinids (individuals belonging to the following genera of the Family 
Delphinidae: Steno, Delphinus, Lagenorhynchus, Stenella, and Tursiops) 
and pinnipeds. Detection of a small delphinid or pinniped within the 
shutdown zone does not preclude beginning of ramp-up, unless the PSO 
confirms the individual to be of a genus other than those listed, in 
which case normal pre-clearance requirements apply.
    [cir] 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 the pre-clearance requirement is 
waived), PSOs must use best professional judgment in making the 
decision to call for a shutdown.
    [cir] PSOs must monitor the shutdown zones 30 minutes before and 
during ramp-up, and ramp-up must cease and the source must be shut down 
upon observation of a marine mammal within the applicable shutdown 
zone.
    [cir] Ramp-up may occur at times of poor visibility, including 
nighttime, if appropriate visual monitoring has occurred with no 
detections of marine mammals in the 30 minutes prior to beginning ramp-
up. Sparker activation may only occur at night where operational 
planning cannot reasonably avoid such circumstances.
    [cir] If the acoustic source is shut down for brief periods (i.e., 
less than 30 minutes) for reasons other than implementation of 
prescribed mitigation (e.g., mechanical difficulty), it may be 
activated again without ramp-up if PSOs have maintained constant visual 
observation and no detections of marine mammals have occurred within 
the applicable shutdown zone. For any longer shutdown, pre-start 
clearance observation and ramp-up are required.
    11. Shutdown requirements:
    [cir] Any PSO on duty has the authority to call for a shutdown of 
the sparker source if a marine mammal is detected within the applicable 
shutdown zone.
    [cir] When the sparker source is active and a marine mammal appears 
within or enters the applicable shutdown zone, the source must be shut 
down. When shutdown is instructed by a PSO, the source must be 
immediately deactivated and any dispute resolved only following 
deactivation.
    [cir] The shutdown requirement is waived for small delphinids 
(individual belonging to the following genera of the Family 
Delphinidae: Steno, Delphinus, Lagenorhynchus, Stenella, and Tursiops) 
and pinnipeds. If a small delphinid or pinniped is visually detected 
within the shutdown zone, no shutdown is required unless the PSO 
confirms the individual to be of a genus other than those listed, in 
which case a shutdown is required
    [cir] 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 or one of the 
species with a larger shutdown zone), PSOs must use best professional 
judgment in making the decision to call for a shutdown.
    a. Upon implementation of shutdown, the source may be reactivated 
after the marine mammal has been observed exiting the applicable 
shutdown zone or following a clearance period (30 minutes for all 
baleen whale species and sperm whales and 15 minutes for all other 
species) with no further detection of the marine mammal.
    [cir] 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 
Level B harassment zone, shutdown must occur.
    12.Vessel Strike--Vessel operators must comply with the below 
measures except under extraordinary circumstances when the safety of 
the vessel or crew is in doubt or the safety of life at sea is in 
question. These requirements do not apply in any case where compliance 
would create an imminent and serious threat to a person or vessel or to 
the extent that a vessel is restricted in its ability to maneuver and, 
because of the restriction, cannot comply.
    [cir] Vessel operators and crews must maintain a vigilant watch for 
all marine mammals and slow down, stop their vessel, or alter course, 
as appropriate and regardless of vessel size, to avoid striking any 
marine mammal. A single marine mammal at the surface may indicate the 
presence of submerged animals in the vicinity of the vessel; therefore, 
precautionary measures should always be exercised. A visual observer 
aboard the vessel must monitor a vessel strike avoidance zone around 
the vessel (species-specific distances detailed below).
    [cir] Visual observers monitoring the vessel strike avoidance zone 
may be third-party observers (i.e., PSOs) or crew members, but crew 
members responsible for these duties must be provided sufficient 
training to (1) distinguish marine mammal from other phenomena and (2) 
broadly to identify a marine mammal as a right whale, other whale 
(defined in this context as sperm whales or baleen whales other than 
right whales), or other marine mammals.
    [cir] All vessels, regardless of size, must observe a 10-knot speed 
restriction in specific areas designated by NMFS for the protection of 
North Atlantic right whales from vessel strikes. These include all 
Seasonal Management Areas (SMA) (when in effect), any dynamic 
management areas (DMA) (when in effect), and Slow Zones. See https://www.fisheries.noaa.gov/national/endangered-speciesconservation/reducing-ship-strikes-north-atlantic-right-whales for specific detail 
regarding these areas. It is SouthCoast Wind's responsibility to 
maintain awareness of the establishment and location of any such areas 
and to abide by these requirements accordingly.
    [cir] Vessel speeds must also be reduced to 10 knots or less when 
mother/calf pairs, pods, or large assemblages of cetaceans are observed 
near a vessel.
    [cir] All vessels must maintain a minimum separation distance of 
500 m from right whales. If a right whale is sighted within the 
relevant separation distance, the vessel must steer a course away at 10 
knots or less until the 500-m separation distance has been established. 
If a whale is observed but cannot be confirmed as a species other than 
a right whale, the vessel operator must assume that it is a right whale 
and take appropriate action.
    [cir] All vessels must maintain a minimum separation distance of 
100 m from sperm whales and all other baleen whales.
    [cir] All vessels must, to the maximum extent practicable, attempt 
to maintain a minimum separation distance of 50 m from all other marine 
mammals, with an understanding that at times this may not be possible 
(e.g., for animals that approach the vessel).
    [cir] When marine mammals are sighted while a vessel is underway, 
the vessel shall take action as necessary to avoid violating the 
relevant separation distance (e.g., attempt to remain parallel

[[Page 76803]]

to the animal's course, avoid excessive speed or abrupt changes in 
direction until the animal has left the area, reduce speed and shift 
the engine to neutral). This does not apply to any vessel towing gear 
or any vessel that is navigationally constrained.

Comments and Responses

    As noted previously, NMFS published a notice of a proposed IHA (88 
FR 31678, May 18, 2023) and solicited public comments on both our 
proposal to issue the initial IHA for marine site characterization 
surveys 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 31678, May 18, 2023). 
Below, we describe how we have addressed, with updated information 
where appropriate, any comments received that specifically pertain to 
the renewal of the 2023 IHA.
    Comment: Oceana raised objections to NMFS' proposed renewal process 
for potential extension of the 1-year IHA with an abbreviated 15-day 
public comment period. Oceana recommended that an additional 30-day 
public comment period is necessary for any IHA renewal request.
    Response: NMFS' IHA renewal process meets all statutory 
requirements. In prior responses to comments about IHA renewals (e.g., 
84 FR 52464, October 2, 2019; 85 FR53342, August 28, 2020), NMFS 
explained the IHA renewal process is consistent with the statutory 
requirements contained in section 101(a)(5)(D) of the MMPA, and further 
promotes NMFS' goals of improving conservation of marine mammals and 
increasing efficiency in the MMPA compliance process. Therefore, we 
intend to continue to implement the existing renewal process.
    All IHAs issued, whether an initial IHA or a renewal, are valid for 
a period of not more than 1 year. The public has 30 days to comment on 
proposed IHAs, with a cumulative total of 45 days for IHA renewals. The 
notice of the proposed IHA published in the Federal Register on March 
8, 2023, (88 FR14335) provided a 30-day public comment period and made 
clear that NMFS was seeking comment on the proposed IHA and the 
potential issuance of a renewal for this survey. As detailed in the 
Federal Register notice for the proposed IHA and on the agency's 
website, eligibility for renewal is determined on a case-by-case basis, 
renewals are subject to an additional 15-day public comment period, and 
the renewal is limited to up to another year of identical or nearly 
identical activities as described in the Description of Proposed 
Activities section of the proposed IHA notice or the activities 
described in the Description of Proposed Activities section of the 
proposed IHA notice would not be completed by the time the IHA expires 
and a renewal would allow for completion of the activities beyond that 
described in the Dates and Duration section of the proposed notice. 
NMFS' analysis of the anticipated impacts on marine mammals caused by 
the applicant's activities covers both the initial IHA period and the 
possibility of a 1-year renewal. Therefore, a member of the public 
considering commenting on a proposed initial IHA also knows exactly 
what activities (or subset of activities) would be included in a 
proposed renewal IHA, the potential impacts of those activities, the 
maximum amount and type of take that could be caused by those 
activities, the mitigation and monitoring measures that would be 
required, and the basis for the agency's negligible impact 
determinations, least practicable adverse impact findings, small 
numbers findings, and (if applicable) the no unmitigable adverse impact 
on subsistence use finding--all the information needed to provide 
complete and meaningful comments on a possible renewal at the time of 
considering the proposed initial IHA. Members of the public have the 
information needed to meaningfully comment on both the immediate 
proposed IHA and a possible 1-year renewal, should the IHA holder 
choose to request one.
    While there would be additional documents submitted with a renewal 
request, for a qualifying renewal these would be limited to 
documentation that NMFS would make available and use to verify that the 
activities are identical or nearly identical to those in the initial 
IHA such that the changes would have either no effect on impacts to 
marine mammals or decrease those impacts, or are a subset of activities 
already analyzed and authorized but not completed under the initial 
IHA. NMFS would also need to confirm, among other things, that the 
activities would occur in the same location; involve the same species 
and stocks; provide for continuation of the same mitigation, 
monitoring, and reporting requirements; and that no new information has 
been received that would alter the prior analysis. The renewal request 
would also contain a preliminary monitoring report, in order to verify 
that effects from the activities do not indicate impacts of a scale or 
nature not previously analyzed. The additional 15-day public comment 
period, which includes NMFS' direct notice to anyone who commented on 
the proposed initial IHA, provides the public an opportunity to review 
these few documents, provide any additional pertinent information, and 
comment on whether they think the criteria for a renewal have been met. 
Combined together, the 30-day public comment period on the initial IHA 
and the additional 15-day public comment period on the renewal of the 
same or nearly identical activities, provides the public with a total 
of 45 days to comment on the potential for renewal of the IHA.
    In addition to the IHA renewal process being consistent with all 
requirements under section 101(a)(5)(D), it is also consistent with 
Congress' intent for issuance of IHAs to the extent reflected in 
statements in the legislative history of the MMPA. Through the 
description of the process and express invitation to comment on 
specific potential renewals in the Request for Public Comments section 
of each proposed IHA, the description of the process on NMFS' website, 
further elaboration on the process through responses to comments such 
as these, posting of substantive documents on the agency's website, and 
provision of 30 or 45 days for public review and comment on all 
proposed initial IHAs and renewals respectively, NMFS has ensured that 
the public is ``invited and encouraged to participate fully in the 
agency's decision-making process,'' as Congress intended.
    For more information, NMFS has published a description of the 
renewal process on our website (available at https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-harassment-authorization-renewals).

Preliminary Determinations

    NMFS has preliminarily concluded that there is no new information 
suggesting that our analysis or findings should change from those 
reached for the initial IHA. Based on the information and analysis 
contained here and in the referenced documents, NMFS has preliminarily 
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) SouthCoast Wind's activities will 
not have an unmitigable adverse impact on taking for subsistence

[[Page 76804]]

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 (ESA; 16 
U.S.C. 1531 et seq.) requires that each Federal agency insure that any 
action it authorizes, funds, or carries out is not likely to jeopardize 
the continued existence of any endangered or threatened species or 
result in the destruction or adverse modification of designated 
critical habitat. To ensure ESA compliance for the issuance of IHAs, 
NMFS consults internally, in this case with the NMFS Greater Atlantic 
Regional Fisheries Office (GARFO), whenever we propose to authorize 
take for endangered or threatened species.
    NMFS Office of Protected Resources has proposed to authorize the 
incidental take of four species of marine mammals which are listed 
under the ESA (the North Atlantic right, fin, sei, and sperm whale) and 
has determined that these activities fall within the scope of 
activities analyzed in GARFO's programmatic consultation regarding 
geophysical surveys along the U.S. Atlantic coast in the three Atlantic 
Renewable Energy Regions (completed June 29, 2021; revised September 
2021). The proposed renewal IHA provides no new information about the 
effects of the action, nor does it change the extent of effects of the 
action, or present any other basis to require re-initiation of 
consultation with NMFS GARFO; therefore, the ESA consultation has been 
satisfied for the initial IHA and remains valid for the renewal IHA.

Proposed Renewal IHA and Request for Public Comment

    As a result of these preliminary determinations, NMFS proposes to 
issue a renewal IHA to SouthCoast Wind for conducting HRG surveys off 
the coast of Massachusetts and Rhode Island until May 11, 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: September 16, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-21457 Filed 9-18-24; 8:45 am]
BILLING CODE 3510-22-P