[Federal Register Volume 79, Number 174 (Tuesday, September 9, 2014)]
[Notices]
[Pages 53409-53421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21417]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

RIN 0648-XD163


Takes of Marine Mammals Incidental to Specified Activities; 
Taking Marine Mammals Incidental to Construction of the Block Island 
Wind Farm

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

ACTION: Notice; issuance of an incidental harassment authorization.

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SUMMARY: In accordance with regulations implementing the Marine Mammal 
Protection Act (MMPA), notification is hereby given that NMFS has 
issued an Incidental Harassment Authorization (IHA) to Deepwater Wind 
Block Island, LLC (DWBI) to take marine mammals, by harassment, 
incidental to construction of the Block Island Wind Farm.

DATES: Effective October 31, 2014, through October 30, 2015. A copy of 
the IHA and application are available by

[[Page 53410]]

writing to Jolie Harrison, Supervisor, Incidental Take Program, Permits 
and Conservation Division, Office of Protected Resources, National 
Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 
20910.
    An electronic copy of the application and a list of references used 
in this document may be obtained by visiting the internet at: http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. NMFS prepared 
an Environmental Assessment (EA) and Finding of No Significant Impact 
(FONSI) in August 2014, which are available at the same internet 
address. Documents cited in this notice may be viewed, by appointment, 
during regular business hours, at the aforementioned address.

FOR FURTHER INFORMATION CONTACT: John Fiorentino, Office of Protected 
Resources, NMFS, (301) 427-8477.

SUPPLEMENTARY INFORMATION: 

Background

    Sections 101(a)(5)(A) and (D) of the MMPA (16 U.S.C. 1361 et seq.) 
direct 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 either regulations are issued or, if the taking 
is limited to harassment, a notice of a proposed authorization is 
provided to the public for review.
    An authorization for incidental takings shall be granted 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 
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.''
    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].

Summary of Request

    On March 11, 2013, NMFS received an application from DWBI for the 
taking of marine mammals incidental to construction of the Block Island 
Wind Farm. The application went through a series of revisions and the 
final version was submitted on October 17, 2013. NMFS determined that 
the application was adequate and complete on December 2, 2013.
    DWBI plans to develop the Block Island Wind Farm (BIWF), a 30-
megawatt offshore wind farm. The planned activity could begin in late 
2014 and last through late 2015; however, portions of the project will 
only occur for short, sporadic periods of time over the 1-year period. 
The following specific aspects of the planned activities are likely to 
result in the take of marine mammals: impact pile driving and the use 
of dynamically positioned (DP) vessel thrusters. Take, by Level B 
Harassment only, of individuals of nine species is anticipated to 
result from the specified activity.

Description of the Specified Activity

Overview

    The BIWF will consist of five, 6-megawatt wind turbine generators 
(WTGs), a submarine cable interconnecting the WTGs, and a transmission 
cable. Construction of the BIWF will involve the following activities: 
cable landfall construction on Block Island via a short-distance 
horizontal directional drill (HDD) from an excavated trench box located 
on Crescent Beach, Block Island; jacket foundation installation; inter-
array and export cable installation; and WTG installation. Installation 
of the jacket foundation will require impact pile driving. The 
generation of underwater noise from impact pile driving and the DP 
vessel thruster may result in the incidental take of marine mammals.
    In connection with the BIWF, Deepwater Wind Block Island 
Transmission System, LLC (a different applicant) plans to construct the 
Block Island Transmission System, a bi-directional submarine 
transmission cable that will run from Block Island to the Rhode Island 
mainland. Incidental take of marine mammals resulting from construction 
of the Block Island Transmission System will be assessed separately.

Dates and Duration

    Construction activities could begin in late 2014 and are scheduled 
to be complete by December 2015. The anticipated project work windows 
are provided in Table 1.

                Table 1--Anticipated Project Work Windows
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               Activity                      Anticipated work window
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Contracting, mobilization, and          January 2014-December 2014.
 verification.
Onshore short-distance HDD              December 2014-June 2015.
 installation.
Onshore/offshore long-distance HDD      January 2015-June 2015.
 installation.
Onshore cable installation............  October 2014-May 2015.
Offshore cable installation...........  April 2015-August 2015.
Landfall demobilization and             May 2015-June 2015.
 remediation.
Foundation fabrication and              October 2015-September 2015.
 transportation.
WTG jacket foundation--non-pile         April 2015-July 2015 or August
 driving activity.                       2015-October 2015.
WTG jacket foundation--pile driving...  May 2015-July 2015 or August
                                         2015-October 2015.
WTG installation and commissioning....  July 2015-December 2015.
------------------------------------------------------------------------

    NMFS proposed to issue an authorization effective October 31, 2014 
through October 30, 2015, based on the anticipated work windows for in-
water construction that could result in the incidental take of marine 
mammals. While project activities may occur for 1 year, in-water pile 
driving is only expected to occur for up to 20 days (4 days for each 
WTG). Use of the DP vessel thruster during cable installation 
activities is expected to occur for 28

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days maximum. Impact pile driving will occur during daylight hours 
only, starting approximately 30 minutes after dawn and ending 30 
minutes prior to dusk, unless a situation arises where stopping pile 
driving will compromise safety (either human health or environmental) 
and/or the integrity of the project. Cable installation (and subsequent 
use of the DP vessel thruster) will be conducted 24 hours per day.

Specified Geographic Region

    The offshore components of the BIWF will be located in state 
territorial waters. Construction staging and laydown for offshore 
construction is planned to occur at the Quonset Point port facility in 
North Kingstown, Rhode Island. The WTGs will be located on average of 
about 4.8 kilometers (km) southeast of Block Island, and about 25.7 km 
south of the Rhode Island mainland. The WTGs will be arranged in a 
radial configuration spaced about 0.8 km apart. The inter-array cable 
will connect the five WTGs for a total length of 3.2 km from the 
northernmost WTG to the southernmost WTG (Figure 1.2-1 of DWBI's 
application). Water depths along the WTG array and inter-array cable 
range up to 23.3 meters (m).
    The submarine portions of the export cable will be installed by a 
jet plow supported by a DP vessel. The export cable will originate at 
the northernmost WTG and travel 10 km to a manhole on Block Island. 
Water depths along the export cable submarine route range up to 36.9 m. 
Terrestrial cables, an interconnection switchyard, and other ancillary 
facilities associated with the BIWF will be located in the town of New 
Shoreham in Washington County, Rhode Island.

Detailed Description of Activities

    The following sections provide additional details associated with 
each portion of the BIWF construction.
1. Landfall Construction
    On Block Island, DWBI plans to bring the export cable ashore via a 
short-distance HDD. DWBI will use the short-distance HDD to install 
either a steel or high density polyethylene conduit for the cable under 
the beach. The excavated trench on Crescent Beach will be approximately 
2 to 3 m wide, 4 m deep, and 11 m long. Spoils from the trench 
excavation will be stored on the respective beach and returned to the 
trench after cable installation. The HDD will enter through the shore 
side of the excavated trench and the cable conduit will be installed 
between the trench and the manhole. The export cable will then be 
pulled from the excavated trench into the respective manhole through 
the newly installed conduit. Sheet piling installations will occur at 
low tide.
    The coupling of land-based vibrations and nearshore sounds into the 
underwater acoustic field is not well understood and cannot be 
accurately predicted using current models. However, because the 
excavation for the cable trench and the HDD installation on the beach 
will occur onshore and because sand is generally a very poor conductor 
of vibrations, NMFS considers it unlikely that the underwater noise 
generated from either of these installations will result in harassment 
of marine mammals.
    A jet plow, supported by a DP cable installation barge, will be 
used to install the export cable below the seabed. The jet plow will be 
positioned over the trench at the mean low water mark on Crescent Beach 
and be pulled from shore by the cable installation barge.
2. Jacket Foundation Installation
    Offshore installation of the WTG jacket foundations will be carried 
out from a derrick barge moored to the seabed. Each jacket foundation 
will be lifted from the derrick barge, placed onto the seafloor, 
leveled, and made ready for piling. The piles will then be inserted 
above sea level into each corner of the jacket foundation in two 
segments. First, the lead sections of the piles will be inserted into 
the jacket foundation legs and then driven into the seafloor. Then, the 
second length of the piles will be placed on the lead pile section and 
welded into place. The jacket foundation piles will then be driven into 
the seafloor to the final penetration design depth or until refusal, 
whichever comes first. DWBI anticipates a final pile depth of up to 
76.2 m. For the purpose of analysis, DWBI assumes that impact pile 
driving will start with a 200 kilojoule (kJ) rated hydraulic hammer, 
followed by a 600 kJ rated hammer to reach final design penetration. A 
1,000-kilowatt unit will power the hammers. Changing out the hammers 
from 200 to 600 kJ will be required once the driving forces become 
ineffective, and will take about 30 to 60 minutes to complete, during 
which time impact pile driving will cease. Once pile driving is 
complete, the top of the piles will be welded to the jacket foundation 
legs using shear plates and cut to allow for horizontal placement of 
the WTG transition deck. Finally, the boat landing and transition decks 
will be welded into place.
    Pile driving activities will occur during daylight hours only, 
unless a situation arises where stopping pile driving will compromise 
safety (either human health or environmental) and/or the integrity of 
the project. Installation of each jacket foundation will require 7 days 
to complete; the duration of pile driving within this timeframe is 
anticipated to be 4 days for each jacket foundation. The jacket 
foundations will be installed one at a time at each WTG location for a 
total of 5 weeks assuming no delays due to weather or other 
circumstances.
3. Offshore Cable Installation
    DWBI will use a jet plow, supported by a DP cable installation 
barge, to install the export cable and inter-array cable below the 
seabed. The jet plow will be positioned over the trench and pulled from 
shore by the cable installation vessel. The jet plow will likely be a 
rubber-tired or skid-mounted plow with a maximum width of about 4.6 m, 
and pulled along the seafloor behind the cable-laying barge with 
assistance of a non-DP material barge. High-pressure water from vessel-
mounted pumps will be injected into the sediments through nozzles 
situated along the plow, causing the sediments to temporarily fluidize 
and create a liquefied trench. DWBI anticipates a temporary trench 
width of up to 1.5 m. As the plow is pulled along the route behind the 
barge, the cable will be laid into the temporary, liquefied trench 
through the back of the plow. The trench will be backfilled by the 
water current and the natural settlement of the suspended material. 
Umbilical cords will connect the submerged jet plow to control 
equipment on the vessel to allow the operators to monitor and control 
the installation process and make adjustments to the speed and 
alignment as the installation proceeds across the water.
    The export cable and inter-array cable will be buried to a target 
depth of 1.8 m beneath the seafloor. The actual burial depth depends on 
substrate encountered along the route and could vary from 1.2 to 2.4 m. 
If less than 1.2 m burial is achieved, DWBI may elect to install 
additional protection, such as concrete matting or rock piles. At each 
of the WTGs, the inter-array cable will be pulled into the jacket 
foundation through J-tubes installed on the sides of the jacket 
foundations. At the J-tubes, additional cable armoring such as sand 
bags and/or rocks will be used to protect the inter-array cable.
    A DP vessel will be used during cable installation in order to 
maintain precise coordinates. DP systems maintain their precise 
coordinates in waters through the use of automatic controls. These 
control systems use variable levels of

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power to counter forces from current and wind. During cable-lay 
activities, DWBI expects that a reduced 50 percent power level will be 
used by DP vessels. DWBI modeled scenarios using a source level of 180 
dB re 1 micro Pascal for the DP vessel thruster, assuming water depths 
of 7, 10, 20, and 40 m, and thruster power of 50 percent. Detailed 
information on the acoustic modeling for this source is provided in 
Appendix A of DWBI's application (see ADDRESSES).
    Depending on bottom conditions, weather, and other factors, 
installation of the export cable and inter-array cable is expected to 
take 2 to 4 weeks. This schedule assumes a 24-hour work window with no 
delays due to weather or other circumstances.
4. WTG Installation
    The WTGs will be installed upon completion of the jacket 
foundations and the pull-in of the inter-array cable. The WTGs will be 
transported by a transportation barge to the BIWF from a temporary 
storage facility on the mainland. The transportation barge will set up 
at the installation site adjacent to a jack-up material barge. The 
jack-up barge legs will be lowered to the seafloor to provide a level 
work surface and begin the WTG installation. The WTGs will be installed 
in sections with the lower tower section lifted onto the transition 
deck followed by the upper tower section.
    Installation of each WTG will require 2 days to complete, assuming 
a 24-hour work window and no delays due to weather or other 
circumstances. None of the activities associated with installation of 
the WTGs is expected to result in the harassment of marine mammals.

Comments and Responses

    A proposed IHA and request for public comments was published in the 
Federal Register on March 25, 2014 (79 FR 16301). During the 30-day 
public comment period, NMFS only received comments from the Marine 
Mammal Commission (Commission). The Commission's comments are 
summarized and addressed below. All comments have been compiled and 
posted at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications.
    Comment 1: The Commission recommended that NMFS require DWBI to 
provide information regarding the data and assumptions used to derive 
cetacean density estimates.
    Response: As stated in section 6 of their application (see 
ADDRESSES), DWBI used sightings per unit effort (SPUE) reported in 
Kenney and Vigness-Raposa (2009) to derive density estimates for 
cetacean species in the project area. SPUE is derived by using a 
measure of survey effort and number of individual cetaceans sighted. 
SPUE allows for comparison between discrete units of time (i.e., 
seasons) and space within a project area. SPUE calculated by Kenney and 
Vigness-Raposa (2009) was derived from a number of sources, all of 
which are referenced in the application.
    Comment 2: The Commission recommended that NMFS require DWBI to 
address apparent inconsistencies in marine mammal species density 
estimates between different BIWF activities (impact pile driving and DP 
vessel thruster use) and in the density estimates for some marine 
mammal species for this project with those for the related Block Island 
Transmission System (BITS) project.
    Response: The proposed activity for construction of the BIWF could 
begin in late 2014 and last through late 2015; however, portions of the 
project will only occur for short, sporadic periods of times over the 
1-year period. Therefore the estimates of take of marine mammals were 
calculated based on density estimates during the predicted seasons 
within which the specific BIWF activity will occur. The estimates of 
take for the BITS were also based on the density estimates during the 
predicted season of the proposed activity. In addition, the location of 
activities for the BIWF are further offshore and to the south of 
activities as described for the BITS. Density estimates, as reported by 
Kenney and Vigness-Raposa (2009), are temporally and spatially 
variable. Therefore, the maximum seasonal densities within the project 
areas differ given the specific location and time of year of the 
activity described.
    Comment 3: The Commission recommended that NMFS include in each 
Federal Register notice for proposed incidental harassment 
authorizations a sufficiently detailed description of the status and 
distribution of the species of marine mammals likely to be affected by 
the proposed activities to allow the public to review and comment on 
the proposed authorization as a stand-alone document.
    Response: As required by regulation, section 4 of DWBI's 
application included a detailed description of the status, 
distribution, and seasonal distribution of the affected species or 
stocks of marine animals likely to be affected by such activities (see 
ADDRESSES). As such, the DWBI application was referenced accordingly in 
the FR notice for the proposed IHA and request for public comments (79 
FR 16301, March 25, 2014). Further, the internet Web site for the NMFS 
Marine Mammal Stock Assessment Reports, which contain information on 
the biology and local distribution of species potentially affected by 
this project, was provided in the FR notice for the proposed IHA.
    Comment 4: The Commission recommended that NMFS require DWBI to 
provide estimated source levels associated with HDD and jet plowing 
activities, and to provide take estimates associated with those 
activities.
    Response: Neither HDD nor jet plow noise were modelled for 
harassment because all the noise associated with these activities will 
be in-air. More specifically, the HDD rig will be located on land at 
Scarborough and Crescent Beaches. As discussed in the FR notice for the 
proposed IHA and request for public comments (79 FR 16301, March 25, 
2014), the coupling of land-based vibrations and nearshore sounds into 
the underwater acoustic field is not well understood and cannot be 
accurately predicted using current models. However, because the HDD 
installation on the beach will occur onshore and because sand is 
generally a very poor conductor of vibrations, NMFS considers it 
unlikely that the underwater noise generated from the HDD installation 
will result in harassment of marine mammals. Regarding jet plow noise, 
all compressors will be located on the vessel itself and will not 
affect the surrounding underwater environment. Therefore, noise 
associated with jet plow activities was also discounted by NMFS as a 
potential source of harassment.
    Comment 5: To reduce the potential for vessel strikes with 
endangered North Atlantic right whales, the Commission recommended that 
NMFS require DWBI vessels to reduce speeds to 10 knots or less from 
November 1 to April 30 in all areas of operation.
    Response: In 2008, NMFS promulgated a regulation implementing a 
mandatory 10-knot speed limit for vessels 65 feet or greater in length 
in designated seasonal management areas (SMAs) to reduce the threat of 
ship collisions with right whales (see 50 CFR 224.105). The SMAs were 
established to provide protection for right whales, and the timing, 
duration, and geographic extent of the speed restrictions were 
specifically designed to reflect right whale movement, distribution, 
and aggregation patterns. The vessel speed restriction is in effect in 
the mid-Atlantic SMA from November 1 through April 30 to reduce the 
threat of collisions between ships and right

[[Page 53413]]

whales around their migratory route and calving grounds.
    Right whales have been observed in or near Rhode Island during all 
four seasons; however, they are most common in the spring when they are 
migrating and in the fall during their southbound migration (Kenney and 
Vigness-Raposa 2009). Portions of the BIWF project area are located 
within the Mid-Atlantic SMA; thus, to minimize the potential for vessel 
collision with right whales and other marine mammal species all DWBI 
vessels associated with the BIWF construction, regardless of their 
length, will operate at speeds of 10 knots or less from the November 1 
to April 30 time period, regardless of whether they are inside or 
outside of the designated SMA. In addition, all DWBI vessels associated 
with the BIWF construction will adhere to NMFS guidelines for marine 
mammal ship striking avoidance (available online at: http://www.nmfs.noaa.gov/pr/pdfs/education/viewing_northeast.pdf), 
including maintaining a distance of at least 1,500 feet from right 
whales and having dedicated protected species observers who will 
communicate with the captain to ensure that all measures to avoid 
whales are taken. NMFS believes that the size of right whales, their 
slow movements, and the amount of time they spend at the surface will 
make them extremely likely to be spotted by protected species observers 
during construction activities within the BIWF project area. NMFS does 
not anticipate any marine mammals to be impacted by vessel movement 
because only a limited number of vessels will be involved in 
construction activities and they will move at slow speeds throughout 
construction.

Description of Marine Mammals in the Area of the Specified Activity

    There are 34 marine mammal species with possible or confirmed 
occurrence in the area of the specified activity (Table 2).
BILLING CODE 3510-22-P

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[GRAPHIC] [TIFF OMITTED] TN09SE14.000


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[GRAPHIC] [TIFF OMITTED] TN09SE14.001

BILLING CODE 3510-22-C
    The highlighted species in Table 2 are pelagic and/or northern 
species, or are so rarely sighted that their presence in the project 
area, and therefore take, is unlikely. These species are not considered 
further in this IHA notice. The West Indian manatee is managed by the 
U.S. Fish and Wildlife Service and is also not considered further in 
this IHA notice. Further information on the biology and local 
distribution of these species can be found in section 4 of DWBI's 
application (see ADDRESSES), and the NMFS Marine Mammal Stock 
Assessment Reports, which are available online at: http://www.nmfs.noaa.gov/pr/species/.

Potential Effects of the Specified Activity on Marine Mammals

    The FR notice of proposed IHA (79 FR 16301, March 25, 2014) 
included a summary and discussion of the ways that the types of 
stressors associated with the specified activity (i.e., impact pile 
driving and use of the DP vessel thruster) have been observed to impact 
marine mammals. The ``Estimated Take by Incidental Harassment'' section 
later in this document includes a quantitative analysis of the number 
of individuals that are expected to be taken by this activity. The 
``Negligible Impact Analysis'' section includes the analysis of how 
this specific activity will impact marine mammals and considers the 
content of the ``Potential Effects of the Specified Activity on Marine 
Mammals'' section, the ``Estimated Take by Incidental Harassment'' 
section, the ``Mitigation'' section, and the ``Anticipated Effects on 
Marine Mammal Habitat'' section to draw conclusions regarding the 
likely impacts of this activity on the reproductive success or 
survivorship of individuals, and from that on the affected marine 
mammal populations or stocks.
    Potential effects of the specified activities on marine mammals 
involve acoustic effects related to sound produced by in-water impact 
pile driving and use of DP vessel thrusters. Detailed information on 
these effects was provided in the proposed IHA (79 FR 16301, March 25, 
2014) and that information has not changed.

Anticipated Effects on Marine Mammal Habitat

    There are no feeding areas, rookeries, or mating grounds known to 
be biologically important to marine mammals within the project area. 
There is also no designated critical habitat for any ESA-listed marine 
mammals. Harbor seals haul out on Block Island and points along 
Narragansett Bay, the most important haul-out being on the edge of New 
Harbor, about 2.4 km from the proposed BIWF landfall on Block Island. 
The only consistent haul-out locations for gray seals within the 
vicinity of Rhode Island are around Monomoy National Wildlife Refuge 
and Nantucket Sound in Massachusetts (more than 80 nautical miles from 
the project area). NMFS' regulations at 50 CFR 224.105 designated the 
nearshore waters of the Mid-Atlantic Bight as the Mid-Atlantic SMA for 
right whales. Mandatory vessel speed restrictions are in place in that 
SMA from November 1 through April 30 to reduce the threat of collisions 
between ships and right whales around their migratory route and calving 
grounds.
    The BIWF involves activities that will disturb the seafloor and 
potentially affect benthic and finfish communities. Installation of the 
inter-array cable and export cable will result in the temporary 
disturbance of no more than 3.7 and 11.6 acres of seafloor, 
respectively. These installation activities will also result in 
temporary and localized increases in turbidity around the project area. 
DWBI may also install additional protective armoring in areas where the 
burial depth achieved is less than 1.2 m. DWBI expects that additional 
protection will be required at a maximum of 1 percent of the entire 
submarine cable, resulting in a conversion of up to 0.4 acres of soft 
substrate to hard substrate along the cable route. During the 
installation of additional protective

[[Page 53416]]

armoring at the cable crossings and as necessary along the cable route, 
anchors and anchor chains will temporarily impact about 1.8 acres of 
bottom substrate during each anchoring event.
    The installation of the five WTGs will result in a total impact of 
about 0.35 acres. In this area, soft substrate will be permanently 
converted to hard substrate. Construction activities associated with 
the installation of the jacket foundations and WTGs will also result in 
the temporary disturbance of 28.9 acres of substrate from the placement 
of jack-up barge spuds, vessel anchors, and associated anchor sweep. 
Additional disturbance is also expected within the top few inches of 
substrate from the anchor chains during foundation installation as they 
rest on the seafloor or sweep across the bottom in response to bottom 
currents.
    Jet-plowing and impacts from construction vessel anchor placement 
and/or sweep will cause either the displacement or loss of benthic and 
finfish resources in the immediate areas of disturbance. This may 
result in a temporary loss of forage items for marine mammals and a 
temporary reduction in the amount of benthic habitat available for 
foraging marine mammals in the immediate project area. However, the 
amount of habitat affected represents a very small percentage of the 
available marine mammal foraging habitat in the project area. Increased 
underwater sound levels may temporarily result in marine mammals 
avoiding or abandoning the area.
    Because of the temporary nature of the disturbance, the 
availability of similar habitat and resources in the surrounding area, 
and the lack of important or unique marine mammal habitat, the impacts 
to marine mammals and the food sources that they utilize are not 
expected to cause significant or long-term consequences for individual 
marine mammals or their populations.

Mitigation

    In order to issue an incidental take authorization (ITA) under 
section 101(a)(5)(D) of the MMPA, NMFS must set forth the permissible 
methods of taking pursuant to such activity, and other means of 
effecting the least practicable impact on such species or stock and its 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance, and on the availability of such species 
or stock for taking for certain subsistence uses (where relevant).

Mitigation Measures

    DWBI will implement the following mitigation measures during impact 
pile driving and use of the DP vessel thruster:
1. Marine Mammal Exclusion Zone
    At the onset of pile driving when the 200 kJ impact pile driving 
hammer is in use, protected species observers will visually monitor a 
200-m radius exclusion zone around each jacket foundation to reduce the 
potential for injury of marine mammals. After changing to the 600 kJ 
impact pile driving hammer, protected species observers will visually 
monitor a 600-m radius exclusion zone. These distances are estimated to 
be the respective 180-dB isopleths based on DWBI's sound exposure 
model. A minimum of two observers will be stationed aboard each noise-
producing construction support vessel. Each observer will visually 
monitor a 360-degree field of vision from the vessel. Observers will 
begin monitoring at least 30 minutes prior to impact pile driving, 
continue monitoring during impact pile driving, and stop monitoring 30 
minutes after impact pile driving has ended. If a marine mammal is seen 
approaching or entering the relevant 180-dB isopleth (200-m or 600-m) 
exclusion zones during impact pile driving (and following a 50 percent 
reduction in energy; see ``Delay and Powerdown Procedures'' below), 
DWBI will stop impact pile driving unless it is determined that the 
reduction will compromise safety (either human health or environmental) 
and/or the integrity of the project.
2. Soft-Start Procedures
    DWBI will use a soft-start (or ramp-up) procedure at the beginning 
of impact pile driving to alert marine mammals in the area. This 
procedure will require an initial set of three strikes from the impact 
hammer at 40 percent energy with a 1-minute waiting period between 
subsequent 3-strike sets. DWBI will repeat the procedure two additional 
times. DWBI will initiate a soft-start at the beginning of each day of 
pile driving, at the beginning of each pile segment, and if pile 
driving stops for more than 30 minutes. DWBI will not initiate a soft-
start if the monitoring zone is obscured by fog, inclement weather, 
poor lighting conditions, etc.
3. Delay and Powerdown Procedures
    DWBI will delay impact pile driving if a marine mammal is observed 
within the relevant 180-dB isopleth exclusion zone and until the 
exclusion zone is clear of marine mammals. DWBI will reduce impact pile 
driving if a marine mammal is seen within or approaching the 200-m or 
600-m exclusion zone. DWBI will reduce the hammer energy by 50 percent 
to a ramp-up level. If a marine mammal continues to move towards the 
sound source, DWBI will stop impact pile driving operations until the 
exclusion zone is clear of marine mammals for at least 30 minutes.
4. DP Thruster Power Reduction
    A constant tension must be maintained during cable installation and 
any significant stoppage in vessel maneuverability during jet plow 
activities will result in damage to the cable. Therefore, during DP 
vessel operations, DWBI will reduce DP thruster power to the maximum 
extent possible if a marine mammal approaches or enters a 5-m radius 
from the vessel (estimated to be the 160-dB isopleth from the vessel). 
This reduction will not be implemented at the risk of compromising 
safety and/or the integrity of the BIWF. DWBI will not increase power 
until the 5-m zone is clear of marine mammals for 30 minutes.
5. Time of Day and Weather Restrictions
    DWBI will conduct impact pile driving during daylight hours only, 
starting approximately 30 minutes after dawn and ending 30 minutes 
before dusk. If a soft-start is initiated before the onset of inclement 
weather, DWBI may complete that segment of impact pile driving. DWBI 
will not initiate new impact pile driving activities until the entire 
monitoring zone is visible.
6. Vessel Speed Restrictions
    All DWBI vessels, regardless of length and location, will operate 
at speeds of 10 knots or less from November 1 through April 30.
7. Ship Strike Avoidance
    DWBI will adhere to NMFS guidelines for marine mammal ship strike 
avoidance (http://www.nmfs.noaa.gov/pr/pdfs/education/viewing_northeast.pdf).

Mitigation Conclusions

    NMFS has carefully evaluated the applicant's mitigation measures 
and considered a range of other measures in the context of ensuring 
that NMFS prescribes the means of effecting the least practicable 
impact on the affected marine mammal species and stocks and their 
habitat. Our evaluation of potential measures included consideration of 
the following factors in relation to one another:
     The manner in which, and the degree to which, the 
successful implementation of the measure is

[[Page 53417]]

expected to minimize adverse impacts to marine mammals;
     The proven or likely efficacy of the specific measure to 
minimize adverse impacts as planned; and
     The practicability of the measure for applicant 
implementation.
    Based on our evaluation of the applicant's proposed measures, as 
well as other measures considered by NMFS, NMFS has determined that the 
mitigation measures provide the means of effecting the least 
practicable impact on marine mammals species or stocks and their 
habitat, paying particular attention to rookeries, mating grounds, and 
areas of similar significance.

Monitoring and Reporting

    In order to issue an ITA for an activity, Section 101(a)(5)(D) of 
the MMPA states that NMFS must set forth ``requirements pertaining to 
the monitoring and reporting of such taking.'' The MMPA implementing 
regulations at 50 CFR 216.104 (a)(13) indicate that requests for ITAs 
must include the suggested means of accomplishing the necessary 
monitoring and reporting that will result in increased knowledge of the 
species and of the level of taking or impacts on populations of marine 
mammals that are expected to be present in the action area.
    Monitoring measures prescribed by NMFS should accomplish one or 
more of the following general goals:
    1. An increase in the probability of detecting marine mammals, both 
within the mitigation zone (thus allowing for more effective 
implementation of the mitigation) and in general to generate more data 
to contribute to the analyses mentioned below;
    2. An increase in our understanding of how many marine mammals are 
likely to be exposed to levels of continuous noise from use of a DP 
vessel thruster that we associate with specific adverse effects, such 
as behavioral harassment, TTS, or PTS;
    3. An increase in our understanding of how marine mammals respond 
to stimuli expected to result in take and how anticipated adverse 
effects on individuals (in different ways and to varying degrees) may 
impact the population, species, or stock (specifically through effects 
on annual rates of recruitment or survival) through any of the 
following methods:
     Behavioral observations in the presence of stimuli 
compared to observations in the absence of stimuli (need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
     Physiological measurements in the presence of stimuli 
compared to observations in the absence of stimuli (need to be able to 
accurately predict received level, distance from source, and other 
pertinent information);
     Distribution and/or abundance comparisons in times or 
areas with concentrated stimuli versus times or areas without stimuli;
    4. An increased knowledge of the affected species; and
    5. An increase in our understanding of the effectiveness of certain 
mitigation and monitoring measures.

Monitoring Measures

    DWBI submitted a marine mammal monitoring plan as part of the IHA 
application. It can be found in section 12 of their application (see 
ADDRESSES).
1. Visual Monitoring
    DWBI will use two protected species observers (in addition to those 
used for mitigation) to visually monitor the Level B harassment zone 
during all impact pile driving. During use of the 200 kJ impact pile 
driving hammer, a 3.6-km radius will be monitored, and during use of 
the 600 kJ impact pile driving hammer, a 7-km radius (or maximum 
distance visible) will be monitored. DWBI will also use two protected 
species observers to visually monitor a 5-m radius around the vessel 
during DP vessel thruster use. Observers will estimate distances to 
marine mammals visually, using laser range finders, or by using reticle 
binoculars during daylight hours. During night operations (DP vessel 
thruster use only), observers will use night-vision binoculars. 
Observers will record their position using hand-held or vessel global 
positioning system units for each sighting, vessel position change, and 
any environmental change. Each observer will scan the surrounding area 
for visual indication of marine mammal presence. Observers will be 
located from the highest available vantage point on the associated 
operational platform (e.g., support vessel, barge or tug), estimated to 
be at least 6 m above the waterline.
    Prior to initiation of construction work, all crew members on 
barges, tugs, and support vessels will undergo environmental training, 
a component of which will focus on the procedures for sighting and 
protection of marine mammals. DWBI will also conduct a briefing with 
the construction supervisors and crews and observers to define chains 
of command, discuss communication procedures, provide an overview of 
the monitoring purposes, and review operational procedures. The DWBI 
Construction Compliance Manager (or other authorized individual) will 
have the authority to stop or delay impact pile driving activities if 
deemed necessary.
2. Acoustic Field Verification
    DWBI will conduct field verification of the estimated 200-m and 
600-m exclusion zones during impact pile driving to determine whether 
the proposed distances correspond accurately to the relevant isopleths.
    DWBI will take acoustic measurements during impact pile driving of 
the last half (deepest pile segment) for any given open-water pile and 
will also measure from two reference locations at two water depths (a 
depth at mid-water and at about 1 m above the seafloor). If the field 
measurements determine that the actual Level A (180-dB isopleth) and 
Level B (160-dB isopleth) harassment zones are less than or beyond the 
proposed distances, a new zone shall be established accordingly. DWBI 
will notify NMFS and the USACE within 24 hours if a new marine mammal 
exclusion zone is established that extends beyond the proposed 200-m or 
600-m distances. Implementation of a smaller zone will be contingent on 
NMFS' review and will not be used until NMFS approves the change.
    DWBI will also perform field verification of the 160-dB isopleth 
associated with DP vessel thruster use during cable installation. DWBI 
will take acoustic measurements from two reference locations at two 
water depths (a depth at mid-water and at about 1 m above the 
seafloor). Similar to field verification during impact pile driving, 
the DP thruster power reduction zone may be modified as necessary.

Reporting Measures

    Observers will record dates and locations of construction 
operations; times of observations; location and weather; details of 
marine mammal sightings (e.g., species, age, numbers, behavior); and 
details of any observed take.
    DWBI will provide the following notifications and reports during 
construction activities:
     Notification to NMFS and the U.S. Army Corps of Engineers 
(USACE) within 24-hours of beginning construction activities and again 
within 24-hours of completion;
     Detailed report of field-verification measurements within 
7 days of completion (including: sound levels, durations, spectral 
characteristics, DP thruster use, etc.) and notification to NMFS and 
the USACE within 24-hours if a new zone is established;

[[Page 53418]]

     Notification to NMFS and USACE within 24-hours if field 
verification measurements suggest a larger marine mammal exclusion 
zone;
     Final technical report to NMFS and the USACE within 120 
days of completion of the specified activity documenting methods and 
monitoring protocols, mitigation implementation, marine mammal 
observations, other results, and discussion of mitigation 
effectiveness.
    In the unanticipated event that the specified activity clearly 
causes the take of a marine mammal in a manner not permitted by the 
authorization (if issued), such as an injury, serious injury, or 
mortality (e.g., ship-strike, gear interaction, and/or entanglement), 
DWBI shall immediately cease the specified activities and immediately 
report the incident to the Incidental Take Program Supervisor, Permits 
and Conservation Division, Office of Protected Resources, NMFS, at 301-
427-8401 and/or by email to [email protected] and 
[email protected] and the Greater Atlantic Region Stranding 
Coordinator at 978-281-9300 ([email protected]). The report must 
include the following information:
     Time, date, and location (latitude/longitude) of the 
incident;
     Name and type of vessel involved;
     Vessel's speed during and leading up to the incident;
     Description of the incident;
     Status of all sound source use in the 24 hours preceding 
the incident;
     Water depth;
     Environmental conditions (e.g., wind speed and direction, 
Beaufort sea state, cloud cover, and visibility);
     Description of all marine mammal observations in the 24 
hours preceding the incident;
     Species identification or description of the animal(s) 
involved;
     Fate of the animal(s); and
     Photographs or video footage of the animal(s) (if 
equipment is available).
    DWBI shall not resume its activities until we are able to review 
the circumstances of the prohibited take. We will work with DWBI to 
determine what is necessary to minimize the likelihood of further 
prohibited take and ensure MMPA compliance. DWBI may not resume their 
activities until notified by us via letter, email, or telephone.
    In the event that DWBI discovers an injured or dead marine mammal, 
and the lead visual observer determines that the cause of the injury or 
death is unknown and the death is relatively recent (i.e., in less than 
a moderate state of decomposition), DWBI shall immediately report the 
incident to the Incidental Take Program Supervisor, Permits and 
Conservation Division, Office of Protected Resources, at 301-427-8401 
and/or by email to [email protected] and [email protected] 
and the Greater Atlantic Region Stranding Coordinator at 978-281-9300 
([email protected]). The report must include the same information 
identified in the paragraph above this section. Activities may continue 
while we review the circumstances of the incident. We will work with 
DWBI to determine whether modifications in the activities are 
appropriate.
    In the event that DWBI discovers an injured or dead marine mammal, 
and the lead visual observer determines that the injury or death is not 
associated with or related to the authorized activities (e.g., 
previously wounded animal, carcass with moderate to advanced 
decomposition, or scavenger damage), DWBI will report the incident to 
the Incidental Take Program Supervisor, Permits and Conservation 
Division, Office of Protected Resources, at 301-427-8401 and/or by 
email to [email protected] and [email protected] and the 
Greater Atlantic Region Stranding Coordinator at 978-281-9300 
([email protected]), within 24 hours of the discovery. DWBI will 
provide photographs or video footage (if available) or other 
documentation of the stranded animal sighting to us.

Estimated Take by Incidental Harassment

    Except with respect to certain activities not pertinent here, the 
MMPA defines ``harassment'' as: Any act of pursuit, torment, or 
annoyance which (i) has the potential to injure a marine mammal or 
marine mammal stock in the wild [Level A harassment]; or (ii) has the 
potential to disturb a marine mammal or marine mammal stock in the wild 
by causing disruption of behavioral patterns, including, but not 
limited to, migration, breathing, nursing, breeding, feeding, or 
sheltering [Level B harassment].
    Project activities that have the potential to harass marine 
mammals, as defined by the MMPA, include noise associated with impact 
pile driving, and noise associated with the use of DP vessel thrusters 
during cable installation. Harassment could take the form of masking, 
temporary threshold shift, avoidance, or other changes in marine mammal 
behavior. NMFS anticipates that impacts to marine mammals will be in 
the form of behavioral harassment and no take by injury, serious 
injury, or mortality is authorized. NMFS does not anticipate take 
resulting from the movement of vessels associated with construction 
because there will be a limited number of vessels moving at slow speeds 
over a relatively shallow, nearshore area.
    NMFS' current acoustic exposure criteria for estimating take are 
shown in Table 3 below. DWBI's modeled distances to these acoustic 
exposure criteria are shown in Table 4. Details on the model 
characteristics and results are provided in the Underwater Acoustic 
Report at the end of DWBI's application (see ADDRESSES). DWBI and NMFS 
believe that this estimate represents the worst-case scenario and that 
the actual distance to the Level B harassment threshold may be shorter.

            Table 3--NMFS' Current Acoustic Exposure Criteria
------------------------------------------------------------------------
                           Non-Explosive Sound
-------------------------------------------------------------------------
                                    Criterion
           Criterion                definition           Threshold
------------------------------------------------------------------------
Level A Harassment (Injury)...  Permanent          180 dB re 1 microPa-m
                                 Threshold Shift    (cetaceans)/190 dB
                                 (PTS) (Any level   re 1 microPa-m
                                 above that which   (pinnipeds) root
                                 is known to        mean square (rms)
                                 cause TTS).
Level B Harassment............  Behavioral         160 dB re 1 microPa-m
                                 Disruption (for    (rms)
                                 impulse noises).
Level B Harassment............  Behavioral         120 dB re 1 microPa-m
                                 Disruption (for    (rms)
                                 continuous,
                                 noise).
------------------------------------------------------------------------


[[Page 53419]]


     Table 4--DWBI's Modeled Distances to Acoustic Exposure Criteria
------------------------------------------------------------------------
                                   Distance to level   Distance to level
            Activity               B harassment (160  A harassment (180/
                                      or 120 dB)            190 dB)
------------------------------------------------------------------------
Impact pile driving (hammer       7,000 m...........  600 m
 energy = 600 kJ).
Impact pile driving (hammer       3,600 m...........  200 m
 energy = 200 kJ).
DP vessel thruster use..........  4,750 m...........  <5 m
------------------------------------------------------------------------

    DWBI estimated species densities within the project area in order 
to estimate the number of marine mammal exposures to sound levels above 
120 dB (continuous noise) or 160 dB (impulsive noise). DWBI used 
sightings per unit effort (SPUE) from Kenney and Vigness-Raposa (2009) 
for relative cetacean abundance and the Northeast Navy OPAREA Density 
Estimates (DoN, 2007) for seal abundance. Based on multiple reports, 
harbor seal abundance off the coast of Rhode Island is thought to be 
about 20 percent of the total abundance for southern New England. 
Because the seasonality and habitat use of gray seals off the coast of 
Rhode Island roughly overlaps with harbor seals, DWBI applied this 20 
percent estimate to both pinniped species. The 2007 and 2009 density 
estimates relied upon for this authorization represent the best 
scientific data available. NMFS is not aware of any efforts to collect 
more recent density estimates than those relied upon here.
    Estimated takes were calculated by multiplying the average highest 
species density (per 100 km\2\) by the zone of influence, multiplied by 
a correction factor of 1.5 to account for marine mammals underwater, 
multiplied by the number of days of the specified activity. A detailed 
description of the DWBI's model used to calculate zones of influence is 
provided in the Underwater Acoustic Report at the end of their 
application (see ADDRESSES).
    DWBI used a zone of influence of 89.6 km\2\ and a total 
construction period of 20 days to estimate take from impact pile 
driving. This zone of influence is based on use of the largest 600 kJ 
impact hammer. Jacket foundation installation (requiring impact pile 
driving) is scheduled to occur between the months of May through July 
or August through October. DWBI used a zone of influence of 25.1 km\2\ 
and a maximum installation period of 28 days to estimate take from use 
of the DP vessel thruster during cable installation. The zone of 
influence represents the average ensonified area across the three 
representative water depths along the cable route (10 m, 20 m, and 40 
m). DWBI expects cable installation to occur between April and August.
    To be conservative, DWBI based take calculations on the highest 
seasonal species density over which impact pile driving and use of the 
DP vessel thruster was scheduled to occur. DWBI's requested take 
numbers are provided in Table 5 and this is also the number of takes 
NMFS is authorizing. DWBI's calculations do not take into account 
whether a single animal is harassed multiple times or whether each 
exposure is a different animal. Therefore, the numbers in Table 5 are 
the maximum number of animals that may be harassed during impact pile 
driving (i.e., DWBI assumes that each exposure event is a different 
animal). These estimates do not account for mitigation measures that 
DWBI will implement during the specified activities.
    DWBI did not request, and NMFS is not authorizing, take from vessel 
strike. We do not anticipate marine mammals to be impacted by vessel 
movement because a limited number of vessels will be involved in 
construction activities and they will move at slow speeds (10 knots or 
less) throughout construction.

                               Table 5--DWBI's Estimated Take for the BIWF Project
----------------------------------------------------------------------------------------------------------------
                                      Maximum     Estimated take
                                     seasonal       by level B
                                   density (per     harassment        Maximum     Estimated take
       Common species name          100 km\2\)   ----------------    seasonal       by level B         Total
                                 ----------------                  density (per     harassment    estimated take
                                    Impact pile      DP Vessel      100 km\2\)
                                      driving        thruster
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin....            7.46             201            1.23              13             214
Short-beaked common dolphin.....            8.21             221            2.59              28             249
Harbor porpoise.................            0.47              13            0.74               8              21
Minke whale.....................            0.44              12            0.14               2              14
Fin whale.......................            1.92              52            2.15              23              75
Humpback whale..................            0.11               3            0.11               2               5
North Atlantic right whale......            0.04               2            0.06               1               3
Gray seal.......................           14.16              77           14.16              30             107
Harbor seal.....................            9.74              53            9.74              21              74
----------------------------------------------------------------------------------------------------------------


                            Table 6--Species Information and Take Authorized by NMFS
----------------------------------------------------------------------------------------------------------------
                                                                         Percentage of
                                          Authorized     Abundance of        stock
          Common species name                take            stock        potentially       Population trend
                                                                          affected  %
----------------------------------------------------------------------------------------------------------------
Atlantic white-sided dolphin..........             214          23,390            0.91  N/A
Short-beaked common dolphin...........             249         120,743            0.21  N/A
Harbor porpoise.......................              21          89,054            0.02  N/A
Minke whale...........................              14           8,987            0.16  N/A

[[Page 53420]]

 
Fin whale.............................              75           3,985            1.88  N/A
Humpback whale........................               5          11,570            0.04  Increasing
North Atlantic right whale............               3             444            0.67  Increasing
Gray seal.............................             107         348,900            0.03  Increasing
Harbor seal...........................              74          99,340            0.07  N/A
----------------------------------------------------------------------------------------------------------------

Analysis and Preliminary Determinations

Negligible Impact

    Negligible impact is ``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'' (50 CFR 216.103). A 
negligible impact finding is based on the lack of likely adverse 
effects on annual rates of recruitment or survival (i.e., population-
level effects). An estimate of the number of Level B harassment takes, 
alone, is not enough information on which to base an impact 
determination. In addition to considering estimates of the number of 
marine mammals that might be ``taken'' through behavioral harassment, 
NMFS must consider other factors, such as the likely nature of any 
responses (their intensity, duration, etc.), the context of any 
responses (critical reproductive time or location, migration, etc.), as 
well as the number and nature of estimated Level A harassment takes, 
the number of estimated mortalities, and effects on habitat.
    DWBI did not request, and NMFS is not anticipating or authorizing, 
take of marine mammals by injury, serious injury, or mortality. NMFS 
expects that take will be in the form of behavioral harassment. 
Exposure to sound levels above 160 dB during impact pile driving will 
not last for more than 12 hours per day for 20 non-consecutive days. 
Exposure to sound levels above 120 dB during use of the DP vessel 
thruster may last for 24 hours per day for 28 days. While use of the DP 
thruster may last for consecutive days, the vessel will be moving and 
therefore not focused on one specific area for the entire duration. 
Animals may temporarily avoid the immediate area, but are not expected 
to permanently abandon the area. Marine mammal habitat may be impacted 
by elevated sound levels and sediment disturbance, but these impacts 
will be temporary. Furthermore, there are no feeding areas, rookeries, 
or mating grounds known to be biologically important to marine mammals 
within the project area. There is also no designated critical habitat 
for any ESA-listed marine mammals. The mitigation measures are expected 
to reduce the number and/or severity of takes by (1) giving animals the 
opportunity to move away from the sound source before the pile driver 
reaches full energy; (2) reducing the intensity of exposure within a 
certain distance by reducing the DP vessel thruster power; and (3) 
preventing animals from being exposed to sound levels reaching 180 dB 
during impact pile driving.
    Based on the analysis contained herein of the likely effects of the 
specified activity on marine mammals and their habitat, and taking into 
consideration the implementation of the monitoring and mitigation 
measures, NMFS finds that the total marine mammal take from DWBI's BIWF 
project is not likely to have an effect on annual rates of recruitment 
or survival of the affected species or stocks. Therefore the take from 
the project will have a negligible impact on the affected marine mammal 
species or stocks.

Small Numbers

    The numbers of individual animals that may be exposed to sound 
levels above 160 dB (impact pile driving) and 120 dB (DP vessel 
thruster) is small relative to the affected species or stock sizes 
(Table 6). The authorized take numbers are the maximum numbers of 
animals that are expected to be harassed during the BIWF project; it is 
possible that some of these exposures may occur to the same individual. 
NMFS finds that small numbers of marine mammals will be taken relative 
to the populations of the affected species or stocks.

Impact on Availability of Affected Species for Taking for Subsistence 
Uses

    There are no relevant subsistence uses of marine mammals implicated 
by this action. Therefore, NMFS has determined that the total taking of 
affected species or stocks will not have an unmitigable adverse impact 
on the availability of such species or stocks for taking for 
subsistence purposes.

Endangered Species Act (ESA)

    There are three marine mammal species that are listed as endangered 
under the ESA: Fin whale, humpback whale, and North Atlantic right 
whale. Under section 7 of the ESA, the USACE (the federal permitting 
agency for the actual BIWF construction) consulted with NMFS on the 
BIWF project. NMFS also consulted internally on the issuance of an IHA 
under section 101(a)(5)(D) of the MMPA for this activity. NMFS 
Northeast Region (now known as the Greater Atlantic Region) issued a 
Biological Opinion on January 30, 2014, concluding that the Block 
Island Wind Farm project may adversely affect but is not likely to 
jeopardize the continued existence of fin whale, humpback whale, or 
North Atlantic right whale. The effects of the IHA on listed marine 
mammal species fall within the scope of effects analyzed in the 
Biological Opinion for the Block Island Wind Farm project. Therefore, a 
new consultation is not required for issuance of this IHA. Following 
the issuance of the IHA, an incidental take statement (ITS), with 
associated reasonable and prudent measures and terms and conditions, 
will be issued to exempt any take of listed marine mammal species from 
the take prohibition in section 9 of the ESA. The ITS will be appended 
to the January 30, 2014 Biological Opinion.

National Environmental Policy Act (NEPA)

    In compliance with the National Environmental Policy Act of 1969 
(42 U.S.C. 4321 et seq.), as implemented by the regulations published 
by the Council on Environmental Quality (40 CFR parts 1500-1508), and 
NOAA Administrative Order 216-6, NMFS prepared an Environmental 
Assessment (EA) analyzing the potential impacts of the issuance of an 
IHA for the proposed activities. The final EA was prepared in August 
2014 and NMFS made a Finding of No Significant Impact for this action.

[[Page 53421]]

These documents are available on our Web site at http://www.nmfs.noaa.gov/pr/permits/incidental.htm#applications. Accordingly, 
an Environmental Impact Statement is not required and none was 
prepared.

    Dated: September 4, 2014.
Perry F. Gayaldo,
Deputy Director, Office of Protected Resources, National Marine 
Fisheries Service.
[FR Doc. 2014-21417 Filed 9-8-14; 8:45 am]
BILLING CODE 3510-22-P