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, 85156-85165 [2024-24889]

Agencies

• DEPARTMENT OF COMMERCE
• National Oceanic and Atmospheric Administration

[Federal Register Volume 89, Number 207 (Friday, October 25, 2024)]
[Notices]
[Pages 85156-85165]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-24889]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RTID 0648-XE322]


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; issuance of renewal incidental harassment 
authorization.

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SUMMARY: In accordance with the regulations implementing the Marine 
Mammal Protection Act (MMPA), as amended, notification is hereby given 
that NMFS has issued a renewal incidental harassment authorization 
(IHA) to SouthCoast Wind Energy, LLC

[[Page 85157]]

(SouthCoast Wind) to incidentally harass marine mammals incidental to 
activities associated with marine site characterization surveys off of 
Massachusetts and Rhode Island, specifically within the Bureau of Ocean 
Energy Management (BOEM) Commercial Lease of Submerged Lands for 
Renewable Energy Development on the Outer Continental Shelf (Lease) 
Area OCS-A 0521 and associated export cable route (ECR).

DATES: This renewal IHA is valid from the date of issuance through May 
11, 2025.

ADDRESSES: Electronic copies of the original application, renewal 
request, and supporting documents (including the Federal Register 
notices of the original proposed and final authorizations, and the 
previously issued and renewal IHAs), as well as a list of the 
references cited in this document, may be obtained online at: https://www.fisheries.noaa.gov/national/marine-mammal-protection/incidental-take-authorizations-other-energy-activities-renewable. In case of 
problems accessing these documents, please call the contact listed 
below.

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

SUPPLEMENTARY INFORMATION:

Background

    The MMPA prohibits the ``take'' of marine mammals, with certain 
exceptions. Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 
et seq.) direct the Secretary of Commerce (as delegated to NMFS) to 
allow, upon request, the incidental, but not intentional, taking of 
small numbers of marine mammals by U.S. citizens who engage in a 
specified activity (other than commercial fishing) within a specified 
geographical region if certain findings are made and either regulations 
are 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.

History of Request

    On May 11, 2023, NMFS issued an IHA to SouthCoast Wind to take 
marine mammals incidental to marine site characterization off 
Massachusetts and Rhode Island in the New England region, specifically 
within BOEM Lease Area OCS-A-0521 and associated ECR areas (88 FR 
31678, May 18, 2023), effective from May 12, 2023 through May 11, 2024. 
This 2023 IHA was substantially similar to the prior 2021 IHA 
associated with identical survey activities in the same lease area (86 
FR 27393, May 20, 2021; 86 FR 38033, July 19, 2021) and, therefore, 
Federal Register notices for the 2023 IHA relied heavily upon 
information originally presented in Federal Register notices for the 
2021 IHA.
    On July 1, 2024, NMFS received an application from SouthCoast Wind 
for the renewal of the initial 2023 IHA. As described in the 
application for renewal, the activities for which authorization of 
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 applicant also provided a monitoring 
report (available at https://www.fisheries.noaa.gov/action/incidental-take-authorization-southcoast-wind-energy-llcs-marine-site-characterization) 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. The notice of the 
proposed renewal incidental harassment authorization was published on 
September 19, 2024 (89 FR 76796). There are no changes from the 
proposed authorization to this final authorization.

[[Page 85158]]

Description of the Specified Activities and Anticipated Impacts

    Under the initial IHA, SouthCoast Wind planned to conduct marine 
site characterization surveys, including high-resolution geophysical 
(HRG) surveys, in waters off Massachusetts and Rhode Island, 
specifically within BOEM Lease Area OCS-A 0521 and associated ECR 
areas. SouthCoast Wind's 2023 survey plan included a total of 
approximately 2,700 km tracklines. However, only 718 km of survey 
tracklines were completed. SouthCoast Wind was unable to complete the 
planned surveys associated with the 2023 IHA prior to its expiration.
    Under the renewal IHA, SouthCoast Wind is planning to complete a 
subset of the activities during the remainder of October 2024--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 applications for the 2021 and 
2023 IHAs. 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. A 
total of up to 700 km (435 mi) of trackline (500 km (311 mi) in the 
Lease Area (Inter-Array Cable surveys) and 200 km (124 mi) in the ECC 
will be surveyed (table 1). On average, approximately 50 km (31 mi) 
will be surveyed per day within the Lease Area and 15 km (9 mi) per day 
within the ECC, resulting in 10 active sound source days in the Lease 
Area and approximately 14 active sound source days 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 four 
vessels being utilized concurrently to conduct the surveys, and this 
would be unchanged under the 2024-2025 renewal IHA. There are no 
changes to mitigation and monitoring requirements from the 2023-2024 
IHA to this 2024 IHA renewal. The only changes under this renewal IHA 
are that fewer trackline kilometers will be surveyed, there will be 
fewer sound source days, and fewer vessel days. More information can be 
found in the following Federal Register notices (86 FR 27393, May 20, 
2021; 86 FR 38033, July 19, 2021; 88 FR 14335, March 8, 2023; 88 FR 
31678, May 18, 2023; 89 FR 76796, September 19, 2024).

                  Table 1--Geophysical Surveys Completed in 2023-2024 and Tracklines Remaining
                                                     [In Km]
----------------------------------------------------------------------------------------------------------------
                                                                           Total trackline
                      Location                          IHA trackline      completed 2023-    Planned trackline
                                                      planned 2023-2024          2024             2024-2025
----------------------------------------------------------------------------------------------------------------
ECC--Potential HDD.................................                  750                  0              \a\ 200
Lease Area--Inter-array Cable......................                1,950                718              \a\ 500
----------------------------------------------------------------------------------------------------------------
\a\ The length of the planned trackline is reduced from the original scope described for 2023 IHA.

    The potential impacts of SouthCoast Wind's planned activities on 
marine mammals involve potential acoustic stressors and are unchanged 
from the impacts described in the Federal Register notices for the 2021 
IHA (86 FR 27393, May 20, 2021; 86 FR 38033, July 19, 2021). Underwater 
sound, resulting from particular components of SouthCoast Wind's HRG 
survey activities, has the potential to result in incidental take of 
marine mammals, in the form of Level B harassment only, in the 
specified geographic region. This renewal IHA is for a subset of the 
work that was not completed by the expiration date of the initial IHA. 
The renewal IHA authorizes incidental take, by Level B harassment only, 
of 15 species (comprising 15 stocks) of marine mammals for a subset of 
marine site characterization survey activities to be completed in less 
than 1 year (i.e., by May 11, 2025), in the same general area, using 
survey methods identical to those conducted under the initial IHA. 
Neither SouthCoast Wind nor NMFS expects serious injury or mortality to 
result from this activity and, therefore, an IHA is appropriate. Take 
by Level A harassment (injury) is unlikely, even absent mitigation, 
based on the characteristics of the signals produced by the acoustic 
sources planned for use. Therefore, the anticipated effects on marine 
mammals and the affected stocks also remain the same. All mitigation, 
monitoring, and reporting measures would remain exactly as required by 
the initial IHA (88 FR 31678, May 18, 2023).

Detailed Description of the Activity

    A detailed description of the marine site characterization survey 
activities for which incidental take is authorized here may be found in 
the Federal Register notices for the 2021 IHA (86 FR 27393, May 20, 
2021; 86 FR 38033, July 19, 2021). The specific geographic region, 
survey location, specified activities, including the types of survey 
equipment and number of survey vessels 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 (88 FR 14335, March 8, 2023; 88 FR 31678, 
May 18, 2023). Between May 18 and July 10, 2023, a total of 55 survey 
days and 718 km (446 mi) of tracklines were completed. SouthCoast Wind 
proposes to conduct a subset (700 km (435 mi)) of the tracklines that 
were not completed prior to the expiration of the 2023 IHA (table 1).

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 previous 
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 (UME), and other 
scientific literature.
    The draft 2023 SAR updated the population estimate (Nbest) of North 
Atlantic right whales (NARW) 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 NARW 
mortality during the period 2017-2021 was 7.1 animals and annual 
average observed fishery mortality was 4.6 animals, however,

[[Page 85159]]

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 NARW 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., NARW, 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 described in table 2 of the Federal Register 
notice proposing this renewal IHA (89 FR 76796, September 19, 2024). 
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.

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 take is 
authorized may be found in the Federal Register notices for the 2021 
IHA (86 FR 11930, March 1, 2021; 86 FR 27393, May 20, 2021; 86 FR 
38033, July 19, 2021) and are incorporated by reference in the 2023 IHA 
(88 FR 14335, March 8, 2023; 88 FR 31678, May 18, 2023). NMFS has 
reviewed the monitoring data from the initial 2023 IHA, recent draft 
SARs, information on relevant UMEs, other scientific literature, and 
public comments, 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 is found in the Federal Register 
notices for the 2021 IHA (86 FR 11930, March 1, 2021; 86 FR 27393, May 
20, 2021; 86 FR 38033, July 19, 2021), and is incorporated by reference 
in both the proposed 2023 IHA (the initial authorization) (88 FR 14335, 
March 8, 2023), and the proposed renewal IHA (89 FR 76796, September 
19, 2024). The applicable source levels and marine mammal density/
occurrence data used to estimate take remain unchanged from those used 
in support of the initial IHA. Similarly, the stocks taken, methods of 
take, and types of take remain unchanged from the initial IHA. The 
number of takes authorized in this renewal IHA are a subset of the 
initial authorized takes that better represent the amount of activity 
that SouthCoast Wind has left to complete. These estimated takes, which 
reflect the remaining survey days, are indicated below in table 2.

Table 2--Number of Authorized Takes, by Level B Harassment, and Percentages of Each Stock Abundance for the 2024-
                                               2025 Survey Period
----------------------------------------------------------------------------------------------------------------
                                                                     Combined density                 Percentage
                      Species                         NMFS stock     based calculated    Authorized    of stock
                                                       abundance           takes           takes      abundance
----------------------------------------------------------------------------------------------------------------
NARW..............................................             340                 1.2        \a\ 2         0.59
Fin whale.........................................           6,802                 0.5        \c\ 3         0.04
Sei whale.........................................           6,292                 0.3        \a\ 2         0.03
Minke whale.......................................          21,968                 2.7            3         0.02
Humpback whale....................................           1,396                 0.5       \b\ 11         0.86
Sperm whale.......................................           5,895                 0.1        \a\ 2         0.03
Atlantic white-sided dolphin......................          93,233                 5.8       \a\ 28         0.03
Atlantic spotted dolphin..........................          31,506                 1.0       \a\ 29         0.09
Common bottlenose dolphin.........................          64,587                 3.0       \b\ 31         0.05
Long finned pilot whale...........................          39,215                 0.4        \a\ 8         0.02
Risso's dolphin...................................          44,067                 0.5        \a\ 5         0.02
Common dolphin....................................          93,100                49.3      \b\ 429         0.46
Harbor porpoise...................................          85,765                  19           19         0.02
Gray seal.........................................          27,911                32.4           32         0.12
Harbor seal.......................................          61,366                14.4           14         0.24
----------------------------------------------------------------------------------------------------------------
\a\ Take increased to the species assumed 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 Protected Species Observer (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 two. However, we increase the authorized take number to
  three to equal the number of whales reported observed within the estimated harassment zone by SouthCoast
  during 2023-2024 survey effort.

Description of Mitigation, Monitoring and Reporting Measures

    The 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 remains accurate. 
The following identical measures are included in this renewal:
     Ramp-up: A ramp-up procedure would be used for geophysical 
survey equipment capable of adjusting energy levels (i.e., any acoustic 
source with a non-binary switch) at the start or re-start of survey 
activities;
     PSOs: A minimum of one NMFS-approved 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). Two PSOs would be on duty during nighttime operations;
     Pre-Operation Clearance Protocols: Prior to initiating HRG 
survey activities, SouthCoast Wind would be required to implement a 30-
minute pre-operation clearance period. If any marine mammals are 
detected within the shutdown zones prior to or during ramp-up, the HRG 
equipment would be shut down (as described below);
     Shutdown Zones: If an HRG source is active and a marine 
mammal is

[[Page 85160]]

observed within or entering a relevant shutdown zone, an immediate 
shutdown of the HRG survey equipment would be required. We note that 
this shutdown requirement would be waived for certain genera of small 
delphinids (i.e., Delphinus, Lagenorhynchus, Stenella, or Tursiops) and 
pinnipeds;
     Vessel Strike Avoidance Measures: 500 m (1, 640 feet (ft)) 
separation distances for NARWs and other large Endangered Species Act 
(ESA) listed whales (i.e., fin whale, sei whale, and sperm whale), 100 
m (328 ft) for other non-ESA listed baleen whales (i.e., minke whale 
and humpback whale), and 50 m (164 ft) for all other marine mammals); 
as well as restricted vessel speeds and operational maneuvers; and
     Reporting: SouthCoast Wind would submit a marine mammal 
report within 90 days following their completion of the surveys.

Comments and Responses

    A notice of NMFS' proposal to issue a renewal IHA to SouthCoast 
Wind was published in the Federal Register on September 19, 2024 (89 FR 
76796). That notice either described, or referenced descriptions of, 
SouthCoast Wind's activity, the marine mammal species that may be 
affected by the activity, the anticipated effects on marine mammals and 
their habitat, estimated amount and manner of take, and proposed 
mitigation, monitoring and reporting measures. During the 15-day public 
comment period, NMFS received one comment letter from an environmental 
non-governmental organization, Oceana, Inc. The comments, and NMFS' 
responses, are summarized below, and the letter is available online on 
NMFS' website: https://www.fisheries.noaa.gov/permit/incidental-take-authorizations-under-marine-mammal-protection-act. Please review the 
comment letter found on NMFS' website for full details regarding the 
comments and associated rationale.
    Comment 1: Oceana raised objections to NMFS' proposed renewal 
process for potential extension of the 1-year IHA with an abbreviated 
15-day public comment period. Oceana recommended that an additional 30-
day public comment period is necessary for any IHA renewal request.
    Response: NMFS' IHA renewal process meets all statutory 
requirements. In prior responses to comments about IHA renewals (e.g., 
84 FR 52464, October 2, 2019; 85 FR 53342, August 28, 2020), NMFS 
explained the IHA renewal process is consistent with the statutory 
requirements contained in section 101(a)(5)(D) of the MMPA, and further 
promotes NMFS' goals of improving conservation of marine mammals and 
increasing efficiency in the MMPA compliance process. Therefore, we 
intend to continue to implement the existing renewal process.
    All IHAs issued, whether an initial IHA or a renewal, are valid for 
a period of not more than 1 year. The public has 30 days to comment on 
proposed IHAs, with a cumulative total of 45 days for IHA renewals. The 
notice of the proposed IHA published in the Federal Register on March 
8, 2023 (88 FR 14335) 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 IHA. 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.
    Renewal requests must include documentation that NMFS uses to 
verify eligibility for renewal, i.e., 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 also confirms, 
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 must also contain preliminary monitoring 
data, 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 documents, provide any 
additional pertinent information, and comment on whether NMFS' criteria 
for 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 clarification of the process through responses to comments such 
as these, posting of documents on the agency's website, and provision 
of 30 or 45 (cumulative) 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.
    Comment 2: Oceana stated that NMFS must rely upon the best 
available science, and suggested that NMFS has not done so, 
specifically referencing information regarding the NARW such as updated 
population estimates, habitat usage in the survey area, and seasonality 
information. Oceana specifically

[[Page 85161]]

asserted that NMFS is not using the best available scientific evidence 
with regards to the NARW population estimate. Specifically, for 
population estimates, Oceana suggests the NARW Consortium's Annual 
Report Card (Report Card) is the best available science.
    Response: NMFS agrees the best available scientific evidence should 
be used for assessing NARW abundance estimates. As detailed in the 
Federal Register notice for the proposed renewal IHA, NMFS reviewed and 
relied on the draft 2023 SAR (89 FR 76796, Sept. 19, 2024). However, we 
note that whether the SAR value of 340 or the updated value of 356 (see 
below) is used does not affect the necessary determinations related to 
NARW and use of the lower SAR value is conservative. 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 North Atlantic Right Whale 
Consortium 2023 Report Card is available (https://www.narwc.org/report-cards.html), and presents the same population estimate as the NMFS 2023 
technical report (Linden 2023). We note that this difference in 
abundance estimate does not change the estimated take of NARWs or 
authorized take numbers, nor does it meaningfully influence the 
required findings under the MMPA for the issuance of an IHA to 
SouthCoast Wind for the proposed survey activities.
    In sum, NMFS considered the best available scientific evidence 
regarding both recent habitat usage patterns for the study area and up-
to-date seasonality information in the notice of the proposed IHA, 
including consideration of existing biologically important areas (BIAs) 
and densities provided by Roberts et al. (2024). While the commenter 
has suggested that NMFS consider best available scientific evidence for 
recent habitat usage patterns and seasonality, the commenter has not 
offered any additional scientific information that it suggests should 
be considered best available scientific evidence.
    Comment 3: Oceana noted that chronic stressors are an emerging 
concern for NARW conservation and recovery, and stated that chronic 
stress may result in energetic effects for NARWs. Oceana suggested that 
NMFS has not fully considered both the use of the area and the effects 
of both acute and chronic stressors on the health and fitness of NARWs, 
as disturbance responses in NARWs could lead to chronic stress or 
habitat displacement, leading to an overall decline in their health and 
fitness.
    Response: NMFS agrees with Oceana that both acute and chronic 
stressors are of concern for NARW conservation and recovery. We 
recognize that acute stress from acoustic exposure is one potential 
impact of these surveys, and that chronic stress can have fitness, 
reproductive, etc. impacts at the population-level scale. NMFS has 
carefully reviewed the best available scientific information in 
assessing impacts to marine mammals, and recognizes that the surveys 
have the potential to impact marine mammals through behavioral effects 
and stress responses. However, NMFS does not expect that the generally 
short-term, intermittent, and transitory marine site characterization 
survey activities planned by SouthCoast Wind will create conditions of 
acute or chronic acoustic exposure leading to long-term physiological 
stress responses in marine mammals. NMFS has prescribed a robust suite 
of mitigation measures, including extended distance shutdowns for NARW, 
that are expected to further reduce the duration and intensity of 
acoustic exposure, while limiting the potential severity of any 
possible behavioral disruption. The potential for chronic stress was 
evaluated in making the determinations presented in NMFS' negligible 
impact analyses.
    SouthCoast Wind's survey area is near a known NARW foraging 
location in the New England region, as well as overlapping a small 
fraction of the migratory corridor used by NARW in a transitory manner 
for annual migratory activities. Given that the potential impacts for 
these types of surveys are expected to be low level, in part as a 
result of the brief periods where harassment-level noise exposure may 
be possible, we do not expect chronic effects to occur as a result of 
SouthCoast Wind's surveys. Furthermore, the limited range to the 
estimated harassment zone of the largest acoustic source (141 m (463 
ft)) and the survey path within and near the SouthCoast Wind lease 
means that the area where NARWs are known to concentrate within 
Nantucket Shoals would not be impacted. Because of this, we do not 
expect effects to include reduced foraging opportunities for NARWs. 
NMFS does not expect acute or cumulative stress to be a detrimental 
factor to NARWs from SouthCoast Wind's described survey activities.
    Lastly, NMFS does not find that the effects of SouthCoast Wind's 
survey may contribute to stunted growth rates as suggested by Oceana's 
comments. The activities associated with SouthCoast Wind's survey are 
outside the scope of activities described in the Stewart et al. (2021) 
paper, which finds that entanglements in fishing gear are associated 
with shorter whales. There is no evidence suggesting that the survey 
activities considered herein could have energetic effects similar to 
those caused by entanglement in fishing gear. Therefore, NMFS does not 
expect stunted growth rates to result from SouthCoast Wind's described 
survey activities.
    Comment 4: Oceana asserted that NMFS must fully consider the 
discrete effects of each activity and the cumulative effects of the 
suite of approved, proposed and potential activities on marine mammals 
and NARWs in particular and ensure that the cumulative effects are not 
excessive before issuing or renewing an IHA.
    Response: Neither the MMPA nor NMFS' codified implementing 
regulations call for consideration of other unrelated activities and 
their impacts on populations. The preamble for NMFS' implementing 
regulations (54 FR 40338, September 29, 1989) states in response to 
comments that the impacts from other past and ongoing anthropogenic 
activities are to be incorporated into the negligible impact analysis 
via their impacts on the baseline. Consistent with that direction, NMFS 
has factored into its negligible impact analysis the impacts of other 
past and ongoing anthropogenic activities via their impacts on the 
baseline, e.g., as reflected in the density/distribution and status of 
the species, population size and growth rate, and other relevant 
stressors. The 1989 final rule for the MMPA implementing regulations 
also addressed public comments regarding cumulative effects from 
future, unrelated activities. There NMFS stated that such effects are 
not considered in making findings under section 101(a)(5) concerning 
negligible impact. In this case, this IHA, as well as

[[Page 85162]]

other IHAs currently in effect or proposed within the specified 
geographic region, are appropriately considered an unrelated activity 
relative to the others. The IHAs are unrelated in the sense that they 
are discrete actions under section 101(a)(5)(D), issued to discrete 
applicants.
    Section 101(a)(5)(D) of the MMPA requires NMFS to make a 
determination that the take incidental to a ``specified activity'' will 
have a negligible impact on the affected species or stocks of marine 
mammals. NMFS' implementing regulations require applicants to include 
in their request a detailed description of the specified activity or 
class of activities that can be expected to result in incidental taking 
of marine mammals (50 CFR 216.104(a)(1)). Thus, the ``specified 
activity'' for which incidental take coverage is being sought under 
section 101(a)(5)(D) is generally defined and described by the 
applicant. Here, SouthCoast Wind was the applicant for the IHA, and we 
are responding to the specified activity as described in that 
application (and making the necessary findings on that basis).
    Through the response to public comments in the 1989 implementing 
regulations (54 FR 40338, September 29, 1989), NMFS also indicated (1) 
that we would consider cumulative effects that are reasonably 
foreseeable when preparing a National Environmental Protection Act 
(NEPA) analysis, and (2) that reasonably foreseeable cumulative effects 
would also be considered under section 7 of the ESA for listed species, 
as appropriate. Accordingly, NMFS has written Environmental Assessments 
(EA) that addressed cumulative impacts related to substantially similar 
activities, in similar locations, e.g., the 2019 Avangrid EA for survey 
activities offshore North Carolina and Virginia; the 2017 Ocean Wind, 
LLC EA for site characterization surveys off New Jersey; and the 2018 
Deepwater Wind EA for survey activities offshore Delaware, 
Massachusetts, and Rhode Island. Cumulative impacts regarding issuance 
of IHAs for site characterization survey activities, such as those 
planned by SouthCoast Wind, have been adequately addressed under NEPA 
in prior environmental analyses that support NMFS' determination that 
this action is appropriately categorically excluded from further NEPA 
analysis. NMFS independently evaluated the use of a categorical 
exclusion (CE) for issuance of SouthCoast Wind's IHA, which included 
consideration of extraordinary circumstances.
    Separately, the cumulative effects of substantially similar 
activities in the northwest Atlantic Ocean have been analyzed in the 
past under section 7 of the ESA when NMFS has engaged in formal intra-
agency consultation, such as the 2013 programmatic Biological Opinion 
for BOEM Lease and Site Assessment Activities on the Atlantic Outer 
Continental Shelf in Rhode Island, Massachusetts, New York, and New 
Jersey Wind Energy Areas (https://repository.library.noaa.gov/view/noaa/29291).
    Analyzed activities include those for which NMFS issued previous 
IHAs (82 FR 31562, July 7, 2017; 85 FR 21198, April 16, 2020; 86 FR 
26465, May 10, 2021), which are similar to those planned by SouthCoast 
Wind under this current IHA request. This Biological Opinion determined 
that NMFS' issuance of IHAs for site characterization survey activities 
associated with leasing, individually and cumulatively, are not likely 
to adversely affect listed marine mammals. NMFS notes that, while 
issuance of this IHA is covered under a different consultation, this 
Biological Opinion remains valid. Additionally, to date, Biological 
Opinions have been developed and completed for several ongoing offshore 
wind construction projects, which all include ongoing HRG survey effort 
similar to that considered here (see the final Biological Opinions for 
Ocean Wind 1 (https://repository.library.noaa.gov/view/noaa/49689), 
Revolution Wind's original (https://repository.library.noaa.gov/view/noaa/51759) and reinitiated (https://www.fisheries.noaa.gov/s3/2024-05/2024-Rev-Wind-BiOp-508.pdf), CVOW-C (https://repository.library.noaa.gov/view/noaa/55495), Empire Wind (https://repository.library.noaa.gov/view/noaa/55324), Sunrise Wind (https://repository.library.noaa.gov/view/noaa/55726), New England Wind (https://repository.library.noaa.gov/view/noaa/60610), and Maryland Wind 
(https://repository.library.noaa.gov/view/noaa/61632)). These 
Biological Opinions for larger-scale construction and development 
projects have all assessed the cumulative activities occurring within 
the relevant project areas, which include HRG activities occurring 
under IHAs, as well as HRG surveys and other construction activities 
occurring under Incidental Take Regulations and associated issued 
Letters of Authorization. In all cases, the HRG surveys analyzed within 
these Biological Opinions are of substantially similar activities, 
using the same or similar acoustic sources as those planned for use by 
SouthCoast Wind under this renewal IHA. Based on this information, NMFS 
believes the discrete and cumulative effects have been adequately 
analyzed and considered under these existing documents.
    Comment 5: Oceana states that NMFS must make an assessment of which 
activities, technologies, and strategies are truly necessary to achieve 
site characterization to inform development of the offshore wind 
projects and which are not critical, asserting that NMFS should 
prescribe the appropriate survey techniques. In general, Oceana stated 
that NMFS must require that all IHA applicants minimize the impacts of 
underwater noise to the fullest extent feasible, including through the 
use of best available technology and methods to minimize sound levels 
from geophysical surveys such as through the use of technically and 
commercially feasible and effective noise reduction and attenuation 
measures.
    Response: The MMPA requires that an IHA include measures that will 
effect the least practicable adverse impact on the affected species and 
stocks and, in practice, NMFS agrees that the IHA should include 
conditions for the survey activities that will first avoid adverse 
effects on NARWs in and around the survey site, where practicable, and 
then minimize the effects that cannot be avoided. NMFS has determined 
that the IHA meets this requirement to effect the least practicable 
adverse impact. As part of the analysis for all marine site 
characterization survey IHAs, NMFS evaluated the effects expected as a 
result of the specified activity, made the necessary findings, and 
prescribed mitigation requirements sufficient to achieve the least 
practicable adverse impact on the affected species and stocks of marine 
mammals. It is not within NMFS' purview to set the activities, 
technologies, and strategies that one may employ to meet their survey 
objectives.
    Comment 6: Oceana states that SouthCoast Wind's activities will 
increase vessel traffic in and around the project area and that the IHA 
must include a vessel traffic plan to minimize the effects of increased 
vessel traffic.
    Response: NMFS disagrees with Oceana's statement that the IHA must 
require a vessel traffic plan. During HRG surveys, there are no service 
vessels required. NMFS agrees that a vessel plan may be potentially 
appropriate for project construction, but it is not needed for marine 
site characterization surveys. A vessel traffic plan is not required 
because 24 total days of SouthCoast Wind HRG surveys are not expected 
to increase vessel traffic in the project area substantially in 
comparison to existing

[[Page 85163]]

vessel traffic. Vessel strike avoidance measures are required under the 
renewal IHA, and explained in detail in the response to comment number 
eight.
    Comment 7: Oceana suggests that PSOs complement their survey 
efforts using additional technologies, such as infrared detection 
devices when in low-light conditions.
    Response: NMFS agrees with Oceana regarding this suggestion and a 
requirement to utilize a thermal (infrared) device during low-light 
conditions was included in section 5(d)(i) of the proposed renewal's 
draft IHA. That requirement is included in the renewal IHA.
    Comment 8: Oceana recommended that NMFS restrict all vessels of all 
sizes associated with the proposed survey activities to speeds less 
than 10 knots (kn) (18.5 kilometer/hour (km/hour))) at all times due to 
the risk of vessel strikes to NARWs and other large whales.
    Response: While NMFS acknowledges that vessel strikes can result in 
injury or mortality, we have analyzed the potential for vessel strike 
resulting from SouthCoast Wind's activity and have determined that 
based on the nature of the activity and the required mitigation 
measures specific to vessel strike avoidance included in the IHA, 
potential for vessel strike is so low as to be discountable. The 
required mitigation measures, all of which were included in the 
proposed IHA and are now required in the final IHA, include: A 
requirement that all vessel operators comply with 10 kn (18.5 km/hour) 
or less speed restrictions in any seasonal management area (SMA), 
dynamic management area (DMA), or Slow Zone while underway, and check 
daily for information regarding the establishment of mandatory or 
voluntary vessel strike avoidance areas (SMAs, DMAs, Slow Zones) and 
information regarding NARW sighting locations; a requirement that all 
vessels greater than or equal to 19.8 m (65 ft) in overall length 
operating from November 1 through April 30 operate at speeds of 10 kn 
(18.5 km/hour) or less; a requirement that all vessel operators reduce 
vessel speed to 10 kn (18.5 km/hour) or less when any large whale, any 
mother/calf pairs, pods, or large assemblages of non-delphinid 
cetaceans are observed near the vessel; a requirement that all survey 
vessels maintain a separation distance of 500 m (1,640 ft or greater 
from NARWs (100 m (328 ft) from any ESA-listed whales) or other 
unidentified large marine mammals visible at the surface while 
underway; a requirement that, if underway, vessels must steer a course 
away from any sighted ESA-listed whale at 10 kn (18.5 km/hour) or less 
until the 100 m (328 ft) minimum separation distance (or 500 m (1,640 
ft) distance for NARWs) has been established; a requirement that, if an 
ESA-listed whale is sighted in a vessel's path, or within 100 m (328 
ft) of an underway vessel (500 m (1,640 ft) for a NARW), the underway 
vessel must reduce speed and shift the engine to neutral; and, a 
requirement that all vessels underway must maintain a minimum 
separation distance of 100 m (328 ft) from all other marine mammals 
(excluding NARWs), with an understanding that at times this may not be 
possible (e.g., for animals that approach the vessel). We have 
determined that the vessel strike avoidance measures in the IHA are 
sufficient to ensure the least practicable adverse impact on species or 
stocks and their habitat. Furthermore, no documented vessel strikes 
have occurred for any marine site characterization surveys which were 
issued IHAs from NMFS during the survey activities themselves or while 
transiting to and from survey sites.
    Comment 9: Oceana suggests that NMFS require vessels maintain a 
separation distance of at least 500 m (1,640 ft) from NARWs at all 
times.
    Response: NMFS agrees with Oceana regarding this suggestion and a 
requirement to maintain a separation distance of at least 500 m (1,640 
ft) from NARWs at all times was included in the proposed renewal's 
Federal Register notice and was included as a requirement in the issued 
renewal IHA. This separation requirement was also a measure in the 
initial 2023 IHA.
    Comment 10: Oceana recommended that the IHA should require all 
vessels supporting site characterization to be equipped with and use 
Class A Automatic Identification System (AIS) devices at all times 
while on the water. Oceana suggested this requirement should apply to 
all vessels, regardless of size, associated with the survey.
    Response: NMFS is generally supportive of the idea that vessels 
involved with survey activities be equipped with and use Class A AIS 
devices at all times while on the water. Indeed, there is a precedent 
for NMFS requiring such a stipulation for geophysical surveys in the 
Atlantic Ocean (83 FR 63268, December 7, 2018); however, these seismic 
surveys carried the potential for much more significant impacts than 
the marine site characterization surveys planned by SouthCoast Wind. 
Given the comparatively small footprint of potential effects and 
correspondingly low level of concern regarding HRG survey activities, 
NMFS has determined that the operational costs associated with a 
requirement to equip vessels, who would otherwise not be required to 
carry AIS, are not warranted under the MMPA's least practicable adverse 
impact standard.
    Comment 11: Oceana asserts that the IHA must include requirements 
to hold all vessels associated with site characterization surveys 
accountable to the IHA requirements, including vessels owned by the 
developer, contractors, employees, and others regardless of ownership, 
operator, and contract. They state that exceptions and exemptions will 
create enforcement uncertainty and incentives to evade regulations 
through reclassification and redesignation. They recommend that NMFS 
simplify this by requiring all vessels to abide by the same 
requirements, regardless of size, ownership, function, contract, or 
other specifics.
    Response: NMFS agrees with Oceana and the proposed IHA and final 
IHA has general conditions to hold SouthCoast Wind and its designees 
(including vessel operators and other personnel) accountable while 
performing operations under the authority of the IHA. The plain 
language of the renewal IHA indicates that the conditions contained 
therein apply to SouthCoast Wind and its designees. The renewal IHA 
requires that a copy of the IHA must be in the possession of SouthCoast 
Wind, the vessel operators, the lead PSO, and any other relevant 
designees of SouthCoast Wind operating under the authority of this IHA. 
The renewal IHA also states that SouthCoast Wind must ensure that the 
vessel operator and other relevant vessel personnel, including the PSO 
team, are briefed on all responsibilities, communication procedures, 
marine mammal monitoring protocols, operational procedures, and IHA 
requirements prior to the start of survey activity, and when relevant 
new personnel join the survey operations.
    Comment 12: Oceana stated that the renewal IHA must include a 
requirement for all phases of the site characterization to subscribe to 
the highest level of transparency, including frequent reporting to 
Federal agencies. Oceana recommends requirements to report all visual 
and acoustic detections of NARWs and any dead, injured, or entangled 
marine mammals to NMFS or the Coast Guard as soon as possible and no 
later than the end of the PSO shift. Oceana states that to foster 
stakeholder relationships and allow public engagement and oversight of 
the permitting, the renewal IHA should require all reports and data to 
be accessible on a publicly available website.

[[Page 85164]]

    Response: NMFS agrees with the need for reporting and, indeed, the 
MMPA calls for IHAs to incorporate reporting requirements. As included 
in the proposed IHA, the final IHA includes requirements for reporting 
that supports Oceana's recommendations. SouthCoast Wind is required to 
submit a monitoring report to NMFS within 90 days after completion of 
survey activities that fully documents the methods and monitoring 
protocols, summarizes the data recorded during monitoring. PSO 
datasheets or raw sightings data must also be provided with the draft 
and final monitoring report.
    Further, the draft IHA and final IHA stipulate that if a NARW is 
observed at any time by any survey vessels, during surveys or during 
vessel transit, SouthCoast Wind must immediately report sighting 
information to the NMFS NARW Sighting Advisory System within 2 hours of 
occurrence, when practicable, or no later than 24 hours after 
occurrence. SouthCoast Wind may also report the sighting to the U.S. 
Coast Guard. Additionally, SouthCoast Wind must report any discoveries 
of injured or dead marine mammals to the Office of Protected Resources, 
NMFS, and to the New England/Mid-Atlantic Regional Stranding 
Coordinator as soon as feasible. This includes entangled animals. All 
reports and associated data submitted to NMFS are included on the 
website for public inspection.
    Daily visual and acoustic detections of NARWs and other large whale 
species along the Eastern Seaboard, as well as Slow Zone locations, are 
publicly available on WhaleMap (https://whalemap.org/WhaleMap/). 
Further, recent acoustic detections of NARWs and other large whale 
species are available to the public on NOAA's Passive Acoustic Cetacean 
Map website (https://apps-nefsc.fisheries.noaa.gov/pacm/#/narw).
    Comment 13: Oceana recommended increasing the shutdown zone to 
1,000 m (3,281 ft) for NARWs with requirements for HRG survey vessels 
to use PSOs and Passive Acoustic Monitoring (PAM) to establish and 
monitor these zones.
    Response: NMFS notes that the 500 m (1,640 ft) shutdown zone for 
NARWs exceeds the modeled distance to the largest 160 dB Level B 
harassment isopleth (141 m (463 ft) during sparker use) by a 
conservative margin to be extra cautious. Commenters do not provide a 
compelling rationale for why the shutdown zone should be even larger. 
Given that these surveys are relatively low impact and that, 
regardless, NMFS has prescribed a precautionary NARW shutdown zone that 
is larger (500 m (1,640 ft)) than the conservatively estimated largest 
harassment zone (141 m (463 ft)), NMFS has determined that the shutdown 
zone is appropriate and an expansion of the shutdown zone to 1,000 m 
(3,281 ft) is not warranted.
    Regarding the use of acoustic monitoring to implement the shutdown 
zones, NMFS does not anticipate that acoustic monitoring would be 
effective for a variety of reasons discussed below and therefore has 
not required it in this IHA. As described in the Description of 
Mitigation, Monitoring and Reporting Measures section, NMFS has 
determined that the prescribed mitigation and monitoring requirements 
are sufficient to effect the least practicable adverse impact on all 
affected species or stocks.
    The commenters do not explain why they expect that PAM would be 
effective in detecting vocalizing mysticetes, nor does NMFS agree that 
this measure is warranted, as it is not expected to be effective for 
use in detecting the species of concern. It is generally accepted that, 
even in the absence of additional acoustic sources, using a towed 
passive acoustic sensor to detect baleen whales (including NARWs) is 
not typically effective because the noise from the vessel, the flow 
noise, and the cable noise are in the same frequency band and will mask 
the vast majority of baleen whale calls. Vessels produce low-frequency 
noise, primarily through propeller cavitation, with main energy in the 
5-300 hertz (Hz) frequency range. Source levels range from about 140 to 
195 decibel (dB) re 1 micropascal ([mu]Pa) at 1 meter (NRC, 2003; 
Hildebrand, 2009), depending on factors such as ship type, load, and 
speed, and ship hull and propeller design. Studies of vessel noise show 
that it appears to increase background noise levels in the 71-224 Hz 
range by 10-13 dB (Hatch et al., 2012; McKenna et al., 2012; Rolland et 
al., 2012). PAM systems employ hydrophones towed in streamer cables 
approximately 500 m (1,640 ft) behind a vessel. Noise from water flow 
around the cables and from strumming of the cables themselves is also 
low frequency and typically masks signals in the same range. 
Experienced PAM operators participating in a recent workshop (Thode et 
al., 2017) emphasized that a PAM operation could easily report no 
acoustic encounters, depending on species present, simply because 
background noise levels rendered any acoustic detection impossible. The 
same workshop report stated that a typical eight-element array towed 
500 m (1,640 ft) behind a vessel could be expected to detect 
delphinids, sperm whales, and beaked whales at the required range, but 
not baleen whales, due to expected background noise levels (including 
seismic noise, vessel noise, and flow noise).
    There are several additional reasons why we do not agree that use 
of PAM is warranted for 24-hour HRG surveys. While NMFS agrees that PAM 
can be an important tool for augmenting detection capabilities in 
certain circumstances, its utility in further reducing impact during 
HRG survey activities is limited. First, for this activity, the area 
expected to be ensonified above the Level B harassment threshold is 
relatively small (a maximum of 141 m (463 ft)); this reflects the fact 
that, to start with, the source level is comparatively low and the 
intensity of any resulting impacts would be lower level and, further, 
it means that inasmuch as PAM will only detect a portion of any animals 
exposed within a zone, the overall probability of PAM detecting an 
animal in the harassment zone is low. Together these factors support 
the limited value of PAM for use in reducing take with smaller zones. 
PAM is only capable of detecting animals that are actively vocalizing 
and, many marine mammal species vocalize infrequently or during certain 
activities, which means that only a subset of the animals within the 
range of the PAM would be detected (and potentially have reduced 
impacts). Additionally, localization and range detection can be 
challenging under certain scenarios. For example, odontocetes are fast 
moving and often travel in large or dispersed groups which makes 
localization difficult.
    Given that the effects to marine mammals from the types of surveys 
authorized in this IHA are expected to be limited to low level 
behavioral harassment even in the absence of mitigation, the limited 
additional benefit anticipated by adding this detection method 
(especially for NARW and other low frequency cetaceans, species for 
which PAM has limited efficacy), and the cost and impracticability of 
implementing a full-time PAM program, we have determined the current 
requirements for visual monitoring are sufficient to ensure the least 
practicable adverse impact on the affected species or stocks and their 
habitat.
    Comment 14: Oceana recommended that when HRG surveys are allowed to 
resume after a shutdown event, the surveys should be required to use a 
ramp-up procedure to encourage any nearby marine life to leave the 
area.
    Response: NMFS agrees with this recommendation and included in the 
Federal Register notice of the proposed IHA (88 FR 14335, March 8, 
2023) and

[[Page 85165]]

this final IHA a stipulation that when technically feasible, survey 
equipment must be ramped up at the start or restart of survey 
activities. Ramp-up must begin with the power of the smallest acoustic 
equipment at its lowest practical power output appropriate for the 
survey. When technically feasible the power must then be gradually 
turned up and other acoustic sources added in a way such that the 
source level would increase gradually. NMFS notes that ramp-up would 
not be required for short periods where acoustic sources were shut down 
(i.e., less than 30 minutes) if PSOs have maintained constant visual 
observation and no detections of marine mammals occurred within the 
applicable shutdown zones.

Changes From Proposed to Final Renewal IHA

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

Determinations

    SouthCoast Wind's planned activities consist of a subset of 
activities analyzed in the initial IHA. In analyzing the effects of the 
activities for the initial IHA, NMFS determined that SouthCoast Wind 's 
activities would have a negligible impact on the affected species or 
stocks and that authorized take numbers of each species or stock were 
small relative to the relevant stocks (e.g., less than one-third the 
abundance of all stocks). The required mitigation measures and 
monitoring and reporting requirements, as described above, are 
identical to the initial IHA.
    NMFS has 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 draft 2023 SAR 
estimated abundance of the NARW stock and other stocks, as shown in 
table 2 of the Federal Register notice for the proposed renewal IHA (89 
FR 76796, September 19, 2024). NMFS has authorized two takes of NARW, 
by Level B harassment only, and the impacts resulting from the 
project's activities are neither reasonably expected nor reasonably 
likely to adversely affect the stock through effects on annual rates of 
recruitment or survival. Additionally, only about 0.59 percent of this 
stock's abundance is authorized to be taken by Level B harassment.
    Based on the information and analysis contained here and in the 
referenced documents, NMFS has determined the following: (1) the 
required mitigation measures will effect the least practicable impact 
on marine mammal species or stocks and their habitat; (2) the 
authorized takes will have a negligible impact on the affected marine 
mammal species or stocks; (3) the authorized takes represent small 
numbers of marine mammals relative to the affected stock abundances; 
(4) SouthCoast Wind'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.

National Environmental Policy Act

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

Endangered Species Act

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

Renewal

    NMFS has issued a renewal IHA to SouthCoast Wind for the take of 15 
species (comprising 16 stocks) of marine mammals incidental to 
conducting marine site characterization surveys offshore of 
Massachusetts and Rhode Island in the BOEM Lease Area OCS-A 0521 and 
associated ECR areas, which include the previously explained 
mitigation, monitoring, and reporting requirements.

    Dated: October 22, 2024.
Kimberly Damon-Randall,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2024-24889 Filed 10-24-24; 8:45 am]
BILLING CODE 3510-22-P