[Federal Register Volume 76, Number 135 (Thursday, July 14, 2011)]
[Notices]
[Pages 41486-41487]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17762]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

[RIN 0648-XA562]


Taking and Importing Marine Mammals; Taking Marine Mammals 
Incidental to Operation and Maintenance of the Neptune Liquefied 
Natural Gas Facility off Massachusetts

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

ACTION: Notice of issuance of a Letter of Authorization.

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SUMMARY: In accordance with the Marine Mammal Protection Act (MMPA), as 
amended, and implementing regulations, notification is hereby given 
that a Letter of Authorization (LOA) has been issued to Neptune LNG LLC 
(Neptune) to take marine mammals, by harassment, incidental to port 
commissioning and operations, including maintenance and repair 
activities, at the Neptune Deepwater Port (the Port) in Massachusetts 
Bay.

DATES: Effective from July 12, 2011, through July 10, 2016.

ADDRESSES: The LOA and supporting documentation may be obtained by 
writing to Michael Payne, Chief, Permits, Conservation and Education 
Division, Office of Protected Resources, NMFS, 1315 East-West Highway, 
Silver Spring, MD 20910, calling the contact listed under FOR FURTHER 
INFORMATION CONTACT, or visiting the Internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm. Documents cited in this 
notice may also be viewed, by appointment, during regular business 
hours at the above address.
    The Final Environmental Impact Statement (Final EIS) on the Neptune 
Deepwater Port License Application authored by the Maritime 
Administration (MARAD) and U.S. Coast Guard (USCG) is available for 
viewing at http://www.regulations.gov by entering the search words 
``Neptune LNG.'' FOR FURTHER INFORMATION CONTACT: Candace Nachman, 
Office of Protected Resources, NMFS, (301) 427-8401.

SUPPLEMENTARY INFORMATION:

Background

    Section 101(a)(5)(A) of the MMPA (16 U.S.C. 1361 et seq.) directs 
the Secretary of Commerce 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 regulations are issued. Under the MMPA, the term ``take'' 
means to harass, hunt, capture, or kill or to attempt to harass, hunt, 
capture, or kill any marine mammal.
    Authorization for incidental takings may be granted for periods up 
to 5 years, after notification and opportunity for public comment, if 
NMFS finds that the taking will have a negligible impact on the species 
or stock(s), will not have an unmitigable adverse impact on the

[[Page 41487]]

availability of the species or stock(s) for subsistence uses (where 
relevant), and if the permissible methods of taking and requirements 
pertaining to the mitigation, monitoring and reporting of such takings 
are set forth. NMFS has defined ``negligible impact'' in 50 CFR 216.103 
as ``* * * an impact resulting from the specified activity that cannot 
be reasonably expected to, and is not reasonably likely to, adversely 
affect the species or stock through effects on annual rates of 
recruitment or survival.''
    Regulations governing the take of 14 species of marine mammals, by 
Level B harassment only, incidental to operation and repair and 
maintenance activities at the Neptune Port off Massachusetts were 
issued on June 13, 2011 (76 FR 34157). These regulations are effective 
from July 11, 2011, through July 10, 2016 (76 FR 35995, June 21, 2011). 
The species which are authorized for taking are: North Atlantic right 
whale; humpback whale; fin whale; sei whale; minke whale; long-finned 
pilot whale; killer whale; Atlantic white-sided dolphin; harbor 
porpoise; common dolphin; Risso's dolphin; bottlenose dolphin; harbor 
seal; and gray seal. For detailed information on this action, please 
refer to the final rule and correction to the final rule (76 FR 34157, 
June 13, 2011; 76 FR 35995, June 21, 2011). These regulations include 
mitigation, monitoring, and reporting requirements for the incidental 
take of marine mammals during operation and repair and maintenance 
activities at the Neptune Port.
    This LOA is effective from July 12, 2011, through July 10, 2016, 
and authorizes the incidental take of the 14 marine mammal species 
listed above that may result from port commissioning and operations, 
including maintenance and repair activities, at the Neptune Deepwater 
Port off Massachusetts. Once the Port is fully operational, it is 
anticipated that there may be up to 50 shuttle regasification vessel 
(SRV) trips per year.
    Potential effects of Neptune's port operations and maintenance/
repair activities would most likely be acoustic in nature. LNG port 
operations and maintenance/repair activities introduce sound into the 
marine environment. Potential acoustic effects on marine mammals relate 
to sound produced by thrusters during maneuvering of the SRVs while 
docking and undocking, occasional weathervaning at the port, and during 
thruster use of dynamic positioning maintenance vessels should a major 
repair be necessary. Marine mammals may experience masking and 
behavioral disturbance.
    Take of marine mammals will be minimized through the implementation 
of the following mitigation measures: (1) Restricting repair and 
maintenance activities to the period between May 1 and November 30, to 
the greatest extent practicable, so that acoustic disturbance to the 
endangered North Atlantic right whale can largely be avoided; (2) using 
NMFS-approved protected species observers (PSOs) onboard vessels and 
bioacoustic technicians; (3) taking appropriate actions to minimize the 
risk of striking whales, including reducing speed to 10 knots or less 
in certain seasons and areas and alerting personnel responsible for 
navigation and lookout duties to concentrate their efforts when a 
marine mammal is sighted; (4) remaining 1 km (0.6 mi) away from North 
Atlantic right whales and other whales to the extent possible while 
moving, and PSOs will direct a moving vessel to slow to idle if a 
baleen whale is seen less than 1 km (0.6 mi) from the vessel; (5) 
remaining 91 m (100 yd) away from all other marine mammal species; (6) 
ceasing any noise emitting activities that exceed a source level of 139 
dB re 1 [micro]Pa if a right whale is sighted within or approaching to 
a distance of 457 m (500 yd); (7) ceasing any noise emitting activities 
that exceed a source level of 139 dB re 1 [micro]Pa if a marine mammal 
other than a right whale is sighted within or approaching to a distance 
of 91 m (100 yd); and (8) implementing passive acoustic monitoring of 
marine mammals to supplement the effectiveness of visual sightings. 
Additionally, the rule includes an adaptive management component that 
allows for timely modification of mitigation or monitoring measures 
based on new information, when appropriate. No injury or mortality is 
anticipated, and none is authorized.
    Through this LOA, Neptune is required to monitor for marine mammals 
using both visual observers (i.e., PSOs) and passive acoustic 
monitoring systems. Neptune is required to submit an annual report to 
NMFS on August 1 of each year. The report will include data collected 
for each distinct marine mammal species observed in the LNG facility 
area during the period of January 1 through December 31 of the previous 
year of activity. Additional information on the mitigation, monitoring, 
and reporting requirements can be found in the final rule (76 FR 34157, 
June 13, 2011). Neptune is also required to submit a comprehensive 
report, which shall provide full documentation of methods, results, and 
interpretation of all monitoring during the period of effectiveness of 
this LOA.

    Dated: July 11, 2011.
James H. Lecky,
Director, Office of Protected Resources, National Marine Fisheries 
Service.
[FR Doc. 2011-17762 Filed 7-13-11; 8:45 am]
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